Barriers to entry in the digital market

Foreword Barriers to entry in the digital market: An overview of EU and national case law

Before firms can compete in a market, they have to be able to enter it. Many if not most markets present at least some obstacles that make it more difficult for a firm to enter. Although scholars have been debating how to define ’barriers to entry’ for decades, starting with Joe Bain in the late 1940s and 1950s, no single definition seems to have gained preference whether by analysts or competition practitioners

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OECD - Competition Division (Paris)
France 3 contributions 4426 visites
Technopolis Group (Brighton)
Portugal 1 contribution 2298 visites

General antitrust

 The Mexican Competition Authority opens a market investigation into barriers to entry in the e-commerce market following increased popularity throughout COVID-19 pandemic
Baker Mckenzie (Mexico)
Mexique 1 contribution 513 visites
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Baker Mckenzie (Mexico)
Mexique 2 contributions 942 visites
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Baker Mckenzie (Mexico)
Mexique 1 contribution 513 visites
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Mexico: COFECE investigates barriers to entry in the retail e-commerce market* In brief On 31 March 2022, the Investigating Authority of the Federal Economic Competition Commission (COFECE) published notice of the initiation of an investigation, into the retail electronic commerce (...)

The Mexican Competition Authority investigates barriers to competition in the online retail market
Mexican Competition Authority (Mexico City)
Mexique 140 contributions 30545 visites
Cofece investigates possible barriers to competition and essential inputs in retail e-commerce market* The investigated market corresponds to the retail purchase and sale of goods through the internet. This is the first investigation in digital markets to determine whether barriers to (...)

The EU Commission publishes its final report on the consumer ’Internet of Things’ sector inquiry
European Commission - DG COMP (Brussels)
Belgique 1368 contributions 2943698 visites
Antitrust: Commission publishes final report on consumer Internet of Things sector inquiry* The European Commission has published today the findings of its competition sector inquiry into the consumer Internet of Things (IoT). The final report and its accompanying staff working document (...)

The EU Commission publishes its final report on a consumer Internet of Things sector inquiry which confirms its preliminary findings related to high entry barriers and the issues around access to data
Herbert Smith Freehills (Brussels)
Belgique 121 contributions 74402 visites
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Mayer Brown (London)
United Kingdom 43 contributions 18267 visits
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Intelingo Language Services
1 contribution 590 visits
On 20 January 2022 the European Commission (“Commission“) published its final report on the consumer Internet of Things (“IoT“) sector inquiry, largely confirming its preliminary findings issued in July 2021. These include concerns around high market entry barriers, the influence on the market (...)

The EU Commission publishes its final report on the consumer Internet of Things ahead of the final ’DMA’ negotiations, indicating material competition concerns in digital assistant markets
Van Bael & Bellis (Brussels)
Belgium 34 contributions 8219 visits
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Van Bael & Bellis (Brussels)
Belgique 62 contributions 15406 visites
On 20 January 2022, the European Commission (“Commission”) issued its (short) final report on the sector inquiry into consumer Internet of Things (“Report”), along with an explanatory Commission staff working document. The Report identifies various practices that may limit competition and (...)

The EU Commission publishes its final report closing the sector inquiry on the consumer ’Internet of Things’
Portolano Cavallo (Milan)
Italy 63 contributions 10440 visits
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Portolano Cavallo (Milan)
Italy 36 contributions 7164 visits
On January 20, 2022, the European Commission (“Commission”) published its final report closing the sector inquiry launched in July 2020 on the consumer Internet of Things (“IoT”). The report gives an overview of trends and competition issues in the European landscape. It is based on answers (...)

The EU Parliament and Council adopt amendments to the Commission’s proposal for negotiating the final text of the Digital Markets Act
Van Bael & Bellis (Brussels)
Belgium 34 contributions 8219 visits
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Van Bael & Bellis (Brussels)
Belgique 62 contributions 15406 visites
On 15 December 2021, the European Parliament (“Parliament”) adopted its position for negotiating the final text of the so-called Digital Markets Act (Regulation on contestable and fair markets in the digital sector)(“DMA”), shortly after the Council of the European Union (“Council”) had (...)

The US Congress marks up 6 newly proposed antitrust bills aimed at reigning in alleged anticompetitive and monopolistic conduct by Big Tech companies
Bona Law (San Diego)
États-Unis 14 contributions 6386 visites
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Bona Law (Detroit)
United States 24 contributions 5760 visits
Antitrust Political Developments: Biden Administration Issues Executive Order on Competition and Congress Proposes Six New Antitrust Bills* On June 23, the House Judiciary Committee marked up and reported favorably six new tech antitrust bills called to be a “historic package of bipartisan (...)

The EU Commission publishes a preliminary report setting out the initial findings of its sector inquiry into the consumer Internet of Things
White & Case (Brussels)
Belgium 39 contributions 66271 visits
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White & Case (Brussels)
Belgium 35 contributions 13569 visits
On 9 June 2021, the European Commission (EC) published a Preliminary Report setting out the initial findings of its sector inquiry into the consumer Internet of Things (“IoT”). The consumer IoT sector encompasses services, devices and technologies that support the interaction of consumers with (...)

The Danish Competition Authority publishes a report on the nature of competition in the digital platforms’ market
Danish Competition and Consumer Authority (Copenhagen)
Denmark 133 contributions 36466 visits
The Danish Competition and Consumer Authority publishes report on the nature of competition in markets with digital platforms* As still more of our economy and social activities move online, digital platforms – and competition in the markets on which these digital platforms operate – play an (...)

The Turkish Competition Authority publishes a preliminary report on the e-marketplace sector inquiry
ACTECON (Istanbul)
Turkey 24 contributions 4173 visits
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ACTECON (Istanbul)
Turquie 19 contributions 3173 visites
Recent developments in digitalization have triggered the Turkish Competition Authority (“TCA”) to scrutinize more closely e-marketplace business models. The TCA has carried out a sector inquiry on e-marketplaces for this purpose and a preliminary report (“Report”) has been published on the (...)

The Italian Competition Authority proposes pro-competitive legislative changes to the government
Bocconi University (Milan)
Italie 11 contributions 4166 visites
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Hogan Lovells (Milan)
Italie 4 contributions 1375 visites
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K&L Gates (Milan)
États-Unis 2 contributions 729 visites
The document provides a summary of the proposal for pro-competitive legislative changes submitted by the Italian Competition Authority to the Italian Government on 23 March 2021. The Italian Competition Authority identifies eight trajectories of possible reform: 1. Measures to encourage and (...)

The Swedish Competition Authority publishes a report which covers the increasing influence of digital platforms within the field of competition law
Bird & Bird (Copenhagen)
Denmark 36 contributions 8351 visits
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Bird & Bird (Copenhagen)
Denmark 9 contributions 4000 visits
In February 2021 the Swedish Competition Authority (“SCA”) published a report which covers the increasing influence of digital platforms within the field of competition law. Themes of the report In its report, the SCA has analysed five markets along with the SCA´s previous decisional (...)

The Chinese State Administration for Market Regulation issues Antitrust Guidelines for the Platform Economic Industry in an effort to strengthen its enforcement in the sector
King & Wood Mallesons (Beijing)
China 19 contributions 4771 visits
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King & Wood Mallesons (Beijing)
China 9 contributions 3578 visits
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Merits & Tree (Beijing)
Chine 2 contributions 194 visites
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This article has been nominated for the 2021 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On 10 November, the Anti-Monopoly Bureau of the State Administration for Market Regulation (“SAMR”) issued the Antitrust Guidelines for the Platform Economic (...)

The Singapore Competition Authority publishes its findings and recommendations from its market study on e-commerce platforms
Ashurst (Sydney)
Australie 9 contributions 2966 visites
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Ashurst (Singapore)
Singapore 15 contributions 16587 visits
On 10 September 2020, the Competition and Consumer Commission of Singapore ("CCCS") published its findings and recommendations from its market study on e-commerce platforms. While the market study did not identify any significant competition concerns in the sector, the CCCS has concurrently (...)

The Singapore Competition Authority publishes a market study on e-commerce platforms
Bird & Bird (Singapore)
Singapour 5 contributions 482 visites
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Bird & Bird (Singapore)
Singapour 4 contributions 412 visites
Digital platforms have experienced significant growth and popularity in Singapore in recent years and COVID-19 has accelerated its proliferation. The rapid pace of innovation and broad adoption of these platforms have raised significant competition concerns both local and abroad. In (...)

The Finnish Competition Authority issues a report on competition law in the data economy
Finnish Competition and Consumer Authority (Helsinki)
Finland 75 contributions 12646 visits
FCCA: Competition and consumer protection are fundamental to data economy* With the market for digital products and services is growing, the functionality of competition and consumer protection are important considerations. A report by the Finnish Competition and Consumer Authority (FCCA), (...)

The EU Commission publishes its final report following its e-commerce sector inquiry as part of a larger digital market strategy that aims to achieve better access for consumers and businesses to online goods and services
Herbert Smith Freehills (London)
United Kingdom 14 contributions 3072 visits
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Herbert Smith Freehills (London)
United Kingdom 14 contributions 3730 visits
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Herbert Smith Freehills (Brussels)
Belgium 121 contributions 74402 visits
On 10 May 2017 the EU Commission published its final report in the e-commerce sector inquiry launched in May 2015 as part of a wider Digital Market Strategy which aims to achieve better access for consumers and businesses to online goods and services across the EU. The aim of the sector (...)

The EU Commission publishes its preliminary report on its e-commerce inquiry and opens a two months public consultation
Baker Botts (Brussels)
Belgique 28 contributions 21395 visites
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Baker Botts (Washington)
États-Unis 6 contributions 4262 visites
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Cleary Gottlieb Steen & Hamilton (Washington)
Belgique 8 contributions 3680 visites
Last week the European Commission (“Commission”) published its eagerly awaited preliminary report on the e-commerce sector inquiry (the “Report”) and opened a two-month public consultation on the Report. In this alert, we explain the background to the Report, the Commission’s main findings, (...)

The ECN Competition Working Group on Competition Law gathers to discuss matters related to vertical restraints in the online sector
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220597 visits
Vertical Restraints in the Internet Economy - Meeting of the Working Group on Competition Law in Bonn* Bonn, 14 October 2013: On 10 October 2013 the Working Group on Competition Law met in Bonn at the invitation of the Bundeskartellamt. At this year’s meeting more than 100 competition law (...)

The Hungarian Competition Authority initiates a sector inquiry on the online room reservation market in the tourism sector
Hungarian Competition Authority (Budapest)
Hungary 95 contributions 19893 visits
Sector inquiry on the market of online room reservations* Pursuant to Article 43/C of the Competition Act, the Hungarian Competition Authority (GVH) has initiated a sector inquiry on the online room reservation market of the tourism sector in order to familiarise itself with and evaluate the (...)

The OECD holds a roundtable on competition and payment systems
OECD - Competition Division (Paris)
France 313 contributions 1448212 visits
In light of the written submissions and the oral discussion, the following points emerge: (1) An aim of competition enforcement is to identify, stop and deter anti-competitive arrangements and behaviour by market participants, particularly when it has a direct impact on consumer welfare. In (...)

The Swedish Competition Authority publishes a report on the collective installment of broadband internet or cable TV
Swedish Competition Authority (Stockholm)
Sweden 70 contributions 10338 visits
Sweden: Research Report on Collective Instalment of Broadband Internet or Cable-TV* In October 2009, the Swedish Competition Authority published a report in which an economic analysis of the effects on competition from collective instalment of broadband internet or cable TV was carried out. (...)

The French Competition Authority issues an opinion regarding exclusive access offers to TV content by internet service providers
French Competition Authority (Paris)
France 748 contributions 411055 visits
TV content access exclusivity offers by Internet service providers: The Autorité de la concurrence states its position*. Exclusive access must remain an exceptional solution, strictly limited in time and scope. Auto-distribution appears to be a satisfactory balancing solution, to the benefit (...)

The EU Commission prepares questionnaires for the reassessment of the competition rules applicable to online commerce
Van Bael & Bellis (Brussels)
Belgium 175 contributions 58670 visits
It has been reported that the Commission is currently preparing questionnaires in the context of its reassessment of the competition rules applicable to Internet commerce in view of the expiry of the Vertical Agreements Block Exemption Regulation in May 2010. These questionnaires will be sent (...)

The EU Commission holds a roundtable on Internet commerce
Van Bael & Bellis (Brussels)
Belgium 175 contributions 58670 visits
According to a Commission’s Press Release of 17 October 2008, the Commission held a roundtable with consumer and industry representatives in order to discuss the need to reform the competition rules applicable to Internet commerce. This group of stakeholders will produce a report for the (...)

Anticompetitive practices

 The Dutch Competition Authority orders a Big Tech company to adjust the unreasonable conditions in its app store that forbids dating app providers to choose freely a payment system for purchases made in the apps by consumers (Apple)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 212 contributions 36838 visits
ACM obliges Apple to adjust unreasonable conditions for its App Store* The Netherlands Authority for Consumers and Markets (ACM) has ordered Apple to adjust the unreasonable conditions in its App Store that apply to dating-app providers. Dating-app providers are currently not able to choose (...)

The Italian Competition Authority imposes fines totalling €203M on two Big Tech companies for discriminatorily selecting re-sellers of one company’s products on the other company’s e-commerce platform (Apple / Beats)
Van Bael & Bellis (Brussels)
Belgium 175 contributions 58670 visits
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Van Bael & Bellis (Brussels)
Belgium 42 contributions 10199 visits
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Van Bael & Bellis (Brussels)
Belgium 32 contributions 6103 visits
On 16 November 2021, the Italian Competition Authority (“ICA”) imposed a fine of € 68.7 million on Amazon and € 134.5 million on Apple for infringing Article 101 Treaty on the Functioning of the European Union (“TFEU”) with regard to the distribution of Apple products over Amazon Marketplace (...)

The French Competition Authority fines several players in the road freight transport sector €500K for boycotting digital intermediation platforms (H2P / B2PWeb / Evolutrans / Astre...)
French Competition Authority (Paris)
France 748 contributions 411055 visits
The Autorité de la concurrence fines several players in the road freight transport sector for boycotting digital intermediation platforms* Background The Autorité opened an investigation following a referral from the Ministry of Economy and Finance (DGCCRF), followed by dawn raids in (...)

The Russian Competition Authority initiates an investigation against a national search engine platform (Yandex)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 57364 visits
The FAS Russia has initiated case against Yandex* The company has not fulfilled the warning of the FAS Russia on termination of discriminatory conditions in the market of web search On February 20, 2021 the FAS Russia issued a warning to Yandex LLC, according to which the organization had (...)

The Danish Competition Authority and other competition authorities publish a joint memorandum on online pharmacy markets in the Nordic countries
Danish Competition and Consumer Authority (Copenhagen)
Danemark 133 contributions 36458 visites
Nordic Competition Authorities: Online pharmacies can increase competition in the pharmacy sector* The Nordic Competition Authorities have 14.4.2021 published a joint memorandum on online pharmacy markets in the Nordics. The memorandum finds that the size and regulation of online pharmacy (...)

The Italian Competition Authority launches an investigation on two giant tech companies for implementing a competition-restricting agreement (Apple / Amazon)
Italian Competition Authority (Rome)
Italie 72 contributions 19341 visites
ICA: investigation launched against Apple and Amazon for banning the sale of Apple- and Beats-branded products to retailers who do not join the official programme* Italian Competition Authority launched an investigation pursuant to Article 101 TFUE against the companies in the Apple Inc. and (...)

The Italian Competition Authority announces the opening of an investigation against two Big Tech firms for violation of Article 101 TFEU (Apple / Amazon)
Luiss Guido Carli University (Rome)
Italie 27 contributions 5640 visites
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Bird & Bird (Rome)
Italie 19 contributions 4224 visites
On 22 July, the Italian Competition Authority (the "ICA") announced it had opened an investigation against Apple and Amazon for an alleged violation of article 101 TFEU. Following a complaint received in February 2019 from a retailer who was banned from reselling products on the Amazon (...)

The German Competition Authority approves a sports retailer’s new online platform as it concerns only a small part of the retail market and will therefore hardly affect competition between retailers (Intersport)
Bird & Bird (Dusseldorf)
Allemagne 12 contributions 2073 visites
Intersport, the world’s largest association of medium-sized retailers of sport products, switched its online sales platform operated by the Intersport subsidiary Intersport Digital GmbH (“IDG”) to a so-called "drop shipment business model". Although the Federal Cartel Office (“FCO”) found that (...)

The German Competition Authority approves a sports retail company’s joint distribution platform (Intersport)
Van Bael & Bellis (Brussels)
Belgium 391 contributions 95407 visits
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Van Bael & Bellis (Brussels)
Belgium 33 contributions 4388 visits
On 25 June 2020, the German Federal Cartel Office (“FCO”) approved Intersport’s online distribution model through a joint online platform under the Intersport umbrella brand for small retailers. Intersport is the world’s largest association of medium-sized companies in the sports retail (...)

The Indian Competition Authority approves a deal between an online platform and a telecom network provider aiming at providing local grocery stores access to e-commerce services (Facebook / JIO Platforms)
Saikrishna (New Delhi)
Inde 1 contribution 466 visites
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IndusLaw (Delhi)
3 contributions 1557 visites
Background The Indian antitrust watchdog Competition Commission of India (‘CCI’) approved the popular Facebook-JIO deal (‘the deal’) on June 25, 2020. The approval came two months after Facebook announced to invest whopping $5.7 billion in Reliance Industries Limited’s (‘RIL’) subsidiary JIO (...)

The Hong Kong Competition Authority launches a public consultation on the commitments offered by three online travel agents to remove certain parity clauses in their contracts with accommodation providers (Booking.com / Expedia / Trip.com) Free
Hogan Lovells (Hong Kong)
Hong Kong 5 contributions 1464 visites
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Hogan Lovells (Beijing)
China 81 contributions 21115 visits
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Hogan Lovells (Hong Kong)
Hong Kong 3 contributions 1297 visites
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On 31 March 2020 the Hong Kong Competition Commission (HKCC) commenced a public consultation on the commitments offered by three online travel agents (OTAs) to remove certain parity clauses in their existing and future contracts with accommodation providers in Hong Kong. The consultation (...)

The Spanish Supreme Court rules that ride-hailing services do not restrict competition and the restrictions imposed on them are unjustified and disproportionate (VTCs)
Ecija & Asociados (Madrid)
Espagne 20 contributions 2238 visites
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Bird & Bird (Madrid)
Espagne 29 contributions 4817 visites
The ongoing conflict between ride-hailing services (known in Spain as "VTCs"), such as Uber, and the taxi sector has led to a new ruling from the Spanish Supreme Court that confirms the view of the Spanish Competition Authority (the "CNMC") that the restrictions imposed on the VTCs are (...)

The German Competition Authority declares that certain online banking rules violate EU and German competition law (Deutsche Kreditwirtschaft)
German Competition Authority (Bonn)
Germany 458 contributions 117160 visits
Restriction of online payment services by German banking industry in violation of competition law* The Bundeskartellamt has declared certain rules in the online banking conditions of the German Banking Industry Committee (Deutsche Kreditwirtschaft) as illegal. The authority holds the view (...)

The EU Court of Justice and several National Competition Authorities adopt decisions regarding Most Favoured Nation clauses and rebate schemes that are relevant and applicable in the context of ASEAN competition law (Booking.com / Post Danmark)
Rajah & Tann (Singapore)
Singapour 6 contributions 4689 visites
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8 contributions 5202 visites
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K&L Gates (Washington)
États-Unis 1 contribution 612 visites
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This article has been nominated for the 2016 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Introduction As we move into the second half of the year, we examine two recent competition enforcement cases in Europe, and consider their relevance and (...)

The EU Court of Justice clarifies the object-effect dichotomy and deals with two-sided markets (Groupement des Cartes Bancaires)
University of Groningen
Pays-Bas 8 contributions 5012 visites
It Takes Two to Tango: Two-Sided Markets and the Appeals in Cartes Bancaires and MasterCard* The Court has recently decided on the appeals in two seminal cases: MasterCard MIF (MasterCard) and Groupement des Cartes Bancaires (CB). Both cases result from Commission decisions that found (...)

The French Competition Authority receives commitments from a railway company aiming at ending the competition concerns identified in the train ticket distribution sector (SNCF)
French Competition Authority (Paris)
France 748 contributions 411055 visits
The SNCF makes progress on the path to the equitable treatment of its voyages-sncf.com website and travel agencies* Within the scope of a procedure initiated before the Autorité de la concurrence, SNCF has proposed a series of commitments designed to make voyages-sncf.com and competing (...)

The German Competition Authority forbids a most favored nation clause to apply and orders its removal from the contracts between hotels and booking portals (HRS)
German Competition Authority (Bonn)
Germany 458 contributions 117160 visits
Online hotel portal HRS’s ’best price’ clause violates competition law – Proceedings also initiated against other hotel portals* Bonn, 20 December 2013: Today the Bundeskartellamt prohibited HRS from continuing to apply its ’best price’ clause (most favoured nation clause) and ordered the (...)

The German Competition Authority closes its investigation against an online book trader for price parity clauses (Amazon)
Ashurst (Milan)
Italy 103 contributions 30327 visits
Amazon Marketplace ends price parity* On 26 November 2013, Germany’s Federal Cartel Office (“FCO”) issued a press release stating that it has closed the investigation into Amazon’s “price parity” clauses applied in agreements with traders that operated on its Marketplace platform. In fact, (...)

The German Competition Authority closes its proceedings against an online book trader for enforcing price parity clauses on its marketplace platform (Amazon)
German Competition Authority (Bonn)
Germany 458 contributions 117160 visits
Amazon abandons price parity clauses for good* 26 November 2013: The Bundeskartellamt has today terminated its proceedings against Amazon for enforcing price parity clauses on its Marketplace platform after the company had met the requirements set by the authority. Andreas Mundt, President (...)

The German Competition Authority expresses concerns about best-price clauses for an internet platform operator (HRS)
German Competition Authority (Bonn)
Germany 458 contributions 117160 visits
Germany: The Bundeskartellamt expresses Concerns about Best Price Clauses for Operator of Internet Platform* On 25 July 2013, the Bundeskartellamt (BKartA) addressed a second statement of objections to HRS-Hotel Reservation Service Robert Ragge GmbH, Cologne (HRS), a hotel booking platform. (...)

The German Competition Authority continues to view the best price clause used by a hotel booking portal in a critical manner (HRS)
German Competition Authority (Bonn)
Germany 458 contributions 117160 visits
Bundeskartellamt continues to view HRS’s best price clause critically* The Bundeskartellamt has confirmed its competition concerns about the best price clause used by the hotel booking portal HRS. After examining the statements of HRS and all other relevant market participants, the (...)

The UK Competition Authority issues a Statement of Objections against two online travel agents and one hotel group for alleged restrictive practices (IHG / Expedia / Booking.com)
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105109 visits
United Kingdom: The Office of Fair Trading issues Statement of Objections against Booking.com, Expedia and Intercontinental Hotels Group* On 31 July 2012, the Office of Fair Trading (OFT) issued a Statement of Objections alleging that Booking. com B.V. (Booking.com), Expedia Inc (Expedia) (...)

The EU Commission opens formal proceedings to investigate alleged anti-competitive practices by five major international publishers in the e-book sales sector (Hachette Livre /Harper Collins / Simon & Schuster / Penguin / Verlagsgruppe Georg von Holzbrinck)
Sidley Austin (Brussels)
Belgium 6 contributions 2416 visits
Is Apple forcing customers to pay more for e-books? - Global developments in the alleged e-book price-fixing case* European investigations On December 6, 2011 the European Commission announced that it opened formal proceedings to examine whether five major international publishers (...)

The French Competition Authority accepts commitments to address competition concerns in the discount coupons sector (HighCo / Sogec / Perifem)
French Competition Authority (Paris)
France 748 contributions 411055 visits
The Autorité de la concurrence accepts commitments enabling all market operators to use Webcoupon or to develop equivalent solutions* After a referral by the Institut de liaisons et d’études des industries de consommation (ILEC), and the company Ma Liste de Courses (MLDC), which complained (...)

The Turkish Competition Authority investigates an online marketplace for vehicles and real estate over an alleged abuse of dominance (Sahibiden)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 173 contributions 84346 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turquie 2 contributions 730 visites
The Turkish Competition Authority has continued its investigations into alleged anti-competitive practices in digital markets. This time, the Competition Board (the Authority’s decision-making body) has launched a fully fledged investigation against Sahibinden Bilgi Teknolojileri Paz ve Tic (...)

Unilateral Practices

 The US FTC and 17 State Attorney Generals sue an online retail and technology company for adopting interlocking anticompetitive and unfair strategies to illegally maintain its monopoly power (Amazon)
US Federal Trade Commission (FTC) (Washington)
United States 184 contributions 47022 visits
FTC Sues Amazon for Illegally Maintaining Monopoly Power* Amazon’s ongoing pattern of illegal conduct blocks competition, allowing it to wield monopoly power to inflate prices, degrade quality, and stifle innovation for consumers and businesses The Federal Trade Commission and 17 state (...)

The Hong Kong Competition Authority opens a consultation on the proposed commitments offered by two leading online food delivery companies to address concerns over their restrictive agreements with restaurants (Foodpanda / Deliveroo)
Hong Kong Competition Commission (Hong Kong)
Hong Kong 55 contributions 11845 visites
Competition Commission consults on proposal to accept commitments offered by Foodpanda and Deliveroo* The Competition Commission (“Commission”) today commenced a consultation on the proposed commitments offered under section 60 of the Competition Ordinance (“Ordinance”) by two leading online (...)

The Dutch Competition Authority imposes periodic penalties on a Big Tech company for non-compliance with its earlier decision finding abuse of dominance against developers of dating apps by limiting their choice of a payment system (Apple)
Arendt & Medernach (Luxembourg)
Luxembourg 2 contributions 518 visites
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Van Bael & Bellis (Brussels)
Belgium 62 contributions 15407 visits
On 24 January 2022, the Dutch Authority for Consumers and Markets (“ACM”) decided to impose periodic penalties on Apple for its failure to comply with a decision of 24 August 2021 requiring Apple to change its App Store payment rules. In that decision, the ACM found that Apple had abused its (...)

The Italian Competition Authority imposes a record fine of over €1 billion as well as behavioral remedies on an e-commerce company for abusing its dominant position through engaging in discriminatory practices and denying third-party sellers access to certain sales prospects crucial to increasing their visibility on its website (Amazon)
Luiss Guido Carli University (Rome)
Italie 7 contributions 2625 visites
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Luiss Guido Carli University (Rome)
Italie 15 contributions 11495 visites
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Luiss Guido Carli University (Rome)
Italie 7 contributions 4359 visites
The case concerned a number of companies within the Amazon group (hereafter “Amazon”), including: a) Amazon Europe Core S.r.l., with legal domicile in Luxembourg, which is the company of the Amazon group responsible for the management of the websites of Amazon’s European marketplaces and owner (...)

The EU General Court largely dismisses a Big Tech company’s appeal against the Commission’s decision finding it had abused its dominant position by favoring its own comparison shopping service (Google Shopping)
General Court of the European Union (Luxembourg)
Luxembourg 64 contributions 32645 visits
The General Court largely dismisses Google’s action against the decision of the Commission finding that Google abused its dominant position by favouring its own comparison shopping service over competing comparison shopping services* The General Court upholds the fine of €2.42 billion (...)

The Japanese FTC closes the investigation against a Big Tech company for allegedly restricting business activities of digital app developers on its app store after the company agreed to update the store’s guidelines, including on payment methods and app review process (Apple)
Japan Fair Trade Commission (Tokyo)
Japan 140 contributions 25033 visits
Closing the Investigation on the Suspected Violation of the Antimonopoly Act by Apple Inc.* The Japan Fair Trade Commission (hereinafter referred to as the “JFTC”) has investigated Apple Inc. (hereinafter referred to as “Apple”) in accordance with the provisions of the Antimonopoly Act (...)

The US FTC files an amended complaint against a social media company alleging it resorted to an illegal buy-or-bury scheme to crush competition after a string of failed attempts to innovate (Facebook)
US Federal Trade Commission (FTC) (Washington)
United States 184 contributions 47022 visits
FTC Alleges Facebook Resorted to Illegal Buy-or-Bury Scheme to Crush Competition After String of Failed Attempts to Innovate* Agency’s amended complaint details how the monopolist survived existential threats by illegally acquiring innovative competitors and burying successful app (...)

The Spanish Competition Authority launches an investigation into two Big Tech companies’ possible restrictive practices in the internet sales of electronic products (Apple / Amazon)
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 47329 visits
On 1 July 2021, the CNMC announced an investigation against Apple and Amazon for possible restrictive practices in the Internet sales of electronic products and the provision of marketing services to third-party retailers through online platforms in Spain. The conduct under investigation (...)

The Indian Competition Authority opens an investigation into a Big Tech company for abusing its dominance in the market of smart TV operating systems and market for related mobile apps (Google / Xiaomi / TCL)
National Law University Odisha (Cuttack)
Inde 1 contribution 751 visites
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National Law University Odisha (Cuttack)
Inde 1 contribution 751 visites
In its order dated 22nd June 2021, the Competition Commission of India (CCI) directed an investigation against Google after being prima facie convinced of it abusing its dominance in the market of licensable smart TV device operating systems (OS) as well as the market for app store for Android (...)

The Italian Competition Authority fines a Big Tech company for abusively locking a SatNav rival out of their app store (Google / Enel X)
Municipality of Cagliari
168 contributions 134412 visits
By a decision handed down in the Google/Enel X case, the Italian Competition Authority (ICA) has fined Alphabet Inc., Google LLC and Google Italy Srl (hereinafter Google) for infringing Article 102 TFEU. Google bused its dominant position because not allowing the release of JuicePass, an app (...)

The Italian Competition Authority fines a Big Tech company for its refusal to publish an app developed by competitors allowing electric vehicle drivers to search and book an electric charging point while driving (Google / Enel X)
Luiss Guido Carli University (Rome)
Italy 27 contributions 5644 visits
On 27 April 2021, the Italian Competition Authority (ICA) fined Google for its refusal to publish an app developed by Enel X Italia (“JuicePass”) on Android Auto allowing electric vehicle drivers to search and book an electric charging point while driving. Android Auto is a specific feature (...)

The Italian Competition Authority imposes a €102 million fine on a Big Tech company for abusing its dominant position by refusing to feature a competitor’s app on its digital platform (Google / Enel X)
Van Bael & Bellis (Brussels)
Belgium 32 contributions 6103 visits
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Van Bael & Bellis (Brussels)
Belgium 62 contributions 15406 visits
On 27 April 2021, the Italian Competition Authority (“ICA”) imposed a fine of over € 102 million on Alphabet Inc., Google LLC and Google Italy S.r.l. (collectively, “Google”) after concluding that Google had infringed Article 102 TFEU by refusing to include in Google’s own Android Auto app a (...)

The Indian Competition Authority grants interim relief to hotel franchisees in the online travel agency market (MMT-Go / Treebo / FabHotels)
National Law School of India University (Bangalore)
3 contributions 1644 visits
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Khaitan & Co (New Delhi)
India 1 contribution 288 visits
Although India’s competition law has contained an interim measure provision since inception, two things stood about the Competition Commission’s (“Commission”) usage of interim measures – (i) the overall frequency (or lack) of its usage; and (ii) its limited usage in a low shelf-life Bollywood (...)

The German Parliament passes its 10th amendment to the Competition Act which creates an enforcement tool for the Competition Authority to control the abusive behavior of companies with a paramount cross-market significance for competition
Orrick, Herrington & Sutcliffe (Dusseldorf)
Germany 5 contributions 1221 visits
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Clifford Chance (Dusseldorf)
Germany 4 contributions 578 visits
New enforcement tool for the German Federal Cartel Office in the control of abusive behavior of companies with a paramount cross-market significance for competition In a nutshell: What’s new? Introduction of the Concept of Intermediation Power: A dominant position can as of now also result (...)

The German Parliament passes the 10th amendment to the Restraints of Competition Act which provides modifications and changes regarding abuse control
Hogan Lovells (Düsseldorf)
Germany 1 contribution 258 visits
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Hogan Lovells (Düsseldorf)
Germany 2 contributions 718 visits
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Hogan Lovells (Düsseldorf)
Germany 11 contributions 4288 visits
On 14 January 2021, the German parliament passed the long-awaited 10th amendment to the Act against Restraints of Competition (ARC). This came after the governing parties, CDU/CSU and SPD, had submitted a final amendment "at the eleventh hour" which provided for some additional modifications (...)

The US State of Colorado AG leads a multi-State lawsuit against a Big Tech company to end its monopoly in the online search market (Google)
Office of the Colorado State Attorney General (Denver)
United States 1 contribution 64 visits
Colorado Attorney General Phil Weiser leads multistate lawsuit seeking to end Google’s illegal monopoly in search market* Bipartisan coalition of 38 Attorneys General allege Google illegally maintained a monopoly, created insurmountable barriers to entry for competitors Dec. 17, 2020 (...)

The Indian Competition Authority opens investigation into Big Tech company’s alleged exclusivity in digital payment services (Google)
Alfred Law
Canada 1 contribution 224 visits
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Indian Competition Commission (New Delhi)
India 1 contribution 224 visits
On November 09, 2020 the Competition Commission of India (hereinafter CCI) directed the Director General (hereinafter ‘DG’) to investigate digital payment services offered by Google, under section 26(1) of the Competition Act, 2002 (hereinafter ‘Act’). The allegations levied by the Informant (...)

The Indian Competition Authority receives an anonymous complaint on alleged dominance by a Big Tech company through the Android ecosystem (Google UPI)
National University of Study and Research in Law (Ranchi)
India 1 contribution 380 visits
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S&A Law Offices (Jharkhand)
India 1 contribution 380 visits
Introduction Pursuant to the scrutiny of WhatsApp over allegation of abusive dominance regarding its Payment app, the Competition Commission of India (CCI) warranted a detailed investigation against Google to monitor its anti-competitive practices over multiple facets including a violation (...)

The Amsterdam Court of Appeal rules that there is no abuse of dominance by one of the largest national real estate agencies in the online housing market (VBO / NVM / Funda)
University of Leiden - Europa Institute (Leiden)
Netherlands 1 contribution 260 visits
In its judgment, on the 26th May 2020, the Amsterdam Court of Appeal (‘the Court’) ruled that there is no abuse of Funda’s dominant position. The Court hereby dismissed the claim which had been filed by VBO Estate Agents in The Netherlands against Funda. This judgment ended a six-year-old (...)

The Amsterdam Court of Appeal finds no abuse of dominance by one of the largest national real estate agencies in its ranking of online advertisements (VBO / NVM / Funda)
Bird & Bird (The Hague)
Netherlands 2 contributions 467 visits
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KPN (Amsterdam)
Netherlands 33 contributions 7397 visits
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Bird & Bird (The Hague)
Netherlands 34 contributions 8962 visits
On 26 May 2020, the Amsterdam Court of Appeal (“Court”) delivered its judgment in a dispute between the real estate association VBO Makelaars (“VBO”) versus the Dutch Association of Real Estate Agents (“NVM”) over the online real estate platform of Funda Real Estate (“Funda”). The Court (...)

The Amsterdam Court of Appeal dismisses a claim that a real estate agency’s self-preferencing strategy is abusive because the competitive position remained unaffected (VBO / NVM / Funda)
European Court of Justice (Luxembourg)
Luxembourg 9 contributions 2009 visits
On 26 May 2020, the Amsterdam Court of Appeal (the “Court”) handed down its judgment in the dispute between the real estate agent association VBO (“VBO”) and Funda Real Estate (“Funda”) and the Dutch Association of Real Estate Agents (“NVM”). The Court upheld the judgment of the District Court (...)

The French Competition Authority imposes interim measures on a Big Tech company following a complaint alleging abuse of its dominant position on the online search advertising market (Amadeus / Google)
Bird & Bird (Paris)
France 23 contributions 3353 visits
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Vaillant Group (Paris)
22 contributions 3481 visits
On January 31st 2019, the French Competition Authority (“the FCA”) imposed interim measures on Google following a complaint lodged in May 2018 by Amadeus (a company offering directory enquiry services) alleging that Google had abused its dominant position on the online search advertising (...)

The Turkish Competition Authority finds that a real estate and vehicle sales online platform abused its dominant position through implementing excessive prices (Sahibinden.com)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turquie 11 contributions 2851 visites
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 173 contributions 84346 visits
This case note analyses the Turkish Competition Board’s (“Board”) recently published Sahibinden.com decision of October 1st, 2018 numbered 18-36/584-285 in which the Board assessed whether Sahibinden Bilgi Teknolojileri Paz. ve Tic. A.Ş. (“Sahibinden.com”) –an online platform which acts as an (...)

The Turkish Competition Authority follows the EU Commission’s footsteps in the search engines’ battles (Google)
ACTECON (Istanbul)
Turkey 27 contributions 9736 visits
The tech giant Google has been under the Turkish Competition Authority’s (“TCA”) scrutiny due to its practices in the market for licensable mobile operating systems and under the judicial review since July 2015. In September 2018, the TCA has finally released its short decision and imposed a (...)

The Paris Court of Appeal overturns an abuse of dominance ruling in the market for online mapping allowing for the geolocalisation of sales points on company websites (Google / Evermaps)
Ashurst (Milan)
Italie 103 contributions 30302 visites
Paris Court of Appeal overturns Google abuse of dominance ruling* On November 25, 2015, the Paris Court of Appeal (PCA) reversed the December 2012 ruling of the Commercial Tribunal of Paris (CTP) , which found that Google (specifically Google France and Google Inc.) abused its dominant (...)

The UK Competition Authority accepts commitments relating to platform services for the automotive sector (Epyx)
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105109 visits
United Kingdom: The Competition and Markets Authority accepts Commitments relating to Platform Services for Automotive Sector* On 9 September 2014, the Competition and Markets Authority (CMA) accepted final commitments offered by Epyx Limited (Epyx) relating to service, maintenance and (...)

The French Competition Authority makes legally binding the commitment of the holder of a legal monopoly over horserace bets placed in physical outlets, to separate its online horserace betting activity from its point of sale network (PMU)
Ashurst (Milan)
Italie 103 contributions 30302 visites
French Competition Authority orders PMU to separate its online horserace betting activity from its physical point of sale network* On 25 February 2014, the French Competition Authority (“AdlC”) issued a decision (available only in French) making legally binding the commitment of Pari Mutuel (...)

The French Competition Authority accepts the commitments submitted by the holder of a legal monopoly over horserace bets placed in physical outlets to separate its online horserace betting activity from its point of sale network (PMU)
French Competition Authority (Paris)
France 748 contributions 411055 visits
The Autorité de la concurrence has obtained a commitment from the PMU, which will separate its online horserace betting activity from its network of points of sale under monopoly. With this decision, the Autorité ensures that diversified legal supply is maintained, to the consumer’s benefit, (...)

The EU Commission obtains a new proposal on commitments in the context of an ongoing antitrust investigation on online searches and advertising (Google Shopping)
Ashurst (Milan)
Italie 103 contributions 30302 visites
Improved Google commitments (closer to) getting the thumbs up from the European Commission* On 5 February 2014, the European Commission issued a press release and a memo concerning the improved commitments proposed by Google (the commitments were made public by Google itself). At a press (...)

The French Competition Authority receives commitments from an incumbent betting company to distinguish its online horserace betting activities from those in physical outlets (PMU)
French Competition Authority (Paris)
France 748 contributions 411055 visits
PMU proposes commitments in order to distinguish its online horserace betting activities from those dealing with horserace betting in physical outlets* Following a complaint lodged by Betclic Everest Group (hereinafter Betclic) with the Autorité de la concurrence, the PMU proposed separating (...)

The EU Commission carries out a market test of commitments in its investigation of the online search service provider (Google Shopping)
Cleary Gottlieb Steen & Hamilton (Brussels)
Belgique 20 contributions 21016 visites
The Google Commitments – Testing Substantive Theories Through Remedy Discussion* Over the last two months, the Commission has been market testing commitments that Google has offered to resolve the Commission’s pending investigation. Many have made thoughtful comments. But there has also been (...)

The EU Commission considers that the commitments proposed by the dominant undertaking in the worldwide market for consolidated real-time data feeds were sufficient to address the abusive restrictions concerning the use of financial instrument codes (Thomson Reuters)
Norton Rose Fulbright (Brussels)
Belgique 32 contributions 14218 visites
The Thomson Reuters Commitment Decision* On November 12, 2013, the European Commission published a summary of its December 20, 2012 decision (the “Decision”) accepting commitments offered by members of the Thomson Reuters group (“Thomson Reuters”). The Decision ended a three-year-long (...)

The French Competition Authority issues an opinion concerning the dominant position of a search engine company in the market for online advertising (Google)
French Competition Authority (Paris)
France 748 contributions 411055 visits
The Autorité de la concurrence considers that Google holds a dominant position on the advertising market linked to search engines. It considers that competition law can apply limits to Google’s actions and provide a response to the competitive stakes brought to light by the actors, without the (...)

The Chinese State Administration for Industry and Commerce receives requests for review in the internet industry (Baidu / Tencent)
AnJie Broad Law (Beijing)
Chine 44 contributions 12628 visites
Market dominance and the Internet: new industry, new rules?* China’s biggest encyclopaedia website, Hudong.com, has requested an anti-monopoly review of Baidu, the leading Chinese internet search engine. Hudong.com is asking the State Administration for Industry and Commerce (SAIC) to fine (...)

The French Competition Authority issues an interim decision and opens an investigation to ascertain abuse of dominance by refusing to display advertising (Google / Navx)
Ashurst (Milan)
Italie 103 contributions 30302 visites
Google under investigation in France for alleged abuse in the online advertising market* On 30 June 2010, the French Competition Authority (“FCA”) issued an interim decision opening an investigation to ascertain whether Google abused its dominant position, as well as Navx’s state of economic (...)

The Italian Competition Authority publishes commitments offered to put an end to an antitrust investigation under article 102 TFEU concerning the use of newspaper content (Google Italy)
Ashurst (Milan)
Italie 103 contributions 30302 visites
Google offers commitments to close investigation in Italy* On 14 May 2010, the Italian Competition Authority (“AGCM”) published the commitments (available on the AGCM website) offered by Google to put an end to an antitrust investigation of its Google News service under Article 102 TFEU (see (...)

The Italian Competition Authority investigates alleged abuse of dominance in the market for online advertising (Google Italy)
Ashurst (Milan)
Italie 103 contributions 30302 visites
Italian Competition Authority investigates Google’s alleged abuse in the market for online advertising* On 26 August 2009, the Italian Competition Authority opened an investigation (see also press release of 27 August 2009) to determine whether Google is abusing its dominant position in (...)

The Hungarian Competition Authority establishes that the telecom incumbent abused its dominant position on the ADSL Internet market (Magyar Telekom)
Hogan Lovells (Budapest)
Hongrie 9 contributions 40763 visites
In its decision of 5 September 2006 the Hungarian Competition Office established that the practice adopted by Hungarian Telekom for ADSL-modem removal infringed Article 21 (a) of the Hungarian Competition Act - the equivalent provision to Article 82 of the EC Treaty. Hungarian Telekom, which (...)

The French Competition Authority dismisses a complaint regarding alleged anticompetitive practices in the sectors for internet music downloads and digital walkmans (Apple)
French Competition Authority (Paris)
France 748 contributions 411055 visits
Internet music downloads - The Conseil dismisses VirginMega’s complaint against Apple, due to insufficient evidence in view of the case elements available.* On 28th June 2004, the Conseil de la concurrence received a complaint from the company VirginMega regarding practices by the company (...)

The Turkish Court of Ankara annuls a decision of the Competition Authority which contains controversial issues such as market power provided by digital platforms and excessive pricing (Sahibinden.com)
Erdem & Erdem (Istanbul)
Turkey 67 contributions 76046 visits
Introduction Decision numbered 2019/946 E., 2019/2625 K. of the 6 th Administrative Court of Ankara (“Annulment Decision”) is critical since it has annulled the Competition Authority's (“Authority”) Sahibinden.com Decision numbered 18-36/584-285 and dated 01.10.2018 (“Sahibinden (...)

Mergers

 The EU Commission sends an online hotel booking platform a Statement of Objections over its proposed acquisition of an online flight booking platform (Booking.com / eTraveli)
European Commission - DG COMP (Brussels)
Belgium 1368 contributions 2943698 visits
Mergers: Commission sends Booking Statement of Objections over proposed acquisition of eTraveli* The European Commission has informed Booking Holdings (‘Booking’) of its preliminary view that its proposed acquisition of Flugo Group Holdings AB (‘eTraveli’) may allow Booking to strengthen its (...)

The US DoJ sues to block a global credit card company’s proposed acquisition of a leading financial data aggregation company (Visa / Plaid)
US Department of Justice (Washington)
United States 181 contributions 80287 visits
Justice Department Sues to Block Visa’s Proposed Acquisition of Plaid* Acquisition Would Eliminate Nascent Competitor Plaid and Prevent Disruption of Visa’s Monopoly in Online Debit Today, the Department of Justice filed a civil antitrust lawsuit to stop Visa Inc.’s $5.3 billion (...)

The Australian Competition Authority releases its statement of issues by expressing preliminary concerns over a proposed acquisition that would entrench an online platform’s dominant position in the supply of data-dependent health services and ad tech services (Fitbit / Google)
Bird & Bird (Sydney)
Australie 21 contributions 2517 visites
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Bird & Bird (Sydney)
Australie 28 contributions 3518 visites
On 18 June 2020, the Australian Competition and Consumer Commission (ACCC) released its Statement of Issues in relation to Google LLC’s proposed acquisition of Fitbit, expressing its concerns that the acquisition may further entrench Google’s dominant position in the supply of data-dependent (...)

The Chinese Ministry of Commerce releases a company from conditions previously imposed in an e-commerce merger (Wal-Mart / Yihaodian)
China Competition Bulletin (Beijing)
Chine 101 contributions 26798 visites
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University of Melbourne
Australie 103 contributions 29847 visites
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University of Melbourne
Australie 68 contributions 16435 visites
On 30 May 2016, the MOFCOM decided to release Wal-Mart from the conditions that it had imposed on Wal- Mart’s acquisition of Yihaodian in 2012. Wal-Mart had applied for release from these conditions in July 2015. When the MOFCOM conditionally approved Wal-Mart’s acquisition in 2012, the (...)

The French Competition Authority conditionally clears an acquisition of sole control on the pay-TV market (Canal Plus Overseas / Mediaserv)
French Competition Authority (Paris)
France 748 contributions 411055 visits
Subject to a number of commitments, the Autorité de la concurrence has cleared the acquisition of Mediaserv by Canal Plus Overseas, a subsidiary of the Canal Plus Group* The Autorité de la concurrence has cleared, subject to a number of commitments, the exclusive takeover by the Canal Plus (...)

The US FTC imposes divestiture and unusual conduct remedies to protect competition after an acquisition in commercial real estate databases and information services (CoStar / Loopnet)
PayPal
États-Unis 4 contributions 1456 visites
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Weil, Gotshal & Manges (Washington)
États-Unis 2 contributions 1038 visites
On April 26, 2012, the FTC challenged CoStar Group’s proposed $860 million acquisition of LoopNet and accepted a settlement that required not only divestitures, but also “unusual” additional conduct remedies. CoStar is the largest provider of commercial real estate (CRE) information services (...)

The US FTC seeks divestiture and conduct remedies before approving an acquisition in the highly concentrated market of commercial real estate information (CoStar / Loopnet)
Venable (New York)
États-Unis 1 contribution 338 visites
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1 contribution 338 visites
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Venable (Washington)
États-Unis 1 contribution 338 visites
After a year of scrutiny, the Federal Trade Commission (FTC) resolved its competitive concerns over the merger of two firms that provide commercial real estate (CRE) listings and other data. In April 2011, CoStar Group, Inc. announced plans to acquire LoopNet, Inc. for approximately $860 (...)

The Chinese Ministry of Commerce approves the merger of a supermarket chainstore and an e-commerce platform (Wal-Mart / Yihaodian)
Ingram Yuzek Gainen Carroll & Bertolotti (New York)
États-Unis 3 contributions 1428 visites
The notification for the Wal-Mart/Yihaodian transaction was submitted to China’s Ministry of Commerce on 16 December 2011. It was ultimately accepted on 16 February 2012 by MOFCOM after supplementation. At the expiration of the Phase III, or extended Phase II, period, on 13 August 2012, MOFCOM (...)

The US Federal Communications Commission conditionally approves a joint venture in the telecommunications sector subject to remedies resolving antitrust concerns (Comcast / NBC Universal)
Wolters Kluwer (Riverwoods)
United States 78 contributions 39280 visits
Comcast/NBC Universal Joint Venture Receives Regulatory Approval* The Department of Justice Antitrust Division and the Federal Communications Commission today conditionally approved a joint venture between Comcast Corp. and General Electric Co.’s subsidiary NBC Universal Inc. The joint (...)

The US District Court for the District of Columbia imposes divestiture and behavioral remedies before approving a merger to maintain competition in the market for primary ticketing services (Ticketmaster / Live Nation)
Robins Kaplan (Minneapolis)
États-Unis 2 contributions 834 visites
According to conventional wisdom, the Department of Justice and the Federal Trade Commission prefer structural merger remedies like divestiture over remedies that require ongoing monitoring of post-merger conduct. Structural remedies offer comparative ease of implementation and (...)

The US District Court for the District of Columbia demands divestiture and licensing to create two new competitors and imposes conduct remedies to limit the benefits of vertical integration in a merger in the primary ticketing services market (Ticketmaster / Live Nation)
Kelley Drye & Warren (Washington)
États-Unis 1 contribution 425 visites
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Kelley Drye & Warren (New York)
États-Unis 1 contribution 425 visites
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1 contribution 425 visites
The Department of Justice Antitrust Division (“DoJ”), along with 17 state attorneys general, reached an agreement with the parties last week that allows the merger of Ticketmaster Entertainment, Inc. (“Ticketmaster”) and Live Nation, Inc. (“Live Nation”) to proceed. The parties agreed to a (...)

The US District Court for the District of Columbia conditionally approves a vertical merger upon the implementation of structural and behavioral remedies in the market for primary ticketing services (Ticketmaster / Live Nation)
Crowell & Moring (Washington)
États-Unis 4 contributions 1620 visites
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McDermott Will & Emery (Washington)
États-Unis 8 contributions 1934 visites
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United Airlines (Chicago)
États-Unis 3 contributions 1326 visites
U.S. antitrust agencies, in a flurry of recent actions, have reinvigorated vertical merger enforcement, claiming competitive harm from what, in the past, would potentially have been viewed as efficiency-enhancing vertical integration. The Department of Justice (“DOJ”), in particular, has (...)

The US District Court for the District of Columbia seeks to divest part of a business and requires a licensing of software to mitigate the anticompetitive effects of a merger in the ticketing services industry (Ticketmaster / Live Nation)
Cleary Gottlieb Steen & Hamilton (Brussels)
Allemagne 9 contributions 2465 visites
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Cleary Gottlieb Steen & Hamilton (Washington)
États-Unis 8 contributions 2255 visites
After a decade of what was perceived by many as relatively restrained merger enforcement, the Obama administration has repeatedly and vocally vowed to “reinvigorate antitrust enforcement” and to “take effective action to stop or restructure mergers that are likely to harm consumer[s]”. (...)

The EU Commission clears in phase I a merger in the internet search market while addressing the concept of concentration and conducting a detailed two-sided market analysis (Microsoft / Yahoo!)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgique 69 contributions 33312 visites
Microsoft/Yahoo! – the concept of a concentration* The Commission’s recent decision approving Microsoft’s acquisition of Yahoo!’s Search Business (including internet search and search advertising) contains an interesting application of the definition of a concentration under the Merger (...)

The UK OFT refers a vertical merger to the Competition Authority based on horizontal concerns (Ticketmaster / Live Nation)
Herbert Smith Freehills (Brussels)
Belgium 121 contributions 74402 visits
On 11 June 2009, the Office of Fair Trading ("OFT") announced that it had decided to refer the proposed merger of Ticketmaster Entertainment Inc ("Ticketmaster") and Live Nation Inc ("Live Nation") to the Competition Commission ("CC") for an in-depth investigation. Despite the fact that there (...)

Procedures

 The US District Court for the Northern District of Texas dismisses the first blockchain antitrust case for alleged abuse of dominance position related to bitcoin (Gallagher / The Bitcoin Foundation)
Stanford University
États-Unis 8 contributions 20609 visites
We often talk about “history books” as if such things still existed, or mattered. Oh well, for what it’s worth, let me discuss the first (U.S.) case of blockchain antitrust. We long thought United American Corp. v. Bitmain was the one (read). In this case (filed in December 2018), United (...)

The Dusseldorf Higher Regional Court upholds the Competition Authority’s decision prohibiting the application of the "best price clause" in the online hotel booking sector (HRS)
German Competition Authority (Bonn)
Germany 458 contributions 117158 visits
HRS’s ‘best price’ clauses violate German and European competition law - Düsseldorf Higher Regional Court confirms Bundeskartellamt’s prohibition decision* Today the Düsseldorf Higher Regional Court rejected HRS’s appeal against the Bundeskartellamt’s decision of 20 December 2013. In its (...)

Regulatory

 The Italian Government approves the draft annual law for competition
White & Case (Milan)
Italie 2 contributions 371 visites
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White & Case (Milan)
Italie 2 contributions 371 visites
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White & Case (Milan)
Italie 2 contributions 371 visites
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After several delays, on November 4, 2021, the Italian Council of Ministers examined and finally approved the draft Annual Law for Competition ("Draft") pursuant to Article 47 of Law No. 99/2009. The Draft reflects most of the proposals sent to the Italian government by the Italian (...)

The US President Joe Biden signs an executive order on promoting competition in the American economy
Jones Day (Chicago)
États-Unis 1 contribution 573 visites
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Jones Day (Washington)
États-Unis 2 contributions 865 visites
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Jones Day (Washington)
États-Unis 20 contributions 4139 visites
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In Short The Situation: President Biden recently signed an Executive Order on Promoting Competition in the American Economy (the "Order") outlining 72 initiatives by more than a dozen federal agencies to combat "excessive" corporate consolidation and increase competition across the U.S. (...)

The US President Joe Biden publishes an executive order containing 72 initiatives to address competition concerns in several industries, including pharmaceuticals, biotech, and healthcare
White & Case (New York)
États-Unis 6 contributions 1899 visites
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White & Case (New York)
États-Unis 7 contributions 2706 visites
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White & Case (Washington)
États-Unis 13 contributions 3947 visites
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Citing concerns about growing consolidation, reduced competition, and increasing prices, President Biden issued on July 9, 2021 a sweeping Executive Order containing 72 initiatives to address competition concerns in a number of industries, including pharmaceuticals, biotech, and healthcare. (...)

The US President Joe Biden signs an executive order instructing more than a dozen federal agencies to promptly tackle some of the most pressing competition problems across the national economy
White & Case (Washington)
États-Unis 50 contributions 28470 visites
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White & Case (Washington)
United States 34 contributions 19769 visits
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White & Case (New York)
États-Unis 12 contributions 6069 visites
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A new Executive Order signed by President Biden includes 72 initiatives instructing more than a dozen federal agencies, including the US Department of Justice and the Federal Trade Commission, to, according to the White House’s Fact Sheet, "promptly tackle some of the most pressing competition (...)

The EU Commission proposes the Digital Markets Act, opening the door to a separation of revenue generation from consumer content which could increase the contestability of zero-priced platforms
Google (Munich)
Allemagne 1 contribution 77 visites
This article has been nominated for the 2021 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. 1. Introduction [1] The digital age has brought huge benefits to society, triggering huge social welfare gains, massive wealth creation and lots of (...)

The Austrian Government amends its taxi and private hire car regulation to remove the taximeter requirement from journeys concluded by way of a communications service
Austrian Competition Authority (Vienna)
Austria 64 contributions 7784 visits
New amendment to Occasional Traffic Act enables increased competition in the taxi and private hire car market* The Occasional Traffic Act (GelverkG), which includes provisions on the requirement to hold a licence, including the scope and granting of said licence in relation to the combined (...)

The Italian Competition Authority publishes the final report of the big data joint fact-finding survey which was launched in collaboration with the Communications Regulatory Authority and the Data Protection Authority
Bird & Bird (Rome)
Italy 19 contributions 4229 visits
On 10 February 2020, the Italian Competition Authority (“ICA”) published the final report of the Big Data joint fact-finding survey, launched in collaboration with the Italian Communications Regulatory Authority ("AgCom") and the Data Protection Authority on 30 May 2017. As part of the (...)

The Italian Competition Authority and two other Regulatory Authorities publish a joint investigative report on big data
Court of First Instance of Namur (Namur)
Belgium 224 contributions 47638 visits
On 10 February 2020, the Italian Competition Authority, the Authority for Communications Guarantees and the Authority for the Protection of Personal Data (together the “Authorities”) published a joint investigative report on big data (the “Report”). The Report is based on a one-year survey (...)

The Italian Competition Authority, the Communications Authority and the Data Protection Authority publish the findings of a joint sector inquiry into the field of big data
Portolano Cavallo (Milan)
Italy 63 contributions 10440 visits
On February 10, 2020 the Italian Authorities for Communications, Competition and Data Protection published the findings of a joint sector inquiry into the field of Big Data (“Investigation”), which lasted almost three years. It was launched on May 30, 2017 to study the functioning and impact (...)

The UK Digital Competition Expert Panel releases its report setting out its proposed changes for effective regulation of the digital economy
Freshfields Bruckhaus Deringer (London)
Royaume-Uni 1 contribution 138 visites
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Freshfields Bruckhaus Deringer (London)
Royaume-Uni 8 contributions 19146 visites
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Freshfields Bruckhaus Deringer (London)
Royaume-Uni 4 contributions 944 visites
On 13 March 2019, the UK’s Digital Competition Expert Panel, led by advisor to former US President Barack Obama, Professor Jason Furman, released its report setting out its proposed changes for effective regulation of the digital economy (the Report). UK Chancellor, Phillip Hammond, who (...)

The EFTA Surveillance Authority investigates members of the Norwegian banking sector for suspected breaches of competition rules (DNB / Nordea / Finance Norway / BankID)
EFTA Surveillance Authority (Brussels)
Belgique 141 contributions 28909 visites
ESA investigates DNB, Nordea, Finance Norway and BankID* The EFTA Surveillance Authority (ESA) has opened proceedings against DNB, Nordea, Finance Norway and BankID for suspected breaches of the competition rules in the EEA Agreement. Bits, a related organisation to Finance Norway, will also (...)

The French Competition Authority issues an opinion on its analysis of the wholesale fast and super fast broadband markets
French Competition Authority (Paris)
France 748 contributions 411055 visits
The Autorité de la concurrence delivers its opinion to ARCEP as part of the fourth round of analysis of the wholesale fast and superfast broadband markets.* Following a referral by the French Telecommunications and Posts Regulator (hereinafter ARCEP), the Autorité de la concurrence today (...)

The French Competition Authority clarifies the opinion it provided to the Telecommunications and Posts Regulator on high and very high speed Internet access coverage
French Competition Authority (Paris)
France 748 contributions 411055 visits
The Autorité de la concurrence provides clarifications regarding the opinion that it provided to the ARCEP on the ramp-up of access speed.* On 22 December 2009, the Autorité de la concurrence provided the French Telecommunications and Posts Regulator (Autorité de Régulation des (...)

The French Competition Authority issues an opinion on the broadband access delivered on the national market
French Competition Authority (Paris)
France 748 contributions 411055 visits
Conseil de la concurrence to lift ex ante regulation on the market for national broadband access.* As part of the market analysis procedure set up by the code of postal and electronic communications law, the Conseil de la concurrence, which was referred to on 25 and 6 October 2006, has just (...)