IT & Dominance

Dominance

The Italian Competition Authority opens a market investigation on Big Data
Shearman & Sterling (Rome)
Introduction On 30 May 2017, the Italian Competition Authority (“ICA”), together with the national regulators for communications and data protection, opened a joint market investigation on Big Data. The investigation appears to be wide-ranging, covering not only competition issues, but data (...)

The Italian Competition Authority opens a market investigation on Big Data
Shearman & Sterling (Rome)
Introduction The Italian Competition Authority, together with the national regulators for communications and data protection, opened a joint market investigation on Big Data. The investigation appears to be wide-ranging, covering not only competition issues, but data protection, consumer (...)

The EU Commission publishes final e-commerce sector inquiry report
Van Bael & Bellis (Brussels)
On 10 May 2017, the European Commission (“Commission”) published its final Report on the e-commerce sector inquiry (“the Report”), aimed at identifying business practices in the sector that might restrict competition and limit con- sumer choice. The Report consists of two documents: (i) a 16-page (...)

The EU Commission publishes its final report on the e-commerce sector inquiry
Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
On 10 May 2017, two years after launching its e-commerce sector inquiry on 6 May 2015, the European Commission published its final report (Final Report) on the inquiry. The inquiry was opened in the framework of the Commission’s broader Digital Single Market strategy, which was aimed at (...)

The EU Commission publishes its final report on the inquiry into the e-commerce sector
DLA Piper
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DLA Piper (London)
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DLA Piper
On 10 May 2017, DG Competition of the European Commission (the "Commission") published its final report on the inquiry into the e-commerce sector (launched in May 2015 as part of the Digital Single Market strategy). The findings in the report are based on information gathered from 1,900 (...)

The EU Commission publishes its final report on the e-commerce sector inquiry
Shearman & Sterling (London)
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Shearman & Sterling (Rome)
The European Commission has published, on 10 May, its final report on the E- commerce Sector Inquiry (the “Final Report”). The Commission launched the E-commerce Sector Inquiry in May 2015 in the context of its Digital Single Market (“DSM”) strategy, aiming to ensure better access for consumers (...)

The UK Competition Authority publishes preliminary findings on price comparison websites
Cleary Gottlieb Steen & Hamilton (London)
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Cleary Gottlieb Steen & Hamilton (London)
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In September 2016, the Competition and Markets Authority (“CMA”) launched a Market Study into digital comparison tools (“DCTs”). On March 28, 2017, the CMA published an update on the Market Study setting out its preliminary findings and areas of focus for the second part of the Market Study. The (...)

The California Southern District Court receives a claim from Apple against Qualcomm over allegedly abusive wireless patents
DLA Piper Weiss-Tessbach (Vienna)
Apple and Qualcomm proceeding* In January 2017 Apple filed suit against Qualcomm over its allegedly abusive licensing practices regarding wireless patents. Apple filed patent, antitrust and breach of contract claims against Qualcomm; this could result in damages of billions of dollars. (...)

The UK Patents Court defers hearing on competition law issues in a patent litigation until infringement of patents is established (Illumina / Premiatha)
Fieldfisher (London)
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Fieldfisher (London)
Illumina, Inc v Premiatha Health PLC [2016] EWHC 1726 (Pat)*In July 2015 the Court of Justice of the European Union (CJEU) handed down its judgment in Huawei Technologies Co. Ltd v ZTE Corp., ZTE Deutschland GmbH (Case C-170/13). In that Judgment the CJEU ruled that in proceedings for an (...)

The French Competition Authority and German Federal Cartel Office publish a joint report on big data and its implications for competition law
Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
On May 10, 2016, the French Competition Authority and German Federal Cartel Office published “Competition Law and Data,” a joint report on big data and its implications for competition law. The paper identifies issues that antitrust authorities should consider when assessing the interplay among (...)

The Beijing High People’s Court releases guidelines on the trial of Internet-related intellectual property right cases
University of Melbourne
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China Competition Bulletin (Beijing)
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Hogan Lovells (Beijing)
On 13 April 2016, the Beijing High People’s Court released the Guideline on the Trial of Internet-Related Intellectual Property Right Cases. The guideline contains 42 provisions, covering copyright, trademark, and unfair competition issues. Specifically, there are two competition-related (...)

The UK High Court throws out private claim for damages based on abuse of dominance in the online mapping sector (Streetmap / Google)
Constantine Cannon (London)
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Constantine Cannon (London)
Google wins court battle against StreetMap in the UK*Google won a big victory Friday in the High Court of England and Wales, which ruled that Google did not abuse its dominant position to the detriment of the now-defunct UK online mapping provider, Streetmap.The Court’s ruling against (...)

The German Competition Authority publishes a discussion paper on internet platforms in merger control, contractual restrictions of competition and abuse of dominance scenarios
Heinz & Zagrosek (Köln)
The FCO publishes discussion paper on internet platform markets* On October 1, 2015, the FCO published a paper entitled “Digital economy – internet platforms between competition law, privacy and consumer protection” on the occasion of a conference of the working group competition law (consisting (...)

The EU Commission launches an antitrust sector inquiry into the e-commerce sector
Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
On May 6, 2015, the European Commission (Commission) launched an antitrust sector inquiry into the e-commerce sector. This sector inquiry is part of the Commission’s broader Digital Single Market Strategy, which aims inter alia to improve access for consumers and businesses to online goods and (...)

The Competition Commission of India passes an order in favour of prominent online retail platforms in India (Mohit Manglani / M/s Flipkart India)
Chandhiok & Associates (New Delhi)
Introduction After Google, e-commerce seems to be next hot topic in the antitrust community. The European Commission’s recent inquiry has made this sector one of the most watched ones. Predictably, with the exponential increase in internet penetration, the Indian competition law has also (...)

The EU Commissioner in charge of competition policy announces a potential inquiry in the e-commerce sector
General Court of the European Union (Luxembourg)
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Allen & Overy (Hamburg)
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White & Case (Brussels)
On 26 March 2015, the European Commissioner in charge of competition policy, Margrethe Vestager, announced a potential competition inquiry in the e-commerce sector. According to the Commission, the proposed inquiry is aimed at identifying and resolving cross-border barriers to e-commerce in (...)

The French Competition Authority receives commitments from a railway company aiming at ending the competition concerns identified in the distribution of train tickets sector (SNCF and voyages-sncf.com)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The SNCF makes progress on the path to the equitable treatment of its voyages-sncf.com website and travel agencies* Within the scope of a procedure initiated before the Autorité de la concurrence, SNCF has (...)

The Indian Competition Commission penalises an investigated company for non-disclosure of information (Google)
Centre for Internet and Society (Bangalore)
CCI penalises Google for non-disclosure of information; fines it one crore rupees* Earlier in March, Google was fined one crore rupees by the Competition Commission of India (CCI) for not cooperating with the Director General’s (DG’s) investigations into its operations. The DG had served seven (...)

The UK High Court opts for targeted disclosure in private stand-alone claim against web search engine provider (Foundem / Google)
The University of Manchester
Background On 30 November 2010, the EU Commission (the “Commission”) announced that it had opened an investigation into allegations that Google has abused its dominant position, contrary to Article 102 TFEU, following multiple complaints. On 21 May 2012, the Commission published its preliminary (...)

The U.S. DOJ challenges the acquisition by the market leader of product ratings and reviews platforms of its alleged closest competitor (Bazaarvoice/PowerReviews)
Wilson Sonsini Goodrich & Rosati (Washington)
On January 10, 2013, the U.S. Department of Justice sued Bazaarvoice, Inc. alleging that its acquisition of PowerReviews, Inc. in June 2012 violated Section 7 of the Clayton Act. The complaint alleges that Bazaarvoice was the market leader for product ratings and reviews platforms (PRR (...)

The Chinese MOFCOM again uniquely imposes AML conditions on a transaction in the smartphone sector (Google / Motorola Mobility)
Ingram Yuzek Gainen Carroll & Bertolotti
The notification for Google‘s acquisition of Motorola Mobility was submitted to China’s Ministry of Commerce on 30 September 2011. It was ultimately accepted on 21 November 2011 by MOFCOM after supplementation. At the expiration of the Phase III, or extended Phase II, period, on 19 May 2012, (...)

The US DoJ and FTC conduct simultaneous independent antitrust investigations in the online search market (Google)
Womble Carlyle Sandridge & Rice (Washington D.C.)
Google Investigation* After months of a rumors about government action against Google, there are reports that government agencies are begining to take action. On June 24, the Wall Street Journal reported that the FTC is primed to serve subpoenas on the internet giant. A July 19, 2011 (...)

The Chinese State Council publishes policies on further encouraging the development of the software and integrated circuit industries
University of Melbourne
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China Competition Bulletin (Beijing)
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Institute of American Studies
State Council: Several Policies on Further Encouraging the Development of the Software and Integrated Circuit Industries* The State Council promulgated the Several Policies on Further Encouraging the Development of the Software and Integrated Circuit Industries (the Policies) on 28 January (...)

The French Competition Authority issues an opinion pointing out some competition concerns in the newly opened online gambling markets (Opinion on online gambling)
French Competition Authority (Paris)
In an opinion issued seven months after the law entered into force, the French Competition Authority pointed out that some practices could give rise to anticompetitive issues: the betting right agreements signed between operators and sport event organizers should be regulated to ensure a fair (...)

The French Competition Authority issues recommendations in order to ensure adequate competition in the sector of online betting and gambling
EDHEC Business School
Further to a request in relation to the gambling and betting market, made by the European Gaming and Betting Association (EGBA) under article L. 462-1 of the French Code de commerce, and regarding French statute n° 2010-476, which regulates online betting and gambling, the French Competition (...)

The US House Subcommittee on Courts and Competition Policy questions whether antitrust law can deal with competition in evolving digital industries
Wolters Kluwer (Riverwoods)
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Wolters Kluwer (Riverwoods)
Can Antitrust Law Deal With Competition in Evolving Digital Industries?* Are U.S. antitrust laws suited to deal with the challenges presented by rapidly evolving digital industries? That was the question posed at a September 16 hearing of the House Judiciary Committee’s Subcommittee on the (...)

The French Competition Authority accepts commitments in order to address competition concerns in the discount coupons sector (HighCo, Sogec & Perifem)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence accepts commitments enabling all market operators to use Webcoupon or to develop equivalent solutions.* After a referreal by the Institut de liaisons et d’études des industries de (...)

The European Ombudsman criticises an investigation of the Commission (Intel)
Van Bael & Bellis (Brussels)
In a decision dated 18 November 2009, the European Ombudsman found that the Commission had committed an act of maladministration in its investigation of Intel’s alleged breach of Article 82 EC. In May 2009, the Commission imposed a fine of € 1.06 billion on Intel for abusing its dominant (...)

The European Court of First Instance examines an appeal of a leading computer manufacturer against a Commission’s decision on abuse of dominant position (Intel)
Van Bael & Bellis (Brussels)
On 22 November 2008, details were published in the Official Journal of the European Union of an appeal brought by Intel to annul decisions of the Hearing Officer and the European Commission. The decisions relate to Article 82 EC proceedings regarding Intel’s alleged conduct in excluding its (...)

The UK Competition Appeal Tribunal criticises an interim measures direction issued by the OFT pursuant to section 35(2) of the Competition Act 1998 and awards costs accordingly (London Metal Exchange)
Kings Chambers (Leeds)
This case concerned costs, primarily, but provides detailed judicial comment on what the OFT is expected to do before issuing an interim measures decision (IMD) under section 35 of the Competition Act 1998 (Act). The case revolved around the first IMD issued by the OFT under the Act. It was (...)

The European Commission launches sector inquiry into the sale of sports rights to Internet and 3G mobile operators
Cisco (Paris)
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"Using the instrument of sector-wide inquiries: inquiry into content for 3G services"* 1. The importance of a proactive approach in the antitrust field, especially regarding emerging markets DG Competition has launched a comprehensive rethinking of the use of its instruments. This has been (...)

The EU General Court issues a ruling on mandatory access and interoperability in the software industry (Contact Software)
Jones Day (Brussels)
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Jones Day (Amsterdam)
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Jones Day (Brussels)
The European General Court’s ("GC") decision relates to a complaint filed with the European Commission ("EC") by Contact Software, a German software supplier of Product Data Management ("PDM"). Contact Software alleged an abuse of dominance by Dassault Systèmes and Parametric Technology Corp., as (...)

The EU Court of Justice modernizes abuse of dominance (Intel)
Cleary Gottlieb Steen & Hamilton (Brussels)
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Cleary Gottlieb Steen & Hamilton (Brussels)
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Cleary Gottlieb Steen & Hamilton (London)
(“CJEU”) set aside General Court’s 2014 Intel judgment, upholding a European Commission (the “Commission”) decision fining Intel €1.06 billion for abuse of dominance through exclusivity rebates . The CJEU held that the General Court had erred in failing to examine all of Intel’s arguments calling (...)

The EU Court of Justice quashes the 2014 judgment of the General Court that upheld a fine of €1.06 billion for an abuse of dominant position by implementing loyalty rebates based on exclusivity agreements (Intel)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
On September 6, 2017 ,the Court of Justice of the European Union (CJEU) quashed the 2014 judgment of the General Court (GC) that upheld a fine of €1.06 billion ($1.5 billion) on Intel Corporation Inc. (Intel) for abusing a dominant market position by implementing loyalty rebates based on (...)

The EU Court of Justice refers a case back to the General Court for re-examination (Intel)
Norton Rose Fulbright (Brussels)
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Norton Rose Fulbright (London)
Major victory for Intel as CJEU sends case back to General Court for re-examination* On 6 September, the EU’s highest court, the Court of Justice (CJEU), released its long-awaited decision in the Intel case, in which the Commission imposed a fine of €1.06 billion – at the time, the largest fine (...)

The EU Court of justice revisits forty years of case law on when a dominant company’s rebate scheme may be abusive (Intel)
Baker McKenzie (Brussels)
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Baker McKenzie (London)
In its ruling on the European Commission’s 500 page Intel decision, in a crisp 150 paragraphs, the EU Court of Justice (the Court) revisited forty years of jurisprudence on when a dominant company’s rebate scheme may be abusive. Though no final decision for Intel, the case marks a potentially (...)

The EU Court of Justice annuls a General Court ruling that upheld the fine imposed by the Commission for an abuse of dominance (Intel)
Jones Day (Brussels)
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Jones Day (Brussels)
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Morgan Lewis (Frankfurt)
What happened? The European Court of Justice ("ECJ") set aside a General Court ruling that had upheld a €1.06 billion fine imposed by the European Commission on Intel for abusing its dominant position in the market for x86 central processing units ("CPUs"). Background In its 2009 decision, (...)

The EU Court of Justice endorses an effects-based assessment of rebates (Intel)
White & Case (Brussels)
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White & Case (Brussels)
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White & Case (Brussels)
On 6 September 2017, the Court of Justice of the European Union ("CJEU" or "Court") essentially held in Intel that the European Commission ("Commission") cannot consider rebates, and in particular loyalty rebates, as per se illegal. Rather, the Commission needs to show that a specific rebates (...)

The EU Court of Justice issues landmark judgment on legal treatment of fidelity rebates granted by dominant companies (Intel)
Van Bael & Bellis (Brussels)
On 6 September 2017, the Court of Justice of the European Union (“ECJ”) issued its long-awaited judgment in the Intel case (Case C-413/14 P), setting aside the General Court’s (“GC”) judgment. The GC must now re-assess the legality of the Commission’s decision in light of the ECJ’s ruling. Intel was (...)

The EU Commission fines a multinational technology company for abuse of dominance on the market of online comparison shopping service (Google Shopping)
European Commission - DG COMP
Antitrust: Commission fines Google €2.42 billion for abusing dominance as search engine by giving illegal advantage to own comparison shopping service* The European Commission has fined Google €2.42 billion for breaching EU antitrust rules. Google has abused its market dominance as a search (...)

The Russian Competition Authority issues a warning letter to a multinational technology company to prevent an abuse of dominance (Microsoft)
Russian Federal Antimonopoly Service
FAS warned “Microsoft” not to create discriminatory conditions* On 13 June 2017, FAS issued warnings to “Microsoft” to stop actions that have signs of violating the antimonopoly law (Clause 8 Part 1 Article 10 and Articles 14.2, 14.8 of the Federal Law “On Protection of Competition”). (...)

The Russian Competition Authority announces the payment of a fine by a multinational technology undertaking following a settlement (Google)
Russian Federal Antimonopoly Service
Google paid the fine* On 9 May 2017 Google Inc. Paid a 438,067,400 RUB administrative fine imposed by the Federal Antimonopoly Service. On 17 April 2017 the 2-year dispute between the Federal Antimonopoly Service and “Google” ended in an amicable settlement reached at the Arbitration Court of (...)

The Russian Competition Authority concludes an amicable settlement with a multinational technology company (Google)
Russian Federal Antimonopoly Service
FAS terminated administrative proceedings against Google* The decisions was due to an amicable settlement reached between the antimonopoly authority and the company On 25 April 2017, the Federal Antimonopoly Service (FAS Russia) terminated the proceedings against Google opened for failure to (...)

The European Commission publishes roadmap on Standard Essential Patents
Van Bael & Bellis
On 10 April 2017, the European Commission published its roadmap on “Standard Essential Patents for a European digitalised economy” (the “Roadmap”) with the aim of supporting the development of the 5G mobile communications standard (“5G”) and the Internet of Things (“IoT”) universe. A standard (...)

The Russian Competition Authority sends a warning to a multinational technology company suspected of abuse of dominance (Apple)
Russian Federal Antimonopoly Service
FAS issued a warning to “Apple Rus” Ltd.* By 1 May 2017 the company should open a unified service centre in the Russian Federation On 20 February 2017, the FAS Commission investigated a case against “Apple Rus” Ltd. According to a statement received by FAS, in 2016 service centres failed to (...)

Advocate General Wahl recommends that the EU Court of Justice grant an appeal against the judgement of the General Court, which had upheld a decision of the European Commission imposing a fine of € 1.06 billion for abuse of a dominant position (Intel)
Van Bael & Bellis (Brussels)
On 20 October 2016, Advocate General Wahl rendered his opinion on Intel’s appeal before the Court of Justice of the European Union (“CJEU”) against the judgement of the General Court, which had upheld a decision of the European Commission of 13 May 2009 imposing a fine of € 1.06 billion for abuse (...)

EU Court of Justice Advocate General Wahl delivers his opinion in a case regarding rebates and calls for a new approach to Article 102 (Intel)
Baker McKenzie (Brussels)
Call for a common-sense approach to Article 102 - Advocate General Wahl on Intel* If AG Kokott in Post Danmark II was a 102 hawk – ordoliberal-redux, fossilizing form over function, economics on the “too difficult pile” for authorities and courts – then AG Wahl firmly sets out his stall as the 102 (...)

The EU General Court upholds the Commission’s decision making legally binding commitments remedying a finding of an abuse of dominance in the market for consolidated real-time data feeds (Morningstar / Thomson Reuters)
Van Bael & Bellis (Brussels)
On 15 September 2016, the General Court upheld the Commission’s decision accepting commitments proposed by Thomson Reuters with a view to remedying a finding of an abuse of a dominant position in the market for consolidated real-time data feeds, in breach of Article 102 TFEU. The Commission had (...)

The Italian Competition Authority, in partnership with the EU Commission and nine other NCAs, monitors the impact of the measures undertaken in online hotel booking sector
Italian Competition Authority
Monitoring launched in online hotel booking sector* Monitoring the impact of the new parity clauses in the contracts with online travel agencies by the Italian Competition Authority in partnership with 9 other National Competition Authorities The Italian Competition Authority (AGCM), in (...)

The Arbitration Court of Moscow confirms that a technology company has abused of its dominance on the market of pre-installed app stores (Google)
Russian Federal Antimonopoly Service
Appeal Court supported FAS in a dispute with “Google”* On 17 August 2016, the 9th Arbitration Appeal Court pronounced legitimacy and reasonableness of the decision of the Federal Antimonopoly Service (FAS Russia) on a case against “Google” abusing dominance on the market of preset application (...)

The Portuguese Competition Authority sends a statement of objections to a company specialized in standard mail services suspected to abuse of dominance (CTT)
Portuguese Competition Authority (Lisbon)
The Portuguese Competition Authority sends Statement of Objections to CTT – Correios de Portugal S.A.* The Portuguese Competition Authority (Autoridade da Concorrência – AdC) confirms having sent a Statement of Objections to CTT – Correios de Portugal S.A. (CTT) outlining its preliminary view that (...)

The EU Commission takes further steps concerning the case involving comparison shopping services and advertising-related practices (Google AdSens)
European Commission - DG COMP
Antitrust: Commission takes further steps in investigations alleging Google’s comparison shopping and advertising-related practices breach EU rules* The Commission has sent two Statements of Objections to Google. The Commission has reinforced, in a supplementary Statement of Objections, its (...)

The EU Commission sends a statement of objections to a technology company suspected of imposing restrictions on device manufacturers and mobile network operators (Google Android)
Constantine Cannon (London)
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Constantine Cannon (London)
EU Commission Hits Google With Abuse Of Dominance Charges Over Android*Just as expected, following a one-year investigation and a number of information requests, the European Commission formally announced today that it is accusing Google’s parent company, Alphabet, of abusing its dominant (...)

The EU Commission sends a statement of objections to a technology company suspected of imposing restrictions on device manufacturers and mobile network operators (Google Android)
European Commission - DG COMP
Antitrust: Commission sends Statement of Objections to Google on Android operating system and applications* The European Commission has informed Google of its preliminary view that the company has, in breach of EU antitrust rules, abused its dominant position by imposing restrictions on (...)

The EU Commission sends a statement of objections concerning the imposition of restrictions on smartphone manufacturers and mobile network operators (Google)
Van Bael & Bellis (Brussels)
On 20 April 2016, the European Commission confirmed it issued a Statement of Objections (“SO”) to Google concerning the imposition of restrictions on Android device manufacturers and mobile network operators. The investigation was formally opened in April 2015. Google now has until July 2016 to (...)

The Moscow Arbitration Court confirms the Competition Authority’s decision and prescription in relation to operating systems for smartphones (Yandex / Google)
Russian Federal Antimonopoly Service
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FAS Russia
In March 2016, the Moscow Arbitration Court expressed its support of the position of the Federal Antimonopoly Service (FAS Russia) on the case of abuse of dominance by the Google group of companies involving its actions on the Android operation system. The decision of FAS Russia was taken as (...)

The German Competition Authority opens a proceeding against a social network company suspected to have abused of its dominance by infringing data protection rules (Facebook)
German Competition Authority (Bonn)
Bundeskartellamt initiates proceeding against Facebook on suspicion of having abused its market power by infringing data protection rules* The Bundeskartellamt has initiated a proceeding against Facebook Inc., USA, the Irish subsidiary of the company and Facebook Germany GmbH, Hamburg. The (...)

The German Competition Authority initiates proceedings against a social network company regarding potential abuse of dominance (Facebook)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
The German Federal Cartel Office (the FCO) has announced that it has initiated proceedings against Facebook for the company’s alleged abuse of its dominant position in a market for social networks. The FCO appears to be taking the position that, as a firm with a possibly dominant position, (...)

The Turkish Competition Authority rejects the complaint that agreements between a major IT company and a number of OEMs on the exclusive pre-installation of mobile apps on a mobile operating system infringed competition rules (Yandex / Google)
University of Sussex
This case note analyses the decision of the Turkish Competition Authority (TCA) in which it has rejected the complaint of a rival IT company, Yandex, that agreements of a major IT company, Google, with a number of original equipment manufacturers (OEMs) on the exclusive pre-installation of its (...)

The Romanian Competition Authority fines an IT company for abuse of dominance on the inkjet printers business market (Hewlett-Packard)
Romanian Competition Council (Bucharest)
The Competition Council has sanctioned HP Romania for abuse of dominant position* The Competition Council has sanctioned Hewlett - Packard (HP) Romania with fine of lei 2,966,516 (approx. Euro 665,000) for abuse of dominant position. Following the investigation conducted, the Competition (...)

The Hungarian Competition Authority accepts commitments proposed by a softwares company suspected of abuse of dominance (Nielsen)
Hungarian Competition Authority (Budapest)
The GVH accepted the commitments offered by Nielsen* The Hungarian Competition Authority (Gazdasági Versenyhivatal, GVH) accepted the commitments offered by Nielsen Közönségmérés Kft. (Nielsen), pursuant to which in the future it will set the prices of its databases and of the related discounts (...)

The Düsseldorf District Court rules on the requirements of an antitrust defence against an SEP holder in light of the ECJ’s judgment in Huawei / ZTE (SISVEL / Haier)
Simmons & Simmons (Dusseldorf)
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Simmons & Simmons (Dusseldorf)
A strict approach to applying the principles established in Huawei/ZTE, in particular as regards the prompt provision of security and a statement of account of past use, resulted in the defendant losing the right to raise a fair, reasonable and non-discriminatory (FRAND) defence. In detail (...)

The Russian Competition Authority finds that a smartphone operating system developer abused of its dominance on the market of pre-installed app stores (Google)
Russian Federal Antimonopoly Service
“Google” abuses its dominant position on the market of pre-installed application stores in “Android” OS* The FAS Commission arrived to that conclusion on 14th September 2015, based on investigating the case against “Google Inc, Google Ireland” Ltd., “Google” Ltd. FAS found that “Google Inc. Google (...)

The Croatian Competition Authority opens an ex officio investigation regarding an apps sales market (Google)
Croatian Competition Agency
CCA investigation in Android apps sales market* Following some press articles claiming that the Croatian software companies were forced to open branch offices or find partners abroad because Google did not allow them to register for direct sale of their apps via the Google Play store, the (...)

The EU Court of Justice holds standard-essential patent owner can abuse its position by seeking to enjoin infringement and sets out specific requirements (Huawei / ZTE)
Allen & Overy (London)
Background A Scattered European Landscape There is considerable inconsistency as to the availability of injunctive relief in relation to FRAND-obligated SEPs in the European Union. Whilst courts in the UK have yet to award an injunction on an SEP (and are seen as highly unlikely to do so), (...)

The EU Court of Justice confirms practical steps to be taken by standard essential patent holders before seeking injunctions (Huawei / ZTE)
Norton Rose Fulbright (London)
Synopsis The Court of Justice of the European Union has ruled that the holder of a Standard Essential Patent that has committed to license its Standard Essential Patent on FRAND terms may be found in breach of the competition rules (Article 102 TFEU) by seeking an injunction against a (...)

The Finnish Competition Authority welcomes the judgement of the EU Court of Justice clarifying the position of standard-essential patent holders from the perspective of competition law (Huawei / ZTE)
Finnish Competition and Consumer Authority (FCCA)
The Court of Justice of the European Union has clarified the position of standard-essential patent holders from the perspective of competition law* On Thursday 16 July, the Court of Justice of the European Union gave a judgment on the relationship between patent law and competition law. The (...)

The EU Court of Justice sets out specific requirements with which an SEP holder needs to comply in order to be able to seek an injunction without abusing its dominant position (Huawei / ZTE)
White & Case (Brussels)
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White & Case (Brussels)
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Harte-Bavendamm Rechtsanwälte
Standards lie at the heart of the digital economy – without standards, we would not have smartphones, tablets and other key parts of modern life. Europe’s highest court recently delivered a judgment in Huawei v. ZTE explaining when EU competition law will prevent holders of patents that are (...)

The EU Court of Justice rules on the circumstances in which a presumptively dominant SEP holder who has given a FRAND commitment may seek injunctive relief (Huawei / ZTE)
Quinn Emanuel Urquhart & Sullivan (Brussels)
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Quinn Emanuel Urquhart & Sullivan (Brussels)
The application of competition law to standard essential patents (SEPs) has been the subject of significant debate. The latest instalment was provided by the Court of Justice on 16 July 2015 with its much-anticipated preliminary ruling in Huawei v. ZTE, which concerns the circumstances in which (...)

The Croatian Competition Authority accepts commitments proposed by a company operating in the provision of specialised IT support to leasing companies (Gemicro)
Croatian Competition Agency
Gemicro committments accepted* In the proceeding against the undertaking Gemicro the Croatian Competition Agency (CCA) accepted the committments made by Gemicro for the removal of anticompetitive effects and restoration of competition in the provision of specialised IT support to leasing (...)

The Guangdong High People’s Court hears the appeal of one of China’s first administrative monopoly cases (Guangdong Education Department / Shenzhen Sware Technology)
University of Melbourne
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China Competition Bulletin (Beijing)
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Hogan Lovells (Beijing)
One of China’s first administrative monopoly court cases heard in Guangdong* On 28 May 2015, the Guangdong High People’s Court heard the appeal of the administrative monopoly case against the Guangdong Education Department filed by Shenzhen Sware Technology. The court is expected to announce its (...)

The French Competition Authority obtains extensive commitments from an online hotel booking company (Booking.com)
French Competition Authority (Paris)
Online hotel booking sector* The Autorité de la concurrence, in coordination with the European Commission and the Italian and Swedish authorities, has obtained particularly extensive commitments from Booking.com aiming to boost competition between online booking platforms and give hotels more (...)

The Italian Competition Authority renders legally binding the commitments proposed by an online hotel booking company (Booking.com)
Italian Competition Authority
Commitments offered by booking.com: closed the investigation in Italy, France AND Sweden* On 21 April 2015, the Italian Competition Authority has rendered legally binding the commitments offered by Priceline Group’s companies Booking.com BV and Booking.com (Italy) and closed, with respect to (...)

The German Competition Authority sends a statement of objections to an online hotel booking company suspected to abuse of dominance (Booking.com)
German Competition Authority (Bonn)
Bundeskartellamt issues statement of objections regarding Booking.com’s ’best price’ clauses* Today the Bundeskartellamt has informed Booking.com Deutschland GmbH, Berlin, of its competition concerns regarding the continued use of ’best price’ clauses in its contracts with hotels in Germany. This (...)

The China’s NDRC imposes changes in licensing practices (Qualcomm)
Cleary Gottlieb Steen & Hamilton (Washington)
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Cleary Gottlieb Steen & Hamilton (London)
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Cleary Gottlieb Steen & Hamilton (Brussels)
On March 2, 2015, China’s National Development and Reform Commission (“NDRC”), the agency responsible for investigating price-related violations of China’s Anti-Monopoly Law (the “AML”), published a decision (the “NDRC Decision”) regarding its investigation into alleged anticompetitive conduct by (...)

The Chinese NDRC applies rigorously the Anti-monopoly Law and fines a compagny for abuse of dominant position (Qualcomm)
Dacheng - Dentons (Shanghai)
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Dacheng - Dentons (Beijing)
On February 10, 2015, as one of the global antitrust enforcement powerhouses by now, the National Development and Reform Commission of PRC (“NDRC”) issued its sanction decision against the US semiconductor giant Qualcomm Incorporated (“Qualcomm), imposing a fine of RMB 6.088 billion (equivalent to (...)

Advocate General Wathelet states that before seeking an injunction, a standard essential patent holder must inform an infringer that the latter needs a licence (Huawei / ZTE)
White & Case (Brussels)
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White & Case (Brussels)
Summary The Advocate General’s advisory Opinion in the Huawei v. ZTE FRAND Case (C-170/13) would, if followed by the full European Court of Justice (ECJ), usher in a significant shift in the playing field in German litigation on Standard essential patents (SEPs). Germany has been known as a (...)

The Chinese Supreme Court issues the first decision based on economic analysis under Anti-Monopoly Law (Qihoo / Tencent)
CRA International (Washington)
On October 16, 2014, the Chinese Supreme People’s Court (SPC) announced its ruling on the landmark antitrust litigation brought by Qihoo 360 against Tencent. The decision marked the SPC’s first ruling on a matter filed under China’s Anti-Monopoly Law (AML), which came into effect in August 2008. (...)

The Competition Commission of India gives an order on the emerging jurisprudence of interface between intellectual property and competition law (HT Media / Super Cassettes)
Jindal Global University
On October 1, 2014, Competition Commission of India (CCI) gave its final order on a yet another case making some vital contributions to the shaping of the law on the emerging jurisprudence of interface between intellectual property and competition law regimes in India. While this case sets a (...)

The Spanish Competition Authority imposes fine in purebred horses morphological competition sector (Association of Purebred Spanish Horse Breeders of Spain)
European Commission
Spain: The Comisión Nacional de los Mercados y la Competencia imposes Fine in Purebred Horses Morphological Competition Sector* On 9 September 2014, the Comisión Nacional de los Mercados y la Competencia (CNMC) Council adopted a decision finding that the ANCCE (Asociación Nacional de Criadores (...)

The European Commission publishes a decision finding that request and enforcement of an injunction before a German court regarding a smartphone standard essential patent constituted an abuse of dominant position (Motorola Mobility)
DLA Piper Weiss-Tessbach (Vienna)
Motorola Mobility won’t appeal the European Commission’s decision on patent licensing* Motorola Mobility (Motorola) has decided not to appeal the European Commission’s decision holding that it was abusing the way it licensed standard essential patents for mobile-phone standards. The Commission (...)

The European Commission receives an antitrust complaint concerning patent licensing practices engaged by an owner of numerous standard-essential patents on telecommunications standards (ZTE / Vringo)
DLA Piper Weiss-Tessbach (Vienna)
ZTE files antitrust complaint with the European Commission against the patent-licensing practices of Vringo* On 18 June 2014 ZTE Corporation (ZTE) announced that it filed an antitrust complaint with the European Commission against Vringo Inc.’s (Vringo) patent-licensing practices. ZTE alleged (...)

The EU General Court upholds Commission’s decision imposing a fine on a manufacturer for restricting competition and foreclosing competitors by granting exclusivity rebates in the market for computer processors (Intel)
European Commission - DG COMP
The views expressed in this memo are those of the author’s, and do not reflect the opinions of other CRA experts, or CRA’s clients. A test-case for the effects-based approach In a long-awaited ruling, General Court judgment has confirmed the Commission’s 2009 Intel décision. The Commission’s (...)

The EU General Court upholds the Commission’s decision finding that it had correctly demonstrated the anti-competitive nature of the exclusivity rebates granted by global manufacturer of computer processors (Intel)
DLA Piper Weiss-Tessbach (Vienna)
General Court upholds the EU Commission’s decision against Intel* On 12 June 2014 the General Court published its decision in the Intel case thereby upholding the Commission’s 2009 decision finding that Intel had abused its dominant position and imposed a fine of EUR 1.06 billion. On 13 May (...)

The EU General Court upholds the European Commission’s decision regarding exclusivity rebates on the microprocessor market (Intel)
Dentons (Brussels)
Introduction On 12 June 2014 the General Court issued a judgment upholding in its entirety the European Commission’s decision of 13 May 2009 imposing a fine of €1.06 billion on Intel for abusing its dominant position in the market for x86 central processing units ("CPUs"). In its ruling on the (...)

The EU General Court provides an in-depth analysis of the anti-competitive character of the matter of exclusivity rebates offered to the OEM partners (Intel)
EFTA Surveillance Authority
Case T-286/09 Intel : Characterisation of rebates* It is time to get deeper into the frenzy of the judgment in Case T-286/09 Intel which we summarised very quickly here in our first post on the case. Let us start by looking at the characterisation of rebate schemes by the General Court. The (...)

The EU General Court holds that the exclusivity rebates by their nature are capable of restricting competition and foreclosing competitors from the market for computer processors (Intel)
EFTA Surveillance Authority
Case T-286/09 Intel v Commission: Exclusivity rebates and abuse of a dominant position* Right then, folks, brace yourselves…. The much awaited judgment of the General Court in Case T-286/09 Intel v Commission EU:T:2014:472 came out today. It’s a whopper ! 255 pages. Summarising it is reminds me (...)

The General Court upholds in its entirety the European Commission’s decision imposing a fine on a microprocessor manufacturer for abusing a dominant position in the market for desktop and laptop microprocessors (Intel)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
In a long-awaited judgment issued on June 12, 2014, the General Court upheld in its entirety the European Commission’s May 13, 2009, decision imposing a fine of €1.06 billion ($1.5 billion) on Intel for abusing a dominant position in the market for x86 CPUs. In particular, the court upheld the (...)

The EU General Court upholds the Commission decision in consideration of two exclusionary practices on the market for supply of CPUs, opening the door to a further appeal to the CJEU and to a possible application before the ECtHR (Intel)
University of Bristol - Law School
Could Intel challenge its 1bn Euro fine on grounds of ’corporate human rights’* After last week’s General Court Judgment in Intel v Commission, T-286/09, EU:T:2014:475, the 2 month period for Intel to appeal the confirmation of its 1bn Euro fine before the Court of Justice of the EU on points of (...)

The Portuguese Competition Court upholds a Competition Authority decision fining a TV operator for abuse of dominant position (Sport TV)
European Commission
Portugal: The Competition Court upholds Competition Authority Decision fining Sport TV for Abuse of Dominant Position* On 4 June 2014, the Competition, Regulation and Supervision Court (the Court) upheld a decision of the Portuguese Competition Authority (PCA) finding that Sport TV had abused (...)

The Chinese NDRC announces the suspension of an investigation on abuse of dominance against a US wireless technology developer after receiving detailed commitments (Inter Digital Communications)
AnJie Law (Beijing)
Excessive pricing and standard-essential patents* On May 22 2014, China’s National Development and Reform Commission (NDRC) announced the suspension of the investigation against Inter Digital Communications (IDC), a US wireless technology developer, as the company had submitted detailed (...)

The EU Commission approves commitments concerning certain standard essential patents relating to the European Telecommunications Standardisation Institute’s 3G UMTS standard (Samsung Electronics)
Ashurst (Milan)
European Commission makes commitments offered by Samsung Electronics legally binding* On 29 April 2014, the European Commission European issued a decision (see also the related press release) which made legally binding the commitments offered by Samsung Electronics (“Samsung”) in relation to (...)

The EU Commission finds that the order sought and the enforcement of an injunction before a German Court on the basis of a smartphone standard essential patent constituted abuse of dominance (Motorola Mobility)
Ashurst (Milan)
European Commission finds that Motorola Mobility misused standard essential patents* On 29 April 2014, the European Commission European held that it has adopted a decision which found that Motorola Mobility’s (“Motorola”) seeking and enforcement of an injunction against Apple before a German (...)

A US District Court dismisses the claims on exclusive dealing and attempted monopolization on the market for SD cards (PNY Technologies / SanDisk)
Orrick, Herrington & Sutcliffe (San Francisco)
Northern District of California Raises the Bar on Exclusive Dealing Claims* In PNY Technologies, Inc. v. SanDisk Corp., Case No. C-11-04689 (N.D. Cal. Apr. 25, 2014) (Orrick, J.), the court dismissed PNY’s exclusive dealing and attempted monopolization claims. I previously covered the case (...)

The US DoJ issues statement as regards the closing of an investigation into the use of a portfolio of standards-essential patents on the pursuit of obtaining exclusion orders from the US ITC relating to certain iPhone and iPad models (Samsung)
DLA Piper Weiss-Tessbach (Vienna)
U.S. DOJ closes its investigation of Samsung’s use of its SEPs* On February 7, 2014 the Department of Justice (“DOJ”) issued a statement declaring that it closed its investigation into Samsung Electronics Co. Ltd.’s (“Samsung”) use of its Standards-Essential Patent (“SEP”) portfolio to license (...)

The EU Commission obtains new proposal on commitments in the context of an ongoing antitrust investigation as regards online search and search advertising (Google)
Ashurst (Milan)
Improved Google commitments (closer to) getting the thumbs up from the European Commission* On 5 February 2014, the European Commission issued a press release and a memo concerning the improved commitments proposed by Google (the commitments were made public by Google itself). At a press (...)

The Dutch Supreme Court finds that a decision of an association of real estate agents to make compulsory the use by its members of the association’s information sharing system infringes Article 6(1) of the Dutch competition Act (NVM )
European Commission - DG HR
NVM is an association of real estate agents which accounted in 2005 about 80% of registered real estate agents in the Netherlands. NVM had developed an information sharing system (a first version was named “Masterplan 2000”, followed by a second version named “TIARA”), containing office automation (...)

The Slovenian Supreme Court upholds the Competition Authority’s prohibition decision finding an abuse of dominant position (Pro Plus)
Fatur Law Firm (Ljubljana)
In PRO PLUS case, the Slovenian Competition Protection Agency (hereinafter referred to as the CPA) adopted a prohibition decision in April 2013 (Case 306-90/2009), finding that PRO PLUS, i.e. Produkcija Plus, a leading broadcasting and internet media company in Slovenia, which is part of the (...)

A US District Court dismisses an action brought by a putative class of consumers on claims of monopolization of the aftermarket for iPhone apps (Apple iPhone Antitrust Litigation)
Sheppard Mullin (San Francisco)
Plaintiffs Hit an Illinois Brick Wall: Indirect Purchasers of iPhone Apps Lack Standing to Bring Antitrust Suit* On December 2, 2013, United States District Judge Yvonne Gonzalez Rogers of the Northern District of California dismissed a case against Apple brought by a putative class of (...)

The German and UK competition authorities close investigations against leading online retailer concerning its price parity policy applicable to third party sellers (Amazon)
European Commission
Germany and United Kingdom: Antitrust Cases against Amazon formally closed* On 26 and 29 November 2013, the German Bundeskartellamt (BKartA) and the UK’s Office of Fair Trading (OFT) terminated their respective antitrust investigations into Amazon’s price parity policy applicable to third (...)

The Competition Commission of India orders thorough investigation concerning an alleged abuse of dominant position in the in the market for ’Global System for Mobile Communication’ (Micromax / Ericsson)
Jindal Global University
In the year 2013, an Indian company, Micromax Informatics Ltd. (hereinafter Micromax), filed a case before the Competition Commission of India (hereinafter CCI) against the Swedish telecoms equipment maker, Telefonaktiebolaget LM Ericsson (hereinafter Ericsson), for alleged abuse of its (...)

The Competition Commission of India orders investigation against Swedish telecom provider for abusing its dominant position in determining royalty under FRAND terms (Micromax Informatics Limited / Telefonaktiebolaget LM Ericsson)
University of Tilburg - Center for Law and Economics (TILEC)
Background In a recent matter, Micromax Informatics Limited vs Telefonaktiebolaget LM Ericsson (Publ), the Competition Commission of India has ordered an investigation by DG competition against Ericsson for abusing its dominant position in determining royalty under the FRAND terms. Micromax in (...)

The Lisbon Court of Appeal states that the limitation period of a claim for damages caused by anticompetitive behaviour starts with the awareness of the facts by the claimant and not with the Competition Authority’s decision (ADSL)
Pares Advogados
On 31 October 2013, the Lisbon Court of Appeal confirmed the decision of the Lisbon Court of First Instance, denying the appellant the right to claim compensation for the losses suffered due to abuse of dominant position by Portugal Telecom and ZON between 2002 and 2003, fined by the Portuguese (...)

The French Competition Authority launches a public consultation on commitments received in by a major operator in online gambling sector (PMU)
University Dublin College (UCD)
The French Competition Authority launched a public consultation on commitments it received from an operator in a dominant position on the online gambling market to split its online betting activities from those of its shop-betting network. Following a complaint from the Betclic Everest Group (...)

The EU Commission consults on commitments to license on FRAND terms regarding use of standard essential patents (Samsung SEPs)
Garrigues (Brussels)
Samsung offers commitments to appease DG Comp* The most important (antitrust-related) news last week was the European Commission’s announcement that it will market test a commitment proposal submitted by Samsung regarding the enforcement of its SEPs (Standard Essential Patents) related to (...)

A U.S. Court of Appeal dismisses claims of monopolization against leading software company based on an alleged refusal to deal (Microsoft)
Cornell University
In the antitrust equivalent of Jarndyce v Jarndyce from Charles Dickens’ Bleak House, the United States Court of Appeals for the Tenth Circuit dismissed Novell’s appeal of Novell of the District Court’s decision to enter judgment as a matter of law for the defendant in Novell’s long-standing case (...)

The U.S. Court of Appeals for the Ninth Circuit affirms the district court’s denial of class certification and the dismissal of complaint with prejudice (Sommers/Apple)
Orrick, Herrington & Sutcliffe (San Francisco)
If Your Allegations Don’t Establish a Price Effect, You May Lack Antitrust Standing* In Somers v. Apple, Inc., Case No. 11-16896 (9th Cir. Sept. 3, 2013), the Ninth Circuit affirmed the district court’s dismissal of a putative class action against Apple, Inc., alleging antitrust violations in (...)

The Turkish Competition Authority fines a telecom company, suspected of abusing its dominant position, for obstructing the inspection of its business premises during an ongoing investigation (TTNET)
Queen Mary University (London)
I. BACKGROUND TTNET is the Turkey’s largest broadband provider and a subsidiary of Turk Telekom Group. The Turkish Competition Authority (TCA) had started proceedings due to the complaints received against TTNET. These complaints focused on two main allegations. As such were, on the one hand, (...)

The European Commission carries out a market test of commitments in its investigation of online search service provider (Google)
Cleary Gottlieb Steen & Hamilton (Brussels)
The Google Commitments – Testing Substantive Theories Through Remedy Discussion* Over the last two months, the Commission has been market testing commitments that Google has offered to resolve the Commission’s pending investigation. Many have made thoughtful comments. But there has also been (...)

The European Commission begins market testing of commitments offered by the leading web search operator to address competition concerns (Google)
Van Bael & Bellis (Brussels)
On 25 April 2013, the Commission issued a press release announcing that it had begun market testing commitments offered by Google in relation to online search and search advertising. In its press release, the Commission stated that it continues to have concerns that Google may be abusing (...)

A US Court issues first analysis of an appropriate royalty that a patentee could obtain after promising to license its patent on reasonable and nondiscriminatory (RAND) terms (Microsoft / Motorola)
Rutgers University
On April 25, 2013, Judge James L. Robart of the U.S. District Court for the Western District of Washington offered the first analysis by a U.S. court of an appropriate royalty that a patentee could obtain after promising to license its patent on reasonable and nondiscriminatory (RAND) terms. (...)

The Swedish Court of Appeal endorses the EU Court of Justice’s finding of abuse of dominance in margin squeeze case (TeliaSonera)
Mircea & Partners (Bucharest)
I. Introduction On the 17 of February 2011 the Court of Justice of the European Union released its preliminary ruling in Case C-52/09 Konkurrensverket v TeliaSonera. At the origin of this litigation we could find an application for summons issued by Konkurrensverket on 21 December 2004. After (...)

The EU Commission receives a complaint alleging abuse of dominant position on the market for smartphone operating system (FairSearch/Google)
Garrigues (Brussels)
Some thoughts on the new anti-Google (Android) complaint* Some background to the complaint Back in April the FairSearch coalition in this case only two of its members Microsoft and Nokia lodged a complaint with DG Comp alleging: (a) that by giving Android to device-makers for “free” Google (...)

The Guangdong High Court rules against plaintiff in high-profile on-line abuse of dominance case (Qihoo / Tencent)
First Principles Economics (FPE)
On the 28th March 2013 the Guangdong High Court published their eagerly awaited decision regarding the abuse of dominance antitrust dispute between Qihoo 360 (Qihoo, the Plaintiff) and Tecent QQ (Tencent, the Defendant). The decision was over fifty thousand Chinese characters in length. This (...)

The Chinese Guangdong High People’s Court renders a judgment on the definition of relevant market in an alleged abuse of dominance case in the IT sector (Qihoo / Tencent)
Renmin University of China
I. Introduction 1. Beijing Qihoo Technology Co., Ltd. (hereinafter referred to “Qihoo”) is the copyright owner and operator of 360 safe software. Tencent Technology (Shenzhen) Co., Ltd., and Shenzhen Tencent Computer System Co., Ltd. (hereinafter referred to “Tencent”) are respectively the (...)

The European Commission fines one compagny €561 Million for breach of commitments (Microsoft)
European Commission
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Jones Day (Brussels)
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Jones Day (Brussels)
The European Commission has imposed an unprecedented €561 million ($730 million) fine on Microsoft, finding it broke its pledge to offer consumers a choice of how they access the Internet, rather than defaulting to Microsoft’s Explorer browser. This is the first time a company has been fined for (...)

The European Commission fines US software company €561 M for breach of commitments (Microsoft)
European Commission
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Jones Day (Brussels)
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Jones Day (Brussels)
The European Commission has imposed an unprecedented €561 million ($730 million) fine on Microsoft, finding it broke its pledge to offer consumers a choice of how they access the Internet, rather than defaulting to Microsoft’s Explorer browser. This is the first time a company has been fined for (...)

The European Commission imposes a fine for non-compliance with browser choice commitments (Microsoft)
European Commission
European Commission: Microsoft fined for Non-Compliance with Browser Choice Commitments* On 6 March 2013, the European Commission (the Commission) imposed a fine on Microsoft for failing to comply with binding commitments. According to those commitments, Microsoft had to display to Windows (...)

The French Competition Authority rejects complaint based on allegations of abuse of dominance on the market for online advertising (E-Kanopi)
Ashurst (Milan)
French Competition Authority dismisses E-Kanopi’s complaint against Google* On 4 March 2013 the French competition authority dismissed (only available in French) a complaint by E-Kanopi alleging that Google abused of its dominant position by seeking to force it out of the market in breach of (...)

The French Competition Authority sanctions a professional body and an association for exclusionary practices implemented in the sector of electronic transfer of tax and accounting data (French Association of Chartered Accountants)
Baker Botts (Brussels)
Following a complaint submitted in December 2010, the French Competition Authority (hereinafter the ’FCA’) adopted on 28 February 2013 a decision (hereinafter the ’Decision’) whereby it fined two bodies a total of €1,247,220 for an abuse of a dominant position in the sector of online transmission of (...)

The Spanish Competition Authority puts an end to infringement proceedings against hardware and software company suspected of refusal to supply (Oracle)
Hogan Lovells (Madrid)
The Spanish Competition Authority (Comisión Nacional de la Competencia, the CNC) put an end to the infringement proceedings S/354/11 Oracle (the Decision). These infringement proceedings were formally opened pursuant to a complaint by a competitor which considered that Oracle had committed an (...)

The US Federal Trade Commission closes its investigation and approves the voluntary commitment of an Internet search engine (Google)
Skadden, Arps, Slate, Meagher & Flom (Washington)
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Skadden, Arps, Slate, Meagher & Flom (Palo Alto)
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Skadden, Arps, Slate, Meagher & Flom (New York)
Thoughts On Google’s FTC Settlement Law360, New York (January 04, 2013, 4:42 PM ET) — On Jan. 3, 2013, the Federal Trade Commission ended its highly publicized and wide-ranging investigation into Google Inc.’s business practices with an enforcement action that has been described by some as a (...)

The US FTC announces proposed settlement concerning practices in online search and advertising (Google search)
Stanford University - Stanford Law School
U.S. Federal Trade Commission announces proposed settlement with Google* On 3 January 2013 the U.S. Federal Trade Commission (FTC) announced that Google Inc. has agreed to not seek injunctive relief against rivals using its essential patents. The FTC also announced that Google has altered its (...)

The EU Commission adopts decision rendering international news media agency’s commitments legally binding (Thomson Reuters)
Van Bael & Bellis (Brussels)
On 20 December 2012, the Commission announced that it had adopted a decision that renders legally binding the commitments offered by Thomson Reuters to create a new licence ("ERL") allowing customers, for a monthly fee, to use Reuters Instrument Codes (“RICs”) for data sourced from Thomson (...)

The French Competition Authority accepts commitments proposed by editor of printed and online directories and puts an end to its investigations in the market of sale of advertising space in those directories (PagesJaunes)
White & Case (Paris)
In a decision issued on November 22, 2012, the French Competition Authority (hereafter “the FCA”) accepted the commitments proposed by PagesJaunes SA, thereby putting an end to a procedure following complaints for abuse of dominant position, without imposing any fine. PagesJaunes is the leader (...)

The EU Commission sends SOs to software company regarding failure to comply with commitments relating to web browsers and identifies additional issues relating to release of new software (Microsoft)
Van Bael & Bellis (Brussels)
On 24 October 2012, the European Commission announced that it sent a Statement of Objections (“SO”) to Microsoft informing the company of the Commission’s preliminary view that Microsoft failed to comply with its commitments designed to enable users to more easily choose their preferred web (...)

The EU Commission opens proceedings against US software company to investigate possible non-compliance with browser choice commitments (Microsoft)
Van Bael & Bellis (Brussels)
On 17 July 2012, the Commission announced that it had opened proceedings against Microsoft in order to investigate whether the company has failed to comply with its 2009 commitments to offer users a choice screen that provides another means of allowing users to choose their preferred web (...)

The EU Commission announces new market testing of proposal by international news media agency regarding its licensing practices (Thomson Reuters)
Van Bael & Bellis (Brussels)
On 12 July 2012, the Commission announced that it was consulting interested third parties on a new proposal from Thomson Reuters to address concerns that its licensing practices in relation to Reuters Instrument Codes (RICs) may be in breach of Article 102 TFEU. The proposal is intended (...)

The EU General Court upholds a periodic penalty payment imposed by the Commission on an undertaking for failing to share adequate interoperability information (Microsoft)
Blackstone Chambers
“Imprecise legal concepts” are no excuse* The second chapter of the Microsoft saga unfolded on 27 June 2012, when the General Court largely upheld the €899 million periodic penalty payment imposed on Microsoft for failing to share adequate interoperability information with its competitors. (...)

The EU Competition Commissioner makes a statement on the progress of the on-going investigation into the alleged abuse of dominance in the search engine market (Google)
Ashurst (Milan)
Almunia offers Google settlement talks* Last 21 may 2012, Competition Commissioner Joaquin Almunia made a statement on the progress of the on-going investigation into Google’s alleged abuse of dominance in the search engine market, which the Commission was investigating since November 2010 (see (...)

The European Commission invites leading web search engine to submit remedies to address alleged abuse of dominance concerns (Google)
Van Bael & Bellis (Brussels)
On 21 May 2012, the Commission issued a press statement inviting Google to submit remedies to address four concerns it identified pursuant to the antitrust investigation it launched in November 2010 into a potential abuse by Google of its dominant market position. The Commission noted (...)

A US Court of Appeals reiterates that it is possible to monopolize a technology market (Apple / Samsung)
Orrick, Herrington & Sutcliffe (San Francisco)
Northern District of California Reiterates That You Can Monopolize a Technology Market* In Apple, Inc. v. Samsung Electronics Co., Ltd., Case No. 11-CV-01846 (N.D. Cal. May 14, 2012) (Koh, J.), a patent case, the court refused to dismiss Apple’s counterclaims, including a Sherman Act § 2 (...)

The Danish Competition Authority decides not to initiate any further investigation in a case of urging municipalities to sign contracts without initiating public tenders (KMD)
Danish Competition and Consumer Authority (Copenhagen)
The IT-company KMD’s strategy to urge municipalities to sign it-contracts with KMD and refrain from initiating public tenders* This case concerns whether the Danish IT-company KMD has breached section 11 in the Danish Competition Regulation and TEUF article 102 by pursuing a strategy to urge (...)

A Russian Commercial Appeal Court imposes a significant amend for a breach of competition on the market of domain name registration (Ru-Center)
Deloitte (Moscow)
On March 19, 2012 the 9th Commercial (Arbitrazh) Appeal Court of the Russian Federation issued a landmark antimonopoly case decision concerning distribution of domain names. The dispute concerned significant abuses of the organization entitled to manage Russian domain name system. As it was (...)

The Brussels Court of Appeal asks the EU Commission its opinion on the application of EU competition law regarding an alleged abuse of dominance in the IT sector (Kapitol / Magyar Telekom)
Liège University - IEJE
I. Facts Kapitol is a Belgian company. It offers European phonebooks services to its Belgian clients: they are available on both CD and DVD. In order to increase its offer, Kapitol wishes to have access to Magyar Telekom’s database in order to publish a Hungarian phonebook. Magyar Telekom is (...)

The European Commission announces the opening of proceedings in the market for the design of commercial control systems (The MathWorks)
Van Bael & Bellis (Brussels)
On 1 March 2012, the European Commission announced that it had opened a formal investigation to assess whether The MathWorks abused a dominant position under Article 102 TFEU in the market for the design of commercial control systems by preventing competitors from achieving (...)

The Paris Commercial Court finds that leading internet search company abused its dominant position on the maps market (Bottin Cartographes / Google)
Google (Paris)
Facts Is free an anticompetitive behavior? Bottin Cartographes, a French company which offers solutions to firms which want to integrate maps in their websites, realized that it was losing clients to Google. Its clients, which used to pay for the display on their pages of their location and (...)

The European Commission opens an investigation against south Korean producer of smart phones and tablet computers for abusive use of its essential patents for 3G mobile and wireless telecommunications system standard (Samsung)
Criterion Economics
The European Commission opens an antitrust investigation against Samsung Electronic* On January 31, the European Commission announced the opening of a formal antitrust investigation against Samsung Electronic, the South Korean producer of smartphones and tablet computers. The case concerns the (...)

The French Competition Authority rejects hardware supplier’s request for interim measures (Hewlett-Packard, Oracle)
Van Bael & Bellis (Brussels)
In a decision of 10 January 2012, the French Competition Authority rejected Hewlett-Packard’s request for interim measures against Oracle. This decision follows a complaint lodged by the Hewlett-Packard Company and Hewlett-Packard France (“HP”) alleging that the Oracle Corporation and Oracle (...)

The French Competition Authority declines to impose emergency measures but will continue to investigate on alleged practices in the markets for corporate servers and relational database management systems (RDBMS) (Hewlett-Packard / Oracle)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence declines to impose emergency measures against Oracle, but will continue to investigate the merits of Hewlett-Packard’s complaint*. Hewlett-Packard Company and Hewlett-Packard (...)

An Italian City Court rejects application for an injunction against the sale of the iPhone 4S (Samsung / Apple)
Ashurst (Milan)
Italian Court rejects Samsung’s request for injunction against Apple in Italy* On 5 January 2012 an Italian Court rejected Samsung’s request for an injunction against Apple in relation to the sale of the iPhone 4S in Italy. Samsung alleges that Apple is violating a number of its patents, which (...)

An Italian civil court rejects to dispose the delay of a new product launch for patent infringement claim and assumes a leading competitor’s abuse of dominant position as refusal to license (Samsung Italy/Apple Italy)
University Luiss Guido Carli - GRIF (Rome)
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University Luiss Guido Carli - GRIF (Rome)
The facts The rivalry between Samsung and Apple gave birth to a terrific number of disputes around the globe. One of the last chapters of this never ending saga took place in Milan when Samsung asked to the court a precautionary measure to stop the sale of the Apple smart-phone that supposedly (...)

The Competition Authority of Bosnia & Herzegovina finds an abuse of dominant position on the market for computer reservations systems (Amadeus)
University of Technology (Tallinn)
On 22 December 2011 Competition Authority of Bosnia & Herzegovina (KV) established that Amadeus BH d.o.o., the provider of the computer reservations system Amadeus used by the travel agencies for booking the airline tickets, has abused its dominant position on the relevant market by (...)

The EU Commission makes commitments legally binding to ensure competition in mainframe maintenance market (IBM)
Ashurst (Milan)
European Commission makes IBM’s commitments in the mainframe maintenance market legally binding* On 14 December 2011 the European Commission stated that it has made commitments offered by IBM Corporation in the mainframe maintenance market legally binding (see Newsletter 6/2011 p. 6, Newsletter (...)

The EU Commission market tests international multimedia news agency’s commitments on its licensing practices (Thomson Reuters)
Van Bael & Bellis (Brussels)
On 14 December 2011, the Commission announced that it was inviting comments on commitments offered by Thomson Reuters to address concerns that its licensing practices in relation to the Reuters Instrument Codes (“RICs”) may infringe Article 102 TFEU. RICs are codes that identify securities (...)

The European Commission adopts a commitment decision concerning the aftermarket for IT company mainframe maintenance (IBM)
European Commission - DG GROW
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Italian Competition Authority
An analysis of the IBM Commitment Decision concerning the aftermarket for IBM mainframe maintenance* The content of this article does not necessarily reflect the official position of the European Commission. Responsibility for the information and views expressed lies entirely with the (...)

The Chinese National Development and Reform Commission (NDRC) confirms investigation for abuse of dominance against two giant State-owned telecommunication operators (China Telecom, China Unicom)
King & Wood Mallesons (Beijing)
Earlier Rumor Confirmed: China Telecom and China Unicom under Antitrust Investigation* On November 9, 2011, an earlier rumor indicating that China Telecom is under antitrust investigation for alleged abuse of dominance in the broadband market was confirmed by the National Development and (...)

The Austrian Supreme Court of Justice brings a preliminary ruling before the ECJ on the application of Article 102 TFEU to the Austrian commercial register (Compass)
Saxinger Chalupsky & Partners (Brussels)
The Compass group (“Compass”), a private provider of business information, runs a database of all Austrian businesses registered in the Austrian commercial register, for which end users have to pay. Besides the information available in the Austrian commercial register, which is run by the (...)

The US FTC opens in-depth investigation for alleged antitrust violations in the online search market: A point of view (Google)
David A. Balto (Washington, DC)
Internet Search Competition: Where’s the Beef?* On [24] June 2011, Google announced that the FTC had opened an investigation of its search practices. This is an issue I have given considerable thought to. In an article I just released—Internet Search Competition: Where’s the Beef?—I explain (...)

The Japan Fair Trade Commission issues a cease and desist order against a company providing social networking service for mobile (DeNA)
Japan Fair Trade Commission (Tokyo)
Cease and Desist Order against DeNA Co., Ltd* The Japan Fair Trade Commission (JFTC) has investigated DeNA Co.,Ltd. (DeNA) in accordance with the provisions of the Antimonopoly Act (AMA) and found it to be in violation of Article 19 of the AMA (falling within Paragraph 14 [Interference with a (...)

A Chinese District Court rules for the plaintiff in unfair competition case relating the antivirus software industry (Tencent/Qihoo)
Cleary Gottlieb Steen & Hamilton (Hong Kong)
,
Norton Rose Fulbright (Brussels)
,
J.P. Morgan
This article is the winner of readers business awards of the 2012 Antitrust Writing Awards. Click here to learn more on the Antitrust Writing Awards. On April 26, 2011, Beijing Chaoyang District Court (the “Court”) ruled against Qihoo, the provider of 360 (a widely used antivirus software) and (...)

The EU Commission is called on to assess whether a company in the online search market has abused of its dominant position under Art. 102 TFEU (Microsoft, Google)
University of South Australia
Microsoft v. Google – Clash of the Titans* On Behalf of the Antitrust Community, A Big Thank You – Antitrust law professors should be grateful to Microsoft (hereafter, “MSFT”). As a repeat offender of the competition laws, MSFT has provided scholars with loads of research and educational material (...)

A US District Court dismisses claims on monopolization, unfair competition and fraud, since the plaintiff did not articulated a proper definition of the relevant market (Digital Sun / The Toro Company)
Sheppard Mullin (Los Angeles)
Federal Court Finds Allegations of “Bad Faith” in Sprinkler License Agreements to be “Vox Clamantis in Deserto”* On March 22, 2011, the United States District Court for the Northern District of California entered an order granting defendants The Toro Company’s ("Toro") motion to dismiss plaintiff (...)

A US district court rejects a proposed settlement in the digitized book search sector (Google Books Settlement)
University of Chicago - Law School
Moving Forward in Google Book Search* On Tuesday, after more than a year of silence, Judge Denny Chin rejected the proposed settlement in the Google book search case. The innovative settlement asked more than Rule 23 could deliver. In his words, the settlement “would simply go too far.” Others (...)

A US district court rejects settlement between online search provider and copyright owners in the digitized books sector (Google Books Settlement)
Garrigues (Brussels)
Google Books Settlement Rejected* Some of you will recall that roughly a year ago I wrote a post on the Google Books settlement (“Google Books Settlement: It’s the search market stupid!”) in which I argued that the only competitive problem, if any, posed by the amended settlement related to the (...)

A US District Court denies a motion to dismiss a fraudulent patent claim and allows standing to a direct purchaser of NAND flash memory (Ritz / SanDisk)
Sheppard Mullin (Los Angeles)
Expanded Standing, or “Back to Basics”? Flash Memory Direct Purchasers Found to Have Standing to Assert Walker Process Claims* In Ritz Camera & Image, LLC v. SanDisk Corporation, et al., United States District Court, ND Cal., Case No. 5:10-CV02787-JF/HRL, the court denied a motion to dismiss (...)

The Chinese State Council promulgates several policies to further encourage the development of software and integrated circuit industries
University of Melbourne
,
China Competition Bulletin (Beijing)
,
Institute of American Studies
The State Council promulgated the Several Policies on Further Encouraging the Development of the Software and Integrated Circuit Industries (the Policies) on 28 January 2011. According to the Policies, China will further regulate the orderliness of the software and integrated circuit (...)

The Italian Competition Authority accepts commitments proposed by the main IT operator closing the investigation for abuse of dominance on the online collecting advertisement market (Google Italy)
Criterion Economics
The Italian competition authority accepts Google’s commitments in the investigation concerning Google News in Italy* In January 2011, the Italian Competition Authority announced that it closed its investigation against Google Italy, for the alleged abuse of dominant position. The decision was (...)

The French Competition Auhtority issues an opinion concerning the dominant position of a search engine company in the market for online advertising (Google)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence considers that Google holds a dominant position on the advertising market linked to search engines. It considers that competition law can apply limits to Google’s actions and (...)

The European Commission investigates in depth competition concerns on the internet market as regards unfavourable treatment of competing services in unpaid and sponsored search results coupled with an alleged preferential placement of own services (Google)
Sheppard Mullin (Del Mar)
EC Investigates Google for Potential Abuse of Dominance in Online Search Market* In July 2010, Vice President of the European Commission (EC) responsible for competition policy, Mr. Joaquin Almunia, referred to the essential role that competition policy has in ensuring “market access and (...)

The European Commission opens in-depth investigation over alleged antitrust violations in on-line search market (Microsoft, Google)
Wolters Kluwer (Riverwoods)
Microsoft Files Antitrust Complaint with European Commission Against Google* Microsoft Corporation has filed a formal complaint with the European Commission (EC) against Google Inc. as part of the EC’s ongoing antitrust investigation into the search engine company. In a March 30 blog post, Brad (...)

The Chinese State Administration for Industry and Commerce (SAIC) receives requests for review in the internet industry (Baidu, Tencent)
AnJie Law (Beijing)
Market dominance and the Internet: new industry, new rules?* China’s biggest encyclopaedia website, Hudong.com, has requested an anti-monopoly review of Baidu, the leading Chinese internet search engine. Hudong.com is asking the State Administration for Industry and Commerce (SAIC) to fine (...)

The French Competition Authority accepts the commitments undertaken by a search engine company as regards possible exclusionary conduct on the market for online advertising (AdWords)
Ashurst (Milan)
French Competition Authority makes Google’s commitments in Navx case binding* On 28 October 2010, the French Autorité de la Concurrence (“FAC”) formally accepted and thereby made binding on Google a set of improved commitments (available only in French) which the FAC considered to properly address (...)

The French Competition Authority accepts commitments relating to online advertising service (Google AdWords)
Hewlett Packard (Boulogne-Billancourt)
In its decision n° 10-D-30 dated 28 October 2010, relating to practices implemented in the online advertising sector (relative à des pratiques dans le secteur de la publicité en ligne), the French Competition Authority (the «Competition Authority«) accepted the commitments offered by Google to solve (...)

The EU Commission declares that it would not open formal proceedings following the change of policies on restrictions on the development of apps for smartphone operating system and cross-border warranties (Apple’s iPhone)
Ashurst (Milan)
European Commission closes preliminary investigations into Apple’s iPhone policies* On 25 September 2010, the European Commission declared that it would not open formal proceedings against Apple, following Apple’s iPhone change of policies on restrictions on the development of applications (or (...)

The US FTC settles charges of anticompetitive conduct against manufacturer of computer chips (Intel)
Stanford University - Stanford Law School
FTC settles complaint against Intel* On 4 August 2010 the U.S. Federal Trade Commission (“FTC”) approved a settlement with Intel Corp. on charges that the company violated Section 5 of the FTC Act by engaging in unfair methods of competition and deceptive acts and practices in commerce, (...)

The US FTC settles the first significant antitrust enforcement action brought under section 5 of the FTC Act (Intel)
Skadden, Arps, Slate, Meagher & Flom (Washington)
,
Skadden, Arps, Slate, Meagher & Flom (Palo Alto)
On August 4, 2010, the Federal Trade Commission (FTC) announced that it entered into an agreement with Intel Corporation to resolve a much-hyped administrative complaint filed on December 16, 2009. The FTC’s complaint against Intel was filed under Section 5 of the FTC Act, shortly after the FTC (...)

The French Competition Authority launches a market test following a leading internet corporation commitments (Google)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
On 21 July 2010, the French Competition Authority published commitments offered by Google in an effort to resolve competition concerns identified by the Competition Authority in a decision of 30 June 2010. The 30 June decision granted interim measures to Navx, a company which sells online (...)

The European Commission recognises that due to their dynamics internet markets such as online search engines are characterized by innovative business models that are constantly evolving and therefore market dominance on the internet might be difficult to establish (Google)
Sheppard Mullin (Del Mar)
EC Investigates Google for Potential Abuse of Dominance in Online Search Market* In July 2010, Vice President of the European Commission (EC) responsible for competition policy, Mr. Joaquin Almunia, referred to the essential role that competition policy has in ensuring “market access and (...)

The French Competition Authority issues an interim decision opening an investigation to ascertain abuse of dominance by refusing to display advertising (Navx)
Ashurst (Milan)
Google under investigation in France for alleged abuse in the online advertising market* On 30 June 2010, the French Competition Authority (“FCA”) issued an interim decision opening an investigation to ascertain whether Google abused its dominant position, as well as Navx’s state of economic (...)

The French Competition Authority orders interim measures and assesses commitments to remedy antitrust concerns of abuse of dominance in the online advertising market (Google)
Jones Day (Paris)
Google offers commitments to get off the radar screen* A case involving Google confirms that the French Competition Authority is keen on using a combination of interim measures and commitment proceedings in order help it quickly resolve maters which it perceives as competition issues. This may (...)

The French Competition Authority imposes interim measures in order to ensure that a company providing advertising services, implements its content policy in an objective, transparent and non discriminatory manner (Navx / Google - AdWords)
White & Case (Paris)
Background On June, 30, 2010, following a complaint coupled with a request for interim measures lodged by Navx, the French National Competition Authority (thereafter “NCA”), by way of interim decision, ordered Google Ireland and Google Inc. (hereafter “Google”) to implement in an objective, (...)

The French Competition Authority grants interim measures regarding online advertising system (Navx - Google)
Simmons & Simmons (Paris)
,
Affinion International
In a decision dated 30 June 2010, the French Competition Authority (the "Competition Authority") has considered that Google had implemented the content policy of its AdWords service in a way that lacked objectivity and transparency and resulted in a discriminatory treatment of speed camera (...)

The Italian Competition Authority publishes commitments offered to put an end to an antitrust investigation under article 102 TFEU concerning use of newspaper content (Google)
Ashurst (Milan)
Google offers commitments to close investigation in Italy* On 14 May 2010, the Italian Competition Authority (“AGCM”) published the commitments (available on the AGCM website) offered by Google to put an end to an antitrust investigation of its Google News service under Article 102 TFEU (see (...)

A US District Court grants motion for summary judgment on claims of maintaining a monopoly in the operating systems market (Novell / Microsoft)
Stanford University - Stanford Law School
U.S. District Court dismisses Novell’s claims against Microsoft* On 30 March 2010 the U.S. District Court for the District of Maryland granted Microsoft’s motion for summary judgment on Novell’s claims that Microsoft violated U.S. antitrust laws by engaging in anti-competitive conduct in order to (...)

The EU General Court examines an appeal against a Commission decision in the chip manufacturing sector (Hynix Semiconductor)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
The details of two appeals lodged at the General Court (“GC”) by Hynix Semiconductor (“Hynix”) against two Commission decisions concerning US chip manufacturer Rambus were published in the Official Journal of 5 June 2010. In December 2009, the Commission issued a decision closing an investigation (...)

The Italian Competition Authority closes investigation into an online news aggregator service following commitments (Google)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
The Italian Competition Authority (“ICA”) has recently terminated an antitrust investigation into Google after accepting and making binding commitments offered by Google to resolve two concerns raised during the ICA’s investigation. The ICA’s investigation started in August 2009, when Google was (...)

The US FTC files complaint concerning harm of competition on the relevant central processing unit and graphics processing unit markets (Intel Corp.)
Stanford University - Stanford Law School
FTC files complaint against Intel Corp.* On 16 December 2009 the FTC issued an administrative complaint against Intel Corp. (“Intel”) claiming that Intel has violated Section 5 of the FTC Act through practices that harm competition in the relevant central processing unit (“CPU”) and graphics (...)

A Chinese Court issues second abuse of dominance’s decision under the new anti-monopoly law (Baidu,TRISC)
Jones Day (Beijing)
,
Jones Day (Beijing)
,
Winston & Strawn (New York)
On December 18, 2009, a Chinese court ruled in favor of Baidu, Inc. (“Baidu”), allegedly the largest Chinese search engine company, in a lawsuit filed by Tangshan Renren Information Service Company (“TRISC”), an online information platform. TRISC alleged that Baidu abused its dominant market (...)

The European Commission renders legally binding commitment offered by US software undertaking concerning web browsers (Microsoft)
European Commission - DG COMP
,
European Commission - DG COMP
,
FTI Consulting (Brussels)
"The Commission’s decision in the Microsoft Internet Explorer case and recent developments in the area of interoperability"* I. Commitment decision on the tying of Internet Explorer to Windows A. Introduction On 16 December 2009, the Commission adopted a commitment decision (‘the Decision’) (...)

The European Commission renders legally binding commitments offered by US software undertaking to lower memory chip royalty rates (Rambus)
European Commission - DG TRADE
,
European Parliament (Luxembourg)
"Patent ambush in standard-setting: the Commission accepts commitments from Rambus to lower memory chip royalty rates"* I. Introduction Standardisation involves competitors sitting around a table agreeing technical developments for their industry. Normally, antitrust rules do not allow (...)

The European Commission opens formal proceedings in the real-time market datafeeds sector (Thomson Reuters)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
On 10 November 2009, the Commission announced that it was opening formal antitrust proceedings against Thomson Reuters regarding its practices in the area of real-time market datafeeds. In particular, the Commission will investigate whether customers or competitors are prevented from (...)

The New York Attorney General files a complaint alleging that the leading microprocessors manufacturer violated Section 2 of the Sherman Act by engaging in a pattern of illegal conduct intended to maintain its monopoly power and profits in the market for x86 microprocessors (Intel)
University College London
On November 4, 2009, Andrew Cuomo, the Attorney General of New York (AG), filed a complaint in Delaware District Court alleging that Intel Corporation (Intel) violated Section 2 of the Sherman Act and corresponding state antitrust statutes by engaging in a pattern of illegal conduct intended to (...)

The European Commission market tests commitments proposed by a leading software company to address allegations of tying an internet browser (Microsoft)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
On 7 October 2009, the Commission announced that it was beginning a market test of commitments offered by Microsoft to address allegations that it tied its web browser Internet Explorer with its client PC operating system. The move follows the publication of a Statement of Objections earlier (...)

The US District Court of SDNY dismisses antitrust claims raised by a distributor of compatible mainframe computers produced by the plaintiff (IBM/T3 Technologies)
Stanford University - Stanford Law School
U.S. District Court dismisses T3’s antitrust claims against IBM* On 30 September 2009 the U.S. District Court of S.D.N.Y. granted in International Business Machines Corp. v. Platform Solutions, Inc. and T3 Technologies, Inc. (No. 06 Civ. 13565(LAK)) IBM’s motion for summary judgment on antitrust (...)

The European Commission holds a public hearing on the US settlement with class of authors and publishers (Google Books Settlement)
Ashurst (Milan)
European Commission holds public hearing on the “Google Books” US settlement* On 7 September 2009, the European Commission held an “information hearing” to establish the effect on the EU market of Google’s settlement with a US class of authors and publishers, which disputed steps taken by the (...)

The Portuguese Competition Authority adopts landmark decision concerning an abuse of dominant position case in the Internet broadband access markets (PT and ZON)
Luís Silva Morais & Associados
In the beginning of September, 2009, the Portuguese Competition Authority (hereinafter, ’ADC’) has adopted a decision concerning an important case of abuse of dominant position in the wholesale and retail markets for internet broadband access. This decision confirms the special attention that the (...)

The Italian Competition Authority investigates alleged abuse of dominance in the market for online advertising (FIEG / Google)
Ashurst (Milan)
Italian Competition Authority investigates Google’s alleged abuse in the market for online advertising* On 26 August 2009, the Italian Competition Authority opened an investigation (see also press release of 27 August 2009) to determine whether Google is abusing its dominant position in online (...)

The Italian Competition Authority starts investigation against the main IT operator for abuse of dominance on the online collecting advertisement market (Google Italy)
Codacons
Google Italy is an Italian company belonging to the US Google Group INC. It is active world-wide and it is the most popular engine search. Among others, Google provides also "Google News" and it gains the majority of its turnover from the collection and intermediation of advertisement on line . (...)

The Italian Competition Authority starts a proceedings against Google Italy for an alleged abuse of dominant position against Italian newspaper and magazines editors (Federazione Italiana Editori Giornali/Google Italy)
University Luiss Guido Carli - GRIF (Rome)
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University Luiss Guido Carli - GRIF (Rome)
On the 26th August 2009 the Italian Competition Authority (the ICA) decided to start a proceedings against GOOGLE Italy (the Italian branch of the GOOGLE Group) for alleged infringement of article 82 of the EU Treaty (abuse of dominant position). The proceedings follows a complaint by the (...)

The Austrian Supreme Court does not automatically equate cartel law infringements with unfair competition law infringements (Law firm software)
Salzburg University
On 14 July, 2009, the Austrian Supreme Court ruled that cartel law infringements do not automatically qualify as unfair commercial practices under the Austrian Act against Unfair Competition. Background The plaintiff, a small-sized Austrian law firm software provider, brought an action for an (...)

The EU Commission publishes a non-confidential version of its decision on abuse of dominance in the x86 CPU market (Intel)
Ashurst (Milan)
Commission publishes non-confidential version of its decision on Intel’s abuse of dominance in the x86 CPU market* On 21 September 2009, the Commission published a non-confidential version of its Intel decision, adopted on 13 May 2009, together with a summary of the key elements of the (...)

The European Commission fines a leading computer manufacturer for abuse of its dominant position (Intel)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
On 21 September 2009, the Commission published the non-confidential version of the Intel decision of 13 May 2009, and a summary of the decision was also published in the Official Journal of 22 September 2009. The materials confirm that the Commission has challenged two specific practices: (i) (...)

The European Commission fines a US semiconductor chip manufacturer for abuse of a dominant position (Intel)
European Commission - DG COMP
,
European Commission - DG COMP
,
European Commission - DG COMP
"Commission finds abuse of dominance in the Intel case"* I. Introduction On 13 May 2009, the European Commission concluded its Intel investigation by way of a formal Decision. The Commission found that Intel had abused its dominant position in x86 Central Processing Units (CPUs) by engaging (...)

The German Federal Court of Justice rules on antitrust defense to infringement of standards-related patents on the market for writeable optical media (Orange Book)
Ashurst (Milan)
German Federal Court of Justice rules on antitrust defense to infringement of standards-related patents* On 6 May 2009 the German Federal Court of Justice handed down a landmark judgment (KZR 39/06 – Orange-Book-Standard) concerning the use of the competition law defense regarding compulsory (...)

The French Competition Authority accepts the commitments made by the telecommunications incumbent to address competitions concerns about the marketing of its wholesale broadband offers (Mediaserv / France Télécom)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Marketing of wholesale broadband offers: France Télécom makes commitments before the Autorité de la concurrence, designed to improve the quality of services provided to third-party operators in France’s overseas (...)

The European Commission removes the trustee provisions from a 2004 decision (Microsoft)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
On 4 March 2009, the Commission announced that it had adopted a Decision removing the Trustee provisions from the 2004 Microsoft Decision and repealed the subsequent 2005 Trustee Decision which was adopted on the basis of the 2004 Decision. According to the Commission, it found that the Trustee (...)

The European Commission confirms sending new statement of objections against a leading software company (Microsoft)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
The Commission has issued a press release confirming that it has sent a new Statement of Objections to Microsoft on 15th January 2009 which takes the preliminary view that Microsoft has tied its web browser Internet Explorer to Windows in violation of Article 82 EC. According to the (...)

The Korean Fair Trade Commission plans to strenghten enforcement against abuse of intellectual property rights by IT and pharmaceutical companies
Jones Day (Beijing)
,
Winston & Strawn (New York)
,
Jones Day (Tokyo)
On December 18, 2008, the primary competition law agency of Korea, the Korea Fair Trade Commission (« KFTC »), submitted to the President of Korea the KFTC’s business plan for 2009. Among other priorities, the KFTC stated that it plans to « strengthen enforcement against abuse of intellectual (...)

The ECJ Advocate General Mazák proposes the setting aside of the CFI’s judgment in an abuse of dominant position case in the telecommunication sector (France Télécom)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
On 25 September 2008, Advocate General Mazák issued his opinion in France Télécom‘s appeal of the judgment of the Court of First Instance (CFI). This judgment upheld a Commission decision which concluded that France Télécom had abused its dominant position on the French market for high-speed Internet (...)

The European Commission sents a supplementary statement of objections to a leading computer manufacturer (Intel)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
On 17 July 2008, the Commission confirmed that it sent a supplementary Statement of Objections to Intel. This supplementary SO is said to reinforce the initial SO and also identify the Commission’s preliminary conclusion that Intel has engaged in three additional elements of abusive conduct. (...)

A US Court of Appeals sets aside FTC’s order holding that the Agency failed to prove antitrust violation in the computer memory industry (Rambus)
Skadden, Arps, Slate, Meagher & Flom (Washington)
,
Skadden, Arps, Slate, Meagher & Flom (New York)
On April 22, 2008, the U.S. Court of Appeals for the District of Columbia Circuit held in Rambus Inc. v. FTC, No. 07-1086, that the FTC failed to prove that Rambus Inc. violated antitrust law when it participated in a trade organization’s setting of industry technology standards without (...)

A US Court of Appeals overturns an FTC’s ruling in the computer memory market for failing to prove unlawful monopolization (Rambus)
Akin Gump Strauss Hauer & Feld (Washington)
,
Winston & Strawn (New York)
,
Winston & Strawn (New York)
The Court of Appeals for the District of Columbia Circuit has overturned the Federal Trade Commission’s ruling against Rambus, Inc. (“Rambus”), finding that the Commission did not prove that Rambus’s failure to disclose certain intellectual property interests to a standard-setting organization (...)

The European Commission imposes penalty payment of € 899 M for alleged non-compliance with a 2004 decision (Microsoft)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
On 27 February 2008, the Commission announced that it had imposed a penalty payment of € 899 million on Microsoft for its alleged failure to comply with obligations contained in the Commission’s March 2004 decision. In particular, the Commission stated that Microsoft had charged unreasonable (...)

The Polish Competition Authority fines the largest telecom operator a record fine of € 20 M for abusing its dominant position on the Internet access market (Telekomunikacja Polska)
Allen & Overy (Warsaw)
On 20 December 2007 the President of the Polish Office for Competition and Consumer Protection (OCCP) issued a decision imposing a fine of PLN 75 million (approximately EUR 20 million) on Telekomunikacja Polska S.A. (TPSA), the incumbent telecom operator in Poland, for abusing its dominant (...)

The Turkish Competition Board rejects a consumer complaint alleging restriction of competition on the market for PC operating systems and application software (Duzgit v HP, Teknosa and Penta)
University of Leeds
On 8 November 2007 the Turkish Competition Board (TCB) rejected a complaint by a consumer alleging the restriction of competition on the Turkish market for PC Operating Systems (OSs) and application software. The complainant had alleged that the consumer’s request to install another OS onto the (...)

The European Court of First Instance, in upholding the Commission’s decision on abuse of dominant position of the PC operating systems, turns back the clock (Microsoft)
Linklaters (London)
,
University of Cambridge
Overview In its 2004 decision, the Commission concluded that Microsoft had committed two types of abuse which where both related to the dominant position which it held through Microsoft Windows in the PC operating systems market: first, the Commission held that Microsoft had failed to supply (...)

The European Court of First Instance partially upholds the Commission’s decision concerning an abuse of a dominant position in the PC operating system (Microsoft)
European Commission - DG COMP
,
FTI Consulting (Brussels)
,
Belgian Competition Authority (Brussels)
"The judgment of the Court of First Instance in the Microsoft case"* I. The 2004 Decision On 24 March 2004, the Commission adopted a decision pursuant to Article 82 EC concluding that Microsoft had abused its dominant position in the PC operating system market by (i) refusing to provide (...)

The Turkish Competition Authority condemns the use of a software database encryption as an abuse of dominance (Bilsa)
University of Sussex
This study focuses on the decision of the Turkish Competition Authority (“TCA”) regarding Bilsa, who was found to have abused its dominant position on the market for school management software by the use of a software database encryption which made the user schools dependent to Bilsa’s products (...)

The Paris Court of Appeal rules that cybersquatting infringes free competition principle (Hôtels Méridiens)
Aklea
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A Turquoise (Paris)
,
Gordon S. Blair Law Offices
A cybersquatting case having given rise to a litigation between Hôtels Méridiens and a company providing Internet domain names (thereinafter “The Online Player” or “The OP”) gave the Paris Court of Appeal a new opportunity to render a judgement concerning the necessary complementary nature of the (...)

The Belgian Competition Council orders an ICT company to disclose proprietary information over its electronic network (CRM/Portima)
University of South Australia
,
Unibet (London)
I. Parties Portima is an ICT company which provides electronic network and software services to insurance companies and brokers. Computer Ressource management (“CRM”) is a rival company which develops secured information exchange softwares for insurance companies and brokers. II. Facts (...)

The Cyprus Competition Authority dismisses a complaint filed by a consumer against the Cyprus Telecommunications Authority for abuse of dominance on the Internet services market (Philippides/CYTA)
International Transport Forum
On 26 June 2006 the Cyprus Commission for the Protection of Competition (C.P.C.) dismissed a complaint filed by Mr. Alexis Philippides, a consumer and client of the Cyprus Telecommunications Authority (CYTA), against the latter for abuse of dominance in the market of Internet connection (...)

The Lithuanian Competition Authority fines the former telecom incumbent for margin squeeze limiting access to ADSL broadband internet access service (Teo)
Lithuanian Competition Council
On 5 October 2006 the Lithuanian Competition Council (CC) issued a decision establishing a fine of LTL 3,011,000 (approx. EUR 872,046) on TEO LT, AB (TEO) for the abuse of a dominant position prohibited by Article 9 of the Law on Competition. This was the third time that TEO, a former telecom (...)

A US District Court dismisses antitrust claims arising from an allegation of foreign related conduct that affected the plaintiff’s foreign sales (AMD / Intel)
Sheppard Mullin (San Francisco)
Court dismisses AMD’s “foreign commerce claims” against Intel for lack of subject matter jurisdiction and standing* In a recent opinion, the District Court for the District of Delaware dismissed AMD’s antitrust claims against Intel that arose out of Intel’s alleged foreign-related conduct that (...)

The Hungarian Competition Office establishes that the telecom incumbent abusively used of its dominant position on the ADSL Internet market (Magyar Telekom)
Hogan Lovells
,
In its decision of 5 September 2006 the Hungarian Competition Office established that the practice adopted by Hungarian Telekom for ADSL-modem removal infringed Article 21 (a) of the Hungarian Competition Act - the equivalent provision to Article 82 of the EC Treaty. Hungarian Telekom, which (...)

The European Commission imposes a penalty payment pursuant to Article 24(2) of Regulation 1/2003 (Microsoft)
European Commission - DG COMP
,
European Commission - DG COMP
,
European Parliament (Brussels)
"Commission imposes a penalty payment pursuant to Article 24(2) of Regulation 1/2003 on Microsoft"* 1. Introduction On 12 July 2006 the Commission adopted a decision to levy a penalty payment of EUR 280.5 million on Microsoft for continued non compliance with the Commission Decision of 24 (...)

The Cyprus Competition Authority dismisses a complaint filed by a consumer for abuse of dominance on the Internet services market (Philipilides / Cyprus Telecommunications Authority)
International Transport Forum
On 26 June 2006 the Cyprus Commission for the Protection of Competition (C.P.C.) dismissed a complaint filed by Mr. Alexis Philippides, a consumer and client of the Cyprus Telecommunications Authority (CYTA), against the latter for abuse of dominance in the market of Internet connection (...)

A US Court of Appeals confirms the dismissal of antitrust claims related to an alleged loss of competitive technologies being deemed so diffuse that it could not possibly be adequately measured (Kloth / Microsoft)
Sheppard Mullin (San Francisco)
Indirect Purchaser and Remoteness Doctrines Barred Antitrust Claims Against Microsoft by End-User Software Licensees* A question arising from end-user license agreements ("EULAs"), which accompany applications software programs that have been preinstalled on personal computers, is whether they (...)

The Slovak Competition Authority fines telecommunications company for margin squeezing in virtual private network market (Slovak Telecom)
Norton Rose Fulbright (London)
,
Rentsch Legal
Slovak Telecom (“ST”) was fined SKK 80,000,000 for margin squeezing in the Virtual Private Network services (VPN) market due to its dominant position in the upstream leased private lines market in which it had no competitors. The decision was based on ST’s practice in one particular tender for VPN (...)

The Cypriot Competition Authority imposes a fine for price squeezing and excessive pricing on the Internet services market (CYTA)
International Transport Forum
On 30 May 2005 the Cypriot Commission for the Protection of Competition (hereinafter C.P.C.) ended its own initiative investigation of the Cyprus Telecommunications Authority (hereinafter CYTA) by unanimously finding CYTA liable for abuse of its dominant position in the market for the provision (...)

The European Court of First Instance rejects US software company’s request for interim measures (Microsoft)
European Commission - DG COMP
,
European Commission - DG COMP
,
European Commission - DG COMP
"The Court of First Instance rejects Microsoft’s request for interim measures concerning the Commission’s decision of 24 March 2004"* 1. The decision On March 24 2004, the Commission adopted a decision in Case COMP/C-3/37.792 — Microsoft — by which it concluded that Microsoft had abused its (...)

The French Competition Authority dismisses a complaint regarding alleged anticompetitive practices in the sectors for Internet music downloads and digital walkmans (Apple Computer France)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Internet music downloads - The Conseil dismisses VirginMega’s complaint against Apple, due to insufficient evidence in view of the case elements available.* On 28th June 2004, the Conseil de la concurrence (...)

The European Commission adopts a decision in a case concerning the abuse of a dominant position by a leading US provider in the PC operating systems (Microsoft)
European Commission - DG COMP
,
European Commission - DG COMP
,
Ocean Breeze GmbH & Co
"Commission adopts Decision in the Microsoft case"* 1. Introduction On March 24 2004, the Commission concluded its Microsoft investigation by way of a formal Decision. This brought to an end proceedings which had lasted just over five years. The Commission found that Microsoft had abused its (...)

The European Commission condemns leading US software company for abuse of a dominant position in the market for client PC operating systems, ordering to grant compulsory license to competitor (Microsoft, Sun Microsystems)
White & Case (Brussels)
This article analyses the three major recent cases dealing with the boundary between EC competition law and intellectual property rights: the Commission’s interim measures decision in the IMS case, the European Court of Justice’s later judgment in IMS and, finally, the Commission’s decision in the (...)

The EU Commission adopts a decision under Article 82 against French internet provider’s pricing policy for ADSL services (Wanadoo)
Sheppard Mullin (Brussels)
,
French Ministry of Economic, Industrial and Numerical Affairs
"Two Commission decisions on price abuse in the telecommunications sector"* During the first half of the year 2003, the Commission adopted two formal prohibition decisions pursuant to Article 82 EC-Treaty regarding abusive pricing for the provision of telecommunications services. Those are the (...)

The French Competition Authority ends ban on ADSL packs provided by telecom incumbent (Wanadoo eXtense)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. High-speed ADSL Internet access : the Conseil de la concurrence lifts the suspension on sales of Wanadoo "eXtense" packs in France Télécom outlets* In a decision dated 19th July 2002, the Conseil lifted the (...)

The European Commission closes probe into computers manufacturer’s licensing terms for speech recognition engines (IBM)
European Commission - DG COMP
"Commission closes probe into IBM’s licensing terms for speech recognition engines"* In June 2002, the European Commission decided to close an investigation triggered by a complaint from UK voice recognition software company, AllVoice Computing plc, against IBM Corp., after the latter agreed to (...)

The European Commission accepts formal commitments from Israeli-based producer of firewall and virtual private network (VPN) software regarding its distribution practices (Checkpoint)
European Commission - DG COMP
"Commission accepts formal undertaking from Check Point regarding its distribution practices"* In June 2001, the Commission received a complaint from Stonesoft Corporation, a Finnish software company, against Check Point Software Technologies, an Israeli-based producer of firewall and virtual (...)

The French Competition Authority grants interim measures in the ADSL line sector (France Télécom)
French Competition Authority (Paris)
Press release published on the official website of the French Competition Authority. High-speed Internet access via ADSL : the Conseil de la concurrence orders France Télécom to suspend sales of eXtense packs in its outlets* Following a referral by the company T-Online, an Internet service (...)

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