Buyer power in agreements and abuse of market power

Unilateral Practices

The Competition Commission of India rejects a complaint according to which an online booking accommodation provider abused of its dominant position (RKG / OYO)
Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (New Delhi)
In a case with important implications for the budget hotel sector, the CCI rejected at prima facie stage a complaint by RKG Hospitality, a hotelier, that Oravel Stays (OYO), which provides budget accommodation through online booking, had abused its dominant position by imposing one-sided, (...)

The German Competition Authority obtains amendments of seller rules active on a major online marketplace (Amazon)
German Competition Authority (Bonn)
Bundeskartellamt obtains far-reaching improvements in the terms of business for sellers on Amazon’s online marketplaces* In response to the competition concerns expressed by the Bundeskartellamt, Amazon is amending its terms of business for sellers on Amazon’s online marketplaces. Andreas (...)

The German Competition Authority ends an abuse probe after an online market place agrees to changing business terms for dealers (Amazon)
Heinz & Zagrosek (Köln)
Bundeskartellamt ends abuse probe after Amazon agrees to changing business terms for dealers* On July 17, 2019, the German Bundeskartellamt (Federal Cartel Office, “FCO”) terminated its dominance probe into Amazon’s business terms towards sellers on its marketplace after Amazon agreed to various (...)

The Croatian Competition Authority finds no abuse of market power from a dominant company in the food supply sector (Zagrebačka pivovara)
Croatian Competition Agency (Zagreb)
Lack of standing to act against Zagrebačka pivovara* On 1 June 2018 the Croatian Competition Agency (CCA) received an anonymous complaint regarding the alleged anti-competitive practices of Zagrebačka pivovara in the sense of abuse of the dominant position in the market, including the allegedly (...)

The Cyprus Competition Authority imposes a fine of €78,889.28 on an undertaking for abusing its dominant position by pricing water supply services in tourist area (Community Council of Kouklia)
Trojan Economics (Nicosia)
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Introduction On 12th March 2019 the Cyprus Commission for the Protection of Competition (“CPC”) issued a decision imposing a fine of €78,889.28 on the Community Council of Kouklia (“CCK”) for a violation of Section 6(1)(a) of the Protection of Competition Law (Law 13(I)/2008), as amended (“Law”). (...)

The Croatian Competition Authority opens an ex-officio proceeding against a dominant reseller suspected to impose restrictives clauses to its suppliers (Plodine)
Croatian Competition Agency (Zagreb)
CCA opens UTPs infringement proceeding against re-seller PLODINE* The Croatian Competition Agency (CCA) opened the infringement proceeding against the undertaking Plodine from Rijeka after having detected one or more unclear and possibly contestable provisions in the contracts concluded (...)

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

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

The Moldovan Competition Authority orders a municipal administration to annul its discriminatory regulations on the location of street vending units (Chisinau Municipal Council)
Faculty of Law - University of Macau
On 24 May 2018, the Competition Council of the Republic of Moldova (CC) found the Chisinau Municipal Council (CMC) in violation of Competition Act for imposing restrictions on the location of the street vending units . The CC’s investigation was prompted by the complaint of Alitela Prim SRL (...)

The German Supreme Court issues landmark ruling on unfair trading practices (EDEKA)
Jones Day (Frankfurt)
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Jones Day (Brussels)
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Jones Day (Frankfurt)
The Situation: Market-dominant and powerful companies in Germany are subject to a number of rules that are significantly broader and stricter than the European Union’s, Article 102 AEUV, which prohibits the abuse of a dominant position. The Development: A recent decision by the German Supreme (...)

The German Federal Court of Justice issues a landmark decision addressing the issue of “Wedding Rebates” demanded by undertakings with relative market power (EDEKA)
University of Kiel
The German Federal Court of Justice (BGH) had to assess the outcome of price negotiations between a powerful German food retailer (Edeka) and some of its suppliers. Edeka had just taken over a no-frills competitor (“Plus”) with more than 2000 outlets and was in the process of rebranding these (...)

The Malaysian Competition Appeal Tribunal upholds a decision of the Competition Authority in a case of abuse of dominance in the provision and management of online foreign workers permit renewals (My E.G)
Wong Partners (Baker McKenzie Kuala Lumpur)
On 28 December 2017, the Competition Appeal Tribunal (CAT) upheld the Malaysian Competition Commission’s (MyCC) decision on 24 June 2016 that My E.G. Services Berhad (MyEG) and its wholly-owned subsidiary, My E.G Commerce Sdn. Bhd. (MyEG Commerce) have abused their dominant position in the (...)

The UK Competition Authority alleges that two pharmaceutical companies have concluded a pay-for-delay agreement (Actavis / Concordia)
British Competition Authority - CMA (London)
CMA alleges anti-competitive agreements for hydrocortisone tablets* The CMA today alleged that Concordia and Actavis signed illegal agreements which enabled high prices for a life-saving drug to be prolonged. The Competition and Markets Authority (CMA) alleges that between January 2013 and (...)

The Turkish Competition Board takes legal action against an undertaking for abuse of dominance and restrictive agreements (Soda Sanayii)
ELIG Gürkaynak Attorneys-at-Law
Introduction On April 20 2016 the Turkish Competition Board published reasoned Decision 16-14/205-89, following its preliminary investigation into allegations that Soda Sanayii AŞ had violated: Article 6 of Law 4054 on the Protection of Competition by abusing its dominant position in the basic (...)

The Moscow Arbitration Court confirms the Competition Authority’s decision and prescription in relation to operating systems for smartphones (Yandex / Google)
Russian Federal Antimonopoly Service (Moscow)
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FAS Russia
In March 2016, the Moscow Arbitration Court expressed its support of the position of the Federal Antimonopoly Service (FAS Russia) on the case of abuse of dominance by the Google group of companies involving its actions on the Android operation system. The decision of FAS Russia was taken as (...)

The Turkish Competition Authority rejects the complaint that agreements between a major IT company and a number of OEMs on the exclusive pre-installation of mobile apps infringed competition rules (Yandex / Google)
University of Sussex (Brighton)
This case note analyses the decision of the Turkish Competition Authority (TCA) in which it has rejected the complaint of a rival IT company, Yandex, that agreements of a major IT company, Google, with a number of original equipment manufacturers (OEMs) on the exclusive pre-installation of its (...)

The Düsseldorf Higher Regional Court finds that “wedding-rebates” requested by a food retailer from its suppliers are not abusive (EDEKA)
Commeo (Frankfurt)
In its judgement of 18 November 2015, the Düsseldorf Higher Regional Court (“the Court”) quashed a decision of the Federal Cartel Office (“FCO”) which stated that German food retailer EDEKA abused its dominant position by requesting preferential purchase conditions and bonus payments from sparkling (...)

The Belgian Competition Authority imposes provisional measures in a case involving TV rights for a series of cyclocross competitions (Telenet)
Van Bael & Bellis (Brussels)
On 5 November 2015, the Competition College of the Belgian Competition Authority (“BCA”) imposed provisional measures with regard to TV rights for the Superprestige Cyclocross Competition to address a possible infringement of Article IV.1 and/or IV.2 of the Code of Economic Law (the Belgian (...)

The Russian Competition Authority finds that a smartphone operating system developer abused of its dominance on the market of pre-installed app stores (Google)
Russian Federal Antimonopoly Service (Moscow)
“Google” abuses its dominant position on the market of pre-installed application stores in “Android” OS* The FAS Commission arrived to that conclusion on 14th September 2015, based on investigating the case against “Google Inc, Google Ireland” Ltd., “Google” Ltd. FAS found that “Google Inc. Google (...)

The Indian Competition Authority fines the 15th car manufacturer for unilateral practices and anticompetitive agreements in the markets for spare car parts and car maintenance (Shri Shamsher Kataria / Honda Siel Cars India)
Vaish Associates (New Delhi)
CCI imposes a suspended penalty of INR 420 Crore on Hyundai Motor India Ltd. (HMIL)* CCI by its order dated July 27, 2015 has imposed a suspended penalty on HMIL. In continuation of the earlier order of CCI against car manufacturers, wherein the 14 car manufacturers were penalised for abusing (...)

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

The French Competition Authority obtains commitments from an owner of mobile operators pylons limiting the duration of new hosting contracts to 10 years (TDF)
French Competition Authority (Paris)
The Autorité de la concurrence obtains from TDF an improvement of the hosting contracts binding it to the mobile operators that use its pylons* In the scope of proceedings initiated before the Autorité de la concurrence by FPS Towers (hereinafter FPS), TDF commits to limiting the duration of new (...)

The Indian Competition Authority finds the largest national commercial real estate developer guilty of abuse of dominance in a local market for apartments (DLF Gurgaon)
Vaish Associates (New Delhi)
CCI holds DLF’s Buyer’s Agreement abusive and unfair* CCI by its order dated May 12, 2015 held that DLF Group abused its dominant position in the Gurgaon apartment buyers market by imposing abuse terms and unfair terms and conditions. CCI directed DLF and its group companies to cease and desist (...)

The German Competition Authority decides that the wedding rebates constituted benefits without any objective justification resulting in abuse of dominance on the food retail market (EDEKA)
German Competition Authority (Bonn)
Bundeskartellamt takes decision of principle in food retail case - EDEKA’s demands on suppliers were abusive The Bundeskartellamt has issued a decision stating that the demands made by EDEKA Zentrale AG & Co.KG on suppliers after its takeover of the Plus stores in 2009 ("wedding rebates") (...)

The Australian Competition and Consumer Authority institutes proceedings in the Federal Court of Australia against supermarket chain for exploitative conduct (Coles Supermarkets)
Australian Competition and Consumer Commission (Canberra)
ACCC takes action against Coles for alleged unconscionable conduct towards its suppliers* The Australian Competition and Consumer Commission (ACCC) has instituted proceedings in the Federal Court of Australia against Coles Supermarkets Australia Pty Ltd and Grocery Holdings Pty Ltd (together, (...)

The Canadian Competition Bureau supports the Government’s intention to address unjustified cross-border price discrimination to reduce the gap between consumer prices in Canada and the United States
Steve Szentesi Law Corporation (Vancouver)
New CD Howe Report on Canada/US Price Gap: Tariff and Supply Management Issues (Not Retailer Market Power)* Earlier on 6 May 2014, the C.D. Howe Institute issued a new report on the Canada/U.S. retail price gap issue entitled Sticker Shock: The Causes of the Canada-US Price Differential (...)

The Lithuanian Competition Council imposes fines for abusive practices in the food and drinks retail sector concerning return of goods (MAXIMA)
Lithuanian Competition Authority (Vilnius)
Competition council imposes a fine of 40 000 LTL on Maxima LT, UAB* On January 22, having established that the provisions set forth in MAXIMA LT, UAB (MAXIMA) supply agreements fail to comply with the requirements of the Law on the Prohibition of Unfair Practices of Retailers of the Republic (...)

The French Competition Authority fines a pharmaceutical laboratory for abuse of dominance in denigrating its competitors and in implementing anticompetitive agreements with its supplier (Arrow / Schering-Plough)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence fines the Schering-Plough pharmaceutical laboratory a total of 15.3 million euro for hindering entry onto the market of the generic of its originator medicinal product Subutex®* (...)

The Czech Office for the Protection of Competition imposes fines for abuse of significant market power on the retail market for agricultural and food products (Kaufland)
Braun Partners (Prague)
Food Retailers in the Czech Republic, Be Aware!* The so-called Act on Significant Market Power for the Sale of Agricultural and Food Products and the Abuse thereof (No. 359/2009 Coll.) had effect from 1 February 2010. In October 2013, internal appeal procedures ended with the first significant (...)

The German Competition Authority issues a statement of objections against a dominant retailer for abusive practices against economically dependent suppliers on the market for sales of sparkling wine (EDEKA)
German Competition Authority (Bonn)
Statement of objections issued against EDEKA for use of "wedding rebates" after Plus takeover - Bundeskartellamt considers demands on suppliers as abusive* Bonn, 26 July 2013: According to the Bundeskartellamt’s preliminary assessment, EDEKA Zentrale AG & Co.KG, Hamburg, has violated the (...)

The US Supreme Court declines to hear antitrust case leaving uncertainty regarding customer loyalty programs (Eaton / ZF Meritor)
Womble Bond Dickinson (Washington D.C.)
Supreme Court Declines to Hear Antitrust Case Leaving Uncertainty Regarding Customer Loyalty Programs* On April 29, 2013, the Supreme Court declined to review a decision that had created uncertainty as to when a manufacturer’s customer loyalty program may violate antitrust laws. Most circuits (...)

The Italian Competition Authority finds that the post incumbent breached article 102 TFEU by applying the VAT exemption regime to individually negotiated universal services in breach of Article 102 TFEU (VAT regime on postal services)
Bonelli Erede (Rome)
In its decision adopted on 27 March 2013, the Italian Competition Authority (“ICA” or the “Authority”) found Poste Italiane S.p.A. (“Poste” - the Italian incumbent operator in the postal sector) to have abused its dominant position in certain liberalised postal markets for the provision of universal (...)

The Finnish Competition and Consumer Authority investigates the phenomena related to the use of buying power with questionnaires directed retailers and the food industry
Finnish Competition and Consumer Authority (Helsinki)
An abridged English version of the Finnish Competition Authority’s study on the Trade in Groceries is now available* According to the FCA study on buying power in the trade in groceries, retailers use their firm position with respect to suppliers in several ways that may be considered (...)

The Latvian Competition Council imposes fines on a dominant undertaking for enforcing unfair trading conditions on a dependant wholesaler in the consumer goods and retail sector (Drogas)
Konkurences padome (Riga)
The Competition Council Fines Retail Chain for Abuse of its Market Power* On 14 December 2012, the Competition Council adopted a decision to fine AS Drogas which is the largest retail chain in the sector of health, beauty and household goods retail in Latvia. It was established that AS Drogas (...)

The Danish Competition Authority decides not to initiate any further investigation in a case of urging municipalities to sign contracts without initiating public tenders (KMD)
Danish Competition and Consumer Authority (Copenhagen)
The IT-company KMD’s strategy to urge municipalities to sign it-contracts with KMD and refrain from initiating public tenders* This case concerns whether the Danish IT-company KMD has breached section 11 in the Danish Competition Regulation and TEUF article 102 by pursuing a strategy to urge (...)

The Greek Competition Authority accepts commitments in a pay-TV case (Forthnet / Multichoice)
European Commission (Brussels)
Greece: The Competition Commission accepts Commitments in Digital Satellite Pay-TV Case* On 26 March 2012, the Grand Chamber of the Hellenic Competition Commission (HCC) decided, by a majority vote, to accept the commitments proposed by Forthnet S.A (Forthnet) and its subsidiary, Multichoice (...)

The Finnish Competition and Consumer Authority concludes that contract practices and regulation put at disadvantage primary producers within the food supply chain
Finnish Competition and Consumer Authority (Helsinki)
Finnish Competition and Consumer Authority study: contract practices and regulation put primary producers in a difficult position in the food supply chain The position of primary producers in the food supply chain is made more difficult both by tight regulation and groceries trade and food (...)

A Chinese District People’s court accepts a complaint brought by private companies against a public entity for abuse of administrative monopoly in the railway transport industry (Taiyuan Railway Bureau)
University of Melbourne
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China Competition Bulletin (Beijing)
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Institute of American Studies (Beijing)
Taiyuan Railway Bureau Sued for Monopoly* On 7 September 2011, the Shanxi Joint Transport Group Co., Ltd. brought an administrative lawsuit in the Taiyuan Xinghualing District People’s Court against the Taiyuan Railway Bureau for breaches of the AML and the Anti-Unfair Competition Law (AUCL). (...)

The Supreme Court of Norway renders its first judgment interpreting Section 11 of the Norwegian Competition Act which forbids the abuse of a dominant position (Tine)
BA-HR (Oslo)
On 22 June 2011, the Norwegian Supreme Court rendered its first ever judgment interpreting Section 11 of the Norwegian Competition Act which forbids the abuse of a dominant position, a provision akin to Article 102 TFEU. The judgement ultimately vindicates dairy producer Tine AS («Tine«) for (...)

A US district court, relying on ’common sense’, denies a motion to dismiss allegations of a ’price squeeze’ in the paper bags industry (Western Pacific Kraft / Duro)
Womble Bond Dickinson (Washington D.C.)
California Court Relies on “Common Sense” in Rejecting Twombley Challenge* Perhaps there is life for conclusory antitrust claims after Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007). On May 24, the United States District Court for the Central District of California denied a motion to (...)

The U.S. District Court Southern District of New York rejects a proposed settlement in the digitized book search sector (Google Books Settlement)
University of Chicago - Law School
Moving Forward in Google Book Search* On Tuesday, after more than a year of silence, Judge Denny Chin rejected the proposed settlement in the Google book search case. The innovative settlement asked more than Rule 23 could deliver. In his words, the settlement “would simply go too far.” Others (...)

The Serbian Competition Authority fines two leading dairy food companies for abusing their dominant position on the raw milk market (Mlekara / Imlek)
Faculty of Law - University of Macau
On 24 January 2011 the Serbian Competition Authority (KZK) fined the two leading dairy food companies Mlekara and Imlek (both controlled by Danube Foods Group BV) for the abuse of joint dominant position on the market for purchasing the raw milk from the dairy farms. For each of the two (...)

The Romanian Competition Authority finds no abuse of dominance in a situation of monopsony on the steel products market (Cost / Sterom)
Faculty of Law - University of Macau
On 22 December 2010 the Romanian Competition Authority (CC) completed its investigation into the possible abuse of dominance on the market for the cold drawn alloy steel bars manufactured by SC COST SA (COST). The CC’s investigation was prompted by a complained lodged by SC PCC STEROM SA (...)

The Latvian Competition Council fines retail chain for imposing unfair discounts on a milk processing company (Supernetto)
Konkurences padome (Riga)
The Competition Council Fines Retail Chain for Imposition of Unfair Discounts on Milk Processing Company* On 30 November 2010 the Competition Council (CC) adopted a decision to fine one of the largest retail chains in Latvia RIMI Latvia Ltd. for abuse of dominant position in retail trade. It (...)

The EU General Court confirms fine imposed by the Commission for abuse of dominant position in the market for reverse-vending machines (RVM) used to collect used beverage containers focusing on exclusive agreements and loyalty-based rebates (Tomra)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
On September 9, 2010, the General Court of the EU (the Court) issued its judgment in Tomra vs. Commission (Case T-155/06), dismissing an appeal brought by Tomra against a European Commission decision imposing a €24 million fine for abuse of its dominant position in Germany, Austria, Sweden, the (...)

The EU General Court upholds a Commission’s decision concerning an abuse of dominance in the market for machines for the collection of used beverage containers addressing the issues of loyalty rebates and exclusivity agreements (Tomra)
European University Institute (Florence)
Hungry for More?* Apologies for the long post, but I have several remarks to add to my former post under Tomra v. Commission: •Priority-setting – As most of you know, this judgment confirmed a Commission Decision of 2006, in which Tomra, a producer of reverse vending machines used for (...)

The US FTC settles the first significant antitrust enforcement action brought under section 5 of the FTC Act (Intel)
Skadden, Arps, Slate, Meagher & Flom (Washington DC)
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Skadden, Arps, Slate, Meagher & Flom (Palo Alto)
On August 4, 2010, the Federal Trade Commission (FTC) announced that it entered into an agreement with Intel Corporation to resolve a much-hyped administrative complaint filed on December 16, 2009. The FTC’s complaint against Intel was filed under Section 5 of the FTC Act, shortly after the FTC (...)

The Romanian Competition Council rejects a complaint regarding market entry of generics and price fixing in healthcare sector (Actavis / Novartis Pharma / Novartis)
Musat & Asociatii (Bucharest)
On January the 20th 2010 the Romanian Competition Council (the ‘Council’) issued the Decision 03/2010 rejecting a complaint filed by Actavis Group PTC (‘Actavis’) against two companies belonging to the Novartis Group - Novartis Pharma GmbH and Novartis AG (‘Novartis’) alleging a breach of the (...)

The High Court of Ireland holds that Dublin local authorities abused their dominant position in the household waste collection market in an attempt to remove rival private operators (Nurandale / Panda Waste services)
Arthur Cox (Dublin)
Nurendale Limited t/a Panda Waste Services v Dublin City Council & Ors arises out of a change (“Variation”) to the Waste Management Plan for the Dublin Region 2005-2010 made collectively by the four Dublin local authorities on 3 March 2008. Panda Waste Services (“Panda”) challenged this (...)

The Turkish Competition Authority finds no exclusionary conduct on the market for on-screen cinema advertising despite exclusivity contracts of the dominant undertaking (Fida)
University of Leeds
The Turkish Competition Authority (TCA) has acted on a complaint alleging that Fida Film Production Distribution and Advertising Corporation (Fida Film) has entered into exclusivity agreements with all major cinema companies and foreclosed 80% of the market with these, rendering the (...)

The Latvian Parliament amends the Competition Act changing the merger notification procedure and redefining the concept of dominant position in the retail sector
Konkurences padome (Riga)
Amendments to the Competition Law* On 1 September 2009 entered into force Amendments to the Competition Law of the Republic of Latvia. Most substantial issue of the Amendments refer to the merger control. As from September 1 merger notifications have to be submitted not only by those market (...)

The Czech Chamber of Deputies votes a bill on abuse of economic dependence (Bill on significant market power and the abuse thereof)
Czech Ministry of Justice (Prague)
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Czech Ministry of Justice (Prague)
On 15 May 2009, the Czech Chamber of Deputies voted in favour of a bill “on significant market power and the abuse thereof”. According to the voted text, “where, due to the situation on the market, a supplier becomes dependent on the buyer with respect to the possibility to deliver its goods to (...)

The EU Commission publishes its guidance paper on exclusionary abuses under Article 82 EC
White & Case (Brussels)
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White & Case (Brussels)
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White & Case (Brussels)
I. BACKGROUND The European Commission published the 24th February 2009 a Communication containing its long-awaited Guidance Paper on exclusionary abuses under Article 82 C(Commission Communication – Guidance on the Commission’s Enforcement Priorities in Applying Article 82 EC Treaty to Abusive (...)

The Japan Fair Trade Commission issues a cease and desist order against NAP clause preventing licensees from asserting certain intellectual property rights against its holder and customers (Microsoft)
Morrison & Foerster (Tokyo)
On September 16, 2008, Japan Fair Trade Commission (the “JFTC”) issued a ruling against Microsoft Corporation (“MS”) regarding its use of a so-called “NAP” clause in its software licenses. The MS NAP clause prevented licensees from asserting certain intellectual property rights against MS and its (...)

The French Competition Authority accepts commitments to address competition concerns in the TV services broadcasting sector (TDF)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. TV services Broadcasting: The commitments obtained by the Conseil de la concurrence from TDF will facilitate the entrusting of programme broadcasting by analogical channels to competing technical operators.* (...)

A US Court of Appeals affirms dismissal of conspiracy and monopolization in the elevator industry for failure to meet Twombly pleading standards (In re Elevator Antitrust Litigation)
Winston & Strawn (New York)
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Haug Partners (New York)
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Winston & Strawn (New York)
On September 4, 2007, the Second Circuit Court of Appeals affirmed the dismissal of all claims in In re Elevator Antitrust Litigation, No. 06-2138-cv, 2007 WL 2471805 (2d Cir. Sept. 4, 2007) (slip opinion available at http://www.ca2.uscourts.gov), finding that the complaint failed to satisfy (...)

The US Supreme Court rules that federal and state antitrust claims related to certain IPOs are preempted by federal securities laws (Credit Suisse Securities / Billing)
Winston & Strawn (New York)
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Haug Partners (New York)
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Winston & Strawn (New York)
In a decision announced earlier today, the United States Supreme Court held that federal securities laws implicitly preclude the application of antitrust laws to claims filed against ten leading investment banks over alleged conduct on initial public offerings during the technology boom of the (...)

The Austrian competition authority concludes general inquiry in the highly concentrated food distribution sector while highlighting indications of strong buyer power (Branchenuntersuchung Lebensmittelhandel)
European Court of Justice (Luxembourg)
In June 2007, the Austrian competition authority (Bundeswettbewerbsbehörde; “BWB”) published its final report on a general inquiry conducted in respect of the Austrian food wholesale and retail distribution sector with special regard to the phenomenon of buying power (“Nachfragemacht”) exerted by (...)

The US Supreme Court rules that federal securities laws implicitly preclude application of antitrust law to regulated securities industry related claims (Credit Suisse Securities / Billing)
Dentons (Washington)
Credit Suisse v. Billing: The Limited Impact on Application of Antitrust Laws in Federally Regulated Industries Following the 2008 Financial Crisis and Beyond* In Credit Suisse v. Billing, the Supreme Court of the United States considered whether antitrust laws were implicitly precluded from (...)

The EU Court of Justice upholds the fine imposed on an airline for abuse of market dominance (British Airways)
Freshfields Bruckhaus Deringer (Brussels)
In 1999 the Commission fined British Airways (BA) €6,800,000 for abuse of its dominant position on the market for air travel agency services, contrary to article 82 of the EC Treaty. The abuse consisted of a system of rebates granted to travel agents that was held to be both loyalty inducing and (...)

The US Supreme Court recognizes a limited claim for predatory bidding (Weyerhaeuser)
Penn State Law (University Park)
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University of Florida - Levin College of Law (Gainesville)
Weyerhaeuser Co. v. Ross-Simmons Hardwood Lumber Co.: The U.S. Supreme Court Recognizes a Limited Claim for Predatory Bidding* Monopsony is the negative image of monopoly. Narrowly defined, it is the structural condition in which a well-specified good or service has only one buyer. But just (...)

The French Competition Authority accepts some commitments to address competition concerns in the sector of magazine press (AudiPresse)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Conseil de la concurrence accepts Audipresse commitments to change clauses of integration of free magazines into audience survey.* As part of the litigation procedure opened against AudiPresse (formerly (...)

The EU Commission renders legally binding commitments offered by the largest rough diamonds producer to phase out diamond purchases from the most important competitor (De Beers)
DG COMP (Brussels)
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DG COMP (Brussels)
"De Beers: commitments to phase out diamond purchases from the most important competitor"* 1. Overview On 22 February 2006 the Commission adopted a decision pursuant to Article 9 of Regulation 1/2003 (hereafter: ‘Reg. 1/2003’) which rendered binding the commitments offered by De Beers in order (...)

The Danish Competition Council exempts an agreement between cinemas and advertisers (Dansk Reklame Film)
BECI (Brussels)
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Liège University
Dansk Reklame Film (hereinafter referred to as ““DRF”) is an intermediary between Cinemas and advertising agencies whose activities consist in entering into (i) agreements with advisers/agencies concerning the display of screen advertising in cinemas (ii) agreements with cinemas on hire of the (...)

The Japan Fair Trade Commission issues its recommendations against two companies to prevent the violation of Antimonopoly Act in the field of music broadcasting to the service stores (Usen and Nippon Network Vision)
Japan Fair Trade Commission (Tokyo)
Recommendations to Usen Corperation and Nippon Network Vision Corperation* The Fair Trade Commission has investigated two companies, namely, Usen Corporation and Nippon Network Vision Corporation (hereinafter referred to as “the Two Companies”) based on the provisions of the Antimonopoly Act. (...)

The UK Competition Appeal Tribunal finds a pharmaceutical company guilty of margin squeeze but rejects the OFT’s evidence on bundling (Genzyme)
DG COMP (Brussels)
Genzyme Limited ("Genzyme") is a pharmaceutical company which produces Cerezyme - the main drug for the treatment of Gaucher disease. The drug is taken by approximately 190 patients in the United Kingdom and is usually administered at home with the assistance of trained medical staff. Between (...)

The French Competition Authority rejects a request for interim measures on the pay-TV market (I>Télé / TPS)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Conseil de la concurrence rejects the request for interim measures filed by the news channel I>Télé and the Canal Plus Group, but continues its full inquiry into the case on the merits.* In July 2003, the (...)

The French Competition Authority sanctions major oil companies for having entered into agreements on the market of fuel distribution on motorways (Total Fina Elf France)
French Competition Authority (Paris)
Fuel distribution on motorways : the Conseil de la concurrence hands down sanctions against the major oil companies.* In a decision dated 31st March, 2003, following a referral by the Minister of Economy, the Conseil de la concurrence handed down sanctions against the company Total Fina Elf (...)

The French Competition Authority hands down interim measures to address competition concerns regarding broadcasting rights for French First League football matches (Ligue de Football Professionnel)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Broadcasting rights for French First League football matches - the Conseil de la concurrence hands down interim measures.* On 18th November 2002, the company TPS submitted to the Conseil de la concurrence an (...)

The German Competition Authority lodges an appeal on points of law at the Federal Supreme Court against the decision of the Higher Regional Court Düsseldorf in proceedings on abuse of dominance in the retail sector (WalMart)
German Competition Authority (Bonn)
Bundeskartellamt files appeal on points of law in the WalMart case (sales below cost price)* The Bundeskartellamt has lodged an appeal on points of law at the Federal Supreme Court against the decision of the Higher Regional Court Düsseldorf in the WalMart abuse proceedings. On 1 September (...)

The U.S. Second Circuit Court of Appeals affirms a nominal jury verdict of $1 for illegal monopolization by a professional football league (USFL/NFL)
Akin Gump Strauss Hauer & Feld (Dallas)
The U.S. Second Circuit Court of Appeals affirmed a jury verdict awarding the U.S. Football League (“USFL”) only $1 in nominal damages against the National Football League (“NFL”) and agreed with the jury’s finding that the NFL did not engage in exclusionary conduct through its agreements with (...)

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