March 2019

Anticompetitive practices

The French Competition Authority carries out unannounced inspections in the sector of engineering, maintenance, decommissioning and waste treatment services for nuclear installations
French Competition Authority (Paris)
Dawn raids* The General Rapporteur of the Autorité de la concurrence indicates that unannounced inspections have been carried out in the sector of engineering, maintenance, decommissioning and waste treatment services for nuclear installations Following authorisation from the liberty and (...)

The German Competition Authority fines eight providers of magazine lending services for concluding customer allocation agreements (Daheim / Brabandt / Dörsch / Krumbeck / Medien- Palette / Die Hanse / Hettling ́s LeseZirkel / Hettling)
German Competition Authority (Bonn)
Eight providers of magazine lending services fined on account of unlawful customer allocation agreements* The Bundeskartellamt has imposed fines amounting to approx. three million euros on eight magazine lending service providers. The companies are accused of having concluded illegal customer (...)

The EU Commission fines a credit card company €570 million for limiting retailers’ access to cross-border payment services (Mastercard II)
Van Bael & Bellis (Brussels)
On 22 January 2019, the European Commission (“Commission”) announced that it had imposed a fine of € 570,566,000 on Mastercard for preventing banks from offering lower interchange fees to retailers located in another EEA Member State, in breach of EU competition rules. Mastercard is the second (...)

The Indian Competition Authority fines 2 sellers of dry cell batteries for participating in bilateral "ancillary" cartel from the standpoint of consumers (Panasonic / Godrej / Boyce)
Vaish Associates, Advocates (New Delhi)
CCI imposes penalty on Godrej and Boyce for being a member of bilateral “ancillary” cartel* The Competition Commission of India (“CCI/ Commission”), by way of order dated 15.01.2019, has imposed a penalty of INR 85,01,364/-on Godrej and Boyce manufacturing Co. Limited (“Godrej”) for acting in (...)

The Indian Competition Authority re-imposes fine on a professional association for limiting supply with its certification requirements in the pharmaceutical industry (Vedanta Bio Sciences Vadodara / Chemists and Druggists Association of Baroda)
Vaish Associates, Advocates (New Delhi)
CCI Imposes Penalty on Chemists and Druggists Association of Baroda* CCI, by way of order dated 15.01.2019 has found the Chemists and Druggists Association of Baroda (‘CDAB’) to be in contravention of the Act by indulging in the activity of limiting and controlling the supply of drugs and (...)

The Indian Competition Authority dismisses allegations of resale price maintenance against a manufacturer and seller of kitchen appliances due to lack of witnesses and manufacturer’s distribution rights (Snapdeal / Jasper Infotech / Kaff Appliances)
Vaish Associates, Advocates (New Delhi)
CCI finds no evidence of resale price maintenance on sale of KAFF appliances on Snapdeal* CCI, by way of order dated 15.01.2019 under Section 26(6) the Act, has dismissed allegations of Resale Price Maintenance (“RPM”) against Kaff Appliances (India) Pvt. Ltd. ( “KAFF/ OP”).The information was (...)

The EU Commission fines a clothing company for restricting retailers from online advertising and selling cross-border to consumers in other Member States (Guess)
McDermott Will & Emery (Paris)
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McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Brussels)
On 17 December 2018, the EC announced its decision to fine the clothing and accessories company Guess EUR 39.821 million for restricting retailers from online advertising and selling cross-border to consumers in other Member States. By doing so the company was able to maintain artificially high (...)

The Indian Competition Authority does not find "product information service" charges anticompetitive in the pharmaceutical industry because they are not mandatory (RDCA Retail / Dispensing Chemists Association)
Vaish Associates, Advocates (New Delhi)
CCI exonerates RDCA of anti-competitive conduct in pharmaceutical market- disagrees with findings of the DG* The CCI, by way of an order dated November 8, 2018 exonerated Retail and Dispensing Chemists Association, located in Mumbai (“RDCA”) on allegations of limiting and controlling free supply (...)

The Indian Competition Authority for the first time exonerates parties from allegations of cartelization despite the parties admitting coordination in the Flashlight Market (Eveready / Panasonic / Indo National / Geep / AIDCM)
Vaish Associates, Advocates (New Delhi)
CCI holds that mere information exchange by itself is not anti-competitive, in spite of leniency applications filed* The Competition Commission of India (”CCI”) by way of an order dated November 6, 2018 has exonerated Eveready Industries India Limited (“Eveready”), Panasonic Energy India Co. Ltd. (...)

The Indian Competition Authority dismisses cartel allegations against taxi app drivers because they were just following the algorithm pricing and not actively colluding to fix prices (Samir Agrawal / ANI Technologies / Uber India)
Vaish Associates, Advocates (New Delhi)
CCI closes allegation of cartelization between taxi aggregators* By way of an order dated November 6, 2018, the CCI dismissed allegations of concerted action against Ola and Uber Group (OPs). Allegations were levelled against the pricing algorithm adopted by the OPs which allegedly manipulated (...)

The EU Court of Justice refers a case back to the General Court to reconsider the possibility of mitigating circumstances on the fine calculation (Infineon)
McDermott Will & Emery (Paris)
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McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Brussels)
CJEU REFERS SMART CARD CHIPS CARTEL CASE BACK TO GCEU, DISMISSES PHILIPS APPEAL On 26 September 2018, the CJEU considered that the GCEU had not taken into account certain possibly mitigating circumstances—namely the relatively small number of Infineon’s unlawful contacts with other cartel (...)

The Indian Competition Authority fines manufacturers associations for bid rigging in public procurement program for ethanol, ignoring market economics (ISMA Indian Sugar Mills Association / EMAI Ethanol Manufactures Association of India)
Vaish Associates, Advocates (New Delhi)
CCI imposes penalty on Sugar mill manufacturers and Trade Associations (ISMA and EMAI) for collusive bidding in Government tender under the Ethanol Blending Programme* The Competition Commission of India (CCI/Commission) vide order dated September 18, 2018 has imposed heavy monetary penalties (...)

Unilateral Practices

The German Competition Authority prohibits a social network company in dominant position from combining its user data from different sources (Facebook)
German Competition Authority (Bonn)
Bundeskartellamt / Digital Economy Bundeskartellamt prohibits Facebook from combining user data from different sources* Bonn, 7 February 2019: The Bundeskartellamt has imposed on Facebook far-reaching restrictions in the processing of user data. According to Facebook’s terms and conditions (...)

The German Competition Authority orders a social network company to stop collecting and matching data of its users without explicit consent as it constitutes an abuse of dominance (Facebook)
Heinz & Zagrosek (Köln)
Bundeskartellamt hits „don’t like“-button on Facebook* On February 7, 2019, Germany’s Federal Cartel Office (“FCO”) issued its long-awaited decision in the Facebook case, see press release and background paper in English here. It qualifies Facebook’s current practice of collecting and matching data (...)

The German Competition Authority holds that matching the data collected by a social network company constitutes an antitrust violation (Facebook)
International Center for Law & Economics (Portland)
Doing double damage: The German competition authority’s Facebook decision manages to undermine both antitrust and data protection law* The German Bundeskartellamt (Federal Cartel Office or FCO) this week reached a decision in its nearly 3-year-old Facebook investigation. The decision appears to (...)

The German Competition Authority finds that merging of user data from multiple sources to be both anti-competitive and in breach of the GDPR (Facebook)
Simmons & Simmons (London)
In one of the first decisions to consider data protection and competition issues side by side, the German competition regulator (the Bundeskartellamt) last week found that Facebook had both abused its market power in Germany and breached EU data protection laws in the way in which it collects (...)

The German Competition Authority finds that the data gathering practices of a social network are an abuse of its dominant position so orders amendments in the data processing policy (Facebook)
Van Bael & Bellis (Brussels)
On 6 February 2019, the German Federal Cartel Office (“FCO”) concluded administrative proceedings concerning the data gathering practices of Facebook Inc., Facebook Ireland and Facebook Germany (together “Facebook”). The FCO found that Facebook abused its dominant position by making the private use (...)

The Turkish Competition Authority finds that a distributor and aftersales service provider of cancer diagnosis and treatment devices abused its dominant position through excessive pricing and refusal to supply (Radontek Medikal / Duzey)
ACTECON (Istanbul)
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ACTECON (Istanbul)
On 1 February 2019, Turkish Competition Authority (“TCA”) published its reasoned decision regarding the full-fledged investigation conducted against Radontek Medikal İthalat İhracat San. ve Tic. Ltd. Şti. (“Radontek Medikal”) upon a complaint submitted to the TCA by Düzey Tıbbi Sistemler Bilgisayar ve (...)

The French Competition Authority orders a search engine company to review and clarify the rules of its online advertising service (Google)
Van Bael & Bellis (Brussels)
On 31 January 2019, the French Competition Authority (the “FCA”) ordered Google to review the rules of its Google Ads service. The FCA’s Order follows a complaint by Amadeus, an operator of online enquiry services – such as “a directory that provides call or text numbers for business/ residential (...)

The Belgian Competition Authority fines a distributor of infrared cabins for resale price maintenance (HM Products Benelux)
Van Bael & Bellis (Brussels)
On 24 January 2019, the Investigation and Prosecution Service of the Belgian Competition Authority (the “BCA”) imposed a € 98,000 fine on HM Products Benelux (“HM”) for engaging in resale price maintenance (“RPM”). HM imports and distributes infrared cabins of the HealthMate brand in the Benelux. The (...)

The Paris Court of Appeal orders obligations imposed on a retailer by the Competition Authority to be suspended until it has ruled on the retailer’s appeal against the Authority’s infringement decision (STIHL)
Van Bael & Bellis (Brussels)
On 23 January 2019, the Paris Court of Appeal ordered the suspension of the obligations imposed by the French Competition Authority on STIHL in its decision of 24 October 2018 (the “Decision”). This order requiring the suspension (the “Order”) is to remain in effect until the Court rules on the (...)

The Swedish Patent and Market Court upholds the Competition Authority’s decision requiring a recycling station operator to extend an agreement with its competitor (FTI)
Van Bael & Bellis (Brussels)
On 21 January 2019, the Swedish Patent and Market Court (the “Court”) upheld a decision of the Swedish Competition Authority (“SCA”) that required an operator of recycling stations for household waste to extend an agreement with its competitor. The Swedish Packaging and Newspapers Collection (...)

The Indian Competition Authority closes case of alleged discriminatory access to market currently in front of Securities Exchange Board of India due to insufficient evidence for a prima facie decision (Advocate Jitesh Maheshwari / National Stock Exchange of India)
Vaish Associates, Advocates (New Delhi)
CCI cedes jurisdiction to SEBI to decide upon complaint of abuse of dominance against National Stock Exchange* The Commission, in a surprise turn from its previous position in so many cases before, by way of order dated 07.01.2019, decided not to inquire into allegations of abuse of dominance (...)

The Indian Competition Authority opens investigation into abuse of dominance by national railway company (IRCTC Indian Railway Catering and Tourism Corporation)
Vaish Associates, Advocates (New Delhi)
CCI directs investigation on allegation of abuse of dominance by IRCTC* By way of order dated November 9, 2018 under Section 26(1) of the Act, CCI directed the DG to investigate the Ministry of Railways, Indian Railway Catering and Tourism Corporation Ltd (the Opposite Parties), for alleged (...)

The Indian Competition Authority opens investigation into abuse of dominance by processors manufacturer for not sharing manufacturing information with a server manufacturer (Velankani Electronics / Intel)
Vaish Associates, Advocates (New Delhi)
CCI directs investigation against Intel for abuse of dominant position* The CCI by way of order dated November 9, 2018 under section 26(1) of the Act, directed the DG to investigate Intel Corporation (the Opposite Party/ OP/Intel) for alleged abuse of dominant position in the market for (...)

The Indian Competition Authority finds no abuse of dominance in long-term contracts by dominant firm because plaintiffs had the option of shorter contracts (GAIL India)
Vaish Associates, Advocates (New Delhi)
CCI finds no abuse of dominance by GAIL in enforcing one-sided clauses in long-term supply contracts in the natural gas market* The CCI by way of order dated November 8, 2018 exonerated GAIL (India) Ltd (of allegations of abusing its dominant position in the Re-gasified Liquified Natural Gas (...)

The Indian Competition Authority dismisses abuse of dominance allegations in the market for online marketplace platforms because it finds no dominance in the relevant market (All India Online Vendors Association / Flipkart India)
Vaish Associates, Advocates (New Delhi)
CCI defines online sale platform as a separate relevant market -holds neither Flipkart nor Amazon as dominant in the market for online marketplace platforms* CCI, by way of order dated 06.11.2018 has dismissed allegations against Flipkart India Private Limited (“Flipkart India”) and Flipkart (...)

The Indian Competition Authority fines MRI manufacturer for abuse of dominance, with the Chairman dissenting due to different market definition that would conclude no dominance (House of Diagnostics / Esaote Asia Pacific)
Vaish Associates, Advocates (New Delhi)
CCI imposes penalty on Esaote SPA and its Indian subsidiary for abusing its dominant position in the sale of specialized MRI machines* The CCI vide its order dated September 27, 2018 has imposed a penalty of INR 9.33 lakhs on Esaote S.p.A and its Indian subsidiary, Esaote Asia Pacific (...)

The Turkish Competition Authority finds the bundled sales of a telecommunication company not to be anti-competitive (TTNET)
ACTECON (Istanbul)
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ACTECON (Istanbul)
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ACTECON (Istanbul)
Turkish Competition Authority to Shape the Future of Multi-Play Services in Telecommunication Industry [TTNET] INTRODUCTION On 21 December 2018, Turkish Competition Authority (“TCA”) published its decision regarding the investigation conducted against TTNET A.Ş. (“TTNET”), the leading internet (...)

Mergers

The US Court of Appeals for the D.C. Circuit upholds a district Court decision finding a merger in the video distribution sector unlikely to harm competition (AT&T / Time Warner)
McDermott Will & Emery (Washington)
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McDermott Will & Emery (Washington)
“[T]here is no need to opine on the proper legal standards for evaluating vertical mergers because, on appeal, neither party challenges the legal standards the district court applied.” —U.S. Circuit Judge Judith W. Rogers, United States v. AT&T Inc. Antitrust practitioners and business (...)

The EU Commission issues first ever Statement of objections for breaching a merger commitment in the telecommunication sector (Telefonica Deutschland)
Van Bael & Bellis (Brussels)
On 22 February 2019, the European Commission (“Commission”) sent a Statement of Objections to Telefónica Deutschland alleging that it breached a commitment offered in order to secure the Commission’s approval of its acquisition of E-Plus (see VBB on Competition Law, Volume 2014, No. 7). In (...)

The EU Commission alleges a telecommunication company has breached its remedies following the clearance of its merger (Telefonica Deutschland)
DG COMP (Brussels)
Mergers: Commission alleges Telefónica breached commitments given to secure clearance of E-Plus acquisition* The European Commission has sent a Statement of Objections to Telefónica Deutschland alleging the company breached commitments it offered to secure the Commission’s approval under the EU (...)

The US FTC announces that it will raise the Hart Scott Rodino Act jurisdictional and filing fee thresholds
Morgan Lewis (New York)
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Morgan Lewis (Washington)
Transactions closing in mid-March will be subject to increased HSR Act jurisdictional and filing fee thresholds. On February 15, the Federal Trade Commission (FTC) announced that it will raise the Hart­Scott­Rodino Act (HSR Act) jurisdictional and filing fee thresholds. Any transaction closing (...)

The US FTC announces the annual update of thresholds for premerger notification filings
Skadden, Arps, Slate, Meagher & Flom (New York)
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Skadden, Arps, Slate, Meagher & Flom (Washington DC)
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Skadden, Arps, Slate, Meagher & Flom (New York)
On February 15, 2019, the Federal Trade Commission (FTC) announced the revised thresholds for determining whether companies are required to notify federal antitrust authorities about a transaction under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (HSR Act). If a (...)

The EU Commission clears a merger subject to remedies in the aquaculture sector (Amerra and Mubadala / Andromeda / Nireus and Selonda)
DG COMP (Brussels)
Mergers: Commission approves the acquisition of joint control of Andromeda, Nireus and Selonda by Amerra and Mubadala, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the acquisition of joint control over Andromeda, Nireus and Selonda, all active in (...)

The EU Commission clears a merger subject to remedies in the flexible packaging for medical use and for food products sectors (Amcor / Bemis)
DG COMP (Brussels)
Mergers: Commission approves merger between Amcor and Bemis, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the merger between Amcor and Bemis. Both companies manufacture flexible packaging products worldwide. The approval is conditional on the (...)

The French Competition Authority re-examines and eases merger remedies made by a leading pay TV provider on internet (Canal+ International)
French Competition Authority (Paris)
Pay TV in French overseas departments and regions* The Autorité de la concurrence has re-examined the commitments made by Canal+ International as part of the take-over of Mediaserv (now Canal+ Telecom) in 2014. Certain obligations have been maintained to preserve the competitive dynamic. (...)

The Mexican Competition Authority clears a merger in the entertainment industry subject to structural remedies (Disney / Fox)
Mexican Competition Authority (Mexico City)
Clarification on Disney/Fox transaction* Mexico City, February 6, 2019.- In August 2018, the Walt Disney Company (Disney) and Twenty-First Century Fox (Fox) notified, both the Federal Economic Competition Commission (COFECE or Commission) and the Federal Institute for Telecommunications (...)

The EU Commission prohibits a merger between producers of rolled copper products (Wieland / Aurubis / Schwermetall)
Van Bael & Bellis (Brussels)
On 6 February 2019, the European Commission (“Commission”) prohibited Wieland’s proposed acquisition of Aurubis. Both companies are producers of rolled copper products, a key input for many industries, including for parts used in electric cars, trains and electronic devices. The Commission’s (...)

The EU Commission prohibits a merger in the market of railway signalling systems and very high-speed trains (Siemens / Alstom)
DG COMP (Brussels)
Mergers: Commission prohibits Siemens’ proposed acquisition of Alstom* The European Commission has prohibited Siemens’ proposed acquisition of Alstom under the EU Merger Regulation. The merger would have harmed competition in markets for railway signalling systems and very high-speed trains. The (...)

The EU Commission prohibits a merger in the rolled copper products market (Wieland / Aurubis / Schwermetall)
DG COMP (Brussels)
Mergers: Commission prohibits Wieland’s proposed acquisition of Aurubis Rolled Products and Schwermetall* The European Commission has prohibited, under the EU Merger Regulation, Wieland’s proposed acquisition of Aurubis Rolled Products and Aurubis’ stake in Schwermetall. It had serious concerns (...)

The EU Commission prohibits a merger in the railway sector and reaffirms that industrial policy objectives have no role to play when it comes to applying the EU merger control rules (Siemens / Alstom)
McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Paris)
BIGGER IS BETTER . . . OR MAYBE NOT: THE SIEMENS/ALSTOM RAILWAY ME* The European Commission recently reaffirmed that industrial policy objectives have no role to play when it comes to applying the EU merger control rules. Despite unusually intense industrial and political pressure to get the (...)

The EU Commission prohibits a merger in the market for railway signalling and very high-speed trains (Siemens / Alstom)
Van Bael & Bellis (Brussels)
On 6 February 2019, the European Commission (“Commission”) prohibited Siemens’ proposed acquisition of Alstom under the EU Merger Regulation. The deal would have combined Siemens’ and Alstom’s transport equipment and service activities in a new company fully controlled by Siemens. According to the (...)

The Canadian Competition Bureau announces its 2019 Pre-merger notification thresholds
Université d’Ottawa - University of Ottawa
Canada’s Competition Bureau (the “Bureau”), which assists the Commissioner of Competition in the administration and enforcement of the Competition Act (the “Act”), announced on 31 January 2019 that the 2019 pre-merger notification threshold for acquiring an undertaking will be $96 million (CAN), up (...)

The Indian Competition Authority approves purchase of 40% equity share in non-life insurer by international insurer with only life insurance business in the country (Ageas / RSGI Royal Sundaram General Insurance)
Vaish Associates, Advocates (New Delhi)
CCI approves acquisition of 40% equity share capital of Royal Sundaram General Insurance Company Limited by Ageas* By way of order dated 19.12.2018, the Commission has approved the acquisition of 40% equity share capital of Royal Sundaram General Insurance Company Limited (“RSGI/ Target”) by (...)

The Indian Competition Authority clears investment company’s acquisition of optionally convertible preferential stock in an engineering company, equivalent to 34.65% of common shares (Integral / Toyo Engineering)
Vaish Associates, Advocates (New Delhi)
Integral Corporation acquires optionally convertible preferential stock in Toyo engineering Corporation* The Commission, by way of order dated 19.12.2018, has approved the acquisition of optionally convertible preferential stock (without voting rights) of Toyo Engineering Corporation (...)

The Indian Competition Authority clears acquisition of 100% stake in foreign company’s subsidiary’s 4 target businesses by 2 domestic companies in the same trust group in the food sector (Heinz India / Cadila / Zydus)
Vaish Associates, Advocates (New Delhi)
Zydus/Cadila acquire 100 percent shareholding of Heinz India* CCI, by way of order dated 06.12.2018, approved the acquisition of Heinz India from Heinz Italia and Heinz Europe by Zydus/Cadila. By way of the acquisition, Zydus/Cadila (“acquirers”) acquired businesses relating to four brands (...)

The Indian Competition Authority approves international gas company’s acquisition of 100% stake in 2 local liquified natural gas joint ventures (Shell Gas / HLPL Hazira LNG / HPPL Hazira Port)
Vaish Associates, Advocates (New Delhi)
Shell Gas B.V acquire 100% shares and sole control of HPPL and HLPL* CCI, by way of order dated 06.12.2018, approved the acquisition of (i)26% shares in Hazira LNG Private Limited (“HLPL”) and (ii) 26% shares in Hazira Port Private Limited (“HPPL”), by Shell Gas B.V (“Shell”) from Total Gas (...)

The EU Union submits a note on the suspensory effects of merger notifications and gun-jumping as part of OECD roundtable discussions
Kirkland & Ellis (London)
The EU OECD paper on gun-jumping* Gun-jumping is a “hot topic” and increasingly on the radar of competition authorities in Europe and across the globe. As part of the OECD roundtable discussions, the European Union (and a number of other countries) recently submitted a note on the suspensory (...)

The Indian Competition Authority clears acquisition of a global conglomerate’s rail business by another conglomerate due to limited effects in India (Siemens / Alstom)
Vaish Associates, Advocates (New Delhi)
CCI approves acquisition of sole control of Alstom by Siemens* CCI by way of its order dated November 1, 2018 has approved the acquisition of Alstom S.A (“Alstom”) by the mobility business of Siemens Aktiengesellschaf (“Siemens”). The parties had entered into a Business Combination Agreement (...)

Procedures

The US Court of Appeals for the Third Circuit Court dismisses a complaint only based on past conduct against a pharmaceutical company (Shire Viropharma)
Dechert (Philadelphia)
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Dechert (Philadelphia)
On February 25, 2019, the Third Circuit held that the Federal Trade Commission cannot bring litigation in federal court based on past conduct, absent factual allegations demonstrating that a defendant “is violating or is about to violate” the laws enforced by the FTC. In doing so, the court (...)

The Indian Supreme Court upholds Bombay High Court decision and clarifies jurisdiction between sectoral and competition regulator in telecommunications markets (Reliance Jio / Bharti Airtel / Idea Cellular / Vodafone India)
Vaish Associates, Advocates (New Delhi)
Supreme Court clears the jurisdictional conflict between CCI & TRAI- dismisses CCI and Jio appeals* The Hon’ble Supreme Court by way of its judgement dated 05.12.2018 has finally cleared the uncertainty surrounding the jurisdiction of CCI and TRAI (Telecom Regulatory Authority of India). (...)

The EU Data Protection Supervisor, EU Commission, and EU Parliament clarify how data protection law applies to competition investigations
McDermott Will & Emery (Paris)
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McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Brussels)
The application of the GDPR from 5 May 2018 has had a significant impact on the way companies manage their data in various areas. In the field of competition, the GDPR might well cause companies that face competition investigations to wonder whether they should provide personal data in (...)

The High Court of Delhi rejects a company’s appeal and clarifies a number of procedural issues including the period when the recall application can be filed (Cadila Healthcare)
Vaish Associates, Advocates (New Delhi)
Delhi High Court Division Bench clears procedural and jurisdictional issues in antitrust enquiry by the CCI* In a landmark judgement dated September 12, 2018, on a LPA filed by Cadila Healthcare Limited (“Cadila”), the division bench of the Delhi High Court, comprising of Justice S. Ravindra (...)

Regulatory

The French Competition Authority issues its opinion on audiovisual sector in which it takes into account the emergence of online video platforms
French Competition Authority (Paris)
Audiovisual sector* In the context of the reform of the audiovisual sector, the Committee on Cultural Affairs and Education of the French National Assembly (Assemblée nationale) referred this matter to the Autorité de la concurrence, which today delivers its opinion. In the face of the digital (...)

The South African Government publishes draft Regulations in relation to the South African Competition Amendment Act which seeks to clarify price discrimination prohibition and buyer power provisions
Nortons (Sandton)
SOUTH AFRICA: OVERVIEW OF THE PRICE DISCRIMINATION AND BUYER POWER DRAFT REGULATIONS* The South African Competition Amendment Act was signed into law by the President on 13 February 2019. Two of the contentious aspects which were raised during the drafting of the Amendment Bill related to the (...)

The EU Parliament and Council adopt a directive to empower the competition authorities of the Member States to be more effective enforcers and to ensure the proper functioning of the internal market (ECN +)
McDermott Will & Emery (Paris)
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McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Brussels)
On 4 December 2018, the Council adopted the Directive 2019/1 to enable Member State competition authorities to be more effective enforcers (ECN+). This adoption followed an agreement reached with the European Parliament at first reading. In March 2017, the EC published a proposal for a new (...)

The EU Parliament, the Council and the EU Commission agree on a Framework for the screening of foreign direct investment on grounds of security or public order
McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Paris)
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McDermott Will & Emery (Brussels)
EUROPEAN PARLIAMENT, COUNCIL AND EC PROPOSE EU FRAMEWORK FOR FOREIGN DIRECT INVESTMENT SCREENING On 20 November 2018, the European Parliament, the Council and the EC agreed on a framework for the screening of foreign direct investment (FDI) on grounds of security or public order. This new (...)

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