Collective dominance

Anticompetitive practices

The Danish Maritime and Commercial High Court confirms the Competition Authority’s decision stating that a Swedish engine manufacturer abused its dominant position (Deutz / Diesel Motor Nordic)
Danish Competition and Consumer Authority (Copenhagen)
Danish Maritime and Commercial High Court: Deutz and Diesel Motor Nordic infringed competition legislation by preventing the supply of spare parts for the IC3-trains* On 11 January 2021, the Maritime and Commercial High Court has confirmed that Deutz abused its dominant position by refusing to (...)

The UK Competition Authority calls for a new regime regulating tech giants
United Kingdom’s Competition Authority - CMA (London)
New regime needed to take on tech giants* The CMA is calling on the government to introduce a new pro-competition regulatory regime to tackle Google and Facebook’s market power. The dynamic nature of digital advertising markets and the types of concerns identified by the Competition and (...)

The UK Competition Authority publishes a statement outlining a series of regulatory initiatives aimed at tech giants (Google / Facebook)
Shearman & Sterling (London)
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Shearman & Sterling (London)
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DG COMP (Brussels)
On 1 July 2020, the U.K. Competition and Markets Authority (CMA) published a statement outlining a series of regulatory initiatives aimed at Google and Facebook, focused on digital advertising. This follows the release of the CMA’s report on digital advertising and online platforms the same day. (...)

The Indian Competition Authority directs an investigation into allegations of anti-competitive agreements between e-commerce marketplaces (Amazon & Flipkart)
Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (New Delhi)
The Competition Commission of India (CCI) has directed an investigation into allegations of anti-competitive agreements between e-commerce marketplaces Amazon and Flipkart, on the one hand, and sellers on these marketplaces, on the other. A Delhi based traders’ body alleged that Amazon and (...)

The Turkish Competition Authority finds no evidence on exclusionary practices by incumbents against a new entrant in the market for meal cards (Metropal)
Ankara Hacı Bayram Veli University (Ankara)
This case note analyses the decision of the Turkish Competition Authority (TCA) in which it has rejected the complaint due to lack of evidence that the incumbent undertakings in the market for meal cards collectively resorted to certain exclusionary practices upon the entry into market of the (...)

The Cypriot Competition Authority imposes €31m fine on nine commercial banks for anticompetitive practices (JCC)
Trojan Economics (Nicosia)
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Stephanie Theodotou Lawyer (Cyprus)
On 27/01/2016 the Cyprus Commission for the Protection of Competition (“CPC”) ended its investigation against eight commercial banks (Bank of Cyprus Public Company Ltd (“BOC”), Marfin Popular Bank Public Co Ltd (“Marfin”), Hellenic Bank Ltd (“Hellenic Bank”), Alpha Bank Cyprus Ltd (“Alpha Bank”), (...)

The Cypriot Competition Authority fines several banking for abuse of dominance and cartel (JCC )
Commission for the Protection of Competition of the Republic of Cyprus (Nicosia)
The Commission for the Protection of Competition with its decision no. 6/2016 dated 27/01/2016 imposed on JCC Payment Systems Limited, Bank of Cyprus Public Company Ltd, Marfin Popular Bank Public Co Ltd, Hellenic Bank Public, USB Bank Plc, Alpha Bank Cyprus Ltd, Emporiki Bank of Cyprus Ltd, (...)

Dominance

The Mexican Competition Authority investigates possible relative monopolistic practices in the market for the supply, distribution, and retail sale of consumer goods and related services
Mexican Competition Authority (Mexico City)
COFECE investigates possible relative monopolistic practices in the market for the supply, distribution and retail sale of consumer goods and related services* This investigation shall not be understood as a prejudgment, but as an action of the authority to verify compliance with the Federal (...)

The French Competition Authority fines three laboratories for abusive practices (Novartis / Roche / Genentech)
French Competition Authority (Paris)
Treatment for AMD: the Autorité fines 3 laboratories for abusive practices* The Autorité de la concurrence has imposed fines worth a total of €444 million on three pharmaceutical companies, Novartis, Roche and Genentech, for abusive practices designed to sustain the sales of Lucentis for AMD (...)

The French Competition Authority imposes a fine worth a total of €444 million on three pharmaceutical companies for collective abuse of dominance practices designed to sustain the sale of an expensive drug (Novartis / Roche / Genentech)
Ashurst (Paris)
The French Competition Authority ("FCA") has issued a rare decision sanctioning three laboratories active in treatment of age-related macular degeneration on the basis of collective abuse of dominance practices designed to sustain the sale of an expensive drug, Lucentis, to the detriment of a (...)

The French Competition Authority fines 3 laboratories for abusive efforts to segment market (Novartis / Roche / Genentech)
Van Bael & Bellis (Brussels)
Background On 9 September 2020, the French Competition Authority (the “FCA”) imposed a fine of € 444 million on Genentech, Novartis and Roche for abusing their collective dominant position on the market for the commercialisation of drugs for the treatment of age-related macular degeneration (AMD) (...)

The Lithuanian Competition Authority adopts guidance on main criteria used in the assessment of undertakings’ dominance
Lithuanian Competition Authority (Vilnius)
Konkurencijos taryba approves explanations concerning the assessment of a dominant position* Konkurencijos taryba has adopted the guidance indicating the main principles and criteria used when assessing if an undertaking holds a dominant position, as well as its position in the relevant (...)

The Dutch Trade and Industry Appeals Tribunal reverses a decision of the National Competition Authority requiring telecom providers to open up their fixed networks in the Netherlands to other providers (KPN / VodafoneZiggo / T-Mobile / Tele2)
Bird & Bird (Amsterdam)
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Bird & Bird (The Hague)
On 17 March 2020, the Dutch Trade and Industry Appeals Tribunal (“CBb”) reversed the 2018 decision of the Authority for Consumers and Markets (“ACM”) requiring telecom providers KPN and VodafoneZiggo to open up their fixed networks in the Netherlands to other providers. In September 2018, the ACM (...)

The Slovenian Competition Authority accepts commitments by the incumbent gas importer and supplier addressing concerns relating to long-term contracts on natural gas supply with industrial customers (Geoplin)
Fatur Law Firm (Ljubljana)
Introduction On 10 November 2017, the Slovenian Competition Protection Agency (hereinafter referred to as the CPA) has adopted a decision that renders legally binding the commitments offered by GEOPLIN LLC. (hereinafter referred to as GEOPLIN ), incumbent gas importer and supplier in the (...)

The Indian Competition Authority dismisses allegations of anticompetitive conduct and abuse of dominance against a global media company in the national cinema market (K Sera Sera Digital Cinema / NBC Universal)
Vaish Associates Advocates (New Delhi)
CCI dismisses cases against M/s NBC Universal Media Distribution Services Pvt. Ltd for anticompetitive agreements and abuse of dominant position* CCI by its order dated June 4, 2015 dismissed case against NBC Universal Media Distribution Services Pvt. Ltd (NBC), M/s UFO Movies India Ltd (...)

The Court of Almaty finds legal the decisions of Kazakhstan Antimonopoly Agency against a cellular operator based on its abuse of dominance in the market (JSC Kcell)
Center for Development and Protection of Competition Policy (Astana)
Facts JSC KCELL is registered with the State Register of dominants/mpnopolists, within the geographic boundaries of the Republic of Kazakhstan by «cellular services» type of activity in the aggregate proportion of over 50% with «KaR-Tel» LLP. The Agency of the Republic of Kazakhstan for (...)

The Russian Competition Authority sanctions the main suppliers of cards for tachographs for abuse of dominance (RusAvtoKart)
Russian Federal Antimonopoly Service (Moscow)
The leading suppliers of cards for tachographs abused market dominance* The Federal Antimonopoly Service (FAS Russia) found that the main suppliers of cards for tachographs – “RusAvtoKart” Ltd., “RusTAKHONET” OJSC and “NIIAT” OJSC violated the Law “On Protection of Competition” (Clause 1 Part 1 (...)

The Finnish Competition Authority issues report on collective management organisations and the promotion of healthy competition in the market of the copyrighted works (Teosto / Gramex / Kopiosto / Tuotos)
Finnish Competition and Consumer Authority (Helsinki)
Finnish Competition and Consumer Authority: Numerous problems on the copyright market* The ambiguity of the legislation and the complexity of the market serve to fortify the monopoly of the collective management organisations on the market, says the Finnish Competition and Consumer Authority (...)

The Lithuanian Competition Authority fines two retailers for imposing unfair conditions on their food and drinks suppliers (Norfos mazmena / Rivona)
Walless (Vilnius)
On January 24 2014 Competition Council of the Republic of Lithuania (LCC) fined two retailers - Norfos Mažmena, UAB Norfa, UAB (Norfa) and Rivona, UAB (Rivona) – for establishing provisions in their wholesale and purchase agreements which failed to comply with the requirements of the Law on the (...)

Mergers

The US DOJ announced that the second and third largest textbook publisher abandoned their merger after the DOJ expressed serious concerns about the harm to competition (McGraw-Hill Education / Cengage Learning)
US Department of Justice - Antitrust Division (Washington)
Cengage and McGraw-Hill Terminate Merger Agreement in Response to Antitrust Concerns* Cengage Learning Holdings II Inc. and McGraw-Hill Education Inc. mutually agreed to abandon their plans to merge after the Department of Justice informed the companies it had serious concerns that the (...)

The German Higher Regional Court in Düsseldorf upholds the Competition Authority’s decision to prohibit a merger between two supermarket chains (EDEKA / Kaiser’s Tengelmann)
European Commission (Brussels)
Düsseldorf Higher Regional Court confirms prohibition of EDEKA/Kaiser’s Tengelmann merger* Bonn, 24 August 2017: Yesterday the Düsseldorf Higher Regional Court rejected appeals filed by EDEKA and Kaiser´s Tengelmann against the Bundeskartellamt’s prohibition of the merger between the super market (...)

The Indian Competition Authority approves a merger of two global pharmaceutical companies subject to divestitures in seven markets for different formulations (Sun Pharma / Ranbaxy)
Vaish Associates Advocates (New Delhi)
Sun-Ranbaxy deal got conditional approval from CCI* CCI vide its order dated December 5, 2014 has conditionally approved the proposed merger between Sun Pharma and Ranbaxy (collectively called as “parties”), subject to the parties inter alia carrying out the divestiture of their products (...)

Regulations

The OECD holds roundtable on dig data
OECD - Competition Division (Paris)
Executive summary, by the Secretariat * The 126th meeting of the Competition Committee held a Hearing on 29 November 2016 to discuss Big Data and the challenges of adapting competition policy to the digital economy. Considering the background note prepared by the OECD Secretariat with the (...)

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