Dominance Research Program

Unilateral Practices

The UK Competition Appeal Tribunal increases the Competition Authority’s fine imposed on a musical instrument firm for abuse of dominant position (Roland)
United Kingdom’s Competition Authority - CMA (London)
CAT increases fine after musical instrument firm breaks settlement bargain* The CMA has welcomed a Competition Appeal Tribunal judgment dismissing an appeal against a fine it imposed, instead increasing the fine from £4m to £5m. In June 2020, the Competition and Markets Authority (CMA) fined (...)

The Russian Supreme Court confirms the Competition Authority’s decision to sanction a national railway company for abuse of dominant position (Russian Railways)
Russian Federal Antimonopoly Service (Moscow)
The cassation supported decision of the FAS russia in relation to russian railways* The company violated antimonopoly legislation and abused its dominant position The Arbitration Court of the Moscow District supported the position of the FAS Russia in relation to Russian Railways JSC. As the (...)

The Chinese Competition Authority fines $2.8 billion an online market platform for abusing its dominant position (Alibaba)
University of Macau - Faculty of Law (Macau)
China’s antitrust penalty for Alibaba: reading between the lines* On 10 April 2021, the State Administration for Market Regulation (SAMR), China’s competition authority responsible for the enforcement of the Anti-Monopoly Law (AML), announced the imposition of CNY 18 billion fine on Alibaba for (...)

The EU Commission opens a formal investigation to assess whether a power exchange company abused its dominant position (EPEX Spot)
DG COMP (Brussels)
Antitrust: Commission opens investigation into possible anticompetitive behaviour by the power exchange EPEX Spot* The European Commission has opened a formal investigation to assess whether the power exchange EPEX Spot SE (‘EPEX Spot’) has been taking advantage of its dominant position to (...)

The Polish Competition Authority initiates proceedings against a company for abusing its bargaining power in the grain and rapeseed market (PolishAgri)
Polish Competition Authority (Warsaw)
Superior bargaining power - proceedings of the President of UOKiK against PolishAgri* President of UOKiK Tomasz Chróstny brought charges against PolishAgri, a company that buys and sells grain and rapeseed. The company may be unfairly abusing its superior bargaining power against suppliers. The (...)

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

The EU Commission opens an investigation into an electricity wholesaler’s behaviour in the Greek energy market (PPC)
DG COMP (Brussels)
Antitrust: Commission opens investigation into PPC’s behaviour in the Greek wholesale electricity market* The European Commission has opened a formal antitrust investigation to assess possible abusive behaviour by Public Power Corporation (‘PPC’) in the wholesale Greek electricity sector. (...)

The Turkish Competition Authority closes an investigation against an alcohol manufacturer for an alleged abuse of dominance in respect of the non bis in idem principle (Mey İçki)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
In September 2011, the Turkish Competition Authority (the “Authority”) initiated a preliminary investigation against Mey İçki, a subsidiary of Diageo plc. in order to decide whether it violated Article 6 of Law No. 4054 on Protection of Competition (“Law No.4054”) in the Turkish market for rakı (...)

The Indian Competition Authority issues an interim behavioral remedy to relist franchise hotel properties on certain platforms before concluding the abuse of dominant position investigation against them (MMT-Go / Treebo / FabHotels)
CUTS Institute of Regulation & Competition (New Delhi)
In a first-of-its-kind order, the Competition Commission of India (“CCI”) has used its power to grant interim relief to applicants in a two-sided digital market. On 9 th March 2021, CCI ordered MMT-Go to relist properties of Treebo and FabHotels on its platform. CCI received information against (...)

The Indian Competition Authority grants interim relief to hotel franchisees in the online travel agents’ market (MMT-GO / Treebo / FabHotels)
Khaitan (New Delhi)
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Khaitan (New Delhi)
Although India’s competition law has contained an interim measure provision since inception, two things stood about the Competition Commission’s (“Commission”) usage of interim measures – (i) the overall frequency (or lack) of its usage; and (ii) its limited usage in a low shelf-life Bollywood (...)

The Italian Competition Authority closes its investigation against a national gas distributor for an alleged abuse of dominant position after it addressed competition concerns (Italgas)
Italian Competition Authority (Rome)
ICA: Italgas commitments accepted for the tender concerning the gas distribution service in some municipalities of the province of Venice* According to the Authority, the competitive concerns that had led to the opening of the investigation in May 2020 have been solved L’Autorità Garante della (...)

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

The EU Commission investigates for the first time a case relating to divisional patent filing and litigation strategies in the pharmaceutical sector (Teva)
Herbert Smith Freehills (Brussels)
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Herbert Smith Freehills (London)
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Herbert Smith Freehills (London)
On 4 March 2021 the EU Commission announced it has launched a formal investigation into possible anti-competitive conduct by pharmaceutical company Teva in relation to its blockbuster drug Copaxone, which is used in the treatment of multiple sclerosis. The patent for the active ingredient in (...)

The EU Commission opens a formal investigation into possible anticompetitive conduct of a global pharmaceutical company in relation to a blockbuster multiple sclerosis medicine (Teva)
DG COMP (Brussels)
Antitrust: Commission opens formal investigation into possible anticompetitive conduct of Teva in relation to a blockbuster multiple sclerosis medicine* The European Commission has opened a formal antitrust investigation to assess whether the pharmaceutical company Teva has illegally delayed (...)

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

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

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

The Romanian Competition Authority opens an investigation into possible abuse of dominance of a national telecommunications company (Telekom Romania Communications)
Romanian Competition Council (Bucharest)
The Competition Council opens investigation into possible abuse of dominant position of Telekom Romania communications SA* The Competition Council is carrying out an investigation regarding a possible abuse of a dominant position of Telekom Romania Communications SA on the market of the (...)

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

The Australian Government decides that the shipping channel service at a bottleneck port infrastructure will remain unregulated (Port of Newcastle)
Herbert Smith Freehills (Sydney)
In a decision that will be welcomed by many of Australia’s port operators, for the second time in less than two years, the Federal Treasurer has decided that the shipping channel service at the Port of Newcastle should not be regulated. The Treasurer’s decision on 16 February 2021 is in response (...)

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

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

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

The Paris Commercial Court imposes a €1,2 million fine on a big tech company for abuse of dominant position (Google / Oxone)
Ashurst (Paris)
In the context of a stand-alone action – which falls under the new provisions resulting from the transposition of the Damages Directive – the Paris Commercial Court ruling at first instance orders Google to pay EUR 1,2 million in damages to Oxone, a telephone directory services company. Oxone (...)

The Chinese Anti-Monopoly Commission of the State Council publishes anti-monopoly guidelines on platform economy
Queen Mary University (London)
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University of Chinese Academy of Social Sciences
On 10 November 2020, the State Administration for Market Regulation (“SAMR”), China’s competition authority, released the Anti-Monopoly Guidelines on the Platform Economy (Draft for Public Opinions Solicitation) (the “Draft”). Around three months later, on 7 February 2021, the Anti-Monopoly (...)

The Croatian Competition Authority fines a Mandarin oranges buyer for unfair trading practices (Jasenska)
Croatian Competition Agency (Zagreb)
Unfair trading practices: CCA imposes HRK 350,000 fine on Mandarin Oranges buyer Jasenka from Opuzen* The Croatian Competition Agency (CCA) opened ex officio infringement proceeding against the mandarin oranges buyer Jasenska within the meaning of the Act on prohibition of unfair trading (...)

The Czech Competition Authority fines a national natural gas transporter for abuse of dominant position (NET 4 GAS)
Czech Competition Authority (Brno)
The office imposed fine amounting to CZK 10,000,000 on net4gas for abuse of dominant position* The Office for the Protection of Competition imposed a fine amounting to CZK 10,000,000 on NET4GAS, s. r. o., for abuse of dominant position and prohibited alleged conduct for the future. The (...)

The Latvian Competition Authority fines a national public capital company for abuse of a dominant position in the railway transports sector (Ldz cargo)
Konkurences padome (Riga)
The CC imposes a fine on the public capital company “LDZ CARGO” for abuse of a dominant position* The Competition Council of Latvia (the CC) detected that since 2007 the public capital company “LDZ CARGO”, abusing a dominant position, made it more difficult for competitors to operate in rail (...)

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

The German Competition Authority assesses December 2020’s section 19a GWB regulation in its investigation into a big tech company (Facebook / Oculus)
German Competition Authority (Bonn)
First proceeding based on new rules for digital companies – Bundeskartellamt also assesses new Section 19a GWB in its Facebook/Oculus case* In December 2020, the Bundeskartellamt initiated abuse proceedings against Facebook due to the linkage between Oculus and the Facebook network (see press (...)

The UK Competition Authority publishes a notice of a standalone competition damages claim against a trade association for abusing its dominant position and engaging in anti-competitive agreements (International Tin Association)
Herbert Smith Freehills (London)
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Herbert Smith Freehills (London)
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Herbert Smith Freehills (London)
On 26 January 2021 the Competition Appeal Tribunal (CAT) published a notice of a standalone competition damages claim (brought under section 47A of the Competition Act 1998) by Kerilee Investments, a metal trader, against the International Tin Association, a UK based trade association. The (...)

The Luxembourg Administrative Tribunal rules on the competence of the Competition Authority in matters of post control of concentrations in the energy sector (Fédération des Artisans / Encevo / Enovos Luxembourg / Paul Wagner / Fils)
Bonn & Schmitt (Luxembourg)
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Bonn & Schmitt (Luxembourg)
I. Introduction On January 25, 2021 the Administrative Tribunal of the Grand Duchy of Luxembourg (hereinafter the “Administrative Tribunal”) rendered a judgment ruling for the first time on the competence of the Competition Council of the Grand Duchy of Luxembourg (hereinafter the “Competition (...)

The German Parliament passes the 10th amendment to the Act against Restraints of Competition which provides modifications and changes regarding abuse control
Hogan Lovells (Dusseldorf)
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Hogan Lovells (Dusseldorf)
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Hogan Lovells (Dusseldorf)
On 14 January 2021, the German parliament passed the long-awaited 10th amendment to the Act against Restraints of Competition (ARC). This came after the governing parties, CDU/CSU and SPD, had submitted a final amendment "at the eleventh hour" which provided for some additional modifications (...)

The German Parliament passes its 10th amendment of the Act against Restraints of Competition which creates an enforcement tool for the Competition Authority to control the abusive behavior of companies with a paramount cross-market significance for competition
Orrick, Herrington & Sutcliffe (Dusseldorf)
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Orrick, Herrington & Sutcliffe (Dusseldorf)
New enforcement tool for the German Federal Cartel Office in the control of abusive behavior of companies with a paramount cross-market significance for competition In a nutshell: What’s new? Introduction of the Concept of Intermediation Power: A dominant position can as of now also result from (...)

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

The Danish Maritime and Commercial High Court confirms a decision of the Competition Authority finding that a German internal combustion engine manufacturer had both abused its dominant position and entered into an anti-competitive agreement with its Danish dealer (Deutz / Diesel Motor Nordic)
Van Bael & Bellis (Brussels)
On 11 January 2021, the Danish Maritime and Commercial High Court (“MCC”) confirmed a decision of the Danish Competition Council (“DCC”) finding that the German internal combustion engine manufacturer Deutz had both abused its dominant position and entered into an anti-competitive agreement with (...)

The Danish Maritime and Commercial High Court upholds the Competition Authority’s decision finding an abuse of dominance and an anti-competitive agreement between a German internal combustion engine manufacturer and its national distributor in the railway sector (Deutz / Diesel Motor Nordic)
Bird & Bird (Copenhagen)
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Bird & Bird (Copenhagen)
The case centred around a consortium that was handling the renovation of the engines of the IC3 trains of the Danish State Railways. A member of the consortium, Fleco ApS (Fleco), was in several ways restricted from buying spare parts to be used in the renovation of the train engines. The (...)

The Indonesian Competition Authority imposes its first predatory pricing fine against a multinational cement manufacturer (CKSC)
Dewi Negara Fachri & Partners (Jakarta)
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Dewi Negara Fachri & Partners (Jakarta)
In a release, Komisi Pengawas Persaingan Usaha (KPPU) – the Indonesian Competition Authority, published its first Article 20 (Predatory Pricing) decision. The KPPU Decision No. 03/KPPU-L/2020 was issued on a virtual hearing on 15 January 2021, whereby KPPU found that PT Conch South Kalimantan (...)

The Spanish Competition Authority puts an end to the infringement proceedings brought against a Big tech company for alleged dominance conduct related to a search engine and online restaurant reservation system prohibited by national antitrust law (Google / El Tenedor)
Bird & Bird (Madrid)
The Spanish Competition authority (“CNMC”) has agreed to put an end to the infringement proceedings brought against Google and El Tenedor in November 2018 for an alleged conduct related to Google’s search engine and Google Maps’ online restaurant reservation system prohibited by Articles 1 and 2 of (...)

The Russian Ninth Arbitration Appeal Court upholds the decision of the Competition Authority in respect of national railways abusing their dominant position (Russian Railways JSC)
Russian Federal Antimonopoly Service (Moscow)
The appeal upheld the decision of the FAS Russia in respect of Russian railways* Earlier, the Authority recognized the company as violating antimonopoly legislation The Ninth Arbitration Appeal Court supported the position of the Antimonopoly Service in the case against Russian Railways JSC. (...)

The UK Competition Authority opens an investigation into big tech company’s ‘Privacy Sandbox’ browser changes (Google)
United Kingdom’s Competition Authority - CMA (London)
CMA to investigate Google’s ‘Privacy Sandbox’ browser changes* The CMA has opened an investigation into Google’s proposals to remove third party cookies and other functionalities from its Chrome browser. The investigation will assess whether the proposals could cause advertising spend to become (...)

The Croatian Administrative Court upholds the Competition Authority’s decision sanctioning retail trading chain for imposition of unfair trading practices (NTL)
Croatian Competition Agency (Zagreb)
UTPS: Administrative Court upholds CCA decision sanctioning NTL 450,000 kuna for imposition of unfair trading practices* The Administrative Court in Zagreb completely rejected the statement of claim of Narodni trgovački lanac d.o.o. (NTL) in the administrative dispute against the decision of (...)

The Czech Competition Authority confirms fine for resale price maintenance agreements imposed on baby products retail company (Baby Direkt)
Czech Competition Authority (Brno)
The chairman of the Office confirmed fine for resale price maintenance agreements imposed on Baby Direkt* Petr Mlsna, the Chairman of the Office for the Protection of Competition, upheld imposition of a fine amounting to CZK 40,793,000 on BABY DIREKT s.r.o. which entered into prohibited (...)

The Czech Competition Authority upholds a fine of €1.6 million for resale price maintenance levied against childcare products supplier (Baby Direkt)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 5 January 2021, on appeal against a decision by the Czech Office for the Protection of Competition (“Czech NCA”), the Chairman of the Czech NCA (the “Chairman”) upheld a fine of € 1.6 million levied by his organisation in November 2019 against childcare products supplier Baby Direkt. Baby Direkt (...)

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

The Lithuanian Competition Authority terminates investigation into real estate ads company for alleged abuse of dominant position (Diginet LTU)
Lithuanian Competition Authority (Vilnius)
Lithuanian Competition Authority terminates investigation into real estate ads prices* The Lithuanian competition authority Konkurencijos taryba has terminated the investigation into the actions of Diginet LTU, the owner of classified real estate ads websites, without finding that the company (...)

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

The Spanish Competition Authority confirms the opening of an investigation against pharmaceutical firms (Leadiant Biosciences Spa / Leadiant Biosciences LTD)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
Reports that Leadiant is also in the crosshairs of the Spanish competition authority were confirmed today. The Comisión Nacional de los Mercados y la Competencia announced that it started formal proceedings against Leadiant Biosciences Spa and Leadiant Biosciences LTD on the grounds that these (...)

The Spanish Competition authority initiates proceedings against two pharmaceutical companies for abuse of dominant position ((Leadiant Biosciences SPA / Leadiant Biosciences LTD))
Spanish Competition Authority (Madrid)
The CNMC initiates disciplinary proceedings against Leadiant Biosciences Spa and Leadiant Biosciences LTD for alleged practices prohibited by the Antitrust Law It is investigating a potential abuse of their dominant market position in Spain involving the manufacture and supply of the drug (...)

The Italian Competition Authority fines a national ticket sale company €10 million for abuse of dominant position (TicketOne)
Italian Competition Authority (Rome)
TicketOne fined for €10 million for abuse of dominant position* The group has implemented a complex strategy aimed at precluding competing operators from selling a high number of tickets for live pop music events. Consumers, unable to benefit from better services and lower prices charged by (...)

The Italian Competition Authority condemns a ticketing and marketing company for committing exclusionary abuse (TicketOne)
Van Bael & Bellis (Brussels)
On 22 December 2020, the Italian Competition Authority (“ICA”) imposed a fine of around € 10.8 million on several companies belonging to the ticketing and marketing for music company, CTS Eventim-TicketOne group (“TicketOne”) for abuse of its dominant position on the Italian market for the sale of (...)

The Italian Competition Authority fines main national ticket operator €10.9 million for abuse of dominant position (TicketOne)
Bird & Bird (Rome)
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Bird & Bird (Rome)
On 22 December 2020, the Italian Competition Authority (AGCM) issued an important decision fining CTS Eventim €10.9 million for having implemented an unlawful exclusive strategy in the Italian market of pop music events ticket sellers. In September 2018, the AGCM launched an investigation (...)

The Italian Competition Authority fines a national ticket operator for abuse of dominant position in the entertainment sector (TicketOne)
Luiss Guido Carli University (Rome)
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Luiss Guido Carli University (Rome)
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Luiss Guido Carli University (Rome)
TicketOne S.p.A. (hereinafter "TicketOne") is the leading company in Italy in ticketing, marketing, information and e-commerce services, with specific reference to live music events. TicketOne is controlled by CTS Eventim AG & Co. KGaA, which holds 99.65% of the share capital. CTS Eventim (...)

The Croatian Administrative Court upholds the Competition Authority’s decision fining fruits and vegetables company for imposition of unfair trading practices (Fragaria)
Croatian Competition Agency (Zagreb)
UTPS: Administrative court upholds CCA decision sanctioning Fragaria 350,000 kuna for imposition of unfair trading practices* On 16 December 2020 the Administrative Court in Zagreb completely rejected the statement of claim of the re-seller Fragaria d.o.o. in the administrative dispute (...)

The Hong Kong Competition Authority brings the first case on abuse of substantial market power to the Competition Tribunal (Linde)
Hong Kong Competition Commission
Competition Commission brings first case on abuse of substantial market power to Competition Tribunal* The Competition Commission (“Commission”) has today filed a case in the Competition Tribunal (“Tribunal”) against Linde HKO Limited (“Linde HKO”) and Linde GmbH (collectively referred to as “Linde” (...)

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

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

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

The Spanish Competition Authority opens an investigation against a company for an abuse of dominance in the market for accessing and connecting to the electricity transmission network (Enel)
Spanish Competition Authority (Madrid)
The CNMC investigates Enel Green Power, S.L. (Enel) and its parent company Endesa Generación, S.A. for alleged anticompetitive practices* It assesses Enel’s possible abuse of its dominant position as a company designated as a Single Node Interlocutor (IUN) in the market for accessing and (...)

The Luxembourg Competition Authority’s president rejects a request for interim measures in the context of the COVID-19 health crisis (Bionext / Laboratoire National de Santé) Free
Bonn & Schmitt (Luxembourg)
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Bonn & Schmitt (Luxembourg)
I. Introduction On 17 December 2020, the President of the Luxembourg Competition Council (hereinafter the “President”) rendered a decision on a request for interim measures requested by the laboratory Bionext S.A. (hereinafter “Bionext”) against the Laboratoire National de Santé (hereinafter (...)

The Polish Competition Authority imposes a fine on supermarket chain for abuse of superior bargaining power (Biedronka)
Polish Competition Authority (Warsaw)
The President of UOKiK has imposed a fine of PLN 723 million on Biedronka* The Jeronimo Martins company was earning unfairly to the detriment of food suppliers. This is the biggest sanction for abusing of superior bargaining power imposed to date. Commercial networks get various commercial (...)

The German Competition Authority announces that it has initiated abuse proceedings against a social platform company for linkage with a virtual reality products brand (Oculus / Facebook)
Herbert Smith Freehills (Brussels)
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Herbert Smith Freehills (Brussels)
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Herbert Smith Freehills (Dusseldorf)
The German FCO has not lost its appetite to take on major tech companies. Today, it has announced that it has initiated abuse proceedings against Facebook to examine the linkage between Oculus virtual reality products and Facebooks’ social network. The accusations against Facebook Facebook’s (...)

The Spanish Competition Authority opens an investigation against a national football federation for abuse of dominant position (RFEF)
Bird & Bird (Madrid)
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Ecija & Asociados (Madrid)
The sale and use of audio-visual football rights in Spain has always been in the spotlight due to frequent controversies between the Spanish Football Federation (“RFEF”), the national professional football league (“LaLiga”) and the football clubs. At a national level, LaLiga organises the first (...)

The US FTC sues the world’s dominant social network company for illegal monopolization, requires divesting its acquisitions of up-and-coming rivals and prohibiting the imposition of anticompetitive conditions on software developers (Facebook)
US Federal Trade Commission (FTC) (Washington)
FTC Sues Facebook for Illegal Monopolization* The Federal Trade Commission today sued Facebook, alleging that the company is illegally maintaining its personal social networking monopoly through a years-long course of anticompetitive conduct. Following a lengthy investigation in cooperation (...)

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

The OECD holds a roundtable on abuse of dominance in digital markets
OECD - Competition Division (Paris)
Many digital markets exhibit certain characteristics, such as low variable costs, high fixed costs and strong network effects, that result in high market shares for a small number of firms. In some cases, these lead to “competition for the market” dynamics, in which a single firm captures the (...)

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

The Czech Competition Authority rejects an appeal from a collecting society for music authors and confirms the fine for abuse of dominant position (Osa)
Bird & Bird (Prague)
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Bird & Bird (Prague)
The Czech Office for the Protection of Competition ("Office") published a press release (without publishing the full decisions yet) regarding the rejection of the appeal of the collecting society for music authors’ rights OSA - Ochranný svaz autorský pro práva k dílům hudebním, z.s. ("OSA"), and (...)

The Regional Court of Düsseldorf refers questions regarding the licensing of standard essential patents in multi-layered supply chains to the EU Court of Justice (Nokia / Daimler)
Van Bael & Bellis (Brussels)
On 26 November 2020, the Regional Court of Düsseldorf (“Düsseldorf Court”) decided to request a preliminary ruling from the Court of Justice of the European Union (“ECJ”) in patent infringement proceedings involving Nokia and Daimler. The questions give the ECJ the opportunity to offer guidance on (...)

The Regional Court of Düsseldorf questions the EU Court of Justice on standard essential patents licensing in supply chains (Nokia / Daimler)
Orrick, Herrington & Sutcliffe (Dusseldorf)
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Orrick, Herrington & Sutcliffe (Washington)
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Orrick, Herrington & Sutcliffe (Dusseldorf)
In a decision of November 26, 2020 in a patent infringement case of Nokia Technologies Oy against Daimler AG, the Düsseldorf Regional Court (file number 4c O 17/19) referred several questions to the European Court of Justice (ECJ) regarding the licensing of standard essential patents (SEPs) (...)

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

The EU Court of Justice rules that the fee structure for music played at festivals adopted by a Belgian collecting society is not abusive (SABAM)
Van Bael & Bellis (Brussels)
On 25 November 2020, the Court of Justice ((“ECJ”) delivered a judgment in Case C-327/19, ruling that the fee structure for music played at festivals adopted by the Belgian collecting society SABAM is not necessarily abusive under Article 102 TFEU. The case came before the ECJ by way of a (...)

The EU Court of Justice states that the fee structure for music played at festivals adopted by collecting societies is not necessarily abusive (SABAM)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 25 November 2020, the Court of Justice of the European Union (the CJEU) delivered a judgment in case C-372/19 holding that the fee structure for music played at festivals adopted by collecting societies such as SABAM is not necessarily abusive under Article 102 TFEU. The case had come before (...)

The EU Court of Justice rules on the royalty mechanism of a Belgian collecting society in a situation of de facto monopoly (SABAM / W.W, WCD)
University Paris Saclay
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University Paris Saclay
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University Paris Saclay
On 25 November 2020, the European Court of Justice (ECJ) handed down its preliminary ruling in response to the request by the Ondernemingsrechtbank Antwerp as to the interpretation of Article 102 TFEU. The disagreement between Weareone.World and Wecandance on one side, and SABAM, a Belgian (...)

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

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

The Croatian Competition Authority fines a business-to-business food re-seller for imposing unfair trading practices on its suppliers but reduces the fine in light of cooperation, company’s small size, and the company’s importance for the national island tourism sector (Jadranka trgovina)
Croatian Competition Agency (Zagreb)
Unfair Trading Practices: Cca Imposes HRK 85,000 Fine on Jadranka Trgovina* The Croatian Competition Agency (CCA) opened three ex officio infringement proceedings against Jadranka trgovina within the meaning of the Act on prohibition of unfair trading practices in the business-to-business food (...)

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

The Polish Competition Authority charges the supermarket group’s buyer company with abuse of contractual advantage against its suppliers (SCA PR Polska)
Polish Competition Authority (Warsaw)
Contractual advantage - proceedings of the President of UOKiK against SCA PR Polska (Intermarche Group)* President of UOKiK Tomasz Chróstny brought charges against SCA PR Polska, a company responsible in the capital group for purchases in the Intermarche chain. The company is likely to abuse (...)

The Belgian Competition Authority investigates a cosmetic company for its imposition of a maximum discount level on its network of selective distributors (Caudalie)
Belgian Competition Authority (Brussels)
The Investigation and Prosecution Service of the Belgian Competition Authority has submitted a motivated proposal for decision in a case concerning the imposition by Caudalie of a maximum discount level on its network of selective distributors* On 20 November 2020, the Investigation and (...)

The UK Competition Authority fines a price comparison website for applying most-favoured nation clause (ComparetheMarket)
United Kingdom’s Competition Authority - CMA (London)
CMA fines ComparetheMarket £17.9m for competition law breach* The CMA has fined ComparetheMarket £17.9 million after it found that clauses used in the company’s contracts with home insurers breached competition law. An investigation by the Competition and Markets Authority (CMA) has concluded (...)

The Slovak Competition Authority initiates administrative proceedings in the matter of possible abuse of dominant position in the area of waste management
Slovak Competition Authority (Bratislava)
AMO SR initiated an administrative proceedings in the matter of possible abuse of dominant position in the area of waste management* On 18 November 2020 the Antimonopoly Office of the Slovak Republic, the Division of Abuse of Dominant Position, (hereafter “the Office”), based on its own (...)

The UK Competition Authority fines a comparison website for use of wide MFN clauses (ComparetheMarket)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 19 November 2020, the UK’s Competition and Markets Authority (“CMA”) fined the price comparison website ComparetheMarket, and its parent companies, £ 17.9 million for breaching the UK and EU competition rules. The CMA found that ComparetheMarket breached the prohibition of anti-competitive (...)

The UK Competition Authority fines a price comparison website for using most favored nation clause (ComparetheMarket)
Ashurst (London)
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Ashurst (London)
On 19 November 2020, the UK Competition and Markets Authority ("CMA") announced that it had issued an infringement decision finding that the price comparison website ComparetheMarket infringed Chapter I prohibition of the Competition Act 1998 and Article 101 TFEU as a result of the use of wide (...)

The EU Court of Auditors encourages the Commission to tighten the screws on ‘big tech’
Loyens & Loeff (Amsterdam)
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Loyens & Loeff (Amsterdam)
European Court of Auditors encourages European Commission to tighten the screws on ‘Big Tech’* The Court of Auditors believes that the introduction of new instruments should go hand in hand with stricter enforcement of existing instruments In a Special Report published on 19 November 2020, the (...)

The Turkish Competition Authority re-examines allegations on exclusionary practises in the healthcare sector (Siemens)
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)
Upon the Ankara 7 th Administrative Court’s annulment its 2016 decision , the Competition Board (“Board”) re-examined the allegations against Siemens Healthcare Sağlık A.Ş. (“Siemens”) concerning abuse of dominance by way of excluding the competitors, engaging in discriminatory practices, and (...)

The EU General Court upholds the Commission’s decision finding that the national railway company of Lithuania abused its dominant position on the national rail freight market (Lietuvos geležinkelai)
General Court of the European Union (Luxembourg)
The General Court upholds the Commission’s decision finding that the national railway company of Lithuania abused its dominant position on the Lithuanian rail freight market* Lietuvos geležinkeliai AB (‘LG’), the national railway company of Lithuania, both manages railway infrastructure and (...)

The EU General Court maintains Commission decision finding that a Lithuanian railway company abused its dominant position on the national rail freight sector (Lietuvos geležinkelai)
Van Bael & Bellis (Brussels)
On 18 November 2020, the General Court (“GC”) issued its judgment confirming the European Commission’s (“Commission”) decision to fine Lithuanian Railways for the abuse of its dominant position on the Lithuanian rail freight market. The GC rejected all of the appellant’s complaints, but reduced the (...)

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

The Hellenic Competition Authority releases a statement of objections for alleged abuse of dominant position as well as contractual terms and practices related to the operation of the distribution network against a company in the market of press distribution (ARGOS)
Hellenic Competition Authority (Athens)
Statement of Objections following an ex officio investigation in the market of Press distribution, in relation to alleged infringements of Articles 1 and 2 of Law 3959/2011 and /or Articles 101 and 102 TFEU, as well as an ex officio investigation initiated pursuant to HCC’s Decision No (...)

The Hungarian Supreme Court upholds Competition Authority’s finding that a food retail company has abused its dominance (Auchan)
Hungarian Competition Authority (Budapest)
The GVH won the case against Auchan at the Curia of Hungary* Budapest, 13 November 2020 - The Curia of Hungary upheld in its entirety the GVH’s decision to impose a record fine of more than one billion forints. Thus, it has now become final that Auchan has abused its significant market power. (...)

The New Zealand Competition Authority proposes that a regulated monopolist can spend $523 million to fix its electricity lines network in Dunedin, Central Otago, and Queenstown Lakes (Aurora Energy)
New Zealand Commerce Commission (Wellington)
Commission proposes Aurora can spend $523m to fix its network* The Commerce Commission has today released for consultation a package of measures in response to Aurora Energy’s plan to fix its electricity lines network in Dunedin, Central Otago and Queenstown Lakes. In June 2020, Aurora filed (...)

The EU Commission sends statement of objections to global e-commerce company for the use of non-public independent seller data and opens second investigation into its e-commerce business practices (Amazon)
DG COMP (Brussels)
Antitrust: Commission sends Statement of Objections to Amazon for the use of non-public independent seller data and opens second investigation into its e-commerce business practices* The European Commission has informed Amazon of its preliminary view that it has breached EU antitrust rules by (...)

The Polish Competition Authority fines manufacturer of musical equipment for resale price maintenance (Yamaha Music Europe)
Polish Competition Authority (Warsaw)
Decision of the President of UOKiK on overpricing of Yamaha musical equpiment* For 13 years, Yamaha Music Europe has been setting minimum prices for resale of musical equipment in online stores in Poland with its distributors. President of UOKiK Tomasz Chróstny imposed a fine of half a million (...)

The Italian Competition Authority fines a plastic supply chain consortium €27 million for abuse of dominant position in the recovery of pet plastic packaging (Corepla)
Italian Competition Authority (Rome)
ICA: sanction of €27 million to Corepla for abuse of dominant position in the recovery of pet plastic packaging* The Authority has found that the consortium has impeded competition and innovation in the services aimed at the recovery and recycling of pet bottles for food use The Competition (...)

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

The Indian Competition Authority receives an anonymous complaint on alleged dominance by a Big Tech company through the Android ecosystem (Google)
National University of Study and Research in Law (Ranchi)
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National University of Study and Research in Law (Ranchi)
Introduction Pursuant to the scrutiny of WhatsApp over allegation of abusive dominance regarding its Payment app, the Competition Commission of India (CCI) warranted a detailed investigation against Google to monitor its anti-competitive practices over multiple facets including a violation of (...)

The UK Supreme Court hands down a judgment in a competition damage litigation and makes key observations on when a judicial decision of the EU courts is binding in other proceedings (Servier)
Shearman & Sterling (Brussels)
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Shearman & Sterling (London)
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Shearman & Sterling (London)
Holds Findings Made by European Courts Cannot Be Relied on in Different Context in Other Proceedings On November 6, 2020 the U.K. Supreme Court handed down a judgment relating to the Servier U.K. competition damages litigation, in which it made key observations on when a judicial decision of (...)

The Polish Competition Authority fines apple concentrate manufacturer for abuse of contractual advantage against its apple suppliers by significantly delaying payments to them (Appol)
Polish Competition Authority (Warsaw)
PLN 1.7 million penalty for Appol company for delayed payments to apple growers* The Appol company has been abusing its contractual advantage against apple suppliers by significantly delaying the payments for the completed deliveries of raw material for apple concentrate. President of UOKiK (...)

The Spanish Competition Authority initiates disciplinary proceedings against an industrial equipment supplier for alleged resale price maintenance and related restrictive practices (Maquinaria Garrido)
Spanish Competition Authority (Madrid)
The CNMC initiates disciplinary proceedings against Maquinaria Garrido S.L. for alleged practices prohibited by the Anti-Trust Law* It is investigating the possible restriction of passive sales by its official distributors outside its exclusive territory, and the possible fixing of resale (...)

The Italian Competition Authority announces it is continuing its inquiry into the alleged abuse of dominance by a pharmaceutical company (Leadiant)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
The Italian competition authority, the “Autorità garante della concorrenza e del mercato” ( AGCM ), announced yesterday that it would continue its inquiry into the practices of pharmaceutical company Leadiant Biosciences ( Leadiant ) until 30 June 2021 (see, attached extract from AGCM’s latest (...)

The Croatian Competition Authority fines a food re-seller for imposing unfair trading practices on its suppliers including consistent late payment of supply invoices (Ribola)
Croatian Competition Agency (Zagreb)
Unfair Trading Practices – CCA Imposes Hrk 65,000 Fine on Ribola* 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 to (...)

The EU Commission sends a statement of objections to state-owned Czech rail incumbent for alleged predatory pricing (České dráhy)
DG COMP (Brussels)
Antitrust: The Commission sends Statement of Objections to České dráhy for alleged predatory pricing* The European Commission has informed the state-owned Czech rail incumbent České dráhy (ČD) of its preliminary view that ČD has breached EU antitrust rules by charging prices below costs. Executive (...)

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

The Italian Competition Authority opens investigation into abuse of dominance against a global search engine in the market for display advertising (Google)
Italian Competition Authority (Rome)
A542 - ICA: investigation opened against Google for an alleged abuse of dominant position in the Italian market for display advertising* The Authority questions the discriminatory use of the huge amount of data collected through its various applications, preventing rivals from competing (...)

The Italian Competition Authority opens an investigation against a search engine for alleged abuse of dominant position in the market for display advertising (Google)
University of Mannheim
Who strikes next? Italian Competition Authority v Google* Competition authorities are increasingly scrutinizing Google around the globe: The European Commission was the first authority to investigate Google and has issued three record-level fines in Google Shopping, Google Android and Google (...)

The Italian Competition Authority condemns a plastic supply chain consortium for abuse in the plastic-waste recycling sector (Corepla)
Van Bael & Bellis (Brussels)
On 27 October 2020, the Italian Competition Authority (“ICA”) imposed a fine of around € 27.4 million on COREPLA (the “Consortium for the collection, recycling and recovery of plastic packaging waste”) for abusing its dominant position on the national market for services for PET packaging producers (...)

The Italian Competition Authority fines a consortium for the collection, recycling, and recovery of plastic packaging for abusing its dominant position in the national market for the management of plastic waste services (Corepla)
Ashurst (Brussels)
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Ashurst (Brussels)
On 27 October 2020 the Italian Competition Authority ("AGCM") issued a EUR 27 million fine to the Italian Consortium for the Collection, Recycling and Recovery of Plastic Packaging (COREPLA) for abusing its dominant position in the Italian market for management of plastic waste services. WHAT (...)

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

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

The Australian Competition Authority institutes proceedings in the Federal Court against printing company for unfair contract terms for small businesses (Fuji Xerox)
Australian Competition and Consumer Commission (Canberra)
Fuji Xerox in court over alleged unfair contract terms* The ACCC has instituted proceedings in the Federal Court against printing company Fuji Xerox Australia Pty Ltd and a related company (together, Fuji), alleging that in total nine types of Fuji’s standard form small business contracts (...)

The Swedish Patent and Market Court issues a judgment regarding the national alcohol retailer’s monopoly and e-commerce (Systembolaget)
Bird & Bird (Stockholm)
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Bird & Bird (Stockholm)
The Swedish Patent and Market Court has recently issued a judgement concerning Systembolaget’s alcohol retail monopoly. The background to the case is that the Swedish Alcohol Act (2010:1622) only allows the state monopoly, Systembolaget, to conduct retail sales of alcoholic beverages. However, (...)

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

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

The US DOJ and 11 State AGs start landmark court case against Big Tech firm for exclusionary agreements in search and search advertising markets (Google)
US Department of Justice - Antitrust Division (Washington)
Justice Department Sues Monopolist Google For Violating Antitrust Laws* Department Files Complaint Against Google to Restore Competition in Search and Search Advertising Markets Today, the Department of Justice — along with eleven state Attorneys General — filed a civil antitrust lawsuit in the (...)

The US DoJ files an antitrust complaint against a search engine for abuse of dominant position (Google)
Orrick, Herrington & Sutcliffe (Washington)
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Orrick, Herrington & Sutcliffe (Washington)
On October 20, the U.S. Department of Justice filed its long-awaited antitrust complaint against Google, joined by 11 state Attorneys General (Arkansas, Florida, Georgia, Indiana, Kentucky, Louisiana, Mississippi, Missouri, Montana, South Carolina, and Texas). The lawsuit was filed in the U.S. (...)

The Swiss Competition Authority imposes a fine for an abuse of dominant position in the market for ice hockey broadcasting (UPC)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 20 October 2020, the Swiss Competition Commission (“COMCO”) fined UPC (a group member of Liberty Global) CHF 30 million for abuse of dominance for refusing to supply live broadcasts of the Swiss Ice Hockey Championship to Swisscom. UPC was found to be dominant on the basis of its exclusive (...)

The US DoJ files a complaint against a search engine for its unlawful monopolisation of the search and search advertising markets (Google)
Hausfeld (London)
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Hausfeld (London)
On 20 October 2020, the US Department of Justice (DoJ) and 11 State Attorney-Generals filed a much anticipated complaint against Google for its unlawful monopolisation of the search and search advertising markets in violation of Section 2 of the Sherman Act (the Complaint). The Complaint is the (...)

The Australian Competition Authority institutes court proceedings against wholesale distributor of cycling and sporting products for alleged resale price maintenance (FE Sports)
Australian Competition and Consumer Commission (Canberra)
FE Sports allegedly engaged in resale price maintenance* The ACCC has instituted proceedings in the Federal Court against B & K Holdings (QLD) Pty Ltd, trading as FE Sports, alleging that it engaged in resale price maintenance for the wholesale supply of cycling and sporting products in (...)

The French Supreme Court confirms that incumbent horserace betting operator abused its dominant position (PMU)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 14 October 2020, the French Supreme Court (“Cour de Cassation”) confirmed the Court of Appeals’ finding that horserace-betting company Pari Mutuel Urbaine (“PMU”) abused its dominant position in the market for physical horserace betting by pooling bets with those in the online market. (...)

The Polish Competition Authority opens investigation into unfair use of contractual advantage by largest national food wholesaler against its suppliers (Eurocash)
Polish Competition Authority (Warsaw)
Unfounded Eurocash fees - charges of the President of UOKiK* President of UOKiK Tomasz Chróstny checks the practices of Eurocash company towards suppliers of agricultural and food products. The allegations concern unfounded collection of additional fees. The main business of Eurocash is (...)

The Paris Court of Appeal confirms Competition Authority’s decision ordering a search engine to negotiate with news agencies and press publishers (Google)
Ashurst (Paris)
On 8 October 2020, the Paris Court of Appeal rejected Google’s challenge to the French Competition Authority’s ("FCA") decision compelling Google to negotiate "neighbouring rights" with news agencies and press publishers. "Neighbouring rights" include the right to receive payment when a (...)

The Spanish Competition Authority investigates possible abuse of dominance in the country’s natural gas market
Spanish Competition Authority (Madrid)
The CNMC investigates possible anticompetitive practices in Spain’s natural gas market* It assesses an alleged abuse of dominant position in said market involving foreclosure. The CNMC investigates a potential antitrust violation in Spain’s natural gas market. On 30 September and 1 October (...)

The Spanish Competition Authority opens a formal investigation into an animal society for alleged abuse of dominance in dog certification and shows (Royal Canine Society of Spain)
Spanish Competition Authority (Madrid)
The CNMC opens a formal investigation into the Royal Canine Society of Spain for alleged antitrust practices* The conduct investigated sought to hinder and avoid competition with other official associations. It potentially affects the markets for certifying purebred dogs and providing judging (...)

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

The Dutch Competition Authority investigation finds that a national ATM operator is charging reasonable rates to competing banks (Geldmaat)
Netherlands Authority for Consumers & Markets (The Hague)
ACM: rates charged by ATM operator Geldmaat to other banks not unreasonable, information about its services to be more transparent* The Netherlands Authority for Consumers and Markets (ACM) has established that the rates that Dutch ATM operator Geldmaat charges other Dutch banks for using the (...)

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

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

The Spanish Competition Authority investigates a potential abuse of dominant position in the natural gas market
Ecija & Asociados (Madrid)
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Bird & Bird (Madrid)
In Spain, as in many other countries, the gas sector is crucial given its strategic importance and its necessary use for many industrial and consumer applications. It is also one of the most complex sectors, with several players spread over different upstream and downstream markets such as (...)

The Brussels Court of Appeal partially annuls a decision imposing a record fine on a telecommunication company for margin squeeze (Proximus)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 7 October 2020, the Markets Court of the Brussels Court of Appeal (Marktenhof / Cour des marchés) (the Markets Court) partially annulled the decision of 26 May 2009 (the 2009 Decision), for lack of admissible evidence, by which the Belgian Competition Authority (Belgische (...)

The UK Competition Authority investigates on a pharma company for abuse of dominance (Essential Pharma)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 6 October 2020, the Competition and Markets Authority ( CMA ) started an inquiry into Essential Pharma to determine whether that company abused an allegedly dominant position when announcing the withdrawal from the UK market of Priadel®, a lithium based medicine indicated for the first line (...)

The UK Competition Authority opens investigation into alleged abuse of dominance in the supply of drugs used to treat bipolar disorder (Essential Pharma)
United Kingdom’s Competition Authority - CMA (London)
CMA to investigate the supply of bipolar drug* The CMA has opened an investigation into suspected anti-competitive practices in the supply of drugs used to treat bipolar disorder. The Competition and Markets Authority (CMA) will investigate whether the pharmaceutical company Essential Pharma (...)

The Ankara Administrative Court upholds the fines imposed by the Competition Authority on two electricity sales companies for abuse of dominance and annuls it for a third company (RESCs / AYEDAŞ)
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)
(1) Introduction In 2018, in its Enerjisa decision, the Turkish Competition Board (“ Board ”) had imposed administrative fines amounting to a total of TRY 143 million on three retail electricity sales companies (namely AYESAŞ, BAŞKENT and TOROSLAR) (together, the “ RESCs ”) and one electricity (...)

The Russian Competition Authority investigates whether a pharmaceutical company with a dominant position in the wholesale of certain generics unreasonably refused to conclude a contract for medicine supply (Ipsen / Biotek)
Russian Federal Antimonopoly Service (Moscow)
FAS Russia: Ipsen Unreasonably Refused Biotek to Conclude Contract for Medicine Supply* In order not to enter into a contract with a counterparty the pharmaceutical company has repeatedly changed its commercial policy during the review of the distributor’s application. The FAS Russia issued a (...)

The US Court of Appeals for the Federal Circuit reverses a judgment that upheld “skinny labels” and allowed a generic to launch on uses not covered by a patent (GlaxoSmithKline / Teva)
Rutgers University (Camden)
On October 2, 2020, the U.S. Court of Appeals for the Federal Circuit vacated a district court’s judgment in favor of defendant Teva in a case involving “skinny labels.” GlaxoSmithKline LLC v. Teva Pharm. USA, Inc., 976 F.3d 1347 (Fed. Cir. 2020). When a drug can be used to treat multiple (...)

The German Competition Authority closes investigation into resale price maintenance after Spanish guitar manufacturer clarifies to retailers that final price is at their discretion (Manufacturas Alhambra)
German Competition Authority (Bonn)
Bundeskartellamt safeguards freedom to set prices for guitars* Following investigations by the Bundeskartellamt into suspected illegal resale price maintenance, the Spanish guitar manufacturer, Manufacturas Alhambra S.L., has distanced itself from possibly influencing the pricing policy of (...)

The US FTC requests rehearing en banc by the US Court of Appeals for the Ninth Circuit in the case of global semiconductor company’s standard-essential patent licensing practices (Qualcomm)
US Federal Trade Commission (FTC) (Washington)
FTC Requests Rehearing En Banc of Qualcomm Appeals Panel Decision* The Federal Trade Commission today filed a petition with the U.S. Court of Appeals for the Ninth Circuit requesting rehearing en banc of the August 11, 2020, decision of a panel of that court in the matter of FTC v. Qualcomm (...)

The Russian Competition Authority issues a warning to a manufacturer of cash register equipment to eliminate an abuse of dominance violation (Evotor)
Russian Federal Antimonopoly Service (Moscow)
FAS ISSUED WARNING TO THE MANUFACTURER OF CASH REGISTER EQUIPMENT EVOTOR * FAS received complaints on violations of the antimonopoly legislation from organizations and entrepreneurs using Evotor cash register equipment The FAS found that Evotor LLC directed a software update to the cash (...)

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

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

The Russian Competition Authority issues second warning to an online booking platform on termination of price parity clauses and restrictive conditions on hotels (Booking.com)
Russian Federal Antimonopoly Service (Moscow)
FAS RUSSIA ISSUES SECOND WARNING TO BOOKING.COM* This includes the abolition of parity in all channels of sales of hotel services On September 18, 2020, the FAS Russia issued Booking.com B.V. LLC (hereinafter referred to as Booking.com) a second warning on termination of actions containing (...)

The Serbian Competition Authority investigates the existence of resale price maintenance practices by an importer and distributor of coffee machines (SF1 Coffee)
Serbian Commission for Protection of Competition
Commission Institutes Another Proceedings on the Consumer Electronics Market* The Commission for Protection of Competition instituted antitrust proceedings ex officio and carried out a dawn raid at business premises of company SF1 Coffee d.o.o., a Nespresso importer and distributor, to (...)

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

The Polish Competition Authority initiates investigation into the relations between broadcasters and operators of cable TV and digital platforms following complaints on the methods of selling TV shows by broadcasters
Polish Competition Authority (Warsaw)
President of UOKiK will check practices of TV broadcasters* Does the sale of TV packages to operators, including cable networks, by broadcasters hinder competition? Do the broadcasters leverage their market position in the advertising market? This will be the subject of explanatory proceedings (...)

The EU Court of Justice addresses how incompatibility with net neutrality shall be assessed under the relevant legislation regarding open internet access (Telenor Magyarország / Nemzeti Média- és Hírközlési Hatóság Elnöke)
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)
The Court of Justice of the European Union (“ CJEU ”), in its recent decision with regard to the two joint cases (C‐807/18 and C‐39/19) brought before it for preliminary ruling, addressed how incompatibility with net neutrality shall be assessed under the relevant legislation regarding open (...)

The Indian Competition Authority dismisses allegations of abuse of dominance and exclusive arrangements against e-commerce company in the market for fashion merchandise (Lifestyle Equities / Amazon)
National University of Study and Research in Law (Ranchi)
In an order dated 11.09.2020, the Competition Commission of India (hereinafter ‘CCI’ or ‘the Commission’) dismissed the allegations of abuse of dominance and, entering into anti- competitive agreements against Amazon and the other opposite parties. The Indian Antitrust watchdog observed that Amazon (...)

The Japanese FTC approves a commitment plan brought by an e-commerce company (Amazon)
Japan Fair Trade Commission (Tokyo)
Approval of the Commitment Plan submitted by Amazon Japan G.K.* In response to the notice which the Japan Fair Trade Commission (hereinafter referred to as the “JFTC”) issued to Amazon Japan G.K. (hereinafter referred to as “Amazon Japan”) in accordance with the Commitment Procedures on July 10, (...)

The Regional Court of Munich rules in favor of an electronic manufacturer in standard essential patent proceeding (Sharp / Daimler)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 10 September 2020, the Regional Court of Munich (“Munich Court”) ruled in favour of Sharp that Daimler had infringed a standard essential patent (“SEP”) of Sharp. Sharp is the patent holder of EP 2667676B1 which is standard essential for the Long-Term Evolution (“LTE”) telecommunications (...)

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

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

The Polish Competition Authority investigates retrospective discounts in the food retail sector (Biedronka)
Polish Competition Authority (Warsaw)
President of UOKiK investigates retrospective discounts* President of UOKiK Tomasz Chróstny has initiated explanatory proceedings to check whether the retail chains are not leveraging their contractual advantage over small and medium-sized enterprises supplying products to their stores through (...)

The EU Court of Justice Advocate General Saugmandsgaard Øe advises to dismiss the parties’ challenges to the Commission’s finding abuse of dominance on the Slovak broadband services market (Slovak Telekom) (Deutsche Telekom)
Van Bael & Bellis (Brussels)
On 9 September 2020, Advocate General (“AG”) Saugmandsgaard Øe issued his opinion in Deutsche Telekom v. European Commission (Case C-152/19) and Slovak Telekom v. European Commission (Case C-165/19) advising the Court of Justice (“ECJ”) to dismiss the parties’ challenges to the Commission’s finding (...)

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

The EU Court of Justice AG Saugmandsgaardoe issues opinion finding that a firm without an indispensable infrastructure can nonetheless abuse a dominant position by way of margin squeeze (Slovak Telekom) (Deutsche Telekom)
European University Institute (Florence)
I share below a quick analysis of the Opinion of Advocate General ("AG") Saugmandsgaardoe in Deutsche Telekom and Slovak Telekom (DT & ST) v Commission (C-152 and 165/19 P). The legal issue at the heart of the case giving rise to the Opinion is the following: can a firm without an (...)

The EU Court of Justice Advocate General Saugmandsgaard Øe recommends the Bronner legal test to be limited to ’refusals to make available’ (Slovak Telekom) (Deutsche Telekom)
Latham & Watkins (Brussels)
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University of Liège
Advocate General (‘AG’) Saugmandsgaard Øe recommends the European Court of Justice (‘ECJ’) to (i) rule that the test included in the Bronner Judgment – including the indispensability requirement – should only be applied in specific circumstances (i.e., in case of ‘refusals to make available’), and (...)

The Australian Competition Authority examines the experiences of consumers, developers and suppliers regarding the mobile app market
Australian Competition and Consumer Commission (Canberra)
Mobile apps market under scrutiny* The ACCC will be examining the experiences of Australian consumers, developers, suppliers and others in a new report scrutinising mobile app stores. Issues to be examined include the use and sharing of data by apps, the extent of competition between Google (...)

The Italian Competition Authority launches six investigations against some of the main operators at global level in cloud computing services (Google / Apple / Dropbox)
Italian Competition Authority (Rome)
Antitrust: Investigations launched against Google, Apple and Dropbox for their cloud computing services* The proceedings relate to allegedly unfair commercial practices and the possible presence of unfair terms in the contractual conditions The Italian Competition Authority has launched six (...)

The Polish Competition Authority opens preliminary investigations into the rebate practices of 19 retail chains
Bird & Bird (Warsaw)
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Bird & Bird (Warsaw)
In early July, the Polish competition authority (UOKiK) has opened preliminary investigations into the rebate practices of 19 retail chains. In particular, the authority will focus on whether retrospective rebates are used to exploit retail chains’ contractual advantage towards small and (...)

The Polish Competition Authority announces it will check a national e-commerce platforms’ practices for cooperation practices with its sellers (Allegro)
Polish Competition Authority (Warsaw)
President of UOKiK will check practices of Allegro* What are the conditions of cooperation between Allegro and its users? President of UOKiK Tomasz Chróstny has instigated an investigation procedure concerning the practices of Allegro to check whether there might have been any violations of (...)

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

The UK Supreme Court rules in a licence dispute between a software and a telecommunication company and clarifies the English Courts’ approach to FRAND royalty cases (Unwired Planet / Huawei)
Van Bael & Bellis (Brussels)
On 26 August 2020, the UK Supreme Court issued a judgment in a licence dispute involving Standard Essential Patents (“SEPs”) pitting Unwired Planet, a US based patent assertion entity, against Huawei, a Chinese telecommunications company that produces smartphones. Unwired Planet brought an (...)

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

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

The Mexican Competition Authority investigates possible relative monopolistic practices in the market for digital advertisement services and related services
Mexican Competition Authority (Mexico City)
COFECE investigates possible relative monopolistic practices in the market for digital advertisement services and related services* Mexico City, August 24, 2020.- The Investigative Authority of the Mexican Federal Economic Competition Commission (COFECE or Commission) published today in the (...)

The Indian Competition Authority clears mobile application from tying allegations (Harshita Chawla / Whatsapp)
Gujarat National Law University (Gandhinagar)
The Competition Commission of India (CCI), the country’s judicial authority for competition matters rendered decision in the case of Harshita Chawla v. WhatsApp Inc. and ors in August, 2020 wherein it inter-alia cleared the mobile messaging service, WhatsApp Inc. from allegations of abuse of (...)

The Canadian Competition Authority seeks input from market participants to inform an ongoing investigation of online shopping platform (Amazon)
Canadian Competition Bureau (Gatineau)
Competition Bureau seeks input from market participants to inform an ongoing investigation of Amazon* Bureau investigating whether Amazon’s conduct on Amazon.ca is impacting competition The Competition Bureau is inviting market participants to provide input to inform its civil investigation (...)

The Polish Competition Authority initiates proceedings against the largest sugar producers in Poland for engaging in contractual advantages against farmers (Pfeifer / Langen)
Polish Competition Authority (Warsaw)
President of UOKiK presses charges against Pfeifer&Langen* President of UOKiK Tomasz Chróstny has initiated proceedings against Pfeifer & Langen Polska. The company may have been using its contractual advantage against farmers. The Office is also going to examine the practices of other (...)

The Belgian Competition Authority publishes a royal decree which incorporates the ban on abuse of economic dependency into the code of economic law
Ashurst (Brussels)
Background A Royal Decree amending the Belgian Code of Economic Law with regard to the prohibition of abuses of economic dependence was published in the Official Journal of Belgium on 12 August 2020. This Royal decree confirms the competence of the Belgian Competition Authority ("BCA") to (...)

The US Court of Appeals for the Ninth Circuit rules that there is no antitrust violation in a multinational semiconductor company’s licensing of its standard-essential patents (Qualcomm)
Mintz Levin Cohn Ferris Glovsky and Popeo PC (Boston)
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Mintz Levin Cohn Ferris Glovsky and Popeo PC (Washington)
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Mintz Levin Cohn Ferris Glovsky and Popeo PC (New York)
Ninth Circuit Reverses FTC Win in FTC v. Qualcomm, Finding No Antitrust Violations from Qualcomm’s Licensing of its Standard-Essential Patents* In a reversal that came as no surprise to many observers, on Tuesday, August 11, 2020, a unanimous panel of the U.S. Court of Appeals for the Ninth (...)

The US Court of Appeals for the Ninth Circuit strikes down sweeping injunction against semiconductor company and reins in expansive interpretation of Sherman Act (Qualcomm)
Skadden, Arps, Slate, Meagher & Flom (New York)
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Skadden, Arps, Slate, Meagher & Flom (Washington DC)
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Skadden, Arps, Slate, Meagher & Flom (Washington DC)
On August 11, 2020, the U.S. Court of Appeals for the Ninth Circuit decisively reversed the Federal Trade Commission’s (FTC or Commission) controversial district court win challenging Qualcomm’s licensing practices. In rejecting every aspect of the lower court’s decision, the Ninth Circuit panel (...)

The US Court of Appeals for the Ninth Circuit overturns a ruling finding that a semiconductor company’s licensing practice abused dominant position (Qualcomm)
Hogan Lovells (Washington)
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Hogan Lovells (Washington)
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Hogan Lovells (Washington)
On 11 August 2020, a panel of the U.S. Court of Appeals for the Ninth Circuit (“Ninth Circuit”), in a unanimous opinion by Judge Callahan, reversed the U.S. Federal Trade Commission’s (“FTC’s”) win in the district court against Qualcomm Inc. (“Qualcomm”) and upheld Qualcomm’s licensing practices, (...)

The US Court of Appeals for the Ninth Circuit reverses a ruling finding that a semiconductor company abuses its dominant position regarding its standard-essential patents (Qualcomm)
Cleary Gottlieb Steen & Hamilton (London)
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Cleary Gottlieb Steen & Hamilton (Washington)
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Cleary Gottlieb Steen & Hamilton (New York)
On August 11, 2020, a Ninth Circuit panel reversed the District Court for the Northern District of California’s judgment in FTC v. Qualcomm, Inc. The panel held that Qualcomm’s conduct—(a) refusing to license its standards essential patents (SEPs) to rival chipset manufacturers; (b) refusing to (...)

The Hellenic Competition Authority examines a complaint lodged by a company active in the energy sector against companies active in the mineral sector for abuse of dominance (Mytilineos / Imerys Voxites / Imerys Greece)
Hellenic Competition Authority (Athens)
Press Release: Examination of the complaint of the company MYTILINEOS S. A.* Subject: Examination of the complaint of the company MYTILINEOS S. A. - GROUP OF COMPANIES against the companies IMERYS VOXITES SA and IMERYS GREECE SA for possible violation of articles 2 of law 3959/2011 and 102 of (...)

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

The Italian Competition Authority opens investigation into excessive pricing and anticompetitive contractual conditions by a dominant ferry company (Caronte & Tourist)
Italian Competition Authority (Rome)
Antitrust: investigation launched against the ferry company Caronte & Tourist* The company is in a dominant position in passenger ferrying in the Strait of Messina The Autorità Garante della Concorrenza e del Mercato has launched an investigation against the company Caronte & Tourist (...)

The German Monopolies Commission calls for level competitive playing field in sports sector
White & Case (Dusseldorf)
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White & Case (Dusseldorf)
On July 29, 2020, the German Monopolies Commission published its 2020 biennial Report on Competition (Hauptgutachten XXIII: Wettbewerb 2020) under Section 44(1) Act against Restraints of Competition (“GWB”). In its report, the Monopolies Commission – a permanent, independent advisory body which (...)

The US Court of Appeals for the Third Circuit upholds a lower Court’s ruling certifying a class of pharmaceutical drug purchasers alleging that the defendant engaged in anticompetitive behaviour to maintain its monopoly over a drug (Suboxone / Indivior)
Hausfeld (Washington)
On July 28, 2020, a Third Circuit Court of Appeals panel unanimously upheld a lower court ruling certifying a class of Suboxone purchasers who alleged that the defendant Indivior Inc. engaged in anticompetitive behavior to maintain its monopoly over the drug. The Third Circuit panel rejected (...)

The US FTC charges a $10 million fine to a company that illegally maintained a monopoly over the Opioid Addiction Treatment Suboxone (Indivior)
US Federal Trade Commission (FTC) (Washington)
Indivior, Inc. to Pay $10 Million to Consumers, Settling FTC Charges that the Company Illegally Maintained a Monopoly over the Opioid Addiction Treatment Suboxone* FTC alleges company used anticompetitive tactics to impede competition from lower-cost generics Indivior, Inc. has agreed to pay (...)

The Slovak Competition Authority initiates administrative proceedings in the matter of a possible abuse of a dominant position in carrying out collective management of rights
Slovak Competition Authority (Bratislava)
ABUSE OF A DOMINANT POSITION: AMO SR initiated an administrative proceedings in the matter of a possible abuse of a dominant position in carrying out collective management of rights* On 20 July 2020 the Antimonopoly Office of the Slovak Republic, the Division of Abuse of a Dominant Position (...)

The Turkish Competition Authority finds the allegations of an abuse of dominance against an automobile services company groundless and does not initiate a full-fledged investigation (Samuklar / Brisa)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
On February 13, 2020, the Turkish Competition Board (“Board”) initiated a preliminary investigation upon the complaints received from Samuklar Motorlu Araçlar Madencilik İnş. San. ve Tic. Ltd. Şti.’s (“Samuklar”), which previously worked as the dealer of Brisa Bridgestone Sabancı Lastik San. ve Tic. (...)

The Mexican Competition Authority investigates monopolistic practices consisting in establishing exclusivity conditions of sale or purchase in the market for production, distribution and commercialization of medical oxygen
Mexican Competition Authority (Mexico City)
COFECE investigates possible relative monopolistic practices in the market for production, distribution and commercialization of medical oxygen in the Mexican territory* This investigation must not be understood as a prejudgment but rather as an action of the authority to verify compliance with (...)

The UK Competition Authority fines a musical manufacturing company for resale price maintenance (Roland)
United Kingdom’s Competition Authority - CMA (London)
Roland fined £4 million for illegally preventing online price discounts* Lessons from the CMA’s investigation into Roland’s use of illegal resale price maintenance (RPM). Background When online resellers have the freedom to price items independently this leads to healthy competition – rivals (...)

The Italian Competition Authority announces the opening of an investigation against two Big Tech firms for violation of Article 101 TFEU (Apple / Amazon)
Bird & Bird (Rome)
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Bird & Bird (Rome)
On 22 July, the Italian Competition Authority (the "ICA") announced it had opened an investigation against Apple and Amazon for an alleged violation of article 101 TFEU. Following a complaint received in February 2019 from a retailer who was banned from reselling products on the Amazon market, (...)

The Polish Competition Authority completes its initial activities towards the biggest 100 companies in the agri-food market and initiates proceedings against 4 commercial retail chains for unfair use of contractual advantages (Auchan Polska / Eurocash / Makro Cash and Carry Polska / Intermarche)
Polish Competition Authority (Warsaw)
UOKiK’s further proceedings in the agri-food sector* UOKiK has completed its activities towards one hundred of the biggest players on the agri-food market, which were conducted under the Act on Contractual Advantage. In the course of the UOKiK’s proceedings, the majority of entrepreneurs (...)

The Italian Supreme Administrative Court refers to the EU Court of Justice questions concerning the interpretation and application of Art. 102 TFEU following an abuse of dominance in the electricity market (Enel)
Bird & Bird (Rome)
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Bird & Bird (Rome)
On 20 July, the Italian Supreme Administrative Court (Consiglio di Stato, CDS) referred to the Court of Justice (CJ) several questions concerning the interpretation and application of Article 102 TFEU. In the context of the dispute following the Italian Competition Authority’s decision to (...)

The Croatian Competition Authority fines supermarket chain for imposing unfair trading practices in the business-to-business food supply chain (Kaufland Hrvatska)
Croatian Competition Agency (Zagreb)
Kaufland Hrvatska fined 1.1 million Kuna for imposing unfair trading practices* The Croatian Competition Agency (CCA) fined Kaufland Hrvatska k.d. (Kaufland) 1.1 million Kuna for a serious breach of the provisions of the Act on the prohibition of unfair trading practices in the (...)

The EU Court of Justice Advocate General Pitruzzella guides on the method for calculating royalties that may lead to an abuse of dominance of a Belgian collecting society (SABAM)
Van Bael & Bellis (Brussels)
On 16 July 2020, Advocate General (“AG”) Pitruzzella issued an opinion in Case C-327/19, advising the Court of Justice of the European Union (“ECJ”) on whether the method for calculating royalties used by SABAM, the Belgian collecting society, amounts to an abuse of a dominant position under (...)

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

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

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

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

The EFTA Surveillance Authority discontinues investigation into abuse of dominance by a Norwegian airline company (Widerøe)
EFTA Surveillance Authority (Brussels)
Competition: ESA discontinues Widerøe investigation* The EFTA Surveillance Authority (ESA) has discontinued an investigation regarding suspected breaches of the competition rules in the EEA Agreement. In 2016, ESA opened a formal investigation into whether Widerøe’s Flyveselskap AS (Widerøe) may (...)

The South African Competition Tribunal publishes its written reasons to penalize a pharmaceutical chain for excessive pricing (Dis-Chem) Free
Primerio Limited (Johannesburg)
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Nortons (Sandton)
South Africa’s Second Price Gouging Case: Dis-Chem Penalised For Excessive Pricing re Face Masks* On 14 July 2020, the South African Competition Tribunal published its written reasons in relation to its decision to penalize Dis-Chem (a large pharmaceutical chain in South Africa) for (...)

The Danish Competition Authority finds the largest distributor of print circulars guilty of abuse of dominance for tying its print circulars to increasing its market share in digital circulars (FK Distribution)
Danish Competition and Consumer Authority (Copenhagen)
FK Distribution has abused its dominant position* The Danish Competition Council has decided that the largest distributor of print circulars, FK Distribution, has abused its dominant position. The Council has found that the distributor has had a conduct whereby it could harm competitors on the (...)

The EFTA Surveillance Authority fines a telecom EUR 111 million for abuse of dominance in the Norwegian market for residential mobile broadband services on tablets and laptops (Telenor)
EFTA Surveillance Authority (Brussels)
ESA fines Telenor EUR 112 million for anticompetitive practices* Following an in-depth investigation, the EFTA Surveillance Authority (ESA) concludes that Telenor abused its market dominance by a pricing strategy that resulted in rivals making a loss when selling residential mobile broadband (...)

The UK Competition Authority fines a musical instrument firm for resale price maintenance (Roland / Korg)
United Kingdom’s Competition Authority - CMA (London)
Musical instrument firms to pay millions after breaking competition law* The CMA has fined 2 musical instrument makers a total of £5.5 million, in 2 separate cases, for breaking competition law by restricting online discounting of musical instruments. The fines on the companies, Roland and (...)

The Dutch Competition Authority extends its investigation into abuse of dominance by manufacturer of orphan drug CDCA (Leadiant)
Netherlands Authority for Consumers & Markets (The Hague)
ACM extends its investigation into orphan drug CDCA-Leadiant* The Netherlands Authority for Consumers and Markets (ACM) extends its investigation into the orphan drug CDCA manufactured by Leadiant. The investigation focuses on the question whether the manufacturer abuses a dominant position in (...)

The German Federal Court of Justice overturns the Düsseldorf Court of Appeals’ interim decision and finds an online social media platform to have abused its power in collecting data from different sources (Facebook)
Cleary Gottlieb Steen & Hamilton (Cologne)
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Cleary Gottlieb Steen & Hamilton (Cologne)
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Cleary Gottlieb Steen & Hamilton (Cologne)
On June 23, 2020, the Federal Court of Justice (“FCJ”) overturned the Düsseldorf Court of Appeals’ (“DCA”) interim decision and rejected Facebook Inc.’s (“Facebook”) request to suspend the enforceability of the Federal Cartel Office’s (“FCO”) prohibition decision. The FCJ disagreed with the FCO’s (...)

The German Federal Court of Justice provisionally confirms allegation of a social media company abusing dominant position (Facebook)
German Competition Authority (Bonn)
Federal Court of Justice provisionally confirms allegation of Facebook abusing dominant position* Facebook uses terms of service that also allow for the processing and use of user data that are collected online outside the Facebook platform. The Bundeskartellamt prohibited Facebook from (...)

The German Federal Court of Justice preliminarily confirms that an online platform abused its dominant position on the German market of social networks (Facebook)
Van Bael & Bellis (Brussels)
On 23 June 2020, the German Federal Court of Justice (“FCJ”), in summary proceedings, preliminarily confirmed the finding of the Federal Cartel Office (“FCO”) that Facebook had abused its dominant position. It overturned the decision of the Higher Regional Court of Düsseldorf that had suspended the (...)

The German Federal Court of Justice confirms an abuse of dominance over data collection by an online platform without the user’s explicit consent (Facebook)
Bird & Bird (Dusseldorf)
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Bird & Bird (Dusseldorf)
The Federal Court of Justice (FCJ) rejected Facebook’s application for suspensive effect in connection to its appeal to the Higher Regional Court of Düsseldorf against the decision of the Federal Cartel Office (FCO) prohibiting Facebook from collecting and processing Facebook users’ data generated (...)

The Italian Competition Authority upholds a provisional interim order against abusive practice interfering with a competitive tender procedure (TPL Toscana)
Giannino SI (Monserrato)
Introduction On 23 June the Italian Competition Authority (ICA) has upheld a provision interim order in the context of an Article 102 TFEU investigation in the TPL Toscana case . The ICA was satisfied that there was a prime facie case for an Article 102 TFEU breach that justified the granting (...)

The UK Competition Authority opens investigations against four pharmacies and convenience stores for suspected breaches of antitrust rules by charging excessive and unfair prices for hand sanitiser products during the COVID-19 outbreak Free
Morgan Lewis (London)
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Morgan Lewis (London)
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Morgan Lewis (London)
The UK Competition and Markets Authority on June 19 announced that it had opened investigations against four pharmacies and convenience stores in relation to suspected breaches of antitrust rules by charging excessive and unfair prices for hand sanitiser products during the coronavirus (...)

The Lithuanian Competition Authority fines retailer for unfair commercial practices to food and drink suppliers (Palink)
Lithuanian Competition Authority (Vilnius)
Retailer Palink Receives Fine for Unfair Commercial Practices to Food and Drink Suppliers* The Lithuanian competition authority Konkurencijos taryba found that UAB Palink, one of the major retail companies in Lithuania, infringed the Law on the Prohibition of Unfair Practices of Retailers (...)

The Australian Competition Authority proposes not to allow a camping industry association’s loyalty program due to its conditions amounting to exclusive dealing (Caravanning Queensland)
Australian Competition and Consumer Commission (Canberra)
Caravanning Queensland’s proposed ‘loyalty program’ raises competition concerns* The ACCC proposes not to allow plans by Caravan Trade and Industries Association of Queensland (Caravanning Queensland) to offer a ‘loyalty program’ to its members. Under the program, Caravanning Queensland would (...)

The EU Commission opens investigations into tech company’s mobile app store rules for developers (Apple App Store)
DG COMP (Brussels)
Antitrust: Commission opens investigations into Apple’s App Store rules* The European Commission has opened formal antitrust investigations to assess whether Apple’s rules for app developers on the distribution of apps via the App Store violate EU competition rules. The investigations concern in (...)

The EU Commission opens investigation into tech company’s mobile payment and digital wallet service (Apple Pay)
DG COMP (Brussels)
Antitrust: Commission opens investigation into Apple practices regarding Apple Pay* The European Commission has opened a formal antitrust investigation to assess whether Apple’s conduct in connection with Apple Pay violates EU competition rules. The investigation concerns Apple’s terms, (...)

The Japanese FTC issues a cease and desist order against airplane fuel provider for requesting its customers not to be refuelled by its competitor (Mainami Aviation Services)
Japan Fair Trade Commission (Tokyo)
The JFTC Issued a Cease and Desist Order against Mainami Aviation Services Co., Ltd* Today, the Japan Fair Trade Commission (JFTC) issued a cease and desist order against Mainami Aviation Services Co., Ltd (Hereinafter “Mainami Aviation Services”). In this case, Mainami Aviation Services has (...)

The Australian Competition Authority rejects a company’s proposal to set minimum resale prices for power tools, accessories, and attachments (Stanley Black & Decker)
Australian Competition and Consumer Commission (Canberra)
Proposal to set minimum advertised prices for Dewalt power tools rejected* The ACCC has issued a final notice rejecting a proposal by Stanley Black & Decker to set a minimum advertised price for Dewalt brand power tools, accessories and attachments. The ACCC has assessed Stanley Black (...)

The Italian Competition Authority investigates whether a current gas distribution concessionaire abused dominance to delay competitive bidding for the next concession (Italgas Reti)
Italian Competition Authority (Rome)
ICA: investigation launched into Italgas to verify abusive practices in the tender for the gas distribution service in some municipalities in the province of Venice* The Authority has decided to launch an investigation to verify whether Italgas Reti Spa, the current operator under extension of (...)

The German Federal Court of Justice rejects an appeal against prohibition of exclusivity clauses in online sales of event tickets (Eventim)
Van Bael & Bellis (Brussels)
In December 2017, the German Federal Cartel Office (“FCO”) prohibited ticketing services provider CTS Eventim from using exclusivity agreements with event organisers and ticket offices. CTS Eventim had to amend its contractual clauses and allow trading partners to sell at least 20% of their (...)

The Beijing Intellectual Property Court rules that a national audio-video copyright association did not abuse its dominant position (KTV / CAVCA)
King & Wood Mallesons (Beijing)
Antitrust litigations concerning intellectual property rights increased in 2020. Among notable cases, the case of eight KTV v. China Audio Video Copyright Association (“CAVCA”) for its abuse of dominance attracted particular attention. Background In this case, the plaintiffs of eight KTV (...)

The Belgian Government passes a law prohibiting companies from abusing non-dominant positions vis-à-vis companies that are economically dependent on them
Hogan Lovells (Brussels)
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Hogan Lovells (Brussels)
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Hogan Lovells (Brussels)
A new form of competition law infringement will be enforceable in Belgium* (in addition to the prohibitions on anti-competitive agreements and abuses of a dominant position). The new Article IV.2/1 of the Belgian Competition Act (CA) will prohibit companies from abusing a non-dominant position (...)

The Indian Competition Appellate Tribunal interprets strictly ’sufficient cause’ in an appellate framework for Competition matters to tackle forum shopping practices (MAJ. PANKAJ RAI / NITT)
Gujarat National Law University (Gandhinagar)
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Gujarat National Law University (Gandhinagar)
The National Company Law Appellate Tribunal (NCLAT) in New Delhi, India’s appellate tribunal for competition matters has given a decisive ruling for appeals of orders of the Competition Commission of India (CCI). In Maj. Pankaj Rai v Secretary, Competition Commission of India decided in May, (...)

The Mexican Competition Authority launches public consultation on the guide to process the investigation procedure for absolute monopolistic practices
Mexican Competition Authority (Mexico City)
COFECE launches public consultation on the guide to process the investigation procedure for absolute monopolistic practices* PUBLIC CONSULTATION ON THE DRAFT MODIFICATIONS TO THE GUIDE TO FILE THE INVESTIGATION PROCEDURE FOR ABSOLUTE MONOPOLISTIC PRACTICES Pursuant to articles 28, paragraphs (...)

The OECD issues note on exploitative pricing in the time of COVID-19 Free
OECD - Competition Division (Paris)
One of the many consequences of the COVID-19 crisis is the disruption of supply chains. Together with increased demand, this has led to shortages in a number of essential products. These shortages are influencing the behaviour of firms and may have led to potentially exploitative prices in some (...)

The Amsterdam Court of Appeal finds an absence of an abuse of dominance by one of the largest real estate agencies in the Netherlands (VBO / NVM / Funda)
Bird & Bird (Amsterdam)
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Bird & Bird (Amsterdam)
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Bird & Bird (The Hague)
On 26 May 2020, the Amsterdam Court of Appeal (“Court”) delivered its judgment in a dispute between the real estate association VBO Makelaars (“VBO”) versus the Dutch Association of Real Estate Agents (“NVM”) over the online real estate platform of Funda Real Estate (“Funda”). The Court assumed that (...)

The Amsterdam Court of Appeal dismisses a claim that a real estate agent association’s self-preferencing strategy is abusive because the competitive position remained unaffected (VBO / NVM / Funda)
Van Bael & Bellis (Brussels)
On 26 May 2020, the Amsterdam Court of Appeal (the “Court”) handed down its judgment in the dispute between the real estate agent association VBO (“VBO”) and Funda Real Estate (“Funda”) and the Dutch Association of Real Estate Agents (“NVM”). The Court upheld the judgment of the District Court finding (...)

The Amsterdam Court of Appeal rules that there is no abuse of dominance by one of the largest real estate agencies in the Netherlands (VBO / NVM / Funda)
Leiden Law School (Hague)
In its judgment, on the 26th May 2020, the Amsterdam Court of Appeal (‘the Court’) ruled that there is no abuse of Funda’s dominant position. The Court hereby dismissed the claim which had been filed by VBO Estate Agents in The Netherlands against Funda. This judgment ended a six-year-old dispute (...)

The Cypriot Competition Authority fines detergent seller €3.3M for abuse of dominance and obstruction of parallel imports of its products by competitors (Κ.A.C. Constantinides Trading / GPM-Henkel)
Commission for the Protection of Competition of the Republic of Cyprus (Nicosia)
The Commission for the Protection of Competition has imposed on Henkel AG & Co. KGaA, jointly and severally with GPM-Henkel Ltd, a total administrative fine amounting to €3.302.000 (three million, three hundred and two thousand euro) for infringement of Section 6(1)(b) of the Law and the (...)

The Finnish Competition Authority proposes a €9 million fine against import & hardware company for resale price maintenance (Isojoen Konehalli Oy)
Finnish Competition and Consumer Authority (Helsinki)
FCCA proposes a penalty of EUR 9 million to IKH for resale price maintenance* The Finnish Competition and Consumer Authority (FCCA) proposes that the Market Court impose a penalty of EUR 9 million on Isojoen Konehalli Oy (IKH) for engaging in illegal resale price maintenance (RPM). In (...)

The Ankara Regional Administrative Court annuls the Turkish Competition Authority’s decision that concluded a violation but no fine because the same action and subject had already previously been fined (Mey İçki)
ACTECON (Istanbul)
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ACTECON (Istanbul)
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ACTECON (Istanbul)
The Regional Administrative Court Found the Turkish Competition Authority’s Decision concerning Mey İçki Unlawful: Abuse of the Dominance Should Be Evaluated Separately in terms of Each Product Market!* Introduction The Ankara Regional Administrative Court’s 8th Administrative Chamber (“Regional (...)

The German Federal Court of Justice issues a judgment in a case involving SEP licensing negotiations on FRAND terms between two companies active in the mobile telecommunication market (Sisvel / Haier)
Van Bael & Bellis (Brussels)
On 5 May 2020, the German Federal Court of Justice (Bundesgerichtshof - the “FCJ”) delivered a judgment in a case pitting Sisvel against Haier which deals with the licensing of Standard Essential Patents (“SEP”) on terms that are fair, reasonable and non-discriminatory (“FRAND”). This is the first (...)

The German Federal Court of Justice rules on SEP licensing negotiations on FRAND terms in the mobile telecommunications market (Sisvel / Haier)
McDermott Will & Emery (Dusseldorf)
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McDermott Will & Emery (Dusseldorf)
The German Federal Court of Justice (FCJ) has issued its decision in a landmark case regarding standard essential patents (SEPs) and fair, reasonable and nondiscriminatory (FRAND) licensing of SEPs. The judgment, dated 5 May 2020, was handed down in litigation between the Sisvel patent pool and (...)

The German Federal Court of Justice clarifies obligations of parties in SEP licensing negotiations on FRAND terms (Sisvel / Haier)
Van Bael & Bellis (Brussels)
In its judgment of 5 May 2020, the Federal Court of Justice (“FCJ”) overturned the appeal ruling of the Higher Regional Court of Düsseldorf (the “Düsseldorf Court”) and found that Haier’s mobile telephones and tablets infringed Sisvel’s standard-essential patent (“SEP”) and that Sisvel had not abused (...)

The Dutch Competition Authority suspends enforcement proceedings against a national postal operator because the initiating competitor has since been acquired by the national postal operator, resulting in fundamental changes in the market organization (PostNL / Sandd)
Netherlands Authority for Consumers & Markets (The Hague)
ACM suspends enforcement proceedings against Dutch postal operator PostNL* The Netherlands Authority for Consumers and Markets (ACM) has decided to suspend its enforcement proceedings against Dutch postal operator PostNL, which had been initiated following a request for enforcement filed by (...)

The Danish Competition Authority finds a company abused its dominance in the market for rental of portable toilets to events by applying a standard exclusivity obligation to customers on long-term rental agreements (Godik)
Danish Competition and Consumer Authority (Copenhagen)
Godik has abused its dominant position on the Danish market for rental of portable toilets to events by applying a standard exclusivity obligation to customers on long-term rental agreements* On 29 April 2020, the Danish Competition Council (“the DCC”) adopted a decision concerning Godik’s (a (...)

The EU Commission seeks feedback on commitments offered by semiconductor manufacturer concerning TV set-top box and modem chipset markets (Broadcom)
DG COMP (Brussels)
Antitrust: Commission seeks feedback on commitments offered by Broadcom concerning TV set-top box and modem chipset markets* The European Commission invites comments from interested parties on commitments offered by Broadcom to address competition concerns in relation to Broadcom’s conduct in (...)

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

The UK Competition Authority publishes update on its COVID-19 taskforce including a number of excessive pricing complaints and investigations Free
United Kingdom’s Competition Authority - CMA (London)
CMA publishes update on COVID-19 Taskforce* The CMA has today published an update from its COVID-19 Taskforce, set up to monitor and respond to consumer and competition problems arising from the pandemic. As part of the Taskforce’s work, it asked the public for information about businesses (...)

The Slovak Competition Authority opens an investigation into alleged abuse of a dominant position in the energy and media production distribution sectors
Norton Rose Fulbright (Brussels)
Slovak Antimonopoly Office maintains enforcement pressure during pandemic with dominance abuse probe in energy and media sectors* On April 21, 2020, the Antimonopoly Office of the Slovak Republic (the AMO) opened an investigation into an alleged abuse of a dominant position in the energy and (...)

The French Competition Authority imposes interim measures against a research engine suspected to abuse of its dominance by infringing the law relating to neighbouring rights (Google)
French Competition Authority (Paris)
Neighbouring rights: the Autorité has granted requests for urgent interim measures presented by press publishers and the news agency AFP (Agence France Presse)* It requires Google to negotiate with publishers and news agencies the remuneration due to them under the law relating to neighbouring (...)

The Chinese State Administration for Market Regulation fines three pharmaceutical companies for abuse of dominance in the distribution of injectable drug and confirms that medical devices sectors continue to be an enforcement priority amid the COVID-19 outbreak (Kanghui / Puyunhui / Taiyangshen) Free
Herbert Smith Freehills (Shanghai)
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Herbert Smith Freehills (Hong Kong)
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Herbert Smith Freehills (Hong Kong)
On 9 April 2020, China’s State Administration for Market Regulation (SAMR) fined 3 pharmaceutical companies for abuse of dominance in the distribution of injectable calcium gluconate Active Pharmaceutical Ingredient (API). The three companies were found to be in breach of the PRC’s Anti-Monopoly (...)

The French Competition Authority issues interim measures requiring a big tech company to negotiate in good faith with press publishers the terms and conditions for the re-use of their content (Google / Alliance)
Van Bael & Bellis (Brussels)
On 9 April 2020, the French Competition Authority (the “FCA”) issued Decision n° 20-MC-01 relative à des demandes de mesures conservatoires présentées par le Syndicat des éditeurs de la presse magazine, l’Alliance de la presse d’information générale e.a. et l’Agence France-Presse ordering interim (...)

The Chinese State Administration for Market Regulation fines three domestic pharmaceutical companies for abuse of dominance in the sale of injectable pharmaceutical ingredient (Kanghui / Puyunhui / Taiyangshen)
FenXun Partners (Beijing)
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Baker McKenzie (Beijing)
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Baker McKenzie (Beijing)
On 9 April 2020, China’s State Administration for Market Regulation (SAMR) fined three domestic pharmaceutical companies Shandong Kanghui Medicine Company Limited ("Kanghui"), Weifang Puyunhui Pharmaceutical Company Limited ("Puyunhui") and Weifang Taiyangshen Company Limited Pharmaceutical (...)

The French Competition Authority imposes interim measures on a big tech giant to negotiate in good faith with press publishers and news agencies the remuneration associated to the use of their content based on transparent, objective and non-discriminatory criteria (Google)
Bird & Bird (Paris)
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Bird & Bird (Paris)
On 9 April 2020, the FCA imposed interim measures on Google, ordering the big tech giant to negotiate in good faith with press publishers and news agencies the remuneration associated to the use of their content based on transparent, objective and non-discriminatory criteria. These interim (...)

The Croatian Competition Authority fines major milk processor and buyer for imposing unfair trading practices on milk suppliers (Vindija)
Croatian Competition Agency (Zagreb)
Vindija d.d. sanctioned HRK 284,000 for imposing unfair trading practices on milk suppliers* The Croatian Competition Agency found that the milk processor and buyer Vindija seriously violated the Act on the prohibition of unfair trading practices in the business-to-business food supply chain (...)

The French Competition Authority imposes interim measures on a dominant big tech company requiring it to enter into good faith negotiations with publishers and new agencies (Google)
Hausfeld (Brussels)
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Hausfeld (London)
After the record fine of 1.1 billion euros against Apple, the French Competition Authority continues to show a strong leadership in its fight against “Big Tech” — Google, Apple, Facebook, and Amazon, the “GAFAs,” — by imposing interim measures on Google, requiring it to enter into good faith (...)

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

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

The Italian Court of Cassation rules on the limitation period of antitrust damages claims in two judgements in the telecommunications sector (Uno Communications / Telecom Italia / Vodafone Italia)
White & Case (Milan)
1.- Introduction By judgements issued on the 27th of February, 2020, No. 5381, and on the 3rd of April 2020, No. 7677, the Italian Court of Cassation (Corte di Cassazione) ruled that the antitrust damages claims brought by Uno Communications S.p.A. against Vodafone Italia S.p.A. and Telecom (...)

The US State Attorneys General from 33 States and Territories, led by Pennsylvania, Connecticut, New Mexico, and Vermont urge online marketplaces to more rigorously monitor price gouging practices by online sellers using their services (Amazon / Facebook / Ebay / Walmart / Craigslist) Free
Office of the Attorney General - Pennsylvania
AG Shapiro: Amazon, Facebook, Ebay, Walmart, Craigslist Must Stop Site Price Gouging by Online Sellers* HARRISBURG― Attorney General Josh Shapiro today issued a letter with co-leading Attorneys General Hector Balderas, William Tong, and T.J. Donovan, and 29 of their Attorneys General (...)

The US State Attorneys General from 33 States, led by Pennsylvania AG Shapiro issue a letter urging online marketplaces to monitor more rigorously price gouging practices especially for online sellers (Amazon / Facebook / Ebay / Walmart / Craigslist) Free
Troutman Sanders (Richmond)
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Troutman Sanders (Richmond)
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Troutman Sanders (Richmond)
33 Attorneys General Urge Online Sellers To Take Steps To Fight Price Gouging* Today, a bipartisan group of 33 state attorneys general, led by Pennsylvania Attorney General Josh Shapiro, sent a letter urging online marketplaces to more rigorously monitor price gouging practices by online (...)

The Turkish Competition Authority announces a zero-tolerance policy against excessive price increases in the food sector during the COVID-19 outbreak Free
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ACTECON (Istanbul)
The world is clearly going through uncertain times as a result of the COVID-19 outbreak. In Turkey, although at the moment there are significantly fewer confirmed cases of COVID-19 in Turkey as compared to the Western European countries and the UK, the COVID-19 pandemic outbrea k has also (...)

The Turkish Competition Authority warns it will impose the most serious administrative fines on food sellers who charged excessive prices during the COVID-19 pandemic Free
Turkish Competition Authority (Ankara)
PUBLIC ANNOUNCEMENT* It is observed that in our food market, especially in the market for fresh vegetables and fruits, there are extreme price increases in an opportunist manner nowadays, while we are facing with global COVID-19 outbreak. Being granted the power to protect consumer welfare (...)

The UK Competition Authority writes an open letter to the pharmaceutical, food and drink industries warning them not to exploit the COVID-19 outbreak to charge prices that might be deemed excessive Free
United Kingdom’s Competition Authority - CMA (London)
Coronavirus (COVID-19): CMA open letter to pharmaceutical and food and drink industries.* The Competition and Markets Authority has published an open letter for businesses in the pharmaceutical and food and drink industries. Details We have written an open letter to the pharmaceutical and (...)

The UK Competition Authority investigates four pharmacies and convenience stores for excessive and unfair pricing of hand sanitiser products during the COVID-19 pandemic Free
Bird & Bird (London)
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Bird & Bird (London)
The Competition and Markets Authority (CMA) is investigating four pharmacies and convenience stores for suspected breaches of competition law. The investigations, under Chapter II of the Competition Act 1998 (CA 98), relate to suspected charging of excessive and unfair prices for hand sanitiser (...)

The Dutch Trade and Industry Appeals Tribunal annuls the Competition Authority decision requiring telecommunications providers to open networks (KPN / VodafoneZiggo / T-Mobile / Tele2)
Van Bael & Bellis (Brussels)
On 17 March 2020, the Dutch Trade and Industry Appeals Tribunal (“Appeals Tribunal”) reversed a decision of the Authority for Consumers & Markets (“ACM”) which required telecommunications provider KPN and cable provider VodafoneZiggo to open their fixed networks to other providers. On 27 (...)

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

The Ukrainian Competition Authority issues recommendations to pharmacies and retailers against excessive prices for masks, examines price hikes for airline tickets and monitors prices for disinfectants and consumption basket products Free
Redcliffe Partners (Kyiv)
As with other competition authorities, the Antimonopoly Committee of Ukraine (the "AMC") is responding promptly during the coronavirus outbreak. On 13 March 2020, the AMC announced that it would investigate any unjustified price hikes for medicines, face masks and other personal health (...)

The Indian National Company Law Appellate Tribunal upholds the Competition Authority’s decision that a company mandating a party to sign an agreement which contains unfair and restrictive clauses is tantamount to abuse of its dominance (Verifone)
Supreme Court of India
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Supreme Court of India
Introduction The National Company Law Appellate Tribunal (NCLAT) by way of its common order dated 13 March 2020 dismissed two appeals preferred by M/s Verifone India Sales Pvt Ltd. (Appellant/ OP 1/ Verifone) against two separate orders passed by the Competition Commission of India (CCI). (...)

The Italian Supreme Administrative Court rejects an appeal lodged by a multinational drug company against a previous decision ascertaining it as having abused its dominant position by imposing unfair prices for drugs (Aspen)
Bird & Bird (Rome)
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Bird & Bird (Rome)
On 13 March, the Italian Supreme Administrative Court ("Consiglio di Stato") rejected the appeal lodged by the multinational Aspen Group against the decision of the Regional Administrative Court of Lazio (“TAR”), which fully upheld the decision adopted by the Italian Competition Authority (“ICA”) (...)

The UK Court of Appeal considers the test for excessive pricing after an undertaking had charged unfairly high prices for phenytoin sodium capsules (Pfizer / Flynn)
Bristows (London)
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Bristows (London)
Introduction In December 2016, the UK’s Competition and Markets Authority (CMA) found that Pfizer and Flynn had charged unfairly high prices for phenytoin sodium capsules, an important anti-epilepsy drug, in breach of competition law. The CMA imposed fines totalling £90 million. Pfizer and Flynn (...)

The UK Court of Appeal seeks to reinstate record fines totalling £89.4million imposed on pharmaceutical companies for abuse of dominant position through excessive and unfair pricing of an anti-epilepsy drug (Pfizer / Flynn)
Herbert Smith Freehills (London)
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Herbert Smith Freehills (Brussels)
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Herbert Smith Freehills (London)
On 10 March 2020 the UK Court of Appeal handed down its hotly anticipated judgment in Flynn Pharma Limited & Anr vs Competition and Markets Authority. The UK Competition and Markets Authority (CMA) was seeking to reinstate record fines totalling £89.4m imposed on pharmaceutical companies (...)

The UK Court of Appeal dismisses the Competition Authority’s appeal against the Competition Appeals Tribunal ruling quashing fines imposed on two pharmaceutical companies for charging excessive and unfair prices for an anti-epilepsy drug (Pfizer / Flynn)
Van Bael & Bellis (Brussels)
On 10 March 2020, the UK’s Court of Appeal dismissed the Competition and Market Authority’s (“CMA”) appeal against a 2018 ruling by the Competition Appeals Tribunal (“CAT”) that quashed the CMA’s 2016 fine imposed on Pfizer and Flynn for charging excessive and unfair prices for phenytoin sodium (an (...)

The Japanese FTC files then withdraws petition for an urgent injunction against dominant online retail company’s new policy after policy is changed due to COVID-19 (Rakuten Ichiba) Free
Japan Fair Trade Commission (Tokyo)
The JFTC has Filed a petition for an Urgent Injunction against Rakuten, Inc.* Today, the Japan Fair Trade Commission (JFTC) has filed a petition for an urgent injunction to the Tokyo District Court in accordance with the provision of Article 70-4, paragraph 1 of the Antimonopoly Act, seeking (...)

The UK Court of Appeal imposes agency discretion in the methodology to establish the unfairness of prices, thereby increasing the burden of proof on companies to avoid a finding of excessive pricing (Flynn / Pfizer)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
The UK Court of Appeal Overturns the CAT & Imposes Agency Discretion on Excessive Price Benchmark* On March 10, 2020, the England and Wales Court of Appeal (CoA) handed down a significant ruling that reintroduces agency discretion in the methodology used to establish the unfairness of (...)

The UK Court of Appeal upholds the Competition Appeal Tribunal’s quashing of the Competition Authority’s decision against pharmaceutical undertakings who had abused their dominant position by pricing their epilepsy drug unfairly (Pfizer / Flynn Pharma)
White & Case (Brussels)
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White & Case (Brussels)
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White & Case (London)
On 10 March 2020 the Court of Appeal upheld the Competition Appeal Tribunal’s (CAT) quashing of the Competition and Markets Authority’s (CMA) decision that Pfizer and Flynn Pharma (Flynn) had abused their dominant positions in the market by pricing their epilepsy drug unfairly. Among other (...)

The UK Court of Appeal provides guidance regarding the legal test to determine whether pricing is excessive and unfair in the pharmaceutical market (Flynn Pharma / Pfizer)
Covington & Burling (Brussels)
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Covington & Burling (Brussels)
The UK Court of Appeal Clarifies the Legal Test for Excessive Pricing* Under Article 102 of the Treaty on the Functioning of the European Union (“TFEU”), an undertaking may abuse its dominant position by “directly or indirectly imposing unfair purchase or selling prices”. The UK Court of Appeal (...)

The UK Court of Appeal provides guidance on the legal test for excessive and unfair pricing after finding that an undertaking is charged unfairly high prices for phenytoin sodium capsules (Flynn / Pfizer)
Covington & Burling (Brussels)
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Covington & Burling (Brussels)
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Covington & Burling (Brussels)
Under Article 102 of the Treaty on the Functioning of the European Union (“TFEU”), an undertaking may abuse its dominant position by “directly or indirectly imposing unfair purchase or selling prices”. The UK Court of Appeal recently provided guidance regarding the legal test to determine whether (...)

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

The Italian Competition Authority sanctions a telecommunications company for having undertaken a complex abusive strategy aimed at hindering the entry of the new infrastructure competitors in the broadband communication services sector (Telecom Italia)
Bird & Bird (Rome)
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Bird & Bird (Rome)
The Italian Antitrust Authority ("ICA") launched in June 2017 a proceeding for alleged violations of Article 102 TFEU committed by Telecom Italia ("TI") - through a complex abusive strategy aimed at a double purpose: in the retail market, to make its customer base less contestable by other (...)

The Danish Maritime and Commercial Court finds a medicine distributor guilty of abusing its dominant position (CD Pharma)
Bird & Bird (Copenhagen)
On 3 March 2020, the Danish Maritime and Commercial Court found a medicine distributor, CD Pharma AB, guilty of having abused its dominant position back in 2014. Due to its dominant position, the undertaking in question had a special responsibility not to harm competition – a responsibility that (...)

The German Competition Authority finds in a preliminary assessment that requests for special rebates from a furniture retailer to its suppliers could have been abusive (XXXLutz)
Van Bael & Bellis (Brussels)
According to a press release and case report of 27 February 2020, the German Federal Cartel Office (“FCO”) found in a preliminary assessment that requests for special rebates of furniture retailer XXXLutz could have been abusive. After the retailer changed its conduct, the FCO decided not to (...)

The Italian Competition Authority fines €116M the largest national telecommunications provider for broadband market abuse (TIM)
Van Bael & Bellis (Brussels)
On 25 February 2020, the Italian Competition Authority (“AGCM”) fined Telecom Italia (“TIM”) € 116 million for abusing its dominant position in the broadband market by hindering its competitors’ investments in ultra-fast broadband. TIM is currently the largest telecommunications pro- vider in Italy. (...)

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

The Canadian Competition Authority receives a complaint about abuse of dominance in the internet services market (Teksavvy / Bell / Rogers)
Affleck Greene McMurtry (Toronto)
TekSavvy Claims That Bell And Rogers Abuse Their Dominant Position For Internet Services* In a public version of its complaint to the Canadian Competition Commissioner (see below), Internet re-seller TekSavvy says that Bell Canada and Rogers Communications Canada have been abusing their (...)

The Turkish Competition Authority fines €13 million a big tech company for excluding its competitors in shopping comparison services (Google Shopping)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
On May 27, 2020, the Turkish Competition Authority (“TCA”) published its Google Shopping Decision (13.02.2020, 20-10/119-69) whereby it imposed an administrative fine amounting to approx. EUR 13 million on Google for hindering the activities of its competitors in the “shopping comparison services (...)

The EU General Court hears an appeal following abuse of dominance decision involving online comparison shopping services (Google)
Hausfeld (London)
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Hausfeld (London)
Introduction From 12-14 February 2020, the European Union’s General Court (the “General Court”) heard Google’s appeal of the European Commission’s 27 June 2017 abuse of dominance decision pursuant to Article 102 TFEU (the “Decision”) involving on-line comparison shopping services (“CSSs”). A central (...)

The EU General Court hears an appeal for abuse of dominance in online comparison shopping services (Google)
Catholic University of Louvain
Background On 27 June 2017, the European Commission imposed a record fine of 2.42 billion euros to Google for abuse of dominant position under Article 102 TFEU consisting in self-favouring its own Comparison Shopping Service (“CSS”) by displaying it more prominently and under enriched features (...)

The Indian Competition Authority closes a case of alleged abuse of dominance by the Indian state broadcaster and the Ministry of Information and Broadcasting (Next Radio / Prasar Bharti / Ministry of Information and Broadcasting)
Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (New Delhi)
The CCI closed a case of alleged abuse of dominance by Indian state broadcaster Prasar Bharti and the Ministry of Information and Broadcasting (Opposite Parties). [1] Two private broadcasters complained that the Opposite Parties had abused their dominance in the market for the provision of (...)

The EU Court of Justice clarifies the criteria for the pay-for-delay agreements in the pharmaceutical sector (Generics - UK / GlaxoSmithKline / Actavis / Xellia Pharmaceuticals / Merck / Alpharma)
Herbert Smith Freehills (Brussels)
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Herbert Smith Freehills (Brussels)
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Herbert Smith Freehills (London)
On 30 January 2020 the European Court of Justice (“ECJ”) clarified for the first time the criteria governing whether so-called “pay-for-delay” agreements entered into between originator and generic pharmaceutical companies fall foul of EU competition law rules. Such agreements are a form of patent (...)

The EU Court of Justice rules that pay-for-delay patent settlements may restrict competition by object (Generics - UK / GlaxoSmithKline / Actavis / Xellia Pharmaceuticals / Merck / Alpharma)
Van Bael & Bellis (Brussels)
On 30 January 2020, the Court of Justice of the European Union (the “ECJ”) handed down its judgment in Case C-307/18, Generics (UK) and Others. This case marks the first time the ECJ has ruled on patent settlement agree- ments between originator pharmaceutical companies and generic producers. (...)

The EU Court of Justice clarifies for the first time when patent settlement agreements that restrict a generic pharmaceutical company’s ability to enter the market infringe the EU antitrust rules (Generics - UK / GlaxoSmithKline / Actavis / Xellia Pharmaceuticals / Merck / Alpharma)
Baker Botts (Brussels)
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Baker Botts (Brussels)
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Baker Botts (Brussels)
In a major judgment handed down on 30 January 2020 in Generics (UK) and Others, the EU Court of Justice (the Court) – the EU’s highest court – clarified for the first time the analytical framework for assessing when patent settlement agreements that restrict a generic pharmaceutical company’s (...)

The Indian Competition Authority dismisses a complaint by a fintech company for becoming dominant in the market after purchasing a technology provider in the financial services industry (Satyen Narendra Bajaj / PayU)
Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (New Delhi)
It is trite law that, while the Competition Act prohibits an abuse of a dominant position, the mere existence of a dominant position with no evidence of abuse is not prohibited. This was made clear by the CCI in dismissing a complaint that PayU, a fintech company that provides payment (...)

The Belgian Competition Authority imposes interim measures against a sport’s association because of its anticompetitive rules (Belgian Bumper Pool Association)
Belgian Competition Authority (Brussels)
Interim measure imposed on the Belgian Bumper Pool Association concerning the bumper pool balls that may be played with in competitions and matches* At the request of HCSB BVBA (manufacturer of bumper pool balls), the Competition College of the Belgian Competition Authority (BCA) has imposed (...)

The French Competition Authority rejects a request for interim measures against a dominant telecom company accused of denying access to its fibre-to-the-premises infrastructure (AOTA / Orange)
French Competition Authority (Paris)
Orange activated fibre offer: the Autorité rejects the complaint of AOTA* The Autorité de la concurrence rejects the AOTA’s complaint regarding Orange’s practices for lack of evidence. The Autorité also announces the launching of an exploratory investigation into the business telecoms market. The (...)

The French Competition Authority finds that a non-notifiable acquisition does not amount to an abuse of dominant position in the broadcasting market (Towercast / Itas / TDF)
Van Bael & Bellis (Brussels)
On 16 January 2020, the French Competition Authority (the “FCA”) handed down a decision in which it found that mergers and acquisitions did not amount to an abuse of a dominant position. In the case at hand, Towercast (a company active on the market of terrestrial broadcasting in France) (...)

The Indian Competition Authority opens an investigation into allegations that a paint sector undertaking threatened anticompetitive actions against dealers who sought to partner with the complainant (JSW Paints / Asian Paints)
Shardul Amarchand Mangaldas (New Delhi)
,
Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (New Delhi)
The CCI directed the DG to investigate allegations that Asian Paints had abused its dominant position in decorative paints by threatening dealers who sought to partner with the complainant, JSW Paints. [1] The CCI found prima facie that Asian Paints was dominant given its above 50% market (...)

The Czech Competition Authority fines the collective rights management organisation for abuse of a dominant position (OSA)
Bird & Bird (Prague)
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Bird & Bird (Prague)
In a first-instance decision, the Office for the Protection of Competition ("Office") imposed a fine amounting to CZK 10,676,000 on the collective rights management organisation, Ochranný svaz autorský pro práva k dílům hudebním ("OSA"), for an abuse of a dominant position. The decision has been (...)

The Turkish Competition Authority publishes its first investigation concerning abuse of dominance by a standard essential patent holder (Philips)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkish Competition Authority’s (“TCA”) Philips Decision (26.12.2019, 19-46/790-344 – published on 27.05.2020) is quite significant as it is the first time that the TCA examined the conducts of a Standard Essential Patent (“SEP”) holder within the scope of Article 6 of the Act No. 4054 on the (...)

The Israeli Competition Authority fines a company for abuse of its monopoly status, unreasonable refusal to supply and for the violation of merger conditions in the soft drink market (Coca Cola)
Israel Competition Authority (Jerusalem)
THE COMMISSIONER OF COMPETITION FINED COCA COLA ISRAEL APPROXIMATELY NIS 39 MILLION:* The Commissioner of Competition decided today (Tuesday) to impose a monetary sanction of approximately NIS 39 Million on the Central Company for Sales and Distribution, for abusing its monopoly status, for (...)

The Copenhagen City Court fines an ambulance service company for abusing of its dominant position by excluding its competitors through the adoption of exclusion strategies (Falck / BIOs)
Danish Competition and Consumer Authority (Copenhagen)
FINE OF DKK 30 MILLION TO FALCK* The City Court of Copenhagen has imposed a fine of DKK 30 million to the ambulance service company Falck Danmark A/S for abuse of dominant position. Falck abused its dominant position by excluding its competitor BIOS from ambulance services in the Region of (...)

The Californian Attorney General announces a $575 million settlement with the largest hospital system in Northern California (Sutter)
McDermott Will & Emery (Chicago)
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McDermott Will & Emery (Chicago)
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McDermott Will & Emery (Washington)
CALIFORNIA ATTORNEY GENERAL ANNOUNCES HISTORIC $575 MILLION SETTLEMENT OF ANTITRUST SUIT AGAINST SUTTER HEALTH * California Attorney General Xavier Becerra (AG Becerra) announced on Friday, December 20, 2019, the terms of a comprehensive settlement agreement reached with Sutter Health (...)

The French Competition Authority fines a research engine company for abuse of dominance in the search advertising market (Google)
French Competition Authority (Paris)
The Autorité de la concurrence hands down a €150M fine for abuse of a dominant position* Google has abused its dominant position in the search advertising market by adopting operating rules of its Google Ads advertising platform which are opaque and difficult to understand and by applying them (...)

The French Competition Authority fines a company for abusing its dominant position in the online search advertising market (Google)
Van Bael & Bellis (Brussels)
On 20 December 2019, the French Competition Authority (“FCA”) announced that it had imposed a € 150 million fine on Google for abusing its dominant position in the market for search advertising. This is the fourth antitrust fine imposed on Google by a competition authority of the EU in less than (...)

The French Competition Authority fines €150 million a big tech company for abusing its dominant position in the search advertising market (Google)
Bird & Bird (Paris)
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Bird & Bird (Paris)
On 19 December 2019, the French Competition Authority ("FCA") fined Google for abusing its dominant position in the French search advertising market. The decision follows a complaint from Gibmedia (a company which publishes weather information, company data and telephone information) after (...)

The Turkish Administrative Court annuls a Competition Authority’s decision assessing excessive pricing in the online market and provides guidance on the standard of proof to be followed by the Authority (Sahibinden.com)
ACTECON (Istanbul)
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ACTECON (Istanbul)
The standard of proof plays a significant role during the process of the investigations performed within the framework of the competition law. However, no explicit provision regarding the standard of proof which shall be taken as basis in the preliminary and full-fledged investigations carried (...)

The Turkish Administrative Court annuls the fining decision of the Competition Authority because it failed to meet the required standards for establishing a competition law infringement based on excessive pricing (Sahibinden.com)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
This case note analyses Ankara 6th Administrative Court’s (the “Administrative Court”) annulment judgment (18.12.2019; 2019/946 E., 2019/2625 K.) through which the Administrative Court reviewed the Turkish Competition Board’s (the “Board”) decision dated 01.10.2018 and numbered 18-36/584-285, (...)

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

The Polish Competition Authority opens an investigation into an e-commerce platform’s possible abuse of its dominant position (Allegro)
Bird & Bird (Warsaw)
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Bird & Bird (Warsaw)
Following the inspection conducted by the Office of Competition and Consumer Protection ("UOKiK") in Allegro in July 2017, UOKiK has opened an antimonopoly investigation into Allegro’s practices that may violate both Polish and EU competition law. In its press release, UOKiK notes that Allegro (...)

The Swiss Federal Supreme Court confirms and defines margin squeeze as a particular form of abusive pricing strategy in the telecommunication market (Swisscom)
Lenz & Staehelin (Zurich)
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Lenz & Staehelin (Zurich)
Federal Supreme Court examines margin squeeze under Swiss competition law* Introduction On 9 December 2019 the Federal Supreme Court confirmed that Swisscom AG and Swisscom (Schweiz) AG (together, Swisscom) had abused its dominant position by charging abusive prices for wholesale broadband (...)

The Croatian Competition Authority fines major national winemaker for unfair trading practices (Iločki podrumi)
Croatian Competition Agency (Zagreb)
Winemaker Iločki podrumi sanctioned HRK 250,000 for imposing unfair trading practices* The Croatian Competition Agency (CCA) opened an ex-officio infringement proceeding against the undertaking Iločki podrumi after having assessed the writing by a supplier of grapes which was communicated to the (...)

The Hungarian Competition Authority fines €3,5 million a social network company for unfair commercial practices (Facebook)
Bird & Bird (Budapest)
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Bird & Bird (Budapest)
On 6 December 2019, the Hungarian Competition Office ("GVH") found that Facebook’s practice of referring to its services as “free” on its cover page and Help Centre misled Hungarian users. As a consequence, the GVH held that Facebook violated the Hungarian Unfair Commercial Practices Act ("UCPA") (...)

The Australian Competition Authority releases its final report on customer loyalty schemes with implications for all businesses that collect and use personal information
Herbert Smith Freehills (Melbourne)
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Herbert Smith Freehills (Melbourne)
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Herbert Smith Freehills (Melbourne)
The recommendations in the ACCC’s final report on loyalty schemes have implications for all businesses that collect and use personal information The Australian Competition and Consumer Commission (ACCC) has released the final report and recommendations coming out of its market study into (...)

The French Competition Authority launches a market inquiry following a game console manufacturer’s commitments proposal (Sony)
French Competition Authority (Paris)
Games consoles: The Autorité launches a market consultation* In the context of a litigation procedure opened before the Autorité, Sony offers commitments to make its licensing policy more transparent to third parties wishing to manufacture and market compatible controllers with the Playstation 4 (...)

The Paris Court of Appeal clarifies the relevant test for characterising an excessive price in the market of waste disposal for hospitals and clinics in Corsica (Sanicorse)
Dechert (Paris)
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Dechert (Paris)
On 14 November 2019, the Paris Court of Appeal (the “Court”) quashed a decision of the French Competition Authority (“FCA”) of 20 September 2018 in which the latter had imposed € 199 000 fine on Sanicorse for having abused its dominant position on the market for infectious clinical waste (“ICW”) (...)

The UK Competition Appeal Tribunal upholds the OFCOM’s fine against a company for price discrimination (Royal Mail / Whistl)
Van Bael & Bellis (Brussels)
The UK’s Competition Appeal Tribunal upholds the Ofcom’s record £50 million fine against Royal Mail for price discrimination against Whistl, a competitor in the market for the processing of bulk mail.On 12 November 2019, the UK’s Competition Appeal Tribunal (CAT) upheld the UK communication (...)

The UK Competition Appeal Tribunal upholds the OFCOM’s decision for abuse of dominance and discriminatory pricing strategy in the mail delivery service market (Royal Mail / Whislt)
Bird & Bird (London)
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Bird & Bird (London)
On 12 November 2019, the Competition Appeal Tribunal ("Tribunal") upheld Ofcom’s decision against Royal Mail Plc (Royal Mail), finding Royal Mail’s pricing strategy in relation to bulk mail delivery services to be discriminatory and an abuse of dominance. Royal Mail first announced the (...)

The Italian Supreme Court rules that an airline company abused its dominant position by refusing to grant online travel agencies the right to intermediate its tickets by accessing its databases and procedures for flight reservations (Ryanair)
Bird & Bird (Rome)
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Bird & Bird (Rome)
On 12 November, the Italian Supreme Court brought to an end a multi-jurisdictional dispute which began in 2008, related to the Ryanair’s refusal to grant online travel agencies ("OTAs") the right to intermediate its tickets by accessing its databases and procedures for flight reservations. On 4 (...)

The Turkish Competition Authority imposes a daily fine on a big tech company for not complying with the previously imposed obligations (Google)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ACTECON (Istanbul)
Turkish Competition Authority (“TCA”) recently published its decision (“Review Decision”) reviewing the obligations that ought to be fulfilled by the economic integrity comprised of Google LLC, Google International LLC and Google Reklamcılık ve Pazarlama Ltd. Şti. (will be referred to as “Google” (...)

The Turkish Competition Authority experts impose administrative fines on undertakings in order to ensure the protection of competition (Google)
Erdem & Erdem (Istanbul)
Introduction The Law on Protection of Competition (“Law No. 4054”) outlines the Competition Board’s (“Board”) and the Competition Authority’s experts’ powers while implementing their duties to ensure the protection of competition. Accordingly, Law No. 4054 imposes several types of administrative (...)

The Administrative Court of Ankara annuls a decision of the Competition Authority in the electronic communication sector due to the incomplete examination (Dogan / Cisco)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
,
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
This case summary includes an analysis of Ankara 11th Administrative Court’s (the “Administrative Court”) decision (24.10.2019, E. 1315, K. 2115) in which the Administrative Court annulled the Turkish Competition Board’s (the “Board”) decision (15-28/317-95, 07.07.2015) due to the incomplete (...)

The South African Competition Appeal Court dismisses an appeal following the Competition Tribunal’s decision for an abuse of dominance in contravention of the Competition Act (Computicket)
Primerio Limited (Johannesburg)
SOUTH AFRICA: COMPETITION APPEAL COURT CONFIRMS TRIBUNAL FINDING IN COMPUTICKET ABUSE OF DOMINANCE CASE* The South African Competition Appeal Court (CAC) on 23 October 2019 dismissed an appeal by Computicket (Pty) Ltd. (Computicket), following the decision of the Competition Tribunal (...)

The Italian Regional Administrative Court of Lazio upholds the Competition Authority decision which fined a company for abusing its dominant position in the electricity market (Enel)
Bird & Bird (Rome)
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Bird & Bird (Rome)
On 17 October 2019, the Regional Administrative Court of Lazio (“TAR”) issued its judgment on the appeal lodged by Enel Group against the decision of the Italian Competition Authority (the “ICA”) issued on 20 December 2018. The ICA had fined the company over EUR 93 million for abusing its dominant (...)

The EU Commission imposes interim measures on a technology company suspected to have abused its dominance in the TV and modem chipset markets (Broadcom)
DG COMP (Brussels)
Antitrust: Commission imposes interim measures on Broadcom in TV and modem chipset markets* The European Commission has ordered Broadcom to stop applying certain provisions contained in agreements with six of its main customers. This will prevent serious and irreparable harm to competition (...)

The EU Commission imposes interim measures on a company for abuse of dominance in the TV and modem chipset markets (Broadcom)
Van Bael & Bellis (Brussels)
On 16 October 2019, the European Commission adopted a decision ordering Broadcom to stop applying certain provisions contained in agreements with six of its main customers in the TV and modem chipset markets. According to the Commission’s press release, Broadcom was prima facie found to be (...)

The EU Commission imposes interim measures on a company for abuse of dominance in the TV and modem chipset markets (Broadcom)
Gómez-Acebo & Pombo (Brussels)
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Gómez-Acebo & Pombo (Brussels)
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Gómez-Acebo & Pombo (Brussels)
On 16 October 2018, the European Commission announced that, in the framework of its investigation into possible anticompetitive practices by Broadcom, it had imposed interim measures on the American company. This is the first time in 18 years that the Commission uses the power enshrined in (...)

The EU Commission finds on a prima facie basis, that an undertaking abused its dominant position and orders to cease its prima facie abusive conduct in order to avert the risk of damage to competition (Broadcom)
McDermott Will & Emery (Paris)
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McDermott Will & Emery (Brussels)
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. INTERIM MEASURES IMPOSED ON BROADCOM: THE RE-AWAKENING OF A ONCE-DORMANT TOOL?* The European Commission (EC) has found, on a prima facie basis, that Broadcom (...)

The EU Commission imposes interim measures to a technology leader company in the design, development and supply of a range of semiconductor sector (Broadcom)
Bird & Bird (Brussels)
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Bird & Bird (Brussels)
On 16 October 2019, the European Commission (EC) imposed interim measures on Broadcom. Broadcom is a technology leader in the design, development and supply of a range of semiconductor and infrastructure software solutions, including chipsets for TV set-top boxes and modems. The EC started its (...)

The EU Commission imposes interim measures for the first time in 18 years making the company cease and desist until end of investigation (Broadcom)
Baker Botts (Brussels)
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Baker Botts (Brussels)
For the first time in 18 years, the European Commission (“Commission”) has imposed interim measures on a company, ordering it to cease and desist certain practices pending the outcome of its antitrust investigation (or for a period of 3 years if the investigation is not concluded earlier). The (...)

The EU Commission imposes interim measures to a chipmaker suspected of having put in place contractual restrictions to exclude its competitors from the market (Broadcom)
Orrick, Herrington & Sutcliffe (Paris)
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Orrick, Herrington & Sutcliffe (Paris)
On June 26, 2019, the EU Commission opened a formal investigation into U.S. chipmaker Broadcom’s alleged abuse of dominance. In a rather unexpected move, the EU Commission informed the company, on the same day, of its intention to impose interim measures, a long-forgotten tool. Broadcom, which (...)

The Cypriot Competition Authority issues a decision imposing a fine of €33,843.81 on a local authority for pricing its water supply services for livestock productions excessively (Community Council of Kokkinotrimithia)
Stephanie Theodotou Lawyer (Cyprus)
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Trojan Economics (Nicosia)
Introduction On 14 October 2019 the Cyprus Commission for the Protection of Competition (“CPC”) issued a decision imposing a fine of €33,843.81 on the Community Council of Kokkinotrimithia (“CCK”) for a violation of Section 6(1)(a) of the Protection of Competition Law (Law 13(I)/2008), as amended (...)

The Italian Competition Authority opens an abuse of dominance investigation into orphan drugs pricing (Leadiant Biosciences / Farmaco per la cura della Xantomasi cerebrotendinea)
Giannino SI (Monserrato)
On 8 October 2019 the Italian Competition Authority (ICA) has opened an Article 102 TFEU investigation against several pharmaceutical companies belonging to the Leadiant group. The ICA’s attention was drawn by the selling prices applied by the parties to an orphan drug because it feared that (...)

The German Federal Court rules on ad-blocking software, the market definition and the potential competitive concerns (Ad Blocker III)
Bird & Bird (Dusseldorf)
On 8th October 2019 the German Federal Court ruled on ad blocking software, the market definition and potential competitive concerns (KZR 73/17 "Ad blocker III"). The judgment concerns the dispute between companies of the RTL Group and the defendant, a provider of advertising blocker software. (...)

The Polish Competition Authority imposes a fine for abuse of contractual advantage in relations between a buyer and a supplier in the food sector (Fruit Polska)
Bird & Bird (Warsaw)
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Bird & Bird (Warsaw)
The Polish Act on Counteracting the Unfair Use of Contractual Advantage in the Trade in Agricultural and Food Products (the “Act”) applies to all contracts for supply of agricultural and food products (i.e. between supermarkets or retail chains and food producers, as well as food producers and (...)

The German Competition Authority and the Federal Network Agency issue their guidelines for the control of abusive practices in the electricity generation and wholesale trade sector
German Competition Authority (Bonn)
Control of abusive practices in electricity generation/wholesale trade: Bundeskartellamt and Bundesnetzagentur publish guidelines* The Bundeskartellamt and the Bundesnetzagentur are today publishing the guidelines for the control of abusive practices in the electricity generation and wholesale (...)

The German Competition Authority and Federal Network Agency publish joint guidelines on the control of abusive practices in the electricity sector
Van Bael & Bellis (Brussels)
On 27 September 2019, the Federal Cartel Office (“FCO”) and the Federal Network Agency (“FNA”) jointly published guidelines for the control of abusive practices in the electricity generation and wholesale sectors, which also address the interpretation of certain aspects of the Regulation on (...)

The Italian Regional Administrative Court of Lazio rejects the appeal against abuse of dominance decision in the markets for the management of copyrights (SIAE)
Bird & Bird (Rome)
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Bird & Bird (Rome)
On 26 September 2019, the Regional Administrative Court of Lazio (“TAR”) rejected the appeal lodged by the Italian Authors’ and Publishers’ Association (the “SIAE”) against the decision of the Italian Competition Authority (the “ICA”) taken on 25 September 2018. In this decision, the Authority had (...)

The Portuguese Competition Authority fines a company for abuse of dominance in the market for secondary reserve services (EDP)
Portuguese Competition Authority (Lisbon)
AdC imposes fine of 48 million euros on EDP Produção for abuse of dominance* The AdC (Autoridade da Concorrência – Portuguese Competition Authority) imposed a fine of 48 million euros on EDP – Gestão da Produção de Energia, S.A., (EDP Produção), for abuse of dominance in the market for secondary reserve (...)

The Danish Competition Appeals Tribunal confirms that a company abuses its dominance by using conditional rebates and exclusivity provisions in the payment card sector (Teller)
Danish Competition and Consumer Authority (Copenhagen)
The Danish Competition Appeals Tribunal confirms that Teller (now Nets) abused its dominant position by using rebates conditional on exclusivity and exclusivity provisions* The Danish Competition Appeals Tribunal (DCAT) confirmed the 18th of September 2019 the ruling by the Danish Competition (...)

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

The US Court of Appeals for the Ninth Circuit reformulates legal doctrines created for physical property to apply to new technology-based torts (HiQ / LinkedIn)
Constantine Cannon (Washington)
THE NINTH CIRCUIT’S DECISION IN HIQ V LINKEDIN: DATA SCRAPING MAY HAVE A FUTURE, BUT FOR HOW LONG?* Do companies that gather public information have an obligation to make that information available en masse to would-be competitors? Do competitors have a right to access those companies’ websites (...)

The Indian Supreme Court flips its jurisprudence on abuse of dominance in a case involving radios taxis alleged of predatory pricing (Uber)
Indian Competition Commission (New Delhi)
On September 3, 2019 The Supreme Court of India vide its judgement in Uber India Systems Pvt. Ltd. (Uber) v. Competition Commission of India (CCI) appears to have flipped the jurisprudence on abuse of dominance under the Indian Competition Act, 2002 (the “Act”) by requiring the assessment of the (...)

The Indian Supreme Court dismisses an appeal against an investigation into allegations of abuse of dominance (Uber)
Jindal Initiative on Research in IP and Competition (Delhi)
SUPREME COURT OF INDIA UPHOLDS INVESTIGATION AGAINST UBER* The Hon’ble Supreme Court of India has dismissed an appeal[Uber India Systems Pvt. Ltd v Competition Commission of India, Civil Appeal No. 641 of 2017] filed by Uber India Systems Pvt. Ltd. (‘Uber’) against an order of the erstwhile (...)

The Indian Supreme Court requests the Competition Authority’s Director General to continue the investigation allegations relating the abuse of dominance in the radio taxis sector (Uber)
Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (New Delhi)
Deciding on an appeal from the National Company Law Appellate Tribunal (NCLAT), the Supreme Court requested the Director General, CCI (DG) to continue investigating allegations relating to abuse of dominance by Uber in the National Capital Region (NCR). [1] In considering whether the (...)

The Cyprus Competition Authority fines an undertaking for abusing its dominant position in the market of producing and presenting theatrical performances (CPC / THOC)
Trojan Economics (Nicosia)
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Stephanie Theodotou Lawyer (Cyprus)
Introduction On 27th August 2019 the Cyprus Commission for the Protection of Competition (“CPC”) issued a decision imposing a fine of €342,221.35 to the Cyprus Theatre Organisation (“THOC”) for a violation of Section 6(1) of the Protection of Competition Law (Law 13(I)/2008), as amended (“Law”). (...)

The Higher Regional Court of Düsseldorf suspends the Competition Authority’s decision that a social media company’s data processing practices constitute an abuse of dominance (Facebook)
Baker Botts (London)
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Baker Botts (Brussels)
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Baker Botts (Washington)
On 26 August 2019, a German appeal court suspended an order of the German competition authority (the “FCO”) which had found that Facebook’s data processing practices in Germany constituted an abuse of dominance in breach of German antitrust rules (the “decision”). Expressing serious doubts as to the (...)

The Mexican Competition Authority fines an airport for refusal to deal in the market for federal land transportation (Cancun Airport)
Mexican Competition Authority (Mexico City)
COFECE sanctions the Cancun Airport for refusal to deal in the market for federal land transportation* The Cancun International Airport conducted a set of actions to prevent new participants from providing services, as the only agent that can rent and grant spaces for taxi access. • The harm (...)

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

The Mauritian Competition Authority orders two multinational financial companies to reduce their banking interchange fees in order to promote competition (Visa / MasterCard)
Primerio Limited (Johannesburg)
Mauritius: Competition Commission orders VISA and MasterCard to lower interchange fees* On 13 August 2019, the Competition Commission of Mauritius (CCM) has, following a lengthy investigation, ordered VISA and MasterCard (Respondents) to reduce their banking interchange fees from 1% to 0,5%. (...)

The Indian Competition Authority orders investigation into a multinational technology company with the aim of protecting Micro-processors importers from the company’s discriminatory practices (Intel)
Gujarat National Law University (Gandhinagar)
On 9th August 2019, the Competition Commission of India directed the Director General to carry out investigations against Intel Corporation for allegedly violating Section 3 and 4 of the Indian Competition Act, 2002 (the ‘Act’). The case in hand was filed by Matrix Info Systems Pvt. Ltd. (the (...)

The Indian Competition Authority opens investigation into abuse of dominance by microprocessor manufacturer for having a more restrictive warranty policy in India than in the rest of the world (Intel India)
Vaish Associates Advocates (New Delhi)
CCI directs investigation into India specific warranty policy of Intel finding it potentially abusive of dominance* By way of order dated 09.08.2019, CCI has directed the Director General (DG) to undertake investigation with respect to Intel’s India specific warranty policy in regard to its (...)

The Indian Competition Authority dismisses abuse of dominance allegations because a "termination of convenience" clause meets either the "good faith" or "change in circumstances" test (Oil and Natural Gas Corporation)
Vaish Associates Advocates (New Delhi)
By way of order dated 02.08.2019, CCI dismissed allegations of abuse of dominant position by Oil and Natural Gas Corporation Limited (“ONGC”) in the market for charter hire of Offshore Support Vehicles (OSVs) in the Indian Exclusive Economic Zone (EEZ), after a thorough investigation by the (...)

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

The Indian Competition Authority declares that an undertaking has not abused of its dominant position in the budget hotels market without having determined dominance (Rkg / Oyo)
National University of Study and Research in Law (Ranchi)
CCI in its recent judgements has exhibited a wide-ranging determinant quotient while examining the status of dominant position of the market players. While it is commendable that CCI defines relevant market in every dispute incorporating the facts of the particular dispute and bases its further (...)

The Indian Competition Authority dismisses claim submitted against a leading insurance company and closes the case at prima facie stage (Indian Chemical Council / General Insurance Corporation of India)
Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (New Delhi)
The CCI rejected at prima facie stage a complaint by the Indian Chemical Council (ICC) that a leading reinsurer, the General Insurance Corporation of India (GIC), had abused its dominant position. The ICC alleged that GIC was, with its very high market share, dominant in the overall (...)

The Bulgarian Competition Authority fines an electricity provider for abuse of dominance (National Electricity Company EAD)
Bulgarian Commission for the Protection of Competition (Sofia)
The Commission for Protection of Competition imposed to the National Electricity Company EAD pecuniary sanctions in a total amount of 315 612 BGN for infringements of Art. 21, p. 1 of the LPC. NEK abused its dominant position on the market of balancing of electricity producers from renewable (...)

The Bulgarian Competition Authority imposes a fine to an undertaking for having abused its dominance in the market of balancing energy of renewables (NEK / BCPA)
Tsvetkova Bebov Komarevski (Sofia)
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Tsvetkova Bebov Komarevski (Sofia)
THE BULGARIAN NATIONAL ELECTRICITY COMPANY SANCTIONED FOR ABUSE OF DOMINANCE ON THE MARKET OF BALANCING ENERGY OF RENEWABLES* The Bulgarian Commission for Protection of Competition (“BCPC”) imposed a fine amounting to BGN 315 612 the National Electricity Company EAD (“NEK”) for abuse of dominance (...)

The EU Commission fines a company €242 million for engaging in predatory pricing in the market for 3G baseband chipsets (Qualcomm)
Van Bael & Bellis (Brussels)
On 18 July 2019, the Commission announced that it had adopted a decision against Qualcomm for abusing a dominant position in the market for 3G baseband chipsets, and imposed a fine of € 242 million. According to the Commission, Qualcomm’s prices to certain key customers were below its costs with (...)

The EU Commission fines €242 million a baseband chipset manufacturer for abusing its dominant position (Qualcomm)
Bird & Bird (Brussels)
In the first predatory pricing case since 2003, the European Commission ("EC") has fined Qualcomm €242million for abusing its market power by engaging, between 2009 and 2011, in below cost sales of its 3G baseband chipsets, key components of mobile devices (see EC press release here). This fine (...)

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

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

The Austrian Competition Authority and the German Competition Authority close their respective abuse of dominance investigations after the company committed to changing contract terms (Amazon)
Van Bael & Bellis (Brussels)
On 17 July 2019, the Austrian Federal Competition Authority and the German Federal Cartel Office closed their respective abuse of dominance investigations against Amazon, after Amazon committed to changing contract terms. Throughout the years 2017 and 2018, both competition authorities had (...)

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

The Munich District Court issues an anti-suit injunction in patent litigation preventing an automotive company from further pursuing proceedings in the US (Nokia)
McDermott Will & Emery (Dusseldorf)
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McDermott Will & Emery (Dusseldorf)
On July 11 2019, the Munich I District Court (Landgericht) issued an anti-suit injunction in patent litigation, preventing an automotive company from further pursuing proceedings in the United States. The Munich decision might become a landmark case because German courts have historically not (...)