Dominance Research Program

Unilateral Practices

The Canadian Competition Authority obtains a court order to advance an investigation of an insurance tech provider over concerns of anticompetitive conduct (Applied Systems)
Canadian Competition Bureau (Gatineau)
Competition Bureau obtains court order to advance an investigation of Applied Systems* The Competition Bureau has obtained a court order to advance a civil investigation into alleged anti-competitive conduct by Applied Systems, Inc. and its affiliates (Applied Systems) including Applied (...)

The German Competition Authority initiates proceedings against a total of six municipal utilities and district heating suppliers on the suspicion of abusively excessive price increases
German Competition Authority (Bonn)
Bundeskartellamt examines price adjustment clauses in district heating* Bonn, 16 November 2023: The Bundeskartellamt has initiated proceedings against a total of six municipal utilities and district heating suppliers on the suspicion of abusively excessive price increases in the period from (...)

The German Competition Authority initiates abuse of dominance proceedings against an international beverage manufacturer based on the alleged anticompetitive effects of its rebates scheme (Coca-Cola) Free
German Competition Authority (Bonn)
Bundeskartellamt/Food industry and food retail sector* Bundeskartellamt initiates abuse proceedings against Coca-Cola Bonn, 14 November 2023: The Bundeskartellamt has today initiated abuse proceedings against Coca-Cola Europacific Partners Deutschland GmbH (Coca-Cola). Coca-Cola is (...)

The Belgian Competition Authority terminates an abuse of dominance proceeding in the telecommunications market following a divestiture remedy (Proximus / EDPnet)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
The trend towards closer competition scrutiny of small acquisitions, even if these transactions do not satisfy the financial thresholds provided for by EU merger control rules or relevant national legislation, yesterday gained further traction in Belgium. The life sciences industry will take (...)

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)
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 welcomes commitments to prevent a Big Tech company from gaining an unfair advantage through the use of its customers’ advertising data (Meta) Free
UK Competition & Markets Authority - CMA (London)
CMA protects competition by curbing Meta’s use of ad customers’ data* Following CMA action, Meta will no longer be able to use certain data obtained from competing businesses that advertise on its platforms to gain an unfair advantage. The commitments secured by the Competition and Markets (...)

The Hellenic Competition Authority imposes a fine amounting to €628K against a toy manufacturer following a dispute settlement process (Giochi Preziosi)
Hellenic Competition Commission (Athens)
Fine of 628,450 euros to a children’s toy company following a Dispute Settlement Process.* Settlement Decision on a fine of 628,450 euros to a children’s toy company following the ex officio investigation into the children’s toy market, excluding those connected to the use of computers. (...)

The EU General Court annuls the Commission’s decision to fine a Bulgarian gas supplier for abuse of dominance by refusing access to strategic gas infrastructures in the country (Bulgarian Energy Holding)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
In its Bulgargaz judgment of 25 October 2023, the General Court annulled a 2018 Commission decision finding that the Bulgarian BEH Group – comprised of the State-owned Bulgarian Energy Holding (“BEH”) and its two subsidiaries, the public gas supplier Bulgargaz and the gas transmission network (...)

The EU General Court annuls the Commission Decision which fined a State-owned energy holding company for abusing its dominant position by refusing access to strategic gas infrastructures in Bulgaria (Bulgarian Energy Holding)
General Court of the European Union (Luxembourg)
The General Court annuls the Commission Decision according to which the BEH Group abused its dominant position by refusing access to strategic gas infrastructures in Bulgaria* At the time of the facts, Bulgarian Energy Holding (BEH), a company wholly owned by the Bulgarian State, had several (...)

The Canadian Competition Authority publishes Bulletin on Amendments to the Abuse of Dominance Provisions
Fasken Martineau DuMoulin (Toronto)
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Fasken Martineau DuMoulin (Toronto)
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Fasken Martineau DuMoulin (Toronto)
On June 23, 2022, Bill C-19, also known as the Budget Implementation Act, 2022, No.1 (the “BIA”), received royal assent. As discussed in our previous blog post, the BIA includes significant amendments to the Competition Act (the “Act”), including with respect to abuse of dominance, which came (...)

The Canadian Competition Authority seeks feedback on its supplementary guidance regarding the recently amended abuse of dominance provisions of competition law
Canadian Competition Bureau (Gatineau)
Competition Bureau seeks feedback on its supplementary guidance regarding abuse of dominance* The Competition Bureau is inviting interested parties to provide feedback on its new Bulletin on Amendments to the Abuse of Dominance Provisions. The Bulletin was developed to provide preliminary (...)

The Japanese Competition Authority requests information and comments from third parties within the scope of the investigation initiated against a Big Tech company based on abuse of dominance allegations (Google)
Japan Fair Trade Commission (Tokyo)
The JFTC Opens an Investigation and Seeks Information and Comments from Third Parties Concerning the Suspected Violation of the Antimonopoly Act by Google LLC, etc.* The Japan Fair Trade Commission (hereinafter referred to as the "JFTC") has opened an investigation concerning the suspected (...)

The Japanese Competition Authority initiates an investigation against a Big Tech company for exclusionary business activities or restricting the business activities of its counterparties by entering into license agreements (Google)
Japan Fair Trade Commission (Tokyo)
The JFTC Opens an Investigation and Seeks Information and Comments from Third Parties Concerning the Suspected Violation of the Antimonopoly Act by Google LLC, etc.* The Japan Fair Trade Commission (hereinafter referred to as the "JFTC") has opened an investigation concerning the suspected (...)

The UK Competition Appeal Tribunal approves the consolidation of two multi-billion pound claims in the ad tech sector brought by two individuals against a Big Tech company (Charles Arthur / Claudio Pollack / Google)
Hausfeld (London)
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Hausfeld (London)
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Hausfeld (London)
17 October 2023, London. In a first, the UK Competition Appeal Tribunal (CAT) has approved the consolidation of two multi-billion pound claims in the ad tech sector brought by Charles Arthur and Claudio Pollack against Google. The consolidated claim will now proceed to a certification hearing (...)

The UK Competition Appeal Tribunal receives a class action claim for £7B in damages against an online search giant for allegedly exploiting its market dominance to charge higher prices (Google / Nikki Stopford)
Hausfeld (London)
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Hausfeld (London)
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Hausfeld (London)
A collective claim against Google was filed in the Competition Appeal Tribunal (CAT) arguing that the business has used its search engine dominance to shut out competition in mobile search. It is alleged that Google uses its market dominance to raise the prices paid by advertisers for (...)

The Mexican Competition Authority issues a statement of probable responsibility against a company for an alleged vertical price fixing and other relative monopolistic practices in the market for the supply and distribution of consumer goods by self-service store chains
Mexican Competition Authority (Mexico City)
Cofece notified a company of a statement of probable responsibility for possible anticompetitive practices in the self-service stores market* The Investigative Authority concluded its investigation and issued a statement of probable responsibility. The notification of this statement of (...)

The French Competition Authority rejects an abuse of dominance complaint made against a pay-TV distributor due to lack of priority (Mediapro / GCP)
Autorité de la concurrence (Paris)
The Autorité de la concurrence rejects Mediapro’s complaint due to lack of priority* Since Ordinance 2021-649 of 26 May 2021, which transposes a 2019 European Directive (“ECN+ Directive”) into French law, the Autorité may, pursuant to the second paragraph of Article L. 462-8 of the French (...)

The Croatian Competition Authority fines a supermarket €15K for imposing unfair trading practices on one of its fresh meat suppliers (Plodine)
Croatian Competition Agency (Zagreb)
CCA fines retailer PLODINE d.d. EUR 15,000 for imposing unfair trading practices* The aim of the protection of market competition is primarily to create benefits for consumers and equal conditions for all entrepreneurs on the market, who, acting in accordance with the existing rules and (...)

The Dutch Competition Authority rejects a Big Tech company’s objections to an order for periodic penalty payments that was imposed because of an abuse of dominance infringement (Apple)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
ACM rejects Apple’s objections against order subject to periodic penalty payments* The Netherlands Authority for Consumers and Markets (ACM) has rejected the objections filed by Apple against the order subject to periodic penalty payments that ACM had previously imposed on the company. In (...)

The Hellenic Competition Authority imposes a fine of €24.5M against a company active in the gambling sector for abusing its dominant position (OPAP)
Hellenic Competition Commission (Athens)
Decision on the complaints lodged against the company OPAP SA, imposing a fine totaling EUR 24,562,249.05* Decision on the complaints lodged against the company under the name “Organization of Football Prognostics S.A.” (OPAP) for alleged infringements of Articles 1 and 2 of Law 3959/2011 (...)

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

The New Caledonian Competition Authority fines a company for abuse of dominance in the market for the supply of fireworks (Interdis)
New Caledonia Competition Authority (Noumea)
The ACNC sanctions an abuse of dominant position in the fireworks sector* The Authority sanctions the company Interdis for having exploited, in an abusive manner, its monopoly position on the market for the supply of pyrotechnic products in New Caledonia, through practices of implicit (...)

The Portuguese Court of Appeal upholds the highest-ever fine imposed by the Competition Authority for abuse of dominance in the market for energy supply (EDP Produção)
Portuguese Competition Authority (Lisbon)
Lisbon Court of Appeal upholds highest ever fine for abuse of dominant position* The ruling The Lisbon Court of Appeal (TRL) confirmed EDP Produção’s abuse of a dominant position, sanctioned by the AdC – Portuguese Competition Authority in September 2019. The TRL ruling, dated September (...)

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

The EU Commission re-imposes a €376.3M fine on a semiconductor chip manufacturer for ‘naked restrictions’ in the computer chips market between 2002 and 2006 (Intel)
Bristows (London)
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Bristows (London)
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Bristows (London)
On 22 September 2023, the European Commission (“EC”) re-imposed a €376.3 million fine on Intel for ‘naked restrictions’ in the computer chips market between 2002 and 2006, continuing a saga that has been running since at least 2007. Background In 2009, the EC fined Intel €1.06 billion for (...)

The EU Commission re-imposes fine on a major semiconductor chip manufacturer for allegedly engaging in naked restrictions while an appeal on the case is pending before the EU Court of Justice (Intel)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 22 September 2023, the European Commission (“Commission”) re-imposed a fine of €376.36 million on Intel alleging that it had engaged in three practices aimed at excluding its main competitor at the time, AMD, from the market for computer chips called x86 central processing units (‘CPUs’) in (...)

The Romanian Competition Authority conducts dawn raids at an electricity distributor (Enel)
Romanian Competition Council (Bucharest)
COMPETITION COUNCIL CONDUCTED UNANNOUNCED INSPECTIONS OF SEVERAL COMPANIES IN THE ENEL GROUP* The Competition Council carried out unannounced inspections at Enel Romania SA, the electricity distribution operators within the group (E-Distributie Muntenia SA, E-Distributie Banat SA, (...)

The EU Commission re-imposes a €376.36M fine on a semiconductor chip manufacturer for anticompetitive practices in the market for computer chips (Intel) Free
European Commission - DG COMP (Brussels)
Antitrust: Commission re-imposes €376.36 million fine on Intel for anticompetitive practices in the market for computer chips* The European Commission has re-imposed a fine of around €376.36 million on Intel for a previously established abuse of dominant position in the market for computer (...)

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

The Italian Competition Authority opens an investigation regarding an alleged exclusionary abuse of dominant position by an airline (Ryanair)
Italian Competition Authority (Rome)
A568 - ICA: the AGCM investigates Ryanair for an alleged abuse of dominant position* According to the Italian Competition Authority, the carrier’s conduct would harm travel agencies and consumers by attempting to extend its market power into the provision of other tourist services The (...)

The EU Commission carries out unannounced inspections at the premises of a company active in the market for cardiovascular applications
European Commission - DG COMP (Brussels)
Antitrust: Commission carries out unannounced inspections in the medical devices sector* The European Commission is carrying out unannounced inspections at the premises of a company active in medical devices for cardiovascular applications. The Commission has concerns that the inspected (...)

The EU Commission carries out a dawn raid against a supplier of cardiovascular medical devices
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 19 September 2023, the European Commission (the Commission ) and an unspecified national competition authority jointly carried out unannounced inspections at the premises of an as yet anonymous supplier of medical devices for cardiovascular applications (see, attached press release). The (...)

The Hungarian Competition Authority fines a Dutch-owned multinational beer company for establishing an exclusive supplier cooperation with a restaurant (Heineken / Woda)
Hungarian Competition Authority (Budapest)
GVH fines, injunctions and commitments for Heineken* Heineken will have to pay a fine of HUF 15 million for narrowing the range of beer selection on the Hungarian market. Heineken will also have to set up a compliance programme with its HORECA partners to consciously avoid clauses that (...)

The UK Competition Appeal Tribunal upholds a fine against a drugmaker for excessive pricing, for hiking prices over 10,00% (Auden / Actavis)
UK Competition & Markets Authority - CMA (London)
CMA decision upheld in major drug price abuse case* Firms which raised prices for key medicine by over 10,000% from 70p to £72 have had their appeal against a CMA finding of excessive pricing rejected by the Competition Appeal Tribunal (CAT). The firms must now pay almost £130m in fines. (...)

The Italian Competition Authority opens an investigation into possible abuse of dominance by a multinational engineering and technology company in the European market for electric bicycle drive systems (Bosch)
Italian Competition Authority (Rome)
A567 - ICA: investigation opened into alleged abuse of dominant position by Bosch* According to the Competition Authority, the company did not allow electrical and digital interoperability between its drive systems and the Anti-lock Braking System (ABS) for electric bicycles produced by (...)

The UK Competition Appeal Tribunal upholds the Competition Authority’s decision and confirms the finding of excessive and unfair pricing of hydrocortisone tablets (Auden McKenzie / Actavis)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 18 September 2023, the UK Competition Appeal Tribunal ( CAT ) confirmed in large part a decision of the UK Competition and Markets Authority ( CMA ) which on 23 July 2021 had imposed fines on several hydrocortisone tablet suppliers for, in addition to another infringement, charging (...)

The Dutch Competition Authority imposes a total of €8M fine against a company active in manufacturing electronic devices for issuing unlawful price recommendations to retailers (LG)
Greenberg Traurig (Amsterdam)
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Greenberg Traurig (Amsterdam)
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Greenberg Traurig (Amsterdam)
ACM issues second resale price maintenance fine.* The ACM has fined LG Electronics Benelux Sales €8 million for issuing unlawful price recommendations to retailers. In 2021, the agency issued its first resale price maintenance fine against Samsung for influencing the online prices of (...)

The Polish Competition Authority announces its concerns about a large chain store’s potential abuse of a contractual advantage against food and agricultural product suppliers (Carrefour Polska)
Polish Competition Authority (Warsaw)
Carrefour Polska with charges from the President of UOKiK* Carrefour Polska is likely to abuse a contractual advantage against suppliers of agri-food products. President of UOKiK Tomasz Chróstny has brought charges against the company. Concerns have been raised about the unjustified charging (...)

The EU Commission closes the window to contest designated gatekeeper status and a major technology company appeals the decision before the General Court (Apple)
University Charles III of Madrid
Apple Seeks to Challenge its Designation Under the DMA: Part and Parcel of its Closed Ecosystem Next 16 November 2023, the deadline for the designated gatekeepers on the 5th of September 2023 to appeal the Commission’s decisions will come to an end (for a review of the decisions, see here). (...)

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

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

The Hungarian Competition Authority launches an accelerated sector inquiry into the online accommodation booking and service market (Booking.com)
Hungarian Competition Authority (Budapest)
The GVH has acted swiftly: it will be revealed soon whether competition in the online booking market may have been distorted* Budapest, 24 August 2023 - The Hungarian Competition Authority (GVH) has launched an accelerated sector inquiry into the online accommodation booking and service (...)

The Argentinian Court of Appeal confirms the extension of the interim measures imposed on a messaging app pending the conclusion of the Competition Authority’s investigation over alleged unilateral practices (WhatsApp)
Argentinian Competition Authority - CNDC (Buenos Aires)
The Court of Appeals confirmed the extension of the precautionary measure in the “WhatsApp” case until the end of the investigation* The Federal Civil and Commercial Appeals Chamber confirmed the temporary extension of the advance protection measure recommended by the National Commission for (...)

The Chinese Intellectual Property Court of Guangzhou asserts jurisdiction over an abuse of market dominance suit filed against an e-commerce giant (Mengbian Company / Amazon Europe)
YuandaWinston (Shanghai)
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Winston & Strawn (Chicago)
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Winston & Strawn (Los Angeles)
Chinese E-Commerce Company Sues Amazon Europe Under China’s Anti-Monopoly Law* On August 22, 2023, the Guangzhou Intellectual Property Court announced that it has accepted a case brought by Mengbian, a Chinese e-commerce firm that operates an online store on the Amazon marketplace, against (...)

The Indian Competition Authority issues a desist order against a housing board for abusing its dominance by applying unfair contract terms (Chandigarh Housing Board)
Indian Competition Commission (New Delhi)
CCI issues desist order against Chandigarh Housing Board for indulging in anticompetitive practices* The Competition Commission of India (CCI) issued an order under Section 27 of the Competition Act, 2002 (“Act”) on 22.08.2023 holding Chandigarh Housing Board (CHB) to be in contravention of (...)

The US Court of Appeals for the 10th Circuit overturns a District Court ruling which summarily dismissed a monopolisation claim by importing the incorrect standard from the refusal to deal caselaw in Aspen Skiing (Chase Manufacturing / Johns Manville)
Bona Law (San Diego)
The United States Court of Appeals for the Tenth Circuit overturned a district court decision dismissing a federal monopolization claim brought by Chase Manufacturing d/b/a Thermal Pipe Shields (TPS). In its published opinion, the Tenth Circuit held that the district court erred in granting (...)

The Brazilian Competition Authority launches an administrative proceeding to investigate antitrust violations in the lottery market involving a bank and the lottery federation (Caixa / Febralot)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Office of the Superintendent General of CADE investigates violations in the lottery market* CADE issued an interim measure against CAIXA and FEBRALOT to preserve competition in the market On 16 August, the Office of the Superintendent General of the Administrative Council for Economic (...)

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

The Japanese Competition Authority has received a report from a dominant retailer that it has ceased an anticompetitive practice where it required suppliers to cover the cost of a price reduction to meet competitors’ prices (OK Corporation)
Japan Fair Trade Commission (Tokyo)
Report from OK Corporation ceasing alleged requesting its suppliers to cover the price reduction against its competitors, in response to JFTC’s ongoing enforcement efforts* The Japan Fair Trade Commission (hereinafter referred to as the “JFTC”) is actively collecting information on the (...)

The US District Court for the District of Nevada grants a class certification to MMA fighters accusing their promoter of locking them into exclusive contracts that deterred fighters’ mobility and suppressed their wages for fighting bouts (Cung Le / Zuffa)
Bona Law (San Diego)
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Bona Law (New York)
MMA & Monopsony: MMA Fighters Win Class Certification Bout in Employment Monopolization Case* In yet another important labor-monopsony case, a federal court in Nevada has declared a win for MMA athletes fighting against their promoter’s alleged misuse of monopsony power in the market for (...)

The UK Competition Appeal Tribunal set to hear the first environmental class action claim brought under the domestic collective action regime against a water company (Severn Trent Water)
Baker McKenzie (London)
A claim against one of the UK’s largest water companies for allegedly misleading regulators about the number of times it discharged sewage into waterways has been brought in the Competition Appeal Tribunal (CAT) on behalf of the company’s eight million customers. It is the first time the “opt (...)

The UK Competition Appeal Tribunal rejects a challenge to an excessive pricing fine which came after the sole producer of a drug for thyroid hormone deficiency hiked prices by over 1,000% over a ten-year period (Advanz Pharma / Hg Capital / Cinven)
UK Competition & Markets Authority - CMA (London)
CMA defeats legal challenge in medicine pricing case* The Competition Appeal Tribunal has unanimously upheld the CMA’s decision condemning a pharmaceutical supplier for excessive pricing of medicines sold to the NHS. The Competition and Markets Authority (CMA) welcomes today’s landmark (...)

The UK Competition Appeal Tribunal upholds the Competition Authority’s decision to fine a pharmaceutical company and its former owners for excessive pricing (Advanz Pharma / Hg Capital / Cinven)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 8 August 2023, the UK Competition Appeal Tribunal (“CAT”) delivered its judgment upholding the decision by the UK Competition and Markets Authority (“CMA”) against pharmaceutical company Advanz Pharma and its former owners Hg and Cinven (jointly, “Advanz”) for excessive pricing (see VBB on (...)

The UK Competition Appeal Tribunal upholds the Competition Authority’s decision to fine 3 drugmakers for excessive and unfair pricing of a critical medicine (Advanz / Cinven/ HgCapital)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 8 August 2023, the UK Competition Appeal Tribunal ( CAT ) unanimously upheld a decision of the UK Competition and Markets Authority ( CMA ) which in July 2021 had imposed fines totalling more than £101 million on Advanz Pharma ( Advanz ) and two previous private equity owners, Cinven and (...)

The Australian Competition Authority announces that a recreational bike importer and distributor has admitted that it violated competition law by engaging in resale price maintenance practices (Hornet)
Australian Competition and Consumer Commission (Canberra)
Hornet Industries admits to likely resale price maintenance* Recreational bike importer and distributor, Hornet Industries Pty Ltd, has admitted that it likely engaged in resale price maintenance. It did so by offering its independent resellers agreements that would prevent them from selling (...)

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

The Turkish Competition Authority issues a statement regarding the continuation of the interim measures imposed on a broadcasting services provider (Krea İçerik Hizmetleri)
Turkish Competition Authority (Ankara)
Statement about the Interim Measure Imposed on Krea İçerik Hizmetleri ve Prodüksiyon AŞ According to Article 9 of the Act no 4054 on the Protection of Competition.* In the Competition Board Meeting on 03.08.2023, the following final decision numbered 23-36/675-230 on implementing an interim (...)

The Italian Regional Administrative Court of Latium refers to the EU Court of Justice a preliminary question on limitation periods for the imposition of competition fines by the Italian Competition Authority (Caronte & Tourist)
Municipality of Cagliari
Which limitation period applies to regulatory actions taken by the Italian Competition Authority (ICA) against competition law infringements is a controversial question that divides administrative judges. Recently, this question was raised again in an appeal proceedings instituted before the (...)

The EU Commission issues a Statement of Objections to clothing retailers for implementing anticompetitive cross-border sales restrictions (Pierre Cardin / Ahlers)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
Main take-aways Pierre Cardin and its licensee Ahlers receive statement of objections; Commission recognises its limited ability to tackle unilateral territorial supply constraints; Pending investigation of Mondelēz covers both collusive and unilateral (possible) restraints; Forthcoming Valve (...)

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

The Turkish Competition Authority concludes that an online marketplace has abused its dominant position by intervening in the marketplace algorithm and using third-party sellers’ data to favour its own retailers (Trendyol)
Turkish Competition Authority (Ankara)
Investigation concerning DSM Grup Danışmanlık İletişim ve Satış Ticaret AŞ concluded (27.7.2023) (28.7.2023)* The investigation conducted according to the Competition Board decision dated 23.09.2021 and numbered 21-44/650-M to determine whether DSM Grup Danışmanlık İletişim ve Satış Ticaret (...)

The EU Commission launches an investigation into a Big Tech company for alleged tying of its communication and collaboration product to its workspace tools (Microsoft)
European Commission - DG COMP (Brussels)
Antitrust: Commission opens investigation into possible anticompetitive practices by Microsoft regarding Teams* The European Commission has opened a formal investigation to assess whether Microsoft may have breached EU competition rules by tying or bundling its communication and (...)

The EU Commission investigates a Big Tech company for allegedly tying its communication and collaboration product in the market for virtual communications (Microsoft)
Reuschlaw (Berlin)
The Case of Microsoft: Why Software Monocultures Also Play a Role Beyond Antitrust Considerations* After the rumor mill had been bubbling for weeks in advance, it became official at the end of July 2023: the European Commission announced on its website the initiation of official antitrust (...)

The French Competition Authority notifies its objections to a Big Tech company concerning its practices in the distribution of mobile apps sector (Apple)
Autorité de la concurrence (Paris)
Advertising on iOS mobile applications: the General Rapporteur confirms having notified the Apple group of an objection* The General Rapporteur of the Autorité de la concurrence has confirmed that an objection has been notified to the Apple group, concerning practices in the distribution of (...)

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

The Croatian Competition Authority opens an ex-officio proceeding to investigate whether a sports broadcaster abused its dominant position in the distribution of premium sports content channels (HD-Win Arena Sport)
Croatian Competition Agency (Zagreb)
CCA opens infringement proceeding against HD-WIN ARENA SPORT* The aim of the protection of market competition is primarily to create benefits for consumers and equal conditions for all entrepreneurs on the market, who, acting in accordance with the existing rules and competing on the market (...)

The Italian Regional Administrative Tribunal of Latium upholds the Competition Authority’s finding that a pharmaceutical company abused its dominant position by charging excessive prices for an orphan drug (Leadiant)
Municipality of Cagliari
An Italian administrative court confirms the condemnation of a pharmaceutical company for charging excessive prices on an orphan drug* Introduction In Leadiant the Italian Competition Authority (ICA) found a pharmaceutical company, Leadiant, guilty of violating Article 102 TFEU for (...)

The US Court of Appeals Ninth Circuit reverses a ruling against energy drink wholesalers based on the allegation that the energy drink manufacturer had violated the Robinson-Patman Act by providing promotional allowances to a mass merchandiser but not to the wholesalers (U.S. Wholesale Outlet & Distribution / Innovation Ventures)
Dechert (San Francisco)
Key Takeaways The Ninth Circuit recently revived a portion of a price discrimination claim brought by wholesalers of the popular 5-Hour Energy drink against its manufacturer, which provided more favorable promotional terms to a mass merchandiser, while at the same time affirming a defense (...)

The Czech Competition Authority fines a kitchen equipment manufacturer for resale price maintenance (TESCOMA)
Czech Competition Authority (Brno)
THE OFFICE IMPOSED A FINE OF ALMOST CZK 64,000,000 ON TESCOMA FOR RESTRICTING PRICE COMPETITION BETWEEN RETAILERS* The Office for the Protection of Competition (hereinafter referred to as “the Office”) imposed a fine of CZK 63,952,000 on TESCOMA s.r.o. (hereinafter referred to as "TESCOMA") (...)

The Italian Competition Authority determines that a global leader in the manufacturing and distribution of tube and cable sealings had abused its dominant position by implementing a strategy aimed at foreclosing its main competitor (Roxtec / Wallmax)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 16 August 2023, the Italian competition authority (“ICA”) published a decision finding that Roxtec, a global leader in the manufacturing and distribution of tube and cable sealings, had abused its dominant position by implementing a strategy aimed to foreclose its main competitor (...)

The Italian Competition Authority fines the owner of an expired patent for breaching Article 102 TFEU by vexatious litigation and abuse of process (Roxtec / Wallmax)
Municipality of Cagliari
Introduction An innovator whose patent is set to soon expiry may fear that, after falling into the public domain, the formerly patented technology be implemented by rivals. To shield the products incorporating this technology from competition, patent owners may consider legal strategies that (...)

The Luxembourg Competition Authority fines a coffee importer €3M for resale price maintenance (Peter Hennen)
Luxembourg Competition Council (Liège)
Decision concerning practices implemented in the coffee distribution sector in Luxembourg* By one decision dated 17 July 2023, the Autorité de la concurrence imposes a fine of more than 3 million euros on the coffee importer Peter Hennen GmbH for having concluded an agreement with 13 (...)

The Italian Council of State upholds the fine imposed by the Competition Authority on an FMCG company for entering into unlawful exclusivity agreements with retailers (Unilever Italia)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 11 July 2023, the Italian Supreme Administrative Court (“Court”) upheld the fine imposed by the Italian Competition Authority (“ICA”) on Unilever for entering into unlawful exclusivity agreements with retailers, thus confirming the ICA’s highly restrictive view on the relevance and (...)

The Italian Council of State confirms the finding of an abuse of dominance against an FMCG company in the market for the distribution of impulse ice creams (Unilever Italia)
Municipality of Cagliari
Introduction By the judgment recently issued in the Unilever-AGCM case, the Italian Council of State (the Court) has uphold an infringement decision of the Italian Competition Authority (ICA) against Unilever . The ICA had found that Unilever and its distributors violated Article 102 TFEU. (...)

The Dutch Competition Authority maintains findings of excessive pricing against medicine supplier but reduces the fine imposed (Leadiant)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
Autoriteit Consument & Markt, the Dutch competition authority ( ACM ), announced on 11 July 2023 that it had considered the objections raised by Leadiant against its earlier decision of 1 July 2021 finding Leadiant guilty of an abuse of dominant position in the form of excessive prices (...)

The Turkish Competition Authority holds that a Big Tech company has violated competition law by abusing its dominant position in the general search services market (Google)
Turkish Competition Authority (Ankara)
Investigation on Google Reklamcılık ve Pazarlama Ltd. Şti., Google International LLC, Google LLC, Google Ireland Limited and Alphabet Inc. Concluded (14.4.2021) (10.7.2023)* The investigation conducted in order to determine whether the economic entity comprised of Google Reklamcılık ve (...)

The Turkish Competition Authority initiates a full-fledged investigation against a Big Tech company for alleged tying and self-preferencing practices in the online advertising industry (Google)
Turkish Competition Authority (Ankara)
Investigation about Alphabet Inc., Google LLC, Google International LLC, Google Ireland Limited and Google Reklamcılık ve Pazarlama Ltd. Şti. Opened (19.6.2023) (7.7.2023)* The Competition Board has concluded the preliminary inquiry conducted upon the claim that the economic unity consisted (...)

The Luxembourg Competition Authority takes a note of a ruling by the EU Court of Justice which holds that a National Competition Authority may find a violation of the GDPR in the context of the examination of an abuse of a dominant position
Luxembourg Competition Council (Liège)
Judgment of the CJEU: a national competition authority may find a violation of the GDPR in the context of the examination of an abuse of a dominant position* In its judgment of July 4, 2023 in case C-252/21, the Court of Justice of the European Union (CJEU) ruled that a national competition (...)

The EU Court of Justice holds that National Competition Authorities may consider violations of data protection laws during abuse of dominance assessments (Meta)
Hausfeld (Berlin)
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Hausfeld (Berlin)
In parallel to the rise of the tech giants, the interplay between EU competition and data protection law has attracted increasing attention. This relationship was at the core of the 2019 Meta decision of the German Federal Cartel Office (Bundeskartellamt, BKartA), in which the authority held (...)

The EU Court of Justice issues a landmark decision regarding the compliance of a major social network with the GDPR and competition law in collecting personal data and the related consent for the provision of customised advertising services (Meta)
Portolano Cavallo (Milan)
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Portolano Cavallo (Rome)
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Portolano Cavallo (Milan)
On July 4, 2023, the Court of Justice of the European Union (“CJEU”) issued a landmark decision in Case C-252/21 regarding the compliance of a well-known social network with the GDPR (Regulation EU 2016/679) and competition law in collecting personal data and the related consent for the (...)

The EU Court of Justice confirms that National Competition Authorities may consider violations of data protection laws as part of their abuse of dominance assessments (Meta)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 4 July 2023, the Court of Justice (“CJEU”) handed down its highly anticipated judgment in Case C-252/21 Meta v Bundeskartellamt on the interplay between EU competition law and the EU’s General Data Protection Regulation (the “GDPR”). The CJEU held that competition authorities can analyse a (...)

The Dutch Competition Authority publishes a resale price maintenance checklist following many reports about suppliers of baby and children’s products setting retail prices for retailers
Netherlands Authority for Consumers & Markets- ACM (The Hague)
ACM has received many reports about suppliers of baby and children’s products setting retail prices for retailers* The Netherlands Authority for Consumers and Markets (ACM) has warned various suppliers of baby and children’s products. ACM receives many reports about suppliers exerting undue (...)

The EU Court of Justice delivers a preliminary ruling to clarify the status of resale price maintenance under EU Competition Law (Super Bock)
Taylor Wessing (Eindhoven)
Super Bock ruling* Super Bock ruling provides additional clarity on the object test as the appropriate factual assessment and may have potential implications to ACM’s decisions in relation to resale price maintenance. On 29 June 2023, the Court of Justice of the European Union ("CJEU") (...)

The EU Court of Justice holds that resale price maintenance is not automatically a restriction of competition by object (Super Bock)
Cleary Gottlieb Steen & Hamilton (Brussels)
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10BE5 (London)
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Cleary Gottlieb Steen & Hamilton (Brussels)
Super Bock : RPM Not Automatically a Restriction of Competition By Object* On June 29, 2023, the Court of Justice ruled on questions referred by the Lisbon Court of Appeals relating to alleged resale price maintenance (“RPM”) by Super Bock, a Portuguese beverage manufacturer. The Court of (...)

The EU Court of Justice issues a rare judgment on the legal test to establish resale price maintenance: neither the finding of an object restriction nor acquiescence by resellers can be assumed without a contextual assessment (Super Bock)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 29 June 2023, the ECJ handed down a preliminary ruling on various questions referred to it by a Portuguese court in the context of an appeal against an infringement decision of the Portuguese Competition Authority finding that a beverage supplier had engaged in resale price maintenance (...)

The EU Court of Justice delivers a judgment to clarify the status of resale price maintenance under EU Competition Law (Super Bock)
Hogan Lovells (Paris)
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Hogan Lovells (Paris)
With summer kicking in, it may be tempting to enjoy a Portuguese beer and relax far from competition law. Instead, the European Court of Justice (“ECJ”) choses to recall the basics of resale price maintenance (“RPM”) and Article 101 TFEU with the Super Bock judgment (Judgment of the ECJ of (...)

The EU Court of Justice provides guidance on resale price maintenance under EU competition law (Super Bock)
McDermott Will & Emery (Brussels)
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White & Case (Düsseldorf)
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White & Case (Brussels)
The fact that the European Commission (EC) classified resale price maintenance as a hardcore restriction under its Vertical Block Exemption Regulation does not mean that it automatically violates EU competition law as a "by object"restriction pursuant to Article 101(1) TFEU. To that end, (...)

The Polish Competition Authority obliges a dairy cooperative to stop unfair trade practices by ordering certain corrective measures while the cooperative avoids fines with its proposed commitments (Mlekpol Dairy Cooperative)
Polish Competition Authority (Warsaw)
Decision and actions of UOKiK to improve the situation of milk suppliers* The President of UOKiK has obliged the Mlekpol Dairy Cooperative (Spółdzielnia Mleczarska Mlekpol) to stop unfair practices against milk suppliers. Examples of unfair practices employed by Mlekpol include changing the (...)

The Israeli Competition Authority affirms the monopoly position of a company in the green tea and herbal infusion markets (Wissotzky)
Israel Competition Authority (Jerusalem)
The Director-General of the Israel Competition Authority Declares Wissotzky a Monopoly in the Green Tea and Herbal Infusion Markets* After an examination that began a year and a half ago and following a hearing conducted for the company over the past months, the Director-General of the ICA (...)

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

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

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

The German Competition Authority issues a statement of objections against various practices of a Big Tech company in connection with its automotive services and maps (Google Maps)
German Competition Authority (Bonn)
Statement of objections issued against various of Google’s practices in connection with Google Automotive Services and Google Maps Platform* The Bundeskartellamt has today forwarded its preliminary legal assessment of Google’s practices in connection with Google Automotive Services (GAS) to (...)

The EU Commission sends a Statement of Objections to a Big Tech company over abusive practices in online advertising technology (Google ad tech)
European Commission - DG COMP (Brussels)
Antitrust: Commission sends Statement of Objections to Google over abusive practices in online advertising technology* The European Commission has informed Google of its preliminary view that the company breached EU antitrust rules by distorting competition in the advertising technology (...)

The Polish Competition Authority concludes an investigation over an alleged abuse of dominance in the fuel market (PKN Orlen)
Polish Competition Authority (Warsaw)
Fuel market - conclusions of the investigation procedure* The investigation procedure regarding the fuel market has been completed. The prices charged by PKN Orlen at the end of 2022 were without prejudice to competition law. The case was consulted with the European Commission. UOKiK’s (...)

The German Competition Authority welcomes the creation of an accounts centre by a social media giant to ensure user data transparency and compliance with the Authority’s prohibition order against the unilateral combination of user data (Meta)
German Competition Authority (Bonn)
Meta (Facebook) introduces new accounts center – an important step in the implementation of the Bundeskartellamt’s decision* Bonn, 7 June 2023: Meta has announced plans to introduce a new accounts center. The accounts center will allow Meta’s customers for the first time to make a largely (...)

The Austrian Competition Authority files an application to fine an importer of vehicles for market abuse (Büchl)
Austrian Competition Authority (Vienna)
AFCA files application for a fine for market abuse in the automotive industry* Following an application by a car dealership and servicing garage, and subsequent antitrust proceedings, the Supreme Court sitting as the Supreme Cartel Court issued a decision with legal effect on 17 February (...)

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

The Croatian Competition Authority opens an ex officio infringement proceeding in the business-to-business food supply chain to identify whether a buyer-retailer used its strong bargaining power and imposed unfair trading practices on its supplier (Konzum)
Croatian Competition Agency (Zagreb)
Implementation of the UTPs Act: CCA opens proceeding against KONZUM plus.* The aim of the protection of market competition is primarily to create benefits for consumers and equal conditions for all entrepreneurs on the market, who, acting in accordance with the existing rules and competing (...)

The Dutch District Court of Amsterdam accepts jurisdiction to adjudicate a damages claim against a Big Tech company fined by the EU Commission for abuse of dominance (Google Shopping)
Stek (Amsterdam)
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Stek (Amsterdam)
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Stek (Amsterdam)
Jurisdictional Ruling against Google Confirms Sumal’s Liability Test: Setting a Precedent?* In a recent judgment of 31 May 2023, the Amsterdam District Court (the District Court) accepted jurisdiction to adjudicate a damages case against Google Netherlands B.V. (located in Amsterdam) as well (...)

The Chinese State Administration for Market Regulation fines a pharmaceutical company for engaging in resale price maintenance (Zizhu Pharma)
Hogan Lovells (Beijing)
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Hogan Lovells Fidelity (Shanghai)
On 29 May 2023, China’s antitrust authority – the State Administration for Market Regulation (“SAMR”) – published the decision against Zizhu Pharma on its webpage. The company was fined by SAMR’s Beijing branch for engaging in resale price maintenance (“RPM”), the antitrust lingo for (...)

The Romanian Competition Authority investigates a possible exclusive distribution by a multinational video game company and its subsidiaries
Romanian Competition Council (Bucharest)
THE ROMANIAN COMPETITION COUNCIL IS INVESTIGATING THE MARKET FOR THE DISTRIBUTION OF PLAYSTATION COMPATIBLE VIDEO GAMES* The Romanian Competition Council has started an investigation regarding the potential infringement of competition rules by Sony Interactive Entertainment Europe Limited (...)

The Italian Competition Authority launches an investigation into the national football federation for an alleged abuse of dominance in the organisation of recreational-amateur competitions in the youth sector (FIGC)
Italian Competition Authority (Rome)
A562 - Italian Competition Authority: investigation launched against the Italian Football Federation (Federazione Italiana Giuoco Calcio, FIGC) for an alleged abuse of a dominant position* According to the Authority, the Italian Football Federation tried to restrict the organisation of (...)

The Albanian Competition Authority initiates a preliminary investigation on a potential abusive practice in the taxi services market for airport commuting and imposes interim measures against an international airport (Tirana International Airport)
University of Tirana
The Albanian Competition Commission (ACC), through Decision (DCC) No. 984, dated May 11, 2023, has initiated a preliminary investigation procedure and subsequently has imposed interim measures against Tirana International Airport LLC (TIA) in the taxi services market for commuters traveling to (...)

The Canadian Competition Authority obtains a court order to advance an investigation into the alleged abuse of dominance by a provider of technology solutions and support services (Dominion Lending Centres)
Canadian Competition Bureau (Gatineau)
Competition Bureau obtains court order to advance an investigation of Dominion Lending Centres* News release The Competition Bureau has obtained a court order to advance a civil investigation into alleged anti-competitive conduct by Dominion Lending Centres Inc. (DLC). The Bureau (...)

The Italian Competition Authority opens an investigation into a football federation for allegedly abusing its dominance by hindering third parties’ amateur competitions (FIGC)
Portolano Cavallo (Milan)
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Portolano Cavallo (Milan)
On May 16, 2023, the Italian Competition Authority (“AGCM” or “ICA”) launched an investigation to determine whether the Italian Football Federation (Federazione Italian Giuoco Calcio, or “FIGC”) abused a dominant position in breach of Article 102 of the Treaty on the Functioning of the (...)

The Croatian Competition Authority terminates unfair pricing proceedings against the national postal service due to lack of evidence (Hrvatska Pošta)
Croatian Competition Agency (Zagreb)
CCA terminates proceeding against Croatian Post due to lack of evidence of unfair pricing* The aim of the protection of market competition is primarily to create benefits for consumers and equal conditions for all entrepreneurs on the market, who, acting in accordance with the existing rules (...)

The French Competition Authority imposes interim measures by ordering a social media giant to define new objective, transparent, non-discriminatory, and proportionate criteria to access its data (Meta)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 4 May 2023, the French Competition Authority (“FCA”) imposed interim measures on Meta Platforms Inc., Meta Platforms Ireland Ltd. and Facebook France (“Meta”), to remedy the harm likely caused to the independent advertising verification sector and to the complainant Adloox SAS (“Adloox”) by (...)

The French Competition Authority issues interim measures against a social media giant over an alleged abuse of dominance in the online ad verification sector (Meta)
Autorité de la concurrence (Paris)
Online ad verification: The Autorité de la concurrence issues interim measures against Meta* Background Having received a complaint in October 2022 from the company Adloox SAS (hereinafter "Adloox") regarding practices implemented by the companies Meta Platforms Inc., Meta Platforms (...)

The Hellenic Competition Authority holds that a company active in bauxite production and supply market abused its dominant position through disrupting bauxite supply (Mytilineos / Imerys Voxites / Imerys Greece)
Hellenic Competition Commission (Athens)
Decision on the complaint lodged by MYTILINEOS against the companies IMERYS BAUXITE GREECE and IMERYS INDUSTRIAL MINERALS GREECE* Subject: Decision on the complaint lodged by MYTILINEOS S.A. - GROUP OF COMPANIES against the companies IMERYS BAUXITE GREECE SINGLE MEMBER S.A. and IMERYS (...)

The Mexican Competition Authority initiates an abuse of dominance investigation in the market for the distribution and commercialization of scopolamine
Mexican Competition Authority (Mexico City)
Cofece initiates investigation in the market for the distribution and commercialization of scopolamine in national territory* The Investigative Authority has indications of possible absolute monopolistic practices in the market for this active ingredient used in the manufacture of medicines. (...)

The EU Commission initiates a new investigation to assess possible anticompetitive practices in the online rail ticketing market (Renfe)
European Commission - DG COMP (Brussels)
Antitrust: Commission opens investigation into possible anticompetitive practices by Renfe in online rail ticketing* The European Commission has opened a formal investigation to assess whether Renfe may have abused its dominant position in the Spanish passenger rail transport market by (...)

The Estonian Competition Authority rejects a budget airline’s complaint against a large international airport over an alleged antitrust violation in the increase in airport fees (Ryanair / Tallinn Airport)
Estonian Competition Authority (Tallinn)
The Competition Authority rejected Ryanair’s complaint* Based on the Competition Authority’s price analysis, it was concluded that the fees charged by Tallinn Airport are reasonable and justified. Tallinn Airport announced an increase in fees in the summer of 2022. Pursuant to the Aviation (...)

The US Court of Appeals for the 9th Circuit affirms that a Big Tech’s anti-steering policies violate California’s Unfair Competition Law (Epic Games / Apple)
Hausfeld (San Francisco)
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Hausfeld (San Francisco)
One of the most-watched antitrust cases of the past several years has been Epic Games, Inc. v. Apple, Inc. (Epic v. Apple), a clash between a multi-billion-dollar video game developer (Epic) and the world’s largest technology company by revenue (Apple). After a three-week trial held in the (...)

The US Court of Appeals of the Ninth Circuit partially upholds the district court’s judgment regarding a Big Tech company’s prohibition of third-party app stores and in-app-payment systems from operating on its proprietary iOS platform (Epic Games / Apple)
International Center for Law & Economics (Portland)
Untangling the 9th Circuit’s Ruling in Epic Games v Apple* The 9th U.S. Circuit Court of Appeals ruled late last month on Epic Games’ appeal of the decision rendered in 2021 by the U.S. District Court for the Northern District of California in Epic Games v Apple, affirming in part and (...)

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

The Belgian Competition Authority seeks a ’hold separate’ measure to delay the full integration of a merger between two telecoms, one of which is failing, until after the Authority completes its abuse of dominance investigation (Edpnet / Proximus)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
Last month, the Belgian Competition Authority ( BCA ) decided to open abuse of dominance proceedings against telecommunications operator Proximus on account of that party’s acquisition of struggling Edpnet (see, Life Sciences News and Insights, 23 March 2023). On 20 April 2023, the BCA’s chief (...)

The Italian Competition Authority orders a social media giant to resume negotiations with a copyright-collecting organisation following an investigation over an alleged abuse of economic dependence in the licensing of music rights on social media platforms (SIAE / Meta)
Italian Competition Authority (Rome)
A559- - Antitrust: the ICA orders Meta to resume negotiations with SIAE. Musical works available again on Facebook e Instagram* The Authority adopts interim measures concerning the alleged abuse of economic dependence by Mark Zuckerberg’s group, which will also have to provide all (...)

The Italian Competition Authority imposes interim measures against a Big Tech company in the ongoing investigation concerning an alleged abuse of economic dependence in digital markets (SIAE / Meta)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 20 April 2023, the Italian Competition Authority (“ICA”) imposed interim measures on Meta and ordered Meta to negotiate in good faith with the Italian Society of Authors and Publishers (“SIAE”), alleging that SIAE was economically dependent on Meta and that Meta, by terminating negotiations (...)

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

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

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

The US DoJ adds 9 State Attorneys General to its joint suit against a Big Tech company for monopolising digital advertising technologies (Google)
US Department of Justice (Washington)
Nine Additional States Join Justice Department’s Suit Against Google for Monopolizing Digital Advertising Technologies* The Attorneys General of Arizona, Illinois, Michigan, Minnesota, Nebraska, New Hampshire, North Carolina, Washington and West Virginia today joined a civil antitrust (...)

The Japanese FTC cautions an investment bank for potentially abusing its superior bargaining position by pushing startups to accept underpriced initial public offerings (Mizuho Securities)
Japan Fair Trade Commission (Tokyo)
The JFTC Issued a Caution to Mizuho Securities Co., Ltd.* The Japan Fair Trade Commission (JFTC) today issued a caution to Mizuho Securities Co., Ltd. (Mizuho). In this case, Mizuho’s conduct may lead to violation of prohibition of the Article 19(falling under the Item 5, Paragraph 9, (...)

The Italian Council of State seeks clarification from the EU Court of Justice in the context of refusal to deal in digital markets (Google / Enel X)
Municipality of Cagliari
On the appeal proceedings against the infringement decision made by the Italian Competition Authority (ICA) in Google/Enel X, the highest Italian administrative court, the Council of State (CdS), referred the matter to the Court of Justice of the EU (CJEU). What the CdS sought from the CJEU in (...)

The Belgian Supreme Court departs from its own caselaw and confirms the arbitrability of exclusive distribution agreements in landmark judgments (Thibelo / Stölzle-Oberglas)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 7 April 2023, the Belgian Supreme Court held that the Belgian rules on the unilateral termination of exclusive distribution agreements of indefinite duration, as contained in Articles X.35 through X.40 of the Code of Economic Law (Wetboek van Economisch Recht / Code de droit économique – (...)

The German Competition Authority holds that a Big Tech company is an undertaking of paramount significance for competition across markets and consequently, is subject to the provisions for large digital companies under the Competition Act (Apple)
German Competition Authority (Bonn)
Apple also subject to provisions for large digital companies under Section 19a GWB* Bonn, 5 April 2023: The Bundeskartellamt decided that Apple Inc. based in Cupertino, USA, is an undertaking of paramount significance for competition across markets. Apple and its subsidiaries are thus (...)

The UK Communications Regulator announces that it will refer the national cloud communications market to the Competition Authority for a deeper investigation (Amazon / Microsoft)
Morgan Lewis (London)
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Morgan Lewis (London)
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Morgan Lewis (London)
The UK communications regulator and concurrent competition authority, Ofcom, announced on April 5 its proposal to refer the UK cloud services market to the Competition and Markets Authority (CMA) for further investigation. This coincided with publication of the interim report of Ofcom’s market (...)

The Slovak Competition Authority initiates an administrative proceeding to determine whether bus station operator active in the Žilina region had abused its dominant position
Slovak Competition Authority (Bratislava)
ABUSE OF DOMINANT POSITION: AMO SR initiated an administrative proceeding in connection with using bus stations in Žilina region* AMO SR initiated the administrative proceeding in the matter of possible abuse of dominant position. On 24 February 2023 the Antimonopoly Office of the Slovak (...)

The Italian Competition Authority investigates a Big Tech company over an alleged abuse of economic dependence in digital markets (SIAE / Meta)
Municipality of Cagliari
Relying on the recently enlarged notion of abuse of economic dependence on digital markets, the Italian Competition Authority (ICA) has opened an in-depth investigation against the Meta group in the Meta v SIAE case (See Autorità Garante della Concorrenza e del Mercato (Italian Competition (...)

The Italian Competition Authority commences an investigation over an alleged abuse of economic dependence by a Big Tech firm in the licensing of the use of music rights on its platforms (SIAE / Meta)
Italian Competition Authority (Rome)
A559 - ICA: probe started for abuse of economic dependence by Meta towards SIAE* According to the Authority, Mark Zuckerberg’s company could have unduly interrupted the negotiations for licensing the use, on its platforms, of musical rights thus abusing of SIAE’s economic dependence. At the (...)

The US DoJ files a civil suit against a leading video game developer and publisher for imposing rules that limited competition for players and suppressing the wages of esports players in the professional esports leagues in violation of the Sherman Act (Activision Blizzard)
US Department of Justice (Washington)
Justice Department Files Lawsuit and Proposed Consent Decree to Prohibit Activision Blizzard from Suppressing Esports Player Compensation* Decree Provisions Would Ensure that Activision Blizzard Cannot Impose Any Salary Cap, Luxury Tax, or Other Rule that Limits Compensation for Players in (...)

The EU Commission announces Guidelines on exclusionary abuses and amends Guidance on enforcement priorities
European Commission - DG COMP (Brussels)
Antitrust: Commission announces Guidelines on exclusionary abuses and amends Guidance on enforcement priorities* The European Commission has launched a Call for Evidence seeking feedback on the adoption of Guidelines on exclusionary abuses of dominance. In parallel, it has published a (...)

The EU Commission announces an initiative acknowledging the effects-based approach in abuse of dominance cases while retracting from a consumer welfare-based economic effects analysis
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 27 March 2023, the European Commission (“Commission”) launched a new legislative and policy initiative which aims to replace the Commission’s 2008 guidance on its enforcement priorities in Article 102 cases involving allegedly exclusionary conduct (the “2008 Guidance Paper”) with formal (...)

The EU Commission announces plans for new Article 102 TFEU Guidelines and amends the previous Guidance on enforcement priorities
Mayer Brown (London)
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Herbert Smith Freehills (Brussels)
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Herbert Smith Freehills (London)
On 27 March 2023, the European Commission (Commission) announced its intention to adopt detailed new guidelines on the application of Article 102 TFEU to exclusionary conduct. The Commission explained that “Article 102 TFEU is one of the few areas of European competition law where no (...)

The EU Commission announces Guidelines on exclusionary abuses which acknowledge the central role of an effects-based approach in abuse of dominance cases
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 27 March 2023, the European Commission (“Commission”) launched a new legislative and policy initiative which aims to replace the Commission’s 2008 guidance on its enforcement priorities in Article 102 cases involving allegedly exclusionary conduct (the “2008 Guidance Paper”) with formal (...)

The EU Commission amends the Guidance on abuse of dominance
Freshfields Bruckhaus Deringer (London)
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Freshfields Bruckhaus Deringer (Berlin)
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Freshfields Bruckhaus Deringer (Brussels)
In a surprise move, the European Commission has published a revised version of its 2008 guidance on enforcement priorities for abusive exclusionary conduct by dominant undertakings ( Guidance ). The amendments were published on 27 March 2023, without prior consultation and with immediate (...)

The EU Commission takes action to amend the Framework on exclusionary abuses of dominance
Jones Day (London)
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Jones Day (Brussels)
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Jones Day (Brussels)
In Short The Situation: On 27 March 2023, the European Commission ("Commission") published a Communication amending its 2008 Guidance on enforcement priorities concerning exclusionary abuses ("amended 2008 Guidance Paper"), and launched a consultation process for the adoption of Guidelines (...)

The EU Commission revamps its Guidance on exclusionary abuses and enforcement priorities
Cleary Gottlieb Steen & Hamilton (Brussels)
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Cleary Gottlieb Steen & Hamilton (Brussels)
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Cleary Gottlieb Steen & Hamilton (New York)
Commission Revamps its Article 102 Guidance and Will Adopt new Guidelines in 2025* On March 27, 2023, the European Commission (the “Commission”) announced it would revise its 2008 Guidance on enforcement priorities regarding Article 102 TFEU (the “2008 Guidance”). The Commission has amended (...)

The EU Commission clarifies effects-based approach to exclusionary conduct by dominant companies with the publishing of its new guidelines
Skadden, Arps, Slate, Meagher & Flom (Brussels)
European Commission Clarifies Effect-Based Enforcement of Exclusionary Conduct by Dominant Companies* In the European Commission’s (EC’s) most significant policy shift on abuse of market dominance in 15 years, the authority published revised guidelines, heralding a shift away from the more (...)

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

The Belgian Competition Authority opens abuse of dominance proceedings over a below thresholds acquisition, in the first case following the Towercast precedent (Proximus / Edpnet)
Van Bael & Bellis (Brussels)
,
Van Bael & Bellis (Brussels)
,
Van Bael & Bellis (Brussels)
The Belgian Competition Authority ( BCA ) announced yesterday that it would review the acquisition of Edpnet by telecommunications operator Proximus under the rules prohibiting abusive conduct by dominant companies (see, attached press release). Edpnet supplies broadband communications (...)

The Dutch Competition Authority warns suppliers of smart sports devices, food supplements and portable TV receivers over potential resale price maintenance
Netherlands Authority for Consumers & Markets- ACM (The Hague)
ACM warns suppliers that restrict the freedom of retailers to set their own retail prices* Over the past several months, the Netherlands Authority for Consumers and Markets (ACM) has warned various suppliers that they may have exercised undue influence over the retail prices of their (...)

The EU Court of Justice rules that non-notifiable merger deals can be challenged and reviewed under the abuse of dominance rules (Towercast)
Jones Day (Brussels)
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Jones Day (Paris)
,
Jones Day (Brussels)
In Short The Development: The Court of Justice of the European Union ("ECJ") held that national competition authorities ("NCA") may investigate and block an M&A transaction that violates Article 102 of the Treaty on the Functioning of the European Union to the extent it is not reportable (...)

The Slovak Competition Authority initiates an administrative proceeding into the abuse of dominance claims against online intermediary services on discount portals
Slovak Competition Authority (Bratislava)
ABUSE OF DOMINANT POSITION: AMO SR initiated an administrative proceeding in connection with providing online intermediary services on discount portals in Slovakia* The administrative proceeding concerns the possible abuse of dominant position. On 8 March 2023 the Antimonopoly Office of (...)

The EU Court of Justice rules that non-notifiable mergers can be reviewed under abuse of dominance rules (Towercast)
Mayer Brown (London)
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Herbert Smith Freehills (Paris)
,
Herbert Smith Freehills (Brussels)
INTRODUCTION On 16 March 2023, the Court of Justice of the European Union (CJEU) issued its keenly anticipated judgment in Towercast(Judgment), following a request for a preliminary ruling by the Court of Appeal, Paris (Court of Appeal). The Judgment clarifies that acquisitions by dominant (...)

The EU Court of Justice rules that Article 102 TFEU permits ex post merger control, at the national level, with a non-Community dimension (Towercast)
European Court of Justice (Luxembourg)
The prohibition of abuse of a dominant position laid down by the Treaties permits an ex post control, at national level, of a concentration of undertakings with a non-Community dimension* The temporal effects of a judgment of the Court confirming the applicability of that prohibition should (...)

The Spanish Competition Authority investigates a power generation company and its parent for possibly abusing its dominance by benefitting its own downstream operations (Luminora / Soltec)
Spanish Competition Authority (CNMC) (Madrid)
The CNMC investigates the power generation company Luminora and its parent company Soltec for a possible abuse of a dominant position* Luminora is the company designated as the so-called “single node interlocutor” (IUN in Spanish) in the market for access to the electricity transmission (...)

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

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

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

The Slovak Competition Authority initiates an administrative proceeding for an undertaking providing online intermediary services on discount portals
Slovak Competition Authority (Bratislava)
ABUSE OF DOMINANT POSITION: AMO SR initiated an administrative proceeding in connection with providing online intermediary services on discount portals in Slovakia* The administrative proceeding concerns the possible abuse of dominant position. On 8 March 2023 the Antimonopoly Office of (...)

The Croatian Competition Authority opens an ex officio infringement proceeding in the business-to-business food supply chain to identify whether a company used its strong bargaining power to impose unfair trading practices on its suppliers (Studenac)
Croatian Competition Agency (Zagreb)
Implementation of the UTPs Act: CCA opens proceeding against STUDENAC retailer* The aim of the protection of market competition is primarily to create benefits for consumers and equal conditions for all entrepreneurs on the market, who, acting in accordance with the existing rules and (...)

The Australian Competition Authority publishes an ’issues paper’ on expanding digital platform ecosystems as part of its five-year Digital Platform Services Inquiry
Australian Competition and Consumer Commission (Canberra)
Expanding digital platform ecosystems to be examined by ACCC* The ACCC will examine the expanding ecosystems of digital platform service providers in Australia as part of its’ five-year Digital Platform Services Inquiry. Large digital platform service providers, like Alphabet (Google), (...)

The 7th Ankara Administrative Court of first instance issues a decision which requires the Competition Authority to investigate allegations of denigration and deceptive practices by a dominant undertaking as potential competition concerns (EAE Elektrik)
ACTECON (Istanbul)
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ACTECON (Istanbul)
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ACTECON (Istanbul)
In recent years, competition authorities around the world have been scrutinising new types of behaviour that might be deemed abusive within the context of antitrust laws. Although those relating to digital markets receive the most attention, not a day passes by without a surprising decision (...)

The Italian Council of State confirms that a legal monopolist breached Article 102 TFEU by reserving an essential input for its own subsidiary (Hera / Herambiente)
Municipality of Cagliari
Introduction The issue of the special responsibility of a dominant undertaking under Article 102 TFEU to not impair competition has been considered by the Italian Council of State (the Court) in AGCM v Hera. In this case the Court determined an appeal lodged against an infringement decision (...)

The EU Commission sends a Statement of Objections to a Big Tech smartphone manufacturer clarifying its concerns over the firm’s App Store rules for music streaming providers, particularly on anti-steering obligations (Apple)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 28 February 2023, the European Commission (the “Commission”) announced that in its investigation of Apple’s App Store terms for music streaming app developers, it has adopted a new statement of objections (“SO”) which replaces the previous SO issued against Apple back in April 2021, and (...)

The EU Commission sends a Statement of Objections to a Big Tech smartphone manufacturer clarifying its concerns over the firm’s App Store rules for music streaming providers, particularly on anti-steering obligations (Apple)
European Commission - DG COMP (Brussels)
Antitrust: Commission sends Statement of Objections to Apple clarifying concerns over App Store rules for music streaming providers* The European Commission has sent a Statement of Objections to Apple clarifying its concerns over App Store rules for music streaming providers. This (...)

The Bulgarian Competition Authority issues a fine on a leading petrochemical distributor for abuse of dominance in the market for the wholesale trade of motor fuels (Lukoil-Bulgaria)
Bulgarian Commission for the Protection of Competition (Sofia)
CPC sanctions "Lukoil-Bulgaria" EOOD 67 771 454 BGN for abuse of a dominant position* By Decision № 184/16.02.2023, ruled on case № KZK-864/274/2021, CPC imposed a pecuniary sanction in the amount of BGN 67,771,454 on "Lukoil-Bulgaria" EOOD for infringement of Art. 21 of the Law on the (...)

The French Court of Appeal overturns the Competition Authority’s €444M fine on three laboratories for abuse of collective dominance in the pharma sector through a disparaging campaign against an "off-label" competitor (Novartis / Roche / Genentech)
Clifford Chance (Paris)
The Court of Appeal quashed the French Competition Authority’s decision fining Novartis, Roche and Genentech EUR 444 million for abusing their collective dominant position, providing welcome clarity on the legal test to assess communications by pharmaceutical companies to the public and to (...)

The Croatian Competition Authority dismisses complaints of a coordinated price increase by telecommunications companies because of an absence of evidence indicating an illegal contract or agreement between the undertakings before the price increase (A1 / HT / Telemach)
Croatian Competition Agency (Zagreb)
CCA dismisses complaints against telecoms – A1, HT and Telemach* The Croatian Competition Agency dismissed two initiatives for the initiation of the infringement proceeding against A1 Hrvatska d.o.o., Hrvatski Telekom d.d. and Telemach Hrvatska d.o.o. due to lack of standing to act with (...)

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

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

The Croatian Competition Authority fines a supermarket for imposing unfair trading practices on a fresh egg supplier in the business-to-business food supply chain (Trgocentar)
Croatian Competition Agency (Zagreb)
CCA fines TRGOCENTAR from Zabok EUR 13,272 for imposing unfair trading practices* The Croatian Competition Agency (CCA) fined Trgocentar d.o.o., Zabok HRK 100,000 (EUR 13,272.28) for the serious infringement of the Croatian Act on the prohibition of unfair trading practices in the (...)

The Spanish High Court of Madrid reinstates injunctive measures against an international football association (ESLC / UEFA / FIFA)
Flint Global (Brussels)
The 28th Section of the High Court of Madrid (Audiencia Provincial de Madrid), the court of appeal specialising in commercial and competition law in the Madrid region, has recently issued a decision reinstating certain interim measures it had earlier adopted in relation to the Super League (...)

The Bulgarian Competition Authority issues a Statement of Objections over abuse of dominance by undertakings of the same corporate group in the freight rail transport industry (DP NKZI / BDZ TP)
Bulgarian Commission for the Protection of Competition (Sofia)
The CPC addressed a statement of objections to DP NKZI alleging the company has abused its dominant position, which can prevent, restrict or distort competition in the market for freight rail transport in the country and affect consumers’ interests* With Ruling № 67/19.01.2023 on case № (...)

The Belgian Competition Authority imposes a fine of €2.7M for abuse of dominance on a pharmaceutical company (Novartis)
Belgian Competition Authority (Brussels)
The Belgian Competition Authority imposes a fine of EUR 2 782 808 on Novartis for abuse of dominant position* The Competition College of the Belgian Competition Authority has on 23 January 2023 imposed a fine of EUR 2,782,808 on Novartis Pharma SA en Novartis AG (hereafter Novartis) for the (...)

The US DoJ and 8 State Attorneys General sue a Big Tech company for monopolizing digital advertising technologies, and for the first time in decades seek damages for a civil antitrust violation (Google)
US Department of Justice (Washington)
Justice Department Sues Google for Monopolizing Digital Advertising Technologies* Through Serial Acquisitions and Anticompetitive Auction Manipulation, Google Subverted Competition in Internet Advertising Technologies Today, the Justice Department, along with the Attorneys General of (...)

The Belgian Competition Authority imposes a €2.7M fine on a pharmaceutical company for abusing its dominance by misleading healthcare professionals about the effectiveness of a generic drug competitor (Novartis)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
As if on cue, the Belgian competition authority announced on 24 January 2023 new significant developments with regard to their enforcement activities in the pharmaceutical sector. The Belgian Competition Authority (BCA) indicated that it had imposed a fine of EUR 2,782,808 on Novartis for (...)

The German Competition Authority initiates competition infringement proceedings against a payment services provider for possibly foreclosing competitors and restricting price competition (Paypal)
German Competition Authority (Bonn)
Bundeskartellamt initiates proceeding against PayPal* The Bundeskartellamt has initiated a proceeding against PayPal (Europe) S.à.r.l. et Cie, S.C.A. on account of practices possibly foreclosing competitors and restricting price competition. The proceeding deals with PayPal’s “Rules about (...)

The EU Court of Justice issues a decision on the imputation of liability and treatment of exclusivity under the EU prohibition on abuse of dominance (Unilever Italia)
Clifford Chance (Brussels)
In its January 2023 Unilever Italia judgment, the European Court of Justice ("ECJ") ruled on two important practical aspects of the application of the EU prohibition on abuse of dominance under Article 102 TFEU. Background In December 2020, the Italian Consiglio di Stato made a request for (...)

The EU Court of Justice preliminarily determines that dominant firms can be held to account for abusive conduct even when third parties implement the infringement (Unilever Italia)
Hausfeld (London)
On 19 January 2023, the CJEU delivered its preliminary ruling in the case Unilever Italia Mkt Operations Srl v Autorità Garante della Concorrenza e del Mercato, C-680/20 (“AGCM”) (“Unilever”), on two questions posed by the Consiglio di Stato (Italian Council of State). The first related to the (...)

The EU Court of Justice confirms that an effects-based approach applies to exclusive dealing and clarifies the narrow circumstances under which the conduct of distributors can engage the liability of a dominant company (Unilever Italia)
White & Case (Brussels)
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White & Case (Brussels)
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White & Case (Brussels)
On 19 January 2023, the EU Court of Justice, answering questions from the Italian Council of State, confirmed that the Intel effects-based approach applies also to exclusive dealing practices and held that competition authorities must duly examine economic evidence produced by dominant (...)

The EU Court of Justice holds that the abusive conduct of independent legal entities can be imputed to the dominant entity due to the special responsibility held by dominant entities pursuant to Article 102 of TFEU (Unilever Italia)
Van Bael & Bellis (Brussels)
On 19 January 2023, the Court of Justice of the European Union (“ECJ”) delivered its judgment in the Unilever case (Case C-680/20) concerning the allegedly exclusionary strategy implemented by Unilever in Italy and consisting of the imposition by Unilever’s distributors of exclusivity clauses (...)

The EU Court of Justice finds a major FMCG company liable for abuse of dominance due to exclusivity clauses imposed by its independent distributors on operators of sale outlets (Unilever Italia)
European Court of Justice (Luxembourg)
Abuse of a dominant position: exclusivity clauses in distribution contracts must be capable of having exclusionary effects* The competition authority is obliged to assess that actual capacity to exclude by also taking into account the evidence submitted by the undertaking in a dominant (...)

The Belgian Competition Authority fines a skincare company for imposing minimum prices and active and passive sales restrictions (Caudalie)
Belgian Competition Authority (Brussels)
The Belgian Competition Authority has imposed a fine on companies of the Caudalie group for imposing minimum prices and active and passive sales restrictions* On 18 January 2023, the Competition College decided that companies of the Caudalie group imposed minimum prices and active and (...)

The Turkish Competition Authority grants block exemption to a multi-category e-marketplace company after a preliminary investigation on alleged restriction of competition practices (Trendyol)
ACTECON (Istanbul)
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ACTECON (Istanbul)
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ACTECON (Istanbul)
On 17 January 2023, the Turkish Competition Authority (“TCA”) announced its reasoned decision rendered as a result of the preliminary investigation that was conducted against DSM Grup Danışmanlık İletişim ve Satış Ticaret AŞ (“Trendyol”). The preliminary investigation was initiated pursuant to (...)

The EU Court of Justice upholds the General Court’s judgment imposing a fine of approximately €20M on the Lithuanian national rail company for abuse of dominance (Lietuvos geležinkeliai)
European Court of Justice (Luxembourg)
Abuse of a dominant position: The Court of Justice upholds the judgment of the General Court imposing a fine of approximately € 20 million on the Lithuanian national rail company * The Commission conducted a comprehensive analysis which makes it possible to establish to the requisite legal (...)

The Polish Competition Authority fines a German manufacturer of vacuum cleaners for resale price maintenance (Karcher)
Polish Competition Authority (Warsaw)
Karcher - fine for long-standing collusion* Sales prices of cleaning devices and systems of the Kaercher brand have been artificially inflated for more than 20 years. President of UOKiK Tomasz Chróstny imposed a fine of PLN 26 million on the Karcher company. The penalty would be significantly (...)

The EU Court of Justice upholds a finding of abuse of dominance by a national railway company in the Lithuanian freight market (Lietuvos geležinkeliai)
Van Bael & Bellis (Brussels)
On 12 January 2023, the Court of Justice of the European Union (“ECJ”) upheld the General Court’s judgment fining the Lithuanian national railway company, Lietuvos geležinkeliai AB (“LG”), € 20 million for abusing its dominant position in the Lithuanian freight market (Case C-42/21 P). (...)

The Croatian Competition Authority fines an undertaking for imposing unfair trading practices on sweetcorn suppliers (Eurotex Global Trade)
Croatian Competition Agency (Zagreb)
CCA fines EUROTEX GLOBAL TRADE (formerly GLAVICE) HRK 50,000 for imposing unfair trading practices on sweetcorn suppliers* The Croatian Competition Agency (CCA) fined EUROTEX GLOBAL TRADE d.o.o. (formerly GLAVICE d.o.o.) HRK 50,000 for the infringement of the Croatian Act on the prohibition (...)

The German Competition Authority issues a Statement of Objections against a Big Tech search engine for implementing anticompetitive data processing terms (Google)
German Competition Authority (Bonn)
Statement of objections issued against Google’s data processing terms* Bonn, 11 January 2023: On 23 December 2022 the Bundeskartellamt sent Alphabet Inc., Mountain View, USA, Google Ireland Ltd., Dublin, Ireland, and Google Germany GmbH, Hamburg, Germany, its preliminary legal assessment in (...)

The Czech Competition Authority fines a payment processing company for abuse of dominance in the market for updated data on public transport timetables (Chaps)
Czech Competition Authority (Brno)
NEW FINE FOR ABUSE OF DOMINANT POSITION IMPOSED ON CHAPS AMOUNTS TO CZK 956,000* The Chairman of the Office for the Protection of Competition, Petr Mlsna, has confirmed repeatedly the fine of CZK 956,000 imposed on CHAPS spol. s r.o. (hereinafter CHAPS) for abuse of a dominant position in (...)

The Czech Parliament amends the Significant Market Power Act to extend its application from retail to all levels of the agricultural supply chain
Schoenherr (Prague)
A significant amendment to the Czech Significant Market Power Act The Czech Republic have had an Act on significant market power in the sale of agricultural and food products and its abuse (the ’SMP Act’) in effect since 2010. In the light of the Directive (EU) 2019/633 on unfair trading (...)

The Polish Competition Authority fines the nation’s largest online trading platform for favoring its own downstream online store (Allegro)
Polish Competition Authority (Warsaw)
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 French Competition Authority fines a vehicle roadworthiness test company for abuse of a dominant position in Guadeloupe (CTPL)
Autorité de la concurrence (Paris)
The Autorité de la concurrence fines CTPL-AG for abuse of a dominant position* The Autorité de la concurrence fines CTPL-AG for excessive prices in the market for roadworthiness tests for heavy-duty vehicles and for favouring its sister company, which is active in the related market for (...)

The Italian Council of State annuls a €10.86M fine imposed on a ticket-seller for concluding exclusive agreements and a series of anticompetitive mergers (TicketOne)
Luiss Guido Carli University (Rome)
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Luiss Guido Carli University (Rome)
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Luiss Guido Carli University (Rome)
The dispute concerns the measure of the Italian Competition Authority (ICA) no. 28495 of 22 December 2020, proceeding A523, concerning the finding of an abuse of a dominant position and the imposition of a fine of EUR 10,868,472 on CTS, TicketOne S.p.A., Di and Gi S.r.l. in bankruptcy, F&P (...)

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

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

The EU Commission sends a Statement of Objections to a social network firm over alleged unfair trading practices and abusive tying of the firm’s online marketplace (Meta / Facebook Marketplace)
European Commission - DG COMP (Brussels)
Antitrust: Commission sends Statement of Objections to Meta over abusive practices benefiting Facebook Marketplace* The European Commission has informed Meta of its preliminary view that the company breached EU antitrust rules by distorting competition in the markets for online classified (...)

The Portuguese Competition Authority sanctions supplier of food supplements for resale price maintenance (Farmodiética)
Portuguese Competition Authority (Lisbon)
AdC sanctions supplier of food supplements* The AdC has sanctioned Farmodiética - Cosmética, Dietética e Produtos Farmacêuticos, S.A., for fixing and imposing retail prices to distributors. The case concluded earlier due to the collaboration of the company, which admitted its liability and (...)

The Chinese Supreme People’s Court issues a ruling on resale price maintenance in the automobile retail sector which is likely to prompt more follow-on antitrust litigation (Miao Chong / SAIC-GM)
Jones Day (Shanghai)
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Jones Day (Beijing)
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Jones Day (Beijing)
In Short The Development: China’s Supreme People’s Court recently ruled for the plaintiff in Miao Chong v. SAIC-GM, which marked a rare triumph for a plaintiff in antitrust litigation as a follow-on to an administrative penalty decision. The plaintiff-consumer alleged that a joint venture (...)

The French Competition Authority fines a provider of supplementary social protection services €800,000 for misleading consumers over the relationship between the firm and its subsidiary and sharing access to its databases with its subsidiary (Audiens Santé-Prévoyance / Movinmotion)
Autorité de la concurrence (Paris)
The Autorité de la concurrence fines Audiens Santé-Prévoyance, in a dominant position on the markets for collective supplementary social protection for entertainment workers, for abuse of a dominant position in the market for payroll management services for entertainment workers, in which its (...)

The Seoul High Court upholds the South Korean FTC’s decision to sanction “self-preferencing” as an abuse of dominance (NAVER Shopping)
Korea University (Seoul)
It would no longer be surprising to see competition or regulatory authorities blaming digital platforms for favouring their own services on their own platforms. In particular, in Europe, seeing the General Court’s Google decisions (see e.g., Johannes Persch’s blog posts on Shopping and (...)

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

The French Competition Authority dismisses a claim suggesting there was discrimination in the tendering process for the rights to broadcast the matches of the foremost French football league (Amazon / Canal + / beIN Sports)
Autorité de la concurrence (Paris)
Partial reawarding of the TV rights for Football Ligue 1 to Amazon: the Autorité de la concurrence rejects the complaints of the Canal + Group and beIN Sports for lack of sufficient evidence* Background The reawarding to Amazon of the broadcasting rights for Football Ligue 1 previously (...)

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

The Brazilian Government enacts the Private Enforcement Package Regulations to boost antitrust damages actions
Magalhães e Dias (São Paulo)
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Magalhães e Dias (São Paulo)
Last November, on the 10th anniversary of the Brazilian Competition Act (Law No. 12,529/2012, or BCA), a long-expected regulation aiming at incentivizing actions for antitrust damages was enacted in Brazil (the so-called “Brazilian Private Enforcement Package” – BPEP, or Law No. 14,470/2022). (...)

The Spanish Competition Authority fines a pharmaceutical company €10.25M for selling its orphan drug for the treatment of a rare disease at an excessive price (Leadiant)
Spanish Competition Authority (CNMC) (Madrid)
The CNMC fines the pharmaceutical company Leadiant 10.25 million for selling its orphan drug for the treatment of a rare disease at an excessive price.* The company has abused its dominant position as the holder of the only medicine available in Spain for the treatment of a rare disease: (...)

The Spanish Competition Authority fines the maker of an orphan medicine to treat a rare metabolic disorder €10.25M for imposing excessive prices (Leadiant)
Van Bael & Bellis (Brussels)
,
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 14/11/2022, the Spanish Competition Authority (CNMC) imposed a fine of EUR 10.25 million on Leadiant because that firm was found to have abused its dominant position by applying excessive prices for chenodeoxycholic acid, an orphan medicine indicated for the treatment of patients afflicted (...)

The German Competition Authority extends its ongoing proceedings against an e-commerce giant to include the application of new powers which will allow the Authority to review the degree to which the firm may set market rules (Amazon)
German Competition Authority (Bonn)
Extension of ongoing proceedings against Amazon to also include an examination pursuant to Section 19a of the German Competition Act (GWB)* The Bundeskartellamt has extended two ongoing abuse control proceedings against Amazon to now also include the application of the new instrument for (...)

The Spanish Competition Authority fines a drugmaker €10.25M for excessive pricing of a drug for the treatment of cerebrotendinous xanthomatosis (Leadiant)
Callol, Coca & Asociados (Madrid)
XCT is an ultra-rare metabolic disease affecting 200-250 diagnosed patients in Europe of which around 50 are in Spain. XCT has been based on an active principle denominated CDCA. Leadiant has been the only provider of CDCA based pharmaceuticals in Spain since 2010. The investigation was (...)

The Turkish Competition Authority initiates an investigation into resale price maintenance in the market for fast-moving consumer goods (Panek)
Turkish Competition Authority (Ankara)
Investigation about Panek Ziraat Aletleri Dayanıklı Tüketim Malzemeleri Otomotiv Yakıt Petrol Ürünleri Tarım Ticaret A.Ş. Initiated (25.10.2022) (10.11.2022)* The Competition Board concluded the preliminary inquiry about the claim that Panek Ziraat Aletleri Dayanıklı Tüketim Malzemeleri (...)

The US FTC files an amicus brief challenging the abuse of the FDA’s "orange book" listing procedures which allow companies to automatically block the entry of generic drugs for 30 months (Jazz Pharmaceuticals / Avadel CNS Pharmaceuticals)
US Federal Trade Commission (FTC) (Washington)
FTC Amicus Brief Challenges Abuse of FDA “Orange Book” Listing Procedures to Block Drug Competition* The Federal Trade Commission filed an amicus brief with the U.S. District Court for the District of Delaware in the case of Jazz Pharmaceuticals v. Avadel CNS Pharmaceuticals. The Brief (...)

The Turkish Competition Authority decides that a Big Tech firm illegally combined data from several of its operations which raised barriers to entry and distorted competition (Meta)
Turkish Competition Authority (Ankara)
Investigation about Meta Platforms Inc. (previously Facebook Inc.), Meta Platforms Ireland Limited (previously Facebook Ireland Limited), WhatsApp LLC and Madoka Turkey Bilişim Hizmetleri Ltd. Şti. Concluded (26.10.2022) (10.11.2022)* The investigation about Meta Platforms Inc. (previously (...)

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

The Croatian Competition Authority opens infringement proceedings against a producer of drywall gypsum boards for applying discounts under discriminatory criteria (Knauf)
Croatian Competition Agency (Zagreb)
CCA OPENS INFRINGEMENT PROCEEDING AGAINST KNAUF* The complainant basically stated that Knauf as an undertaking holding a dominant position in the relevant market in the territory of the Republic of Croatia abused its dominant position by applying dissimilar conditions to equivalent (...)

The Croatian Competition Authority opens proceedings against a supermarket for using unfair trading practices by virtue of its dominance (Tommy)
Croatian Competition Agency (Zagreb)
Implementation of the UTPS Act: CCA opens proceeding against Tommy* The Croatian Competition Agency (CCA) opened ex officio infringement proceeding within the meaning of the Act on prohibition of unfair trading practices in the business-to-business food supply chain (UTPs Act) with the view (...)

The Spanish Competition Authority shelves an investigation against the national football federation clearing it of a prior formal indictment for abuse of a dominant position (Real Federación Española de Fútbol)
Callol, Coca & Asociados (Madrid)
The CNMC has recently closed an investigation into an alleged abuse of dominance by the Royal Spanish Football Federation (Real Federación Española de Fútbol, or RFEF) concerning the commercialization of the broadcasting rights of the Second B and Third football divisions (both are (...)

The US DoJ secures a guilty plea from executives in the construction sector for attempted monopolization (Nathan Nephi Zito)
US Department of Justice (Washington)
Executive Pleads Guilty to Criminal Attempted Monopolization* Construction Company President Admits to Violating Section 2 of the Sherman Act The president of a paving and asphalt contractor based in Billings, Montana, has pleaded guilty to attempting to monopolize the market for highway (...)

The Turkish Competition Authority clears one of the most well-known sports product brands of allegations regarding resale price maintenance and discrimination (Adidas)
ACTECON (Istanbul)
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ACTECON (Istanbul)
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ACTECON (Istanbul)
Introduction The Turkish Competition Authority (“TCA”) has launched numerous investigations into whether undertakings maintain their dealers’ resale prices. These investigations include one launched into one of the most well-known sports product brands, Adidas Spor Malzemeleri Satış ve (...)

The EU Court of Justice rules that national courts may hear claims under Article 102 TFEU for excessive railway infrastructure fees only after the sector regulator has ruled on the fees’ lawfulness (DB Station)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 27 October 2022, the European Court of Justice (“ECJ”) handed down a ruling on the permissibility of private damages claims for excessive railway infrastructure fees under Article 102 TFEU. The ECJ found that a national court is precluded from awarding damages for excessive fees until the (...)

The Spanish Competition Authority fines a contraceptive products manufacturer for abuse of a dominant position over vexatious patent litigation (Merck Sharp & Dohme)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
Today, the Spanish competition authority (Comisión nacional de los mercados y la competencia - CNMC ) imposed a fine of EUR 38,934,000 on Merck Sharp & Dohme ( MSD ) because that firm allegedly abused its dominant position in the market for contraceptive vaginal rings (see, attached press (...)

The Spanish Competition Authority fines a pharmaceutical company €39M for filing unjustified lawsuits with the goal of delaying the entry of rivals into the market for female contraceptive rings (Merck Sharp & Dohme)
Spanish Competition Authority (CNMC) (Madrid)
The CNMC fines pharmaceutical company Merck Sharp and Dohme 39 million euros for abuse of a dominant position in the market for vaginal contraceptive rings* In 2017, the company took unjustified legal action against its competitor Insud Pharma under the pretext of protecting its patent. With (...)

The Spanish Competition Authority fines a contraceptive products manufacturer €39M for alleged abuse of patent rights (Merck Sharp & Dohme)
Callol, Coca & Asociados (Madrid)
This matter revolves around the disputed expiration of the patent behind Nuvaring, a vaginal ring anti-conceptive product. When Insud Pharma, the complainant in the case, entered the market using an alternative product which Merck considered stepped on its existing rights and filed a patent (...)

The Spanish Competition Authority imposes sanctions on a pharmaceutical company for misusing litigation strategies regarding patents (Merck Sharp & Dohme)
Herbert Smith Freehills (Brussels)
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Herbert Smith Freehills (Madrid)
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Herbert Smith Freehills (Madrid)
On 21 October 2022, the Spanish National Markets and Competition Commission (CNMC) imposed a €38.9 million fine on pharmaceutical company Merck Sharp and Dohme (MSD) for abusing its dominant position in the Spanish market for contraceptive vaginal rings. In particular, the CNMC concluded that (...)

The Spanish Competition Authority holds that patent litigation could be a form of abuse of dominance and imposes a €38.9M fine on a biopharmaceutical company for filing a patent suit aimed at harassing a competitor (Merck Sharp & Dohme)
Marcos Araujo Boyd Law Practice
On 21 October 2022 the Spanish CNMC imposed a fine of 38.9 million EUR on MERCK SHARP & DOHME DE ESPAÑA, S.A. and its parent company MSD HUMAN HEALTH HOLDING, B.V. (hereafter jointly ‘MSD’) for abusive practices in the Spanish market of contraceptive rings. Their breach consisted in having (...)

The Spanish Competition Authority fines a maker of female contraceptive products for abuse of dominance through vexatious litigation tactics (Merck Sharp & Dohme De España / MSD Human Health)
Marcos Araujo Boyd Law Practice
n 21 October 2022 the Spanish CNMC imposed a fine of 38.9 million EUR on MERCK SHARP & DOHME DE ESPAÑA, S.A. and its parent company MSD HUMAN HEALTH HOLDING, B.V. (hereafter jointly ‘MSD’) for abusive practices in the Spanish market of contraceptive rings. Their breach consisted in having (...)

The French Competition Authority dismisses a claim by an association of newsagents that a reseller of postage stamps for franking abused its dominance on the grounds that the case is not a priority (Culture Presse / La Poste)
Autorité de la concurrence (Paris)
Resale of postage stamps for franking: the Autorité rejects the complaint of Culture Presse against La Poste and, for the first time, makes use of the procedure of dismissal due to lack of priority* Background The Autorité de la concurrence today rejected Culture Presse’s complaint (...)

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

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

The Spanish Competition Authority opens formal antitrust proceedings against an online platform connecting consumers to hotels over concerns of abuse of economic dependence (Booking.com)
Spanish Competition Authority (CNMC) (Madrid)
The CNMC opens formal antitrust proceedings against Booking.com for possible anticompetitive practices affecting hotels and online travel agencies* The conduct under investigation may entail unfair trading conditions to hotels located in Spain. The investigation also covers practices that may (...)

The Spanish Competition Authority investigates alleged abuse of dominance by a global hotel booking platform (Booking.com)
Callol, Coca & Asociados (Madrid)
On 17 October 2022, the CNMC has formally initiated an antitrust investigation against Booking.com B.V. (Booking), a travel fare aggregator and metasearch engine for accommodation bookings, for possible anticompetitive practices prohibited under Articles 2 (abuse of dominant position) and 3 (...)

The Romanian Competition Authority opens an investigation into alleged imposition of unfair and unjustified commercial conditions by a producer of spare parts for cars (Auto Italia)
Romanian Competition Council (Bucharest)
THE COMPETITION COUNCIL HAS OPENED AN INVESTIGATION INTO A POTENTIAL ABUSE OF DOMINANT POSITION OF AUTO ITALIA* The Competition Council has opened an investigation on a possible abuse of dominant position of Auto Italia Impex SRL on the market of supplying original spare parts for the (...)

The Polish Competition Authority fines a telecoms company for charging excessive costs for agreement termination (UPC Polska)
Polish Competition Authority (Warsaw)
UPC Polska fined for excessive costs of agreement termination - decision of President of UOKiK* UPC’s customers had to pay more for termination of agreement concluded for a definite period than they would have to pay for its continuation. Tomasz Chróstny, President of the Office of Competition (...)

The French Competition Authority hands out fines worth €1M to a national gas company and its parent companies for abusing the resources at its disposal as a public service to develop its competitive activity (Gaz de Bordeaux)
Autorité de la concurrence (Paris)
Gas supply: the Autorité de la concurrence hands out fines worth one million euro to Gaz de Bordeaux and its parent companies for abusing the resources at its disposal as a public service to develop its competitive activity* Background Referred to by the French Energy sectoral regulator, (...)

The EU Commission sends a Statement of Objections to a pharmaceutical company over abusive patent filings and disparagement of generic competitors (Teva)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 10 October 2022, the European Commission (the “Commission”) announced that it had sent a Statement of Objections to Teva, a pharmaceutical company marketing Copaxone®, a medicine indicated for the treatment of specific forms of multiple sclerosis. The Statement of Objections comes over a (...)

The EU Commission sends a Statement of Objections to the developer of a multiple sclerosis medication over misuse of the patent system and disparagement of a rival (Teva)
Allen & Overy (Munich)
On 10 October 2022, the European Commission (EC) sent a Statement of Objections to Teva Pharmaceutical Industries Limited and Teva Pharmaceuticals Europe BV (Teva). The EC has provisionally found that Teva abused its dominant position in the market for the treatment of multiple sclerosis by (...)

The EU Commission sends a Statement of Objections to a drug manufacturer accusing it of regulatory gaming and denigration of competitors in breach of Article 102 (Teva)
Portolano Cavallo (Milan)
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Portolano Cavallo (Milan)
On October 10, 2022, the European Commission (“Commission”) sent a Statement of Objection (“SO”) to Teva accusing the company of denigrating a competing product and of “regulatory gaming” in management of the life cycle of its multiple sclerosis drug Copaxone, conduct deemed abusive pursuant (...)

The EU Commission issues a Statement of Objections against a pharmaceutical company over alleged abuse of dominance consisting of misuse of divisional patents and a disparagement campaign against its closest competitor (Teva)
Herbert Smith Freehills (Brussels)
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Herbert Smith Freehills (Brussels)
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Herbert Smith Freehills (Brussels)
On 10 October 2022, the European Commission (“EU Commission“) formally adopted a Statement of Objections (“SO“) against Teva over an alleged abuse of dominance concerning its blockbuster drug Copaxone, which is used in the treatment of multiple sclerosis. As we reported in March 2021, the EU (...)

The EU Commission sends a Statement of Objections to the developer of a multiple sclerosis medication over misuse of the patent system and disparagement of a rival (Teva)
European Commission - DG COMP (Brussels)
Antitrust: Commission sends Statement of Objections to Teva over misuse of the patent system and disparagement of rival multiple sclerosis medicine* The European Commission has informed Teva of its preliminary view that the company has breached EU antitrust rules by engaging in practices (...)

The Brazilian Competition Authority signs a cease and desist agreement with a health and fitness club following investigation for abuse of dominance in the minimum price fixed for health fitness activities on its platform (Gympass)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
CADE signs agreement with Gympass in Brazilian health club market* Daily fines are to be applied in case of non-compliance On 21 September 2022, the Administrative Council for Economic Defense (CADE) ratified the Cease and Desist Agreement with Gympass on the administrative enquiry that (...)

The French Competition Authority hands out fines worth €81M to a manufacturer of optical lenses and its parent company for discriminating against online opticians (Essilor)
Autorité de la concurrence (Paris)
Optical lenses sector: the Autorité de la concurrence hands out fines worth 81 067 400 euros to Essilor International SAS and its parent company EssilorLuxottica SA for discriminatory trade practices* Background Following dawn raids, interviews and discussions with the main stakeholders in (...)

The Paris Court of Appeal partially overturns the Competition Authority’s decision concerning a Big Tech company’s distribution practices, and reduces the fine imposed by two-thirds (Apple)
Hausfeld (London)
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Hausfeld (London)
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Hausfeld (London)
In a ruling dated 6 October 2022, the Paris Court of Appeal partially annulled a 2020 decision by the French competition authority (the Autorité) against Apple and two Apple products wholesalers, Tech Data and Ingram Micro. This ruling struck a blow to the Autorité, as the period for one (...)

The Paris Court of Appeal grants partial reformation of the decision of the French Competition Authority concerning practices related to the distribution of products of a Big Tech company, and reduces the fine imposed by two-thirds (Apple)
Van Bael & Bellis (Brussels)
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KU Leuven
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Van Bael & Bellis (Brussels)
On 6 October 2022, the Court of Appeal of Paris (“the Court”) granted a partial reformation of the decision of the French Competition Authority (“FCA”) of 16 March 2020 concerning practices related to the distribution of certain Apple products (the “FCA Decision”) and reduced by twothirds the (...)

The French Competition Authority fines a manufacturer of contact lenses €81M for refusing to deal with online opticians (Essilor)
KU Leuven
On 8 November 2022, the French Competition Authority (the “FCA”) published its decision of 6 October 2022 imposing a fine totalling EUR 81 million on companies belonging to Essilor group (“Essilor”) for having engaged in discriminatory business practices over a period of nearly 12 years in the (...)

The Turkish Competition Authority fines a maker of small home appliances for resale price maintenance and imposes restrictions on online sales (Arnica Pazarlama)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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Arçelik Global (Istanbul)
Introduction On 4 March 2021, the Turkish Competition Board initiated an investigation to establish whether Arnica Pazarlama AŞ (Arnica), a supplier of small home appliances, had violated article 4 of Law No. 4054 on the Protection of Competition (Law No. 4054) through: resale price (...)

The Hamburg Regional Court denies an injunction and rules there is no obligation to supply in a case concerning a major soft drinks manufacturer (EDEKA / Coca-Cola)
Hogan Lovells (Munich)
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Hogan Lovells (Hamburg)
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Hogan Lovells (Munich)
Antitrust law may restrict price increases if the preconditions of a pricing abuse are met. However, decision practice on this topic is scarce. Therefore, EDEKA’s petition for a preliminary injuction filed against Coca-Cola claiming a pricing abuse and demanding supply at lower prices has (...)

The Turkish Competition Authority imposes interim measures against the exclusive broadcaster of the Turkish Super League football games (Krea İçerik Hizmetleri)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Introduction The Turkish Competition Board (“Board”) initiated in September 2022 a preliminary investigation against Krea İçerik Hizmetleri ve Prodüksiyon A.Ş. (“Krea”), a company holding exclusive broadcasting rights of the Turkish Super League and Turkish First Division League football (...)

The Bulgarian Competition Authority publishes a Statement of Objections regarding an abusive margin squeeze by a vertically-integrated national company active in the fossil fuels industry (Lukoil-Bulgaria)
Bulgarian Commission for the Protection of Competition (Sofia)
CPC has addressed allegations for committed abuse of dominant position under art. 21 of the LPC and art. 102 of the TFEU by "Lukoil Bulgaria" EOOD* Given the socio-economic importance of fuels, due to their direct impact on the entire Bulgarian economy and on the prices of goods and services (...)

The Turkish Competition Authority imposes interim measures on a television broadcaster of Turkish Super League for providing sub-broadcasting rights in a discriminatory manner (Krea İçehim Hizmetleri)
ACTECON (Istanbul)
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ACTECON (Istanbul)
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KU Leuven (Brussels)
As per Article 9(4) of Law No. 4054 on Protection of Competition (“Competition Law”), the Turkish Competition Authority (“TCA”) is entitled to impose interim measures in order to maintain the environment before the violation, without exceeding the scope of the final decision, in case of a (...)

The Ankara 8th Regional Administrative Court reverses the 13th Administrative Court’s decision that annulled the Turkish Competition Authority’s decision on an exemption application of an FMCG company for its selective distribution agreement (Johnson & Johnson)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
This article aims to provide a case analysis of the Ankara 8th Regional Administrative Court’s (“Regional Court”) judgement annulling Ankara 13th Administrative Court’s (“Administrative Court”) judgement that annulled the Turkish Competition Board’s (“Board”) Johnson&Johnson Sıhhi Malzeme (...)

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

The Swiss Competition Authority carries out a dawn raid at the premises of a pharmaceutical company which causes it to drop its Intellectual Property infringement court actions against a competitor (Novartis / Lily)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
As we have previously reported (Van Bael & Bellis Life Sciences News and Insights, 15 September 2022), on 13 September 2022, the Swiss Competition Authority carried out an inspection at the premises of Novartis Pharma AG ( Novartis ). In parallel, Novartis received a request for (...)

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

The EU General Court confirms the Commission’s decision that a Big Tech firm imposed unlawful restrictions on manufacturers of Android mobile devices and mobile network operators in order to consolidate the dominant position of its search engine (Google Android)
General Court of the European Union (Luxembourg)
The General Court largely confirms the Commission’s decision that Google imposed unlawful restrictions on manufacturers of Android mobile devices and mobile network operators in order to consolidate the dominant position of its search engine* In order better to reflect the gravity and (...)

The EU General Court partially annuls a Commission decision against a search engine but upholds the key elements (Google Android)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
In its judgment of 14 September 2022 (the “Judgment”), the General Court partially upheld Google’s appeal against the Commission’s 2018 Google/Android decision, but upheld the decision’s most important and consequential elements, thus confirming that certain of Google’s practices regarding the (...)

The EU General Court partially annuls the Commission’s decision against a Big Tech company for non-price-based abuses of dominance (Google Android)
Cleary Gottlieb Steen & Hamilton (London)
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Cleary Gottlieb Steen & Hamilton (London)
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Cleary Gottlieb Steen & Hamilton (London)
In September 2022, the General Court partially annulled the European Commission’s 2018 Google Android decision, which fined Google €4.3 billion for abuses of dominance relating to apps it offers for its Android mobile operating system (“OS”). The Court also found that the Commission’s (...)

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

The EU General Court partially upholds the appeal against the EU Commission’s decision in relation to the abuse of dominance of a Big Tech in the mobile telecommunications sector (Google / Android)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
In its Sept. 14 judgment in Google and Alphabet v. Commission, the European Union’s General Court partially upheld Google LLC’s appeal against the European Commission’s 2018 Google Android decision, but confirmed the decision’s most important and consequential elements. The court held that (...)

The Turkish Competition Authority emphasises the importance of not turning recommended and maximum resale prices into resale price maintenance practices (Monsanto)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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Arçelik Global (Istanbul)
Introduction On 30 July 2021, Monsanto Gıda ve Tarım Tic Ltd Şti (Monsanto), a manufacturer of agricultural and vegetable seeds, herbicides and digital agricultural products, applied to the Turkish Competition Authority for the grant of negative clearance or exemption in favour of the (...)

The Turkish Competition Authority assesses competition commitments of a repair and maintenance undertaking for laser engraving machines following a finding of abuse of dominant position (SPGPrints Baskı Sistemleri)
Turkish Competition Authority (Ankara)
The Board Decision concerning the assessment of the commitment text submitted by SPGPrints Baskı Sistemleri Tic. Ltd. Şti. within the scope of the preliminary inquiry into the claim that the undertaking abused its dominant position in the market for repair and maintenance of laser engraving (...)

The German Competition Authority prohibits an airline company from termination of a coordination agreement for the provision of feeder light services on the ground of abuse of dominant position (Condor / Lufthansa)
Evangelische Kirche von Kurhessen-Waldeck
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Cleary Gottlieb Steen & Hamilton (Cologne)
After publishing its preliminary finding in February 2022, the German Federal Cartel Office (“FCO”) recently prohibited the Deutsche Lufthansa AG group (“Lufthansa”) from terminating longstanding cooperation agreements with Condor Flugdienst GmbH (“Condor”). Under the cooperation agreements, (...)

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

The German Competition Authority issues interim order to an airline forbidding the termination of cooperation agreements with a rival on the grounds that to do so would impede competition (Condor / Lufthansa)
German Competition Authority (Bonn)
Lufthansa impedes Condor in competition for long-haul flights – Bundeskartellamt secures access to feeder flights* The Bundeskartellamt prohibits Lufthansa for the time being from terminating long-standing cooperation agreements (Special Prorate Agreements, SPAs) with Condor. Andreas (...)

The Turkish Competition Authority fines an online second-hand books company for abuse of dominance (Nadirkitap)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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Freedom Now (Washington)
This article has been nominated for the 2023 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. I. Introduction The Turkish Competition Authority (“ Authority ”) has published its Nadirkitap decision in which it evaluated the allegation as to whether (...)

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

The Finnish Competition Authority fines a hardware retailer €1.75M for resale price maintenance (Iso­joen Kone­halli)
Finnish Competition and Consumer Authority (Helsinki)
The Mar­ket Court im­posed a penalty fee of EUR 1.75 mil­lion on Iso­joen Kone­halli Oy for im­pos­ing re­tailer prices in on­line stores* On 11 August 2022, the Market Court imposed a penalty fee of EUR 1.75 million on the import and hardware store Isojoen Konehalli Oy (IKH) for prohibited (...)

The Australian Federal Court voids 38 contract terms used in contracts entered into by an IT solutions firm with many thousands of small businesses for being unfair (Fujifilm Business Innovation)
Australian Competition and Consumer Commission (Canberra)
38 contract terms in 11 Fuji small business contracts declared unfair and void The Federal Court today declared that 38 contract terms used in contracts entered into by Fujifilm Business Innovation Australia or Fujifilm Leasing Australia (together, Fuji) with many thousands of small (...)

The UK Competition Appeal Tribunal agrees with the appellant that a fine imposed for anticompetitive MFC clauses should be set aside on the basis that such infringements are not by object anticompetitive and the Competition Authority had failed to prove effects (ComparetheMarket)
Cleary Gottlieb Steen & Hamilton (London)
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Cleary Gottlieb Steen & Hamilton (London)
The UK Competition Appeal Tribunal (CAT) on 8 August 2022 set aside a £17.9 million fine against price comparison website Compare The Market, criticising the Competition and Markets Authority’s (CMA) legal and evidential assessment of the case. The CAT found that the CMA’s “anecdotal (...)

The UK Competition Appeal Tribunal sets aside the decision of the Competition Authority on MFC clauses on the grounds that it had not demonstrated any appreciable adverse effects on competition to the requisite legal standard (ComparetheMarket)
Herbert Smith Freehills (London)
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Herbert Smith Freehills (London)
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Herbert Smith Freehills (London)
On 8 August 2022 the Competition Appeal Tribunal (CAT) set aside the CMA’s infringement decision in its Compare The Market investigation relating to the use of wide MFN clauses. The CAT concluded that the CMA’s definition of the relevant market in the decision was materially wrong and that (...)

The UK Competition Appeal Tribunal issues a decision which sets key considerations for market definition analysis (ComparetheMarket)
Harcus Parker (London)
In a decision by the UK Competition Appeal Tribunal (CAT) dated 19 November 2020, the CAT fined Comparethemarket (CTM), a price comparison website a fine of £17.9 million for abuse of dominance in the market for price comparison services. CTM abused its position in the market by imposing wide (...)

The Uk Competition Appeal Tribunal rejects two-sided market analysis for multi-sided platforms (ComparetheMarket)
Constantine Cannon (London)
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Constantine Cannon (New York)
UK Court Rejects Two-Sided Market Analysis for Multi-Sided Platforms* The United Kingdom Competition Appeal Tribunal (the “Tribunal”) has forcefully rejected two-sided market analysis in a well-reasoned judgment that provides a thorough and insightful discussion of how to define markets (...)

The Polish Competition Authority fines the national market leader in grain exportation for applying unfair contract terms, including penalty payments for failure to supply grain due to force majeure (PolishAgri)
Polish Competition Authority (Warsaw)
Situation on the grain market - actions of the President of UOKiK* UOKiK works actively for the protection of the farmers involved in grain production. In his latest decision, the President of UOKiK has imposed a penalty of over PLN 300,000 on PolishAgri - the leader in grain exports in (...)

The US Court of Appeals for the Tenth Circuit upholds a District Court decision dismissing a case alleging exclusionary practices on the grounds that consumer welfare is unaffected and a demonstrable intention to exclude in some situations is legitimate (Sanofi-Aventis / Mylan)
Hausfeld (San Francisco)
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Hausfeld (San Francisco)
On July 29, 2022, the Tenth Circuit affirmed the grant of summary judgment to defendants by the District of Kansas in an important, albeit at times misguided, monopolization opinion. The antitrust claim by Sanofi-Aventis U.S., LLC against Mylan, Inc. and Mylan Specialty, LP, arose from (...)

The Israeli Competition Authority fines an importer of power tools for setting a minimum resale price (Argentools)
Israel Competition Authority (Jerusalem)
NIS 5.5 Million imposed on the Israeli Importer of the Power Tools brand Makita, for setting a Minimum Resale Price* Administrative fines, in the sum of approximately NIS 250,000-320,000 were also imposed on three senior executives in the company A few days ago, the Director General of (...)

The Portuguese Competition Authority accuses a corporate group of abusing its dominant position in the payments sector
Portuguese Competition Authority (Lisbon)
The AdC accused a corporate group of abusing its dominant position in the payments sector* The Portuguese Competition Authority (Autoridade da Concorrência, AdC) issued a Statement of Objections against a corporate group for tying behavior which may restrict competition and innovation in the (...)

The Israeli Supreme Court gives a landmark ruling to support private enforcement and class actions claims against monopolists for charging unfair and excessive prices (Gafniel / Coca-Cola)
Barnea Jaffa Lande (Tel Aviv)
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Barnea Jaffa Lande (Tel Aviv)
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Barnea Jaffa Lande (Tel Aviv)
On July 26, 2022, the Israeli Supreme Court handed down a precedent-setting ruling in the Central Bottle Company (Coca-Cola Israel) case (Permission for Civil Appeal Gafniel v. Central Bottle Company Ltd.). The court determined the Economic Competition Law enables would-be plaintiffs to sue (...)

The UK Competition Authority fines two pharma companies £70M for overcharging the National Health Service (Pfizer / Flynn)
UK Competition & Markets Authority - CMA (London)
£70 million in fines for pharma firms that overcharged NHS* After reassessing part of the case, the CMA has found that Pfizer and Flynn abused their dominant positions to overcharge the NHS for a life-saving epilepsy drug. Pharmaceutical companies Pfizer and Flynn fined £63 million and £6.7 (...)

The UK Competition Authority fines two pharmaceutical firms €70M for charging excessive prices to the National Health Service (Pfizer / Flynn)
Cleary Gottlieb Steen & Hamilton (London)
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Cleary Gottlieb Steen & Hamilton (London)
The UK Competition and Markets Authority (CMA) last week fined pharmaceutical companies Pfizer and Flynn £63 million and £6.7 million for engaging in excessive pricing. In the CMA’s view, the companies charged unfairly high prices for Phenytoin capsules, a genericised anti-epilepsy drug, in (...)

The Italian Competition Authority starts an antitrust investigation against the incumbent operator for abuse of dominance in the markets for regional and intercity rail links (Trenitalia)
Municipality of Cagliari
The facts of the case In the High Speed and Regional Rail Transport case, the Italian Competition Authority (ICA) has decided to open an Article 102 TFEU enquiry against Trenitalia Spa (TI). In addition to being a high-speed (HS) train operator in competition with Nuovo Trasporto Viaggiatori (...)

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

The Italian Competition Authority opens investigation against a Big Tech for abuse of dominant position in data portability (Google)
Italian Competition Authority (Rome)
A552 - Italian Competition Authority, investigation opened against Google for abuse of dominant position in data portability* According to the Italian Competition Authority, Google allegedly hindered interoperability in sharing individuals’ data with other platforms, and particularly with (...)

The German Competition Authority subjects an online marketplace platform to stricter regulation after declaring the company to be of paramount significance for competition across markets (Amazon)
German Competition Authority (Bonn)
Amazon now subject to stricter regulations – Bundeskartellamt determines its paramount significance for competition across markets (Section 19a GWB)* Yesterday, the Bundeskartellamt formally determined that Amazon.com, Inc. based in Seattle, USA, is an undertaking of paramount significance (...)

The UK Competition Authority investigates a Big Tech company’s online marketplace over suspected anti-competitive practices (Amazon)
UK Competition & Markets Authority - CMA (London)
CMA investigates Amazon over suspected anti-competitive practices* The CMA is investigating Amazon over concerns that practices affecting sellers on its UK Marketplace may be anti-competitive and could result in a worse deal for customers. This new investigation follows a current European (...)

The New Caledonian Competition Authority sanctions an optical company for abuse of dominance in the market for the distribution of eyeglasses in North Province (Mutuelle du nickel)
New Caledonia Competition Authority (Noumea)
Dismissal for cartel but penalty for abuse of a dominant position by the Mutuelle du nickel for denigration to the tune of 2.5 MF in the sector of the distribution of optical equipment and medical eyewear (Decision No. 2022-PAC- 04 rect of 6/30/22)* Following the complaint of the union of (...)

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

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

The Italian Competition Authority finds abusive conducts interfering with a competitive tender procedure for the selection of providers of local public transport services in Tuscany (Regione Toscana / Gara per l’affidamento del servizio di trasporto pubblico locale)
Municipality of Cagliari
The Italian Competition Authority finds abusive conducts interfering with a competitive tender procedure for the selection of providers of local public transport services in Tuscany (Gara TPL Tuscany) By an infringement decision handed down in the case Gara TPL Toscana, the Italian (...)

The German Competition Authority initiates proceedings against a Big Tech for possible anti-competitive restrictions on map services (Google Maps)
German Competition Authority (Bonn)
Proceeding against Google for possible anti-competitive restrictions of map services (Google Maps Platform)* Bonn, 21 June 2022: The Bundeskartellamt has initiated a proceeding against Google Germany GmbH, Hamburg and Alphabet Inc., Mountain View, USA. The proceeding is to examine possible (...)

The UK Competition Authority fines a domestic light fittings company £1.5M for restricting the level of discounts retailers could offer to customers online (Dar Lighting)
UK Competition & Markets Authority - CMA (London)
Dar Lighting fined £1.5 million for illegally preventing online price discounts* The CMA has issued millions of pounds worth of fines in recent years to firms, including those in the lighting and musical instrument sectors, for preventing retailers from offering discounts online. Most (...)

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

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

The EU General Court annuls the Commission’s decision regarding a dominant chip manufacturer as a result of insufficient analysis of anticompetitive effects and on procedural grounds (Qualcomm)
McDermott Will & Emery (Paris)
,
McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Paris)
On June 15, 2022, the EU General Court (GCEU) annulled the EU Commission’s (EC) decision C (2018) 240 final dated January 24, 2018 in Case AT.40220 in which the EC had imposed a fine of EUR 997.439 million on Qualcomm Inc. (Qualcomm) for having allegedly abused its dominant position on the (...)

The EU General Court annuls in its entirety the Commission’s decision to fine a chipmaker €1B for exclusivity payments to a smartphone manufacturer on the grounds that the economic analysis was unsubstantiated and procedural errors undermined the rights of the defence (Qualcomm)
Toyota (Brussels)
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Van Bael & Bellis (Brussels)
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University of Michigan Law School (Ann Arbor)
On 15 June 2022, the General Court of the European Union (“GC”) upheld all of Qualcomm’s arguments and therefore annulled the decision of the European Commission (“Commission”) fining Qualcomm € 1 billion for abuse of dominant position on the Long-Term Evolution (“LTE”) chipsets market. In (...)

The EU General Court annuls the Commission’s decision imposing a near-billion euro fine on a chip manufacturer for exclusivity payments to phone producer (Qualcomm)
Clifford Chance (London)
The judgment is a rare full annulment in an abuse of dominance case, and the first of an Article 102 TFEU decision adopted by Commissioner Margrethe Vestager. Background On 24 January 2018, the European Commission (EC) imposed a fine of EUR 997 million on Qualcomm for breaching Article 102 (...)

The Spanish Competition Authority fines an energy company €4.9M for abusively providing its own renewable energy business with favourable access to the grid through access nodes which it attained by virtue of its dominance (Enel)
Spanish Competition Authority (CNMC) (Madrid)
The CNMC fines Enel Green 4.9 million euros for abusing its dominant position in two access nodes to the power transmission network* Enel Green Power S.L. (Enel Green) abused its status as the so-called “Sole Node Interlocutor” (IUN in Spanish) in two access nodes to the power transmission (...)

The Spanish Competition Authority imposes a €4.9M fine on an energy grid and utility company for providing access to the grid on more favourable terms to its own downstream business than it does to rivals (Enel)
Van Bael & Bellis (Brussels)
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Legance - Studio Legale (Milan)
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Van Bael & Bellis (Brussels)
On 10 June 2022, the Spanish Competition Authority (“SCA”) found that Enel Green Power SL (“Enel”), and its parent company Endesa Generación SA (“Endesa”) infringed the Spanish national provision prohibiting abuses of dominant position by taking advantage of its dominant position in the market (...)

The Hellenic Competition Authority carries out an unannounced inspection into the transport industry
Hellenic Competition Commission (Athens)
Unannounced inspection by the HCC in the transport industry* On 2/6/2022, officials of the Hellenic Competition Commission (HCC) carried out an unannounced inspection at the premises of an undertaking active in the transport sector, in the context of investigating a possible abuse of (...)

The French Supreme Court agrees with the Paris Court of Appeal’s decision reducing a €25M fine to €21M for abuse of dominance by obstructing the entrance of generic drugs onto the market (Janssen-Cilag)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 1 June 2022, the French Supreme Court (Cour de cassation) upheld the judgment of the Paris Court of Appeal, which in turn largely upheld the 2017 decision of the French Competition Authority (FCA) to impose fines of EUR 25 million on Janssen Cilag and its parent company Johnson & (...)

The French Supreme Court rejects an appeal by a pharmaceutical company which alleged that a €21M fine imposed by the Competition Authority was erroneous (Janssen-Cilag)
Dechert (Paris)
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Dechert (Paris)
On 1 June 2022, the French Supreme Court (the “Supreme Court”) entirely dismissed the appeal of Janssen-Cilag (“Janssen”) and its parent company Johnson & Johnson against a judgment of the Paris Court of Appeal (the “Court of Appeal”) of 11 July 2019 in the Durogesic® case. However, this (...)

The Italian Competition Authority fines a drug manufacturer €3.5M for charging excessive prices to the National Health Service for a life-saving drug (Leadiant)
Italian Competition Authority (Rome)
A524 - ICA fines Leadiant 3,5 million euros for abusing its dominant position* The Italian Competition Authority (ICA) found that since June 2017 Leadiant has charged the Italian NHS unfairly excessive prices for the sale of a life-saving drug. Similar proceedings were conducted by (...)

The German Competition Authority closes its investigation into resale price maintenance by a provider of billing software for hospitality companies after external lawyers demonstrate compliance (Orderman)
German Competition Authority (Bonn)
Imposing minimum advertised prices in online sales* The Bundeskartellamt has terminated an administrative proceeding against Orderman GmbH (Orderman) without issuing a formal decision. The subject of the proceeding was a possible violation of the German and European prohibitions of (...)

The UK Competition Authority probes a Big Tech company over potential abuse of dominance in ad tech (Google)
UK Competition & Markets Authority - CMA (London)
Google probed over potential abuse of dominance in ad tech* The CMA is investigating whether Google has broken the law by restricting competition in the digital advertising technology market. CMA launches second investigation into Google’s practices in ad tech, following launch of probe into (...)

The Spanish Competition Authority fines the national kennel club for abusing its dominant position by hindering the expansion of rivals through, inter alia, imposing high switching costs (Royal Canine Society of Spain)
Ashurst (Madrid)
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Ashurst (Madrid)
On 26 May 2022, the CNMC fined the Royal Canine Society of Spain ("RSCE") almost EUR 143,000 for abusing its dominant position in several markets related to purebred dogs by hindering the activity of rival associations and discriminating against canine judges. The CNMC launched its (...)

The Spanish Competition Authority fines the national kennel club for imposing unfair conditions on dog owners and raising barriers to entry for potential rivals (Royal Canine Society of Spain)
Spanish Competition Authority (CNMC) (Madrid)
The CNMC fines the Royal Canine Society of Spain for hindering the activity of rival associations and discriminating against canine judges.* The Royal Canine Society of Spain (RSCE in Spanish) has abused its dominant position to hinder the entry of other organisations, which are authorised by (...)

The Ankara Regional Administrative Court partially annuls a decision by the Competition Authority which imposed restrictive interim measures on an e-commerce platform for alleged abusive self-preferencing conduct (Trendyol)
ACTECON (Istanbul)
Until recent times, an interim measure decision of the Turkish Competition Authority (“TCA”) was something hard to come by. However, with the growing prominence of digital markets and the equally strong response from the competition authorities, that situation has changed as well. The latest (...)

The Amsterdam Court of Appeal rules that two Dutch collective rights organisations abused their joint dominant position by applying unequal conditions when licensing music to cafés and restaurants (Buma / Stemra)
Maverick Advocaten (Amsterdam)
The Amsterdam Court of Appeal has ruled that Buma/Stemra has abused its dominant position in relation to suppliers of music for cafés and restaurants. Buma/Stemra applied unequal conditions to streaming services and failed to take measures to remove that inequality. Buma/Stemra was ordered to (...)

The Dutch Competition Authority warns wholesalers against illegally restricting retailers’ freedom to set their own prices
Netherlands Authority for Consumers & Markets- ACM (The Hague)
ACM warns suppliers that restrict the freedom of retailers to set their own retail prices* In recent months, the Netherlands Authority of Consumers and Markets (ACM) has warned several suppliers that they may have illegally influenced the retail prices of their products that retailers sell. (...)

The Mexican Competition Authority investigates possible relative monopolistic practices in the market for access to commercial spaces and the provision of commercial services in the airports of the South-Southeast of Mexico
Mexican Competition Authority (Mexico City)
Cofece investigates possible relative monopolistic practices in the market of access to commercial spaces and the provision of commercial services in the airports of the South-Southeast of Mexico* The flow of passengers transiting the investigated zone on amounted to more than 9.35 million in (...)

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)
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 Turkish Competition Authority rejects an allegation that an online food delivery company has abused its dominant position through most favoured customer practices and de facto exclusivity (Yemek Sepeti)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
This case summary aims to offer insight on the Turkish Competition Board’s (“Board”) Yemek Sepeti Decision (“Decision”), whereby the Board examined the allegation that Yemek Sepeti Elektronik İletişim Perakende Gıda Lojistik A.Ş. (“Yemek Sepeti”) had abused its dominant position, violating (...)

The New Caledonian Competition Authority fines a funeral company for abusing its dominant position by implementing a confuse and capture strategy (Transfunéraire)
New Caledonia Competition Authority (Noumea)
Sanction of the company Transfunéraire for abuse of a dominant position in the funeral directors sector (decision no. 2022-PAC-03 of May 17, 2022)* In its decision n° 2022-PAC-03 of May 17, 2022, the Competition Authority sanctions the company Transfunéraire, on the basis of article Lp. (...)

The Italian Competition Authority fines a pharmaceutical company for charging excessive prices for an orphan drug (Leadiant)
Municipality of Cagliari
The Italian Competition Authority (ICA) has recently closed an Article 102 TFEU enquiry against a pharmaceutical company in the Leadiant case with an infringement decision. The ICA found that Leadiant, had abused its dominant position by charging highly disproportionate prices for a drug (...)

The New Caledonian Competition Authority sanctions a funeral director for abusing its dominant position and cartelisation (Pompes Funèbres / AZ Décès)
New Caledonia Competition Authority (Noumea)
Penalty of the company Pompes Funèbres Calédoniennes (PFC) for abuse of a dominant position and for an agreement with the company AZ Décès (decision no. 2022-PAC-02 of May 17, 2022)* In its decision n° 2022-PAC-02 of May 17, 2022, the Authority sanctions the company Pompes Funèbres (...)

The EU Court of Justice preliminarily determines that discriminatory access to data may constitute an abuse of a dominant position (Enel)
Ashurst (Brussels)
On 12 May 2022, the European Court of Justice ("the Court") delivered a preliminary ruling on abuse of dominance through the exploitation of data. As the historic monopolist, ENEL had access to customer data which it used to strengthen its position. Key takeaways ENEL prevented its (...)

The EU Court of Justice delivers a ruling which sheds more light on non-price abuses under Article 102 TFEU in relation to conduct which constitutes an abuse of dominance and the interpretation of the concept of "competition on the merits" (Servizio Elettrico Nazionale)
Hausfeld (London)
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Hausfeld (London)
Exclusionary non-price abuses under Article 102 TFEU: useful guidance from the CJEU The recent ruling by the Court of Justice of the European Union (CJEU) in C-377/20, Servizio Elettrico Nazionale and Others v Autorità Garante della Concorrenza e del Mercato is a helpful summary of the (...)

The German Competition Authority finds a Big Tech company to be of paramount significance to competition across markets and determines new rules can be applied to control for abuse of dominance (Meta)
German Competition Authority (Bonn)
New rules apply to Meta (formerly Facebook) – Bundeskartellamt determines its “paramount significance for competition across markets”* The Bundeskartellamt has formally determined the paramount significance for competition across markets of Meta Platforms, Inc., Menlo Park, USA. The toolkit (...)

The EU Commission preliminarily finds an abuse of dominance by a Big Tech firm based on denying access to essential hardware that would allow other apps to compete with its payment feature (Apple Pay)
European Commission - DG COMP (Brussels)
Antitrust: Commission sends Statement of Objections to Apple over practices regarding Apple Pay* The European Commission has informed Apple of its preliminary view that it abused its dominant position in markets for mobile wallets on iOS devices. By limiting access to a standard technology (...)

The UK Competition Authority opens an investigation into the largest provider of information management systems to schools (Education Software Solutions)
UK Competition & Markets Authority - CMA (London)
CMA to investigate ESS’s move to three-year contracts for schools* The CMA is investigating whether education software company ESS is abusing a dominant position to push schools into accepting a new 3-year contract. The investigation will assess concerns around a contract change made by (...)

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)
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 German Competition Authority issues a Statement of Objections against contractual clauses used in train mobility platforms as constituting an abuse of market power (Deutsche Bahn)
German Competition Authority (Bonn)
Fair competition for digital mobility services – Bundeskartellamt issues statement of objections against Deutsche Bahn due to possible hindrance of mobility platforms * The Bundeskartellamt has come to the preliminary conclusion that certain practices and contractual clauses used by (...)

The Turkish Competition Authority concludes investigation for abuse of dominance by an online platform in the market for second-hand books (Nadirkitap Bilişim)
Turkish Competition Authority (Ankara)
Investigation concerning Nadirkitap Bilişim ve Reklamcılık AŞ was concluded (12.4.2022) (15.4.2022)* The investigation conducted upon the claim that Nadirkitap Bilişim ve Reklamcılık AŞ, which carries out intermediation services in the market for online sales of second hand books via the (...)

The Indian Competition Authority opens an investigation into two online food delivery platforms about whether they abuse their dominance in the market (Zomato / Bundl Technologies)
Khaitan & Co (Mumbai)
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Trilegal (Mumbai)
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Khaitan & Co (New Delhi)
The conflict between online food delivery platforms and the National Restaurant Association of India (NRAI) is about to reach boiling point. The NRAI filed allegations of anticompetitive practices against the offending parties (OPs) – Bundl Technologies Private Limited (Swiggy) and Zomato (...)

The Italian Competition Authority fines ferry operator for excessive pricing (Caronte & Tourist)
Link Campus University (Rome)
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Cleary Gottlieb Steen & Hamilton (London)
The Italian Competition Authority (the “ICA”) fined ferry operator Caronte & Tourist (“C&T”) €3.7 million for having charged excessive prices on a ferry transportation route between Sicily and Calabria between 2017 and 2019 (the “Decision”). I. The investigation In July 2020, the (...)

The Lithuanian Competition Authority terminates an investigation into suspected abuse of dominance in the waste management sector (Toksika)
Lithuanian Competition Authority (Vilnius)
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 Regional Administrative Court of Lazio annuls a decision to fine a online ticket seller €10.8M for abuse of dominance on the grounds that mergers cannot be considered abusive, thus declaring Continental Can inapplicable following the passing of the EUMR (TicketOne)
Van Bael & Bellis (Brussels)
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Toyota (Brussels)
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Van Bael & Bellis (Brussels)
On 24 March 2022, an Italian administrative court (“TAR Lazio” or “court”) annulled the Italian Competition Authority (“ICA”) decision imposing a fine of €10.8 million on several companies belonging to the music ticketing and marketing group CTS Eventim-TicketOne (“TicketOne”) for abuse of its (...)

The UK Competition Authority fines a lighting supplier £1.5M for breaking competition law by restricting the level of discounts retailers could offer online (Dar Lighting)
UK Competition & Markets Authority - CMA (London)
Dar Lighting fined after ignoring warnings on restricting discounts* The CMA has fined Dar Lighting Ltd £1.5 million for breaking competition law by restricting the level of discounts retailers could offer online. The lighting supplier failed to take sufficient action after 2 written (...)

The UK Competition Authority fines a lighting products supplier £1.5M for engaging in resale price maintenance (Dar Lighting)
DWF (Manchester)
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DWF (London)
The CMA has fined Dar Lighting Limited £1.5M for engaging in resale price maintenance. In this article we explore this case, which serve as a useful reminder that businesses can still fall foul of competition law even in the absence of direct anti-competitive provisions. Background The UK (...)

The Slovak Competition Authority imposes a fine of €58, 000 on an undertaking for abuse of dominant position in the market for collective rights management
Slovak Competition Authority (Bratislava)
ABUSE OF DOMINANT POSITION: AMO SR imposed an almost 58 thousand euros fine for the abuse of dominant position in collective rights management* The conduct of undertaking concerned by decision was anti-competitive. On 23 February 2022 the Antimonopoly Office of the Slovak Republic, the (...)

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

The Paris Court of Appeal rules that a Big Tech firm did not abruptly terminate a contract with an advertising partner because the termination was objectively justified and a legitimate exercise of commercial freedom (Ulysse / Google) Free
McDermott Will & Emery (Paris)
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McDermott Will & Emery (Paris)
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McDermott Will & Emery (Paris)
On March 11, 2022, the Paris Court of Appeals overturned in its entirety a May 31, 2019 judgment of the Paris Commercial Court, which had ordered Google to compensate an advertiser, Ulysse Service (’Ulysse’), for the abrupt termination of established commercial relationships. In this case, the (...)

The Paris Court of Appeal rejects a damage claim based on an abuse of dominant position without definition of the relevant market (Schneider Electric)
LPA-CGR Avocats (Paris)
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LPA-CGR Avocats (Paris)
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LPA-CGR avocats
In a decision dated March 9, 2022 (No. 19/19747), the Paris Court of Appeal ruled on a competition damage claim action for abuse of dominant position brought against Schneider Electric France and Schneider Electric SA by a company specializing in the installation, maintenance and repair of all (...)

The Croatian High Administrative Court strikes out a claim by a food wholesaler which sought to overturn a fine for the implementation of unfair trade practices (Kaufland Hrvatska)
Croatian Competition Agency (Zagreb)
UTPS: ANOTHER LEGALLY VALID DECISION: HIGH ADMINISTRATIVE COURT DISMISSES APPEAL OF RE-SELLER KAUFLAND* The High Administrative Court of the Republic of Croatia dismissed the appeal of the re-seller Kaufland Hrvatska k.d. from Zagreb and upheld the ruling of the Administrative Court in (...)

The US DoJ declares that it is prepared to bring criminal charges against individuals who violate the prohibition on market monopolization
Hogan Lovells (Washington)
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Hogan Lovells (Washington)
In remarks made during a panel discussion at the ABA’s National Institute on White Collar Crime on 2 March, Antitrust Division Deputy Assistant Attorney General Richard Powers said that the Department of Justice Antitrust Division (the Division) is prepared to bring criminal charges against (...)

The Indian Competition Authority orders an investigation into abuse of dominance by a national broadcasting company through discriminatory discounts (Asianet Digital Network / Star India Private / Disney Broadcasting India / Asianet Star Communications)
Lakshmikumaran & Sridharan (New Delhi)
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Lakshmikumaran & Sridharan (New Delhi)
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Lakshmikumaran & Sridharan (New Delhi)
BRIEF FACTS: An information was filed by Asianet Digital Network (P) Ltd. (“Asianet”) against Star India (P) Ltd. (“Star”), Disney Broadcasting (India) Limited (“Disney”) and Asianet Star Communications Private Limited (“ASC”) alleging abuse of dominance. Asianet, is a multi-system operator (...)

The Chinese SAMR fines a national pharmaceutical company $1.4M for resale price maintenance (Geistlich Trading)
AnJie Broad Law (Beijing)
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AnJie Broad Law (Beijing)
Beijing AMR fines Geistlich Trading (Beijing) over monopoly agreement* On 28 February 2022, the State Administration for Market Regulation (SAMR) published an administrative penalty decision against Geistlich Trading (Beijing) Co Ltd for engaging in monopoly agreements of resale price (...)

The Brazilian Competition Authority suspends exclusivity contracts on the wellness platforms market (Gympass / Totalpass)
Vinicius Marques de Carvalho Advogados (VMCA) (Sao Paulo)
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Universidade de Brasília (Brasília)
The Administrative Council for Economic Defence (CADE) has prohibited corporate wellness platform Gympass from executing exclusivity contracts with its clients. In its decision, the CADE considered such arrangements as potentially exclusionary as they prevent new entrants in the market from (...)

The Spanish Competition Authority fines the national postal company EUR 32.6 Million for abusing its dominant position through rebates (Correos)
Bird & Bird (Madrid)
On February 18, 2022, the Spanish Competition Authority (“CNMC”) decided to fine the National Postal Company, Correos, EUR 32.6 million after concluding that the application of certain discounts would have had a potential foreclosing effect on the retail market for the provision of traditional (...)

The Cypriot Competition Authority imposes a fine of €271,385.11 on a pasteurized cow milk company for abuse of dominance through excessive pricing (Charalambides-Christis)
Commission for the Protection of Competition of the Republic of Cyprus (Nicosia)
The Commission for the Protection of Competition imposed a fine on Charalambides-Christis Ltd amounting to €271,385.11 for infringements of article 6(1)(a) of the Protection of Competition Laws and corresponding article 102(a) of the Treaty on the Functioning of the European Union* The (...)

The Brazilian Competition Authority issues an interim decision on exclusivity agreements in the market for gyms (Gympass / Totalpass)
Charles River Associates International (CRA) (São Paulo)
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Charles River Associates International (CRA) (São Paulo)
Introduction. In 2020, the wellness platform Totalpass filed a complaint before the Brazilian antitrust authority (CADE) claiming that a competitor, Gympass, had imposed exclusivity agreements to more than 80% of the gyms in Brazil, which hindered the entry of new competitors and maintained (...)

The Spanish Competition Authority fines a company €32.6M for abusing a dominant position in the traditional postal services market (Correos)
Spanish Competition Authority (CNMC) (Madrid)
The CNMC fines Correos 32.6 million euros for applying an anti-competitive discount system for large customers* This is an abuse of a dominant position prohibited by the Law for the Defence of Competition and the Treaty on the Functioning of the European Union. This conduct would have (...)

The French Competition Authority fines an electricity provider and several of its subsidiaries €300M for abuse of a dominant position (Engie / EDF)
Autorité de la concurrence (Paris)
As part of a negotiated procedure, the Autorité fines EDF 300 million euros, and several of its subsidiaries, for abuse of a dominant position* Background Following a complaint from Engie and the carrying out of dawn raids, the Autorité de la concurrence issues today a decision by which it (...)

The French Competition Authority fines an electricity supplier €300M for abuse of dominance (Engie / EDF)
University of Paris I Panthéon-Sorbonne
The French Competition Authority ("FCA") has fined Électricité de France ("EDF") EUR 300 million for taking advantage of its dominant position as public provider of regulated electricity tariffs. It was found that EDF engaged in conduct with the objective of maintaining its market share in the (...)

The Spanish Competition Authority fines the national postal service for €32.6M for offering conditional rebates to certain customers (Correos)
Callol, Coca & Asociados (Madrid)
The CNMC fined Sociedad Estatal Correos y Telégrafos, S.A., S.M.E. (Correos), the national postal service company, €32.6 million for the application of an anti-competitive system of discounts to large customers prohibited by Article 2 of the Spanish Competition Act and Article 102 TFEU (...)

The French Competition Authority fines a pet transportation company €65K for abusing its dominant position in the air freight transport of pets to French Polynesia (Goldenway International Pets)
Autorité de la concurrence (Paris)
Air freight transport of pets to Polynesia: the Autorité de la concurrence fines a company for abuse of a dominant position* Background Following a report transmitted by the French Directorate General for Competition Policy, Consumer Affairs and Fraud Control (DGCCRF) and an investigation (...)

The Dutch Competition Authority finds that the revised conditions imposed by a Big Tech on dating-app providers are unreasonable and creates barriers to entry (Apple)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
ACM: Developing a new app is an unnecessary and unreasonable condition that Apple imposes on dating-app providers* The Netherlands Authority for Consumers and Markets has concluded that the revised conditions that Apple has imposed on dating-app providers are unreasonable, and create an (...)

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)
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 UK Competition Authority grants a claim for damages against a railway company (Achilles / Network Rail Infrastructure)
Cleary Gottlieb Steen & Hamilton (London)
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Cleary Gottlieb Steen & Hamilton (London)
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Cleary Gottlieb Steen & Hamilton (London)
The Competition Appeal Tribunal (CAT) has granted a claim for damages by Achilles Information Limited (“Achilles”) against Network Rail Infrastructure Limited (“Network Rail”). The Judgment is the CAT’s first damages award arising from a standalone claim since 2016, and follows the CAT’s (...)

The Dutch Competition Authority ceases an investigation into a pharma company after it promises to halt potentially abusive discounting of an arthritis drug (Pfizer)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Drug manufacturer Pfizer to discontinue its steering pricing structure for Enbrel following discussions with ACM* Drug manufacturer Pfizer will no longer persuade hospitals in the Netherlands into purchasing anti-rheumatic drug Enbrel through its discount schemes. Pfizer has informed the (...)

The Larnaca District Court issues an award of €257K to a grain distributor and retailer as compensation for suffering from predatory pricing (AGS Agrotrading / Cyprus Grain Commission)
Harris Kyriakides (Cyprus)
Cyprus Courts issue their first judgment awarding civil law damages for breach of competition laws. In the first decision issued by the Cyprus Courts on damages to a corporation as a result of infringement of competition laws, the Larnaca District Court awarded on 9 February 2022 the total (...)

The German Competition Authority preliminarily assesses that an airline company is entitled under competition law to have access to feeder flights operated by a rival to transport its long-haul passengers (Condor / Lufthansa)
German Competition Authority (Bonn)
Bundeskartellamt preliminarily objects to Lufthansa’s impediment of Condor in the long-haul business* The Bundeskartellamt preliminarily assesses that Condor is entitled under competition law to have access to feeder flights operated by Lufthansa to transport its long-haul passengers. (...)

The German Federal Supreme Court rules that railway infrastructure usage charges by a railway infrastructure maintenance company amount to an abuse of dominance notwithstanding regional factors (DB Netz)
Arnecke Sibeth Dabelstein (Frankfurt)
Facts The plaintiff is claiming repayment from the defendant of train path usage charges paid for the period from December 2009 to December 2010 plus interest insofar as these are based on so-called ’regional factors’ (Regionalfaktoren). The defendant DB Netz AG, the infrastructure (...)

The Croatian Competition Authority fines a dominant buyer of oranges for refusing to pay a supplier (Filip)
Croatian Competition Agency (Zagreb)
UNFAIR TRADING PRACTICES: CCA IMPOSES HRK 60,000 FINE ON MANDARIN ORANGES BUYER FILIP* The Croatian Competition Agency (CCA) opened ex officio infringement proceeding against the mandaring oranges buyer Filip within the meaning of the Act on prohibition of unfair trading practices in the (...)

The Croatian Competition Authority opens an official investigation into the national postal service for potentially abusing its dominant position by charging a levy on customs brokers dealing with international e-commerce orders (Hrvatska Pošta)
Croatian Competition Agency (Zagreb)
CCA OPENS INFRINGEMENT PROCEEDING AGAINST CROATIAN POST* On 3 February 2022 the Croatian Competition Agency (CCA) opened ex officio infringement proceeding against the undertaking HP – Hrvatska pošta d.d. (HP) with its seat in Zagreb to investigate whether HP abused its dominant position (...)

The Slovak Competition Authority imposes a fine of €298,000 on an undertaking for abuse of dominant position in the field of waste management
Slovak Competition Authority (Bratislava)
ABUSE OF DOMINANT POSITION: AMO SR imposed fine of almost 298 thousand euros for the abuse of dominant position in the field of waste management* AMO SR evaluated the conduct of undertaking as the practice of applying unfair trading conditions. On 31 January 2022 the Antimonopoly Office (...)

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

The EU General Court annuls a €1.06B fine imposed by the Commission on a chip maker based on economic evidence (Intel)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
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De Brauw Blackstone Westbroek (Amsterdam)
Three’s a charm for Intel: On judicial review of economic evidence to rebut a legal presumption* In 2009, the European Commission imposed what was then a record-breaking fine of EUR 1.06 billion on Intel for abuse of dominance. Intel’s initial action for annulment was dismissed by the (...)