MFC clause

Anticompetitive practices

The Turkish Competition Board concludes its preliminary investigation into possible abusive pricing policies in the furnishing sector (Doğtaş Kelebek Mobilya / Yataş Yorgan ve Yatak)
ELIG Gürkaynak (Istanbul)
Introduction On January 9 2018 the Competition Board published a reasoned decision dated September 27 2017 (17-30/487-211) following its preliminary investigation into allegations by Doğtaş Kelebek Mobilya San ve Tic AŞ that Yataş Yorgan ve Yatak San ve Tic AŞ had violated Article 4 of Law 4054 on (...)

The Turkish Competition Board updates its guidelines on vertical agreements
Erdem & Erdem (Istanbul)
Introduction A number of studies have been undertaken in order to revise the Guideline on Vertical Agreements ("Vertical Guideline") in line with the developments in the European Union legislation, as well as to address the needs in the relevant sectors. Following the workshop that was held on (...)

The Turkish Competition Board publishes a decision following its preliminary investigation on alleged restrictive practices by an undertaking and its retailers in a wide range of sectors (Doğtaş Kelebek Mobilya / Yataş Yorgan ve Yatak San ve)
ELIG Gürkaynak (Istanbul)
Introduction On January 9 2018 the Competition Board published a reasoned decision dated September 27 2017
( 1 7-30/487-211) following its preliminary investigation into allegations by Doğtaş Kelebek Mobilya San ve Tic AŞ that Yataş Yorgan ve Yatak San ve Tic AŞ had violated Article 4 of Law 4054 on (...)

The Spanish Competition Authority closes abuse of dominance proceedings by means of a commitments decision against a pharmaceutical company (IMS Health)
Callol, Coca & Asociados (Madrid)
On 13 July 2017, the NMCC closed the Article 102 TFEU and Article 2 of the Spanish Competition Act (Competition Act) proceedings related to the supply of pharmaceutical marketing data to IMS Health (IMS) by means of a commitments decision. The NMCC initiated the investigation, as a result of (...)

The EU Commission accepts commitments to remove most favoured nation clauses from e-book distribution agreements (Amazon)
Van Bael & Bellis (Brussels)
On 4 May 2017, the European Commission (“Commission”) announced that it had accepted, pursuant to Article 9 of Regulation (EC) No.1/2003, to make binding commitments that Amazon offered ending the use of parity clauses in distribution agreements with electronic book (“e-book”) publishers. These (...)

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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Cleary Gottlieb Steen & Hamilton (London)
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 EU Commission seeks feedback on commitments proposed by an electronic commerce company in e-book investigation (Amazon)
DG COMP (Brussels)
Antitrust: Commission seeks feedback on commitments offered by Amazon in e-book investigation* The European Commission is inviting comments on commitments offered by Amazon to address competition concerns relating to parity clauses in contracts with publishers. The clauses may breach EU (...)

The Turkish Competition Board concludes its investigation against an online booking platform (Booking.com)
Erdem & Erdem (Istanbul)
Introduction The Competition Board (“Board”) concluded its investigation with regard to the booking services provided by Booking.com B.V. (“Booking.com”) and by Bookingdotcom Destek Hizmetleri Limited Liability Company. During its investigation, the Board has evaluated whether Articles 4 and 6 of (...)

The Belgian Competition Authority closes its investigation regarding a real estate website due to remedies offered by the undertaking (Immoweb)
Belgian Competition Authority (Brussels)
The Investigation and Prosecution Service of the Belgian Competition Authority has closed its investigation against Immoweb due to commitments offered by Immoweb* On January 30 2015, the Investigation and Prosecution Service opened an ex officio investigation against Immoweb, the company (...)

The EU Commission publishes initial findings of e-commerce sector inquiry report
Bydgoszcz University of Technology and Life Sciences (UOKIK)
On 15 September 2016, the European Commission published a preliminary report on its initial findings in the e-commerce sector inquiry, aimed at identifying business practices in the sector that might restrict competition and limit consumer choice. This development follows the Commission’s report (...)

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 UK Competition Authority closes its hotel online booking investigation (Booking.com)
British Competition Authority - CMA (London)
CMA closes hotel online booking investigation* The CMA today announced that it has closed an investigation into suspected breaches of competition law in the hotel online booking sector. The investigation was launched by the Competition and Markets Authority’s (CMA) predecessor, the Office of (...)

The US Court of Appeals for the 2nd Circuit reaffirms the principle that even vertical agreements that seem lawful in the abstract can, viewed in context, evidence a horizontal cartel (Apple)
Patterson Belknap Webb & Tyler (New York)
Second Circuit Affirms Ruling Against Apple in E-book Price-Fixing Case* We have previously posted about United States v. Apple, Inc., a blockbuster trial that ended with Judge Denise Cote of the Southern District of New York concluding that Apple had conspired with five publishing companies (...)

The US Court of Appeals for the 2nd Circuit affirms ruling condemning masterminding the creation, organization and implementation of a conspiracy by five ebook publishers (Apple)
Sheppard Mullin (San Francisco)
The Second Circuit’s Apple Ebooks Opinion* The Second Circuit affirmed the district court and held, 2 to 1, that defendant Apple Inc. had violated Section 1 by masterminding the creation, organization and implementation of a conspiracy by five publishers of ebooks that benefited Apple, as Apple (...)

The EU Commission opens an investigation on e-book’s distribution agreements concluded between several publishers and an electronic commerce company (Amazon)
DG COMP (Brussels)
Commission opens formal investigation into Amazon’s e-book distribution arrangements* The European Commission has opened a formal antitrust investigation into certain business practices by Amazon in the distribution of electronic books ("e-books"). The Commission will in particular investigate (...)

European Competition Authorities adopt decisions on Most Favoured Nation clauses and rebate schemes that are relevant and applicable in the context of ASEAN competition law (Booking.com / Post Danmark)
Rajah & Tann (Singapore)
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Rajah & Tann (Singapore)
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McCarter & English (Washington)
Introduction As we move into the second half of the year, we examine two recent competition enforcement cases in Europe, and consider their relevance and applicability in the context of ASEAN competition law. Specifically, we discuss the position taken in Europe with regards to Most Favoured (...)

The Italian Competition Authority renders legally binding the commitments proposed by an online hotel booking company (Booking.com)
Italian Competition Authority (Rome)
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 Italian Competition Authority issues a commitment decision and closes an investigation regarding contracts concluded between online booking websites and their partner hotels (Online Hotel Reservation)
Desogus Law Office (Cagliari)
By a commitment decision made on 21 April 2015 in the Mercato dei Servizi Turistici-Prenotazione Alberghiere Online case (thereinfter Online Hotel Reservation) the Italian Competition Authority (ICA) has closed an Article 101 TFEU investigation against Booking. The ICA has launched the (...)

The US District Court for the Southern District of New York approves a settlement which comprises three different scenarios in a cartel case in the e-books sector (Apple e-books)
DLA Piper Weiss-Tessbach (Vienna)
Apple e-books settlement gets final court approval* On 21 November 2014 US District Judge Denise Cote gave her final approval to a settlement of the Apple e-book class action. The class action against Apple arose from allegations that Apple and five publishers conspired on the publishing (...)

A US District Court receives notification that the class plaintiffs, state plaintiffs and the defendant have reached an agreement concerning the lawsuit in the e-books prices fixing case (Apple)
DLA Piper Weiss-Tessbach (Vienna)
Apple settles with U.S. states and consumers in the e-books price fixing case* According to documents filed in a New York court on 16 June 2014, Apple has reached an agreement in principle with state governments and consumers who filed a class-action lawsuit in the e-books price fixing case (...)

The Italian Competition Authority initiates antitrust proceedings concerning use of most favored nation clauses in the online hotel reservations space (Booking.com / Expedia)
Ashurst (Milan)
Italian competition authority investigates online hotel bookings* On 7 May 2014, the Italian Competition Authority (“Agcm”) initiated proceedings (decision only available in Italian) against Booking.com and Expedia in the online hotel reservations space. This is yet another case in the wake of (...)

The Italian Competition Authority opens an article 101 TFEU enquiry focused on the most favoured nation clauses (Hotel Online Reservation)
Desogus Law Office (Cagliari)
In the Online Hotel Reservation case the Italian Competition Authority (ICA) has launched an Article 101 TFEU investigation into contracts entered by two major online travel agencies (OTA), Expedia and Booking, with their partner hotels. More precisely, the ICA investigation will focus on the (...)

The Italian Competition Authority launches an investigation for alleged vertical agreements entered into with their partner hotels in violation of Article 101(1) TFEU (Booking.com / Expedia)
NCTM - Studio Legale Associato (Milan)
On 7 May 2014, the Italian Competition Authority (Autorità Garante della Concorrenza e del Mercato, the “Authority”) launched an investigation against Booking.com BV (hereinafter, “Booking”), Booking.com (Italia) S.r.l., Expedia Inc. (hereinafter, “Expedia”), and Expedia Italy S.r.l. for alleged (...)

The Canadian Competition Tribunal suspends a settlement entered into by the Competition Bureau with ebook publishers related to a price MFN clause (Kobo)
Cassels Brock (Toronto)
The Ebooks Saga: Kobo’s challenge explained* Ebook retailer Kobo is challenging a settlement entered into by the Competition Bureau with ebook publishers. The settlement has been stayed pending this challenge. Kobo’s challenge may have major implications for competition law enforcement in (...)

The Canadian Competition Tribunal suspends the registration of the consent agreement between the Commissioner of Competition and a number of e-books publishers until the determination of the application to rescind or amend this agreement (Kobo)
Cassels Brock (Toronto)
Kobo Obtains Stay of Ebooks Settlement* The ebooks settlement reached between the Competition Bureau and four major ebook publishers has been stayed pending the determination of a challenge brought by ebook retailer Kobo Inc. to the settlement. Kobo argues that its contracts with the four (...)

The US District Court of Dallas dismisses antitrust claims because plaintiffs did not plausibly state an agreement on the market for direct online sale of hotel room reservations leaving the question of potential anticompetitive effect of the most favored nation (MFN) clause without an answer (OTC / Hotel Booking)
University of Michigan
OTA Case Turns Out to Be Less about MFNs and More about Agreement* Back in September 2012, the potential anticompetitive aspects of most favored nation (MFN) clauses was the hot antitrust topic. While antitrust counselors (and courts) had found the clauses to be innocuous almost all the time, (...)

The US District Court of Dallas dismisses a class action lawsuit filed by an online travel discount company against 12 dominant hotel chains and 9 online travel agencies alledging unfair exclusion from the market (OTC / Hotel Booking)
Ashurst (Milan)
U.S. District Judge in Texas dismisses class action lawsuit against conspiracy by online travel agencies and hotels to fix the price of hotel rooms* On 18 February 2014, U.S. District Judge Jane Boyle of the Northern District of Texas Dallas Division dismissed a class action lawsuit that (...)

The UK OFT opens consultation on the revised commitments proposed by online travel agencies (Booking.com / Expedia)
Ashurst (Milan)
UK OFT weighs revised commitments in the online hotel accommodation bookings* On 20 December 2013, the United Kingdom’s Office of Fair Trading (“OFT”) opened a consultation on the revised commitments proposed by Booking.com B.V. (“Booking.com”), Expedia Inc (“Expedia”) and InterContinental Hotels (...)

The German Competition Authority issues a press release concerning its decision to prohibit the hotel booking portal from continuing to apply its “best price” clause (HRS / Expedia / Booking.com)
Ashurst (Milan)
German Federal Cartel Office bans use of MFN clauses by HRS and opens new proceedings against Booking.com and Expedia* On 20 December 2013, Germany’s Federal Cartel Office (“FCO”) issued a press release concerning its decision to prohibit the hotel booking portal HRS from continuing to apply its (...)

The US Senate’s Subcommittee on Antitrust, Competition Policy and Consumer Rights holds cartel related hearings
Steve Szentesi Law Corporation (Vancouver)
New Publications: DoJ & FTC Testimony Posted from Antitrust Subcommittee Hearings* The Americans are not ones to pussy foot around when it comes to economic crime. Yesterday, the U.S. Senate’s Subcommittee on Antitrust, Competition Policy and Consumer Rights held cartel related hearings (...)

The ECN Working Group on Competition Law gathers in Bonn to discuss matters related to vertical restraints in the internet economy
German Competition Authority (Bonn)
Vertical Restraints in the Internet Economy - Meeting of the Working Group on Competition Law in Bonn* Bonn, 14 October 2013: On 10 October 2013 the Working Group on Competition Law met in Bonn at the invitation of the Bundeskartellamt. At this year’s meeting more than 100 competition law (...)

The US District Court for the Southern District of New York establishes collusion to eliminate retail price competition for e-books and imposes restrictions on deals with publishers for the next five years (Apple)
DLA Piper Weiss-Tessbach (Vienna)
U.S. District Court rules Apple colluded on E-Book Prices* On 10 July 2013 the District Court in Manhattan ruled in United States v. Apple Inc., et al that Apple conspired with five major publishers to raise prices on e-books. The publishers settled and denied any wrongdoing. However, the case (...)

The UK OFT issues draft commitments in an investigation into the sector for hotel online booking (IHG / Expedia / Booking.com)
Accenture (Dublin)
Hotel Online Booking: The OFT announces its intention to accept binding commitments* On 9 August 2013, the OFT issued draft commitments in the Hotel Online Booking investigation. The OFT has investigated the relevant markets for over 2 years and has provisionally found that certain hotels (...)

The Israeli Antitrust General Director applies a "Self Assessment" regime on non-horizontal restrictive arrangements
Eshel, Ashlagi, Rozent Law Offices (Tel Aviv)
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Eshel, Ashlagi, Rozent Law Offices (Tel Aviv)
Introduction On July 25, 2013, the Restrictive Trade Practices General Director (the "General Director") issued a new block exemption - the Restrictive Trade Practices Rules (Block Exemption for Non-Horizontal Arrangements which do not Include Certain Price Restrictions), 2013 (the "Block (...)

The US Southern District of New York holds that antitrust plaintiffs need not show that conspiracy is the sole inference from the evidence (Apple)
Cohen Milstein (Washington)
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Cohen Milstein (New York)
In this prominent case, the United States and 33 states and U.S. territories brought civil suits against Apple Inc. and five book publishing companies, alleging that they conspired and acted together, in violation of United States antitrust law, to cause the publishing industry to move from a (...)

The US Court of Southern District of New York clarifies what determines liability of the vertical participant B in an A-B-C information exchange (Apple)
University of Cambridge
e-books: Vertical participation in hub and spoke agreements* The 10 July judgment in the American e-books case (US v Apple) addresses an important question not yet examined under European competition law: what determines the liability of the vertical participant (“B”) in an A-B-C information (...)

The Austrian Federal Competition Authority launches public consultation on draft guidelines regarding vertical price fixing
European Commission
Austria: The Federal Competition Authority (FCA) launches Public Consultation on Draft Guidelines regarding Vertical Price Fixing* In the course of recent enforcement activities by the FCA, it has appeared that vertical price fixing practices combined with horizontal coordination are (...)

The EU Commission launches market test of the commitments offered by e-book publisher to reach a settlement in the EU investigation into e-book pricing (Penguin)
Van Bael & Bellis (Brussels)
On 19 April 2013, the European Commission launched a market test of the commitments offered by Penguin, aimed at reaching a settlement in the EU investigation into e-book pricing. In order to alleviate the Commission’s fears for collusion and higher prices in the e-book publishing sector, (...)

The Hong Kong’s Competition Commission gives some advice to companies preparing for implementation of the Competition Ordinance
King & Wood Mallesons (Sydney)
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King & Wood Mallesons (Hong Kong)
Hong Kong Competition Ordinance: First Conduct Rule* In this article we explore the First Conduct Rule in Hong Kong’s Competition Ordinance, focusing on its significance for companies preparing for implementation of the Ordinance. Overview of the First Conduct Rule The First Conduct Rule (...)

The European Commission accepts commitments in e-books case (Simon & Schuster / Harper Collins / Hachette / Holtzbrinck / Apple)
European Commission
European Commission accepts Commitments in E-Books Case* On 12 December 2012, the European Commission (Commission) accepted formally binding commitments from four international publishers (Simon & Schusters (CBS Corp., USA), HarperCollins (News Corp., USA), Hachette Livre (Lagardère (...)

The EU Commission finds that given the nature of the relevant product, concerted practices covering a substantial part of the EEA may affect the interstate trade (e-books)
Liege Competition and Innovation Institute
Sad but true* I love commitments decisions because they are a quick read. But I also hate dislike them because they leave the reader angry hungry for more. Some evidence: in the E-Books case, the effect on trade condition was deemed fulfilled under the simplest possible sort of analysis: (...)

The US FTC and the EU Commission clear an acquisition on the market for recorded music (Universal / EMI)
DLA Piper Weiss-Tessbach (Vienna)
European Commission and U.S. Federal Trade Commission clear Universal’s acquisition of EMI’s recorded music business* On 21 September 2012 both the European Commission (“Commission”) and the U.S. Federal Trade Commission (“FTC”) cleared the acquisition of EMI’s recorded music business by Universal. (...)

The US District Court Southern District of New York approves a U.S. consent decree that resolves DoJ allegations against three publishers for participating in a conspiracy to fix prices for e-books (Hachette Book / HarperCollins / Simon & Schuster)
Wolters Kluwer (Riverwoods)
U.S. Consent Decree with Three Publishers over E-Book Pricing Approved* The federal district court in New York City yesterday approved a U.S. consent decree that resolves U.S. Department of Justice allegations against three publishers for participating in a conspiracy to fix prices for (...)

The UK OFT issues statement of objections against two online travel agents and one hotels group for alleged restrictive practices (Booking.com / Expedia / Intercontinental Hotels)
European Commission
United Kingdom: The Office of Fair Trading issues Statement of Objections against Booking.com, Expedia and Intercontinental Hotels Group* On 31 July 2012, the Office of Fair Trading (OFT) issued a Statement of Objections alleging that Booking. com B.V. (Booking.com), Expedia Inc (Expedia) and (...)

The Bulgarian Competition Authority settles an alleged cartel case between large retail chains (Metro / Billa / Kaufland / Picadilly / Maxima / HIT)
Djingov, Gouginski, Kyutchukov & Velichkov (Sofia)
On 19 July 2012 the Bulgarian Commission on Protection of Competition (“CPC”) handed down a commitments decision (the “Commitments Decision”) and closed an investigation for alleged horizontal coordination of pricing and marketing policy by six retailers – “Metro Cash & Carry Bulgaria” EOOD (...)

The US Southern District of New York denies motion to dismiss conspiracy claims (Electronic Books Antitrust Litigation)
Cohen Milstein (Washington)
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Cohen Milstein (New York)
In this widely-followed case, consumers of electronic books alleged that the defendants, five of the six biggest publishers and Apple, conspired to raise prices of e-books. The defendants allegedly hatched the conspiracy to stymie the low e-book prices that dominant retailer Amazon was then (...)

The US DoJ announces to continue investigations into the e-book industry for alleged price-fixing conspiracy (Apple)
Sidley Austin (Brussels)
The DOJ believes that Apple is forcing you to pay more for e-books* On April 11, 2012 the world of antitrust became abuzz with the news that the DOJ filed a lawsuit against Apple for its alleged participation in an e-books pricing scheme with the leading publishers: Hachette Book Group (USA), (...)

The US District Court of Detroit dismisses antitrust claims against practice of requiring hospitals to enter into "MFN-Plus" contracts (City of Pontiac / Blue Cross Blue Shield)
Sheppard Mullin (Los Angeles)
District Court Dismisses Follow-On Suit Challenging Blue Cross’s “MFN-Plus’ Contracts Under Both Per Se and Rule of Reason Standards* The District Court for the Eastern District of Michigan recently dismissed antitrust claims brought by the City of Pontiac against Blue Cross Blue Shield of (...)

The UK Competition Appeal Tribunal quashes OFT’s tobacco pricing decision (Imperial Tobacco / Gallaher / Retailers)
Van Bael & Bellis (Brussels)
On 12 December 2011, the Competition Appeal Tribunal (“CAT”) quashed a decision of the Office of Fair Trading (“OFT”) in which the UK regulator had imposed a record fine on a number of tobacco manufacturers and retailers for manipulating prices of tobacco products through a network of illegal (...)

The Spanish Competition Commission publishes a study on the relationships between producers and distributors in the food sector analysing various aspects of buyer power in Spain
Callol, Coca & Asociados (Madrid)
The NCC has recently published a study on the relationships between manufacturers and distributors in the food sector (Study). The 160 page long Study, provides an interesting perspective on issues related to buyer power in Spain which have caused quite a few problems in the last few years. (...)

The US District Court for the Eastern District of Michigan explains its denial of motion to dismiss in Most Favored Nation -MFN- clauses decision in the health care industry (Blue Cross Blue Shield of Michigan)
Wolters Kluwer (Riverwoods)
Federal/State Antitrust Suit Against Blue Cross Blue Shield of Michigan Can Proceed* Last week, the federal district court in Detroit denied Blue Cross Blue Shield of Michigan’s motion to dismiss a federal/state antitrust action challenging the health insurer’s use of most favored nation (MFN) (...)

A US District Court receives class action lawsuit alleging price-fixing of e-books sales between five major publishers and a leading electronic devices producer (Hachette Book, HarperCollins, Apple)
Sidley Austin (Brussels)
Is Apple forcing customers to pay more for e-books? - Global developments in the alleged e-book price-fixing case* European investigations On December 6, 2011 the European Commission announced that it opened formal proceedings to examine whether five major international publishers (Hachette (...)

The US DoJ reaches consent agreement with parties to an acquisition in the graphite electrodes market (GrafTech / Seadrift)
Skadden, Arps, Slate, Meagher & Flom (New York)
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Skadden, Arps, Slate, Meagher & Flom (Palo Alto)
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Kirkland & Ellis (New York)
On November 29, 2010, the Department of Justice (DOJ) announced a consent agreement with GrafTech International relating to its acquisition of Seadrift Coke L.P. (Seadrift). This action marks the second time this year that the DOJ has sought relief in a vertical merger. It also represents the (...)

The US DoJ targets so-called “most favored nation” - MFN - agreements in the health care industry (Blue Cross Blue Shield of Michigan - BCBSM)
Gibson Dunn (New York)
U.S. Dep’t of Justice Targets MFN Agreements* The U.S. Department of Justice (DOJ) is seeking to curb the use of so-called “most favored nation” (MFN) agreements — a common business practice that the DOJ believes can sometimes result in anticompetitive effects when entered into by a dominant (...)

The US DoJ and the State of Michigan file a complaint against health insurance provider alleging that its most favored nation clauses violate section 1 of the Sherman Act (Blue Cross Blue Shield of Michigan)
Wolters Kluwer (Riverwoods)
Health Insurer Sued over Most Favored Nation Clauses* It has been more than a decade since the U.S. Justice Department has brought an antitrust challenge to enjoin the use of “most favored nation” clauses in the health care industry. Many of the more recent, civil non-merger actions against (...)

The US DoJ challenges "most favoured nations" clauses in the healthcare sector, analyzing their anticompetitive effects under section 1 of the Sherman Act (Blue Cross Blue Shield of Michigan)
Richard Wolfram, Esq. (New York)
‘Most Favored Nations’ (MFN) Clauses under the Spotlight: U.S. v. Blue Cross Blue Shield of Michigan — When Might Otherwise Competitively Neutral or Procompetitive MFN Clauses Violate the Antitrust Laws?* On October 18, 2010, the U.S. Department of Justice and the State of Michigan sued Blue (...)

The US Attorney General in Connecticut investigates potentially anticompetitive e-book deals (Amazon / Apple)
Stanford University - Stanford Law School
Attorney General of Connecticut investigating agreements on e-books* On 2 August 2010 the Attorney General of Connecticut announced an investigation into agreements between e-book publishers and sellers that may encourage coordinated pricing and prevent discounting of e-books. In particular, (...)

The UK OFT finds that Tobacco manufacturers and retailers participated in agreements and/or concerted practices whereby the manufacturers set the retailers’ retail prices for its tobacco products which restricted the retailers’ ability to determine their retail price of competing tobacco products (ITL / Gallaher / Asda / the Co-op / First Quench / Morrisons / T&S / Safeway / Sainsbury / Shell / Somerfield / TM Retail)
Addleshaw Goddard (London)
Description of the impugned case The OFT’s Chapter I investigation was initiated in March 2003 following receipt of information from Sainsbury under the OFT’s leniency policy, which, along with information obtained during a previous Chapter II investigation into ITL, gave the OFT reasonable (...)

The UK Office of Fair Trading heavily fines price-fixing practices from supermarkets and tobacco firms in a decision which may be its largest ever combined fine (Imperial Tobacco, Gallaher and retailers)
Talwar, Thakore & Associates (New Delhi)
The Office of Fair Trading (“OFT”) has recently fined two tobacco companies, namely Imperial Tobacco and Gallaher (now part of Japan Tobacco International), and ten retailers in UK for collusion while determining tobacco retail prices. The actual infringement took place between 2001 and 2003 for (...)

The US Court of Appeals for the 2nd Circuit reverses a District Court decision and rules that the plaintiff satisfied the Twombly standard in a conspiracy case alleging parallel conduct (Starr / Sony BMG)
WilmerHale (Washington)
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WilmerHale
In a notable recent decision, Starr v. Sony BMG Entertainment, 592 F.3d 314 (2d Cir. 2010), the United States Court of Appeals for the Second Circuit addressed the pleading standard a plaintiff must satisfy to survive a motion to dismiss an antitrust conspiracy claim under § 1 of the Sherman Act (...)

The Romanian Competition Authority announces the results of the sector inquiry in the market for retail distribution of alimentary products (Report of the Sector Inquiry on Retail Distribution of Alimentary Products)
Faculty of Law - University of Macau
On 29 September 2009 the Romanian Competition Authority published the results of it sector inquiry on the market for retail distribution of alimentary products, which was initiated in March 2008. The inquiry was narrowed down to several products, which have special importance in an average (...)

The UK OFT reaches settlement in tobacco price-fixing case (Asda / First Quench / Gallaher / One Stop Stores / Somerfield / TM Retail)
Van Bael & Bellis (Brussels)
On 11 July 2008, the Office of Fair Trading (OFT) announced that it had reached early resolution agreements with six companies relating to certain anti-competitive arrangements relating to the retail pricing of tobacco products in the UK. These settlement agreements follow the issue of a (...)

The French Minister of Economy clears a merger in the rail fastening sector with remedies, including commitment to license IP, or, if no licensee is found, to let the IP rights fall into the public domain (Delachaux / Pandrol)
French Competition Authority (Paris)
The operation Through this transaction, Delachaux acquired the sole control of Pandrol. Both companies were active in the rail fastening sector. The market(s) The product market was the rail fastening devices. On this market, different technologies may be used, each technology being (...)

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