May 2019

General antitrust

 The Maltese Government approves amendments of the Competition Act
Fenech & Fenech Advocates (Valletta)
Malta 5 contributions 322 visits
I. Background Following the landmark constitutional judgements in the case of Federation of Estate Agents vs the Director General et, whereby the Constitutional Court decided that it was not constitutionally permissible for an Authority such as the Office for Competition (“OFC”) to impose (...)

The Japanese FTC, Ministry of Economy, Trade and Industry, and Ministry of Internal Affairs and Communications jointly publish reports suggesting an appetite to increase transparency requirements on digital platform businesses
White & Case (Tokyo)
Japan 21 contributions 3460 visits
,
White & Case (Tokyo)
Japan 2 contributions 36 visits
,
White & Case (Tokyo)
Japan 20 contributions 3360 visits
…
On May 21, 2019, the Ministry of Economy, Trade and Industry ("METI"), Japan Fair Trade Commission ("JFTC") and Ministry of Internal Affairs and Communications ("MIC") jointly published reports that provide options for regulation of platform businesses. Following the lead of authorities in (...)

The Danish Competition Authority increases its focus on digital platforms and establishes a new center for this matter
Bird & Bird (Copenhagen)
Denmark 36 contributions 8265 visits
,
Bird & Bird (Copenhagen)
Denmark 23 contributions 2585 visits
On 1 May 2019, the Danish Competition Authority ("DCA") increased its focus on digital platforms by establishing a new center for this matter. The DCA has found it necessary to establish this center as digital platforms play an increasing role in trade with goods and services. The purpose of (...)

Anticompetitive practices

 The Croatian Competition Authority opens an infringement proceeding against a mass retailer following the detection of several possibly contestable provisions in its contracts concluded with its suppliers (PEMO)
Croatian Competition Agency (Zagreb)
Croatia 120 contributions 19882 visits
CCA opens UTPs infringement proceeding against re-seller PEMO* The Croatian Competition Agency (CCA) opened the infringement proceeding against the undertaking PEMO from Dubrovnik after having detected one or more unclear and possibly contestable provisions in the contracts concluded between (...)

The US DoJ Antitrust Division enters into a rare deferred prosecution agreement, and a first one with a company that is not a bank (Heritage Pharmaceuticals)
Baker Botts (San Francisco)
United States 2 contributions 136 visits
,
Baker Botts (Washington)
United States 4 contributions 455 visits
The Department of Justice (DOJ) routinely relies on deferred prosecution agreements (DPAs) and non-prosecution agreements (NPAs) to resolve corporate criminal investigations. Since 2004, the DOJ has entered into an average of 33 such agreements per year. These agreements allow companies to (...)

The Spanish Competition Authority fines non-university textbook publishers and an association for allegedly creating a mechanism to coordinate commercial policies and terms and conditions of trade (ANELE)
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 47034 visits
The NMCC has declared that the association ANELE and all the publishers under investigation have breached Article 1 SCA and Article 101 TFEU, in relation to (i) the adoption and implementation of ANELE’S Code of Conduct (CoC), which restricted promotional activities; and (ii) digital books, (...)

The Australian Federal Court fines an airline company for colluding on freight charges (Garuda)
Bird & Bird (Sydney)
Australia 21 contributions 2494 visits
,
Bird & Bird (Sydney)
Australia 28 contributions 3486 visits
In May 2019, Australia’s competition regulator, the Australian Competition and Consumer Commission (ACCC), secured two significant victories in the Federal Court against airlines, one for misleading conduct against Jetstar Airways Pty Ltd (Jetstar) in relation to its refund practices, and one (...)

The Spanish Competition Authority fines €33.88 million publishing houses and an association for the application of a mechanism to restrict trade policies and commercial conditions (ANELE)
Bird & Bird (Madrid)
Spain 29 contributions 4766 visits
,
Ecija & Asociados (Madrid)
Spain 20 contributions 2208 visits
On 30 May 2019, the Spanish Competition Authority ("CNMC") imposed a total fine of 33.88 million EUR on the National Association of Text Books and Teaching Materials Publishers ("ANELE") and 34 publishing houses for the application of a mechanism to restrict trade policies and commercial (...)

The Australian Federal Court fines an airline company for engaging into a misleading conduct in relation to its refund practices and makes clear that Australia’s Competition laws apply to international business (Jetstar)
Bird & Bird (Sydney)
Australia 21 contributions 2494 visits
,
Bird & Bird (Sydney)
Australia 28 contributions 3486 visits
In May 2019, Australia’s competition regulator, the Australian Competition and Consumer Commission (ACCC), secured two significant victories in the Federal Court against airlines, one for misleading conduct against Jetstar Airways Pty Ltd (Jetstar) in relation to its refund practices, and one (...)

The French Competition Authority fines companies in the chemical pathology products market for failing to apply the legislative changes brought about by the Lurel Act on the implementation of export agreements (bioMérieux / Guyane Service Médical)
Autorité de la concurrence (Paris)
France 747 contributions 408004 visites
The Autorité has fined the companies bioMérieux and Guyane Service Médical for continuing to implement an exclusive import agreement, after the Lurel Act came into force.* Following information submitted by the Directorate General for Competition Policy, the Autorité issues a new decision (...)

The Belgian Competition Authority fines a pharmaceutical company for implementing anticompetitive practices aimed at excluding another association of pharmacies from the market (Order of Pharmacists)
Bird & Bird (Brussels)
Belgium 42 contributions 12455 visits
,
Allen & Overy (Brussels)
Belgium 28 contributions 3349 visits
,
Bird & Bird (Brussels)
Belgium 13 contributions 2066 visits
The Belgian Competition Authority ("BCA") fined the national Order of Pharmacists EUR 1 million on 28 May 2019, for the use of anticompetitive practices aimed at excluding the Medi-Market Group, an association of (para)pharmacies, from the market for pharmacy services. Previously, the market (...)

The French Competition Authority dismisses an audiovisual media group’s claim regarding priority and pre-emption rights for French-language films (Canal +)
Autorité de la concurrence (Paris)
France 747 contributions 408004 visites
Broadcasting rights for catalogue French films* The Autorité de la concurrence dismisses the case brought by the Canal Plus Group against the practices of TF1, France Télévisions, and M6 on priority and pre-emption rights for French-language films. The Canal Plus Group was claiming that (...)

The Spanish Supreme Court confirms the Competition Authority’s decision in fining a company for agreements and exchange of strategic information on prices (Repsol)
European Commission - DG COMP (Brussels)
Belgium 45 contributions 20816 visits
,
Gómez-Acebo & Pombo (Brussels)
Belgium 51 contributions 29038 visits
,
Basic-Fit (Hoofddorp)
Netherlands 45 contributions 20821 visits
The Spanish Supreme Court has confirmed the penalty against Repsol for anticompetitive practices consisting in agreements and exchange of strategic information on the prices of fuel in Spain. In the judgement, the Supreme Court has upheld the claims of the State Attorney (central government (...)

The EU Commission fines a maker of sports apparel €12M for concluding anticompetitive parallel imports agreements (Nike)
Portolano Cavallo (Milan)
Italy 63 contributions 10265 visits
On March 25, 2019, the European Commission announced the € 12,555,000 fine issued to Nike for breaching European Union and European Economic Area (EEA) competition rules through its licensing and distribution agreements with resellers, more specifically for prohibiting merchants from making (...)

The UK Competition Authority provisionally finds that four pharmaceutical companies broke competition law by agreeing not to compete in the supply of an anti-nausea drug (Alliance Pharmaceuticals / Focus / Lexon / Medreich)
UK Competition & Markets Authority - CMA (London)
Royaume-Uni 406 contributions 100816 visites
Drug firms accused of illegal market sharing over anti-nausea tablets* The CMA has provisionally found that 4 pharmaceutical companies broke the law by agreeing not to compete in the supply of an anti-nausea drug in the UK. In a statement of objections issued today, the Competition and (...)

The French Competition Authority fines a company for dawn raid obstruction by breaching a seal and altering the functioning of a mailbox (Akka)
Bird & Bird (Paris)
France 23 contributions 3316 visits
,
Vaillant Group (Paris)
22 contributions 3453 visits
On 22 May 2019, the French Competition Authority (“FCA”) imposed a EUR 900,000 fine on Akka Technologies (“AT”) for dawn raid obstruction, a first for the FCA. Since 2008, the FCA can impose a fine of up to 1% of a company’s highest worldwide turnover for obstructing its investigations. The (...)

The French Competition Authority fines a company for obstructing the conduct of inspections in the sectors of engineering and technology consulting, IT services and software publishing (Akka Technologies)
Autorité de la concurrence (Paris)
France 747 contributions 408004 visites
Engineering, IT services and software publishing* The Akka technologies Group is fined a total of 900 000 euros for obstructing the conduct of inspections made by the Autorité On 8 November 2018, the Autorité de la concurrence have raided the premises of companies and organisations in the (...)

The UK Competition Appeal Tribunal dismisses a case of alleged abuse of dominance against a tech giant following a request for withdrawal filed by the claimants (Unlockd / Google)
Osborne Clarke (London)
United Kingdom 28 contributions 786 visits
Brief summary of facts Unlockd Ltd and Unlockd Media Technology Ltd (the claimants) develop a software application (app) for users of smartphones using the Android operating system as a means of delivering advertisements to consumers on the unlocking of their Android device. The app is (...)

The Belgian Competition Authority carries out unannounced inspections in the retail sector
Belgian Competition Authority (Brussels)
Belgique 119 contributions 24099 visites
The Belgian Competition Authority confirms the inspections at retail chains* The Investigation and Prosecution Service of the Belgian Competition Authority (BCA) confirms that the BCA is conducting inspections at the premises of some companies active in the retail sector. These companies are (...)

The Hungarian Competition Authority fines a retailer for fixing the online retail prices of its products (Husqvarna Magyarország)
Hungarian Competition Authority (Budapest)
Hungary 94 contributions 19700 visits
The GVH imposes a fine of HUF 100 million on Husqvarna Magyarország Kft. for fixing the online retail prices of its products* The Gazdasági Versenyhivatal (the Hungarian Competition Authority, GVH) imposed a fine of HUF 111 million (approx. EUR 330 thousand) on Husqvarna Magyarország Kft. (...)

The EU Commission imposes fines totaling over €1 billion on banks for their involvement in two separate cartels in the spot foreign exchange markets (Barclays / RBS / Citigroup / JPMorgan / MUFG)
Van Bael & Bellis (Brussels)
Belgique 389 contributions 94710 visites
On 16 May 2019, the European Commission adopted two decisions under its cartel settlement procedure, in which it imposed fines totalling € 1.07 billion on five banks for their involvement in two separate cartels on the spot foreign exchange markets for eleven currencies. The banks involved in (...)

The EU Commission fines five banks for participating in foreign exchange spot trading cartel (Barclays / RBS / Citigroup / JPMorgan / MUFG)
European Commission - DG COMP (Brussels)
Belgique 1361 contributions 2920643 visites
Antitrust: Commission fines Barclays, RBS, Citigroup, JPMorgan and MUFG €1.07 billion for participating in foreign exchange spot trading cartel* In two settlement decisions, the European Commission has fined five banks for taking part in two cartels in the Spot Foreign Exchange market for 11 (...)

The EU Commission imposes a fine of €1.07 billion on five banks for participating in two foreign exchange spot trading cartels in the banking sector (Barclays / RBS / Citigroup / JPMorgan / MUFG)
Bird & Bird (Brussels)
Belgium 42 contributions 12455 visits
On 16 May 2019, in two settlement decisions, the European Commission ("EC") has fined Barclays, RBS, Citigroup, JPMorgan and MUFG 1.07 billion EUR for participating in two foreign exchange spot trading cartels (see EC press release here). “Foreign exchange spot-trading activities are one of (...)

The Cypriot Competition Authority fines several companies for bid-rigging in the supply and transportation of ready-mix concrete market (Mattheos Ioannou Ready Mix Concrete / C. Kythreotis Skyrodema / Skyramix...)
Commission for the Protection of Competition of the Republic of Cyprus (Nicosia)
Cyprus 64 contributions 8999 visits
The Commission for the Protection of Competition with its decision imposed on the following undertakings: 1. Mattheos Ioannou Ready Mix Concrete Ltd, 2. C.Kythreotis Skyrodema Ltd, 3. Skyramix Ltd, 4. Athinodorou & Poullas Super Beton Ltd, 5.Top Mix Concrete Ltd, 6. I & S Kritonis (...)

The Hungarian Competition Authority publishes a draft of the investigative report after its sector inquiry regarding payment card acquiring services
Bird & Bird (Budapest)
Hungary 18 contributions 2434 visits
,
Bird & Bird (Budapest)
Hungary 16 contributions 2186 visits
On 15 May 2019, the Hungarian Competition Authority (“GVH”) published the draft of the investigative report on its sector inquiry regarding payment card acquiring services in Hungary (the “Draft Report”) investigating the period between 2013 and 2018. The GVH initiated the sector inquiry in (...)

The EU Commission opens investigation into an insurance association in Ireland to assess whether the conditions of access to its Insurance Link data pooling system may restrict competition (Insurance Ireland)
European Commission - DG COMP (Brussels)
Belgique 1361 contributions 2920643 visites
Antitrust: Commission opens investigation into Insurance Ireland data pooling system* The European Commission has opened a formal antitrust investigation into Insurance Ireland to assess whether the conditions of access to its Insurance Link data pooling system may restrict competition, in (...)

The EU Commission opens formal investigation into insurance provider to determine whether its access to a data pooling system may breach EU law competition rules (Insurance Ireland)
Norton Rose Fulbright (Brussels)
Belgium 32 contributions 14156 visits
EU COMMISSION INVESTIGATES INSURANCE INFORMATION EXCHANGE* On May 14, the European Commission announced the opening of a formal antitrust investigation into Insurance Ireland to assess whether the conditions of access to its InsuranceLink data pooling system may restrict competition, in (...)

The EU Commission opens a formal investigation into an association of insurance companies to assess whether competitors were prevented from acessessing its data pool (Insurance Ireland)
Herbert Smith Freehills (Brussels)
Belgique 121 contributions 73587 visites
,
Herbert Smith Freehills (London)
United Kingdom 14 contributions 3048 visits
,
Herbert Smith Freehills (Düsseldorf)
Allemagne 23 contributions 6011 visites
…
On 14 May 2019, the EU Commission ("the Commission") announced that it has opened a formal antitrust investigation into Insurance Ireland, an association of insurance companies active in Ireland ("Investigation"). The association administers a database (Insurance Link), to which its member (...)

The Portuguese Competition Authority confirms dawn raids in the healthcare sector
Portuguese Competition Authority (Lisbon)
Portugal 118 contributions 29979 visits
AdC confirms dawn raids in the healthcare sector* The Autoridade da Concorrência (AdC) - Portuguese Competition Authority confirms it has carried out dawn raids in eight locations of nine entities in the healthcare sector in Lisbon, Porto and Algarve, following suspicions of anticompetitive (...)

The UK Competition Authority disqualifies three former directors of companies involved in a bid rigging cartel in the design, construction and fit-out services market (Robb Simms-Davies / Trevor Hall / Oliver James Hammond)
Herbert Smith Freehills (London)
United Kingdom 45 contributions 9498 visits
,
Herbert Smith Freehills (London)
United Kingdom 14 contributions 3683 visits
,
Herbert Smith Freehills (Brussels)
Belgique 121 contributions 73587 visites
…
On 10th May 2019 the CMA secured the disqualification of three former directors of companies involved in a bid rigging cartel in the design, construction and fit-out services sector. The three directors have given legally binding disqualification undertakings under which they will be banned (...)

The French Competition Authority dismisses the complaint filed by several garage owners against an automobile constructor (Hyundai)
Autorité de la concurrence (Paris)
France 747 contributions 408004 visites
Automotive aftermarket* The Autorité de la concurrence dismisses the complaint filed by several garage owners against Hyundai The complaint filed by the garage owners Three car garages referred a case to the Autorité de la concurrence regarding practices that would have been implemented (...)

The Higher Regional Court of Dusseldorf rules that there is no factual presumption that a company operating in the same market as a cartel will increase its prices due to the so-called umbrella effect (Schienenkartell III)
Hogan Lovells (Munich)
Germany 65 contributions 25470 visits
,
Hogan Lovells (Munich)
Germany 39 contributions 4559 visits
,
Hogan Lovells (Munich)
Germany 34 contributions 1459 visits
…
Brief summary of facts Claimants brought an action for damages against the defendants on the basis of their participation in the rail cartel, which the German Federal Cartel Office had fined in its decision of 18 July 2013. This claim was partially affirmed by the Regional Court. The appeal (...)

The Hague Court of Appeal delivers its judgment on an alleged infringement of a patent essential to the universal mobile telecommunications system standard (Asus / Philips)
Van Bael & Bellis (Brussels)
Belgique 163 contributions 55978 visites
On 7 May 2019, the Court of Appeal of the Hague delivered its judgment in a case pitting Philips against ASUS regarding the alleged infringement of Philips’ European patent EP 1 623 511, which was considered essential to the High Speed Uplink Packet Access (“HSUPA”) protocol of the Universal (...)

The Croatian Competition Authority dismisses a complaint that a company violated competition rules in the transport market (HŽ Infrastruktura)
Croatian Competition Agency (Zagreb)
Croatia 120 contributions 19882 visits
HŽ Infrastruktura – lack of standing to act* The Croatian Competition Agency (CCA) received an anonymous complaint regarding the alleged infringement of competition rules by the undertaking HŽ Infrastruktura d.o.o. within the meaning of Competition Act. The anonymous complainant basically (...)

The Danish City Court of Hillerod fines a demolition company for exchanging prices with a competing company in four cases (Nedrivningsaktieselskabet J. Jensen)
Danish Competition and Consumer Authority (Copenhagen)
Denmark 133 contributions 36262 visits
Denmark: Demolition Company fined DKK 1 million in bid rigging case* The City Court of Hillerød has fined the demolition company Nedrivningsaktieselskabet J. Jensen DKK 1 million for exchanging prices with a competing demolition company in four cases. Moreover, the City Court fined two (...)

The US DOJ signals renewed interest in interlocking directorates
Jones Day (Washington)
United States 25 contributions 7865 visits
The U.S. Department of Justice Antitrust Division ("DOJ”) announced that it is investigating director interlocks with a specific focus on "accounting for modern corporate structures." Interlocks have attracted relatively little attention in recent years, but that may soon change. Section 8 (...)

Unilateral Practices

 The Swedish Court of Appeal confirms the dismissal of the Competition Authority’s action against a stock exchange company for alleged abuse of dominance (Nasdaq)
Van Bael & Bellis (Brussels)
Belgium 191 contributions 66774 visits
On 28 June 2019, the Swedish Patent and Market Court of Appeal (the “Appeal Court”) upheld a ruling of the Swedish Patent and Market Court that rejected an action brought by the Swedish Competition Authority (Konkurrensverket or “KKV”) against Nasdaq Stockholm Aktiebolag and several affiliated (...)

The Croatian Competition Authority finds that the national taekwondo federation did not abuse its dominant position (Croatian Taekwondo Federation)
Croatian Competition Agency (Zagreb)
Croatia 120 contributions 19882 visits
Croatian Taekwondo Federation did not abuse dominant position* The Croatian Competition Agency (CCA) found that the latter that was sent by the Croatian Taekwondo Federation (CTF) to all its members including the complainant – the undertaking LMK, potentially limited access only to a smaller (...)

The Italian Commercial Court of Milan dismisses a €21.5M private damages claim against a supplier of cholic acid on the ground of the claimant’s failure to discharge the burden of proof requirement (DF / ICE / PCA)
4-5 Gray’s Inn Square
France 5 contributions 110 visits
Brief summary of facts The dispute concerns a buyer of cholic acid and an alleged abuse of dominant position (Article102 TFEU) by the supplier, the defendant, resulting in the exclusion of a main competitor in the supply of cholic acid. Defendant is in dominant position in this market, (...)

The Spanish Competition Authority fines a collecting company for abuse of dominant position in the management and exploitation of IP rights (SGAE)
European Commission - DG COMP (Brussels)
Belgium 45 contributions 20816 visits
,
Gómez-Acebo & Pombo (Brussels)
Belgium 51 contributions 29038 visits
,
Basic-Fit (Hoofddorp)
Netherlands 45 contributions 20821 visits
The CNMC has fined SGAE (“Sociedad General de Autores y Editores”) with EUR 2.95 million for abusing its dominant position in the market of management and exploitation of musical and audio-visual intellectual property rights. The CNMC investigation started in 2017, following several (...)

The Spanish Competition Authority fines a company for abuse of dominant position in the management and exploitation of intellectual property rights of authors and publishers of musical and audiovisual works (SGAE)
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 47034 visits
The NMCC has fined the Spanish Society of Authors, Composers and Publishers (SGAE) €2.95 million for abusing its dominant position in the management and exploitation of intellectual property rights of authors and publishers of musical and audiovisual works (Articles 2 SCA and 102 TFEU). The (...)

The Czech Supreme Court confirms that invoking trademark rights to prevent parallel imports can amount to an abuse of dominance (Fiskars / Mountfield)
Skils (Prague)
Czech Republic 35 contributions 26190 visits
On 29 May 2019, the Supreme Court (SC) partially granted an extraordinary appealed lodged by Mountfield against the previous judgment of the High Court in Prague of 23 May 2017 (Ref.No. 3 Cmo 132/2016) in a dispute with Fiskars concerning an alleged violation of Firskars’ rights to trademarks (...)

The Belgian Competition Authority fines an undertaking up to €1 million for implementing restrictive practices aimed at hindering the development on the market for pharmacists’ services by other undertakings (Order of Pharmacists)
Belgian Competition Authority (Brussels)
Belgique 119 contributions 24099 visites
The Competition College of the Belgian Competition Authority condemns “l’Ordre des pharmaciens – Orde der apothekers” for having tried to hinder the development of the MediCare-Market group and imposes a fine of 1 million euros* The Competition College of the Belgian Competition Authority (...)

The US District Court for the Northern District of California rules that a semiconductor company’s "no license, no chips" program breaches the Sherman Act (Qualcomm)
White & Case (Los Angeles)
United States 2 contributions 42 visits
On May 21, 2019, the United States District Court for the Northern District of California found that Qualcomm violated the Federal Trade Commission (FTC) Act, in an antitrust decision significant to licensing standard-essential patents (SEPs) under fair, reasonable and non-discriminatory (...)

The US District Court for the Northern District of California finds that a semiconductor company’s "no license, no chips" program violates antitrust laws (Qualcomm)
Ropes & Gray (New York)
United States 2 contributions 165 visits
,
Ropes & Gray (New York)
United States 1 contribution 78 visits
,
US Attorney’s Office – District of Massachusetts (Boston)
1 contribution 78 visits
…
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On May 21, 2019, following a full trial on the merits, Judge Koh of the Northern District of California issued a 233-page opinion in a closely watched case (...)

The US District Court for the Northern District of California holds that patent licensing in the market for semiconductors violates the Sherman Act (Qualcomm)
Sullivan & Cromwell (New York)
United States 2 contributions 136 visits
,
Sullivan & Cromwell (New York)
United States 1 contribution 76 visits
,
Sullivan & Cromwell (Washington)
United States 3 contributions 889 visits
…
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On May 21, 2019, in FTC v. Qualcomm, the U.S. District Court for the Northern District of California issued findings of fact and conclusions of law, holding (...)

The EU Commission fines a company for abusing its dominant position on the Belgian market by restricting cheaper imports of beer from the Netherlands into Belgium (AB InBev)
European Commission - DG COMP (Brussels)
Belgium 45 contributions 20816 visits
,
Gómez-Acebo & Pombo (Brussels)
Belgium 51 contributions 29038 visits
,
Basic-Fit (Hoofddorp)
Netherlands 45 contributions 20821 visits
The Commission has imposed a fine on AB Inveb for abusing its dominant position on the Belgian market by restricting cheaper imports of Jupiler beer from the Netherlands into Belgium AB Inveb is the largest beer brewer in the world. In Belgium, AB Inveb’s most popular beer is Jupiler, (...)

The US Supreme Court holds that consumers are direct purchasers of apps and consequently have standing to sue an app store owner for monopolisation and high prices (Apple / Pepper)
Skadden, Arps, Slate, Meagher & Flom (New York)
États-Unis 8 contributions 3487 visites
,
Skadden, Arps, Slate, Meagher & Flom (New York)
United States 21 contributions 5727 visits
,
Skadden, Arps, Slate, Meagher & Flom (New York)
United States 9 contributions 2830 visits
On May 13, 2019, in a 5-4 decision in Apple Inc. v. Pepper, the U.S. Supreme Court held that consumers of iPhone apps are direct purchasers of Apple and therefore have standing to sue the company for alleged monopolization of the aftermarket for iPhone apps in violation of Section 2 of the (...)

The EU Commission fines a company for restricting cross-border sales in the Belgian beer market (AB InBev)
Van Bael & Bellis (Brussels)
Belgium 191 contributions 66774 visits
On 13 May 2019, the European Commission (the “Commission”) announced that it had issued a decision imposing a fine of just over € 200 million on AB InBev for breaching Article 102 Treaty on the Functioning of the European Union (“TFEU”). According to the Commission, AB InBev abused its (...)

The EU Commission fines a beer company abusing its dominant position through restrictions of cross-border sales (AB InBev)
European Commission - DG COMP (Brussels)
Belgique 1361 contributions 2920643 visites
Antitrust: Commission fines AB InBev €200 million for restricting cross-border sales of beer* The European Commission has fined AB InBev €200 409 000 for breaching EU antitrust rules. AB InBev, the world’s biggest beer company, has abused its dominant position on the Belgian beer market by (...)

The Antwerp Enterprise Court refers request for a preliminary ruling to the EU Court of Justice in excessive pricing case between festival organisers (SABAM)
Van Bael & Bellis (Brussels)
Belgique 163 contributions 55978 visites
On 10 May 2019, the Antwerp Enterprise Court (the “Court”) referred a request for a preliminary ruling to the Court of Justice of the European Union (the “ECJ”) in two separate cases between Belgian festival organisers Weareone. World BVBA (the organisers of Tomorrowland) and Wecandance NV (...)

The Brussels Court of Appeal asks the EU Commission to provide advice and information regarding the tariffs for concerts and music festivals of a copyright collecting society (SABAM)
Simmons & Simmons (Brussels)
Belgium 21 contributions 15988 visits
,
Simmons & Simmons (Brussels)
Belgium 5 contributions 1572 visits
On 10 May 2019, by interim judgment, the Brussels Court of Appeal asked the European Commission to provide advice and information regarding the tariffs for concerts and music festivals of SABAM – the Belgian copyright collecting society – in light of the prohibition to abuse a dominant (...)

The Italian Competition Authority opens an investigation into a search engine for potentially abusing its dominance by refusing to integrate an e-mobility app into the android system (Google / Enel)
Portolano Cavallo (Milan)
Italy 63 contributions 10265 visits
,
Portolano Cavallo (Milan)
Italy 10 contributions 855 visits
According to the ICA’s preliminary findings, Google’s refusal to integrate a “vertical” e-mobility app into the Android Auto system may be unjustified and significantly limit the usefulness and usability of that app since the driver could only use it when the vehicle is stationary. This (...)

The Italian Competition Authority launches an investigation against a search engine company suspected to abuse of its dominant position (Google / Enel X)
Italian Competition Authority (Rome)
Italie 71 contributions 19063 visites
ICA: investigation launched against Google for alleged abuse of a dominant position* In the meeting of 8 May 2019, the Italian Competition Authority decided to launch an investigation against Alphabet Inc., Google LLC and Google Italy S.r.l. (indicated together as Google) to ascertain an (...)

The Italian Competition Authority opens an investigation against a Big Tech company to ascertain alleged abuse of a dominant position (Google / Enel X)
Luiss Guido Carli University (Rome)
Italy 27 contributions 5570 visits
On 8 May 2019, the Italian Competition Authority ("AGCM") opened an investigation against Alphabet Inc., Google LLC and Google Italy S.r.l. (indicated together as Google) to ascertain an alleged abuse of a dominant position in breach of Article 102 TFEU. Google, via the Android operating (...)

The Belgian Markets Court rejects an appeal lodged by an undertaking against the decision to reject its request for interim measures and explains limits of its jurisdiction (The Great Circle)
Van Bael & Bellis (Brussels)
Belgique 389 contributions 94710 visites
On 8 May 2019, the Markets Court of the Brussels Court of Appeal rejected as inadmissible the appeal lodged by The Great Circle against the decision of the Belgian Competition Authority (“BCA”) to reject its request for interim measures against the Royal Meteorological Institute of Belgium (...)

The Dutch Higher Court of Appeal rules an electronics company did not abuse its dominance by not licensing a patent under FRAND conditions (Asus / Philips)
Bird & Bird (The Hague)
Netherlands 34 contributions 8885 visits
,
KPN (Amsterdam)
Netherlands 33 contributions 7327 visits
On 7 May 2019, the The Hague Court of Appeal ("Court of Appeal") ruled against electronics company Asus in a patent dispute with electronics company Philips. The Court of Appeal found that Philips’ patent was valid and had been infringed by Asus. The manufacturer had argued that Philips abused (...)

Mergers

 Clearance: The French Competition Authority clears a merger between two agricultural cooperatives (Acolyance, Cerena)
L’actu-concurrence (Paris)
France 4692 contributions 1239247 visits
In recent days, the Competition Authority has posted 8 new merger clearance decisions online, including 7 simplified decisions. These decisions include Decision No. 19-DCC-108 of 29 May 2019. which the Competition Authority has authorised the merger between the agricultural cooperatives (...)

The EU General Court rejects a legal challenge to conditional clearance of a joint venture in the wholesale provision of premium pay-TV sports channels market (Vodafone / Liberty Global)
Van Bael & Bellis (Brussels)
Belgium 227 contributions 72535 visits
On 23 May 2019, the General Court of the European Union (“GC”) rejected a legal challenge brought against the European Commission’s (“Commission”) conditional clearance of the Liberty Global / Vodafone joint venture in the Netherlands by rival KPN (see VBB on Competition Law, Volume 2016, No. (...)

The Czech Competition Authority clears a merger subject to remedies in the bread market (Agrofert / Ub Holding)
Czech Competition Authority (Brno)
République tchèque 49 contributions 6572 visites
AGROFERT IS ALLOWED TO TAKE OVER UNITED BAKERIES, BUT IT HAS TO SELL OFF SEVERAL FACILITIES* On 23 May 2019, the Office for the Protection of Competition issued a decision approving AGROFERT a.s. to take sole control over UB HOLDING a.s. and its subsidiary UNITED BAKERIES a.s., subject to a (...)

The Czech Competition Authority approves a merger, subject to structural commitments, in the wholesale market of bread products (Agrofert / United Bakeries)
Bird & Bird (Prague)
Czech Republic 25 contributions 4419 visits
On 23 May 2019, the Czech Office for the Protection of Competition (“UOHS”) issued a decision approving AGROFERT a.s. ("AGROFERT") to take sole control over UB HOLDING a.s. and its subsidiary UNITED BAKERIES a.s., subject to a number of structural commitments which were accepted by the party (...)

The French Competition Authority clears a merger in the poultry slaughterhouses market despite very high market shares (Les Volailles Rémi Ramon / Sofral / LDC Volaille)
Autorité de la concurrence (Paris)
France 747 contributions 408004 visites
Poultry industry* The Autorité de la concurrence gives clearance to the takeover of poultry slaughterhouses Les Volailles Rémi Ramon and Sofral by the LDC group (Le Gaulois, Maître Coq et Fermiers de Loué), which contributes to strengthening the French poultry sector. Background The (...)

The Indian Competition Authority clears joint venture between two healthcare companies after deciding it cannot result in any anticompetitive effects (GlaxoSmithKline / Pfizer)
Shardul Amarchand Mangaldas (New Delhi)
India 63 contributions 18719 visits
,
Shardul Amarchand Mangaldas (New Delhi)
India 66 contributions 20761 visits
,
Shardul Amarchand Mangaldas (New Delhi)
India 66 contributions 19670 visits
…
The CCI cleared the proposal by GlaxoSmithKline and Pfizer to combine their global consumer healthcare businesses into a joint venture. [1] The CCI considered overlaps in three product segments; non-narcotics/anti-pyretics, antacids/anti-flatulents and calcium preparations. In all three (...)

The Italian Competition Authority clears a merger subject to remedies in the retail pay-TV market (Sky / R2)
Italian Competition Authority (Rome)
Italy 71 contributions 19063 visits
ICA: authorisation with measures of the Sky/R2 merger (branch of Mediaset Premium)* On 20 May 2019, the Italian Competition Authority (AGCM) has concluded its investigation regarding the acquisition of certain assets of the digital terrestrial pay-TV owned by Mediaset Premium S.p.A. by Sky (...)

The Italian Competition Authority imposes remedies in a proposed acquisition of a technical platform by a television broadcaster (Sky / R2)
Italian Competition Authority (Rome)
Italy 71 contributions 19063 visits
Abstract: the decision rejects the claim from the parties that the concentration was abandoned and therefore imposed on Sky measures to restore effective competition. Namely, the decision prohibits Sky to acquire new exclusive licenses over content or channels for distribution online for three (...)

The French Competition Authority clears a merger in the sector of retail distribution of clothing and footwear (The Kooples / Maus Frères)
Autorité de la concurrence (Paris)
France 747 contributions 408004 visites
Clothing and footwear* The Autorité de la concurrence clears the takeover of the company The Kooples Group by the group Maus Frères (Lacoste, Aigle and Gant) On 17 April 2019, the group Maus Frères notified the Autorité de la concurrence his project of taking over the company The Kooples (...)

The Italian Competition Authority conditionally clears a merger in the market for retail Pay-TV services (Sky / R2)
Luiss Guido Carli University (Rome)
Italy 27 contributions 5570 visits
On 20th May 2019, the Italian Competition Authority (the "AGCM") cleared the merger between Sky Italia S.r.l.’s ("SKY") and R2 S.r.l. ("R2"), a company formerly owned by Mediaset Premium S.p.A. ("MP") and providing technical and administrative platform services for broadcasting by means of (...)

The Polish Competition Authority conditionally clears merger between two cinema operators (Multikino / Cinema 3D)
Polish Competition Authority (Warsaw)
Poland 120 contributions 22509 visits
CONDITIONAL CONSENT: MULTIKINO - CINEMA 3D* UOKiK gave consent to Multikino taking over Cinema 3D. The transaction may take place provided that the cinema of the acquired company will be sold in Galeria Morena in Gdańsk. The parties to the transaction are cinema operators. Multikino runs (...)

The French Competition Authority clears a merger in the metalworking market (Ascoval / British Steel)
French Competition Authority (Paris)
France 747 contributions 408004 visits
Metalworking industry* The Autorité de la concurrence clears the takeover of the Ascoval company by the British Steel group. After the decision of the Strasbourg General court of first instance of 2 May 2019, which validated the takeover of the steel plant Ascoval by the British Steel (...)

The Polish Competition Authority conditionally clears a merger between multiplex cinema operators (Multikino / Cinema 3D)
White & Case (Warsaw)
Poland 4 contributions 5406 visits
,
European Commission - DG COMP (Brussels)
Belgium 2 contributions 233 visits
,
White & Case (Warsaw)
Poland 2 contributions 233 visits
Background On 11 July 2018, the President of the Office of Competition and Consumer Protection (the “OCCP”) initiated merger clearance proceedings concerning the acquisition of Cinema 3D S.A. (”3D”) by Multikino S.A. (“Multikino”). Multikino is a cinema operator, which pre-merger ran 32 (...)

The Polish Competition Authority conditionally clears a merger in the fuel retail market (BP Europe / ARGE)
White & Case (Warsaw)
Poland 4 contributions 5406 visits
,
European Commission - DG COMP (Brussels)
Belgium 2 contributions 233 visits
,
White & Case (Warsaw)
Poland 2 contributions 233 visits
Background On 29 June 2018, the OCCP initiated the merger proceedings concerning acquisition of ARGE Nieruchomości sp. z o.o. (“ARGE RE”) and ARGE Paliwa sp. z o.o. (“ARGE”)’s assets from BP Europa (“BP”). More specifically, the proposed transaction considered the acquisition of several real (...)

The Polish Competition Authority clears merger subject to the resulting corporate group’s accepting to sell two fuel stations (BP Europa / Arge Paliwa / Arge Nieruchomości)
Polish Competition Authority (Warsaw)
Poland 120 contributions 22510 visits
Conditional approval for concentration: BP - Arge* The Office of Competition and Consumer Protection (UOKiK) issued an approval for acquisition, by BP Europa, of control over Arge Paliwa and Arge Nieruchomości. The Transaction may become effective under the condition that the acquiring (...)

The Belgian Competition Authority clears a merger subject to remedies in the TV channels platforms market (De Vijver Media / Telenet)
Belgian Competition Authority (Brussels)
Belgium 119 contributions 24099 visits
The Competition College of the BCA has approved conditionally the acquisition of sole control of De Vijver Media by Telenet* the Competition College of the Belgian Competition Authority (BCA) has approved conditionally on 13 May 2019 the acquisition of sole control by Telenet Group BVBA (...)

The Belgian Competition Authority conditionally approves a sole control acquisition in the media industry (De Vijver Media / Telenet)
Bird & Bird (Brussels)
Belgium 42 contributions 12455 visits
,
Allen & Overy (Brussels)
Belgium 28 contributions 3350 visits
,
Bird & Bird (Brussels)
Belgium 13 contributions 2066 visits
On 13 May 2019 the Belgian Competition Authority ("BCA") conditionally approved Telenet’s acquisition of sole control over De Vijver Media, after a referral by the European Commission ("EC"). The deal was originally notified to the EC on 4 October 2018. The EC already investigated Telenet’s (...)

Sole control: The Belgian Competition Authority clears a vertical merger in the audiovisual sector, subject to conditions (De Vijver Media / Telenet)
University of Tokyo
Japan 16 contributions 7943 visits
On 13 May 2019, the Belgian competition authority cleared Telenet’s acquisition of De Vijver Media, subject to remedies. The acquisition gave Telenet – a Belgian cable operator – sole control over De Vijver Media, a broadcaster of TV channels. TV channels are an input for cable operators, who (...)

The Irish Competition Authority uses criminal sanctions against companies for gun jumping (Armalou / Airfield)
An Post (Dublin)
Ireland 10 contributions 775 visits
,
Ervia (Dublin)
2 contributions 339 visits
,
Arthur Cox (Dublin)
Ireland 6 contributions 3071 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 procedural merger control law under (...)

The Mexican Competition Authority submits to public consultation the draft modifications to the guidelines for concentration notification via electronic means and the draft modifications of the regulatory provisions on the use of electronic means
Mexican Competition Authority (Mexico City)
Mexico 138 contributions 26892 visits
COFECE submits for public consultation the modification to the Guidelines for Concentration Notification via Electronic Means and the Regulatory Provisions on the Use of Electronic Means* • The consultation period for the Guidelines is 30 working days, while the period for the Provisions is (...)

The Czech Competition Authority clears a merger subject to remedies in the distribution market of non-original spare parts for light vehicles (LKQ / Heptus 292)
Czech Competition Authority (Brno)
Czech Republic 49 contributions 6572 visits
THE OFFICE APPROVED THE MERGER OF LKQ AND HEPTUS 292 ON THE DISTRIBUTION MARKET OF NON-ORIGINAL SPARE PARTS, SUBJECT TO COMMITMENTS* On 10 May 2019, the Office for the Protection of Competition issued a decision authorizing LKQ German Holdings GmbH to take sole control over the company (...)

The EU Commission opens an in-depth investigation regarding a merger in the audiovisual sector (Telia / Bonnier Broadcasting)
European Commission - DG COMP (Brussels)
Belgium 1361 contributions 2920643 visits
Mergers: Commission opens in-depth investigation into Telia Company’s proposed acquisition of Bonnier Broadcasting* The European Commission has opened an in-depth investigation to assess the proposed acquisition of Bonnier Broadcasting by Telia Company under the EU Merger Regulation. The (...)

The German Competition Authority clears a merger in the book retail sector (Thalia / Mayersche Buchhandlung)
German Competition Authority (Bonn)
Germany 457 contributions 116277 visits
Merger between Thalia and Mayersche Buchhandlung cleared* The Bundeskartellamt has today cleared the merger between the two bookstore chains Thalia and Mayersche Buchhandlung. Thalia and Mayersche are both large bookstore chains which altogether operate 288 bookstores in Germany. Andreas (...)

The Australian Competition Authority opposes a proposed merger between a supplier of retail fixed broadband and the owner and operator of the third largest 3G and 4G mobile network in the country (TPG / Vodafone)
Bird & Bird (Sydney)
Australia 28 contributions 3486 visits
,
Bird & Bird (Sydney)
Australia 21 contributions 2494 visits
On the 8th of May, 2019, the Australian Competition and Consumer Commission (ACCC) officially announced that it had decided to oppose the proposed merger between TPG Telecom Limited (TPG), a supplier of retail fixed broadband and voice services and the owner of an extensive fibre network in (...)

The Croatian Competition Authority clears a merger in the sugar market within the context of full liberalization and abolition of production caps on sugar beet in the internal market (Viro Grupa / Tvornica šećera Osijek)
Croatian Competition Agency (Zagreb)
Croatia 120 contributions 19882 visits
CCA clears joint venture in sugar market created by Viro Grupa and Tvornica šećera Osijek* The concentration on the basis of which a joint venture is created in the sugar production and the wholesale business means the consolidation of the sugar market in Croatia as a result of full (...)

The German Competition Authority prohibits a merger in the printing industry (MBO / Heidelberger Druckmaschinen)
German Competition Authority (Bonn)
Germany 457 contributions 116277 visits
Bundeskartellamt prohibits acquisition of MBO group by Heidelberger Druckmaschinen AG* Bonn, 7 May 2019: The Bundeskartellamt has today prohibited the proposed acquisition of all the shares in HB Vermögensverwaltungsgesellschaft mbH & Co. KG by Heidelberger Druckmaschinen AG. HB (...)

The Peruvian Congress adopts merger control law after 20 years of debate
United Nations Conference on Trade and Development (UNCTAD)
Switzerland 12 contributions 803 visits
Peru adopts merger control law after 20 years of debate* The Peruvian congress adopted a law on merger control to complement its competition law to combat anticompetitive practices on 2 May, after 20 years of debate. UNCTAD supported Peru to put the law in place, granting the country’s (...)

State Aid

 The Polish Supreme Administrative Court issues a judgement on the power of a national court to order recovery of unlawful aid also in the absence of the Commission’s prior negative decision
Warsaw School of Economics
Poland 16 contributions 877 visits
Background & facts of the case The case formed part of a vast group of disputes arising from a refusal by Polish authorities to apply to beneficiaries exemptions from real estate tax that had been granted by Poland prior to Polish accession to the EU without any notification of that aid (...)

The EU General Court annuls the Commission’s decision ordering Spain to recover €18 million of incompatible State aid (Real Madrid)
European Commission - DG COMP (Brussels)
Belgium 45 contributions 20816 visits
,
Gómez-Acebo & Pombo (Brussels)
Belgium 51 contributions 29038 visits
,
Basic-Fit (Hoofddorp)
Netherlands 45 contributions 20821 visits
On 22 May 2019, the General Court rendered its judgment on the action for annulment filed by Real Madrid against the Commission Decision of 4 July 2018 that (i) declared that the football club had been granted incompatible State aid worth EUR 18 million; and (ii) ordered Spain to recover this (...)

The EU General Court holds that the Commission was wrong to classify as State aid a progressive tax on the retail sector involving a high starting threshold (Commission / Poland)
Greenberg Traurig (Amsterdam)
Netherlands 9 contributions 6137 visits
,
Simmons & Simmons (Brussels)
Belgium 21 contributions 15988 visits
,
Simmons & Simmons (London)
United Kingdom 1 contribution 1623 visits
The EU’s General Court has rejected the EU Commission’s classification of a Polish tax on the retail sector as State aid: Poland v Commission (Joined Cases T-836/16 and T-624/17). The fact that the tax was progressive in nature with a high threshold was not sufficient to meet the requirement (...)

The EU Court of Justice preliminarily determines that a Lithuanian aid scheme for the provision of public interest services in the electricity sector breaches State aid rules (Achema / Orlen Lietuva / Lifosa / VKEKK)
European Commission - DG ENERGY (Luxembourg)
15 contributions 7347 visits
The judgment of the Court of 15 May 2019 in case C-706/17, delivered upon a request for a preliminary ruling from the Supreme Administrative Court of Lithuania (“Achema”), replicates the analysis which was previously established in Association Vent de Colère!. The judgment in Achema thus (...)

The EU Commission provisionally approves under State aid rules the support granted by Slovakia to an electric utility company (Slovenské Elektrárne)
European Commission - DG COMP (Brussels)
Belgium 1361 contributions 2920643 visits
State aid: Commission approves provisional measure ensuring security of local electricity supply in Slovakia* The European Commission has approved under EU State aid rules the compensation granted by Slovakia to electric utility company Slovenské Elektrárne a.s. for temporarily supplying a (...)

The EU General Court dismisses an action in annulment against a decision of the EU Commission declaring compatible an unlimited guarantee granted by France for the indemnification of natural disasters (Scor)
Freshfields Bruckhaus Deringer (Tokyo)
Japan 2 contributions 78 visits
,
Orrick, Herrington & Sutcliffe (Paris)
France 19 contributions 26364 visits
1. Background: Back in 2013, Scor SE (“Scor”), whose subsidiary is engaged on the French market for the reinsurance of risks relating to natural disasters, lodged a complaint with the European Commission alleging unlawful and incompatible State aid in favor of Caisse Centrale de Réassurance (...)

The EU Court of Justice provides guidance on the assessment of violations of free movement of capital in relation to State aid scheme (A-Fonds)
Van Bael & Bellis (Brussels)
Belgium 155 contributions 34875 visits
On 2 May 2019, the Court of Justice of the EU (“ECJ”) delivered a judgment on a request for a preliminary ruling by the Dutch Court of Appeal of ’s-Hertogenbosch. The request was made in proceedings between A-Fonds, an investment undertaking governed by German law, and the Dutch tax (...)

Procedures

 The Spanish Supreme Court issues judgement on the principle of individual nature of fines by assessing a €42 million fine to the parent company of an energy group (Repsol)
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 47034 visits
In 2015, the NMCC imposed two fines on Repsol S.A. (Repsol), the parent company of the energy group, amounting to €20 and €22.5 million for coordinating prices through exchanges of information with competitors and for fixing of fuel prices at service stations, respectively. Repsol appealed (...)

The Italian Supreme Court clarifies the evidentiary value of a competition infringement established by the Bank of Italy in follow-on actions (Bosco / Banca Popolare di Bergamo)
Municipality of Cagliari
168 contributions 134098 visits
Introduction By the judgment handed down in Bosco v Banca Popolare di Bergamo, the Italian Court of Cassation has considered the evidentiary value of a decision made by the Bank of Italy concerning an anti-competitive practice in the banking sector. The question addressed by the Court of (...)

The US Supreme Court holds that App store consumers are direct purchasers of the Big Tech company and are thus not precluded from suing for damages under federal antitrust law (Apple / Pepper)
Bona Law (San Diego)
United States 22 contributions 3700 visits
This article has been nominated for the 2021 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. This is part two of an article about the Supreme Court’s 2019 decision in Apple v. Pepper, the classic antitrust cases of Illinois Brick and Hanover Shoe, (...)

The International Competition Network adopts framework for Competition Authority procedures and new recommended practices for investigative process
International Competition Network (ICN)
United States 6 contributions 3021 visits
Today, the International Competition Network (ICN) concluded its 18th annual conference with approval of new work on procedural fairness, vertical mergers, enforcement cooperation, agency organizational design, leniency, private enforcement, and vertical restraints. The conference took place (...)

The US Supreme Court holds that the claims of consumers purchasing apps from a Big Tech app store may proceed as they are direct purchasers of the Big Tech company (Apple / Pepper)
Covington & Burling (Washington)
United States 20 contributions 12207 visits
,
Covington & Burling (Washington)
United States 1 contribution 2225 visits
,
Covington & Burling (Washington)
United States 7 contributions 3174 visits
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Appellate and Supreme Court On May 13, 2019, the Supreme Court (“the Court”) announced its 5-4 decision in Apple, Inc. v. Pepper, permitting iPhone users to (...)

The US Supreme Court rules that purchasers of apps from a Big Tech company’s online store can bring an antitrust suit for overcharges (Apple / Pepper)
Hausfeld (New York)
United States 12 contributions 2987 visits
On May 13th, the U.S. Supreme Court, in a 5-4 decision, affirmed the Ninth Circuit’s decision denying a motion to dismiss a consumer class action claiming that Apple monopolized the after-market in its sales of iPhone software applications (hereinafter “apps”) by charging app developers a 30% (...)

The US Supreme Court affirms the right of app purchasers to sue an app company for monopolization under the indirect-purchaser rule of Illinois Brick as a rule of contractual privity rather than a rule of proximate cause (Apple / Pepper)
Willkie Farr & Gallagher (New York)
United States 2 contributions 176 visits
,
Bernstein Litowitz Berger & Grossmann
2 contributions 176 visits
,
Willkie Farr & Gallagher (New York)
United States 3 contributions 2475 visits
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. In Apple Inc. v. Pepper, a 5-4 Supreme Court affirmed the right of app purchasers under the indirect-purchaser rule of Illinois Brick Co. v. Illinois to sue (...)

The US Supreme court reaffirms the "direct purchaser" rule for private claims under federal antitrust laws but also allows for monopolization claims against a mobile app store owner (Apple / Pepper)
Clifford Chance (Washington)
United States 11 contributions 8025 visits
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On May 13, 2019, the U.S. Supreme Court reaffirmed that private claims under the federal antitrust laws cannot be brought by "indirect purchasers" who did not (...)

The US Supreme Court rejects an attempt to block consumer claims against a Big Tech company under the indirect-purchaser rule (Apple / Pepper)
Jones Day (Washington)
United States 25 contributions 7865 visits
,
Jones Day (Houston)
United States 35 contributions 15843 visits
,
Jones Day (Los Angeles)
United States 1 contribution 880 visits
…
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. In May 2019, the U.S. Supreme Court issued a 5–4 decision in Apple v. Pepper, one of the Court’s most significant antitrust rulings of the last several years. (...)

The US Supreme Court rejects an attempt to block consumer claims against a Big Tech company under indirect purchaser rule (Apple / Pepper)
Constantine Cannon (New York)
United States 1 contribution 3276 visits
Apple v. Pepper: Supreme Court Rejects Attempt to Block Consumer Claims Under Indirect-Purchaser Rule* The Supreme Court on Monday issued a much-anticipated decision in the Apple v. Pepper case, where iPhone owners are accusing Apple of monopolizing the retail market for iOS applications, or (...)

The US Supreme Court increases the risk that online marketplaces with exclusive rights to third-party products will not have a defense under the “indirect purchaser” doctrine (Apple / Pepper)
Baker Botts (San Francisco)
United States 2 contributions 136 visits
,
Clifford Chance (Washington)
United States 11 contributions 2627 visits
,
Baker Botts (Washington)
United States 1 contribution 76 visits
…
On May 13, 2019, the U.S. Supreme Court issued a major antitrust decision in Apple v. Pepper, which could have far-reaching implications for retailers and platforms accused of monopolistic conduct. For example, the case increases the risk that any online marketplace with exclusive rights to (...)

The Milan Court provides guidance on the application of the Italian Code of Civil Procedure to a private enforcement action following the decision of the EU Commission imposing fines on a truck cartel (Trucks Cartel / Torchiani / Tecnofoodpack / Iveco)
French Competition Authority (Paris)
France 3 contributions 846 visits
1.- Introduction After the adoption of the European Commission Decision, on 19 July 2016, imposing fines of over 2.9 billion Euro on the most important truck manufacturers (i.e. the so-called case AT.39824 – Trucks), a copious series of antitrust damages actions have been promoted all over (...)

The Czech Supreme Administrative Court rules on the scope of investigation conducting by the Competition Authority at the premises of a company suspected of bid-rigging (AV Media)
Bird & Bird (Prague)
Czech Republic 25 contributions 4426 visits
AV Media ("AV Media"), a company suspected of bid-rigging, challenged the lawfulness of the dawn raid conducted at its premises. In the cited judgment, the scope of investigative powers of the Office for the Protection of Competition ("OPC") was scrutinised. During the dawn raid, the Office (...)

Regulatory

 The French Competition Authority launches a thematic study on trade union and professional bodies
French Competition Authority (Paris)
France 747 contributions 408004 visits
The Autorité de la concurrence launches a thematic study on trade union and professional bodies* The directive No. 2019/1 (known as "ECN +"), published in the OJEU on 14 January 2019, aims to provide competition authorities with the means to implement the competition rules more effectively (...)

The Japanese Government amends orders listing industries requiring prior foreign investment screening
DIC Corporation (Tokyo)
1 contribution 61 visits
,
Freshfields Bruckhaus Deringer (Tokyo)
Japan 5 contributions 624 visits
On 27 May 2019, the Japanese government gazetted amendments to ministerial orders listing industries requiring prior foreign investment screening under the Foreign Exchange and Foreign Trade Law (FEFTL) to include IT and telecommunications technology manufacturing, software development, and (...)

The Mexican Competition Authority launches a market study in retail food and beverage sector
Mexican Competition Authority (Mexico City)
Mexico 138 contributions 26892 visits
COFECE initiates market study in retail food and beverage sector* • COFECE’s electronic mail address: estudiocomercio@cofece.mx is made available to receive any element deemed relevant for the assessment of the sector, from a competition perspective. • The study may identify market (...)

The EU Commission intensifies enforcement of Regulation on Wholesale Energy Market Integrity and Transparency (REMIT)
EBA Clearing (Paris)
France 2 contributions 735 visits
,
Baker Botts (Brussels)
Belgium 28 contributions 21400 visits
,
University of Tilburg
Belgium 15 contributions 14209 visits
…
REMIT is an EU-level framework for identifying and penalising insider trading and market manipulation in wholesale electricity and gas markets in the EU. REMIT applies to any person/entity whose conduct affects these markets, irrespective of where the person/entity is based. There has been an (...)