Commitment Decisions

Dominance

 The South African Competition Authority releases its final report for online intermediation platforms market inquiry
South African Competition Commission (Pretoria)
South Africa 25 contributions 3004 visits
COMMISSION RELEASES FINAL REPORT FOR ONLINE INTERMEDIATION PLATFORMS MARKET INQUIRY* On 31 July 2023, Competition Commissioner Doris Tshepe handed over the final report and decision of the Online Intermediation Platforms Market Inquiry (OIPMI) to honourable Minister of Trade, Industry and (...)

The Albanian Competition Authority inspects the implementation of temporary measures to restore competition in taxi services at Tirana International Airport
Albanian Competition Authority (Tirana)
Albania 4 contributions 431 visits
Press releases* Following the concerns raised in the media on the implementation of the Decision of the Competition Commission no. 987, dated 24.05.2023 "For taking a temporary measure to restore competition in the taxi service market for travelers from and to Tirana International Airport", (...)

The Bulgarian Competition Authority conducts a consultation with the participants in the rail for freight transport market
Bulgarian Commission for the Protection of Competition (Sofia)
Bulgaria 20 contributions 2947 visits
The CPC is conducting a consultation with the participants in the rail for freight transport market in the country, according to proposal of DP NKZI for undertaking of commitments to ensure conditions for effective competition on the affected market* According to Art. 75, para. 3 of law on (...)

The Chinese State Administration for Market Regulation publishes draft amendments to the Anti-Unfair Competition Law for public comment that target the digital economy and companies with "relatively advantaged" market positions
Jones Day (Beijing)
China 3 contributions 475 visits
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Jones Day (Shanghai)
China 51 contributions 24083 visits
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Jones Day (Beijing)
China 13 contributions 2668 visits
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In Short The Situation: China’s antitrust enforcer, State Administration for Market Regulation ("SAMR"), published draft amendments to the Anti-Unfair Competition Law ("Amendments") for public comment that target the digital economy and companies with "relatively advantaged" market (...)

The Hong Kong Competition Authority brings its first case to the Competition Tribunal for resale price maintenance (Tien Chu)
Hong Kong Competition Commission (Hong Kong)
Hong Kong 55 contributions 11747 visits
Competition Commission brings first case on resale price maintenance to Competition Tribunal* The Competition Commission (“Commission”) today commenced proceedings in the Competition Tribunal (“Tribunal”) against The Tien Chu (Hong Kong) Company Limited (“Tien Chu”) for its engagement in (...)

The UK Competition Authority publishes environmental sustainability advice to the government
UK Competition & Markets Authority - CMA (London)
United Kingdom 407 contributions 100927 visits
CMA publishes environmental sustainability advice to government* The CMA has published advice on how competition and consumer laws can help meet the UK’s environmental goals, and has outlined plans for a Sustainability Taskforce. Advice suggests clarifying the law on providing environmental (...)

The UK Government consults on its ambitious reform of national competition policy, including on changes to allow the Government to play a more active role in shaping national competition policy and to increase the Competition Authority’s investigative and enforcement powers
Cleary Gottlieb Steen & Hamilton (London)
Belgium 32 contributions 38538 visits
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 27 contributions 8822 visits
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 3 contributions 472 visits
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On 20 July 2021, the UK Government launched its consultation on wide-ranging reforms to “bring [the UK’s] competition and consumer policies into the 21st century” [1] (the “Consultation”). While recognising that the UK’s competition regime “starts from a strong foundation” and “is (...)

The Romanian Competition Authority assesses 4 digital sectors in order to evaluate their characteristics and impact on competition
Romanian Competition Council (Bucharest)
Romania 160 contributions 29237 visits
The Competition Council assesses the online commerce* The Competition Council assesses four digital sectors, in Romania, in order to evaluate their characteristics and impact on the competition. The four sectors analysed are the following: online delivery intermediation services, online (...)

The UK Competition Authority announces that it will propose a package of remedies to address the issues found during its study into the electric vehicle charging market
White & Case (Brussels)
Belgium 21 contributions 24764 visits
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White & Case (Brussels)
Belgium 35 contributions 13487 visits
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White & Case (London)
United Kingdom 1 contribution 294 visits
On 26 May 2021, the UK Competition and Markets Authority announced that it would not undertake a market investigation reference on the back of its study into the electric vehicle charging market and will instead propose a package of remedies to address the issues found during the course of the (...)

The Slovak Parliament adopts the Act on Protection of Competition which implements the provisions of the ECN+ Directive
Čechová & Partners (Bratislava)
Slovakia 5 contributions 1862 visits
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Čechová & Partners (Bratislava)
Slovakia 12 contributions 18478 visits
The implementation of the Directive 2019/1 to empower the competition authorities of the Member States to be more effective enforcers and to ensure the proper functioning of the internal market (ECN+ Directive) is a topic that resonates in competition law circles all over the EU. In Slovakia, (...)

The Australian Competition Authority accepts a court-enforceable undertaking from two credit card companies about concerns that one of them may have limited competition regarding debit card acceptance through its dealings with large merchants (Visa)
Ashurst (Sydney)
United States 17 contributions 2397 visits
On 10 March 2021, Visa AP (Australia) Pty Ltd and Visa Worldwide Pte Limited (together, "Visa") entered into a court enforceable undertaking with the Australian Competition Consumer Commission ("ACCC"), seeking to address the ACCC’s concerns that Visa was leveraging its substantial market (...)

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 8274 visits
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Bird & Bird (Copenhagen)
Denmark 9 contributions 3977 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 US President signs into law the Criminal Antitrust Anti-Retaliation Act which seeks to protect whistleblowers in criminal antitrust cases
Fried Frank Harris Shriver & Jacobson (New York)
United States 2 contributions 261 visits
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Fried Frank Harris Shriver & Jacobson (New York)
United States 5 contributions 1281 visits
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Fried Frank Harris Shriver & Jacobson (Washington)
United States 8 contributions 2002 visits
This article has been nominated for the 2021 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Having an Effective Antitrust Compliance Program Is More Important Than Ever* Over the past two decades, having robust compliance programs has become (...)

The US Government reforms its criminal antitrust compliance legislation and policies
Fried Frank Harris Shriver & Jacobson (Washington)
United States 8 contributions 2002 visits
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Fried Frank Harris Shriver & Jacobson (New York)
United States 2 contributions 261 visits
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Fried Frank Harris Shriver & Jacobson (New York)
United States 5 contributions 1281 visits
This article has been nominated for the 2021 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Over the past two decades, robust compliance programs have become increasingly important across a wide range of enforcement matters. In addition to helping (...)

The UK Competition Authority publishes the final report in funerals market investigation
UK Competition & Markets Authority - CMA (London)
United Kingdom 407 contributions 100927 visits
CMA publishes final report in funerals market investigation* The CMA has published the final report on its in-depth market investigation into funeral services, confirming its remedies for the sector. The Competition and Markets Authority (CMA) has today confirmed its provisional (...)

The UK Competition Authority publishes its final report on funerals and crematoria market’s investigation
Ashurst (London)
United Kingdom 35 contributions 17109 visits
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Ashurst (London)
United Kingdom 2 contributions 176 visits
Following an in-depth market investigation into the funeral services sector, the Competition and Markets Authority ("CMA") published its final report in December 2020. The report identifies a number of competition issues and confirms a package of "sunlight remedies", including obligations on (...)

The UK Competition Authority publishes final report in its funeral market investigation and orders funeral directors and crematorium operators to disclose prices
Government Legal Department (London)
United Kingdom 18 contributions 2517 visits
On 18 December 2020, the UK’s Competition and Markets Authority (“CMA”) published the final report of its market investigation into funeral services. The CMA said that it had serious concerns about the sector and it has put in place a number of “sunlight” remedies designed to make the sector (...)

The French Competition Authority delivers its opinion on the competitive situation in Corsica island with a focus on food distribution, fuel distribution, maritime services, and waste management
French Competition Authority (Paris)
France 747 contributions 408213 visits
Food distribution, fuel distribution, maritime services and waste management: the Autorité delivers its opinion on the competitive situation in Corsica island* Following an investigation lasting several months, the Autorité today issues its opinion on the competitive situation on the island. (...)

The Slovak Competition Authority releases the first draft of the new Competition Act for consultation
Čechová & Partners (Bratislava)
Slovakia 5 contributions 1862 visits
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Čechová & Partners (Bratislava)
Slovakia 12 contributions 18478 visits
The Slovak national competition authority (Antimonopoly Office of the Slovak Republic, the “AMO”) released the first draft of the new Competition Act for consultation. The authorities and the public may submit comments to the draft until 6 November 2020. The proposed date of entry into force (...)

The EU Commission publishes a summary of the contributions from the national competition authorities to the impact assessment of the new competition tool
Van Bael & Bellis (Brussels)
Belgium 34 contributions 8127 visits
Earlier this year, the European Commission (the “Commission”) proposed a “new competition tool” (“NCT”) to address structural competition problems. Stakeholders could express their views on the need for an NCT and its design as part of an impact assessment and an open consultation until 8 (...)

The UK Competition Authority responds to the EU Commission’s consultations in relation to the digital services act package and new competition tool
UK Competition & Markets Authority - CMA (London)
United Kingdom 407 contributions 100927 visits
On 14 September 2020, the CMA published its response to the European Commission’s public consultations in relation to the Digital Services Act (DSA) and the New Competition Tool (NCT). The CMA is broadly supportive of the Commission’s DSA proposals. Notably, the regulation of large online (...)

The EU Commission publishes its 2019 annual activity report
Court of First Instance of Namur (Namur)
Belgium 224 contributions 47362 visits
On 25 June 2020, the European Commission’s Directorate-General of Competition (“DG Competition”) published its 2019 Annual Activity Report. In the foreword, Olivier Guersent, Director-General of DG Competition, expresses the view that creating “European Champions” would be a mistake as all (...)

The French Competition Authority publishes a study on competition and e-commerce
Court of First Instance of Namur (Namur)
Belgium 224 contributions 47362 visits
On 5 June 2020, the French Competition Authority (“FCA”) published a study on competition and e-commerce. The study highlights that digital technologies have considerably changed the commerce and distribution landscape. Many offline retailers are now marketing their products and services (...)

The EU Commission publishes a public consultation on the Digital Services Act covering issues such as online safety, freedom of expression and fairness
University Bocconi - Department of Law (Milan)
Italy 2 contributions 104 visits
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Portolano Cavallo (Milan)
Italy 63 contributions 10280 visits
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Portolano Cavallo (Milan)
Italy 3 contributions 311 visits
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On June 2 and 3, 2020, the European Commission launched two public consultations concerning firstly a “Digital Services Act” package and secondly a “New Competition Tool” in order to bring EU legal toolkits in line with the latest economic and technological developments. (...)

The Italian Government adopts a collective action reform aimed at making collective action proceedings available beyond consumer law
University of Trento (Trento)
Italy 1 contribution 265 visits
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University of Turin (Turin)
Italy 7 contributions 8549 visits
Introduction The new Italian collective action regime was adopted by law 12 April 2019, no. 31, but – after a further postponement occurred at the end of 2019 – it is now set to come into force on 19 November 2020. In particular, the remedy will only be available for claims filed after such (...)

The Belgian, Dutch and Luxembourg Competition Authorities issue a Joint Memorandum on competition in a digital world
Hogan Lovells (Brussels)
Belgium 8 contributions 3500 visits
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Hogan Lovells (Brussels)
Belgium 7 contributions 1313 visits
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King & Spalding (Brussels)
Belgium 8 contributions 1637 visits
On 10 October 2019, the competition authorities of Belgium, the Netherlands and Luxembourg (the "Authorities") issued a "Joint Memorandum" which adds further (BeNeLux) perspective to the on-going debate regarding "competition law for the digital economy". The document shares the views of the (...)

The US Patent and Trademark Office Director calls for a balanced and structured policy for patent licensing negotiations in standards organizations
Rutgers University (New Brunswick)
United States 26 contributions 25567 visits
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Standards allow companies to build compatible products. But they often include patents. And patents present complex issues. Licensors agree to reasonably (...)

The Belgian Parliament implements a directive on rules governing actions for compensation of damages arising out of anti-competitive practices
Freshfields Bruckhaus Deringer (Brussels)
Belgium 1 contribution 190 visits
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TikTok (Brussels)
Belgium 4 contributions 804 visits
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Freshfields Bruckhaus Deringer (Brussels)
Belgium 7 contributions 1986 visits
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Today marks the entry into force of the law which implements Directive No. 2014/104/EU of the European Parliament and Council of 26 November 2014 on certain rules governing actions for compensation of damages arising out of anti-competitive practices (the Damages Directive) into the Belgian (...)

The Turkish Competition Authority terminates an ongoing investigation upon the commitments offered by the exclusive broadcaster of the Turkish Super League Football Games (Krea İçerik Hizmetleri)
Turkish Competition Authority (Ankara)
Turkey 44 contributions 7944 visits
Investigation concerning Krea Content Services and Production AŞ was terminated upon the commitment offered.* According to the decision of the Competition Board dated 29.09.2022 and no 22-44/652-M, an investigation was opened in response to the claim that Krea İçerik Hizmetleri ve (...)

The South Korean FTC sanctions a semiconductor company for coercing a consumer electronics conglomerate into an unfavorable long-term agreement for the supply of smart device components (Broadcom / Samsung)
Korea Fair Trade Commission (Seoul)
North Korea 11 contributions 579 visits
KFTC Sanctions Broadcom for Coercing Samsung Electronics Into Unfavorable Long-Term Agreement for the Supply of Smart Device Components* KFTC Imposes remedies and fines Broadcom KRW 18.7 billion (tentative) for forcing Samsung to enter Into a long-term agreement through unfair means such as (...)

The South African Competition Authority agrees to behavioural remedies with a grocery retailer to resolve concerns over long-term exclusive leases (Spar)
South African Competition Commission (Pretoria)
South Africa 25 contributions 3004 visits
COMMISSION AND SPAR GROUP REACH AGREEMENT ON THE CESSATION OF LONG-TERM EXCLUSIVE LEASES* The Competition Commission (Commission) and the Spar Group Ltd (“The Spar Group”) have reached a consent agreement aimed at ending long-term exclusive lease agreements in the grocery retail sector. The (...)

The French Supreme Court allows follow-on damages action by the national health insurance fund in the wake of a major pharmaceutical company’s denigration strategy against rivals (CNAM / Sanofi)
Van Bael & Bellis (Brussels)
Belgium 64 contributions 28344 visits
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Van Bael & Bellis (Brussels)
Belgium 61 contributions 25882 visits
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Van Bael & Bellis (Brussels)
Belgium 163 contributions 56017 visits
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In a judgment dated 30 August 2023, the French Supreme Court rejected an appeal by Sanofi against the award of damages to the Caisse nationale d’assurance maladie des travailleurs salariés, the French national health insurance fund for employees ( CNAM ) (see, attached judgment). The damages (...)

The Turkish Competition Authority terminates an investigation concerning a bus ticketing services provider following commitments offered to remedy excessive pricing concerns (Obilet Bilişim Sistemleri)
Turkish Competition Authority (Ankara)
Turkey 44 contributions 7944 visits
The investigation about Obilet Bilişim Sistemleri AŞ terminated upon the commitment submitted* According to the Board decision dated 16.06.2022 and numbered 22-27/433-M, an investigation was opened with the claim that Obilet Bilişim Sistemleri AŞ violated article 6 of the Act no 4054 by (...)

The Dutch Competition Authority welcomes commitments submitted by a national energy trade company after the Authority’s investigation revealed that the company made a typing error during natural gas sales and failed to communicate about this error (Eneco Energy Trade)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 212 contributions 36510 visits
Eneco Energy Trade takes measures following ACM’s investigation into an incorrect market order* Energy trader Eneco Energy Trade (EET) has made commitments to the Netherlands Authority for Consumers and Markets (ACM) regarding measures aimed at reducing the likelihood of incorrect market (...)

The Italian Competition Authority closes its abuse of dominance investigation into a Big Tech company after it offered commitments regarding its data portability practices (Google)
Italian Competition Authority (Rome)
Italy 71 contributions 19082 visits
A552 - Italian Competition Authority: Following the Authority’s intervention, Google’s data portability becomes easier* Google’s investigation into alleged abuse of its dominant position has been closed with commitments. From now on it will be easier for users to transfer their data from (...)

The UK Competition Authority announces that a Big Tech company has offered commitments not to use seller data and to treat all sellers’ offers equally in response to competition concerns (Amazon)
UK Competition & Markets Authority - CMA (London)
United Kingdom 407 contributions 100927 visits
Amazon offers to change Marketplace rules to address CMA concerns* In response to competition concerns raised by the CMA, Amazon has offered commitments not to use Marketplace seller data and to treat all sellers’ offers equally when selecting which to feature in the ‘Buy Box’. Amazon has (...)

The German Competition Authority orders the national rail operator to open up its data to third party mobility platforms (Deutsche Bahn)
German Competition Authority (Bonn)
Germany 457 contributions 116345 visits
Open markets for digital mobility services – Deutsche Bahn must end restrictions of competition* Bonn, 28 June 2023: According to the Bundeskartellamt’s decision of 26 June 2023, Deutsche Bahn AG (DB) is in violation of competition law due to abusing its market power in relation to mobility (...)

The EU Commission seeks feedback on the commitments offered by the Spanish State-owned rail operator over its refusal to supply in the online ticket market (Renfe)
European Commission - DG COMP (Brussels)
Belgium 1361 contributions 2922166 visits
Antitrust: Commission seeks feedback on commitments offered by Renfe over possible anticompetitive practices in online rail ticketing in Spain* The European Commission invites comments on commitments offered by Renfe to address competition concerns over its alleged refusal to supply full (...)

The German Competition Authority orders the incumbent rail operator to make its real-time traffic data available to rivals (Deutsche Bahn)
Van Bael & Bellis (Brussels)
Belgium 9 contributions 1859 visits
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Van Bael & Bellis (Brussels)
Belgium 31 contributions 4238 visits
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Van Bael & Bellis (Brussels)
Belgium 24 contributions 5015 visits
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On 26 June 2023, the German FCO ordered the state-owned German rail incumbent Deutsche Bahn (“DB”) to cease the abuse of its dominant position in relation to mobility platforms and ordered DB (along with other measures) to make DB’s real time traffic data available to rival mobility platforms. (...)

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 11747 visits
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 Italian Competition Authority market-tests commitments proposed by a Big Tech search engine to close an abuse of dominance investigation over claims that the firm obstructed interoperability of users’ personal data (Google)
Portolano Cavallo (Milan)
Italy 63 contributions 10280 visits
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Portolano Cavallo (Milan)
Italy 36 contributions 7077 visits
On March 21, 2023, the Italian Competition Authority (AGCM or “ ICA”) published for market testing a set of commitments proposed by Google LLC (“Google”) to close an investigation for abuse of dominance under Article 102 of the Treaty on the Functioning of the European Union (“TFEU”) and the (...)

The UK Competition Authority opens consultation on the commitments offered by a Big Tech app store owner to allow app developers to use alternative payment options for in-app purchases (Google)
UK Competition & Markets Authority - CMA (London)
United Kingdom 407 contributions 100927 visits
App developers on Google Play store offered payment choices following CMA probe* Google has said it will allow developers to use alternative payment options after CMA investigation into its control over Google Play in-app purchases. The Competition and Markets Authority (CMA) is consulting (...)

The Italian Competition Authority closes an abuse of dominance investigation against a leading train operating company with a commitment decision (Trenitalia / NTV)
Municipality of Cagliari
168 contributions 134118 visits
In the High Speed and Regional Rail Transport case the Italian Competition Authority (ICA) opened an Article 102 TFEU enquiry into a non-price abusive practice in the market for rail passenger services the leading train operating company and former monopolist was alleged to have perpetrated. (...)

The Italian Competition Authority accepts the commitments offered by the national rail incumbent over its proposed grant of data access to a rival high-speed rail services provider for the purposes of selling combined tickets (Trenitalia / NTV)
Van Bael & Bellis (Brussels)
Belgium 9 contributions 1859 visits
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Van Bael & Bellis (Brussels)
Belgium 31 contributions 5864 visits
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Van Bael & Bellis (Brussels)
Belgium 61 contributions 15209 visits
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On 18 April 2023, the Italian Competition Authority (“ICA”) accepted commitments offered by the Italian national rail incumbent, Trenitalia S.p.A. (“Trenitalia”), whereby Trenitalia will grant Italo – Nuovo Trasporto Viaggiatori (“NTV”), its competitor in high-speed rail transport services, (...)

The Canadian Competition Authority enters into a consent agreement with a nuclear pharmaceutical company to address competition concerns with its contracting practices in the radiopharmaceutical industry (Isologic)
Canadian Competition Bureau (Gatineau)
Canada 84 contributions 11578 visits
Competition Bureau reaches agreement with Isologic to protect competition in healthcare* The Competition Bureau announced today that it has entered into a consent agreement with Isologic Innovative Radiopharmaceuticals Inc. (Isologic) to address competition concerns with its contracting (...)

The German Competition Authority closes an abuse of dominance investigation in the market for armoured transport vehicle maintenance following supply commitments by an armoured vehicle diagnostics service provider (Rheinmetall Landsysteme / FFG Flensburg Fahrzeugbau)
Fieldfisher (Düsseldorf)
Germany 1 contribution 98 visits
Introduction In a press release dated 13 March 2023, the German Cartel Office (BKartA) stated that Rheinmetall must share its maintenance software for wheeled armoured transport vehicles with its competitors for cartel law reasons. In the context of an abuse of dominance proceeding, the (...)

The German Competition Authority closes an abuse of dominance investigation after a diagnostics service provider for armoured vehicles offers commitments to supply (Rheinmetall Landsysteme / FFG Flensburg Fahrzeugbau)
German Competition Authority (Bonn)
Germany 457 contributions 116345 visits
Bundeskartellamt safeguards competition in maintenance of “Boxer” wheeled armoured transport vehicles* Bonn, 13 March 2023: The Bundeskartellamt’s abuse proceeding resulted in Rheinmetall Landsysteme GmbH providing diagnostic software developed by Rheinmetall for “Boxer” wheeled armoured (...)

The Czech Competition Authority concludes administrative proceedings against a company for abuse of dominance following commitments not to impose mandatory installation and maintenance obligations on clients (Honeywell)
Czech Competition Authority (Brno)
Czech Republic 49 contributions 6583 visits
THE OFFICE ACCEPTS HONEYWELL’S COMMITMENTS* The Office for the Protection of Competition (hereinafter referred to as „the Office“) terminated administrative proceedings against the undertaking Honeywell, spol. s r.o. for possible abuse of dominant position after committing not to require (...)

The Brazilian Competition Authority orders a food delivery service to cease exclusivity clauses and install remedies (iFood)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 75 contributions 21655 visits
CADE signs agreement with iFood in case involving exclusivity deals in food delivery marketplaces* The Cease and Desist Agreement intends to promote competition and facilitate the entry of other applications into the sector The Administrative Council for Economic Defense (CADE) entered (...)

The Spanish Competition Authority closes antitrust proceedings against an insurance company following commitments to address anticompetitive practices (DKV)
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 47058 visits
Following a complaint, the CNMC initiated an investigation against DKV Seguros y Reaseguros, S.A.E. (DKV) for having unilaterally cancelled the DKV Renta temporary disability policies of certain selfemployed policyholders during the pandemic, while encouraging them to contract other services. (...)

The German Competition Authority secures a licensing deal on behalf of news publishers as part of a now-concluded investigation into the world’s largest search engine (Google News Showcase)
German Competition Authority (Bonn)
Germany 457 contributions 116345 visits
Improvements for publishers using Google News Showcase* Bonn, 21 December 2022: The Bundeskartellamt has concluded its proceeding against Google/Alphabet with regard to the “Google News Showcase” online news service after Google made a number of important adjustments to the benefit of (...)

The EU Commission accepts the commitments of a Big Tech online marketplace to address concerns over discriminatory practices and its use of non-public data to unfairly bolster its own retail business (Amazon)
European Commission - DG COMP (Brussels)
Belgium 1361 contributions 2922166 visits
Antitrust: Commission accepts commitments by Amazon barring it from using marketplace seller data, and ensuring equal access to Buy Box and Prime* The European Commission has made commitments offered by Amazon legally binding under EU antitrust rules. Amazon’s commitments address the (...)

The French Competition Authority rejects request by a mobile telephone equipment hosting company to lift competition commitments due to likelihood of abuse of dominant position (TDF)
French Competition Authority (Paris)
France 747 contributions 408213 visits
Hosting of antennas on pylon sites: the Autorité de la concurrence rejects TDF’s request to lift its commitments* Background The Autorité de la concurrence has rejected TDF’s request to lift the commitments made mandatory by Decision 15-D-09 of 4 June 2015. The Autorité considers that (...)

The German Competition Authority receives a Big Tech company’s response that its virtual reality headsets can now be used without an account on its social network (Meta Quest / Meta)
German Competition Authority (Bonn)
Germany 457 contributions 116345 visits
Meta (Facebook) responds to the Bundeskartellamt’s concerns – VR headsets can now be used without a Facebook account* Users who want to use the Quest 2 VR headset offered by Meta Quest (formerly Oculus) no longer need a Facebook account to do so. Meta has responded to the Bundeskartellamt’s (...)

The Hellenic Competition Authority fines a beverage manufacturer €10.3M for concluding exclusivity agreements with retailers (Coca-Cola)
Hellenic Competition Commission (Athens)
Greece 132 contributions 18275 visits
Imposition of a €10,342,773 fine on COCA COLA 3Ε* Subject: HCC Decision no. 762/2021 imposing a fine of EUR 10,342,773 on the company COCA COLA HELLENIC BOTTLING COMPANY S.A. (COCA COLA 3E) for infringements of articles 2 L. 3959/2011 and 102 TFEU, following an ex officio investigation of (...)

The Indian Competition Authority sanctions an online search giant for abusive tying, prohibiting forks in its mobile operating system and concluding exclusivity agreements (Google / Umar Javeed / Sukarma Thapar / Aaqib Javeed)
Gujarat National Law University (Gandhinagar)
India 1 contribution 139 visits
On October 20, 2022, the Competition Commission of India (“CCI”) in Umar Javeed v. Google LLC, under Section 27 of the Competition Act, 2002 (“the Act”), fined Google Rs 1,337 crores and issued a cease-and-desist order for engaging in multiple anti-competitive acts. The Information was filed (...)

The Indian Competition Authority imposes monetary fines on travel agents for abusing their dominant position in the online hotel bookings market (MMT-Go / OYO)
Talwar, Thakore & Associates (New Delhi)
India 3 contributions 183 visits
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Talwar, Thakore & Associates (New Delhi)
India 13 contributions 7396 visits
Introduction On 19 October 2022, the Competition Commission of India (CCI) fined the leading Indian online travel agents (OTAs) MakeMyTrip India Pvt Ltd (MMT) and Ibibo Group Private Limited (Goibibo) (collectively referred to as "MMT-Go") 223,480,000 rupees (approximately $27.09 million) (...)

The Brazilian Competition Authority signs an agreement with a health club aggregator platform to halt exclusivity clauses and resale price maintenance practices (Gympass)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 75 contributions 21655 visits
CADE signs agreement with Gympass in Brazilian health club market* Daily fines are to be applied in case of non-compliance On 21 September 2022, the Administrative Council for Economic Defense (CADE) ratified the Cease and Desist Agreement with Gympass on the administrative enquiry that (...)

The EU General Court confirms abuse of dominance by a Big Tech company through tying, with the real legacy of the case extending far beyond (Google Android)
Centre for Economic Policy Research (CEPR) (London)
United Kingdom 33 contributions 79215 visits
This article has been nominated for the 2023 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. The General Court confirmed on 14 September 2022 the EC finding in 2018 that Google had abused its dominance by tying its Android operating system with its app (...)

The Slovak Competition Authority accepts the commitments of the national postal service to remedy competition concerns over discriminatory pricing (Slovenská pošta)
Slovak Competition Authority (Bratislava)
Slovakia 57 contributions 5719 visits
ABUSE OF DOMINANT POSITION: AMO SR issued a commitments decision against the company Slovenská pošta, a.s.* AMO SR imposed on the party to the proceedings the obligation to fulfill commitments. On 14 May 2021 the Antimonopoly Office of the Slovak Republic, the Division of Abuse of Dominant (...)

The EU Commission seeks feedback on commitments offered by an online retail platform concerning marketplace seller data and access to certain features (Amazon)
European Commission - DG COMP (Brussels)
Belgium 1361 contributions 2922166 visits
Antitrust: Commission seeks feedback on commitments offered by Amazon concerning marketplace seller data and access to Buy Box and Prime* The European Commission invites comments on commitments offered by Amazon to address competition concerns over its use of non-public marketplace seller (...)

The French Competition Authority accepts an advisory firm as the monitoring trustee to ensure a Big Tech firm complies with commitments (Google / Accuracy)
French Competition Authority (Paris)
France 747 contributions 408213 visits
Related rights: The advisory firm, Accuracy, has been accepted by the Autorité de la concurrence as a monitoring trustee in the case involving Google* On Friday 7 September, the Autorité de la concurrence accepted the advisory firm, Accuracy, as a monitoring trustee in the case involving (...)

The French Competition Authority accepts a Big Tech’s commitments to create a framework for the transparent assessment of the remuneration of related rights for the benefit of press agencies and publishers (Google)
French Competition Authority (Paris)
France 747 contributions 408213 visits
The Autorité accepts Google’s commitments to create a framework for negotiating and sharing the information necessary for a transparent assessment of the remuneration of related rights and makes these commitments binding Background Today, the Autorité de la concurrence issues a decision in (...)

The French Competition Authority accepts a Big Tech company’s commitments to compensate publishers for the use of journalistic content (Google)
Van Bael & Bellis (Brussels)
Belgium 61 contributions 15209 visits
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Toyota (Brussels)
Belgium 38 contributions 8655 visits
On 21 June 2022, the French Competition Authority (“FCA”) announced that it accepted Google’s commitments related to compensating French publishers for the use of their journalistic content in a range of Google’s services. This brings to an end the FCA’s investigation into Google’s alleged (...)

The French Competition Authority accepts commitments from a social media platform to remedy competition concerns over a refusal to provide access to a marketing tool (Meta)
Van Bael & Bellis (Brussels)
Belgium 61 contributions 15209 visits
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Toyota (Brussels)
Belgium 38 contributions 8655 visits
On 16 June 2022, the French Competition Authority (“FCA”) announced that it accepted Meta’s commitments related to practices that would have raise competition concerns in the French market for non-search related online advertising. This clarifies the conditions of access to Meta’s partnership (...)

The UK Competition Authority secures legally binding commitments from a manufacturer of six cancer drugs to maintain reduced prices for 10 years (Aspen)
UK Competition & Markets Authority - CMA (London)
United Kingdom 407 contributions 100927 visits
CMA helps NHS secure price and supply commitment for cancer drugs* The CMA has worked to ensure that pharmaceutical company Aspen’s commitments to reduce prices for life-saving cancer medicines can be enforced in the UK following its exit from the European Union. The European Commission (...)

The Australian Competition Authority accepts a court-enforceable undertaking from a racing company after raising competition concerns relating to speedway racing in Victoria (Speedway Australia)
Australian Competition and Consumer Commission (Canberra)
Australia 397 contributions 84198 visits
Speedway Australia undertakes to address competition concerns involving sprintcar tracks* The ACCC has accepted a court-enforceable undertaking from N.A.S.R. Incorporated, trading as Speedway Australia, after the ACCC raised competition concerns relating to speedway racing in Victoria. The (...)

The UK Competition Authority accepts a Big Tech company’s commitments in its treatment of third-party cookies (Google Privacy Sandbox)
Van Bael & Bellis (Brussels)
Belgium 11 contributions 2489 visits
On 11 February 2022, the UK’s Competition and Markets Authority (“CMA”) issued its decision to accept the commitments offered by Google in relation to its Privacy Sandbox proposals (“the Decision”). The Decision is noteworthy in several respects. First, it highlights the complicated tradeoffs (...)

The EU General Court rejects an appeal to overturn a Commission decision which made the commitments of a gas company binding to address concerns on the wholesale supply of gas in Central and Eastern Europe (Gazprom)
General Court of the European Union (Luxembourg)
Luxembourg 64 contributions 32508 visits
The General Court dismisses the action brought against a decision by the Commission to make binding on Gazprom commitments proposed by the latter in order to address competition concerns raised by the former in relation to the national markets for the upstream wholesale supply of gas in the (...)

The German Competition Authority holds consultations on a Big Tech company’s proposals for dispelling competition concerns in the press sector (Google News Showcase)
German Competition Authority (Bonn)
Germany 457 contributions 116345 visits
Google News Showcase – Bundeskartellamt holds consultations on Google’s proposals for dispelling competition concerns* Google has proposed measures to dispel the Bundeskartellamt’s competition concerns in the authority’s ongoing proceeding to examine the Google News Showcase online service. (...)

The German Competition Authority designates a parent company of a Big Tech company as an undertaking of paramount significance for competition across markets (Google / Alphabet)
Hausfeld (Berlin)
Germany 9 contributions 2883 visits
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Hausfeld (Berlin)
Germany 7 contributions 1985 visits
On 30 December 2021, the German Bundeskartellamt (Federal Cartel Office, “FCO”) designated Alphabet Inc., parent company of Google, (“Google”) as an ‘undertaking of paramount significance for competition across markets’. The FCO is now considering whether to prohibit particular (...)

The Polish Competition Authority orders a supermarket to pay debts to suppliers in a first-of-its-kind decision that provides public compensation to entities other than consumers (SCA Polska / Intermarché)
Polish Competition Authority (Warsaw)
Poland 120 contributions 22532 visits
UOKiK President orders SCA PR Polska (Intermarche) to pay debts towards suppliers* President of the Office of Competition and Consumer Protection Tomasz Chróstny obliged SCA PR Polska (Intermarche Group) to change practices that could constitute an unfair use of contractual advantage. As a (...)

The Danish Competition Authority accepts commitments from a provider of personal accounting software promising to halt practices of long-term non-cancellable contracts with customers (Wolters Kluwer)
Danish Competition and Consumer Authority (Copenhagen)
Denmark 134 contributions 36285 visits
Software supplier changes conditions for reasons of competition* The Competition Council has approved the commitment from the software supplier Wolters Kluwer Danmark A/S. The commitments make it easier for the company’s customers to choose other suppliers. The council’s decision may have an (...)

The French Competition Authority calls for comments on the proposed commitments made by a Big Tech search engine to allay abuse of dominance concerns in the publishing industry (Google)
French Competition Authority (Paris)
France 747 contributions 408213 visits
Google proposes commitments as part of the investigation into the merits of the related rights case. The Autorité submits them for public consultation* Background Following on from the interim procedure that led to the adoption of interim measures in April 2020, the Autorité continued its (...)

The Italian Competition Authority imposes a record-breaking fine of € 1.1 billion on an e-commerce company for “self-preferencing” its own logistical services (Amazon)
Van Bael & Bellis (Brussels)
Belgium 31 contributions 5864 visits
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Toyota (Brussels)
Belgium 38 contributions 8655 visits
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Van Bael & Bellis (Brussels)
Belgium 61 contributions 15209 visits
On 9 December 2021, the Italian Competition Authority (“ICA”) adopted a decision finding that the Amazon group (“Amazon”) had violated Article 102 TFEU and harmed competing providers of e-commerce logistics services by tying the right of retailers on the Amazon marketplace to participate in (...)

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)
Italy 7 contributions 2610 visits
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Luiss Guido Carli University (Rome)
Italy 15 contributions 11462 visits
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Luiss Guido Carli University (Rome)
Italy 7 contributions 4346 visits
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 Italian Competition Authority fines a Big Tech company €1.128 billion for abuse of dominance by making exclusive advantages for its online marketplace conditional upon the purchase of its logistics services (Amazon)
European Court of Justice (Luxembourg)
Luxembourg 4 contributions 1403 visits
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Portolano Cavallo (Milan)
Italy 36 contributions 7077 visits
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Portolano Cavallo (Milan)
Italy 63 contributions 10280 visits
On December 9, 2021, the Italian competition authority (the “ICA” or “AGCM”) has levied its highest ever administrative fine—€1.128 billion—on Amazon Europe Core S.à r.l., Amazon Services Europe S.à .r.l., Amazon EU S.à r.l., Amazon Italia Services S.r.l., and Amazon Italia Logistica S.r.l. (...)

The Italian Competition Authority imposes behavioral remedies and fines an e-commerce company over € 1.128 billion for abusing its dominant position in the market for e-commerce logistics services (Amazon)
Italian Competition Authority (Rome)
Italy 71 contributions 19082 visits
A528 - Italian Competition Authority: Amazon fined over € 1,128 billion for abusing its dominant position* The Authority found that Amazon harmed its competitors in the market for e-commerce logistics services. The Authority imposed behavioral measures on Amazon that will be subject to (...)

The Japanese FTC closes investigation on suspected violation of the Antimonopoly Act (Rakuten Group)
Japan Fair Trade Commission (Tokyo)
Japan 140 contributions 24856 visits
Closing the Investigation on the Suspected Violation of the Antimonopoly Act by Rakuten Group, Inc.* The Japan Fair Trade Commission (hereinafter referred to as the “JFTC”) filed a petition for an urgent injunction to the Tokyo District Court on February 28, 2020, in accordance with the (...)

The Japanese FTC closes investigation into online funeral service provider after provider voluntarily ends anti-competitive practices (UNIQUEST)
Japan Fair Trade Commission (Tokyo)
Japan 140 contributions 24856 visits
Closing the Investigation on the Suspected Violation of the Antimonopoly Act by UNIQUEST INC* The Japan Fair Trade Commission (the “JFTC”) has investigated UNIQUEST INC. (UNIQUEST) in accordance with the provision of the Antimonopoly Act since June 2021. UNIQUEST is the online funeral (...)

The UK Competition Authority secures improved commitments from a Big Tech company on its proposals to remove third-party cookies and other functionalities from its browser (Google Privacy Sandbox)
UK Competition & Markets Authority - CMA (London)
United Kingdom 407 contributions 100927 visits
CMA secures improved commitments on Google’s Privacy Sandbox* The CMA has secured improved commitments from Google on its proposals to remove third party cookies and other functionalities from its Chrome browser. It has been investigating Google’s proposals since the start of the year due (...)

The Russian Competition Authority imposes a fine on a telecommunications company for abuse of dominance (Tele2)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 56792 visits
FAS Russia fined Tele2 for the abuse of its dominant position* The authority initiated an administrative offense case against the company and imposed a 825,500 rubles fine on the telecom operator for the abuse of its dominant position on November 22 [1]. In January 2021, the company (...)

The EU General Court delivers a judgment which confirms the Commission’s decision and finds a Big Tech company guilty of abuse of dominance by favouring its own comparison shopping services on its general result pages (Google Shopping)
Freshfields Bruckhaus Deringer (Brussels)
Belgium 2 contributions 1498 visits
Introduction On 10 November 2021, the General Court (“the Court”) delivered its judgment in case T-612/17, Google and Alphabet v Commission, largely upholding the European Commission’s 2017 decision in Google Search (Shopping). This is a landmark (and very aggressive) judgment and a major (...)

The EU General Court confirms the Commission’s decision finding a Big Tech company guilty of abuse of dominance by favouring its own comparison shopping service on its general results pages (Google Shopping)
Hausfeld (Berlin)
Germany 9 contributions 2883 visits
With its judgment of 10th November 2021, Europe’s General Court did not just dismiss Google’s appeal against the European Commission’s Google Search (Shopping) decision, uphold the fine, tell gatekeepers “don’t be evil,” and remind everyone that Europe ensures equal opportunities. The Court (...)

The Turkish Competition Authority accepts for the first time in the preliminary investigation stage commitments proposed by a glass manufacturing company to remedy competition concerns relating to an abuse of dominance in the glass production market (Şişecam)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 172 contributions 83627 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 5 contributions 2041 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 7 contributions 2402 visits
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The Turkish Competition Board (“Board”) decided that Şişecam, through its subsidiary Çevre Sistemleri, has abused its dominant position in the market for glass manufacturing, by way of excluding its competitors in the upstream market for recycled glass, utilized its buyer power to narrow the (...)

The EU Commission approves Greek commitments requiring the state-owned electricity incumbent to maintain a fixed net seller position for electricity baseload futures on certain energy exchanges to address competition concerns (PPC)
Ashurst (Brussels)
Belgium 7 contributions 1261 visits
The European Commission accepted commitments from Greece requiring Public Power Corporation (PPC), the state-owned electricity incumbent, to maintain a fixed net seller position for electricity baseload futures on certain energy exchanges in order to address competition concerns raised by (...)

The EU Commission approves Greek commitments to remove the distortion created by the state-owned electricity provider’s exclusive access to lignite-fired generation (PPC)
European Commission - DG COMP (Brussels)
Belgium 1361 contributions 2922166 visits
Antitrust: Commission approves Greek measures to increase access to electricity for PPC’s competitors* The European Commission has made legally binding, under EU antitrust rules, measures proposed by Greece to allow the competitors of Public Power Corporation (PPC), the Greek state-owned (...)

The Turkish Competition Authority accepts a leading beverage company’s commitments to remedy competition concerns over its abuse of dominance in the carbonated drinks, cola drinks and aromatic carbonated drinks markets (Coca Cola)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 172 contributions 83627 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 6 contributions 689 visits
The changes to the Law No. 4054 on Protection of Competition (“Law No. 4045”) introducing the new commitment and settlement mechanisms, entered into force on 24 June 2020 with the Amendment Law, aiming to achieve efficiency gains and allow the competition investigations to close at an earlier (...)

The US FTC charges a semiconductor supplier with illegal monopolization through exclusive dealing in the market for components used to deliver TV and broadband internet services (Broadcom)
US Federal Trade Commission (FTC) (Washington)
United States 182 contributions 42907 visits
FTC Charges Broadcom with Illegal Monopolization and Orders the Semiconductor Supplier to Cease its Anticompetitive Conduct* The Federal Trade Commission has issued a complaint charging Broadcom with illegally monopolizing markets for semiconductor components used to deliver television and (...)

The UK Competition Authority secures commitments from a Big Tech company to address concerns about its proposal to remove third-party cookies on its main internet browser (Google Privacy Sandbox)
UK Competition & Markets Authority - CMA (London)
United Kingdom 407 contributions 100927 visits
CMA to have key oversight role over Google’s planned removal of third-party cookies* Following an investigation, the CMA has secured commitments from Google to address concerns about Google’s proposal to remove third-party cookies on Chrome. The CMA is to take up a role in the design and (...)

The French Competition Authority fines a Big Tech company €220 million for abuse of a dominant position through self-preferencing in the ad tech industry (Google AdX / Google DoubleClick for Publishers)
Hausfeld (Berlin)
Germany 9 contributions 2883 visits
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Linklaters (Berlin)
Germany 2 contributions 1202 visits
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Hausfeld (Berlin)
Germany 7 contributions 1985 visits
On 7 June 2021, the French Competition Authority (“FCA”) concluded an investigation into Google’s ad tech business. The FCA (i) found that Google abused a pan-European dominant position and thereby infringed EU competition law by favoring its proprietary display advertising intermediation (...)

The French Competition Authority fines a Big Tech company €220M for favoring its services in the online advertising sector in a first decision to look into complex algorithmic auction processes (Google AdX / Google DoubleClick for Publishers)
French Competition Authority (Paris)
France 747 contributions 408213 visits
The Autorité de la concurrence hands out a €220 millions fine to Google for favouring its own services in the online advertising sector* Google, did not dispute the facts, wished to settle with the Autorité, which granted its request. Google also proposed commitments, accepted by the (...)

The French Competition Authority submits commitments for public consultation following an investigation in the online advertising sector (Facebook / Criteo)
French Competition Authority (Paris)
France 747 contributions 408213 visits
In the context of an investigation opened before the Autorité in the online advertising sector, Facebook proposes commitments* The Autorité de la concurrence is submitting these commitments for public consultation, and is inviting actors from the sector to provide their feedback. The case (...)

The Mexican Competition Authority fines an industrial gas company for failure to comply with commitments made to restore competition in the markets of industrial oxygen, nitrogen and argon (Praxair)
Mexican Competition Authority (Mexico City)
Mexico 138 contributions 26924 visits
COFECE fines Praxair for failure to comply with commitments made to restore competition in the markets of industrial oxygen, nitrogen and argon* In 2018, during the trial-like procedure for possible relative monopolistic practices, Praxair offered commitments with the aim of restoring (...)

The Italian Competition Authority fines a Big Tech company €102M for refusal to interoperate and imposes specific remedies requested by the complainant (Google / Enel X)
Portolano Cavallo (Milan)
Italy 36 contributions 7077 visits
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Portolano Cavallo (Milan)
Italy 63 contributions 10280 visits
On May 13, 2021, the Italian Competition Authority (the “AGCM” or the “ICA”) fined Alphabet Inc., Google LLC, and Google Italy S.r.l. (“Google”) over 100 million EUR for abusing of a dominant position pursuant to Section 102 of the Treaty on the Functioning of the European Union (“TFEU”). In a (...)

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 31 contributions 5864 visits
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Van Bael & Bellis (Brussels)
Belgium 61 contributions 15209 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 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 134118 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 German Competition Authority closes its investigation against a producer of household appliances, without a fine after it agreed to amend its retailer rebate scheme (Liebherr)
Ashurst (Frankfurt)
Germany 15 contributions 4232 visits
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Ashurst (Munich)
Germany 9 contributions 1779 visits
On 12 April 2021, the German competition authority ("FCO") closed its investigation against Liebherr, a producer of household appliances, without a fine after Liebherr agreed to abandon or amend certain clauses in its newly introduced distribution model which, in the FCO’s view, discriminated (...)

The Turkish Competition Authority fines an ice cream supplier for abusing its dominant position in the industrial ice cream market through the use of exclusionary practices and the imposing of a non-compete obligation on one of its e-commerce customers (Unilever / Algida)
ACTECON (Istanbul)
Turkey 9 contributions 1883 visits
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ACTECON (Istanbul)
Turkey 1 contribution 154 visits
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ACTECON (Istanbul)
Turkey 1 contribution 154 visits
Introduction The Turkish Competition Authority’s (“TCA”) reasoned decision dated 18.03.2021 and numbered 21-15/190-80, whereby it has decided to impose an administrative fine amounting to TRY 480,217,217 (EUR 77,624,758) on Unilever Sanayi ve Ticaret Türk A.Ş. (“Unilever”) for violation of (...)

The Indian Competition Authority grants interim relief, ordering online travel agencies to re-list hotel properties on certain platforms (MMT-Go / Treebo / FabHotels)
Lakshmikumaran & Sridharan (New Delhi)
India 84 contributions 8757 visits
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Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10638 visits
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Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10708 visits
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KEY POINTS (i) In deciding applications for interim relief under Section 33 of the Act, CCI must form a higher degree of satisfaction than the prima facie requirements under Section 26(1) of the Act. (ii) Denial of market access need not be complete or absolute in nature to result in an (...)

The Indian Competition Authority grants an interim order against online travel agencies alleged to have engaged in anti-competitive practices (MMT-Go / Treebo / FabHotels)
Gujarat National Law University (Gandhinagar)
India 1 contribution 143 visits
1. Introduction On 9th March 2021, India’s fair trade regulator, the Competition Commission of India (‘CCI’) granted Interim Relief to the parties seeking it, Treebo and FabHotels. They had been delisted from the platform of India’s most popular Online Travel Agency (‘OTA’), MakeMyTrip (...)

The German Competition Authority accepts a postal service company’s commitments to end its discount system for the dispatch of newspapers and magazines (Deutsche Post)
Ashurst (Frankfurt)
Germany 15 contributions 4232 visits
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Ashurst (Munich)
Germany 9 contributions 1779 visits
On 26 February 2021, the German Federal Cartel Office ("FCO") closed its six-year investigation into Deutsche Post AG ("DPAG") after securing commitments in connection with practices relating to the dispatch of newspapers and magazines. The FCO suspected that DPAG had abused its dominant (...)

The German Competition Authority welcomes the decision of a postal service company to end its discount system for the dispatch of newspapers and magazines (Deutsche Post)
Bird & Bird (Dusseldorf)
Germany 12 contributions 2043 visits
The Deutsche Post AG (“DPAG”) has cancelled its until recently practiced discount system in relation to its dispatch services provided to newspaper and magazine publishers. The DPAG`s decision to stop discounting the dispatch services occurred after the German Federal Cartel Office initiated (...)

The German Competition Authority discontinues its proceedings against a national postal service company following the company’s decision to end its rebate system (Deutsche Post)
German Competition Authority (Bonn)
Germany 457 contributions 116345 visits
Fair competition in the dispatch of newspapers and magazines – Bundeskartellamt effects changes to Deutsche Post’s conditions* In reaction to the Bundeskartellamt competition concerns, Deutsche Post AG has amended its system of conditions for the dispatch of newspapers and magazines. (...)

The Italian Competition Authority accepts a company’s commitments in an abuse of dominance probe in the market for natural gas distribution (Italgas)
Freshfields Bruckhaus Deringer (Rome)
Italy 1 contribution 387 visits
The Italian Competition Authority ("ICA") has recently closed with commitments an investigation against Italgas for an alleged abuse of dominance consisting of the refusal to supply essential information to the Venice municipality which was launching a tender concerning gas distribution (...)

The Italian Competition Authority closes its investigation into a national gas distributor for allegedly abusing its dominant position after committing to address competition concerns (Italgas)
Italian Competition Authority (Rome)
Italy 71 contributions 19082 visits
ICA: Italgas commitments accepted for the tender concerning the gas distribution service in some municipalities of the province of Venice* According to the Authority, the competitive concerns that had led to the opening of the investigation in May 2020 have been solved L’Autorità Garante (...)

The Italian Competition Authority ends an infringement proceeding by adopting a commitment decision following a natural gas distributor’s abusive conduct (Italgas)
Municipality of Cagliari
168 contributions 134118 visits
By a commitment decision made on 23 February 2021 the Italian Competition Authority (ICA) has closed an Article 102 TFEU investigation against a distributor of natural gas. This undertaking was found to have abused its dominant position by frustrating a competitive tender procedure organized (...)

The EU Commission accepts a commitment to reduce the price of six cancer medicines by 73% in an excessive pricing case in the pharmaceutical industry (Aspen)
Van Bael & Bellis (Brussels)
Belgium 19 contributions 7736 visits
On 10 February 2021, the Commission announced that it had accepted a series of pricing and supply commitments from Aspen, thereby bringing an end to its investigation into whether Aspen had infringed Article 102 TFEU by charging excessive prices for six off-patent cancer medicines. Having (...)

The EU Commission accepts the commitment offered by a pharmaceutical company to reduce drug prices by 73% (Aspen)
Herbert Smith Freehills (Brussels)
Belgium 121 contributions 73694 visits
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Herbert Smith Freehills (London)
United Kingdom 3 contributions 470 visits
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Herbert Smith Freehills (London)
United Kingdom 60 contributions 21580 visits
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“When the price of a drug suddenly goes up by several hundred percent, this is something the Commission may look at” Commissioner Vestager said when opening a formal investigation into Aspen’s alleged excessive pricing conduct in May 2017. On 10 February 2021, the EU Commission (Commission) (...)

The EU Commission accepts the commitment offered by a pharmaceutical company for excessive pricing (Aspen)
Van Bael & Bellis (Brussels)
Belgium 61 contributions 25882 visits
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Van Bael & Bellis (Brussels)
Belgium 19 contributions 7736 visits
In February 2021, the European Commission’s (“Commission”) long-running excessive pricing case against Aspen was brought to a close, with Aspen accepting a series of forward-looking pricing and supply commitments, but avoiding any fines or requirements to repay all of the higher prices charged (...)

The EU Commission accepts commitments made by a pharmaceutical company to reduce prices for six off-patent cancer medicines by 73% addressing excessive pricing concerns (Aspen)
European Commission - DG COMP (Brussels)
Belgium 1361 contributions 2922166 visits
Antitrust: Commission accepts commitments by Aspen to reduce prices for six off-patent cancer medicines by 73% addressing excessive pricing concerns* The European Commission has made commitments offered by Aspen legally binding under EU antitrust rules. Aspen has to reduce its prices in (...)

The US DoJ announces that a ready-mix concrete company admitted to fixing prices and rigging bids (Argos USA)
US Department of Justice (Washington)
United States 180 contributions 79254 visits
Ready-Mix Concrete Company Admits to Fixing Prices and Rigging Bids in Violation of Antitrust Laws* Argos USA LLC, a producer and seller of ready-mix concrete headquartered in Alpharetta, Georgia, was charged with participating in a conspiracy to fix prices, rig bids, and allocate markets (...)

The Japanese FTC and the Government propose draft guidelines for business collaboration between large companies and startups for the purpose of promoting open innovation and ensuring fair and free competitive environments
White & Case (Tokyo)
Japan 21 contributions 3461 visits
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White & Case (Tokyo)
Japan 20 contributions 3361 visits
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White & Case (Tokyo)
Japan 21 contributions 3461 visits
On December 23, 2020, the Japan Fair Trade Commission ("JFTC") and Ministry of Economy, Trade and Industry ("METI") proposed a draft of Guidelines for Business Collaboration with Startups ("Guidelines") for the purpose of promoting open innovation and ensuring fair and free competitive (...)

The UK Competition Authority accepts the commitments of a pharmaceutical company to continue supplying bipolar medicine to the national market (Essential Pharma)
Van Bael & Bellis (Brussels)
Belgium 19 contributions 7736 visits
On 18 December 2020, the UK Competition and Markets Authority (“CMA”) announced that it had accepted Essential Pharma’s commitments to continue supplying a bipolar medicine to the UK market. Essential Pharma is a supplier of both Priadel and Camcolit, long-term treatments for individuals (...)

The UK Competition Authority accepts legally binding commitments from a pharma company to continue supplying a key bipolar drug at an affordable price (Essential Pharma)
Van Bael & Bellis (Brussels)
Belgium 163 contributions 56017 visits
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Van Bael & Bellis (Brussels)
Belgium 64 contributions 28344 visits
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Van Bael & Bellis (Brussels)
Belgium 63 contributions 27494 visits
The UK Competition and Markets Authority (CMA) published today its decision accepting binding commitments from Essential Pharma (EP) to continue supplying for at least 5 years a medicine for the first line treatment of bipolar disorder and other mental conditions at a price considered (...)

The UK Competition Authority accepts legally binding commitments from a pharmaceutical company to secure the affordable supply of a key drug (Essential Pharma)
UK Competition & Markets Authority - CMA (London)
United Kingdom 407 contributions 100927 visits
CMA secures affordable supply of key bipolar drug* The CMA has accepted legally binding commitments from Essential Pharma to continue supplying a key bipolar drug at an affordable price for at least 5 years. In October, the CMA launched an investigation suspecting that the pharmaceutical (...)

The US FTC sues a social networking company for illegal monopolization, requiring the divestment of its acquisitions of up-and-coming rivals, and prohibits the imposition of anti-competitive conditions on software developers (Facebook)
US Federal Trade Commission (FTC) (Washington)
United States 182 contributions 42907 visits
FTC Sues Facebook for Illegal Monopolization* The Federal Trade Commission today sued Facebook, alleging that the company is illegally maintaining its personal social networking monopoly through a years-long course of anticompetitive conduct. Following a lengthy investigation in cooperation (...)

The US State of New York AG leads a bipartisan lawsuit by 46 State AGs, the District of Columbia AG, and the Territory of Guam AG seeking to end a dominant social network company’s allegedly illegal monopoly, including predatory acquisitions and a reduction of privacy protections for consumers (Facebook)
Office of the New York State Attorney General (Albany)
United States 2 contributions 885 visits
Attorney General James Leads Multistate Lawsuit Seeking to End Facebook’s Illegal Monopoly* AG James Leads Bipartisan Coalition of 48 Attorneys General Charging Anticompetitive Conduct Facebook Thwarted Competition, Reduced Consumer Privacy for Profits New York Attorney General Letitia (...)

The US FTC and 46 state attorneys general files their long-awaited complaints against a major network company maintaining its personal social networking monopoly (Facebook)
International Center for Law & Economics (Brussels)
Belgium 6 contributions 2906 visits
Facebook and the Pros and Cons of Ex Post Merger Reviews* The Federal Trade Commission and 46 state attorneys general (along with the District of Columbia and the Territory of Guam) filed their long-awaited complaints against Facebook Dec. 9. The crux of the arguments in both lawsuits is (...)

The Irish Competition Authority seeks High Court order on ticket sales and distribution company’s agreement (Ticketmaster)
Irish Competition Authority (Dublin)
Ireland 104 contributions 16640 visits
CCPC seeks High Court order on Ticketmaster agreement* Why did the CCPC investigate ticketing? In January 2017, the Competition and Consumer Protection Commission (CCPC) commenced an investigation into suspected anti-competitive practices in relation to the provision of tickets and the (...)

The UK Competition Authority consults on commitments offered by a pharma company to keep its cheaper bipolar drug on the market at an increased price that is still below the company’s more expensive competing bipolar medication (Essential Pharma)
UK Competition & Markets Authority - CMA (London)
United Kingdom 407 contributions 100927 visits
CMA takes swift action in bipolar drug investigation* The CMA is consulting on proposed commitments from Essential Pharma to keep a key bipolar drug on the market, and ensure it is affordable to the NHS. The Competition and Markets Authority (CMA) launched a competition law investigation (...)

The UK Competition Authority consults on proposed commitments from a pharma company to keep bipolar medicine on the market at an affordable price (Essential Pharma)
Van Bael & Bellis (Brussels)
Belgium 163 contributions 56017 visits
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Van Bael & Bellis (Brussels)
Belgium 64 contributions 28344 visits
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Van Bael & Bellis (Brussels)
Belgium 63 contributions 27494 visits
Early last month, the Competition and Markets Authority (CMA) started an investigation into Essential Pharma because of suspicions that the firm might have abused an allegedly dominant position by taking steps to withdraw Priadel® from the UK market. This is a lithium based medicine indicated (...)

The Australian Competition Authority alleges that an ice-cream supplier infringed competition law by engaging in exclusive dealing (Peters Ice Cream)
Australian Competition and Consumer Commission (Canberra)
Australia 397 contributions 84198 visits
Peters allegedly hindered or prevented competition in ice-cream supply* The ACCC has instituted Federal Court proceedings against Australasian Food Group Pty Ltd, trading as Peters Ice Cream (Peters), alleging it engaged in conduct which hindered or prevented competition for the supply of (...)

The EU General Court confirms the Commission’s decision finding that a national rail company abused its dominant position on the market (Lietuvos geležinkelai)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 172 contributions 83627 visits
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Balcıoğlu Selçuk Akman Keki (BASEAK) (Istanbul)
Turkey 20 contributions 4568 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 9 contributions 3064 visits
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The Factors Affecting the Use of Essential Facilities Doctrine in Light of the Lithuanian Railway v Commission Decision: A Comparison with the Turkish Practice and Potential Implications 1) Introduction On November 18, 2020, the General Court of the European Union (“General Court”) upheld (...)

The Russian Competition Authority confirms that a pharmaceutical company with a dominant position in the wholesale of certain generics has ceased its problematic behavior and has signed a contract for medicine supply (Ipsen / Biotek)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 56792 visits
Ipsen Company Comply With the Warning of the FAS Russia* Pharmaceutical company made required amendments to the Commercial policy and signed a contract with a distributor to supply their products FAS Russia received a notification of the Ipsen LLC that the company ceased the actions that (...)

The Russian Competition Authority finds a telecom company guilty of abusing its dominant position to unreasonably increase tariffs for communication services (Tele2)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 56792 visits
The FAS Russia: Tele 2 Unreasonably Increased Tariffs for Communication Services* T2 Mobile has increased the cost of providing mobile services on a number of tariff plans from May 12, 2020 On October 20, the FAS Russia found a violation of antimonopoly law in the company’s actions. (...)

The French Competition Authority considers gaming console’s commitments inadequate to address competition concerns and returns case for investigation (Sony)
French Competition Authority (Paris)
France 747 contributions 408213 visits
Playstation: the Autorité considers that the commitments proposed by Sony do not adequately address the identified competition concerns. The case is returned for investigation* As part of a litigation procedure before the Autorité de la concurrence, Sony had proposed commitments to address (...)

The French Competition Authority rejects gaming console’s commitments in an abuse of dominance case (Sony)
Huawei Technologies (Boulogne-Billancourt)
France 12 contributions 2749 visits
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Vaillant Group (Paris)
22 contributions 3454 visits
2020 proves to be a busy year for the French Competition Authority (FCA) as far as tech giants are concerned. After Google and Apple, it’s now Sony’s turn to be under the FCA’s spotlight. While the Japanese company is currently launching pre-orders for its new PlayStation 5, the FCA has just (...)

The Hungarian Competition Authority fines an international brewing company for failing to honour its commitment to reduce the amount of beer sold under exclusive contracts (Heineken)
Hungarian Competition Authority (Budapest)
Hungary 94 contributions 19708 visits
The GVH has imposed a fine of HUF 75 million on Heineken* 21 October 2020, Budapest – The Hungarian Competition Authority (GVH) has established that Heineken failed to appropriately justify its commitment to decrease the amount of beer sold under exclusive contracts, thus the authority has (...)

The Hungarian Competition Authority fines a brewery for failing to comply with reporting obligations under commitments to limit exclusivity contracts (Heineken)
Van Bael & Bellis (Brussels)
Belgium 174 contributions 58299 visits
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ADVANT Beiten (Brussels)
Belgium 12 contributions 22086 visits
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Clifford Chance (Brussels)
Belgium 7 contributions 1380 visits
By decision of 19 October 2020, the Hungarian Competition Authority (“GVH”) imposed a fine of HUF 75 million (approximately € 250,000) on beer maker Heineken for failing to comply with its reporting obligations under its commitments to reduce the amount of beer sold under exclusivity (...)

The EU Commission accepts commitments to ensure competition in systems-on-a-chip markets for modems and set-top boxes (Broadcom)
Van Bael & Bellis (Brussels)
Belgium 23 contributions 24596 visits
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Van Bael & Bellis (Brussels)
Belgium 19 contributions 7736 visits
On 7 October 2020, the European Commission accepted Broadcom’s commitments to suspend its existing agreements, and to refrain from entering into any new agreements, containing exclusivity or quasi-exclusivity arrangements and/or leveraging provisions concerning Systems-on-a-Chip (“SoCs”) for (...)

The EU Commission accepts a semiconductor company’s offer to stop exclusivity on chipset market (Broadcom)
Ashurst (Brussels)
Belgium 37 contributions 9250 visits
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Free University of Brussels (ULB)
Belgium 18 contributions 29608 visits
On 7 October 2020, the European Commission (the "Commission") made legally binding commitments offered by Broadcom to ensure competition in chipset markets for modems and TV set-top boxes. WHAT YOU NEED TO KNOW - KEY TAKEAWAYS Commitments decisions are adopted in lieu of finding an (...)

The EU Commission accepts semiconductor company’s commitments to ensure competition in chipset markets for modems and set-top boxes (Broadcom)
European Commission - DG COMP (Brussels)
Belgium 1361 contributions 2922166 visits
Antitrust: Commission accepts commitments by Broadcom to ensure competition in chipset markets for modems and set-top boxes* The European Commission has made commitments offered by Broadcom legally binding under EU antitrust rules. Broadcom will suspend all existing agreements containing (...)

The Dutch Competition Authority closes its investigation into a drug manufacturer after receiving assurances that it will not use its discount schemes to force hospitals into exclusive purchases (AbbVie)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 212 contributions 36510 visits
ACM closes investigation into drug manufacturer AbbVie, competitors get more room now* Drug manufacturer AbbVie has stated that it will not force hospitals to purchase exclusively or to a large extent from AbbVie through discount schemes (or rebate programs). AbbVie has made these assurances (...)

The Australian Competition Authority accepts a physiotherapy company’s commitment to remove alleged unfair contract terms from its franchisee agreements (Back In Motion Physiotherapy)
Australian Competition and Consumer Commission (Canberra)
Australia 397 contributions 84198 visits
Back In Motion Physiotherapy to remove alleged unfair contract terms for franchisees* The ACCC has accepted a court-enforceable undertaking by Back In Motion Physiotherapy Pty Ltd to remove certain terms from its franchisees agreements which it admits may be unfair. Under a restraint of (...)

The Albanian Administrative Court of First Instance in Tirana ascertains the abuse of the dominant position by the national football federation (Albanian Football Federation)
Albanian Competition Authority (Tirana)
Albania 4 contributions 431 visits
Republic of Albania Competition Authority* The Competition Authority informs that: Today on 21.09.2020, the Administrative Court of First Instance in Tirana decided: To uphold the Competition’s Commission Decision no. 693, dated 14.05.2020 "To ascertain the abuse of the dominant position (...)

The Japanese FTC approves a commitment plan brought by an e-commerce company (Amazon)
Japan Fair Trade Commission (Tokyo)
Japan 140 contributions 24856 visits
Approval of the Commitment Plan submitted by Amazon Japan G.K.* In response to the notice which the Japan Fair Trade Commission (hereinafter referred to as the “JFTC”) issued to Amazon Japan G.K. (hereinafter referred to as “Amazon Japan”) in accordance with the Commitment Procedures on (...)

The Russian Competition Authority requires a Big Tech company to provide competitive conditions for mobile applications developers and to ensure that in-house apps do not take precedence over third-party apps (Apple)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 56792 visits
The Federal Antimonopoly Service Of The Russian Federation Issued A Remedy To Apple Inc. To Eliminate The Violation* Competition Authority required the company to provide competitive conditions for mobile applications developers Let us recall that on August 10, 2020 the FAS Russia (...)

The Romanian Competition Authority imposes a fine totaling €2.5 million on a pharmaceutical company for failure to observe commitments in an abuse of dominance probe (GlaxoSmithKline)
Van Bael & Bellis (Brussels)
Belgium 163 contributions 56017 visits
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Van Bael & Bellis (Brussels)
Belgium 64 contributions 28344 visits
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Van Bael & Bellis (Brussels)
Belgium 63 contributions 27494 visits
The Romanian Competition Authority announced on 25 August 2020 that it imposed a fine of 11.9 million lei (approximately EUR 2.5 million) on GlaxoSmithKline (GSK) for its failure to observe in full commitments which it had given earlier to allow the competition authority to terminate an (...)

The Romanian Competition Authority fines a pharmaceutical company for non-compliance with some of its remedial commitments agreed off the back of an investigation regarding possible abuse of dominant position (GlaxoSmithKline)
Romanian Competition Council (Bucharest)
Romania 160 contributions 29237 visits
The Competition Council Sanctioned Glaxosmithkline Srl With Fine of 11.9 Million Lei* The Competition Council sanctioned GlaxoSmithKline (GSK) SRL with fine of lei 11.9 million for non-compliance with some of its commitments assumed during the investigation regarding a possible abuse of (...)

The Icelandic Competition Authority fines a telecoms company for commitment violations in the sale of English football on its linear pay-TV service (Síminn)
Icelandic Competition Authority
7 contributions 1223 visits
The Icelandic Competition Authority fines Síminn for commitment violations* The decision made by the Competition Authority (ICA) today states the conclusion that Síminn violated the conditions of the commitments that the company has entered into with ICA in recent years. The decision reveals (...)

The EU Commission invites comments from all interested parties on commitments offered by pharmaceutical company to address the Commission’s concerns over excessive pricing (Aspen)
Dentons (Berlin)
Belgium 6 contributions 5408 visits
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DLA Piper (Bucharest)
Romania 8 contributions 2411 visits
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Plesner (Copenhagen)
Denmark 41 contributions 74364 visits
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Aspen: Quick Fix But Missed Opportunity* What are commitments? The recent effort by the Commission to settle the Aspen case suggests that commitment decisions are the preferred route to settle complex excessive pricing cases at EU-level. Previous commitment cases where high prices have been (...)

The EU Commission starts a market test on the proposed commitments offered by a pharmaceutical company to address the Commission’s concerns over excessive pricing on a range of off-patent cancer medicines (Aspen)
Van Bael & Bellis (Brussels)
Belgium 163 contributions 56017 visits
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Van Bael & Bellis (Brussels)
Belgium 64 contributions 28344 visits
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Van Bael & Bellis (Brussels)
Belgium 63 contributions 27494 visits
Today, the European Commission (the Commission) started a market test inviting comments from interested parties on commitments offered by Aspen Pharmacare Holdings (Aspen) to address the Commission’s concerns over excessive pricing for a range of off-patent cancer medicines (see, attached (...)

The EU Commission invites parties to submit comments regarding a pharma company and its excessive pricing (Aspen)
Van Bael & Bellis (Brussels)
Belgium 4 contributions 660 visits
On 14 July 2020, the Commission invited interested parties to submit comments on the commitments offered by global pharma company Aspen to address competition concerns in relation to Aspen’s excessive pricing for six critical off-patent cancer medicines in several national markets (excluding (...)

The EU Commission invites comments on a pharmaceutical company’s proposed commitment to reduce the price by 73% for six off-patent cancer medicines to address excessive pricing concerns (Aspen)
European Commission - DG COMP (Brussels)
Belgium 1361 contributions 2922166 visits
Antitrust: Commission seeks feedback on commitments offered by Aspen to reduce prices for six off-patent cancer medicines by 73% to address Commission’s concerns over excessive pricing* The European Commission invites comments from all interested parties on commitments offered by Aspen to (...)

The Indian National Company Law Appellate Tribunal interprets strictly ’sufficient cause’ in an appellate framework for competition matters to tackle forum shopping practices (MAJ. Pankaj Rai / NITT)
Nation with NaMo (New Delhi)
India 2 contributions 593 visits
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IndusLaw (Delhi)
3 contributions 713 visits
The National Company Law Appellate Tribunal (NCLAT) in New Delhi, India’s appellate tribunal for competition matters has given a decisive ruling for appeals of orders of the Competition Commission of India (CCI). In Maj. Pankaj Rai v Secretary, Competition Commission of India decided in May, (...)

The EU Commission seeks feedback on commitments offered by a TV box company in an abuse of dominance investigation involving exclusivity agreements (Broadcom)
Van Bael & Bellis (Brussels)
Belgium 4 contributions 660 visits
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Van Bael & Bellis (Brussels)
Belgium 191 contributions 66792 visits
On 27 April 2020, the European Commission (the “Commission”) invited interested parties to submit comments on the commitments offered by Broadcom under Article 9 of Regulation 1/2003 to address competition concerns in relation to certain exclusivity and quasi-exclusivity agreements allegedly (...)

The French Competition Authority fines a gambling company for not complying with a commitment to separate the betting pools of its physical outlets and its website (PMU)
French Competition Authority (Paris)
France 747 contributions 408213 visits
The Autorité de la concurrence fines PMU for not complying with its commitment to separate the betting pools of its physical outlets and its website* Background Online gaming companies Betclic and Zeturf have referred practices by PMU in the online horse betting sector to the Autorité de (...)

The Dutch Competition Authority expresses its satisfaction with commitments made by a pharmaceutical company regarding the supply of testing material for a drug test (Roche)
Van Bael & Bellis (Brussels)
Belgium 163 contributions 56017 visits
On 3 April 2020, the Dutch competition authority (Autoriteit Consument en Markt or “ACM”) published a press release expressing its satisfaction with commitments made by Roche Diagnostics (“Roche”) regarding the supply of testing materials for the SARS- CoV-2 test. Roche, which the ACM says (...)

The French Competition Authority accepts commitments from the French incumbent postal operator to put an end to loyalty and bundled rebates in the parcel delivery sector (La Poste)
Epex Spot (Paris)
France 8 contributions 3348 visits
On 2nd April 2020, the French Competition Authority (“FCA”) closed its investigation on the merits of an abuse of dominant position case started in 2010, by accepting and rendering legally binding the commitments offered by the French incumbent postal operator La Poste, designed at putting an (...)

The EU Commission adopts a decision imposing commitments on an undertaking to free up capacities at interconnection points to increase natural gas exports between countries (Transgaz)
Van Bael & Bellis (Brussels)
Belgium 191 contributions 66792 visits
On 6 March 2020, the European Commission adopted a decision imposing commitments on Transgaz to free up capacities at interconnection points in order to allow for increased natural gas exports from Romania to Hungary and Bulgaria. According to the Commission’s press release, Transgaz the (...)

The French Competition Authority fines a company for non-compliance with commitments in the funeral insurance market in La Réunion (Mutualité de la Réunion)
French Competition Authority (Paris)
France 747 contributions 408213 visits
The Autorité de la concurrence has fined La Mutualité de la Réunion for non-compliance with commitments* In brief The Autorité has imposed a fine of €200,000 on La Mutualité de la Réunion (MR) for failing to comply with part of the commitments it had entered into before the Autorité that (...)

The Turkish Competition Authority imposes remedies on a Big Tech company which will remove the display of its shopping unit (Google)
ACTECON (Istanbul)
Turkey 27 contributions 9681 visits
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ACTECON (Istanbul)
Turkey 13 contributions 1862 visits
On 29th of July, Google announced that starting from 10 th of August, it will be removing shopping ads (or “the Shopping Unit” as referred by the TCA as well as by the EU Commission) from its search pages in Turkey. According to the tech giant, the decision was taken because of the (...)

The Cypriot Competition Authority fines a dominant mobile telephony services provider €237.181,76 for foreclosing the ability of its competitor to offer services for 10 years (MTN Cyprus / Golden Telemedia)
Commission for the Protection of Competition of the Republic of Cyprus (Nicosia)
Cyprus 64 contributions 9013 visits
The Commission for the Protection of Competition imposed on MTN Cyprus Limited (EPIC LTD) an administrative fine of €237.181,76 for the infringement of Section 6(1)(b) of the Protection of Competition Laws of 2008 and 2014, following an investigation of the complaint submitted by Golden (...)

The French Competition Authority accepts the commitments made by an online travel agency (Booking.com)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220081 visits
The French, Italian and Swedish Competition Authorities Accept the Commitments Offered by Booking.com* In their investigations of so-called "price parity" clauses (also called "best price" clauses) contained in agreements between online travel agencies (OTAs) and hotels, the French (...)

The Dutch Competition Authority makes legally binding remedies proposed by a media company ending discount scheme in the radio advertising spots market (One Media Sales)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 212 contributions 36510 visits
Following an ACM investigation, media company OMS is to adjust its discount scheme for radio advertising spots* From January 1, 2020, Dutch media company One Media Sales (OMS) will stop offering its so-called ‘budget-share discount’ when selling radio advertising spots. OMS has made this (...)

The French Competition Authority launches a market inquiry following a game console manufacturer’s commitments proposal (Sony)
French Competition Authority (Paris)
France 747 contributions 408213 visits
Games consoles: The Autorité launches a market consultation* In the context of a litigation procedure opened before the Autorité, Sony offers commitments to make its licensing policy more transparent to third parties wishing to manufacture and market compatible controllers with the (...)

The Turkish Competition Authority imposes a daily fine on a Big Tech company for not complying with previously imposed obligations (Google)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 13 contributions 3151 visits
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Balcıoğlu Selçuk Akman Keki (BASEAK) (Istanbul)
Turkey 20 contributions 4568 visits
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ACTECON (Istanbul)
Turkey 9 contributions 2357 visits
Turkish Competition Authority (“TCA”) recently published its decision (“Review Decision”) reviewing the obligations that ought to be fulfilled by the economic integrity comprised of Google LLC, Google International LLC and Google Reklamcılık ve Pazarlama Ltd. Şti. (will be referred to as (...)

The Japanese FTC commitment case for the First Time at the Japan Fair Trade Commission – MFN Clauses (Rakuten)
White & Case (Tokyo)
Japan 21 contributions 3461 visits
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White & Case (Tokyo)
Japan 20 contributions 3361 visits
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White & Case (Tokyo)
Japan 21 contributions 3461 visits
On October 25, 2019, the Japan Fair Trade Commission (“JFTC”) announced that it approved a commitment plan proposed by Rakuten, Inc. (“Rakuten”). As a result, the JFTC closed its investigation without finding violation or imposing penalties. This is the first case for which the JFTC applied (...)

The Hungarian Competition Authority imposes a fine on social media influencers for breaching commitments (Alakreform / Avanzo)
Bird & Bird (Budapest)
Hungary 18 contributions 2436 visits
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Bird & Bird (Budapest)
Hungary 16 contributions 2188 visits
Fines are on the horizon for social media influencers not aligning their practice as set out by the Hungarian Competition Authority (GVH), as may be deduced from the GVH’s Rubint decision of 16 September 2019. The case roots back to 2016, when the GVH started investigating social media (...)

The Dusseldorf Higher Regional Court quashes the Competition Authority’s findings that a social network abused its dominant position by improperly combining user data that it has collected from various sources (Facebook)
Hausfeld (Berlin)
Germany 9 contributions 2883 visits
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Hausfeld (Berlin)
Germany 7 contributions 1985 visits
As previously reported in this Bulletin, on 6 February 2019, the German Bundeskartellamt (Federal Cartel Office – “FCO”) found that Facebook abused its dominance by improperly combining user data that it collected from various sources. As a remedy, the FCO imposed far-reaching restrictions on (...)

The UK Competition Authority invites interested parties to comment on its intention to accept commitments over an agreement that allegedly prevented the entry of a competing version in the drug fludrocortisone market (Aspen)
KPN (Amsterdam)
Netherlands 33 contributions 7330 visits
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Bird & Bird (London)
United Kingdom 28 contributions 3543 visits
On 14 August 2019 the Competition & Market Authority ("CMA") invited interested parties to comment on its intention to accept commitments from Aspen over an agreement that allegedly prevented the entry of a competing version of the drug fludrocortisone in the UK. The CMA suspected Aspen (...)

The Lithuanian Competition Authority terminates an abuse of dominance investigation after commitments are made by the postal service company (Lietuvos paštas)
Lithuanian Competition Authority (Vilnius)
Lithuania 106 contributions 20755 visits
Konkurencijos Taryba approves commitments by Lietuvos Paštas* Lietuvos paštas committed to inform other postal service providers about any pricing changes in advance and not to create any obstacles to its competitors operating in the same market. Konkurencijos taryba decided that these (...)

The German Competition Authority obtains amendments to seller rules active on a major online marketplace (Amazon)
German Competition Authority (Bonn)
Germany 457 contributions 116345 visits
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 marketplace agrees to change business terms for dealers (Amazon)
Heinz & Zagrosek (Köln)
Germany 23 contributions 13175 visits
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 (...)

The German Competition Authority reaches an informal settlement with an online marketplace and closes investigation into the company’s commercial practices (Amazon)
Hausfeld (Berlin)
Germany 7 contributions 1985 visits
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. In July 2019, the German Bundeskartellamt (Federal Cartel Office – “FCO”) reached an informal settlement with Amazon and subsequently closed its investigation (...)

The Brazilian Competition Authority enters into a settlement agreement with a major refining company for the sale of oil refineries (Petrobras)
DLA Piper (New York)
United States 5 contributions 2139 visits
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Mattos Filho (Sao Paulo)
Brazil 4 contributions 1956 visits
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Mattos Filho (Rio de Janeiro)
Brazil 1 contribution 524 visits
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During a hearing held on June 11, 2019, the Administrative Council for Economic Defense (CADE) entered into a Settlement Agreement with Petrobras for the sale of eight oil refineries and associated infrastructure. The agreement was approved by the majority of CADE’s Commissioners and has in (...)

The US District Court for the Northern District of California finds that a semiconductor company’s "no license, no chips" program violates antitrust laws (Qualcomm)
Ropes & Gray (New York)
United States 2 contributions 166 visits
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Ropes & Gray (New York)
United States 1 contribution 78 visits
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US Attorney’s Office – District of Massachusetts (Boston)
1 contribution 78 visits
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This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On May 21, 2019, following a full trial on the merits, Judge Koh of the Northern District of California issued a 233-page opinion in a closely watched case (...)

The German Competition Authority announces that two sports committees have committed to enlarging the advertising opportunities for German athletes during the Olympic Games (DOSB / IOC)
Bird & Bird (Dusseldorf)
Germany 21 contributions 2612 visits
On 27 February 2019, the German Federal Cartel Office (“FCO”) issued a press release announcing that the German Olympic Sports Confederation (“DOSB”) and the International Olympic Committee (“IOC”) committed to enlarge the advertising opportunities for German athletes during the Olympic Games. (...)

The German Competition Authority finds that the data gathering practices of a social network are an abuse of its dominant position, and orders amendments in its data processing policy (Facebook)
Van Bael & Bellis (Brussels)
Belgium 191 contributions 66792 visits
On 6 February 2019, the German Federal Cartel Office (“FCO”) concluded administrative proceedings concerning the data gathering practices of Facebook Inc., Facebook Ireland and Facebook Germany (together “Facebook”). The FCO found that Facebook abused its dominant position by making the (...)

The Polish Competition Authority imposes commitments to restore competition on the railway infrastructure management market (PKP Cargo)
WKB Wierciński Kwieciński Baehr (Warsaw)
Poland 19 contributions 6756 visits
On 20 December 2018 the Polish Competition Authority ((Prezes Urzedu Ochrony Konkurencji i Konsumentów (“PCA” or the “Authority”) issued a decision in which it found that PKP Polskie Linie Kolejowe S.A. (“PKP” or the “Company”) could have abused its market position in relations with the (...)

The South Korean FTC fines a company and imposes remedies for blocking potential rivals from entering the aviation reinsurance market (Korean Re)
Korea Fair Trade Commission (Seoul)
North Korea 11 contributions 579 visits
The Korea Fair Trade Commission (headed by Chairperson Kim Sang- Jo, hereinafter referred to as the ‘KFTC’) decided to impose remedies and approximately 7.6 billion won penalty surcharges* against Korean Reinsurance Co., (hereinafter referred to as ‘Korean Re’) for blocking potential rivals (...)

The EU Commission imposes a fine totalling €77M on a gas supply company and its subsidiaries for blocking access to key natural gas infrastructure in Bulgaria (BEH)
European Commission - DG COMP (Brussels)
Belgium 1361 contributions 2922166 visits
Antitrust: Commission fines BEH Group € 77 million for blocking access to key natural gas infrastructure in Bulgaria* The European Commission has fined Bulgarian Energy Holding (BEH), its gas supply subsidiary Bulgargaz and its gas infrastructure subsidiary Bulgartransgaz (the BEH group) €77 (...)

The EU Commission imposes binding remedies on a German grid operator to increase electricity trading (TenneT)
European Commission - DG COMP (Brussels)
Belgium 1361 contributions 2922166 visits
Antitrust: Commission imposes binding obligations on TenneT to increase electricity trading capacity between Denmark and Germany* The European Commission has adopted a decision rendering legally binding commitments offered by German grid operator TenneT to significantly increase cross-border (...)

The EU Commission accepts commitments from a company to settle an investigation into conduct affecting the German and Danish electricity markets (TenneT)
Van Bael & Bellis (Brussels)
Belgium 191 contributions 66792 visits
On 7 December 2018, the European Commission (“Commission”) adopted a decision accepting a number of commitments from TenneT to address the Commission’s competition concerns regarding TenneT’s conduct that allegedly limited southward capacity at the electricity interconnector between Western (...)

The French Competition Authority renders legally binding a set of remedies proposed by a media company, leaving its subscribers free to choose their TV decoder to watch its programmes (Canal Plus)
French Competition Authority (Paris)
France 747 contributions 408213 visits
Satellite Pay TV* The Autorité de la concurrence makes the commitments of Groupe Canal Plus binding, leaving its subscribers free to choose their TV decoder to watch its programmes. The complaint A satellite decoder manufacturer lodged a complaint with the Autorité de la concurrence (...)

The EU Commission fines a Big Tech company €4.34 billion for illegal practices in distribution agreements for its mobile operating system (Google Android)
International Center for Law & Economics (Portland)
United States 16 contributions 7723 visits
The EU’s Google Android antitrust decision falls prey to the nirvana fallacy* Today the European Commission launched its latest salvo against Google, issuing a decision in its three-year antitrust investigation into the company’s agreements for distribution of the Android mobile operating (...)

The Portuguese Competition Authority renders legally binding a set of remedies that expand the scope of postal network access offer of a postal operator to competing operators (CTT)
Portuguese Competition Authority (Lisbon)
Portugal 119 contributions 29999 visits
AdC’s intervention expands the scope of CTT postal network access offer to competing operators and broadens consumer choice* The Portuguese Competition Authority (AdC) adopted a decision which renders legally binding a set of commitments that expand the scope of CTT’s Postal Network Access (...)

The Lithuanian Competition Authority closes its investigations against a bank for abuse of dominance (Swedbank)
Lithuanian Competition Authority (Vilnius)
Lithuania 106 contributions 20755 visits
Competition Council closes the investigation into Swedbank actions* The Competition Council closed the investigation into the compliance of Swedbank actions with the requirements of the Law on Competition upon Swedbank submitting written commitments suitable for the elimination of the (...)

The EU Commission accepts commitments to settle an investigation into conduct affecting Central and Eastern European gas markets (Gazprom)
Van Bael & Bellis (Brussels)
Belgium 191 contributions 66792 visits
On 24 May 2018, the Commission adopted a decision accepting a number of commitments from Gazprom to address the Commission’s competition concerns regarding conduct by Gazprom that allegedly restricted the free flow of gas at competitive prices in Central and Eastern European gas markets. The (...)

The EU Commission imposes a set of binding obligations on a dominant gas supplier to enable free flow (Gazprom)
European Commission - DG COMP (Brussels)
Belgium 1361 contributions 2922166 visits
Antitrust: Commission imposes binding obligations on Gazprom to enable free flow of gas at competitive prices in Central and Eastern European gas markets* The European Commission has adopted a decision imposing on Gazprom a set of obligations that address the Commission’s competition (...)

The EU Commission accepts the commitments offered by an oil and gas company to enable the free flow of gas in CEE gas markets at competitive prices (Gazprom)
IPR University Center (Helsinki)
Finland 29 contributions 5514 visits
The European Commission Settles the Long-running Antitrust Case with Gazprom by Agreeing on Commitments* After almost seven years, the European Commission (“Commission”) settled its long-running antitrust case with the Russian energy giant, PJSC Gazprom and its wholly-own subsidiary Gazprom (...)

The Spanish Competition Authority orders Spain’s most important railway company to comply with several remedies to ensure competition in the transport of goods (Renfe)
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 47058 visits
The Private Railway Companies Association (representing most of Renfe’s competitors) filed a complaint against Renfe before the NMCC denouncing the situation created by Renfe after calls for tenders in 2015 and 2016. The NMCC has adopted a Resolution in which it orders Renfe to comply with a (...)

The German Competition launches a market inquiry on remedies proposed by German Olympic Sports Confederation and the International Olympic Committee suspected to abuse of their dominant position (DOSB / IOC)
German Competition Authority (Bonn)
Germany 457 contributions 116345 visits
Market test on commitments of DOSB and IOC* The Bundeskartellamt is currently conducting an administrative proceeding against the German Olympic Sports Confederation (Deutscher Olympischer Sportbund, DOSB) and the International Olympic Committee (IOC). The Bundeskartellamt suspects that the (...)

The German Competition Authority terminates its administrative proceeding against a national sports association suspected of abuse of dominance (DFB - German Football Association)
German Competition Authority (Bonn)
Germany 457 contributions 116345 visits
DFB eases conditions for purchase of tickets for World Cup 2018* The Bundeskartellamt has terminated its administrative proceeding against the German Football Association (DFB) which it had initiated on the suspicion that the association had abused its dominant position. Before this DFB had (...)

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 Menard (Ljubljana)
Slovenia 20 contributions 53726 visits
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 French Competition Authority accepts remedies proposed by a sugar producer suspected to have abused its dominant position (Tereos)
French Competition Authority (Paris)
France 747 contributions 408213 visits
Sugar production / Picardie* Tereos takes commitments under the French competition authority that it will open up its procurement contracts. Sugar beet growers will benefit from greater freedom to choose the sugar groups that they want to supply. The complaint by Saint-Louis Sucre (...)

The Spanish Competition Authority closes abuse of dominance proceedings through a commitments decision against a pharmaceutical company (IMS Health)
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 47058 visits
On 13 July 2017, the NMCC closed the Article 102 TFEU and Article 2 of the Spanish Competition Act (Competition Act) proceedings related to the supply of pharmaceutical marketing data to IMS Health (IMS) by means of a commitments decision. The NMCC initiated the investigation, as a result of (...)

The Spanish Competition Authority closes investigation against a tonic water company following submission of competition commitments in a case related to restrictions of parallel trade (Schweppes / Red Paralela)
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 47058 visits
The NMCC has closed with commitments an investigation against Schweppes, S.A. related to restrictions of parallel trade. The Coca-Cola group and Orangina Schweppes Holding B.V. (OSHBV) share the ownership of the Schweppes trademark in the EU. Coca-Cola owns the Schweppes trademark in the UK (...)

The EU Commission opens a formal investigation to assess whether Romania’s gas transmission system operator has abused its dominant position (Transgaz)
European Commission - DG COMP (Brussels)
Belgium 1361 contributions 2922166 visits
Antitrust: Commission opens investigation into gas export restrictions from Romania* The European Commission has opened a formal investigation to assess whether Romania’s gas transmission system operator Transgaz has been hindering gas exports from Romania to other EU Member States. The (...)

The EU Commission accepts remedies proposed by an electronic commerce company in the e-books sector (Amazon)
European Commission - DG COMP (Brussels)
Belgium 1361 contributions 2922166 visits
Antitrust: Commission accepts commitments from Amazon on e-books* The European Commission has adopted a decision that renders legally binding the commitments offered by Amazon. The commitments address the Commission’s preliminary competition concerns relating to a number of clauses in (...)

The Italian Competition Authority accepts commitments from a collecting society in an abuse of dominance investigation (Nuovoimaie)
Van Bael & Bellis (Brussels)
Belgium 191 contributions 66792 visits
On 22 March 2017, the Italian Competition Authority (“ICA”) accepted commitments from the copyright-collecting society NUOVOIMAIE (“NI”) aimed at addressing ICA’s concerns that NI had abused its dominant position on the Italian market for management and intermediation services in the (...)

The EU Commission launches a market test on an energy company’s commitments relating to the Central and Eastern European gas markets (Gazprom)
Van Bael & Bellis (Brussels)
Belgium 191 contributions 66792 visits
On 13 March 2017, the European Commission launched a market test on commitments submitted by Gazprom aimed at addressing concerns over its alleged abuse of dominance on Central and Eastern European gas supply markets. In April 2015, the European Commission announced that it had sent a (...)

The German Competition Authority closes its proceedings on abusive pricing against district heating suppliers and obtains antitrust remedies (Innogy)
German Competition Authority (Bonn)
Germany 457 contributions 116345 visits
Proceedings against district heating suppliers concluded* The Bundeskartellamt has concluded its proceedings on abusive pricing against district heating suppliers. In a number of supply areas the suppliers have offered commitments in response to the authority’s concerns about abusively (...)

The French Competition Authority conducts an initial intermediary assessment of the commitments made by an online accommodation booking company (Booking.com)
French Competition Authority (Paris)
France 747 contributions 408213 visits
The Autorité de la concurrence conducts an initial intermediary assessment of the commitments made by Booking.com.* The Autorité has not ruled out the possibility of issuing an opinion at its own initiative if the change in competition so requires, and is actively contributing to all of the (...)

The EU Commission seeks feedback on commitments proposed by an electronic commerce company in e-book investigation (Amazon)
European Commission - DG COMP (Brussels)
Belgium 1361 contributions 2922166 visits
Antitrust: Commission seeks feedback on commitments offered by Amazon in e-book investigation* The European Commission is inviting comments on commitments offered by Amazon to address competition concerns relating to parity clauses in contracts with publishers. The clauses may breach EU (...)

The Polish Supreme Court finds that a decision of the Competition Authority and the judgment of the Court of Appeal failed to establish a sufficiently precise relevant market definition to enable the finding of an abuse of dominance in the natural gas sector (PGNiG)
Utrecht University
Netherlands 5 contributions 1513 visits
,
Affre i Wspólnicy (Warsaw)
Poland 2 contributions 428 visits
In the judgment of the Supreme Court (“SC”) of 10 January 2017, (III SK 61/15) concerning the alleged abuse of dominant position by PGNiG S.A. – a Polish natural gas company, the case was referred back to the Court of Appeal in Warsaw (“CA”). The SC found that neither the President of the (...)

The Czech Competition Authority accepts commitments in a case on alleged abuse of dominance by an energy company applying a pricing formula included in a long-term supply agreement (ČEZ)
Diwok Hermann Petsche (Baker McKenzie Vienna)
Austria 7 contributions 2341 visits
The Czech Competition Authority ("CCA") accepted in a decision of 20 December 2016 commitments offered by ČEZ, a partly state-owned Czech energy company, due to an alleged abuse of dominant position on the market for purchasing of brown coal. While the CCA refrained from final findings (...)

The Belgian Competition Authority closes its investigation regarding a real estate website due to remedies offered by the undertaking (Immoweb)
Belgian Competition Authority (Brussels)
Belgium 120 contributions 24120 visits
The Investigation and Prosecution Service of the Belgian Competition Authority has closed its investigation against Immoweb due to commitments offered by Immoweb* On January 30 2015, the Investigation and Prosecution Service opened an ex officio investigation against Immoweb, the company (...)

The EU Commission fines a company specialized in the waste management for abuse of dominance (ARA)
European Commission - DG COMP (Brussels)
Belgium 1361 contributions 2922166 visits
Antitrust: Commission fines ARA €6 million for hindering competition on Austrian waste management market* The Commission has fined Altstoff Recycling Austria (ARA) €6 million for blocking competitors from entering the Austrian market for management of household packaging waste from 2008 to (...)

The EU Commission fines undertakings for abuse of dominance on the Austrian waste management market (Altstoff Recycling Austria)
Van Bael & Bellis (Brussels)
Belgium 191 contributions 66792 visits
On 20 September 2016, the European Commission announced that it had imposed a € 6 million fine on Altstoff Recycling Austria (“ARA”) for abusing its dominant position on the Austrian waste management market by blocking competitors from entering the Austrian market between 2008 and 2012. (...)

The EU General Court upholds the Commission’s decision making legally binding commitments remedying a finding of an abuse of dominance in the market for consolidated real-time data feeds (Morningstar / Thomson Reuters)
Van Bael & Bellis (Brussels)
Belgium 191 contributions 66792 visits
On 15 September 2016, the General Court upheld the Commission’s decision accepting commitments proposed by Thomson Reuters with a view to remedying a finding of an abuse of a dominant position in the market for consolidated real-time data feeds, in breach of Article 102 TFEU. The Commission (...)

The Croatian Competition Authority accepts remedies proposed by a company suspected of abuse of dominance on the funeral services market (Flora)
Croatian Competition Agency (Zagreb)
Croatia 120 contributions 19891 visits
CCA accepts commitments by Flora VTC* The Croatian Competition Agency (CCA) accepted the commitments offered by Flora VTC in the course of the ex-officio proceeding that it opened against this undertaking in April 2016. The CCA established within the proceeding that on the basis of the (...)

The Italian Competition Authority, in collaboration with 9 National Competition Authorities and the EU Commission, monitors the impact of the measures undertaken in the online hotel booking sector
Italian Competition Authority (Rome)
Italy 71 contributions 19082 visits
Monitoring launched in online hotel booking sector* Monitoring the impact of the new parity clauses in the contracts with online travel agencies by the Italian Competition Authority in partnership with 9 other National Competition Authorities The Italian Competition Authority (AGCM), in (...)

The EU Commission accepts remedies to alleviate concerns in film licensing contracts in cross-border pay-TV services (Paramount / Sky UK)
European Commission - DG COMP (Brussels)
Belgium 1361 contributions 2922166 visits
Antitrust: Commission accepts commitments by Paramount on cross-border pay-TV services* The European Commission has made commitments offered by Paramount legally binding under EU antitrust rules. These address the Commission’s concerns regarding certain clauses in film licensing contracts (...)

The EU Commission accepts remedies proposed by companies active on the credit default swaps market (ISDA / Markit)
European Commission - DG COMP (Brussels)
Belgium 1361 contributions 2922166 visits
Antitrust: Commission accepts commitments by ISDA and Markit on credit default swaps* The European Commission has adopted a decision that renders legally binding commitments to licence inputs for credit default swaps, offered separately by the International Swaps and Derivatives Association (...)

The French Competition Authority launches, in collaboration with 9 National Competition Authorities and the EU Commission, a survey among hoteliers to assess the remedies implemented in the hotel booking sector (Booking.com)
French Competition Authority (Paris)
France 747 contributions 408213 visits
Hotel booking platforms* The Autorité de la concurrence launches, in collaboration with 9 national competition authorities and the European Commission, a survey among hoteliers in order to assess the effects of the remedies implemented in Europe in the hotel booking platforms sector. (...)

The Portuguese Competition Authority renders legally binding the commitments offered by a food retailer (Dia)
Portuguese Competition Authority (Lisbon)
Portugal 119 contributions 29999 visits
The PCA adopts a decision which renders legally binding the commitments offered by Dia Portugal related to Minipreço franchise* The Portuguese Competition Authority (PCA) adopted a decision which renders legally binding the commitments offered by Dia Portugal Supermercados, Sociedade (...)

The German Competition Authority terminates proceedings regarding possible abuse of dominance in the market for the distribution of passenger train tickets and accepts several commitments by the incumbent train company (Deutsche Bahn)
Van Bael & Bellis (Brussels)
Belgium 191 contributions 66792 visits
By a decision of 24 May 2016, the German Federal Cartel Office (“FCO”) announced that it had terminated proceedings against Deutsche Bahn AG after having accepted several commitments. In 2014, the FCO initiated an investigation against Deutsche Bahn AG and reached the preliminary conclusion (...)

The German Competition Authority announces that, following its investigations, a railway company has decided to make far-reaching changes to the sale of passenger tickets (Deutsche Bahn)
German Competition Authority (Bonn)
Germany 457 contributions 116345 visits
Deutsche Bahn AG to make changes to ticket sales* Following investigations by the Bundeskartellamt, Deutsche Bahn AG has undertaken to make far-reaching changes to the sale of passenger tickets. The measures will improve the ticket sales possibilities of its competitors. In early 2014 the (...)

The EU Commission invites interested third parties to comment on the commitments proposed in the credit default swaps case (ISDA / Markit)
European Commission - DG COMP (Brussels)
Belgium 1361 contributions 2922166 visits
Antitrust: Commission seeks feedback on commitments by ISDA and Markit on credit default swaps* The European Commission is inviting comments from interested parties on commitments offered separately by ISDA and by Markit to address competition concerns relating to the licensing of data and (...)

The German Competition Authority approves marketing model for the award of football championship rights from 2017/18 season onwards (DFL)
German Competition Authority (Bonn)
Germany 457 contributions 116345 visits
Bundeskartellamt approves marketing model for award of Bundesliga rights from 2017/18 football season onwards – DFL undertakes for first time to observe ’no single buyer’ rule* The German League Association and the German Football League (DFL) have submitted a commitment to the (...)

The EU Commission allows the early termination of commitments made by a railway power supplier, following the entry of new competitors to the market (Deutsche Bahn)
European Commission - DG COMP (Brussels)
Belgium 1361 contributions 2922166 visits
Antitrust: successful market opening allows early termination of commitments in Deutsche Bahn case* The European Commission has relieved Deutsche Bahn ahead of schedule from commitments made binding in December 2013, as several competitors have now entered the German railway traction current (...)

The EU Commission relieves an undertaking in the railway sector of its obligation to comply with a commitments decision, following market developments (Deutsche Bahn)
Van Bael & Bellis (Brussels)
Belgium 191 contributions 66792 visits
On 8 April 2016, the Commission announced that it had adopted a decision to relieve Deutsche Bahn of its obligation to comply with a commitments decision made binding on the company in December 2013. According to the Commission, the commitments decision had achieved its “main purpose”, which (...)

The Croatian Competition Authority accepts commitments proposed by an undertaking suspected to abuse of dominance in the newspapers market (Tisak)
Croatian Competition Agency (Zagreb)
Croatia 120 contributions 19891 visits
Tisak reviews the commission rates in newspapers sales* The Croatian Competition Agency (CCA) accepted the committments of the undertaking Tisak with the view to eliminating possible anticompetitive effects in the commission sales of newspapers in the proceedings that has been carried out by (...)

The UK Competition Authority issues a provisional decision on remedies to increase competition in the private healthcare market (HCA)
UK Competition & Markets Authority - CMA (London)
United Kingdom 407 contributions 100927 visits
CMA’s private healthcare provisional decision on remedies* The CMA has provisionally found that likely changes in London’s private healthcare market mean that extra remedies would not be proportionate. In April 2012, the Competition Commission, a predecessor body of the Competition and (...)

The Portuguese Competition Authority renders binding commitments proposed by car manufacturer regarding motor vehicle warranties (Fiat)
Portuguese Competition Authority (Lisbon)
Portugal 119 contributions 29999 visits
The PCA adopts a decision which renders legally binding the commitments offered by Fiat regarding motor vehicle warranties* The Portuguese Competition Authority (PCA) adopted a decision which renders legally binding the commitments offered by FCA Portugal, S.A., in relation to Fiat brands (...)

The Portuguese Competition Authority closes its infringement procedure in the case of motor vehicles warranties (SEAT Portugal)
Portuguese Competition Authority (Lisbon)
Portugal 119 contributions 29999 visits
Intervention of the Portuguese Competition Authority led to positive changes in the motor vehicles warranties* The Portuguese Competition Authority (PCA) decided to close the infringement procedure against SEAT Portugal, Unipessoal, Lda. (SEAT Portugal) because the company, diligently, (...)

The Hellenic Competition Authority accepts remedies proposed by an electricity producer ending competition concerns (PPC)
Hellenic Competition Commission (Athens)
Greece 132 contributions 18275 visits
HCC has accepted commitments proposed by the PPC S.A. to address competition concerns with regard to the supply of electricity to Aluminium of Greece S.A.* By a unanimous decision, the Hellenic Competition Commission (HCC) accepted commitments proposed by the Public Power Corporation S.A. (...)

The Portuguese Competition Authority receives remedies from an automobile constructor regarding motor vehicles warranties (Fiat)
Portuguese Competition Authority (Lisbon)
Portugal 119 contributions 29999 visits
Fiat offers commitments regarding motor vehicles warranties* The Portuguese Competition Authority (PCA) opened proceedings against Fiat Group Automobiles Portugal, S.A., now FCA Portugal, S.A. (Fiat), in relation to the Fiat brand, for alleged infringements of competition rules. The (...)

The Estonian Competition Authority accepts commitment proposed by a vertically integrated electricity network operator to offer to all electricity suppliers the option of issuing joint invoices (Elektrilevi)
Sorainen (Tallinn)
Estonia 1 contribution 239 visits
With its 29 December 2015 decision, the Estonian Competition Authority (“ECA”) closed proceedings concerning an alleged abuse of dominance by the leading vertically integrated electricity network operator in Estonia, Elektrilevi OÜ. The proceedings were closed without a decision on whether a (...)

The Dutch Competition Authority pronounces an order obliging a dominant postal service company to transmit its price list to its competitors (PostNL)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 212 contributions 36510 visits
ACM: postal company PostNL must stop frustrating its competitors* Dutch postal company PostNL failed to share clearly with other postal companies part of its tariffs and conditions for mail delivery. Consequently, Van Straaten Post and Intrapost, two smaller rival postal companies, did not (...)

The EU Commission accepts commitments proposed by an electricity provider to open up the Bulgarian wholesale electricity market (Bulgarian Energy Holding)
European Commission - DG COMP (Brussels)
Belgium 1361 contributions 2922166 visits
Antitrust: Commission accepts commitments by Bulgarian Energy Holding to open up Bulgarian wholesale electricity market* The European Commission has adopted a decision that renders legally binding the commitments offered by Bulgarian Energy Holding (BEH) to end competition restrictions on (...)

The EU Commission accepts the commitments proposed to end competition restrictions in Bulgaria’s wholesale electricity market (Bulgarian Energy Holding)
Mondelez (Sofia)
Romania 8 contributions 2980 visits
On December 10, 2015 the European Commission accepted the commitments proposed by Bulgarian Energy Holding to open up the Bulgarian wholesale electricity market. The decision should lead to greater liberalization and transparency on the wholesale electricity market in Bulgaria, thus enhancing (...)

The Hungarian Competition Authority accepts commitments proposed by a software company suspected of abuse of dominance (Nielsen)
Hungarian Competition Authority (Budapest)
Hungary 94 contributions 19708 visits
The GVH accepted the commitments offered by Nielsen* The Hungarian Competition Authority (Gazdasági Versenyhivatal, GVH) accepted the commitments offered by Nielsen Közönségmérés Kft. (Nielsen), pursuant to which in the future it will set the prices of its databases and of the related (...)

The Portuguese Competition Authority receives commitments from a car manufacturer ending competition concerns regarding motor vehicles warranties (SIVA)
Portuguese Competition Authority (Lisbon)
Portugal 119 contributions 29999 visits
SIVA offers commitments to the Portuguese Competition Authority regarding motor vehicles warranties* The Portuguese Competition Authority has opened proceedings against SIVA – Sociedade de Importação de Veículos Automóveis, S.A., the Portuguese importer of Audi, Volkswagen and Skoda brands, (...)

The Belgian Competition Authority imposes provisional measures in a case involving TV rights for a series of cyclocross competitions (Telenet)
Van Bael & Bellis (Brussels)
Belgium 191 contributions 66792 visits
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 Croatian Competition Authority accepts the remedies proposed by a dominant undertaking on the market of pyrotechnic products (Mirnovec pirotehnika)
Croatian Competition Agency (Zagreb)
Croatia 120 contributions 19891 visits
CCA orders Mirnovec pirotehnika to change lease and business cooperation agreements* Similar as in the recent proceeding that it carried out against the undertaking Orion in the same relevant market the Croatian Competition Agency (CCA) opened the ex officio proceeding following the (...)

The Swedish Competition Authority closes its investigation of an online travel agency after accepting commitments (Expedia Sweden)
Swedish Competition Authority (Stockholm)
Sweden 70 contributions 10284 visits
Investigation of the online travel agency Expedia closed* After the online travel agent Expedia has changed the application of certain conditions in its contract with hotels, the Swedish Competition Authority has now closed its investigation of the company. Expedia operates under the (...)

The Polish Competition Authority accepts commitments proposed by insurers in the life insurance market (Allianz)
Polish Competition Authority (Warsaw)
Poland 120 contributions 22532 visits
UOKiK issues commitment decisions in unit-linked life insurance cases as part of wide investigation of consumer abuses in the sector* Three insurance companies – Polish units of Aviva, Allianz and Nationale Nederlanden – have committed to significantly reduce cancellation fees in existing (...)

The Polish Competition Authority fines a gas supplier for failing to fully comply with a commitment decision (PGNiG)
Polish Competition Authority (Warsaw)
Poland 120 contributions 22532 visits
PGNiG, Poland’s leading gas supplier, fined for failing to fully comply with a commitment decision* UOKiK has fined Polskie Górnictwo Naftowe i Gazownictwo (PGNiG), a leading Polish oil and gas company, EUR 2.45 mln for failing to comply with a part of the commitment decision it had accepted (...)

The Irish Competition Authority publishes commitments secured from Europe’s largest online travel agent platform regarding its best price guarantee (Booking.com)
Irish Competition Authority (Dublin)
Ireland 104 contributions 16640 visits
Commission secures 5-year commitments from Booking.com* Commission secures 5-year commitments from Booking.com Accommodation providers in Ireland will have increased ability to offer lower prices Consumers will have greater access to more competitive rates Tuesday, 6th October 2015: The (...)

The Portuguese Competition Authority accepts commitments proposed by a car manufacturer related to vehicle warranties’ restrictions (Ford)
Portuguese Competition Authority (Lisbon)
Portugal 119 contributions 29999 visits
The PCA converts into mandatory conditions the commitments presented by Ford Lusitana regarding motor vehicle warranties* The Portuguese Competition Authority (PCA) converts into mandatory conditions all the commitments presented by Ford Lusitana, S.A. (Ford), in order to address the (...)

The Romanian Competition Authority launches a market test concerning a possible abuse of dominance in the pharmaceutical sector (GlaxoSmithKline)
Romanian Competition Council (Bucharest)
Romania 160 contributions 29237 visits
The Competition Council launches for public debates the commitments formulated by S.C. GLAXOSMITHKLINE S.R.L.* The Competition Council launches for public debates the commitments formulated by S.C. GlaxoSmithKline (GSK) S.R.L. within the investigation on possible abuse of dominant position (...)

The South African Competition Tribunal addresses its first predatory pricing case in the newspaper market (Media24)
Wallonia-Brussels Trade Commission - AWEX (Johannesburg)
South Africa 8 contributions 2787 visits
First predatory pricing case before the Competition Tribunal* A year ago, we at AAT reported on the intervention by competitors in the merger between Media24 and Paarl Media. Today, we want to highlight a “one-year-later” feature about that same company, which has now been found liable of (...)

The Latvian Administrative Regional Court upholds the decision of the Competition Authority that fined and imposed remedies on the national gas supplier in a case of abuse of dominance (Latvijas Gāze)
Latvian Competition Council (Riga)
Latvia 124 contributions 24461 visits
Court agrees with the Competition Authority to fine the National Gas Supplier* On 2 September, the Administrative Regional Court confirmed the Competition Council’s (CC) decision to impose the only natural gas supplier in Latvia – AS "Latvijas Gāze" – remedies to change the practice of debt (...)

The Romanian Competition Authority accepts commitments closing mobile operators’ price investigation (Orange Romania)
Nestor Nestor Diculescu Kingston Petersen (Bucharest)
Romania 4 contributions 1261 visits
The Romanian Competition Authority’s investigation started in 2011, in the context in which the four large mobile operators in Romania - Orange Romania, Vodafone Romania, Romania Telekom Mobile Communications and RCS & RDS - were charging different tariffs for the service of call (...)

The Portuguese Competition Authority receives commitments proposed by a car manufacturer to end the competition concerns regarding motor vehicles warranties (Ford)
Portuguese Competition Authority (Lisbon)
Portugal 119 contributions 29999 visits
Ford offers commitments to the Portuguese Competition Authority regarding motor vehicles warranties* The Portuguese Competition Authority has opened proceedings against Ford Lusitana, S.A. (Ford) for alleged infringements of the competition rules, on January 2015. The Portuguese (...)

The Cyprus Competition Authority imposes a fine of 750,000 Euro and behavioural remedies on an airport company (Hermes Airports)
White & Case (Brussels)
Belgium 39 contributions 66099 visits
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Chrysses Demetriades (Limassol)
Cyprus 10 contributions 3315 visits
1. Background In its decision dated 23/6/2015 the Cypriot Commission for the Protection of Competition (the “CPC”) held that the operator of the Larnaca and Paphos international Airports in Cyprus, Hermes Airports Ltd, (hereafter referred as “Hermes”) violated Section 6(1)(a) of the Cyprus (...)

The EU Commission launches a market test concerning the commitments proposed by an electricity provider operating in the Bulgarian wholesale electricity market (Bulgarian Energy Holding)
European Commission - DG COMP (Brussels)
Belgium 1361 contributions 2922166 visits
Commission market tests commitments by Bulgarian Energy Holding (BEH) concerning Bulgarian wholesale electricity market* The European Commission is inviting comments from interested parties on commitments offered by the State-owned Bulgarian Energy Holding EAD (BEH) to address competition (...)

The Croatian Competition Authority accepts commitments proposed by a company operating in the provision of specialised IT support to leasing companies (Gemicro)
Croatian Competition Agency (Zagreb)
Croatia 120 contributions 19891 visits
Gemicro committments accepted* In the proceeding against the undertaking Gemicro the Croatian Competition Agency (CCA) accepted the committments made by Gemicro for the removal of anticompetitive effects and restoration of competition in the provision of specialised IT support to leasing (...)

The Russian Competition Authority welcomes the decision of the gravel manufacturer aiming to end a practice constituting an abuse of dominance (Sharkhinsky Quarry)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 56792 visits
A gravel producer in Crimea voluntarily eliminated violations of the antimonopoly law* The Federal Antimonopoly Service (FAS Russia) terminated the case against “Sharkhinsky Quarry” Shareholding Company in the part of abusing dominance (Clause 6 Part 1 Article 10 of the Federal Law “On (...)

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)
France 747 contributions 408213 visits
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 (...)

The Ningxia Administration for Industry and Commerce suspends an abuse of dominance investigation after receiving commitments from the companies (China Tietong / China Unicom / China Telecom)
University of Melbourne
Australia 103 contributions 29684 visits
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China Competition Bulletin (Beijing)
China 101 contributions 26638 visits
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Hogan Lovells (Beijing)
China 81 contributions 20846 visits
…
Tied sales of landline telephone services investigated in Ningxia* The SAIC reported that, on 15 May 2015, the Administration for Industry and Commerce in the Ningxia Hui Autonomous Region (Ningxia AIC) suspended its antitrust investigation of the Ningxia branches of China Tietong, China (...)

The French Competition Authority obtains extensive commitments from an online hotel booking company (Booking.com)
French Competition Authority (Paris)
France 747 contributions 408213 visits
The Autorité de la concurrence, in coordination with the European Commission and the Italian and Swedish authorities, has obtained particularly extensive commitments from Booking.com aiming to boost competition between online booking platforms and give hotels more freedom in commercial and (...)

The Italian Competition Authority renders legally binding the commitments proposed by an online hotel booking company (Booking.com)
Italian Competition Authority (Rome)
Italy 71 contributions 19082 visits
Commitments offered by booking.com: closed the investigation in Italy, France AND Sweden* On 21 April 2015, the Italian Competition Authority has rendered legally binding the commitments offered by Priceline Group’s companies Booking.com BV and Booking.com (Italy) and closed, with respect to (...)

The FTC seeks to secure first disgorgement in nearly a decade (Cardinal Health)
Womble Bond Dickinson (Charlotte)
United States 1 contribution 450 visits
FTC Seeks to Secure First Disgorgement in Nearly a Decade* The FTC announced yesterday that Cardinal Health, Inc. (“Cardinal”) has agreed to pay $26.8 million to resolve its investigation into the company’s alleged anticompetitive behavior. If approved by a federal court, the settlement (...)

The Swedish Competition Authority approves the voluntary commitments of an online hotel booking company subject to a fine (Booking.com)
Klarna (Stockholm)
Sweden 9 contributions 1545 visits
The Swedish Competition Authority decided, on 15 April 2015, to approve the voluntary commitments presented by Bookingdotcom Sverige AB and Booking.com BV (below, jointly referred to as “Booking.com”). The commitments are associated with a fine of SEK 5 million (approx. EUR 550 000) for (...)

The Canadian Competition Authority holds that the exit of a dominant firm from the relevant market does not end the abuse of dominance claim (Direct Energy)
Conzen O’Connor (Toronto)
France 23 contributions 5496 visits
Not out of hot water: Direct Energy’s exit does not end abuse case* Direct Energy’s exit from the hot water heater rental market did not turn down the heat from the Commissioner The exit of a respondent in an abuse of dominance case does not mean the case cannot continue, the Competition (...)

The Mexican Competition Commission accepts the remedies proposed by a dominant association in the market of the production of avocados (APEAM)
Mexican Competition Authority (Mexico City)
Mexico 138 contributions 26924 visits
COFECE Resolution Will Allow Haas Avocado Exportation to the U.S.A. for all Packers in Mexico* • The APEAM agreed to eliminate anticompetitive practices that imposed barriers on Hass avocado exports to the U.S.A. • COFECE will survey the APEAM’s strict compliance with proposed remedies. (...)

The Portuguese Competition Authority converts into mandatory conditions the commitments proposed by a car manufacturer in the market of motor vehicle warranties (Peugeot)
Portuguese Competition Authority (Lisbon)
Portugal 119 contributions 29999 visits
The PCA converts into mandatory conditions the commitments presented by Peugeot Portugal regarding motor vehicle warranties* The Portuguese Competition Authority (PCA) converts into mandatory conditions all the commitments presented by Peugeot Portugal Automóveis, S.A. (Peugeot), in order to (...)

The Chinese NDRC applies rigorously the Anti-monopoly Law and fines a company for abuse of dominant position (Qualcomm)
Dentons (Shanghai)
China 2 contributions 579 visits
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Dacheng - Dentons (Beijing)
China 3 contributions 1770 visits
On February 10, 2015, as one of the global antitrust enforcement powerhouses by now, the National Development and Reform Commission of PRC (“NDRC”) issued its sanction decision against the US semiconductor giant Qualcomm Incorporated (“Qualcomm), imposing a fine of RMB 6.088 billion (...)

The Chinese NDRC imposes changes in licensing practices (Qualcomm)
Cleary Gottlieb Steen & Hamilton (Washington)
France 5 contributions 5457 visits
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 41 contributions 40129 visits
,
Cleary Gottlieb Steen & Hamilton (Brussels)
Belgium 1 contribution 342 visits
…
This article has been nominated for the 2016 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On March 2, 2015, China’s National Development and Reform Commission (“NDRC”), the agency responsible for investigating price-related violations of China’s (...)

The French Competition Authority launches a market inquiry relating to remedies proposed by the owner of pylons in the mobile market (TDF)
French Competition Authority (Paris)
France 747 contributions 408213 visits
TDF proposes to reduce the length of contracts and ease the conditions for early termination in the contracts of mobile operators using its pylons for the installation of their antennas.The Autorité de la concurrence launches a market test on these proposals.* Within the scope of litigation (...)

The German State of Baden-Württemberg withdraws its remedies proposed to the German Competition Authority aiming at bringing the State’s timber marketing practices in line with competition law (German State of Baden-Württemberg)
German Competition Authority (Bonn)
Germany 457 contributions 116345 visits
Baden-Württemberg withdraws its commitments in round timber proceedings* Today the federal state of Baden-Württemberg withdrew the commitments it offered in the Bundeskartellamt proceedings initiated against it for its joint marketing of round timber. The commitments were aimed at bringing (...)

The French Competition Authority receives commitments from an online hotel booking company aiming at ending practices likely to constitute an abuse of dominance (Booking.com)
French Competition Authority (Paris)
France 747 contributions 408213 visits
Online hotel booking sector* Booking.com has proposed to the Autorité de la concurrence to remove the so-called “pricing parity clause” obliging hotels to grant it pricing conditions that are at least as favorable as those granted to the other online platforms Hotels can now place (...)

The Serbian Competition Authority accepts commitments offered by telecom company for abuse of dominance (Telekom Srbija)
BDK Advokati (Belgrade)
Serbia 15 contributions 710 visits
In a previous post, we wrote about the market test carried out by the Serbian Commission for Protection of Competition in relation to the commitments proposal by Telekom Srbije made in a probe involving the allegations of abuse of dominance. On 14 November, the Commission adopted all of the (...)

The French Competition Authority receives commitments from a railway company aimed at increasing the autonomy of its subsidiary in the market for advice and technical assistance to transport network operators (SNCF / Keolis / Transdev)
French Competition Authority (Paris)
France 747 contributions 408213 visits
The SNCF takes steps towards the increased autonomy of its subsidiary Keolis in the market of advice and technical assistance to urban transporters. The Autorité de la concurrence consults the market on the proposed commitments* Within the scope of a procedure initiated before the Autorité (...)

The Polish Competition Authority monitors the implementation of commitments by an oil and gas exploration and production company to modify contractual relations with customers (PGNiG)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220081 visits
UOKiK Monitors Implementation of Commitments by PGNiG to Modify Contractual Relations with Customers* On 17 October 2014, the Office of Competition and Consumer Protection (UOKiK) initiated proceedings to determine whether Polskie Górnictwo Naftowe i Gazownictwo (PGNiG), Poland’s largest oil (...)

The EU Commission hits telecoms with fines of 70 million euros for abusing the Slovak broadband market (Slovak Telecom)
Alston & Bird (London)
United Kingdom 6 contributions 1818 visits
European Commission Hits Telecoms With Fines Of 70 Million Euros For Abusing Slovak Broadband Market* Co-written by Yulia Tosheva. The European Commission has signalled that it is not dialing down its scrutiny of the telecommunications sector by imposing fines totalling 70 million euros on (...)

The Russian Competition Authority opens proceedings against railways company for failure to execute the warning (Russian Railways)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 56792 visits
“Russian Railways” does not give commuter trains* “Russian Railways” OJSC avoided concluding a rolling stock lease contract with “Interregional Passenger Company” Ltd. (“MRPK” Ltd. is not included in the Group of persons of “Russian Railways” OJSC) for commuter transportation of passengers (...)

The French Competition Authority accepts commitments from a railway company in the distribution of train tickets market (SNCF)
French Competition Authority (Paris)
France 747 contributions 408213 visits
The Autorité de la concurrence obtains commitments from SNCF allowing travel agencies to compete on an equal footing with voyages-sncf.com. Following these changes, travellers should enjoy an enhanced offer of services.* Summary Following a complaint submitted to the Autorité de la (...)

The Netherlands Competition Authority fines a company for having abused of its dominance, inter alia, by refusing to inform in advance competitors that use its network about what services it will offer to its own business customers (KPN)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 212 contributions 36510 visits
KPN fined for putting competitors at a disadvantage with regard to its business call-forwarding service* Dutch telecom company KPN is required to inform in advance competitors that use its network about what services KPN will offer to its own business customers. In addition, KPN must in a (...)

The Italian Administrative Supreme Court reinstates a decision issued by the Competition Authority accepting commitments by the dominant satellite TV company regarding the discriminatory conditions of access to its broadcasting platform (Sky Italia)
Legance - Studio Legale (Rome)
France 12 contributions 12858 visits
By judgement no. 4773 of 22 September 2014, the Italian Supreme Administrative Court (“Consiglio di Stato”) upheld an appeal brought by Sky Italia s.r.l. (“Sky”) and the Italian Competition Authority (Autorità Garante della Concorrenza e del Mercato, “AGCM”) and reinstated the AGCM decision (...)

The Hellenic Competition Authority examines whether the commitments proposed by fuel wholesale trading companies resolve the competition concerns it has identified in the petrol stations market (Hellenic Fuels)
Hellenic Competition Commission (Athens)
Greece 132 contributions 18275 visits
Review of commitments proposed by fuel trading companies with regard to long-term exclusive cooperation agreements concluded between petrol-station operators and such companies.* The competent Chamber of the Hellenic Competition Commission (HCC) will convene on 13 November to examine whether (...)

The UK Competition Authority accepts commitments relating to platform services for the automotive sector (Epyx)
UK Competition & Markets Authority - CMA (London)
United Kingdom 407 contributions 100927 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 improved commitments by a dominant firm to open up the relevant market (Nespresso)
Ashurst (Milan)
Italy 103 contributions 30073 visits
Nespresso offers improved commitments to open up the market for coffee capsules* Last 4 September the French Competition Authority (“AdlC”) made legally binding the improved commitments Nespresso offered to open up the market for coffee capsules to competitors in France and beyond. (...)

The French Competition Authority accepts commitments in the market for coffee capsules (Nespresso)
French Competition Authority (Paris)
France 747 contributions 408213 visits
The Autorité de la concurrence has obtained a commitment from Nespresso to lift barriers to entry for other coffee capsule makers – compatible with Nespresso coffee machines – as well as barriers to their growth* The final commitments made by Nespresso – the first in the world – have been (...)

The Hellenic Competition Commission accepts a proposal to revise partly commitments adopted in a previous decision concerning the supply of natural gas through electronic auctions (DEPA)
Hellenic Competition Commission (Athens)
Greece 132 contributions 18275 visits
Amendment of commitments adopted with decision 551/VII/2012 of the HCC concerning the supply of natural gas through electronic auctions (optimization of gas release programmes)* Following consultation with DEPA customers and in collaboration with the Regulatory Authority for Energy (RAE), (...)

The EU Commission publishes a decision finding that the request and enforcement of an injunction before a German court regarding a smartphone standard-essential patent constituted an abuse of dominance (Motorola Mobility)
DLA Piper Weiss-Tessbach (Vienna)
Austria 26 contributions 7636 visits
Motorola Mobility won’t appeal the European Commission’s decision on patent licensing* Motorola Mobility (Motorola) has decided not to appeal the European Commission’s decision holding that it was abusing the way it licensed standard essential patents for mobile-phone standards. The (...)

The Lithuanian Competition Authority terminates an investigation on compliance of actions with Article 7 of the Law on Competition and Article 102 TFEU (Viasat)
Max Planck Institute for Innovation and Competition (Munich)
Germany 19 contributions 4563 visits
On 19 June 2014 the Competition Council terminated the investigation on an alleged abuse of a dominant position (Article 7 of the Law on Competition, Article 102 TFEU) by the actions of the TV channels distributors Viasat World Limited and Viasat AS . Originally, the investigation was (...)

The Chinese NDRC announces the suspension of an investigation on abuse of dominance against a U.S. wireless technology developer after receiving detailed commitments (InterDigital Communications)
GEN Law (Beijing)
China 1 contribution 286 visits
Excessive pricing and standard-essential patents* On May 22 2014, China’s National Development and Reform Commission (NDRC) announced the suspension of the investigation against Inter Digital Communications (IDC), a US wireless technology developer, as the company had submitted detailed (...)

The EU Commission approves commitments concerning certain standard essential patents relating to the European Telecommunications Standardisation Institute’s 3G UMTS standard (Samsung Electronics)
Ashurst (Milan)
Italy 103 contributions 30073 visits
European Commission makes commitments offered by Samsung Electronics legally binding* On 29 April 2014, the European Commission European issued a decision (see also the related press release) which made legally binding the commitments offered by Samsung Electronics (“Samsung”) in relation to (...)

The Lithuanian Competition Authority concludes an important investigation into the suspected abuse of dominance in the sector for road transportation (LINAVA)
Lithuanian Competition Authority (Vilnius)
Lithuania 106 contributions 20755 visits
Competition Council’s investigation encourages the Association LINAVA* The Competition Council (the KT) terminated the investigation into the actions by the Lithuanian National Road Carriers Association LINAVA (the Association). Allegedly, the Associations had breached Article 7 of the Law (...)

The French Competition Authority receives commitments concerning certain exclusionary practices consisting in particular of tying the purchase of brand coffee capsules to that of coffee machines (Nespresso)
Ashurst (Milan)
Italy 103 contributions 30073 visits
Nespresso offers commitments to lift barriers to entry for other coffee capsule makers in France* On 17 April 2014 the French Competition Authority (“AdlC”) published a press release and a market test notice illustrating the measures that Nespresso proposed to lift barriers to entry for (...)

The Dutch Competition Authority receives commitment following an investigation into possible abuse of dominance in the music copyright sector (Buma / Stemra)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 212 contributions 36510 visits
Buma/Stemra promises ACM to offer more options in music copyright management* Dutch copyright collecting society Buma/Stemra will offer composers and songwriters more options in the management of their music copyrights. This has been laid down in a commitment Buma/Stemra made to the (...)

The Russian Competition Authority issues a warning against airline companies that have a dominant position on some markets (Aeroflot – Russian Airlines)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 56792 visits
FAS warned airlines to improve the systems of air tickets sales* The Federal Antimonopoly Service (FAS Russia) issued a warning to the airlines that have the dominant position on some markets. Elements of violating the antimonopoly law included imposing tariffs upon consumers without taking (...)

The UK Competition Appeal Tribunal publishes a notice of appeal against a decision to sell off one cement plant (Lafarge Tarmac)
Vinson & Elkins (London)
United Kingdom 2 contributions 260 visits
The UK cement market has been under much scrutiny recently. In January 2014, the old UK competition regulator, the Competition Commission (now replaced by the Competition and Markets Authority or CMA) published its final report following its market investigation into the aggregates, cement (...)

The Russian Arbitration Court upholds the warning delivered by the Competition Authority against a pharmaceutical company aiming to eliminate disadvantageous contract conditions (Novo Nordisk)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 56792 visits
Moscow Arbitration Court confirmed legitimacy of a FAS warning issued to “NovoNordisk”* On 14th March 2014, Moscow Arbitration Court confirmed legitimacy of a warning issued by the Federal Antimonopoly Service (FAS Russia) to “Novo Nordisk” Ltd. due to elements of violating Clauses 3 and 5 (...)

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)
Italy 103 contributions 30073 visits
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 Russian Competition Authority welcomes the intention of a railway company to implement the warning aiming to ending the abuse of dominance (Russian Railways)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 56792 visits
“Russian Railways” OJSC executed a FAS determination* The Federal Antimonopoly Service (FAS Russia) found that actions of “Russian Railways” OJSC had signs of violating the antimonopoly law (Clause 5 Part 1 Article 10 of the Federal Law “On Protection of Competition”). The company refused to (...)

The Italian Competition Authority closes an Article 102 TFEU investigation against the incumbent in the high speed rail market with a commitment decision (NTV / Fs / High speed trains)
Municipality of Cagliari
168 contributions 134118 visits
The Italian Competition Authority (ICA) has recently closed by a commitment decision an Article 102 TFEU investigation it had opened last year against the previous rail monopolist, the Ferrovie dello Stato (FS) group . In the NTV/Fs/Ostacoli all’accesso al mercato dei servizi passeggeri ad (...)

The Russian Competition Authority sends a warning against a rail company having abused of its dominance (Russian Railways)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 56792 visits
“Russian Railways” OJSC executed a FAS determination* The Federal Antimonopoly Service (FAS Russia) found that actions of “Russian Railways” OJSC had signs of violating the antimonopoly law (Clause 5 Part 1 Article 10 of the Federal Law “On Protection of Competition”). The company refused to (...)

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 747 contributions 408213 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, (...)

Mergers

 The Brazilian Competition Authority conditionally clears a joint venture of firms in the automotive sector subject to compliance with information exchange restrictions (Volkswagen / BMW / Mercedes-Benz / BASF / Bosch / Henkel / SAP / Schaeffler / Siemens / T-Systems / ZF)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 75 contributions 21655 visits
CADE conditionally clears a joint venture of firms in the automotive sector* The companies’ trade agreement will give rise to a new economic player On 14 December 2022, the Administrative Council for Economic Defense (CADE) conditionally cleared a joint venture among 11 companies in the (...)

The French Competition Authority fines a multinational telecommunications company €75M for the clearance of penalty payments and non-compliance with injunctions issued in 2017 (Altice)
French Competition Authority (Paris)
France 747 contributions 408213 visits
Connecting buildings to the fibre optic network (Faber contract): the Autorité fines Altice 75 million euros for the clearance of penalty payments and non-compliance with injunctions issued in 2017* Background For the record, the Autorité de la concurrence had cleared the takeover of SFR (...)

The Irish Competition Authority conditionally clears the merger between two supermarket chain companies subject to legally binding commitments (Tesco / Joyce)
Irish Competition Authority (Dublin)
Ireland 104 contributions 16640 visits
CCPC requires binding commitments to clear Tesco Ireland’s proposed acquisition of Joyce’s Supermarkets* The Competition and Consumer Protection Commission (CCPC) has cleared, subject to a number of legally binding commitments, the proposed acquisition by Tesco Ireland Limited (Tesco) of (...)

The Finnish Competition Authority conditionally approves a merger between a manufacturer and a wholesale operator in the food service procurements sector (Valio / Heinon Tukku)
Finnish Competition and Consumer Authority (Helsinki)
Finland 74 contributions 12509 visits
The FCCA conditionally approves the merger between Valio and Heinon Tukku* The Finnish Competition and Consumer Authority (FCCA) approved the merger in which Valio Oy will purchase Heinon Tukku Oy on 30 June 2021. A precondition for approving the merger is that Valio undertakes to protect (...)

The EU Commission conditionally clears an acquisition between two global developers and suppliers of veterinary pharmaceuticals (Elanco Animal Health / Bayer Animal Health)
Van Bael & Bellis (Brussels)
Belgium 40 contributions 10009 visits
On 8 June 2020, the Commission announced its conditional clearance of Elanco’s purchase of Bayer’s animal health division (“BAH”). Both Elanco and BAH are global developers and suppliers of veterinary pharmaceuticals, and the transaction will establish the largest animal health company (...)

The UK Competition Authority consults on commitments offered by two major airlines in the Atlantic Joint Business Agreement to resolve competition concerns over airline routes with consideration for the effects of COVID-19 pandemic (American Airlines / British Airways)
UK Competition & Markets Authority - CMA (London)
United Kingdom 407 contributions 100927 visits
CMA consults on BA and American Airlines commitments* British Airways and American Airlines have offered commitments to resolve the CMA’s competition concerns over an agreement about airline routes between the UK and US. The airlines will make slots available at London Heathrow or Gatwick (...)

The French Competition Authority publishes its adaptation of the time limits and procedures during the COVID-19 outbreak
French Competition Authority (Paris)
France 747 contributions 408213 visits
Adaptation of the time limits and procedures of the Autorité de la concurrence in times of health emergency* Background The Autorité specifies to businesses how the rules regarding deadlines and procedures will be adapted due to the state of health emergency. Following the adoption of (...)

The US DoJ reaches a settlement with two companies breaking up their joint venture and uses disgorgment remedy in the tour bus market (Coach USA / City Sights / Twin America)
McDermott Will & Emery (Washington)
United States 34 contributions 6771 visits
The U.S. Department of Justice (DOJ) recently reached a settlement with Coach USA Inc. and City Sights LLC, breaking up their joint venture. The DOJ also employed the rarely used remedy of disgorgement to recover $7.5 million in profits from the defendants. This case demonstrates the (...)

State Aid

 The EU Commission approves an award of slots at the Paris-Orly airport to a low-cost airline company in the context of its competitor’s recapitalisation due to the COVID-19 pandemic (Vueling / Air France)
European Commission - DG COMP (Brussels)
Belgium 1361 contributions 2922166 visits
State aid: Commission approves award of slots at Paris-Orly airport to Vueling in context of Air France’s recapitalisation* The European Commission has ranked Vueling first among the air carriers that have applied for the portfolio of up to 18 daily slots at Paris-Orly airport. These will be (...)

The EU General Court upholds the Commission’s decision to approve a restructuring aid given to a financial institution conditional on divestment of public shareholdings (Westfälisch-Lippischer Sparkassen-und Giroverband / Commission)
Maastricht University (Maastricht)
Belgium 357 contributions 66532 visits
* Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

Procedures

 The French Constitutional Council upholds the constitutional right to appeal the Competition Authority’s decision to reject commitments in antitrust proceedings (Sony)
Cleary Gottlieb Steen & Hamilton (Paris)
France 2 contributions 159 visits
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Cleary Gottlieb Steen & Hamilton (Paris)
France 1 contribution 88 visits
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Cleary Gottlieb Steen & Hamilton (Brussels)
Belgium 1 contribution 88 visits
The French Conseil Constitutionnel Decides in Favour of Constitutional Right of Appeal of FCA’s Decisions Rejecting Commitments During Antitrust Proceedings* On February 10, 2023, the French Constitutional Council (“Conseil constitutionnel”) considered that the second sentence of Article L. (...)

The Turkish Constitutional Court partially annuls and partially upholds a complaint challenging 2020 amendments to the Competition Law updating the Competition Authority’s powers related to imposing structural remedies and carrying out dawn raids
ACTECON (Istanbul)
Turkey 13 contributions 1862 visits
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ACTECON (Istanbul)
Turkey 12 contributions 2919 visits
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ACTECON (Istanbul)
Turkey 6 contributions 712 visits
The Constitutional Court of Turkey (the “Court”) delivered a judgment on 9 November 2022 regarding the action for an annulment application made by the 137 members of the Grand National Assembly of Turkey against amendments introduced in 2020 to various articles of Law No. 4054 on the (...)

The Australian Federal Court orders an ice cream manufacturer and distributor to pay $12M in penalties for its anti-competitive conduct in relation to the distribution of ice creams sold in petrol stations and convenience stores (Peters Ice Cream)
Australian Competition and Consumer Commission (Canberra)
Australia 397 contributions 84198 visits
Peters Ice Cream to pay $12 million penalty for anti-competitive exclusive dealing* The Federal Court has ordered that Australasian Food Group, trading as Peters Ice Cream, pay a $12 million penalty for anti-competitive conduct in relation to the distribution of ice creams sold in petrol (...)

The US Court of Appeals for the Sixth Circuit questions the implications of "Certificate of Need" laws for market competition (Tiwari / Friedlander)
Sheppard Mullin (Century City)
United States 9 contributions 1815 visits
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Sheppard Mullin (Washington)
United States 4 contributions 919 visits
Sixth Circuit Questions Efficacy of State “Certificate of Need” Laws, Question Whether Reduces Competition The Sixth Circuit Court of Appeal recently voiced skepticism of Kentucky’s Certificate of Need (“CON”) laws while simultaneously ruling that they met the Fourteenth Amendment’s (...)

The UK Competition Appeal Tribunal grants its first collective proceedings order in a class action (Merricks / Mastercard)
Skadden, Arps, Slate, Meagher & Flom (London)
United Kingdom 4 contributions 549 visits
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 61 contributions 27511 visits
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Skadden, Arps, Slate, Meagher & Flom (London)
United Kingdom 8 contributions 3692 visits
After protracted challenges to class certification status, in Merricks v Mastercard the U.K. Competition Appeal Tribunal (CAT) granted its first collective proceedings order (CPO). The claim remains huge, comprising 46.2 million consumers, but Mastercard successfully persuaded the CAT to (...)

The UK Competition Appeal Tribunal approves the first application for a collective proceedings order under the competition class action regime (Merricks / Mastercard)
Herbert Smith Freehills (London)
United Kingdom 45 contributions 9549 visits
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Herbert Smith Freehills (London)
France 12 contributions 3334 visits
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Herbert Smith Freehills (London)
United Kingdom 60 contributions 21580 visits
On 18 August 2021 the Competition Appeal Tribunal (CAT) approved the first application for a collective proceedings order (CPO) under the UK’s competition class action regime introduced in 2015, in Walter Hugh Merricks CBE v Mastercard Incorporated and Others. The application was initially (...)

The Brussels Court of Appeal suspends a Competition Authority’s decision that found an infringement and accepted commitments (Caudalie)
Van Bael & Bellis (Brussels)
Belgium 163 contributions 56017 visits
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Van Bael & Bellis (Brussels)
Belgium 43 contributions 12011 visits
On 30 June 2021, the Markets Court (Marktenhof / Cour des marchés) of the Court of Appeal of Brussels (Hof van Beroep te Brussel / Cour d’appel de Bruxelles) suspended commitments made binding by the Belgian Competition Authority (Belgische Mededingingsautoriteit / Autorité belge de la (...)

The US Supreme Court holds that the FTC lacks the authority to seek equitable monetary relief in cases brought in federal court under FTC Act Section 13(b) (AMG Capital Management)
Morgan Lewis (Philadelphia)
United States 3 contributions 773 visits
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Morgan Lewis (Washington)
United States 1 contribution 216 visits
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Morgan Lewis (Boston)
United States 4 contributions 1083 visits
In a unanimous 9-0 decision authored by Justice Breyer, the US Supreme Court has held that the Federal Trade Commission (FTC) lacks the authority to seek equitable monetary relief in cases brought in federal court under FTC Act Section 13(b). The Court’s April 22, 2021, decision in AMG Capital (...)

The US Supreme Court decides that the FTC is not authorized to seek monetary relief from defendants in federal court, in consumer fraud and antitrust cases (AMG Capital Management)
Reed Smith (Washington)
United States 1 contribution 178 visits
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Skadden, Arps, Slate, Meagher & Flom (Washington)
United States 17 contributions 2979 visits
Last week, the U.S. Supreme Court decided unanimously in AMG Capital Management, LLC v. FTC that Section 13(b) of the Federal Trade Commission Act of 1914 (FTC Act) does not authorize the Federal Trade Commission (FTC) to seek monetary relief from defendants in federal court. We had (...)

The US Supreme Court unanimously holds that FTC Act Section 13(b) does not authorize equitable monetary relief (AMG Capital Management)
Baker Botts (New York)
United States 1 contribution 196 visits
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Baker Botts (Washington)
United States 22 contributions 19154 visits
This morning, the Supreme Court issued a unanimous ruling in AMG Capital Management, LLC v. FTC, finding that Section 13(b) of the FTC Act does not authorize the Commission to seek, or a court to award, equitable monetary relief such as restitution or disgorgement. 539 U.S. ___ (2021), Slip (...)

The US Supreme Court rules that the FTC does not have authority under Section 13(b) of the FTC Act to seek disgorgement or restitution from defendants (AMG Capital Management)
Dechert (Washington)
United States 1 contribution 211 visits
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Dechert (Washington)
United States 15 contributions 2905 visits
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Dechert (Philadelphia)
United States 6 contributions 1955 visits
The Supreme Court has ruled that the Federal Trade Commission (FTC) does not have authority under Section 13(b) of the FTC Act to seek disgorgement or restitution from defendants. The agency has increasingly relied on this authority to seek monetary penalties from defendants in antitrust (...)

The US Supreme Court holds that Section 13(b) of the FTC Act does not authorize the Federal Trade Commission to seek, or a court to award, equitable monetary relief such as restitution or disgorgement (AMG Capital Management)
Cleary Gottlieb Steen & Hamilton (Washington)
United States 12 contributions 23581 visits
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Cleary Gottlieb Steen & Hamilton (Washington)
United States 5 contributions 1061 visits
On April 22, 2021, the Supreme Court unanimously held that section 13(b) of the Federal Trade Commission Act - which authorizes “a permanent injunction”- does not authorize the Federal Trade Commission to seek, or a court to award, equitable monetary relief such as restitution or disgorgement. (...)

The US Supreme Court rules that the FTC is unauthorized to seek monetary damages in antitrust cases (AMG Capital Management)
Bona Law (San Diego)
United States 22 contributions 3703 visits
The Federal Trade Commission and its Ability to Seek Restitution or Disgorgement Remedies* The US Supreme Court in AMG Capital Management, LLC v. Federal Trade Commission ends, at least for now, the FTC’s habit of seeking monetary damages in court as part of requests for equitable relief. (...)

The US Supreme Court blocks the FTC from obtaining monetary remedies in most antitrust and consumer protection cases (AMG Capital Management)
Jones Day (Miami)
United States 2 contributions 409 visits
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Jones Day (Washington)
United States 2 contributions 993 visits
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Jones Day (Washington)
United States 2 contributions 786 visits
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The Supreme Court ruled unanimously in AMG Capital Management v. FTC that Federal Trade Commission Act ("FTCA") Section 13(b) does not authorize the FTC to obtain monetary remedies such as restitution or disgorgement. The Court’s decision is a significant setback for the FTC, particularly in (...)

The Turkish Competition Authority rejects an application concerning the commitment procedure for the first time
ACTECON (Istanbul)
Turkey 13 contributions 1862 visits
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ACTECON (Istanbul)
Turkey 12 contributions 2919 visits
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ACTECON (Istanbul)
Turkey 2 contributions 443 visits
On 28.08.2020, The Turkish Competition Authority (“TCA”) rejected an application with respect to the newly introduced commitment procedure for the first time via its decision numbered 20-36/485-212. (“Rejection Decision”). This decision is of particular importance since it sets out details (...)

The Chinese Competition Authority publishes anti-monopoly guidelines on leniency and commitments
Jones Day (Shanghai)
China 51 contributions 24083 visits
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Jones Day (Beijing)
China 44 contributions 21065 visits
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Jones Day (Beijing)
China 13 contributions 2668 visits
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The Anti-Monopoly Bureau of China’s State Administration for Market Regulation (“SAMR”) released four sets of long-awaited anti-monopoly guidelines. This White Paper addresses the Guidelines on Application of Leniency Program in Horizontal Monopoly Agreement Cases and the Guidelines on (...)

The Chinese State Administration for Market Regulation publishes anti-monopoly guidelines on leniency and commitments
Jones Day (Shanghai)
China 51 contributions 24083 visits
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Jones Day (Beijing)
China 44 contributions 21065 visits
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Jones Day (Beijing)
China 13 contributions 2668 visits
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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. The Anti-Monopoly Bureau of China’s State Administration for Market Regulation (“SAMR”) released four sets of long-awaited anti-monopoly guidelines. This White (...)

The Turkish Competition Authority introduces an up-to-date settlement mechanism
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 172 contributions 83627 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 24 contributions 4914 visits
(1) Introduction Law No. 4054 on the Protection of Competition (“Competition Law”) has recently gone through the most comprehensive set of amendments since its initial adoption back in 1994. Law No. 7246 on Amendments to the Law on Protection of Competition (“Amendment Law”), which entered (...)

The Turkish Parliament approves amendments to the national competition law which introduces mechanisms for the selection of cases for the Authority to focus on, a substantive test for merger control, behavioral and structural remedies for anti-competitive conduct and procedural tools
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 172 contributions 83627 visits
After rounds of revisions and failed attempts of enactment over a span of several years, the proposal for an amendment to the Law No. 4054 on Protection of Competition (“Law no. 4054”) (“Amendment Proposal”) has finally been approved by the Turkish parliament, namely the Grand National (...)

The EU Commission launches consultations on ex-ante competition enforcement in platform-based and other industries
Baker Botts (Washington)
United States 22 contributions 19154 visits
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Baker Botts (Brussels)
Belgium 29 contributions 49445 visits
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Baker Botts (Brussels)
Belgium 1 contribution 311 visits
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Recently, the European Commission (“EC”) launched two major public consultations for new legislative tools intended to step up antitrust enforcement in digital and other markets. One consultation relates to a new competition enforcement tool that would allow the EC to pro-actively intervene in (...)

The EU Commission launches a consultation on proposals for a competition tool and the Digital Services Act package
Oxera (London)
United Kingdom 1 contribution 64 visits
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Oxera (London)
United Kingdom 2 contributions 197 visits
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Oxera (London)
United Kingdom 13 contributions 12467 visits
On 2 June 2020, the European Commission launched a consultation on proposals for a new competition tool (NCT) and the Digital Services Act (DSA) package. If enacted, they would represent a significant change in competition enforcement in the EU, and a major step-up in the regulatory rules and (...)

The EU Commission proposes a new competition toolbox targeting structural risks to competition and markets characterised by a structural lack of competition
Court of First Instance of Namur (Namur)
Belgium 224 contributions 47362 visits
In the context of the intense debate about the role of competition policy in an increasingly digital and globalised economy, the European Commission (the “Commission”) has concluded that ensuring the fair functioning of markets may require a more holistic and comprehensive toolbox than that (...)

The EU Commission consults on a new competition tool and signals a road towards a more proactive approach to enforcement
Hausfeld (Amsterdam)
Netherlands 3 contributions 887 visits
Introduction Competition law is one of the cornerstones of the European internal market. Two of the main articles for European Competition Law are 101 TFEU and 102 TFEU, which respectively contain the prohibition on agreements and concerted practices restricting competition (Article 101), (...)

The EU Commission consults stakeholders on a possible competition tool that would allow addressing structural competition problems, such as tipping markets, in a timely and effective manner
European Commission - DG COMP (Brussels)
Belgium 1361 contributions 2922166 visits
Antitrust: Commission consults stakeholders on a possible new competition tool* The European Commission has published today an inception impact assessment as well as an open public consultation inviting comments on exploring the need for a possible new competition tool that would allow (...)

The EU Commission launches consultations on proposals for a New Competition Tool and its Digital Services Act package
Oxera (London)
United Kingdom 2 contributions 190 visits
On 2 June, the European Commission launched consultations on proposals for a New Competition Tool (NCT) and its Digital Services Act package. As an NCT based on a market structure threshold (options 3 and 4 in the Commission’s proposals) would be similar to the UK’s market investigation regime (...)

The Hungarian Competition Authority publishes updates to the collection of its important decisions relating to the Competition Act and to the Consumer Protection Act
Bird & Bird (Budapest)
Hungary 18 contributions 2436 visits
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Bird & Bird (Budapest)
Hungary 16 contributions 2188 visits
The Hungarian Competition Authority (“GVH”) has published updates to the collection of its important decisions relating to the Competition Act (the “Competition Act Collection”) and to the Consumer Protection Act (the “Consumer Protection Collection”), respectively, covering cases closed by (...)

The US DoJ files a motion clarifying certain provisions and extends the consent decree due to violations of the final judgement in the entertainment sector (Ticketmaster)
Wolters Kluwer (Riverwoods)
United States 78 contributions 39128 visits
US MOVES TO MODIFY, EXTEND ANTITRUST CONSENT DECREE WITH LIVE NATION / TICKETMASTER* Consent decree reform has been a hallmark of the Makan Delrahim Antitrust Division. For two years, the head of the Department of Justice Antitrust Division has undertaken efforts to terminate legacy consent (...)

The US Court of Appeals for the Seventh Circuit denies the FTC’s authority to seek restitution (Credit Bureau)
Jones Day (Washington)
United States 17 contributions 14265 visits
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Jones Day (Chicago)
United States 10 contributions 1944 visits
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Jones Day (Chicago)
United States 11 contributions 1548 visits
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In Short The Situation: Overruling its precedent, the United States Court of Appeals for the Seventh Circuit held that the Federal Trade Commission ("FTC") may not seek restitution under FTC Act Section 13(b) because the statute, which permits the FTC to obtain injunctions, does not (...)

The US Court of Appeals for the Seventh Circuit clarifies the means by which the FTC can exercice its enforcement authority without being able to seek any restitution thereafter (Credit Bureau)
Morgan Lewis (Boston)
United States 1 contribution 479 visits
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Morgan Lewis (Philadelphia)
United States 3 contributions 773 visits
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Morgan Lewis (Boston)
United States 4 contributions 1083 visits
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Background In the Credit Bureau Center case, the FTC sued a company and its owner for advertising “free” credit reports without adequately disclosing that consumers would be enrolled in an expensive credit monitoring service on an ongoing basis. The FTC brought its lawsuit under Section (...)

The Indonesian Competition Authority publishes its regulation in the procedure for cases of monopolistic practices and unfair competition
Baker McKenzie (Jakarta)
Indonesia 3 contributions 422 visits
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Baker McKenzie (Jakarta)
Indonesia 4 contributions 493 visits
In mid-April 2019 the Business Competition Supervisory Commission (Indonesian acronym: KPPU) published its Regulation No.1 of 2019 on the Procedure for Cases of Monopolistic Practices and Unfair Competition (Regulation No.1 of 2019), replacing KPPU Regulation No. 1 of 2010 of the same name. (...)

The Supreme Court of India rules that the appellate tribunal was not legally justified in dismissing the appeal of a cartel case (Himmatlal Agrawal / Competition Commission of India)
Vaish Associates Advocates (New Delhi)
India 263 contributions 42906 visits
Supreme Court limits NCLAT’s appellate jurisdiction* The Supreme Court of India in its judgement dated May 18, 2018 in M/s B. Himmatlal Agrawal v. Competition Commission of India, Civil Appeal No. 5029/2018 has set aside the NCLAT’s order and restored the appeal dismissed by the NCLAT. The (...)

The German Competition Authority announces fines of € 110 million cannot be collected from a sausage cartel due to its members using an old legal loophole of internal restructuring (Bell Deutschland)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220081 visits
"Sausage gap" - Further fines amounting to approx. 110 million euros cease to apply because of internal restructuring measures* In the sausage cartel case the Bundeskartellamt has to terminate further proceedings because the companies were able to make use of a legal loophole which existed (...)

The UK Parliament implements the EU antitrust damages directive
Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 13 contributions 3482 visits
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 27 contributions 8822 visits
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 41 contributions 40129 visits
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The Damages Directive seeks to promote private enforcement of EU competition law before national courts across the European Union (the “EU”). The UK Regulations implementing the Directive were laid before Parliament on 20 December 2016 but will not come into force until after they have (...)

The OECD holds a roundtable on competition and sanctions in antitrust cases
OECD - Competition Division (Paris)
France 313 contributions 1435261 visits
Competition authorities have imposed substantial fines for competition law violations over the last few decades. Several common steps are observed in setting fines: (i) determination of basic fine; (ii) adjustments (including aggravating and mitigating circumstances); (iii) comparisons to (...)

The EU Court of Justice accepts the use of "sure refund" good conduct guarantees in public procurement litigation (Star Storage)
University of Bristol - Law School
United Kingdom 92 contributions 25638 visits
ECJ deviates from AG Sharpston’s opinion and accepts use of "sure refund" good conduct guarantees in public procurement litigation (C-439/14 and C-488/14)* In its Judgment of 15 September 2016 in Star Storage, joined cases C-439/14 and C-488/14, EU:C:2016:688, the European Court of Justice (...)

The High Court of Delhi clarifies jurisdictional validity of the Indian Competition Authority over investigations concerning unfair royalty structures charged by telecommunication company (Telefonaktiebolaget Ericsson)
IndusLaw (Delhi)
3 contributions 713 visits
Competition Commission of India (CCI) on the basis of information produced, ordered an investigation over the unfair royalty structures being charged by Ericsson. The jurisdictional validity of this investigation was challenged by Ericsson in the case of Telefonaktiebolaget LM Ericsson v CCI (...)

The Ukrainian Competition Authority adopts recommendations for a new approach to calculating fines for competition law infringements
Arzinger (Kiev)
Ukraine 5 contributions 1148 visits
The Antimonopoly Committee of Ukraine Adopted the Methodology for the Fines Calculation* On 15 September 2015, the Ukrainian competition authority, the Antimonopoly Committee of Ukraine (the AMCU), adopted Recommendations on approaches for calculation of fines for competition law (...)

The EU General Court rejects an action for annulment against the requirement of the Commission to provide a guarantee issued by a bank with a long term credit rating AA as a condition for deferred fines payment (Quimitécnica.com / José de Mello)
University of Bristol - Law School
United Kingdom 92 contributions 25638 visits
Competition infringer: You don’t want the EU Commission as your banker (T-564/10)* In its Judgment in Quimitécnica.com and de Mello v Commission, T-564/10, EU:T:2014:583, the General Court has addressed a rather strange issue concerning the interest rates applicable by the European (...)

The Greek Competition Commission adopts decision defining terms, conditions and procedure for accepting commitments
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220081 visits
Greece: The Competition Commission adopts Decision defining Terms, Conditions and Procedure for accepting Commitments* On 16 April 2014, the Hellenic Competition Commission (HCC) adopted Decision No. 588/2014 defining the terms, conditions and procedure for the acceptance of commitments in (...)

The Irish Competition Authority and National Consumer Agency welcomes the publication of the Competition and Consumer Protection Bill which will merge the two organisations to form the Competition and Consumer Protection Commission
Irish Competition Authority (Dublin)
Ireland 104 contributions 16640 visits
Competition Authority and National Consumer Agency welcome publication of the Competition and Consumer Protection Bill* The Competition Authority and National Consumer Agency today welcomed the publication of the Competition and Consumer Protection Bill which will merge the two organisations (...)

The Canadian Competition Tribunal suspends the registration of the consent agreement between the Commissioner of Competition and a number of e-books publishers until the determination of the application to rescind or amend this agreement (Kobo)
Conzen O’Connor (Toronto)
France 23 contributions 5496 visits
Kobo Obtains Stay of Ebooks Settlement* The ebooks settlement reached between the Competition Bureau and four major ebook publishers has been stayed pending the determination of a challenge brought by ebook retailer Kobo Inc. to the settlement. Kobo argues that its contracts with the four (...)

The Irish Competition Authority publishes its annual report for 2013
Irish Competition Authority (Dublin)
Ireland 104 contributions 16640 visits
Competition Authority publishes 2013 Annual Report* The Competition Authority has today published its Annual Report for 2013. The Authority is the State body responsible for enforcing Irish and European competition law in Ireland. The report summarises the work done by the Authority in (...)

Regulatory

 The Latvian Competition Authority accepts the compliance commitments offered by local government in Jelgava to alleviate competition concerns about the local government’s public procurement (City State of Jelgava / Pilsētsaimniecība)
Latvian Competition Council (Riga)
Latvia 124 contributions 24461 visits
The CC: Local Government of the State City of Jelgava and its institution "Pilsētsaimniecība" commit to promote competition in procurements* The Competition Council (the CC) has concluded a negotiation procedure with the Local Government of the State City of Jelgava and its institution (...)

The Thai Energy Regulatory Commission prescribes new requirements for the transfer of licenses in the energy sector
Tilleke & Gibbins (Thailand)
1 contribution 74 visits
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Tilleke & Gibbins (Thailand)
1 contribution 74 visits
On December 20, 2022, the Notification re: Rules, Procedures, and Conditions on Transfer of Energy Licenses of the Thailand Energy Regulatory Commission (ERC) became effective. The notification sets out the new standard and procedure for transferring licenses for energy industry operation. The (...)

The Australian Competition Authority accepts a telecom’s court-enforceable undertaking to halt a spectrum registration practice which interfered with a rival’s rollout of 5G network (Telstra)
Australian Competition and Consumer Commission (Canberra)
Australia 397 contributions 84198 visits
Telstra undertakes to address 5G competition concerns* The ACCC has accepted a court-enforceable undertaking from Telstra to address competition concerns about Telstra’s registration of radiocommunications sites in low band spectrum that interfered with Optus’ plans to roll out its 5G (...)

The Dutch Competition Authority accepts the commitments made by a telecom operator and a fiber-optic company to lower tariffs for competitors to access their networks (KPN / Glaspoort)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 212 contributions 36510 visits
ACM anticipates savings for Dutch households of up to 200 million euros per year because of fiber-optic arrangements* The Netherlands Authority for Consumers and Markets (ACM) has published a draft decision following recent proposals from Dutch telecom operator KPN and fiber-optic company (...)

The US DoJ, PTO, and NIST publish a joint statement on future approach to standard essential patents and FRAND commitments
International Center for Law & Economics (Portland)
United States 16 contributions 7723 visits
Unpacking the Flawed 2021 Draft USPTO, NIST, & DOJ Policy Statement on Standard-Essential Patents (SEPs)* Responding to a new draft policy statement from the U.S. Patent & Trademark Office (USPTO), the National Institute of Standards and Technology (NIST), and the U.S. Department of (...)

The UK Competition Authority invites views on the commitments proposed by a major national chargepoint operator to pave the way for opening up competition in charging of the electric vehicles sector (Gridserve / Electric Highway)
UK Competition & Markets Authority - CMA (London)
United Kingdom 407 contributions 100927 visits
CMA to open up electric vehicle charging competition on motorways* CMA action is paving the way for greater investment, greater choice, and competition on prices for electric vehicle drivers, by opening up competition in the charging sector. CMA Chief Executive says “Healthy competition is (...)

The EU Commission publishes legislative proposals for the Digital Markets Act and the Digital Services Act to regulate conducts in the digital sector including the power to impose fines
Zepos & Yannopoulos (Athens)
Greece 35 contributions 3725 visits
On 15 December, the European Commission (“Commission”) published its legislative proposals for the Digital Markets Act (“DMA”) and the Digital Services Act (“DSA”). The proposals introduce new ex ante obligations for a wide range of firms active in the digital sphere, as well as significant (...)

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
University College London
Germany 1 contribution 77 visits
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 EU Commission publishes legislative measures to promote a borderless single market for digital services and increase responsibility and accountability for digital platforms
Hausfeld (London)
United Kingdom 20 contributions 5350 visits
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Hausfeld (London)
United Kingdom 8 contributions 2060 visits
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Hausfeld (London)
United Kingdom 2 contributions 352 visits
The draft Digital Services Act (DSA) is one of two legislative measures proposed by the European Commission (Commission) aimed at promoting a borderless single market for digital services and increasing responsibility and accountability for digital platform; the second being the Digital (...)

The EU Commission proposes the new Digital Markets Act to preemptively tackle ’gatekeepers’, bringing along the question whether DMA will be a complement or a substitute of competition law for the digital sector
Spanish Competition Authority (CNMC) (Madrid)
Belgium 14 contributions 12573 visits
This article has been nominated for the 2022 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. The debate on the challenges posed by digital platforms has captured a large share of the attention from the antitrust community in the last years. Large (...)

The EU Commission publishes proposed rules for the regulation of digital services by imposing a series of ex-ante behavioral obligations on entities that are considered ‘gatekeepers’
Hogan Lovells (Brussels)
Belgium 8 contributions 3500 visits
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Hogan Lovells (Brussels)
Belgium 6 contributions 3334 visits
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Hogan Lovells (Brussels)
Belgium 3 contributions 691 visits
The European Commission has today published the long awaited Digital Markets Act proposal. The Proposed Regulation imposes a series of ex ante behavioural obligations on entities that the Commission designates as ‘gatekeepers’. The obligations for those designated platforms and the potential (...)

The EU Commission aims to introduce "traffic lights" for the digital sector by publishing new rules
Loyens & Loeff (Amsterdam)
Netherlands 7 contributions 598 visits
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Loyens & Loeff (Amsterdam)
Netherlands 7 contributions 598 visits
Commission aims to introduce ‘traffic lights’ for the digital sector – Detailed regulation for the digital sector instead of genuine ex ante enforcement* “I’ve been wondering how to give a metaphor because these are two quite complex proposals. And the best thing I came to think of was the (...)

The EU Commission issues the proposed Digital Markets Act aimed to complement antitrust intervention in digital markets with ex-ante regulation in the form of a set of obligations that platforms identified as “gatekeepers” should abide by
Centre for Economic Policy Research (CEPR) (London)
United Kingdom 33 contributions 79215 visits
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European Commission - DG COMP (Brussels)
Belgium 2 contributions 1884 visits
The European Commission Digital Markets Act: A translation* The European Commission has finally issued the proposed Digital Markets Act, its bid to complement antitrust intervention in digital markets with ex-ante regulation in the form of a set of obligations that platforms identified as (...)

The EU Commission works on legislative proposals that would empower it to tackle competition distortions involving foreign government subsidies operating in or entering into the EU’s internal market
Morgan Lewis (Brussels)
United States 10 contributions 4043 visits
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Morgan Lewis (Brussels)
Belgium 6 contributions 2776 visits
The European Commission (EC) is currently working on legislative proposals (the White Paper) that would grant the EC new enforcement powers to address potential competition distortions caused by companies operating in or entering into the EU’s Internal Market, which benefit from subsidies from (...)

The EU Commission adopts a White Paper with proposals for sweeping enforcement powers to address potential distortive effects of foreign subsidies in the EU
Dechert (Brussels)
Belgium 26 contributions 36453 visits
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Dechert (Brussels)
Belgium 3 contributions 2669 visits
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Dechert (Brussels)
Belgium 9 contributions 12382 visits
Background On 17 June 2020, the European Commission (Commission) adopted a White Paper which contains far-reaching proposals for new enforcement powers against companies benefitting from subsidies granted by non-EU countries. While there are already well-developed systems of (...)

The Indian Ministry of Corporate Affairs notifies the draft Competition Bill 2020 which reflects the recommendations made by the Competition Law Review Committee
Shardul Amarchand Mangaldas (New Delhi)
India 63 contributions 18732 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 66 contributions 20776 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 66 contributions 19684 visits
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Last week, the Ministry of Corporate Affairs (MCA) notified the Draft Competition (Amendment) Bill 2020 (Draft Bill). The proposed changes reflect recommendations made by the Competition Law Review Committee (CLRC) in July 2019. Public comments may be made until 6 March 2020. The 49 page Draft (...)

The French Competition Authority publishes a new study on behavioural remedies in competition law
Court of First Instance of Namur (Namur)
Belgium 224 contributions 47362 visits
On 17 January 2019, the French Competition Authority (“FCA”) published a new study on behavioural remedies in competition law. The study is available on the FCA’s web- site in both French and English. The assessment was carried out by comparing behavioural commitments to structural (...)

The French Competition Authority issues a study on behavioural remedies in competition law
French Competition Authority (Paris)
France 747 contributions 408213 visits
The Autorité de la concurrence publishes a new study on Behavioural remedies in competition law* In 2018, together with La Documentation française, the Autorité created a new collection, Les Essentiels, to further understanding of competition. After an initial study on loyalty rebates (...)

The US DoJ and PTO issue a policy statement on standard-essential patents subject to a commitment to license on FRAND terms
Dechert (Washington)
United States 11 contributions 16493 visits
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Orrick, Herrington & Sutcliffe (Washington)
United States 7 contributions 3011 visits
After withdrawing support from a 2013 policy statement on appropriate remedies for standard-essential patents subject to a commitment to license on fair, reasonable and nondiscriminatory terms, the U.S. Department of Justice’s Antitrust Division and the U.S. Patent and Trademark Office, along (...)

The EU Commission Vice-President Margrethe Vestager backs her candidacy after a three-and-a-half-hour hearing in which she fielded questions on her plans to carry out her double role as the Commission’s Executive Vice-president and Competition Chief
Bird & Bird (Brussels)
Belgium 42 contributions 12463 visits
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Bird & Bird (Belgium)
Belgium 3 contributions 280 visits
Five years after winning the support of the European Parliament to become EU Competition Commissioner in the Juncker Commission, the Danish liberal politician Margrethe Vestager has done it again. MEPs backed her candidacy after a three-and-a-half hour hearing on 8th October during which she (...)

The Dutch Competition Authority publishes a discussion paper suggesting ex-ante enforcement tools to deal with competition issues in the digital economy
Bird & Bird (The Hague)
Netherlands 34 contributions 8886 visits
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KPN (Amsterdam)
Netherlands 33 contributions 7330 visits
In May 2019 the Dutch State Secretary of Economic Affairs & Climate (’Ministry’) stated that she will plead in Europe for a new competence in European competition enforcement to keep digital markets accessible. One of her suggestions is to enable the competition authority to intervene in (...)

The US Assistant Attorney General Delrahim announces changes to the Justice Manual designed to incentivise antitrust compliance programs
Baker Botts (Washington)
United States 1 contribution 168 visits
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US Federal Trade Commission (FTC) (Washington)
United States 1 contribution 168 visits
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LCLD Leadership Council on Legal Diversity (Washington)
United States 3 contributions 1090 visits
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On July 11, 2019, Assistant Attorney General Makan Delrahim announced changes to the Justice Manual designed to incentivize the implementation and use of antitrust compliance programs. Chief among these changes is a reversal of the Antitrust Division’s longstanding policy of refusing to (...)

The OECD holds a roundtable on the licensing of IP rights and competition law
OECD - Competition Division (Paris)
France 313 contributions 1435261 visits
IP rights, which create temporary exclusive rights that protect investments in research and some creative activities, have taken on an increasingly prominent and extensive role in economic activity – and in market competition as well. As the economy digitalises and the importance of intangible (...)

The Japan Anti-Monopoly Act grants new powers to the Japanese Fair Trade Commission when accepting voluntary commitments from companies suspected of having infringed the Act
Freshfields Bruckhaus Deringer (Tokyo)
Japan 2 contributions 235 visits
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Freshfields Bruckhaus Deringer (Tokyo)
Japan 5 contributions 626 visits
Recent amendments to Japan’s Anti-Monopoly Act (AMA) that came into effect on 1 January 2019 give the country’s competition regulator, the Japan Fair Trade Commission (JFTC), powers to accept voluntary commitments from companies suspected of having infringed the AMA. This will allow the JFTC (...)

The UK Competition Authority releases a market study in which it proposes reforms to improve competition in the audit sector
UK Competition & Markets Authority - CMA (London)
United Kingdom 407 contributions 100927 visits
CMA proposes reforms to improve competition in audit sector* Improvements to the independence and the quality of audits are the focus of the CMA’s market study update. The Competition and Markets Authority (CMA) has published an update paper outlining serious competition concerns and (...)

The Hungarian Competition Authority closes an investigation into a Big Tech company’s ad personalization and chat data processing subject to commitments (Google / Allo)
Hungarian Competition Authority (Budapest)
Hungary 94 contributions 19708 visits
Competition Proceeding against Google is closed with Commitment Decision* The Hungarian Competition Authority (Gazdasági Versenyhivatal – GVH) investigated the communications practices of Google LLC (Google) in relation to its ‘Internet and applications’ services ‘personalisation of (...)