June 2018

General antitrust

 The Portuguese Parliament transposes Directive 2014/104/EU by adopting a new legal framework on the right to compensation for damages from infringements of competition law
Vieira de Almeida (Lisbon)
Portugal 9 contributions 660 visits
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DLA Piper (Lisbon)
Portugal 20 contributions 28335 visits
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Vieira de Almeida (Lisbon)
Portugal 7 contributions 527 visits
Act 23/2018, establishing the legal framework on the right to compensation for damages from infringements of competition law, was published on 5 June 2018. This legislative act transposes into Portuguese law the Directive 2014/104/EU of the European Parliament and of the Council, of 26 November (...)

Anticompetitive practices

 The Moldovan Competition Authority qualifies irregularities in the public procurement of construction works admitted by the local administration as an infringement of competition law (Mayorship of Chisinau)
University of Macau - Faculty of Law (Macau)
China 283 contributions 222966 visits
On 28 June 2018, the Competition Council of the Republic of Moldova (CC) has found that certain irregularities in the public procurement of construction services admitted by the mayorship of Chisinau should be qualified as infringement of competition law. On 19 March 2015, the Chisinau (...)

The Moldovan Competition Authority prosecutes three companies for bid-rigging in public procurement of various software solutions (BTS PRO / MSA / Esempla Systems)
University of Macau - Faculty of Law (Macau)
China 283 contributions 222966 visits
On 28 June 2018, the Competition Council of the Republic of Moldova (CC) found that three undertakings, BTS PRO SRL, MSA Grup SRL, Esempla Systems SRL, have engaged in bid-rigging practices at the public procurement of various software solutions for the use by the public authorities. The CC’s (...)

The US Supreme Court rejects Government antitrust challenge against anti-steering provisions of a credit-card network company (American Express)
Weil, Gotshal & Manges (Washington)
United States 1 contribution 147 visits
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Weil, Gotshal & Manges (Washington)
United States 3 contributions 527 visits
Supreme Court Rejects Government Antitrust Challenge to American Express Antisteering Provisions* In a long-awaited decision, a closely divided Supreme Court ruled in favor of American Express (“Amex”), ending a highly publicized government challenge that has spanned nearly a decade. Writing for (...)

The US Supreme Court rules that "anti-steering" clauses are not anticompetitive on the two-sided credit card market (American Express)
Hausfeld (New York)
United States 12 contributions 2531 visits
“Anti-steering” is the practice by which a credit card company prohibits a merchant from encouraging consumer cardholders to use another credit card company’s card. On June 25, the U.S. Supreme Court issued its highly anticipated decision in Ohio v. American Express Co., which dismissed 5-4 an (...)

The US Supreme Court dismisses an appeal brought by the Government and several States regarding a two-sided platform (American Express)
King & Wood Mallesons (Melbourne)
Australia 2 contributions 407 visits
US REGULATORS’ SWIPE AT AMEX DECLINED BY SUPREME COURT* On 25 June 2018, the Supreme Court of the United States dismissed an appeal brought by the US Government and a number of US States against credit-card provider American Express (Amex) for alleged anti-competitive conduct in violation of (...)

The Russian Competition Authority fines several companies for participating in a bid-rigging cartel on supplies of technological equipment for the Ministry of Defence (SpetsTekhMash / ProfBusiness / Stillag)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 53283 visits
ST Petersburg companies are fined 200 million rub for a cartel* St Petersburg OFAS made decision with regard to “SpetsTekhMash” Trading House” Ltd., “ProfBusiness” Ltd. and two companies with the same name “Stillag” Trading House” Ltd., for participating in a bid-rigging cartel on supplies of (...)

The Russian Competition Authority fines computer suppliers for cartel (Aquarius / National Computer Corporation)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 53283 visits
Fines to computer suppliers guilty of collusion* The total administrative fines exceed 179 million RUB The companies were found guilty of concluding an anticompetitive agreement that resulted in maintaining prices at an open electronic auction for supplying systems blocks of the “Elections” (...)

The Russian Competition Authority fines several companies for maintaining or reducing prices of auction in the electronic market (SpetsTekhMash, ProfBusiness, Stillag)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 53283 visits
ST Petersburg companies are fined 200 million rub for a cartel* St Petersburg OFAS made decision with regard to “SpetsTekhMash” Trading House” Ltd., “ProfBusiness” Ltd. and two companies with the same name “Stillag” Trading House” Ltd., for participating in a bid-rigging cartel on supplies of (...)

The EU Commission opens a formal investigation to assess whether supply agreements between Qatari petrol companies and EU importers restrain competition (Qatar Petroleum)
European Commission - DG COMP (Brussels)
Belgium 1229 contributions 2524853 visits
Antitrust: Commission opens investigation into restrictions to the free flow of gas sold by Qatar Petroleum in Europe* The European Commission has opened a formal investigation to assess whether supply agreements between Qatar Petroleum companies exporting liquefied natural gas (LNG) and (...)

The French Competition Authority fines a human resource consulting firm for non-compliance with certain remedies addressing practices implemented in the temporary employment sector (Randstad)
French Competition Authority (Paris)
France 709 contributions 361650 visits
Temporary employment sector* The Autorité de la concurrence fines Randstad 4.5 million euros for non-compliance with certain commitments undertaken in 2009 The Autorité de la concurrence today issues a decision imposing a joint fine on companies Groupe Randstad France SAS, Randstad SAS, (...)

The EU Commission launches an antitrust investigation into LNG destination clauses (Quatar Petroleum)
Covington & Burling (Washington DC)
United States 1 contribution 60 visits
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Covington & Burling (London)
United Kingdom 1 contribution 60 visits
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Covington & Burling (London)
United Kingdom 1 contribution 60 visits
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On June 21, 2018, the European Commission (“Commission”) started a new investigation to determine whether so-called destination clauses in Qatar Petroleum’s liquefied natural gas (“LNG”) supply contracts with European buyers infringe the European Union (“EU”) antitrust rules. The investigation comes (...)

The Competition Commission of South Africa fines a media cartel for price fixing and unlawful trading conditions (Caxton / Independent Media)
Primerio (Washington)
1 contribution 137 visits
MEDIA CARTEL EXPOSED AND FINED* Print media companies Independent Media and Caxton & CTP Publishers and Printers (“Caxton”) have agreed to pay an administrative penalties as well as an amount to the Economic Development Fund of over R8 million as part of two separate settlement agreements (...)

The Irish Court of Appeal increases the fine imposed by the Irish Competition Authority on a company for bid-rigging (Aston Carpets)
Matheson (Dublin)
Ireland 10 contributions 647 visits
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Matheson (Dublin)
Ireland 2 contributions 302 visits
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Matheson (Dublin)
Ireland 5 contributions 1357 visits
Summary In this case update, we discuss a 2019 criminal enforcement case in Ireland brought by the Competition and Consumer Protection Commission (the “CCPC”) in conjunction with the Director of Public Prosecutions (the “DPP”), in relation to breaches of substantive competition law under the (...)

The Irish Court of Criminal Appeal increases a fine imposed on a former director for bid-rigging (Aston Carpets & Flooring)
Irish Competition Authority (Dublin)
Ireland 86 contributions 13991 visits
Former director fined €45,000 for bid-rigging tenders* The Court of Criminal Appeal today increased a fine handed down to a former director, Brendan Smith, for engaging in bid-rigging in the procurement of flooring contracts. Mr Smith, who is a former director of Aston Carpets & Flooring, (...)

The Irish Court of Appeal increases the fine imposed by the Central Criminal Court in its first bid-rigging criminal cartel case (Aston Carpets & Flooring)
Trinity College Dublin
Ireland 12 contributions 974 visits
SENTENCING IN CRIMINAL BIG RIGGING IN IRELAND: THE COMMERCIAL FLOORING CARTEL* I. Introduction 1 On 20 June 2018 the Court of Appeal (the Court) in Ireland’s first bid rigging criminal cartel case increased the fine imposed by the Central Criminal Court (CCC) on Brendan Smith (Smith) from (...)

The Alberta Court of Queen’s Bench (Canada) rules in a private claim regarding a joint venture agreement between two purchasers of chemicals products (Dow Chemical Canada / Nova Chemicals Corporation)
Steve Szentesi Law Corporation (Vancouver)
Canada 55 contributions 14035 visits
Alberta Court of Queen* In a recent decision handed down by the Alberta Court of Queen’s Bench, in Dow Chemical Canada ULC v. NOVA Chemicals Corporation, 2018 ABQB 482 (“Dow Chemical”), the Court established both new law and confirmed earlier case law under sections 45 and 90.1 of the federal (...)

The Irish Court of Appeal increases criminal fine imposed on an individual director/manager for bid rigging (Aston Carpets & Flooring)
University Dublin College (UCD)
Ireland 2 contributions 1312 visits
On June 20th 2018, the Irish Court of Appeal, reviewed the sentences imposed by the Central Criminal Court in 2017 on firstly, a company (Aston) and, secondly, an individual (Mr Smith) who was a director and manager of the company following their criminal convictions for having engaged in (...)

The French and German Competition Authorities launch a joint project on algorithms and their implications on competition
German Competition Authority (Bonn)
Germany 422 contributions 106245 visits
The French Autorité de la concurrence and the German Bundeskartellamt launch a joint project on algorithms and their implications on competition* Coming along with digitalization, algorithms are becoming more and more important and at the same time progressively sophisticated. Prominent (...)

The US District Court for the Eastern District of Pennsylvania finds that a company was not part of a conspiracy to manipulate the supply of eggs and raise prices (In re Processed Egg Prods)
Dechert (Philadelphia)
United States 1 contribution 300 visits
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Dechert (Philadelphia)
United States 4 contributions 718 visits
The case began 10 years ago when a class of companies that purchase eggs sued the country’s leading egg producers, seeking more than $1 billion in damages. The plaintiffs claimed that the egg producers conspired to manipulate the supply and raise prices for eggs. Specifically, the buyers (...)

The Luxembourg Competition Authority allows a price fixing agreement between supermarkets as it could enhance competition (Epiceries du Luxembourg)
General Court of the European Union (Luxembourg)
Luxembourg 2 contributions 748 visits
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Arendt & Medernach (Luxembourg)
Luxembourg 54 contributions 108176 visits
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Liedekerke Wolters Waelbroeck Kirkpatrick (Brussels)
Belgium 2 contributions 748 visits
In June 2018, the Luxembourg Competition Council published a decision regarding forms of cooperation between competitors involving price fixing, one of the most manifest and serious restrictions of competition. The decision concerned a group of supermarkets who decided to market certain (...)

The Lithuanian Supreme Court accepts the Competition Authority’s request for renewing court proceedings regarding an anti-competitive agreement in the energy sector (Vilniaus energija / Bionovus)
Lithuanian Competition Authority (Vilnius)
Lithuania 99 contributions 18375 visits
Dispute over competition law infringement on biofuel market returned to Supreme Administrative Court of Lithuania* The Supreme Administrative Court of Lithuania agreed to renew court proceedings concerning an anti-competitive agreement on the biofuel market as requested by the Lithuanian (...)

The German Federal Court clarifies controversial judgments around the statute of limitations for cartel damages claims (Cement Cartel)
Hogan Lovells (Munich)
Germany 30 contributions 22770 visits
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Hogan Lovells (Munich)
Germany 7 contributions 3176 visits
I. Introduction On 12 June 2018, the German Federal Court of Justice (Bundesgerichtshof, BGH) passed its long-awaited landmark decision in KZR 56/16 (Grauzementkartell II). The BGH held that Sec. 33 (5) of the German Act against Restraints of Competition (ARC) (today Sec. 33h (6) ARC), which (...)

The German Federal Court of Justice grants a claim for damages relating to a cement cartel by extending the time period in which limitation rules can be suspended (Cement Cartel)
McDermott Will & Emery (Brussels)
Belgium 42 contributions 6858 visits
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McDermott Will & Emery (Paris)
France 119 contributions 60876 visits
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Norton Rose Fulbright (Brussels)
Belgium 37 contributions 6507 visits
This landmark judgment of the German Federal Court of Justice concerns an action for damages relating to the German cement cartel. However, the judgment has much wider implications and is relevant for damage claims relating to other cartel infringements. The Federal Court extended the temporal (...)

The German Supreme Court rules that statute of limitations is tolled for cartel damages claims that arose before July 2005 (Cement Cartel II)
Hausfeld (Düsseldorf)
Germany 1 contribution 50 visits
Introduction: The tolling of the statute of limitations for cartel damages claims. According to former Section 33 Para. 5 of the German Act against Restraints of Competition (hereinafter Section 33(5)) the statute of limitations with respect to private cartel damages claims is tolled if a (...)

The Administrative Court of Lazio annuls a €140 million fine imposed by the Italian Competition Authority for a cartel in the reinforcing steel bar and electro-welded mesh markets (Reinforcing Steel Bars / Tondini per Cemento Armato)
Chiomenti (Milano)
Italy 6 contributions 2016 visits
On 12 June 2018, the Administrative Court of Lazio (“TAR Lazio”) annulled a 140 million EUR fine imposed in 2017 by the Italian Competition Authority (“ICA”) to some of the main Italian steel companies. Indeed, the ICA – by Decision of 19 July 2017 (the “Decision”) issued in the proceedings I742 (...)

The German Federal Court of Justice rules on the statute of limitations for cartel damages claims (Cement Cartel)
Hausfeld (Berlin)
Germany 10 contributions 2845 visits
In a landmark ruling today, the Federal Court of Justice (“FCJ”) ruled on the statute of limitations for cartel damages claims. Since July 2005, the German Act against Restraints provides that the statute of limitations for damages claims is suspended pending an investigation by competition (...)

The EU Commission carries out unannounced inspections in the styrene monomer purchasing sector
European Commission - DG COMP (Brussels)
Belgium 1229 contributions 2524853 visits
Antitrust: Commission confirms unannounced inspections in the styrene monomer purchasing sector* The European Commission can confirm that on 5 June 2018 its officials carried out unannounced inspections in several Member States at the premises of companies active in styrene monomer purchasing. (...)

The Luxembourg Competition Authority allows a price-fixing agreement between competitors as it provides efficiency gains in the taxi market (Webtaxi)
Liedekerke Wolters Waelbroeck Kirkpatrick (Brussels)
Belgium 2 contributions 748 visits
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Arendt & Medernach (Luxembourg)
Luxembourg 54 contributions 108176 visits
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General Court of the European Union (Luxembourg)
Luxembourg 2 contributions 748 visits
In June 2018, the Luxembourg Competition Council published a decision regarding a cooperation between competitors involving price fixing, one of the most manifest and serious restrictions of competition. In the decision “Webtaxi”, the Competition Council found that a taxi reservation centre (...)

The Luxembourg Competition Authority exempts an agreement between taxi companies who were using the reservation center for booking because it has created more advantages than disadvantages for consumers (Webtaxi)
Arendt & Medernach (Luxembourg)
Luxembourg 54 contributions 108176 visits
On 7 June, the Luxembourg Competition Council exempted an agreement between Benelux Taxis, Inter-Taxis and other Taxi companies who jointly use the Webtaxi reservation centre for taking bookings from customers. It is the Competition Council’s first decision exempting an agreement or practice (...)

The Supreme Administrative Court of Lithuania upholds the decision of the National Competition Authority in a cinema cartel case (UAB Forum Cinemas)
Lithuanian Competition Authority (Vilnius)
Lithuania 99 contributions 18375 visits
Supreme Administrative Court upholds Council’s decision: Cinema cartels resulted in fewer discounts for consumers* The Supreme Administrative Court of Lithuania rejected the appeal by UAB Forum Cinemas against the Competition Council’s decision whereby the company was fined EUR 1,384,300 for (...)

The Belgian Competition Authority carries out inspections in the fire protection sector
Belgian Competition Authority (Brussels)
Belgium 83 contributions 19832 visits
The Belgian Competition Authority confirms the inspection in the fire protection sector* The Investigation and Prosecution Service of the Belgian Competition Authority (BCA) confirms that the BCA is conducting an inspection at the premises of an enterprise active in the fire protection sector (...)

Unilateral Practices

 The EU Commission publishes the text of its decision to fine a Big Tech company for abuse of dominant position in the market for mobile devices operating systems (Google Android)
Zepos & Yannopoulos (Athens)
Greece 34 contributions 3157 visits
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Zepos & Yannopoulos (Athens)
Greece 34 contributions 2751 visits
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Zepos & Yannopoulos (Athens)
Greece 29 contributions 2147 visits
On 20 September 2020 the European Commission published its long-awaited 327-page explanation of its decision to fine Google €4.34 billion for illegal practices regarding Android mobile devices. The text provides a detailed analysis of some of the most interesting aspects of the decision, (...)

The UK Competition Authority takes enforcement action against several hotel booking sites over potential breaches of consumer protection law
Walker Morris (Leeds)
1 contribution 132 visits
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MemeryCrystal
United Kingdom 12 contributions 2820 visits
UK COMPETITION REGULATOR TAKES ENFORCEMENT ACTION AGAINST HOTEL BOOKING WEBSITES* The UK’s Competition and Markets Authority (“CMA”) announced on 28th June 2018 that it is taking enforcement action against several hotel booking sites over potential breaches of consumer protection law. The CMA has (...)

The French Competition Authority rejects a complaint about abuse of dominance in the sector of IT maintenance (Econocom)
Dechert (Paris)
France 18 contributions 23749 visits
On 27 June 2018, the French Competition Authority (“FCA”) rejected a complaint filed by French company Econocom, active in the maintenance of servers and storage solutions, against the main manufacturers of IT hardware: IBM, Hewlett Packard (“HP”) and Oracle. This decision was issued in a peculiar (...)

The US Supreme Court finds that there was no abuse of dominance in a dominant firm’s requirements against competitors because the market is a two-sided platform (American Express)
Secretariat Economists (San Francisco)
United States 2 contributions 567 visits
The Supreme Court’s American Express Decision – Two-sided Platforms and Harm to Consumers* The Supreme Court determined, in its June 2018 decision, that American Express (“Amex”) did not violate the antitrust laws by requiring merchants to refrain from encouraging patrons at the point of sale to (...)

The Russian Competition Authority reduces prices on 11 medicines of a dominant pharmaceutical company from the list of vital and essential medicines (AstraZeneca)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 53283 visits
FAS reduced prices on 11 medicines of “Astrazeneca” from the list of vital and essential medicines* Prices for the medicines aimed at treating socially important diseases reduced on average 12 to 92% As a result of a constructive dialogue between FAS and “AstraZeneca” the maximum ex-works prices (...)

The Moldovan Competition Authority prosecutes the company managing a bus terminal for imposing unfair trading conditions on the passenger bus operators (Telautogar)
University of Macau - Faculty of Law (Macau)
China 283 contributions 222966 visits
On 14 June 2018, the Competition Council of the Republic of Moldova (CC) prosecuted the bus terminal operator Telautogar SRL for the abuse of dominant position in the form of imposing unfair trading terms on passenger bus operators. Telautogar SRL was the company managing the bus terminal in (...)

The Moldovan Competition Authority prosecutes a grain storage operator for exploitative abuse of dominance in the form of discriminatory tariffs (Cereale Cupcini)
University of Macau - Faculty of Law (Macau)
China 283 contributions 222966 visits
On 14 June 2018, the Competition Council of the Republic of Moldova (CC) has found that grain storage operator Cereale Cupcini SA has abused its dominant position by imposing excessive and discriminatory tariffs for loading/unloading services at its storage facilities. The CC’ investigation has (...)

The Lithuanian Competition Authority closes its investigations against a bank for abuse of dominance (Swedbank)
Lithuanian Competition Authority (Vilnius)
Lithuania 99 contributions 18375 visits
Competition Council closes the investigation into Swedbank actions* The Competition Council closed the investigation into the compliance of Swedbank actions with the requirements of the Law on Competition upon Swedbank submitting written commitments suitable for the elimination of the alleged (...)

The Indian Competition Authority opens an investigation into the abuse of dominance by an oil and natural gas company in the market for charter hire of offshore support vehicles (Indian National Shipowners’ Association / Oil and Natural Gas Corporation)
Vaish Associates Advocates (New Delhi)
India 263 contributions 40049 visits
CCI directs investigation against Oil and Natural Gas Limited (‘ONGC’) for abuse of dominant position* The CCI by way of an order dated June 12, 2018 has directed investigation under Section 26(1) of the Act against ONGC for abusing its dominant position in the relevant market for “charter hire (...)

The Turkish Competition Authority rejects exclusivity allegations against a packaged chips producer (Frito Lay)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 11 contributions 2713 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 151 contributions 69572 visits
This case note analyses the Turkish Competition Board’s (“Board”) Frito Lay decision, dated 12.06.2018 and numbered 18-19/329-163. The Board has recently published its reasoned decision regarding the preliminary investigation that was launched against Frito Lay Gıda San. Tic. A.Ş. (“Frito Lay”) (...)

The Egyptian Competition Authority orders interim measures against a football organization which granted exclusive rights in absence of fair, or transparent or non-discriminatory tendering procedures (FIFA)
Egyptian Competition Authority (Cairo)
Egypt 5 contributions 1502 visits
The ECA orders interim measures against the FIFA to make available on free-to-air terrestrial channels the 2018 World Cup Russia* The ECA has ordered interim measures against FIFA based on prima facie finding of infringements to articles 7 and 8 of the Egyptian competition law as it was (...)

The UK Competition Appeal Tribunal announces its provisional judgment in an appeal against the Competition Authority’s infringement decision in an excessive price case (Pfizer / Flynn)
White & Case (Brussels)
Belgium 52 contributions 53743 visits
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White & Case (Brussels)
Belgium 36 contributions 62201 visits
I. Introduction In the last couple of years, there has been a trend for antitrust watchdogs around the world to investigate excessive pricing, especially in the pharmaceutical sector. Last year, the European Commission opened its first investigation into excessive pricing in the pharmaceutical (...)

The Mexican First Collegiate Circuit Tribunal on Administrative Matters confirms the Competition Authority’s decision in an abuse of dominance case by an airport but orders a new calculation of the fine (Mexico City International Airport)
Ritch Mueller (Mexico City)
Mexico 6 contributions 1488 visits
The First Collegiate Circuit Tribunal on Administrative Matters, specialized in economic competition, broadcasting and telecommunications (the ’Tribunal’), confirmed the decision of the plenary session of the Mexican Federal Competition Commission (’Cofece’) on case file DE-015-2013 in the sense (...)

The UK Competition Appeal Tribunal partly annuls the Competition Authority’s decision that pharmaceutical companies abused their dominant position by setting excessive and unfair prices for an epilepsy drug (Pfizer / Flynn)
Norton Rose Fulbright (London)
United Kingdom 6 contributions 1169 visits
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Norton Rose Fulbright (London)
United Kingdom 1 contribution 263 visits
This article has been nominated for the 2019 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On 7 June 2018, the Competition Appeal Tribunal (CAT) set aside in part the 2016 decision of the Competition and Markets Authority (CMA) that Pfizer and Flynn (...)

The UK Competition Appeal Tribunal partially sets aside the Competition Authority’s decision that fined two undertakings nearly £90 million for charging unfairly high and excessive prices for anti-epilepsy drugs (Pfizer / Flynn)
Freshfields Bruckhaus Deringer (London)
United Kingdom 9 contributions 1590 visits
On 7 June 2018, the UK’s Competition Appeal Tribunal (CAT) partially set aside the Competition and Market Authority’s (CMA’s) decision fining Pfizer and Flynn nearly £90 million for charging unfairly high, or excessive, prices for phenytoin sodium capsules (an anti-epilepsy drug) in breach of EU (...)

The UK Competition Appeal Tribunal finds an incorrect application of the legal test for dominance and quashes the Competition Authority’s record fines imposed on two pharmaceutical companies for charging excessive prices for an anti-epilepsy drug (Pfizer / Flynn)
MemeryCrystal
United Kingdom 12 contributions 2820 visits
EXCESSIVE PRICE? COMPARED TO WHAT?* On 7 June 2017, the Competition Appeal Tribunal (“CAT”) set aside parts of the Competition & Market Authority’s (“CMA”) decision in relation to the CMA’s finding that Pfizer and Flynn charged excessive and unfair prices for phenytoin sodium capsules and (...)

Mergers

 The South African Competition Tribunal penalises a conditionally approved merger for failing to comply with its monitoring obligations (RTT Group)
Primerio (Johannesburg)
South Africa 7 contributions 3901 visits
SOUTH AFRICA COMPETITION TRIBUNAL: MERGING PARTIES PENALISED FOR FAILURE TO COMPLY WITH PUBLIC INTEREST CONDITIONS* On 29 June 2018, the South African Competition Tribunal (Tribunal) penalised the RTO Group R75 000 for failing to comply with the Tribunal’s conditional merger approval in respect (...)

The EU Commission clears a merger subject to remedies in the manufacturing of pool equipment products market (Zodiac / Fluidra)
European Commission - DG COMP (Brussels)
Belgium 1229 contributions 2524853 visits
MERGERS: COMMISSION CLEARS ZODIAC AND FLUIDRA POOL EQUIPMENT JOINT VENTURE, SUBJECT TO CONDITIONS* The European Commission has approved under the EU Merger Regulation the proposed creation of a joint venture between the swimming pool equipment businesses of Zodiac and Fluidra. The approval is (...)

The EU Commission opens an in-depth investigation concerning a merger in the nylon production market (BASF / Solvay)
European Commission - DG COMP (Brussels)
Belgium 1229 contributions 2524853 visits
MERGERS: COMMISSION OPENS IN-DEPTH INVESTIGATION INTO PROPOSED ACQUISITION OF SOLVAY’S NYLON BUSINESS BY BASF* The European Commission has opened an in-depth investigation to assess the proposed acquisition of Solvay’s global nylon business by BASF, under the EU Merger Regulation. The Commission (...)

The Indian Competition Authority conditionally clears a merger in the agrochemicals and seeds industry (Bayer / Monsanto)
Shardul Amarchand Mangaldas (New Delhi)
India 66 contributions 19390 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 60 contributions 16615 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 66 contributions 18286 visits
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In an order dated 14 June 2018, the Competition Commission of India (CCI) approved Bayer AG’s (Bayer) acquisition of Monsanto Company (Monsanto) (together, the Parties) subject to certain modifications. Shardul Amarchand Mangaldas & Co. represented Monsanto and assisted in seeking the CCI’s (...)

The French Government reviews a deal on public interest grounds for the first time (Cofigeo / Agripole)
Van Bael & Bellis (Brussels)
Belgium 227 contributions 69976 visits
On 14 June 2018, the French Ministry of Economy announced its intention to carry out, for the first time, a public interest review of Cofigeo’s acquisition of the ready meals business of Agripole. In addition to a standard merger review by the French competition authority (“FCA”), French law (...)

The Indian Competition Authority approves acquisition of global agricultural company by global pharmaceutical company subject to permanent divestments and 7-year FRAND licensing of genetically modified and non-GM agricultural products (Bayer / Monsanto)
Vaish Associates Advocates (New Delhi)
India 263 contributions 40049 visits
CCI approves the acquisition of Monsanto by Bayer AG subject to structural modifications* The CCI by its order dated June 14, 2018 has approved the proposed acquisition of Monsanto Company (Monsanto) by Bayer Aktiengesellschaft (Bayer). The CCI approved the proposed combination, subject to the (...)

The French Competition Authority clears a merger, subject to remedies, in the market for the production and sale of ready meals (Financière Cofigeo / Agripole group)
French Competition Authority (Paris)
France 709 contributions 361651 visits
Acquisition of William Saurin* The Autorité de la concurrence clears the acquisition Financière Cofigeo of certain securities and assets of the ready meals arm of Agripole group (William Saurin, Panzani, Garbit) subject to two targeted divestments designed to maintain competition in the sector. (...)

The French Competition Authority acknowledges the decision of the Minister of Economy and Finance to use his power to reexamine the merger in the market for the production and sale of ready meals (Financière Cofigeo / Agripole group)
French Competition Authority (Paris)
France 709 contributions 361651 visits
Acquisition of William Saurin - Reaction of the Autorité after the Minister of Economy’s decision* The Autorité de la concurrence acknowledges the decision of the Minister of Economy and Finance to use its power to reexamine the operation, cleared by the Autorité today regarding the acquisition (...)

The Vilnius Regional Administrative Court upholds the fine against a company for gun-jumping (Kauno grūdai)
Lithuanian Competition Authority (Vilnius)
Lithuania 99 contributions 18375 visits
Vilnius Regional Administrative Court upholds almost eur 1 million fine imposed on Kauno Grūdai* Vilnius Regional Administrative Court has rejected the appeal by AB Kauno grūdai against the Competition Council’s decision of 9 June 2017, whereby the company was fined EUR 947,700 for implementing (...)

The District Court of Columbia approves a vertical merger in the entertainment market against the DoJ request (AT&T / Time Warner)
Portland State University
United States 2 contributions 185 visits
AT&T-Time Warner merger approved* AT&T’s merger with Time Warner has lead to one of the most important, but least interesting, antitrust trials in recent history. The merger itself is somewhat unimportant to consumers. It’s about a close to a “pure” vertical merger as we can get in (...)

The EU Commission opens an in-depth investigation concerning a merger in the Dutch retail mobile telecommunications market (Tele2 / T-Mobile)
European Commission - DG COMP (Brussels)
Belgium 1229 contributions 2524858 visits
MERGERS: COMMISSION OPENS IN-DEPTH INVESTIGATION INTO PROPOSED ACQUISITION OF TELE2 NL BY T-MOBILE NL IN THE NETHERLANDS* The European Commission has opened an in-depth investigation to assess the proposed acquisition of Tele2 NL by T-Mobile NL under the EU Merger Regulation. The Commission is (...)

The US District Court for the District of Columbia rejects the DOJ’s challenge to a vertical merger in the entertainment sector (AT&T / Time Warner)
Fried Frank Harris Shriver & Jacobson (New York)
United States 3 contributions 999 visits
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Fried Frank Harris Shriver & Jacobson (New York)
United States 3 contributions 999 visits
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Fried Frank Harris Shriver & Jacobson (Washington)
United States 1 contribution 266 visits
This article has been nominated for the 2019 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Court rejects DOJ challenge to AT&T / Time Warner vertical merger* In a much anticipated decision, Judge Richard Leon on June 12, 2018, rejected the (...)

The US District Court for the District of Columbia rejects the DoJ’s challenge to a vertical merger between an entertainment company and a distribution company (AT&T / Time Warner)
Jones Day (Washington)
United States 23 contributions 11161 visits
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Jones Day (Washington)
United States 19 contributions 6100 visits
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Jones Day (Houston)
United States 33 contributions 15330 visits
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This article has been nominated for the 2019 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Court Rejects DOJ Antitrust Challenge to AT&T/Time Warner* After eighteen months of investigation and litigation, a federal district court has rejected the (...)

The UK Competition Authority fines a company for breach of an interim order during a merger review (Electro Rent)
Van Bael & Bellis (Brussels)
Belgium 227 contributions 69976 visits
On 11 June 2018, the CMA fined Electro Rent £100,000 for breaching an Interim Order imposed in relation to Electro Rent’s acquisition of Microlease. According to the CMA, Electro Rent had failed to obtain the CMA’s consent prior to serving a notice of termination on the lease of its only premises (...)

The UK Government adopts new powers to investigate smaller merger transactions which raise national security concerns
Matheson (Dublin)
Ireland 6 contributions 1295 visits
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Latham & Watkins (Hambourg)
Germany 2 contributions 105 visits
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Latham & Watkins (London)
United Kingdom 2 contributions 231 visits
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This article has been nominated for the 2019 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. The expansion of the UK government’s foreign investment review powers will require additional scrutiny of potential deals for the early identification of (...)

The UK Competition Authority publishes a Guidance on changes to the jurisdictional thresholds for UK mergers control and extends the control on mergers related to sensitive sectors
MemeryCrystal
United Kingdom 12 contributions 2820 visits
GREATER NATIONAL SECURITY SCRUTINY AT THE HEART OF NEW UK MERGER CONTROL REFORMS* This week the UK Government enacted two new Orders which lower the UK merger control thresholds under the Enterprise Act 2002. The legislation extends the jurisdiction of the Competition and Markets Authority (...)

The Portuguese Competition Authority clears a merger between wind power electricity producers (New Finerge / Empreedimentos Eólicos do Rego / Eolcinf / Parque Eólico do Vale de Abade / Biowatt / Eolflor)
Morais Leitão, Galvão Teles, Soares da Silva (Lisbon)
Portugal 20 contributions 2473 visits
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Morais Leitão, Galvão Teles, Soares da Silva (Porto)
Portugal 2 contributions 472 visits
On May 4th 2018, the Portuguese Competition Authority (PCA) was notified of a merger where New Finerge, S.A. (New Finerge), a company operating in the electricity production market, aimed to acquire exclusive control over five wind farm management companies: Empreedimentos Eólicos do Rego, S.A. (...)

The French Competition Authority announces measures aimed at streamlining and simplifying merger control
French Competition Authority (Paris)
France 709 contributions 361651 visits
Modernization and simplification of merger control* The Autorité de la concurrence announces several measures aimed at streamlining and simplifying mergers’ procedures for companies. Last October, the Autorité launched a reflective process aimed at modernizing and simplifying merger law. (...)

The OECD holds a roundtable on market concentration
OECD - Competition Division (Paris)
France 308 contributions 1201334 visits
Executive Summary 1. In recent years, there has been growing concern that a trend has emerged in which markets around the world are becoming more concentrated and less competitive. This is sometimes attributed to the increasingly digital and globalised nature of many markets and the firms that (...)

The OECD holds a roundtable on considering non-price effects in merger control
OECD - Competition Division (Paris)
France 308 contributions 1201334 visits
1. Introduction 1. When firms compete, they make a range of decisions about the characteristics of their products. Consumers make purchasing decisions based on at least some of these characteristics, which determine the value they obtain from the product. Price is one such characteristic, but (...)

The US FTC conditionally approves a vertical merger in the defense industry subject to behavioral remedies (Northrop Grumman / Orbital ATK)
McDermott Will & Emery (Washington)
United States 30 contributions 6142 visits
Aerospace & Defense Series: Behavioral Remedies Remain a Viable Solution for Vertical Mergers in the Defense Industry* Summary The recent FTC decision in the Northrop Grumman / Orbital ATK matter has shed light on the agency’s vertical merger enforcement policy and outlined a path to (...)

State Aid

 The EU Court of Justice holds that a selective measure should be determined on the basis of its effects and not on the basis of the legally defined regulatory techniques (Dirk Andres)
Maastricht University
Belgium 320 contributions 56233 visits
Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU Commission asks Luxembourg to recover around €120 million which correspond to illegal tax benefits granted to an energy provider (Engie)
European Commission - DG COMP (Brussels)
Belgium 1229 contributions 2524858 visits
State aid: Commission finds Luxembourg gave illegal tax benefits to Engie; has to recover around €120 million* The European Commission has found that Luxembourg allowed two Engie group companies to avoid paying taxes on almost all their profits for about a decade. This is illegal under EU State (...)

The EU Commission holds that a selective tax reduction does not constitute State aid if it doesn’t provide an economic advantage for the enterprises concerned (Danish water tax exemption)
Maastricht University
Belgium 320 contributions 56233 visits
Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU Commission approves under EU State aid rules a Croatian plan to prolong the Istrian Y motorway (Bina-Istra)
European Commission - DG COMP (Brussels)
Belgium 1229 contributions 2524858 visits
State aid: Commission approves €165 million of investments by Croatia for the extension of the Istrian Y motorway* The European Commission has approved under EU State aid rules a Croatian plan to prolong the Istrian Y motorway concession agreement between Croatia and the company Bina-Istra. (...)

The French Administrative Court of Appeal for Nantes annuls a recovery order on the grounds that rights of the defence were infringed by denying the aid beneficiary a right of reply regarding the calculation of recovery order (Vergers de Chateaubourg)
Clifford Chance (Brussels)
Belgium 8 contributions 138 visits
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4 contributions 67 visits
On 16 December 2003, the European Commission (the "Commission") requalified a disposition of the French tax code as an unlawful aid. This disposition, article 44 septies, allowed legal entities incorporated to acquire failing companies active in the industrial sector to be partially exempted (...)

Procedures

 The Belarusian Antimonopoly Regulation and Trade Ministry releases a notice on the terms of agreements signed between the State and undertakings in dominant position
Intuit (Paris)
1 contribution 136 visits
On 29 June 2018 Antimonopoly Regulation and Trade Ministry of the Republic of Belarus released a special notice on the terms of the agreements signed between the State and the companies in the dominant position. As of 3 August 2018 the State has a possibility to sign an agreement in order to (...)

The German Federal Constitutional Court upholds limitations to the prohibition of seizure of evidence at law firms (Volkswagen)
White & Case (Hamburg)
Germany 10 contributions 36579 visits
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White & Case (Berlin)
Germany 1 contribution 97 visits
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White & Case (Frankfurt)
Germany 1 contribution 97 visits
The protection from seizure by law enforcement, which the client-attorney privilege affords to the findings gathered by lawyers who are commissioned with internal investigations at businesses, has narrow limits. The affiliate of a law firm’s client has been denied protection from seizure by the (...)

The Moldovan Competition Authority applies the ne bis in idem principle in the investigation of abuse of dominance in the electricity market (Gas Natural Fenosa Furnizare)
University of Macau - Faculty of Law (Macau)
China 283 contributions 222966 visits
On 21 June 2018 the Competition Council of the Republic of Moldova (CC) has concluded its investigation into the alleged abuse of dominant position in the form of refusal to deal on the part of the electricity supplier Gas Natural Fenosa Furnizare Energie SRL. Based on the principle of ne bis (...)

The Turkish Competition Authority fines a company for obstructing an on-site inspection by cutting off electricity and preventing internet access (Mosaş)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 151 contributions 69572 visits
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Kia (Frankfurt)
Germany 6 contributions 2523 visits
Background The Turkish Competition Board (“Board”) initiated a preliminary investigation on March 8, 2018 (Decision No. 18-07/124-M), in the traffic signalization sector. Subsequently, the Turkish Competition Authority’s (“TCA”) case handlers conducted an on-site inspection on June 5, 2018, at the (...)

The US Supreme Court accepts a claim as the opportunity to revisit its rules on antitrust claims by indirect purchaser (Apple / Pepper)
Amadeus (Madrid)
Spain 1 contribution 88 visits
On June 18, 2018, the U.S. Supreme Court accepted Apple’s petition for certiorari in Apple Inc. v. Pepper, appealing the Ninth Circuit’s decision that Apple is, by contract, the exclusive distributor of iPhone applications (“apps”) through the online Apple App Store platform, from which consumers (...)

The US Supreme Court says that judges who determine foreign law in federal courts are not strictly bound by foreign government’s statements (Animal Science Products / Hebei Welcome Pharmaceutical)
Bona Law (San Diego)
United States 20 contributions 3372 visits
In an antitrust case deciding a non-antitrust-specific issue, the US Supreme Court held in Animal Science Products, Inc. v. Hebei Welcome Pharmaceutical Co.(the Vitamin C Antitrust Litigation) that to determine foreign law in federal courts, judges are not strictly bound by that foreign (...)

The US Supreme Court holds that federal courts should accord respectful consideration to foreign government submissions when analyzing comity issues but are not bound by them (Animal Science Products / Hebei Welcome Pharmaceutical)
Crowell & Moring (Washington)
United States 16 contributions 2304 visits
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McDermott Will & Emery (Washington)
United States 10 contributions 1165 visits
Supreme Court Clarifies Principles of International Comity in Vitamin C Ruling* Alert: The Supreme Court clarified the principles of international comity this week in a ruling pertaining to the long-running vitamin C antitrust class action litigation. International comity is the recognition a (...)

The US Supreme Court states that a federal court is not bound by the official interpretation of the foreign law even if it is relevant (Animal Science Products / Hebei Welcome Pharmaceutical)
Wolters Kluwer (Riverwoods)
United States 78 contributions 38444 visits
Supreme Court Clarifies Deference Owed a Foreign Government* In a decision that will have a significant impact on antitrust enforcement, particularly private damages actions against international cartels, a unanimous Supreme Court ruled that a federal court considering a case in which foreign (...)

The US Supreme Court rules, concerning a class action for conspiracy to fix vitamin prices, that federal courts determining foreign law are not bound by the foreign government’s interpretation of that law (Animal Science products / Hebei Welcome Pharmaceutical)
Norton Rose Fulbright (New York)
United States 1 contribution 123 visits
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Norton Rose Fulbright (Houston)
United States 1 contribution 123 visits
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Norton Rose Fulbright (Houston)
United States 1 contribution 123 visits
This article has been nominated for the 2019 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. In an opinion issued on June 14, 2018, the United States Supreme Court addressed the effect U.S. courts should give to a foreign government’s interpretation of (...)

The US Supreme Court vacates the Court of Appeals’ ruling and declares that submissions by foreign governments on their law must be accorded respect but are not binding (Animal Science Products / Hebei Welcome Pharmaceutical)
Washington University in Saint Louis
United States 1 contribution 12 visits
This article has been nominated for the 2022 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On 14 June 2018, the U.S. Supreme Court vacated the judgment of the Court of Appeals for the Second Circuit involving a number of Vitamin C exporters from China, (...)

The Canadian Court of Appeal accepts additional defendants in a price-fixing class action against major banks (Mancinelli / Royal Bank of Canada)
Affleck Greene McMurtry (Toronto)
Canada 2 contributions 624 visits
Court Of Appeal Adds Banks To FX Price Fixing Class Action* In overturning a lower court decision, the Ontario Court of Appeal ruled that TD Bank and BMO would be added as defendants in a price fixing class action against major banks. The case was Mancinelli v. Royal Bank of Canada. The (...)

The Canadian Court of Appeal clarifies the application of the discoverability principle and makes it easier for plaintiffs to add defendants (Mancinelli / Royal Bank of Canada)
Steve Szentesi Law Corporation (Vancouver)
Canada 55 contributions 14035 visits
Ontario Court of Appeal Makes It Easier For Plaintiffs to Add Defendants Under Competition Act Limitation Provision* The Ontario Court of Appeal recently issued a significant decision in Mancinelli v. Royal Bank of Canada, 2018 ONCA 544 (C.A.), in which the Court clarified the application of (...)

The EU Court of Justice rejects an appeal against the publication by the Commission of confidential information (Nexans)
Court of First Instance of Namur (Namur)
Belgium 225 contributions 45465 visits
On 12 June 2018, the Court of the Justice of the European Union (“ECJ”) rejected the appeal lodged by Nexans against the Order of the President of the General Court of 23 November 2017, which had rejected Nexans’ request to prevent the publication by the Commission of confidential information in (...)

The EU Court of Justice rejects a cartel participant’s appeal concerning the inclusion of allegedly confidential information in the non-confidential version of the infringement decision (Nexans)
McDermott Will & Emery (Brussels)
Belgium 42 contributions 6858 visits
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McDermott Will & Emery (Paris)
France 119 contributions 60876 visits
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Norton Rose Fulbright (Brussels)
Belgium 37 contributions 6507 visits
By order of 12 June 2018, the Vice President of the CJEU dismissed the appeal lodged by Nexans France SAS and Nexans SA (collectively, Nexans) against the order of the President of the GCEU of 12 July 2017. The latter rejected Nexans’s application for an interim injunction to prevent the EC from (...)

The Canadian Competition Bureau provides guidance on influencer marketing, made in Canada claims and savings claims
Steve Szentesi Law Corporation (Vancouver)
Canada 55 contributions 14035 visits
New Competition Bureau Guidance on Influencer Marketing, Made in Canada Claims and Savings Claims* The Competition Bureau (Bureau) has published the fourth volume of its Deceptive Marketing Practices Digest (Marketing Digest), which provides guidance from the Bureau on influencer marketing, (...)

The OECD holds a roundtable on leniency programmes
OECD - Competition Division (Paris)
France 308 contributions 1201334 visits
1. Introduction 1. Detection and punishment of hard core cartels has been a priority of antitrust enforcement since many years, as they represent one of the most serious violations of competition law, harming consumers and the economy as a whole alike. However, it is difficult to detect such (...)

Regulatory

 The Dutch Competition Authority launches a sector inquiry into anti-rheumatic drugs
Netherlands Authority for Consumers & Markets (ACM) (The Hague)
Netherlands 191 contributions 31597 visits
ACM has launched a sector inquiry into anti-rheumatic drugs* The Netherlands Authority for Consumers and Markets (ACM) has launched a sector inquiry into TNF inhibitors, a type of drug mainly used to treat rheumatism. TNF inhibitors are, in the Netherlands and globally, a type of prescription (...)

The French Competition Authority is asked for an opinion in the audiovisual sector by the Commission of Cultural Affairs and Education
French Competition Authority (Paris)
France 709 contributions 361651 visits
Audiovisual sector* The Autorité de la concurrence has been asked for an opinion in the audiovisual sector by the Commission of Cultural Affairs and Education (Commission des Affaires culturelles et de l’Education) of the National Assembly The Commission of Cultural Affairs and Education of the (...)

The French Competition Authority is asked for an opinion by the Government regarding the import and distribution of consumer goods in the French overseas departments
French Competition Authority (Paris)
France 709 contributions 361651 visits
French overseas territories* The Autorité de la concurrence has been asked for an opinion by the Government regarding the import and distribution of consumer goods in the French overseas departments The Ministry of Finance and Economy submitted a request, on behalf of the Government, to the (...)

The UNCTAD Secretary-General tells Latin American national competition authorities they must band together to tame the abusive power of big tech in the global digital economy
United Nations Conference on Trade and Development (UNCTAD)
Switzerland 12 contributions 693 visits
Unity needed to shield people and markets from digital giants* UNCTAD Secretary-General tells Latin American consumer protection and competition authorities they must band together to tame the abusive power of dominant players in the global digital economy. The best way to shield people and (...)

The OECD holds a roundtable on e-commerce
OECD - Competition Division (Paris)
France 308 contributions 1201334 visits
1. Introduction 1. E-commerce – broadly, buying and selling online – is a global phenomenon and an important expanding distribution mechanism across the OECD. During the last decade, e-commerce activities have been growing both in the demand and supply side, as seen by the increasing number of (...)

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