Consumer protection

Foreword Consumer protection & Competition policy: An overview of EU and national case law

This contribution explores how the role of consumer protection evolved in selected areas of EU and national competition law in the past years from two perspectives: (1) consumers as the object of protection in competition cases and (2) consumers as the benchmark for assessing anticompetitive effects. While the first issue concerns the position of consumers as beneficiaries of the competition rules, the second issue refers to the range of consumers that is considered for establishing whether anticompetitive effects and thus a competition violation exists.

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Tilburg University – TILT & TILEC
Netherlands 4 contributions 5674 visits

General antitrust

 The US FTC issues final annual report which highlights the FTC’s accomplishments in promoting competition and protecting consumers in the relevant fiscal year
US Federal Trade Commission (FTC) (Washington)
États-Unis 184 contributions 47046 visites
FTC Issues Agency Financial Report for Fiscal Year 2023* The Federal Trade Commission issued its Fiscal Year 2023 Agency Financial Report. The report highlights the FTC’s accomplishments in protecting consumers and promoting competition and reaffirms the agency’s commitment to responsible (...)

The Irish Competition Authority publishes its strategy statement for the upcoming years
Irish Competition Authority (Dublin)
Ireland 104 contributions 16756 visits
CCPC publishes Strategy Statement 2024-2026* The Competition and Consumer Protection Commission (CCPC) has published its Strategy Statement 2024-2026. The Strategy Statement sets out a high-level framework that will enable the CCPC to continue its work in delivering tangible, relevant and (...)

The Belgian Competition Authority publishes its advice on the retail banking sector
Belgian Competition Authority (Brussels)
Belgique 122 contributions 24508 visites
The Belgian Competition Authority publishes its advice on the retail banking sector* The Belgian Competition Authority ("BCA") has issued an advice (“Advice”) in response to a request from Deputy Prime Minister and Minister for the Economy and Labour Pierre-Yves Dermagne, to assess a (...)

The US FTC and DoJ collaborate with G7 Competition Authorities to discuss competition law enforcement in digital markets
US Federal Trade Commission (FTC) (Washington)
États-Unis 184 contributions 47046 visites
FTC, DOJ Meet with G7 Enforcement Partners to Discuss Competition in Digital Markets* The Federal Trade Commission and Justice Department’s Antitrust Division participated in the G7 Competition Authorities and Policymakers’ Summit today to discuss how members are addressing competition (...)

The Dutch Competition Authority launches a market study into the functioning of the domestic savings market
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 212 contributions 36841 visits
ACM launches market study into the functioning of the Dutch savings market* The Netherlands Authority for Consumers and Markets (ACM) has launched a broad market study into the functioning of the Dutch savings market. Consumers that put money aside benefit from savings account rates that are (...)

The US FTC raises AI-related competition and consumer protection issues in a comment submitted to Copyright Office and stresses that AI-based business models may constitute unfair methods of competition, unfair or deceptive practices, and may harm consumers’ privacy
US Federal Trade Commission (FTC) (Washington)
États-Unis 184 contributions 47046 visites
In Comment Submitted to U.S. Copyright Office, FTC Raises AI-related Competition and Consumer Protection Issues, Stressing That It Will Use Its Authority to Protect Competition and Consumers in AI Markets* AI has the potential to ‘turbocharge’ schemes and deceptive practices, FTC contends (...)

The US FTC submits a comment to the Copyright Office to highlight competition and consumer protection concerns in the development and use of AI
Hogan Lovells (Washington)
United States 19 contributions 7867 visits
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Hogan Lovells (Washington)
United States 10 contributions 3536 visits
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Hogan Lovells (Washington)
United States 2 contributions 413 visits
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The U.S. Federal Trade Commission (FTC) staked out its role in policing the potential competition and consumer protection implications of generative AI technologies’ use of copyrighted materials in comments submitted in the U.S. Copyright Office’s proceeding on AI and copyright. The proceeding (...)

The South African Competition Commission launches a media and digital platforms market inquiry and publishes a statement of issues
ENSafrica (Johannesburg)
South Africa 2 contributions 943 visits
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ENSafrica (Johannesburg)
South Africa 2 contributions 943 visits
Media and Digital Platforms Market Inquiry: South African Competition Commission Publishes Statement of Issues* On 17 October 2023, the Competition Commission launched the Media and Digital Platforms Market Inquiry (the “MDPMI” or “Inquiry”) and also published the Statement of Issues. The (...)

The UK Competition Authority launches an investigation into the cloud services market
Morgan Lewis (London)
United Kingdom 6 contributions 2427 visits
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Morgan Lewis (London)
United Kingdom 27 contributions 10139 visits
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Morgan Lewis (London)
United Kingdom 1 contribution 36 visits
The UK Competition Authority launches market investigation into cloud services Following the UK Office of Communications’ (Ofcom’s) report on the supply of cloud services in the United Kingdom, in which it identified a concern that certain market features may negatively impact competition, (...)

The UK Competition Authority launches market investigation into cloud services
UK Competition & Markets Authority - CMA (London)
Royaume-Uni 410 contributions 105135 visites
CMA launches market investigation into cloud services* Following Ofcom’s referral, the CMA is launching a market investigation into the supply of public cloud infrastructure services in the UK. Ofcom has today referred the public cloud infrastructure services market to the Competition and (...)

The UK Competition Authority publishes a report and proposes principles to guide competitive AI markets and protect consumers
UK Competition & Markets Authority - CMA (London)
Royaume-Uni 410 contributions 105135 visites
Proposed principles to guide competitive AI markets and protect consumers* CMA publishes report and proposed principles following review of foundation models The Competition and Markets Authority (CMA) has today published a report following its initial review of foundation models (FMs) and (...)

The Indian Competition Authority publishes a background note on the draft competition law which introduces new merger thresholds and intermediate time limit for the Competition Authority to form a prima facie opinion
Indian Competition Commission (New Delhi)
India 15 contributions 1521 visits
BACKGROUND NOTE: DRAFT CCI (COMBINATIONS) REGULATIONS, 2023* The Competition Act, 2002 (Act) aims to prevent practices having adverse effect on competition, to promote and sustain competition in markets, to protect the interests of consumers and to ensure the freedom of trade carried on by (...)

The Irish Competition Authority publishes its annual report detailing the Authority’s ongoing market surveillance and enforcement activities alongside its programme of consumer and business information campaigns
Irish Competition Authority (Dublin)
Ireland 104 contributions 16756 visits
CCPC publishes 2022 Annual Report* The Competition and Consumer Protection Commission (CCPC) has launched its 2022 Annual Report, detailing the CCPC’s ongoing market surveillance and enforcement activities alongside its programme of consumer and business information campaigns. The CCPC’s (...)

The UK Competition Authority and Information Commissioner’s Office publish a joint paper which explores how online choice architecture practices can undermine consumer choice and control over personal information
Holman Fenwick Willan (London)
United Kingdom 3 contributions 4274 visits
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Holman Fenwick Willan (London)
United Kingdom 1 contribution 90 visits
HARMFUL DESIGN IN DIGITAL MARKETS* On 9 August 2023, the UK’s Information Commissioner’s Office (ICO) and the Competition and Markets Authority (CMA) published a joint position paper discussing harmful design in digital markets. The paper, which was accompanied by a joint blog post between (...)

The UK Competition Authority and Information Commissioner’s Office publish a joint paper on online choice architecture which summarises the concerns over the use of potentially harmful online choice architecture with a particular focus on data collection
Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 14 contributions 3352 visits
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 5 contributions 2170 visits
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 1 contribution 851 visits
CMA and ICO Issue Joint Paper on Online Choice Architecture* On 9 August 2023, the Competition and Markets Authority (CMA) and Information Commissioner’s Office (ICO) published a joint position paper on online choice architecture (OCA), titled “Harmful design in digital markets: How Online (...)

The EU Commission acknowledges a privacy lobbyist as an interested third party in its review of a Big Tech merger (Amazon / iRobot)
Hausfeld (London)
United Kingdom 5 contributions 1812 visits
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Hausfeld (London)
United Kingdom 3 contributions 1195 visits
A legal and technical analysis of the data impacts of the merger carried out by Privacy International (PI) suggests that the merger would threaten competition in and across several potential markets. In its submissions to the EU Commission (EC), which granted it interested third party status (...)

The Australian Competition Authority publishes a report finding that an increasingly concentrated airline industry has led to high prices and worse service for consumers
Australian Competition and Consumer Commission (Canberra)
Australie 400 contributions 84829 visites
Domestic airline competition at a critical juncture* A lack of effective competition in Australia’s domestic airline industry, which has characterised the industry for decades, has resulted in higher airfares and poorer service for consumers, the ACCC’s final Airline Competition in Australia (...)

The UK Competition Authority publishes its annual plan for 2023/2024 which aims to promote environmental sustainability, support digital markets and effective trading in the country
Van Bael & Bellis (London)
United Kingdom 3 contributions 305 visits
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Van Bael & Bellis (London)
United Kingdom 13 contributions 2297 visits
On 23 March 2023, the UK Competition and Markets Authority published its annual plan for 2023 to 2024 (“Annual Plan”). The Annual Plan outlines the CMA’s areas of focus for the next 12 months (starting 1 April 2023) and, taking on a new approach in this year’s plan, also maps out the (...)

The US Surface Transportation Board approves a merger creating North America’s first continental railway (CP / KCS)
Journal of Parliamentary and Political Law (Ottawa)
51 contributions 21461 visits
Introduction The CPR locomotive (‘CP’) has finally arrived at the train station. The destination of this railway is no longer unknown after the US Surface Transportation Board (‘STB’ or ‘board’) approved its merger proposal on 15 March 2023 with Kansas City Southern railway (‘KCS’). This (...)

The Australian Government announces new amendments to the national Treasury Laws which provide landmark reform to the unfair contract terms regime
White & Case (Sydney)
Australie 5 contributions 1099 visites
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White & Case (Sydney)
Australie 4 contributions 1045 visites
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White & Case (Sydney)
Australie 3 contributions 728 visites
Many Australian businesses have determined the upcoming changes to the unfair contracts regime to be a low risk on the basis that they do not deal directly with consumers or that the businesses they deal with are not sufficiently small to be subject to the regime. The compliance risk of (...)

The Australian Competition Authority announces new compliance and enforcement priorities geared towards promoting competitive markets and protecting consumers in response to current economic challenges
White & Case (Sydney)
Australie 5 contributions 1099 visites
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White & Case (Sydney)
Australie 4 contributions 1045 visites
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White & Case (Sydney)
Australie 3 contributions 728 visites
The Australian Competition and Consumer Commission (ACCC) announced its 2023-24 Compliance and Enforcement Priorities this week. The priorities are weighted towards protecting consumers in a year characterised by inflationary pressures, particularly with respect to essential services, the (...)

The Australian Competition Authority commits to increasing scrutiny of digital payment systems
Australian Competition and Consumer Commission (Canberra)
Australie 400 contributions 84829 visites
ACCC focused on competition issues with shift to digital payments* Competition in payments markets, investigating allegations of anti-competitive conduct, and protecting the interests of consumers will be the focus of the ACCC’s financial services enforcement and policy work over the next (...)

The US FTC launches an inquiry into market concentration in the baby formula market
US Federal Trade Commission (FTC) (Washington)
États-Unis 184 contributions 47046 visites
Federal Trade Commission Launches Inquiry into Infant Formula Crisis* Agency Seeks Public Comment on Attempts to Deceive Families and Factors that May Have Contributed to the Ongoing Shortage of Infant Formula Today, the Federal Trade Commission staff launched an inquiry into the ongoing (...)

The New Zealand Competition Authority says new powers will be used to review fees charged by the two biggest credit and debit card networks with the goal of increasing competition (Mastercard / Visa)
New Zealand Commerce Commission (Wellington)
New Zealand 180 contributions 25432 visits
Mastercard and Visa networks will be initial focus for Commission under new Act* Under the new Retail Payment Systems Act 2022, the Mastercard and Visa credit and debit card networks will be the initial focus of the Commerce Commission’s work to promote competition and efficiency in the (...)

The Australian Competition Authority issues a report examining the operation of general online marketplaces
Australian Competition and Consumer Commission (Canberra)
Australie 400 contributions 84829 visites
Concerning issues for consumers and sellers on online marketplaces An ACCC report examining general online retail marketplaces, such as Amazon Australia, Catch, eBay Australia and Kogan, has highlighted a range of concerns about how they operate as well as the significant benefits they (...)

The UK Department of Business, Energy & Industrial Strategy publishes a response to its consultation setting out plans to introduce significant reforms to national competition and consumer law
Ashurst (London)
United Kingdom 35 contributions 17182 visits
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Ashurst (London)
Royaume-Uni 16 contributions 4261 visites
On 20 April 2022, the Department for Business, Energy & Industrial Strategy (’BEIS’) published a response to its July 2021 consultation ’Reforming competition and consumer policy – Driving growth and delivering competitive markets that work for consumers’ setting out its plan to introduce (...)

The UK Government publishes its response to the consultation proposing a wide range of far-reaching changes to the competition and consumer protection regimes
Herbert Smith Freehills (London)
United Kingdom 45 contributions 9667 visits
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Herbert Smith Freehills (London)
Royaume-Uni 26 contributions 8827 visites
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Herbert Smith Freehills (London)
United Kingdom 60 contributions 21720 visits
On 20 April 2022 the UK government published its response to the consultation launched in July 2021, proposing a wide range of far-reaching changes to the UK competition and consumer protection regimes (see our blog post on the consultation here). Taking into account the feedback received from (...)

The Japanese FTC conducts a market study on credit card transactions and proposes that standard interchange fee rates be disclosed
White & Case (Tokyo)
Japan 21 contributions 3504 visits
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White & Case (Tokyo)
Japan 20 contributions 3404 visits
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White & Case (Tokyo)
Japan 21 contributions 3504 visits
On April 8, 2022, the Japan Fair Trade Commission (’JFTC’) published the Market Survey Report on Credit Card Transactions (’Report’). The JFTC conducted a survey on credit card transactions in order to ascertain disclosure of standard interchange fee rates and to determine whether there are (...)

The German Competition Authority launches sector inquiry into online credit scoring used in the German online retail sector
German Competition Authority (Bonn)
Allemagne 458 contributions 117190 visites
Bundeskartellamt launches sector inquiry into scoring in the online retail sector* The Bundeskartellamt has launched a sector inquiry under consumer protection law into “scoring” practices used in the online retail sector. It deals with retailers’ prac-tices to check consumers’ credit (...)

The EU Parliament and Member States reach an agreement on the final text of the Digital Markets Act
Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 21 contributions 22449 visits
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Cleary Gottlieb Steen & Hamilton (Brussels)
Belgium 3 contributions 1008 visits
On Thursday, March 25, 2022, the European Parliament and EU Member States reached agreement on the final text of the Digital Markets Act (DMA). The DMA marks a paradigm shift in the regulation of digital markets, giving the European Commission unprecedented powers to regulate leading digital (...)

The UK Competition Authority prioritises digital markets and sustainability as key focus areas in its 2022-2023 annual plan
Freshfields Bruckhaus Deringer (London)
United Kingdom 1 contribution 252 visits
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Freshfields Bruckhaus Deringer (London)
United Kingdom 12 contributions 2118 visits
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Freshfields Bruckhaus Deringer (London)
United Kingdom 5 contributions 2373 visits
Digital markets and Sustainability are key focus areas of the CMA’s 2022-2023 Annual Plan* On 24 March 2022, the Competition and Markets Authority (CMA) published its 2022-2023 Annual Plan, setting out the focus areas for the UK’s principal competition and consumer protection regulator. In (...)

The UK Competition Authority finds an acquisition deal between two major cybersecurity companies could reduce competition in cyber safety software options (Avast / NortonLifeLock)
UK Competition & Markets Authority - CMA (London)
Royaume-Uni 410 contributions 105135 visites
CMA finds NortonLifeLock purchase of Avast could reduce competition* The CMA has found that NortonLifeLock’s approximately £6bn purchase of Avast raises competition concerns and may now be referred for an in-depth investigation. NortonLifeLock and Avast both offer cyber safety software to (...)

The Mexican Competition Authority recommends not to approve the constitutional reform initiative in electricity matters due to the risks of affecting consumers and companies
Mexican Competition Authority (Mexico City)
Mexique 140 contributions 30549 visites
Due to the risks of affecting consumers and companies, Cofece recommends not to approve the constitutional reform initiative in electricity matters* The approval of the Initiative would suppress competition in the sector and eliminate the regulation mechanisms that allow its efficient (...)

The Canadian Competition Authority releases new guidelines for consumers to recognize and report online reviews in violation of the Federal Competition Act
Steve Szentesi Law Professional Corporation
France 55 contributions 14691 visits
New Competition Bureau Guidelines for Online Reviews* On March 2, 2022, the Competition Bureau released new guidelinesfor consumers to recognize, reject and report false and misleading online reviews, which can violate the general civil or criminal misleading advertising provisions of the (...)

The International Competition Network publishes findings of its research among members on competition law enforcement at the intersection between competition, consumer protection, and privacy
International Competition Network (ICN)
United States 6 contributions 3030 visits
ICN Steering Group Project – Competition law enforcement at the intersection between competition, consumer protection, and privacy* Task 1: Issues identification Introduction This paper identifies for competition agencies relevant issues at the intersection between competition, consumer (...)

The US FTC issues an order aimed at protecting retail fuel customers following a merger between 2 companies in the energy sector (Global Partners / Richard Wiehl)
US Federal Trade Commission (FTC) (Washington)
États-Unis 184 contributions 47046 visites
FTC Order Protects Retail Fuel Customers Following Global Partners LP’s Acquisition of Wheels* Proposed order preserves competition by requiring divestiture of 7 retail gasoline and diesel stations in Connecticut Global Partners LP and Richard Wiehl have agreed to divest to Petroleum (...)

The Australian Competition Authority releases its latest "Airline Competition in Australia" report which reveals that consumers will benefit from increased competition and cheaper fares on the country’s busiest routes once borders reopen
Australian Competition and Consumer Commission (Canberra)
Australie 400 contributions 84829 visites
Consumers to benefit from increased competition on busiest airline routes* Millions of Australians are set to benefit from increased competition and cheaper airfares on Australia’s busiest routes as state and territory borders reopen and the domestic airline industry prepares for a peak (...)

The US FTC adopts a policy statement outlining its criminal antitrust enforcement efforts and its plans to reinforce inter-agency collaboration and transparency
Skadden, Arps, Slate, Meagher & Flom (New York)
United States 1 contribution 202 visits
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Skadden, Arps, Slate, Meagher & Flom (Washington)
United States 1 contribution 202 visits
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Skadden, Arps, Slate, Meagher & Flom (Washington)
United States 17 contributions 3012 visits
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On November 18, 2021, the Federal Trade Commission (FTC) voted 4-0 to adopt a new policy statement outlining the commission’s plans to expand its criminal referral program in an effort to prevent and deter corporate crime stemming from consumer protection and criminal antitrust misconduct. The (...)

The Taiwanese Competition Authority issues a fine for deceptive trade practices over the use of a competitor’s name in online ads (Easytravel / Agoda)
Baker McKenzie (Taipei)
Taiwan 1 contribution 278 visits
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Baker McKenzie (Taipei)
Taiwan 1 contribution 278 visits
Companies are advised to review their online marketing strategies in light of the new decision and current Taiwan Fair Trade Commission ("TFTC") guidance. TFTC guidance on Article 25 of the Taiwan Fair Trade Law, which addresses deceptive or unfair conduct, states that using a competitor’s (...)

The German Competition Authority publishes interim report on its sector inquiry into messenger and video services
German Competition Authority (Bonn)
Allemagne 458 contributions 117190 visites
Bundeskartellamt publishes interim report on its sector inquiry into messenger and video services* Currently many users are concerned about how safe their personal data are in messenger and video services. Should legislators and authorities ensure the possibility for users to easily (...)

The UK Competition Authority publishes its responses to two Government consultations on reforming competition policy and on adopting a new pro-competition regime for digital markets
UK Competition & Markets Authority - CMA (London)
Royaume-Uni 410 contributions 105135 visites
CMA welcomes government proposals on new powers* The CMA has responded to the government’s proposals to enhance its ability to tackle breaches of competition and consumer law and empower the Digital Markets Unit (DMU). Changes would see the CMA given the power to declare companies in breach (...)

The UK Competition Authority publishes a new Green Claims Code and announces that it will start carrying out a full review of misleading sustainability and environmental claims
White & Case (London)
United Kingdom 27 contributions 13835 visits
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White & Case (Brussels)
Belgium 21 contributions 24852 visits
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White & Case (Brussels)
Belgium 35 contributions 13580 visits
UK clampdown on greenwashing As the importance of sustainability and eco-friendliness grows among consumers worldwide, the UK Competition and Markets Authority (CMA) has concerns that an increasing number of businesses misleadingly market their products and services as environmentally (...)

The EU Commission opens an in-depth investigation following a referral from Austria to assess the proposed acquisition of a company specialized in the supply of customer relationship management software by a Big Tech company (Facebook / Kustomer)
European Commission - DG COMP (Brussels)
Belgique 1368 contributions 2944667 visites
Mergers: Commission opens in-depth investigation into proposed acquisition of Kustomer by Facebook* The European Commission has opened an in-depth investigation to assess the proposed acquisition of Kustomer by Facebook under the EU Merger Regulation. The Commission is concerned that the (...)

The German Competition Authority presents the results of its sector inquiry into mobile apps which examines consumer rights
German Competition Authority (Bonn)
Allemagne 458 contributions 117190 visites
Insufficient consumer protection in mobile apps: Bundeskartellamt identifies problems and proposes possible solutions* The Bundeskartellamt has today presented the results of its sector inquiry into mobile apps to examine consumer rights. Andreas Mundt, President of the Bundeskartellamt: (...)

The New Zealand Competition Authority releases a draft report on competition in the retail grocery sector, finding that competition is not working well, and proposing a number of policy options for improvement
New Zealand Commerce Commission (Wellington)
New Zealand 180 contributions 25432 visits
Commission releases draft report on competition in the retail grocery sector* The Commerce Commission’s draft report into competition in the retail grocery sector has found that competition is not working well for consumers. “If competition was more effective, retailers would face stronger (...)

The Spanish Competition Authority publishes a study on the national online advertising sector
Spanish Competition Authority (CNMC) (Madrid)
Espagne 143 contributions 31825 visites
The CNMC publishes a study on the online advertising sector in Spain* It analyses the competition conditions and warns that there is a high concentration level. It estimates that Google and Facebook absorb more than 70% of the market revenue. It points out risks such as opacity and other (...)

The Australian Competition Authority examines competition and consumer concerns with general online retail marketplaces (eBay / Amazon / Kogan / Catch)
Australian Competition and Consumer Commission (Canberra)
Australie 400 contributions 84829 visites
Competition, consumer issues in general online marketplaces to be examined* The ACCC is examining competition and consumer concerns with general online retail marketplaces such as eBay Australia, Amazon Australia, Kogan and Catch.com.au as part of its inquiry into digital platform services (...)

The UK Government launches a consultation on a wide range of far-reaching changes it is proposing to the UK competition and consumer protection regimes
Herbert Smith Freehills (London)
United Kingdom 45 contributions 9667 visits
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Herbert Smith Freehills (London)
Royaume-Uni 26 contributions 8827 visites
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Herbert Smith Freehills (London)
United Kingdom 60 contributions 21720 visits
On 20 July 2021 the UK government launched a consultation on a wide range of far-reaching changes it is proposing to the UK competition and consumer protection regimes. As a result of Brexit the UK is now in a position to decide, independently from the EU Commission, how it promotes and (...)

The UK Government consults on proposals aimed at improving its competition regime and strengthening its Competition Authority post-COVID-19, including updates to merger review, investigation tools, interim measures, fines and more direct intervention in consumer protection
Hogan Lovells (London)
United Kingdom 14 contributions 4596 visits
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Hogan Lovells (London)
United Kingdom 7 contributions 3526 visits
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Associated British Foods (London)
United Kingdom 2 contributions 469 visits
On 20 July 2021, the government launched a consultation containing substantial proposals that could herald the most important reform of the UK competition regime in 25 years (the consultation). The proposals follow multiple reports and papers and, if they survive the consultation process, (...)

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)
Belgique 32 contributions 38729 visites
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 27 contributions 8949 visits
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 3 contributions 491 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 US FTC announces a series of new reviews scheduled for 2022 regarding its key guides and rules
McDermott Will & Emery (Washington)
United States 3 contributions 1205 visits
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2 contributions 272 visits
The US Federal Trade Commission (FTC) has announced a series of new reviews scheduled for 2022 regarding key FTC guides and rules. Consumer-facing businesses should pay close attention to these reviews. While FTC reviews are periodic and can be routine, they can also result in fundamental (...)

The Dutch Competition Authority carries out studies into whether consumers and businesses could benefit from better price-quality ratios for their broadband, television, fixed telephony and data connections
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 212 contributions 36841 visits
ACM explores regulation of access to telecom networks* Over the past few months, the Netherlands Authority for Consumers and Markets (ACM) has carried out studies into whether consumers and businesses could benefit from better price-quality ratios for their broadband, television, fixed (...)

The UK Competition Authority consults the Government to replace the Retained Vertical Agreements Block Exemption Regulation with new Vertical Agreements Block Exemption Order
Covington & Burling (London)
United Kingdom 16 contributions 4073 visits
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Covington & Burling (London)
United Kingdom 5 contributions 2092 visits
The Competition and Markets Authority (“CMA”) is consulting on its proposed recommendation to the Secretary of State for Business, Energy and Industrial Strategy to replace the retained Vertical Agreements Block Exemption Regulation (“retained VABER”) with a new UK Vertical Agreements Block (...)

The Finnish Competition Authority publishes a study demonstrating that expanding the obligation to notify mergers would create significant consumer benefit
Finnish Competition and Consumer Authority (Helsinki)
Finland 75 contributions 12657 visits
FCCA study: Expanding the obligation to notify mergers would create significant consumer benefit* Study by the Finnish Competition and Consumer Authority shows that the current national turnover thresholds allow harmful merges to escape the scrutiny of the authority. The study shows that the (...)

The EU Commission publishes a preliminary report setting out the initial findings of its sector inquiry into the consumer Internet of Things
White & Case (Brussels)
Belgium 39 contributions 66280 visits
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White & Case (Brussels)
Belgium 35 contributions 13580 visits
On 9 June 2021, the European Commission (EC) published a Preliminary Report setting out the initial findings of its sector inquiry into the consumer Internet of Things (“IoT”). The consumer IoT sector encompasses services, devices and technologies that support the interaction of consumers with (...)

The EU Commission publishes the initial findings of its inquiry into consumer Internet of Things sector inquiry page contents
European Commission - DG COMP (Brussels)
Belgium 1368 contributions 2944667 visits
Antitrust: Commission publishes initial findings of consumer Internet of Things sector inquiry Page contents* The European Commission has published today the preliminary results of its competition sector inquiry into markets for consumer Internet of Things (IoT) related products and services (...)

The Czech Competition Authority initiates a sector inquiry in the pharmaceutical products market
Bird & Bird (Prague)
Czech Republic 25 contributions 4475 visits
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Dentons (Prague)
Czech Republic 14 contributions 3331 visits
In recent years, there has been an increase in the number of complaints from competitors in the pharmaceutical sector, associations of pharmaceutical companies and the public, especially in relation to the distribution of medicines. The pharmaceutical sector was also subject to changes both at (...)

The Mexican Competition Authority initiates an investigation into the competition conditions in the national distribution of liquefied petroleum gas
Mexican Competition Authority (Mexico City)
Mexico 140 contributions 30548 visits
COFECE initiates an investigation to determine the existence of competition conditions in the distribution of liquefied petroleum gas at the national level* Shall the absence of effective competition conditions be detected, the Energy Regulatory Commission, as authority of the sector, could (...)

The UK Competition Authority publishes draft guidance designed to help businesses understand and comply with their existing legal obligations under consumer protection law after its in-depth market investigation regarding environmental claims
Bird & Bird (London)
United Kingdom 19 contributions 3560 visits
Sustainability (or environmental) claims are increasingly part of the purchasing experience for consumers. Such claims can be made in the context of advertising, on product labels and within accompanying product information such as e-newsletters. Sustainability claims will typically state that (...)

The US Senate Judiciary Committee approves new HSR filing fees for large mergers and would require them to be adjusted annually based on changes in the consumer price index
Sheppard Mullin (Los Angeles)
United States 13 contributions 2258 visits
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Sheppard Mullin (Washington)
United States 12 contributions 2014 visits
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Sheppard Mullin (Washington)
United States 12 contributions 2172 visits
HSR Filing Fees For Large Acquisitions May Be Increased* On May 13th, the Senate Judiciary Committee approved and sent on to the full Senate the “Merger Filing Fee Modernization Act of 2021.” The Bill, sponsored by Senators Amy Klobuchar and Chuck Grassley, and approved with bipartisan (...)

The Turkish Competition Authority publishes a preliminary report on the e-marketplace sector inquiry
ACTECON (Istanbul)
Turkey 24 contributions 4175 visits
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ACTECON (Istanbul)
Turkey 19 contributions 3174 visits
Recent developments in digitalization have triggered the Turkish Competition Authority (“TCA”) to scrutinize more closely e-marketplace business models. The TCA has carried out a sector inquiry on e-marketplaces for this purpose and a preliminary report (“Report”) has been published on the (...)

The UK Competition Authority launches its Digital Markets Unit to boost and regulate online competition
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105135 visits
New watchdog to boost online competition launches* A tough new regulator to help make sure tech giants such as Facebook and Google cannot exploit their market dominance to crowd out competition and stifle innovation online has launched. Digital Markets Unit begins work marking major (...)

The UK Competition Authority launches the Digital Markets Unit to introduce, maintain and enforce a code of conduct regulating the provision of digital and online services
Ashurst (London)
United Kingdom 35 contributions 17182 visits
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Ashurst (London)
United Kingdom 22 contributions 4529 visits
On 7 April 2021, the Digital Markets Unit ("DMU") was launched within the Competition and Markets Authority ("CMA"). The DMU will, in the future, be tasked with oversight of the UK’s new digital regulatory regime, with powers and duties enshrined in legislation. Key takeaways The DMU has (...)

The US FTC announces a multilateral working group to build a new approach to pharmaceutical mergers
Skadden, Arps, Slate, Meagher & Flom (New York)
États-Unis 21 contributions 5782 visites
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Skadden, Arps, Slate, Meagher & Flom (New York)
États-Unis 21 contributions 8692 visites
Reform of traditional antitrust enforcement and competition law globally has been an on-going discussion amongst enforcers, politicians, advisors, economic experts, and academics. While conversations pertaining to antitrust reforms have been widely centered around resolving the issues (...)

The Australian Competition Authority seeks feedback from consumers on choice and competition in internet search and web browsers
Australian Competition and Consumer Commission (Canberra)
Australia 400 contributions 84829 visits
Feedback sought on choice and competition in internet search and web browsers* The ACCC is seeking submissions from consumers and industry participants about choice screens, which give users a choice of internet search services on mobiles and tablets, rather than a pre-selected search (...)

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 2433 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 UK Parliament publishes recommendations for a stronger competition and consumer protection regime
Herbert Smith Freehills (London)
United Kingdom 45 contributions 9667 visits
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Simmons & Simmons (London)
United Kingdom 13 contributions 3226 visits
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Herbert Smith Freehills (London)
United Kingdom 60 contributions 21720 visits
On 16 February the UK government published a Report by John Penrose MP, commissioned earlier this year to lead a review on how the UK’s competition regime will need to evolve to meet its policy aims of promoting a dynamic, innovation-driven economy which delivers for consumers and businesses (...)

The UK Parliament publishes an independent report containing proposals to strengthen the competition and consumer law regime
Van Bael & Bellis (London)
United Kingdom 16 contributions 3636 visits
Introduction On 16 February 2021, Conservative member of Parliament (“MP”) John Penrose published his much-anticipated independent report on how the UK’s competition regime can evolve and improve, within the context of economic recovery from Covid-19 and the end of the Brexit transition (...)

The UK Parliament publishes recommendations on how competition law and the consumer protection regime could be improved
Ashurst (London)
United Kingdom 35 contributions 17182 visits
In September 2020, John Penrose MP was commissioned by the UK Chancellor of the Exchequer and the Secretary of State for BEIS to write an independent report on how the UK’s approach to competition and consumer issues could be improved. In particular, the UK Government’s terms of reference (...)

The UK Parliament publishes an independent report by MP John Penrose on the national approach to competition and consumer protection policy highlighting issues related to applied economics
Altman Solon (London)
United Kingdom 1 contribution 212 visits
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Oxera (Oxford)
United Kingdom 1 contribution 212 visits
The Penrose Review investigated the state of competition and consumer protection policy in the UK, as well as economic regulation in network sectors. Some of the consumer protection proposals would be beneficial to consumers; however, others are untested and may have unintended consequences. (...)

The UK Parliament publishes proposals for a radical overhaul of the national competition regime following Brexit
Covington & Burling (London)
United Kingdom 16 contributions 4073 visits
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Covington & Burling (London)
United Kingdom 5 contributions 2092 visits
On 16 February, John Penrose MP published his long-awaited report into the UK’s competition regime. Penrose was tasked by the UK Government with reviewing how the UK’s competition regime can: Play a central role in meeting the challenges of the post COVID-19 economy and in driving recovery. (...)

The UK Parliament publishes an independent report on the state of national competition law
Cleary Gottlieb Steen & Hamilton (London)
Belgique 32 contributions 38729 visites
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 27 contributions 8949 visits
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Gunnercooke (London)
4 contributions 595 visits
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On 16 February 2021, John Penrose MP published an independent report on improving competition and consumer protection in the UK (the Report). It finds that the UK’s competition and consumer regime “has a good reputation, but not a great one”; progress on “cutting the costs of red tape” has (...)

The UK Parliament issues an independent report which calls for streamlining and enhanced legal predictability in the national antitrust regime
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 62 contributions 28813 visits
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 69 contributions 33336 visits
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgique 40 contributions 14353 visites
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Commissioned by the U.K. government to review its antitrust regime, Conservative Member of Parliament John Penrose’s “Power to the People” report proposes streamlined, modest changes rather than wholesale reform to the current regime. The report’s recommendations are outlined below: Merger (...)

The Dutch Competition Authority publishes a study regarding competition risks in relation to paid ranking
European Court of Justice (Luxembourg)
Luxembourg 9 contributions 2009 visits
On 2 February 2021, the Dutch Authority of Consumers and Markets (“ACM”) published a study on paid ranking. Paid ranking is a practice whereby businesses pay online platforms for a better position in search results. The ACM found that paid ranking creates risks for consumers and may even (...)

The UK Competition Authority publishes new research on algorithms showing how they can reduce competition in digital markets
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105135 visits
CMA lifts the lid on impact of algorithms* The CMA has published new research on algorithms, showing how they can reduce competition in digital markets and harm consumers if they are misused. The Competition and Markets Authority (CMA) is now seeking evidence from academics and industry (...)

The UK Competition Authority publishes a report into algorithms and their harm to consumers and competition law
Bird & Bird (London)
United Kingdom 19 contributions 3560 visits
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Bird & Bird (London)
United Kingdom 28 contributions 3669 visits
The impact algorithms continue to have on market dynamics has been under scrutiny by competition authorities around the world in recent years. On 19 January 2021, the CMA published a report, following its investigation into algorithms and their potential harms on competition law. The paper (...)

The UK Competition Authority publishes a paper on the impact of algorithms on competition in digital markets and consumer welfare
Morgan Lewis (London)
United Kingdom 27 contributions 10140 visits
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Morgan Lewis (London)
United Kingdom 28 contributions 16527 visits
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Hausfeld (London)
United Kingdom 5 contributions 1160 visits
The UK’s Competition and Markets Authority (CMA) published a paper on 19 January on the impact of algorithms on competition in digital markets and consumer welfare. The CMA followed up its paper with a call for evidence from market participants, academics, and industry experts, and with a (...)

The Turkish Competition Authority announces its decision to launch a fully-fledged investigation against two Big Tech companies (Facebook / WhatsApp)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 173 contributions 84381 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 22 contributions 5717 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 6 contributions 1322 visits
Introduction The Competition Board recently announced its decision to launch a fully fledged investigation, ex officio, against Facebook Inc, Facebook Ireland Ltd, WhatsApp Inc and WhatsApp LLC (together, ’Facebook’) in order to assess whether they had violated Article 6 of Law 4054 on the (...)

The UK Competition Authority launches the Digital Markets Unit to look into Big Tech firms’ potential anticompetitive practices
Hausfeld (Washington)
United States 2 contributions 255 visits
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Hausfeld (London)
United Kingdom 11 contributions 1674 visits
The UK Government has launched the long-awaited Digital Markets Unit (DMU) to “help make sure tech giants such as Facebook and Google cannot exploit their market dominance.” The DMU, based in the Competition Markets Authority (CMA), kicked off its work in shadow, non-statutory form on 7 April (...)

The UK Government proposes radical reforms to the enforcement of competition law in digital markets with the introduction of the Digital Markets, Competition and Consumers Bill to the Parliament
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105135 visits
New Bill to crack down on rip-offs, protect consumer cash online and boost competition in digital markets* New powers unveiled aimed at boosting competition, clamping down on subscription traps and fake reviews. New powers aimed at boosting competition in digital markets currently dominated (...)

The EU Commission welcomes a political agreement on new rules to ensure fair and open digital markets
European Commission - DG COMP (Brussels)
Belgium 1368 contributions 2944667 visits
Digital Markets Act: Commission welcomes political agreement on rules to ensure fair and open digital markets* The Commission welcomes the swift political agreement reached yesterday between the European Parliament and EU Member States on the Digital Markets Act (DMA). The regulation, (...)

The US FTC submits a comment to the Food and Drug Administration in response to its request for comment regarding a proposed rule on establishing over-the-counter hearing aids
US Federal Trade Commission (FTC) (Washington)
United States 184 contributions 47046 visits
FTC Comment to Food and Drug Administration Supports Agency’s Proposed Rule on Establishing Over-the-Counter Hearing Aids* The Federal Trade Commission staff has submitted a comment to the Food and Drug Administration (FDA) in response to FDA’s request for comment on its proposed rule on (...)

The Indian Government enacts the comprehensive Information Technology Rules providing governance structures for social media and related companies
Indian Institute of Corporate Affairs (Ahmedabad)
India 1 contribution 527 visits
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Auro University (Surat)
India 1 contribution 527 visits
Introduction The Indian Government in February, 2021 enacted the comprehensive Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“Media Code”) providing governance structures for social media and related companies. It encompasses an embargo of (...)

Anticompetitive practices

 The US DoJ welcomes the support of the AGs of Minnesota, California, North Carolina and Tennessee in an ongoing antitrust lawsuit against an agri-tech company for organizing and managing anticompetitive information exchanges among broiler chicken, pork and turkey processors (Agri Stats) Free
US Department of Justice (Washington)
United States 181 contributions 80387 visits
Four States Join Justice Department’s Suit Against Agri Stats for Organizing and Managing Unlawful Information Exchanges Among Chicken, Pork, and Turkey Processors* Today, the Attorneys General of Minnesota, California, North Carolina and Tennessee joined a civil antitrust lawsuit filed by (...)

The German Competition Authority accepts a Big Tech company’s commitment to give its users better control over their data (Google)
German Competition Authority (Bonn)
Germany 458 contributions 117190 visits
Bundeskartellamt gives users of Google services better control over their data* Alphabet Inc., Google’s parent company, gives users better choice as to how Google processes their data according to Commitments undertaken by Google. The Commitments are the result of a proceeding conducted by (...)

The US FTC issues a Civil Investigation Demand to an artificial intelligence company following an investigation into the use and potential of AI technology to promote unfair methods of competition (OpenAI ChatGPT)
Sheppard Mullin (Washington)
United States 2 contributions 313 visits
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Sheppard Mullin (Washington)
United States 7 contributions 1277 visits
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Sheppard Mullin (San Francisco)
United States 1 contribution 205 visits
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AI Under the Antitrust Microscope: Competition Enforcers Focusing on Generative AI from All Angles* As generative AI becomes an increasingly integral part of the modern economy, antitrust and consumer protection agencies continue to raise concerns about the technology’s potential to promote (...)

The UK Competition Authority secures agreements from two supermarkets to stop using unlawful anti-competitive land agreements (Sainsbury’s / Asda)
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105135 visits
CMA action on supermarkets protects competition and choice for shoppers* The Competition and Markets Authority (CMA) has taken action to protect supermarket shoppers by securing agreements from Sainsbury’s and Asda to stop using unlawful anti-competitive land agreements. These unlawful (...)

The US FTC institutes court action against a mobile app company for selling consumer location information (Kochava)
McDermott Will & Emery (Washington)
United States 3 contributions 1205 visits
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McDermott Will & Emery (Boston)
United States 1 contribution 933 visits
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McDermott Will & Emery (Chicago)
United States 1 contribution 933 visits
On August 29, 2022, the Federal Trade Commission (FTC) filed a lawsuit against Kochava, Inc. alleging that Kochava engaged in unfair and deceptive practices by selling the “precise location information” of consumers. This suit comes on the heels of the FTC’s announcement earlier this month (...)

The New Zealand Competition Authority issues warning and puts consumer electronics sector on notice over resale price maintenance
New Zealand Commerce Commission (Wellington)
New Zealand 180 contributions 25432 visits
Commission issues warning, puts consumer electronics sector on notice over resale price maintenance* The Commerce Commission has concluded an investigation into allegations that manufacturers of consumer televisions were engaging in resale price maintenance (RPM), which is illegal. RPM (...)

The UK Competition Authority secures offer of commitments from ferry companies in relation to capacity sharing agreements (P&O Ferries / DFDS)
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105135 visits
CMA secures offer of commitments from P&O Ferries and DFDS* Following a CMA probe, P&O Ferries and DFDS have offered commitments to address concerns that their capacity sharing agreement could lead to higher prices and fewer sailings. In November 2021, the Competition and Markets (...)

The UK Competition Authority warns that cartels exploiting cost-of-living crisis will face action including possible dawn raids
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105135 visits
Cartels exploiting cost-of-living crisis will face action, warns CMA* The CMA’s most senior enforcer has warned that anyone looking to exploit the cost-of-living crisis by forming cartels risk robust enforcement action, including possible dawn raids. In a speech today Michael Grenfell, (...)

The Latvian Competition Authority permits entrepreneurs to make joint purchases of raw materials due to disruptions from sanctions imposed on Russia and Belarus subject to the Authority’s clearance
Latvian Competition Council (Riga)
Lettonie 124 contributions 24640 visites
The CC: Entrepreneurs may agree to jointly purchase raw materials in the event of a shortage of raw materials As a result of the Russian Federation’s military aggression supported by the Republic of Belarus and the associated sanctions imposed on these countries, businesses in several (...)

The UK Competition Authority publishes its decision to fine manufacturers of Hydrocortisone tablets £260 million for excessive pricing relying on a "Cost+" model (Auden Mckenzie / Actavis)
Baker McKenzie (London)
United Kingdom 7 contributions 21443 visits
The CMA’s full text decision in the long-running Hydrocortisone case, originally initiated in 2016 and in which the CMA imposed record fines, is now published and it shows a slight rethink of the CMA’s approach to excessive pricing in the pharma sector. The definition of excessive pricing as (...)

The Portuguese Competition Authority sanctions four supermarket chains for retail price fixing practices (Auchan / Lidl / Modelo / Continente / Pingo Doce)
Portuguese Competition Authority (Lisbon)
Portugal 119 contributions 30248 visits
AdC sanctions Auchan, Lidl, Modelo Continente, Pingo Doce, a supplier of soft drinks and two managers for colluding on prices to the detriment of consumers* The decision The AdC (Portuguese Competition Authority) has sanctioned four supermarket chains – Auchan, Lidl, Modelo Continente and (...)

The EU Commission opens an investigation into possible anticompetitive conduct by Big Tech companies in online display advertising (Google / Meta)
European Commission - DG COMP (Brussels)
Belgium 1368 contributions 2944667 visits
Antitrust: Commission opens investigation into possible anticompetitive conduct by Google and Meta, in online display advertising* The European Commission has opened a formal antitrust investigation to assess whether an agreement between Google and Meta (formerly Facebook) for online (...)

The EU Commission consults on draft guidance on sustainability agreements
Free University of Brussels (ULB)
Belgium 18 contributions 29668 visits
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Ashurst (Brussels)
Belgium 4 contributions 924 visits
On 1 March 2022, the European Commission ("Commission") published its draft revised Horizontal Block Exemption Regulations and Horizontal Guidelines, which include a new chapter on the assessment of sustainability agreements under competition law. The consultation is open until 26 April 2022. (...)

The US DoJ and FBI announce an initiative to deter, detect and prosecute those who would exploit supply chain disruptions to engage in collusive conduct
US Department of Justice (Washington)
United States 181 contributions 80387 visits
Department of Justice Announces Initiative to Protect Americans from Collusive Schemes Amid Supply Chain Disruptions* Initiative Puts Business Community on Notice that the Antitrust Division is Looking Out for Companies that Would Exploit Supply Chain Disruptions to Engage in (...)

The US DoJ announces initiative to protect supply chains from anticompetitive behaviour amid global disruptions and persistent inflation
Skadden, Arps, Slate, Meagher & Flom (New York)
États-Unis 21 contributions 5782 visites
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Skadden, Arps, Slate, Meagher & Flom (New York)
États-Unis 21 contributions 8692 visites
On February 17th, the Department of Justice (DOJ) announced an initiative to protect supply chains from anticompetitive behavior amid global disruptions and persistent inflation. The initiative is yet another example of the Biden Administration’s aggressive approach to antitrust enforcement (...)

The Australian Competition Authority authorises cooperation in the retail goods supply chain for the West and North of the country due to flooding in the South
Australian Competition and Consumer Commission (Canberra)
Australia 400 contributions 84829 visits
ACCC authorises cooperation in retail goods supply chain to WA and NT* The ACCC has granted an urgent interim authorisation permitting the cooperation and sharing of information by companies in the supply chain to ensure critical retail goods, including food supplies, are able to reach (...)

The Australian Competition Authority investigates allegations of excessive pricing and selling practices relating to rapid antigen tests for COVID-19
Australian Competition and Consumer Commission (Canberra)
Australia 400 contributions 84829 visits
Update on action on rapid antigen test pricing* The ACCC is continuing to receive a high number of consumer reports about pricing and selling practices relating to rapid antigen tests in Australia and is investigating several potential Australian Consumer Law breaches. The ACCC has (...)

The German Competition Authority rejects a sustainability agreement in the milk sector as it raises competition concerns
Cleary Gottlieb Steen & Hamilton (Cologne)
Belgium 4 contributions 903 visits
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Evangelische Kirche von Kurhessen-Waldeck
Germany 3 contributions 820 visits
On January 18, 2022, the German Federal Cartel Office (“FCO”) published a press release of its review of two sustainability initiatives (see our blog post here). Only a week later, on January 25, 2022, the FCO provided further guidance for the implementation of sustainability initiatives under (...)

The German Competition Authority rejects the national milk producers’ proposed uniform mark-up system for ensuring a minimum guaranteed income level for all raw milk producers as the conduct amounts to price fixing
Hogan Lovells (Munich)
Germany 65 contributions 25610 visits
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Hogan Lovells (Düsseldorf)
Germany 11 contributions 4288 visits
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Hogan Lovells (Düsseldorf)
Germany 4 contributions 1222 visits
1. Introduction 1.1 Competitor cooperations in pursuit of sustainability and human rights, or to reach broader ESG (Environment – Social – Governance) goals, have become a key element for companies’ global business strategies. In this context, “green competition law”, i.e. the intersection (...)

The Italian Competition Authority imposes fines totaling €10M on four e-commerce businesses for implementing unfair commercial practices during the COVID-19 outbreak (Unieuro / Mediaworld / Leroy Merlin / Monclick)
Italian Competition Authority (Rome)
Italy 72 contributions 19349 visits
ICA: total fines of more than 10 million Euro imposed on Unieuro, Mediaworld, Leroy Merlin and Monclick* The four companies implemented unfair commercial practices in their e-commerce businesses The Italian Competition Authority has closed three proceedings initiated against Unieuro (...)

The US FTC approves a final order requiring a State dental licensing agency to stop unreasonably excluding lower-cost online and teledentistry providers from competing (Alabama Board of Dental Examiners)
US Federal Trade Commission (FTC) (Washington)
United States 184 contributions 47046 visits
FTC Approves Final Order Requiring Alabama Board of Dental Examiners to Stop Unreasonably Excluding Lower Cost Online and Teledentistry Providers from Competing* Following a public comment period, the Federal Trade Commission has approved a final order settling charges that the Alabama Board (...)

The UK Competition Authority provisionally finds that a lighting equipment manufacturer has violated competition law by preventing retailers from offering discounts online (Dar Lighting)
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105135 visits
CMA provisionally finds lighting firm illegally banned discounts* The CMA has provisionally found that Dar Lighting Limited has broken competition law by preventing retailers from offering discounts online. The Competition and Markets Authority (CMA) has issued a Statement of Objections to (...)

The Italian Competition Authority fines two Big Tech companies €10M for commercial use of user data (Google / Apple)
Italian Competition Authority (Rome)
Italy 72 contributions 19349 visits
ICA: $20 million sanctions against Google and Apple for commercial use of user data* The Authority has found two violations of the Consumer Code, one for information deficiencies and another for aggressive practices regarding the acquisition and use of consumer data The Italian (...)

The French Competition Authority states objections to 14 professional organisations and 101 companies in the foodstuff sector for agreeing not to communicate on the presence of Bisphenol A in their products
French Competition Authority (Paris)
France 748 contributions 411154 visits
Bisphenol A in food containers: the general rapporteur indicates having stated objections to 101 companies and 14 professional organisations* The General Rapporteur of the Autorité de la concurrence indicates that objections were stated a few days ago in the manufacture and retail of (...)

The US FTC reaches proposed settlement with a State dental licensing agency regarding charges that it unreasonably excluded lower-cost online and teledentistry providers (Alabama Board of Dental Examiners)
US Federal Trade Commission (FTC) (Washington)
United States 184 contributions 47046 visits
Alabama Board of Dental Examiners Agrees to Settle FTC Charges that It Unreasonably Excluded Lower Cost Online and Teledentistry Providers from Competition* To settle FTC charges that its actions violated the antitrust laws, the Board of Dental Examiners of Alabama has agreed to stop (...)

The US FTC streamlines consumer protection and competition investigations in eight key enforcement areas to enable higher caseload
US Federal Trade Commission (FTC) (Washington)
United States 184 contributions 47046 visits
FTC Streamlines Consumer Protection and Competition Investigations in Eight Key Enforcement Areas to Enable Higher Caseload* Agency to Focus on Service Members and Veterans; Children; Algorithmic and Biometric Bias; Deceptive and Manipulative Conduct on the Internet; and Repair Restrictions; (...)

The US FTC and DoJ issue joint statement to preserve competition in post-hurricane relief efforts
US Federal Trade Commission (FTC) (Washington)
United States 184 contributions 47046 visits
Federal Trade Commission and Justice Department Issue Joint Statement to Preserve Competition in Post-Hurricane Relief Efforts* The Federal Trade Commission and the Department of Justice’s Antitrust Division today issued a joint statement detailing antitrust guidance for businesses taking (...)

The New Zealand High Court fines a container company and its director for attempted collusion with a rival to charge consumers the same booking fee (SCS Christchurch)
New Zealand Commerce Commission (Wellington)
New Zealand 180 contributions 25432 visits
Penalties imposed in container depot price fixing case* The High Court has ordered Specialised Container Services (Christchurch) Limited (SCS Christchurch) and its director Grant Tregurtha to pay penalties in relation to an attempted price fix of “vehicle booking system” fees. The (...)

The UK Competition Appeal Tribunal certifies the first competition class action on behalf of 46 million consumers who suffered loss as a result of anti-competitive interchange fees imposed by a payment company between 1992 and 2008 (Merricks / MasterCard)
Ashurst (London)
United Kingdom 14 contributions 2628 visits
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Ashurst (London)
United Kingdom 14 contributions 2611 visits
On 18 August 2021, the UK’s Competition Appeal Tribunal ("CAT") certified the application by Mr Walter Merricks CBE to bring an opt-out class action on behalf of 46 million UK consumers who suffered loss as a result of anticompetitive interchange fees imposed by Mastercard between 1992 and (...)

The US FTC urges the Federal Reserve Board to require debit card gatekeepers to compete fairly
US Federal Trade Commission (FTC) (Washington)
United States 184 contributions 47046 visits
FTC Urges Federal Reserve Board to Require Debit Card Gatekeepers to Compete Fairly* As mobile and electronic payments become the norm, Commission staff advocate for more competition to protect businesses and families from unfair fees The Federal Trade Commission announced that staff have (...)

The US FTC withdraws from the remaining case against a pharmaceutical company after the Supreme Court decides to strip consumers of relief (AbbVie / Allergan)
US Federal Trade Commission (FTC) (Washington)
United States 184 contributions 47046 visits
Federal Trade Commission Withdraws Remaining Case against AbbVie after Supreme Court Decision Strips Consumers of Relief* After the Supreme Court declined to review a ruling from the Third Circuit that AbbVie used sham litigation to illegally maintain a monopoly, the Federal Trade Commission (...)

The Russian Competition Authority initiates a case against the national postal operator for charging extra to deliver parcels to hard-to-reach places, resulting in ending of the problematic practice (Russian Post)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 57365 visits
Russian Post has violated the antimonopoly legislation* The postal service charged a 100% extra for sending parcels from/to hard-to-reach areas. Earlier, the FAS Russia issued a warning to Russian Post JSC to stop charging such extras. Due to failure to comply with the warning within the (...)

The Spanish Commercial Court of Madrid makes an Article 267 reference to the EU Court of Justice regarding the creation of a new exclusive football league comprising Europe’s top teams (ESLC / UEFA / FIFA)
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 47331 visits
Twelve European football clubs signed on 17 April 2021 a framework agreement to form the European Super League (ESL). The ESL was announced as a major European football tournament in competition with the current UEFA Champions League. According to the Real Madrid president and one of the main (...)

The Czech Competition Authority applies an alternative solution to the potential competition issue related to vertical resale price agreements and customer restriction agreements
Bird & Bird (Prague)
Czech Republic 25 contributions 4475 visits
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Dentons (Prague)
Czech Republic 14 contributions 3331 visits
The Office for the Protection of Competition (Office) recently applied an alternative solution to a potential competition issue related to vertical resale price agreements and customer restriction agreements. Although the Office discovered the existence of the agreements, it did not initiate (...)

The Turkish Competition Authority lunches an investigation against 32 companies for gentlemen’s agreements across the labour market (Yemek Sepeti / Zomato / Commencis...)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 173 contributions 84381 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 5 contributions 2052 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 7 contributions 2421 visits
On April 20, 2021, the Turkish Competition Authority (“Authority”) announced on its website that the Turkish Competition Board (“Board”) had launched a full-fledged investigation against thirty-two undertakings for gentlemen’s agreements in labor markets across Turkey, in order to determine (...)

The Australian Competition Authority authorises a dairy farmers’ organisation to implement a licensing scheme for the use of its logo on qualifying dairy products (Queensland Dairyfarmers’ Organisation)
Australian Competition and Consumer Commission (Canberra)
Australia 400 contributions 84829 visits
ACCC authorises Queensland Dairyfarmers’ Organisation to implement ’Fair Go Dairy’ licensing scheme* The ACCC has authorised the Queensland Dairyfarmers’ Organisation Limited (QDO) to give effect to its proposed ‘Fair Go Dairy’ licensing scheme for five years. Under the scheme, QDO will (...)

The Munich Regional Court issues two preliminary injunctions regarding a cooperation agreement that has the effect of restricting competition on the market for health portals (Google / German Ministry of Health)
Van Bael & Bellis (Brussels)
Belgium 33 contributions 4389 visits
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Van Bael & Bellis (Brussels)
Belgium 62 contributions 15412 visits
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Van Bael & Bellis (Brussels)
Belgium 25 contributions 5096 visits
On 20 January 2021, the Regional Court of Munich I (the “Court”) issued two preliminary injunctions against Google Ireland Ltd. (“Google”) and the Federal Republic of Germany, represented by the German Federal Ministry of Health (“the Ministry”), at the request of health platform NetDoktor.de (...)

The Spanish Competition Authority imposes a €5.76M fine on colluding suppliers of radio-pharmaceuticals equipment (Novartis Groupe France / Advanced Accelerator Applications Ibérica / Glo Holdco / Curium Pharma Spain)
Van Bael & Bellis (Brussels)
Belgium 163 contributions 56767 visits
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Van Bael & Bellis (Brussels)
Belgium 64 contributions 28946 visits
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Van Bael & Bellis (Brussels)
Belgium 63 contributions 28087 visits
The Spanish Competition Authority, the Comisión Nacional de los Mercados y la Competencia (“CNMC”), imposed total fines of € 5,76 million on Novartis Groupe France and its Spanish subsidiary Advanced Accelerator Applications Ibérica, SLU (“AAA”), Glo Holdco and its Spanish subsidiary Curium (...)

The German Competition Authority fines steel forging companies for illegal exchange of information (CDP Bharat Forge / Bharat Forge CDP / Johann Hay Automobiltechnik)
Van Bael & Bellis (Brussels)
Belgium 33 contributions 4389 visits
According to a press release issued on 4 February 2021, the German Federal Cartel Office (“FCO”) fined three steel forging companies and two responsible individuals a total amount of approximately € 35 million for anti-competitive information exchange between October 2002 and December 2018. (...)

The UK Competition Authority warns firms over price-fixing of supplies to disabled students
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105135 visits
CMA warns firms over price-fixing of supplies to disabled students* The CMA has cautioned companies supplying goods and services to disabled university students, following concerns that there may have been price-fixing. The Competition and Markets Authority (CMA) has sent advisory letters (...)

The Australian Competition Authority releases an interim report addressing the lack of competition and transparency in the digital advertising technology market
Australian Competition and Consumer Commission (Canberra)
Australia 400 contributions 84829 visits
Lack of competition in ad tech affecting publishers, advertisers and consumers* A lack of competition and transparency in the digital advertising technology supply chain is impacting publishers, advertisers and consumers and needs to be addressed, according to the interim report for the (...)

The EU Commission imposes fines for companies active in the video games sector for geo-blocking practices (Valve / Bandai Namco / Capcom / Focus Home / Koch Media / ZeniMax)
Allen & Overy (Brussels)
Belgium 28 contributions 3395 visits
One of the final cases resulting from the European Commission’s e-commerce sector enquiry has come to a conclusion. On 20 January 2021, the Directorate-General for Competition fined Valve Corporation, owner of the Steam game distribution platform, and five personal computer (PC) video game (...)

The German Competition Authority includes a third national telecommunications company in the companies’ cooperation agreements on eliminating grey zones to safeguard competition (Telefónica / Deutsche Telekom / Vodafone)
German Competition Authority (Bonn)
Germany 458 contributions 117190 visits
Safeguarding competition in mobile communication cooperations - Telefónica, Deutsche Telekom and Vodafone plan to jointly eliminate “grey spots”* Telefónica (o2), Deutsche Telekom and Vodafone plan to enter into mutual cooperations to close gaps in their mobile communication networks, (...)

The German Competition Authority monitors cooperation in the telecommunication sector (Telefónica / Deutsche Telekom / Vodafone)
Bird & Bird (Dusseldorf)
Germany 12 contributions 2074 visits
The German Federal Cartel Office (FCO) will monitor a future broadband development cooperation between Deutsche Telekom AG, Vodafone and Telefonica aimed at closing gaps (so called “grey spots”) in their mobile telecommunication networks. The telecommunications companies are planning a (...)

The Canadian Competition Authority closes its investigation into an alleged conspiracy by large media companies (Postmedia / Torstar)
Conway Baxter Wilson (Ottawa)
Canada 1 contribution 239 visits
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Journal of Parliamentary and Political Law (Ottawa)
51 contributions 21461 visits
Introduction Canada’s Competition Bureau (‘the Bureau’), which assists the Commissioner of Competition (‘the Commissioner’) in the administration and enforcement of the Competition Act (‘the Act’), announced on 7 January 2021 that the Commissioner closed the investigation into Postmedia (...)

The EU Commission seeks feedback on competition rules on collective bargaining agreements for self-employed individuals
European Union Agency for Fundamental Rights (Vienna)
2 contributions 319 visits
On 6 January 2021, the European Commission (“Commission”) launched an inception impact assessment on an initiative that seeks to clarify the applicability of EU competition rules to collective bargaining agreements involving “solo” self-employed individuals. The initiative stems from several (...)

The EU Commission publishes an assessment and seeks feedback on its initiative to define the application of EU competition law to collective bargaining agreements for self-employed workers
Employers’ Initiative on Domestic Abuse (London)
United Kingdom 2 contributions 8224 visits
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Hogan Lovells (London)
United Kingdom 4 contributions 1283 visits
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King & Spalding (Brussels)
Belgium 10 contributions 5447 visits
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On 6 January 2021, the European Commission published an "Inception Impact Assessment" seeking feedback on an initiative aimed at defining EU competition law’s scope of application to "self-employed" workers (in advance of an open public consultation anticipated for spring 2021). This is part (...)

Unilateral Practices

 The UK Competition Authority secures commitments from two Big Tech players to remedy their anticompetitive conduct in online marketplaces (Amazon / Meta) Free
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105135 visits
CMA secures improvements in ways Amazon and Meta treat competitors, benefitting customers* The CMA has secured commitments from 2 of the largest digital players, Amazon and Meta, in 2 separate cases, benefitting sellers and customers by ensuring fair competition on their retail platforms. (...)

The UK Competition Authority finds that a telecom operates as a monopoly in the market for emergency services’ mobile radio network and imposes a price cap on the amount it can charge emergency service providers (Motorola / Airwave Solutions)
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105135 visits
Price cap on Airwave Network “only option” to reduce cost to emergency services* The CMA will restrict how much Motorola can charge the emergency services to use the Airwave Network. CMA’s decision places limit on how much Motorola can charge the emergency services to use the Airwave Network (...)

The Polish Competition Authority fines the nation’s largest online trading platform for favoring its own downstream online store (Allegro)
Polish Competition Authority (Warsaw)
Poland 120 contributions 22834 visits
President of UOKiK issued two decisions concerning Allegro’s practices* Tomasz Chróstny, President of UOKiK, has issued two decisions imposing over PLN 210 million in penalties on Allegro. The first decision concerns a breach of competition rules. The economic operator was unlawfully abusing (...)

The New Zealand Competition Authority files an appeal against a record-breaking fine for misleading consumers calling the fine "manifestly inadequate" (Vodafone)
New Zealand Commerce Commission (Wellington)
New Zealand 180 contributions 25432 visits
Commission appeals record $2.25m fine in Vodafone FibreX case* The Commerce Commission has filed an appeal in the High Court against a record $2.25 million fine imposed on Vodafone NZ Limited (Vodafone) for its offending under the Fair Trading Act during its FibreX advertising campaign. (...)

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 410 contributions 105135 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 UK Competition Authority publishes its decision to fine a pharmaceutical company £155M for excessive pricing and £111.5M for market exclusion agreements (Auden McKenzie / Actavis)
Toyota (Brussels)
Belgium 38 contributions 8778 visits
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Van Bael & Bellis (Brussels)
Belgium 61 contributions 26502 visits
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Van Bael & Bellis (Brussels)
Belgium 23 contributions 24660 visits
On 31 March 2022, the CMA published one of its longest decisions (1077 pages), in which it imposed fines of £155 million on Accord-UK (previously Auden McKenzie/Actavis) for excessive price increases on hydrocortisone tablets after they were de-branded and fell outside the UK NHS price (...)

The Lithuanian Competition Authority terminates an investigation into suspected abuse of dominance in the waste management sector (Toksika)
Lithuanian Competition Authority (Vilnius)
Lithuania 107 contributions 20928 visits
Following amendment of service contract with customers by Toksika, Konkurencijos Taryba terminates investigation into suspected abuse of dominance* The Lithuanian competition authority has terminated an investigation into a suspected abuse of dominance by a hazardous waste management company (...)

The Dutch Competition Authority assesses the adjusted proposal of a Big Tech company regarding its conditions for dating apps (Apple)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 212 contributions 36841 visits
ACM to assess adjusted proposal of Apple regarding its conditions for dating apps* On Sunday, March 27, Apple adjusted its proposal concerning compliance with the requirements set by the Netherlands Authority for Consumers and Markets (ACM) under Dutch and European competition rules. ACM (...)

The Australian Competition Authority takes action against alleged misleading conduct by a Big Tech company for publishing crypto ads on social media (Meta)
Australian Competition and Consumer Commission (Canberra)
Australia 400 contributions 84829 visits
ACCC takes action over alleged misleading conduct by Meta for publishing scam celebrity crypto ads on Facebook* The ACCC has instituted Federal Court proceedings against Facebook owner Meta Platforms, Inc. and Meta Platforms Ireland Limited (together: Meta) alleging that they engaged in (...)

The UK Competition Authority accepts a Big Tech company’s revised offer of commitments relating to its proposed removal of third-party cookies from a browser (Google Privacy Sandbox)
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105135 visits
CMA to keep ‘close eye’ on Google as it secures final Privacy Sandbox commitments* The CMA has accepted a revised offer from Google of commitments relating to its proposed removal of third-party cookies from the Chrome browser (known as the Privacy Sandbox proposals). The CMA has secured (...)

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 12 contributions 2550 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 annuls in part the Commission’s decision imposing a fine of €1.06B on the world’s largest semiconductor chip manufacturer (Intel)
General Court of the European Union (Luxembourg)
Luxembourg 64 contributions 32646 visits
The General Court annuls in part the Commission decision imposing a fine of € 1.06 billion on Intel* The Commission’s analysis is incomplete and does not make it possible to establish to the requisite legal standard that the rebates at issue were capable of having, or likely to have, (...)

The US State of New York AG leads a multi-State coalition in appealing the District Court’s dismissal of their lawsuit against a social media company for its monopoly (Facebook)
Office of the New York State Attorney General (Albany)
United States 2 contributions 892 visits
Attorney General James Leads Multistate Coalition in Continuing Fight to End Facebook’s Illegal Monopoly* NEW YORK – New York Attorney General Letitia James today led a bipartisan coalition of 48 attorneys general from around the nation in continuing to fight to end Facebook’s illegal (...)

The Polish Competition Authority fines a German supermarket for forcing suppliers to accept unfavourable contract terms, applying unfair retrospective discounts and mislabelling products to suggest domestic production (Kaufland Polska Markety)
Polish Competition Authority (Warsaw)
Poland 120 contributions 22834 visits
Decisions of the President of UOKiK on Kaufland* Kaufland Polska Markety required suppliers to reduce the price of agricultural and food products after their sale, unfairly using its contractual advantage. Moreover, it misled consumers as to the country of origin of the vegetables. The (...)

The Rotterdam District Court largely denies a Big Tech company’s requests to block the Dutch Competition Authority’s publication of decision and fines in abuse of dominance case against dating-app developers (Apple)
Hausfeld (Amsterdam)
Netherlands 1 contribution 203 visits
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Hausfeld (Amsterdam)
Netherlands 3 contributions 892 visits
In a decision of 24 August 2021, the Netherlands Authority for Consumers and Markets (the ACM) ordered Apple to adjust the unreasonable conditions in its Apple App Store (the “App Store”) that apply to dating-app developers. A summary decision was not published until 24 December 2021 after (...)

The Polish Competition Authority investigates the data processing policy of a Big Tech company (Apple)
Polish Competition Authority (Warsaw)
Poland 120 contributions 22834 visits
Apple - the President of UOKiK initiates an investigation* Do the new rules of the Privacy Policy and Personal Data Processing Policy introduced by Apple for iOS devices violate competition law? President of UOKiK Tomasz Chróstny has initiated an investigation into the matter. When we (...)

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 410 contributions 105135 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 UK Competition Authority finds a breach of competition law by a price comparison website that leads to an opt-out collective claim based on the allegation that the website’s conduct led to higher prices of home insurance for consumers (ComparetheMarket)
Hausfeld (London)
United States 6 contributions 1098 visits
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Hausfeld (London)
United Kingdom 11 contributions 1674 visits
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Hausfeld (London)
United Kingdom 5 contributions 1315 visits
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London, 1 November 2021 - An opt-out collective claim on behalf of over 20 million UK consumers of home insurance has been filed today by Home Insurance Consumer Action against the companies behind Comparethemarket.com. The claim follows the Competition and Markets Authority’s finding last (...)

The UK Competition Authority opens an investigation into the mobile radio network used by all national emergency services after expressing concerns about a company’s dual role as owner of the current network and as key supplier in the future emergency services network (Motorola / Airwave Solutions)
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105135 visits
CMA opens investigation into Motorola’s Airwave network* The CMA has opened an investigation into Motorola’s Airwave network, the mobile radio network used by all emergency services in Great Britain. Motorola Solutions Inc.’s (Motorola) Airwave network is the infrastructure and services (...)

The Hungarian Competition Authority launches an investigation into one of the largest domestic wholesalers of fishing products
Hungarian Competition Authority (Budapest)
Hungary 95 contributions 19902 visits
The GVH has caught a big fish among the domestic wholesalers of fishing products* 23 July 2021, Budapest – The Hungarian Competition Authority (GVH) has launched an investigation into one of the largest domestic undertakings engaged in the wholesale of fishing products due to allegedly (...)

The Italian Competition Authority initiates non-compliance proceedings following a warning which required the company to cease an unfair practice in the highway infrastructure sector (Autostrade)
Italian Competition Authority (Rome)
Italy 72 contributions 19349 visits
ICA: non-compliance proceedings initiated against Autostrade per l’Italia* The licence-owner received a fine of €5 million in March but has not yet reduced the cost of tolls on the sections with significant traffic problems. The Italian Competition Authority has initiated a non-compliance (...)

The European Data Protection Board rejects the request of the Hamburg Data Protection Authority to prevent a social media company from sharing data with a subsidiary (Facebook / WhatsApp)
Hamburg Commissioner for Data Protection and Freedom of Information
3 contributions 513 visits
Data exchange between WhatsApp and Facebook remains unregulated at European level* European Board sees no urgent need for action The European Data Protection Board (EDPB) has rejected the request of the Hamburg Commissioner for Data Protection and Freedom of Information (HmbBfDI) to impose (...)

The UK Competition Authority launches a market study into two Big Tech companies’ mobile ecosystems over concerns that they might abuse their dominant position (Google / Apple)
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105135 visits
CMA to scrutinise Apple and Google mobile ecosystems* The CMA has launched a market study into Apple’s and Google’s mobile ecosystems over concerns they have market power which is harming users and other businesses. The Competition and Markets Authority (CMA) is taking a closer look at (...)

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 410 contributions 105135 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 Hamburg Data Protection Authority bans a social media company from sharing user data between its subsidiary companies (Facebook / WhatsApp)
Hamburg Commissioner for Data Protection and Freedom of Information
3 contributions 513 visits
Order of the HmbBfDI: Ban of further processing of WhatsApp user data by Facebook* The Hamburg Commissioner for Data Protection and Freedom of Information (HmbBfDI) issued an order prohibiting Facebook Ireland Ltd. from processing personal data from WhatsApp for its own purposes. The order (...)

The Australian Competition Authority releases its second interim report which examines the competition and consumer issues associated with the distribution of mobile apps to users of smartphones and other mobile devices
Bird & Bird (Sydney)
Australia 1 contribution 192 visits
On 28 April 2021, the ACCC released its second interim report as part of the five-year Digital Platform Services Inquiry, which examines the competition and consumer issues associated with the distribution of mobile apps to users of smartphones and other mobile devices. In this second (...)

The Italian Competition Authority fines a Big Tech company for its refusal to publish an app developed by competitors allowing electric vehicle drivers to search and book an electric charging point while driving (Google / Enel X)
Luiss Guido Carli University (Rome)
Italy 27 contributions 5645 visits
On 27 April 2021, the Italian Competition Authority (ICA) fined Google for its refusal to publish an app developed by Enel X Italia (“JuicePass”) on Android Auto allowing electric vehicle drivers to search and book an electric charging point while driving. Android Auto is a specific feature (...)

The Delhi High Court reviews the Competition Authority’s inquiry into a Big Tech company’s data privacy policy (WhatsApp)
Vaish Associates Advocates (New Delhi)
India 263 contributions 43246 visits
Delhi High Court Judgement on CCI Inquiry into WhatsApp’s new data privacy policy in India* While reporting on the initial media news in my earlier blog on the same topic published on 23 April 21 , I had promised to come back with a detailed reporting on the above judgment which was then (...)

The Hamburg Data Protection Authority opens proceedings against a social media company to stop sharing user data from its subsidiary company (Facebook / WhatsApp)
Hamburg Commissioner for Data Protection and Freedom of Information
3 contributions 513 visits
Urgency procedure opened against Facebook in connection with the new WhatsApp terms of use* The Hamburg Commissioner for Data Protection and Freedom of Information (HmbBfDI) opened proceedings against Facebook Ireland Ltd. with the aim of issuing an immediately enforceable order with the (...)

The Dusseldorf Higher Court doubts the compatibility with EU law of the Competition Authority’s approach of linking data protection and competition law to find an abuse of dominance and files a request for a preliminary ruling (Facebook)
Bird & Bird (Dusseldorf)
Germany 4 contributions 1007 visits
Is Facebook abusing its dominant position in the market by collecting data on its own platforms and on third-party websites and combining it in a large data pool? The Federal Cartel Office (“FCO”) has decided that unless the users consent to the use of the data, Facebook is abusing its (...)

The French Competition Authority rejects a referral filed by a national karaoke studio for lack of evidence (Singing Studio / Karafun)
French Competition Authority (Paris)
France 748 contributions 411154 visits
The Autorité de la concurrence rejects the referral filed by Singing Studio in the karaoke sector for lack of evidence* Singing Studio’s complaint Singing Studio, which operates two establishments specialising in karaoke in Lille and Paris, has referred practices implemented by the Karafun (...)

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 2074 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 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 4268 visits
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Ashurst (Munich)
Germany 9 contributions 1805 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 EU Commission accepts the commitment offered by a pharmaceutical company to reduce drug prices by 73% (Aspen)
Herbert Smith Freehills (Brussels)
Belgium 121 contributions 74418 visits
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Herbert Smith Freehills (London)
United Kingdom 3 contributions 604 visits
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Herbert Smith Freehills (London)
United Kingdom 60 contributions 21720 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 26502 visits
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Van Bael & Bellis (Brussels)
Belgium 19 contributions 7786 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 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 7786 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 Czech Competition Authority fines a national natural gas transporter for abuse of a dominant position (NET4GAS)
Czech Competition Authority (Brno)
Czech Republic 49 contributions 6711 visits
The office imposed fine amounting to CZK 10,000,000 on NET4GAS for abuse of dominant position* The Office for the Protection of Competition imposed a fine amounting to CZK 10,000,000 on NET4GAS, s. r. o., for abuse of dominant position and prohibited alleged conduct for the future. The (...)

The Latvian Competition Authority imposes a €5.69M fine on a State-owned rail freight company for abuse of its dominant position (LDZ Cargo)
Baker McKenzie (Brussels)
Belgium 10 contributions 2086 visits
On 3 February 2021, the Latvian Competition Council (“LCC”) announced that it had fined the state-owed rail freight company, LDZ Cargo, €5.69 million for committing two abuses of its dominant position on the Latvian rail freight market (on which it held a market share of between 70% and 80% (...)

The Indian Competition Authority dismisses a leveraging of dominance allegation against a Big Tech company’s direct messaging and video-conferencing app due to emailing and direct messaging not being part of the same relevant market (Google Meet)
Vaish Associates Advocates (New Delhi)
India 263 contributions 43246 visits
CCI dismisses allegation of leveraging of dominance for Google Meet Application* The Competition Commission of India (CCI) vide its order dated 29 January 2021 has dismissed an apparently speculative and mischievous information filed by a law student against Google’s alleged leverage of its (...)

The Austrian Supreme Court confirms that long-term contracts for the import of Russian natural gas into Austria did not constitute an abuse of market power through discrimination
KPMG (Vienna)
1 contribution 220 visits
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Schoenherr (Vienna)
Australia 1 contribution 220 visits
On 25 January 2021, the Supreme Court issued a decision on long-term contracts for the import of Russian natural gas into Austria (16 Ok 3/20g). The contracts had been concluded in 2006 for the supply of unstructured natural gas. All of the contracts expired on 31 December 2027. At the time of (...)

The Spanish Competition Authority puts an end to the infringement proceedings brought against a Big Tech company for alleged dominance conduct related to a search engine and an online restaurant reservation system prohibited by national antitrust law (Google / El Tenedor)
Bird & Bird (Madrid)
Spain 29 contributions 4818 visits
The Spanish Competition authority (“CNMC”) has agreed to put an end to the infringement proceedings brought against Google and El Tenedor in November 2018 for an alleged conduct related to Google’s search engine and Google Maps’ online restaurant reservation system prohibited by Articles 1 and (...)

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 181 contributions 80387 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 Italian Competition Authority closes investigations against two football teams for unfair clauses in season ticket contracts (Brescia / Lecce)
Italian Competition Authority (Rome)
Italy 72 contributions 19349 visits
ICA: investigations closed against the Brescia and Lecce football teams for unfair clauses in season ticket contracts* The football clubs have modified their contractual conditions, however Lecce’s clauses excluding reimbursement in the event of supervening impossibility of providing the (...)

Procedures

 The Nigerian Federal High Court dismisses a suit challenging the investigatory powers of the Competition Authority (Premiere Academy)
Federal Competition & Consumer Protection Commission - FCCPC (Abuja)
Nigeria 5 contributions 206 visits
COURT AFFIRMS FEDERAL COMPETITION AND CONSUMER PROTECTION COMMISSION’S DUTIES AND POWERS OF INVESTIGATION* Friday, June 30, 2023: On Tuesday, June 27, 2023, the Federal High Court; CORAM: Justice N. E. Maha in Suit No: FHC/ABJ/CS/26/2022 – Premiere Academy Limited (Premiere) v Federal (...)

The UK Supreme Court dismisses a single claimant’s class action attempt against a Big Tech company for alleged contraventions of data protection law but lowers the bar for future representative actions (Google / Lloyd)
Covington & Burling (London)
United Kingdom 1 contribution 355 visits
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Covington & Burling (Brussels)
Belgium 1 contribution 355 visits
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Covington & Burling (London)
United Kingdom 6 contributions 1454 visits
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On 10 November 2021, the UK Supreme Court ruled in favour of Google in a landmark judgment against an attempt by a single claimant, Mr Richard Lloyd, to bring a representative action on behalf of a class of 4 million iPhone users relating to Google’s alleged contraventions of data protection (...)

The UK Competition Appeal Tribunal approves second and third ever collective proceedings applications for two stand-alone claims of abuse of dominance (Gutmann / South Western Trains) (Le Patourel / BT)
Hausfeld (London)
United Kingdom 7 contributions 2122 visits
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Hausfeld (London)
United Kingdom 3 contributions 889 visits
The first Collective Proceedings Order (“CPO”) was made in the United Kingdom in opt-out collective competition proceedings in Merricks v Mastercard Inc. and Others] on 18 August 2021 (a practical inevitability after the Supreme Court’s judgment in that case). Hot on the heels of that (...)

The UK Competition Appeal Tribunal certifies a well-publicized class action litigation against a financial services company (Merricks / Mastercard)
Shearman & Sterling (London)
United Kingdom 23 contributions 14330 visits
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Shearman & Sterling (London)
United Kingdom 30 contributions 14365 visits
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Shearman & Sterling (Brussels)
Belgium 21 contributions 10428 visits
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The U.K. Competition Appeal Tribunal (CAT) last week certified the well-publicized Mastercard class action litigation. In our previous article (See Chris Collins, Elvira Aliende Rodriguez, Jonathan Swil, Ozlem Fidanboylu, The UK Supreme Court gives guidance on collective proceedings in (...)

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 563 visits
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 62 contributions 28813 visits
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Skadden, Arps, Slate, Meagher & Flom (London)
United Kingdom 8 contributions 3734 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 9667 visits
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Herbert Smith Freehills (London)
France 12 contributions 3399 visits
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Herbert Smith Freehills (London)
United Kingdom 60 contributions 21720 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 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 3841 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 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 23622 visits
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Cleary Gottlieb Steen & Hamilton (Washington)
United States 5 contributions 1069 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 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 199 visits
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Baker Botts (Washington)
United States 22 contributions 19333 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 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 180 visits
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Skadden, Arps, Slate, Meagher & Flom (Washington)
United States 17 contributions 3011 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 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 787 visits
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Morgan Lewis (Washington)
United States 1 contribution 219 visits
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Morgan Lewis (Boston)
United States 4 contributions 1099 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 blocks the FTC from obtaining monetary remedies in most antitrust and consumer protection cases (AMG Capital Management)
Jones Day (Miami)
United States 2 contributions 415 visits
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Jones Day (Washington)
United States 2 contributions 998 visits
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Jones Day (Washington)
United States 2 contributions 791 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 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 212 visits
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Dechert (Washington)
United States 15 contributions 2979 visits
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Dechert (Philadelphia)
États-Unis 6 contributions 1972 visites
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 (...)

Regulatory

 The New Zealand Competition Authority releases draft Guidelines that would require telcos to unpack bundled offers
New Zealand Commerce Commission (Wellington)
New Zealand 180 contributions 25432 visits
ComCom calls for telcos to unpack bundles of ‘confusion’* The Commerce Commission has today released draft guidelines that would require telcos to unpack bundled offers so that Kiwi consumers can easily compare prices and make informed choices about the true value they offer. (...)

The EU Parliament and Council reach a provisional agreement on new rules which govern the environmental claims of businesses
Ashurst (Milan)
Italy 103 contributions 30345 visits
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Ashurst (Brussels)
Belgium 4 contributions 924 visits
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Ashurst (London)
United Kingdom 16 contributions 4261 visits
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On 19 September 2023, the European Parliament and Council reached a provisional agreement on new rules governing environmental claims. This follows the European Commission’s proposal for a Directive (the Green Claims Directive) which was published in March 2023. Specifically, the Directive (...)

The UK Competition Authority publishes its initial report on the regulation of AI
Hogan Lovells (London)
United Kingdom 7 contributions 3526 visits
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Hogan Lovells (London)
United Kingdom 1 contribution 787 visits
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Hogan Lovells (London)
United Kingdom 8 contributions 1765 visits
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Further to the UK CMA’s ‘Initial Review’ of AI foundation models back in May, the regulator has now published an ‘Initial Report’ setting out its evolving thinking on the regulation of AI. While there are no immediate competition or consumer law concerns identified with any behaviour of (...)

The Australian Competition Authority announces the prioritisation of enforcement against unfair contracts
Ashurst (Brisbane)
Australia 6 contributions 653 visits
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Ashurst (Singapore)
Singapore 15 contributions 16587 visits
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Ashurst (Sydney)
Australia 8 contributions 963 visits
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What you need to know: From 9 November 2023, entering into and applying or relying on (or purporting to apply or rely on) an unfair term in a standard form consumer or small business contract will be illegal, and will attract significant pecuniary and non-pecuniary penalties. In addition, (...)

The EU Commission designates six gatekeepers under the Digital Markets Act (Alphabet / Amazon / Apple / ByteDance / Meta / Microsoft)
European Commission - DG COMP (Brussels)
Belgium 1368 contributions 2944667 visits
The European Commission has today designated, for the first time, six gatekeepers - Alphabet, Amazon, Apple, ByteDance, Meta, Microsoft - under the Digital Markets Act (DMA). In total, 22 core platform services provided by gatekeepers have been designated. The six gatekeepers will now have six (...)

The Hungarian Competition Authority welcomes the EU Commission’s designation of the "gatekeepers" of the digital world (Alphabet / Amazon / Apple / ByteDance / Meta / Microsoft)
Hungarian Competition Authority (Budapest)
Hungary 95 contributions 19902 visits
New digital market regulation in its next phase: the European Commission designates the gatekeepers* Budapest, 6 September 2023 - The European Commission has designated the "gatekeepers" of the digital world - the giant undertakings that, due to their size and power, must comply with the (...)

The Australian Competition Authority welcomes the Government’s consultation on the possible reforms to Consumer Law to address possible unfair trading practices regulatory reforms
Australian Competition and Consumer Commission (Canberra)
Australia 400 contributions 84829 visits
ACCC welcomes consultation on possible unfair trading practices regulatory reforms* The ACCC welcomes the Australian Government launching consultation on possible reforms to the Australian Consumer Law to address currently unregulated unfair trading practices. Unfair trading practices (...)

The New Zealand Competition Authority seeks views on revenue limits and service quality standards for the country’s largest telecommunications infrastructure provider (Chorus)
New Zealand Commerce Commission (Wellington)
New Zealand 180 contributions 25432 visits
Commission seeks views on revenue limits and service quality standards for Chorus* The Commerce Commission is seeking views on the approach to resetting revenue limits and quality standards for Chorus, the country’s largest telecommunications infrastructure provider. Under the new (...)

The UK Government publishes a landmark Bill to introduce the digital markets regulatory regime and competition law reforms
Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 14 contributions 3352 visits
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 21 contributions 22449 visits
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 5 contributions 2170 visits
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UK Government Publishes Landmark Bill Introducing Digital Markets Regulatory Regime and Competition and Consumer Law Reforms* The UK Government has published its long-awaited Digital Markets, Competition and Consumer Bill, including a wide-ranging and far-reaching set of reforms to UK (...)

The UK Government publishes the long-awaited draft Digital Markets, Competition and Consumers Bill which introduces a broad range of reforms in respect of competition and consumer law
Hogan Lovells (London)
United Kingdom 8 contributions 1765 visits
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Hogan Lovells (London)
United Kingdom 14 contributions 4596 visits
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Hogan Lovells (London)
United Kingdom 4 contributions 385 visits
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On 25 April 2023, the UK Government published the long-awaited draft Digital Markets, Competition and Consumers Bill (the “Bill”). The Bill will introduce a broad range of reforms (including in respect of competition and consumer law). In relation to digital markets, the Bill fleshes out a (...)

The UK Government announces the Digital Markets, Competition and Consumers Bill to introduce a wide range of reforms in the regulation of Big Tech
Ashurst (London)
United Kingdom 35 contributions 17182 visits
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Ashurst (London)
United Kingdom 8 contributions 3360 visits
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Ashurst (London)
United Kingdom 16 contributions 4261 visits
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On 25 April 2023, the UK Government introduced the draft Digital Markets, Competition and Consumers Bill (the "Bill"). The date for the second reading is yet to be formally scheduled. In our first update, we provide a high level overview of the proposed reforms. Subsequent updates will focus (...)

The Fijian Competition Authority intensifies its efforts against businesses that sell LPG above the price cap
Fijian Competition & Consumer Commission - FCCC (Suva)
Fiji 12 contributions 973 visits
TRADERS FOUND BREACHING THE AUTHORIZED LPG PRICE * Following the latest release of the new fuel authorisation issued by Fijian Competition & Consumer Commission (FCCC), a total of 185 inspections were conducted on Saturday, 1 April 2023, in most parts of Fiji. During the inspections it (...)

The UK Competition Authority tightens scrutiny on ‘green’ claims in the market for fast-moving consumer goods
Bird & Bird (London)
United Kingdom 1 contribution 75 visits
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Bird & Bird (London)
United Kingdom 1 contribution 75 visits
As litigation based on claims of greenwashing steadily increases, examination of consumer facing businesses and their ESG statements continues to rise. On 26 January, the UK’s Competition and Markets Authority (“CMA”) announced that it was expanding its scrutiny of greenwashing claims into 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 400 contributions 84829 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 imposes orders on pilgrimage travel service providers which mandate provision of travel guarantee measures to pilgrimage customers (Alferdoos / Amlex Travel / Elfourssan Reizen / Salsabil Travel / Taoufik Reizen / Wadi Alrafidein)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 212 contributions 36841 visits
Providers of pilgrimage packages have stopped selling them or have taken travel guarantee measures following ACM action* Six providers of pilgrimage packages that the Netherlands Authority for Consumers and Markets (ACM) had previously compelled to take the necessary travel guarantee (...)

The UK Department for Business, Energy and Industrial Strategy receives the UK Government’s response on its consultation on competition law reform which looks to hand new powers to the Competition Authority enabling tougher enforcement of consumer law and the ability to impose significant fines
Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 14 contributions 3352 visits
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 4 contributions 570 visits
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 5 contributions 710 visits
The UK Government’s response to its consultations on ‘Reforming competition and consumer policy’ (April 2022) confirmed the Government’s proposals to give the Competition and Markets Authority (CMA) enhanced consumer law enforcement powers. With its new powers, the CMA will be able, for the (...)

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 36841 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 EU Council and Parliament reach a political agreement on the regulation of contestable and fair markets in the digital sector
McDermott Will & Emery (Brussels)
Belgium 50 contributions 9961 visits
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Arnold & Porter Kaye Scholer (Brussels)
Belgique 64 contributions 99387 visites
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Allen & Overy (Brussels)
Belgium 22 contributions 5349 visits
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On March 24, 2022 the Council of the EU and the European Parliament reached political agreement on the “Regulation of the European Parliament and of the Council on contestable and fair markets in the digital sector” (Digital Markets Act or DMA). The political agreement comes just 15 months (...)

The Australian Competition Authority joins other national regulators to create a forum for regulating digital platforms
Australian Competition and Consumer Commission (Canberra)
Australia 400 contributions 84829 visits
Agencies form Digital Platform Regulators Forum* The ACCC, Australian Communications and Media Authority, Office of the Australian Information Commissioner, and Office of the eSafety Commissioner have together formed the Digital Platform Regulators Forum. “The new Digital Platform (...)

The Australian Competition Authority seeks public feedback on potential new rules for large digital platforms
Australian Competition and Consumer Commission (Canberra)
Australia 400 contributions 84829 visits
Feedback sought on potential new rules for large digital platforms* The ACCC is seeking views from consumers, businesses and other parties on options for legislative reform to address concerns about the dominance of digital platforms. A discussion paper, released today, outlines options (...)

The Hungarian Competition Authority initiates its first proceedings under the new Trade Act aiming to expand consumer choice of beverages in the catering sector (KFC / Burger King / Heineken / Dreher/ Borsodi)
Hungarian Competition Authority (Budapest)
Hungary 95 contributions 19902 visits
The GVH started the new year with 5 proceedings at a time - increased supervision over the procurement of beverages in the catering sector* 6 January 2022, Budapest – The Hungarian Competition Authority has launched its firsts proceedings to enforce provisions of the Trade Act related to the (...)

The Luxembourg Parliament transposes into national law EU Directive 2018/1972 establishing the European Electronic Communications Code
Arendt & Medernach (Luxembourg)
Luxembourg 1 contribution 288 visits
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Arendt & Medernach (Luxembourg)
Luxembourg 2 contributions 461 visits
The law of 17 December 2021, which implements Directive (EU) 2018/1972 establishing the European Electronic Communications Code (the “EECC”) into Luxembourg law, has just been published and, as a Christmas present, will enter into force next week-end on 26 December 2021. Ultimately, this new (...)

The US FTC issues a policy statement announcing increased antitrust and consumer protection enforcement against repair restrictions by manufacturers in numerous sectors
DLA Piper (Philadelphia)
United States 2 contributions 348 visits
A newly announced change in Federal Trade Commission (FTC) policy could have dramatic implications for the ways manufacturers of everything from cell phones to cars draft warranties, design products, and distribute replacement parts. Specifically, the FTC has set its sights on repair (...)

The Russian Government approves the first national concept of long-term tariff regulation which will apply to housing services, waste management, gas and electricity supply, telecommunications and rail transport
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 57365 visits
Government approved the first Russian concept of long-term tariff regulation* It will apply to housing and communal services, waste management, electricity supply, gas supply, telecommunications and rail transport To implement the instructions of the President of the Russian Federation the (...)

The US President Joe Biden signs an executive order encouraging the US FTC to address anticompetitive restrictions on third-party repair or self-repair of items
DLA Piper (Philadelphia)
United States 2 contributions 348 visits
A newly announced change in Federal Trade Commission (FTC) policy could have dramatic implications for the ways manufacturers of everything from cell phones to cars draft warranties, design products, and distribute replacement parts. Specifically, the FTC has set its sights on repair (...)

The US President Joe Biden issues an executive order which articulates the administration’s broad antitrust policy and instructs antitrust agencies to increase enforcement to prevent a rise in consumer prices and competitive harm in labor markets
Skadden, Arps, Slate, Meagher & Flom (Washington)
United States 17 contributions 3011 visits
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Skadden, Arps, Slate, Meagher & Flom (Washington)
United States 22 contributions 6863 visits
Takeaways Under the Biden administration’s “whole-of-government” approach to promoting competition, a range of agencies outside the DOJ and FTC have been asked to use their authority to reform markets. Wide-ranging procedural changes at the FTC have expanded its review powers and complicated (...)

The Irish Competition Authority welcomes the publication of the Consumer Protection Bill which brings in additional regulation and consumer protections across newer and emerging credit products and companies
Irish Competition Authority (Dublin)
Ireland 104 contributions 16756 visits
CCPC welcomes the publication of the Consumer Protection (Regulation of Retail Credit and Credit Servicing Firms) Bill 2021* The Competition and Consumer Protection Commission (CCPC) welcomes the publication of the Consumer Protection (Regulation of Retail Credit and Credit Servicing Firms) (...)

The US President Joe Biden signs a sweeping executive order to promote competition, including the formation of the White House Competition Council, and directs federal agencies to crack down on anticompetitive practices and concentrated markets
Constantine Cannon (New York)
United States 3 contributions 2152 visits
Antitrust enforcement in the United States could be reinvigorated to an extent not seen in decades as a result of President Biden’s sweeping executive order on “Promoting Competition in the American Economy” (the “Order”), which aims to enhance business competition, curb corporate dominance, (...)

The UK Competition Authority and the Data Protection Authority publish a joint statement on how competition and data protection issues overlap in the digital economy
Bird & Bird (London)
United Kingdom 19 contributions 3560 visits
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Bird & Bird (London)
United Kingdom 6 contributions 3079 visits
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Bird & Bird (London)
United Kingdom 1 contribution 808 visits
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The well-known (and somewhat over-simplistic) paradox that data protection laws aim to keep personal data contained whilst competition law wants personal data to be more freely available is the premise behind the two UK regulators’ latest collaboration. In the last two years, the UK Data (...)

The Dutch Competition Authority announces move by a Big Tech company to require software developers to add information about data use to apps in its app store (Google Play)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 212 contributions 36841 visits
Google to require providers to add information about data use to apps in its app store* In its app store Google Play, Google will require app providers to indicate what personal data each app uses. Google will introduce this requirement this summer. Apple already implemented this requirement (...)