Internet & Antitrust

Foreword Internet & Antitrust: An overview of EU and national case law

This foreword on Internet and Antitrust covers lots of interesting articles of the last 3 years on some of the major developments in the Internet space at EU and national levels. Indeed, it is always fascinating to get insights from the many practitioners and enforcers who have contributed to this wealth of knowledge on complex and evolving issues... not least because, in a fast-approaching future, articles may be written by AI authors who will surely tell us ALL we wanted to know about algorithm collusion, big data, etc.

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Ashurst (Milan)
Italy 103 contributions 30350 visits
Ashurst (Brussels)
Belgium 12 contributions 6517 visits
1 contribution 1705 visits

Dominance

 The French Competition Authority fines a research engine company for abuse of dominance in the search advertising market (Google)
French Competition Authority (Paris)
France 748 contributions 411300 visits
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 (...)

The French Competition Authority fines a company for abusing its dominant position in the online search advertising market (Google)
Van Bael & Bellis (Brussels)
Belgium 191 contributions 67220 visits
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 (...)

The Turkish Competition Authority imposes a daily fine on a Big Tech company for not complying with previously imposed obligations (Google)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 13 contributions 3189 visits
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Balcıoğlu Selçuk Akman Keki (BASEAK) (Istanbul)
Turkey 20 contributions 4613 visits
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ACTECON (Istanbul)
Turkey 9 contributions 2378 visits
Turkish Competition Authority (“TCA”) recently published its decision (“Review Decision”) reviewing the obligations that ought to be fulfilled by the economic integrity comprised of Google LLC, Google International LLC and Google Reklamcılık ve Pazarlama Ltd. Şti. (will be referred to as (...)

The Turkish Competition Authority experts impose administrative fines on undertakings to ensure the protection of competition (Google)
Erdem & Erdem (Istanbul)
Turkey 67 contributions 76057 visits
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 (...)

The German Competition Authority obtains amendments to seller rules active on a major online marketplace (Amazon)
German Competition Authority (Bonn)
Germany 458 contributions 117238 visits
Bundeskartellamt obtains far-reaching improvements in the terms of business for sellers on Amazon’s online marketplaces* In response to the competition concerns expressed by the Bundeskartellamt, Amazon is amending its terms of business for sellers on Amazon’s online marketplaces. Andreas (...)

The German Competition Authority ends an abuse probe after an online marketplace agrees to change business terms for dealers (Amazon)
Heinz & Zagrosek (Köln)
Germany 23 contributions 13205 visits
Bundeskartellamt ends abuse probe after Amazon agrees to changing business terms for dealers* On July 17, 2019, the German Bundeskartellamt (Federal Cartel Office, “FCO”) terminated its dominance probe into Amazon’s business terms towards sellers on its marketplace after Amazon agreed to (...)

The Brazilian Competition Authority decides to file charges against a multinational technology company due to one of its online shopping platform features (Google)
OECD - Competition Division (Paris)
France 11 contributions 10833 visits
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University of São Paulo
Brazil 3 contributions 3693 visits
GOOGLE SHOPPING IN BRAZIL: HIGHLIGHTS OF CADE’S DECISION AND TAKEAWAYS FOR DIGITAL ECONOMY ISSUES On 26 June 2019, the Brazilian Competition Authority (CADE) decided to file the competition charges raised against Google on its “Google Shopping” feature. It was not an easy decision, which is (...)

The Italian Competition Authority launches an investigation against a search engine company suspected to abuse of its dominant position (Google / Enel X)
Italian Competition Authority (Rome)
Italy 72 contributions 19356 visits
ICA: investigation launched against Google for alleged abuse of a dominant position* In the meeting of 8 May 2019, the Italian Competition Authority decided to launch an investigation against Alphabet Inc., Google LLC and Google Italy S.r.l. (indicated together as Google) to ascertain an (...)

The Indian Competition Authority orders a probe against a multinational technology company for abusing its dominant position in clear violation of Section 4 of the Indian Competition Act (Google)
Trilegal (New Delhi)
India 2 contributions 742 visits
COMPETITION COMMISSION OF INDIA STRIKES ANOTHER BLOW TO GOOGLE FOR ABUSE OF DOMINANT POSITION* On 16th April 2019, the Competition Commission of India (CCI) ordered a probe against the multinational technology company, Google, for abusing its dominant position in clear violation of Section 4 (...)

The Indian Competition Authority finds that a company abused its dominant position by requiring device manufacturers wishing to pre-install apps to adhere to a compatibility standard (Google)
Shardul Amarchand Mangaldas (New Delhi)
India 63 contributions 18889 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 66 contributions 20943 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 66 contributions 19848 visits
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Following a complaint made by a number of users of smartphones using the Android operating system, the CCI prima facie found that Google was dominant in the market for licensable smart mobile device operating systems in India and had abused its dominant position by requiring device (...)

The Italian Competition Authority opens an antitrust investigation against a major e-commerce company for alleged abuse of dominance (Amazon)
Municipality of Cagliari
168 contributions 134428 visits
The Italian Competition Authority (ICA) has opened an Article 102 TFEU investigation against several undertakings belonging to the Amazon group in the FBA case. The targets of the ICA investigation are Amazon Services Europe (ASE), Amazon Europe Core (AEC), Amazon EU (AEU), Amazon Italia (...)

The Philippine Competition Authority files a lawsuit against a mass housing developer for abuse of dominance (Condo developer)
Philippine Competition Commission
Philippines 1 contribution 141 visits
The Enforcement Office of the Philippine Competition Commission (PCC) has filed a case against a mass housing developer for breaching the antitrust law by engaging in an exclusive internet service tie-up on its property in Tondo, Manila. In a Statement of Objections filed on March 27, the (...)

The Dusseldorf Higher Regional Court upholds a decision of the German Competition Authority prohibiting exclusivity clauses in the event ticketing market (CTS Eventim)
Van Bael & Bellis (Brussels)
Belgium 191 contributions 67220 visits
On 3 April 2019, the Higher Regional Court of Düsseldorf (the “Court”) upheld a 2017 decision of the Federal Cartel Office (“FCO”) prohibiting exclusivity clauses in the event ticketing market. In a large number of its contracts with event organisers, ticketing service provider CTS Eventim (...)

The EU Commission imposes a fine of € 1.49 billion on a search engine company for abusing its dominant position by imposing restrictive clauses in contracts with third-party websites (Google AdSense)
European Commission - DG COMP (Brussels)
Belgium 1368 contributions 2945645 visits
Antitrust: Commission fines Google €1.49 billion for abusive practices in online advertising* The European Commission has fined Google €1.49 billion for breaching EU antitrust rules. Google has abused its market dominance by imposing a number of restrictive clauses in contracts with (...)

The Turkish Competition Authority launches an investigation into a search engine company for alleged abuse of dominance in the online search market (Google)
Ankara Hacı Bayram Veli University
Turkey 31 contributions 12144 visits
Background Competition authorities all over the world, including the European Commission, German, French, Italian and Indian competition authorities, have launched many investigations against the well-known online search engine company Google, many of which ended with imposition of huge (...)

The Austrian Competition Authority initiates investigation proceedings concerning discrimination against retailers on the internet (Amazon)
Austrian Competition Authority (Vienna)
Austria 64 contributions 7794 visits
After a first analysis, discussions with the European Commission (DG Competition) and the German Bundeskartellamt, the BWB has decided to initiate investigation proceedings concerning suspected infringements of Austrian and European Competition Law. The BWB will examine, whether Amazon (...)

The German Competition Authority holds that matching the data collected by a social network company constitutes an antitrust violation (Facebook)
International Center for Law & Economics (Portland)
United States 16 contributions 7766 visits
Doing double damage: The German competition authority’s Facebook decision manages to undermine both antitrust and data protection law* The German Bundeskartellamt (Federal Cartel Office or FCO) this week reached a decision in its nearly 3-year-old Facebook investigation. The decision appears (...)

The German Competition Authority finds that the data gathering practices of a social network are an abuse of its dominant position, and orders amendments in its data processing policy (Facebook)
Van Bael & Bellis (Brussels)
Belgium 191 contributions 67220 visits
On 6 February 2019, the German Federal Cartel Office (“FCO”) concluded administrative proceedings concerning the data gathering practices of Facebook Inc., Facebook Ireland and Facebook Germany (together “Facebook”). The FCO found that Facebook abused its dominant position by making the (...)

The German Competition Authority prohibits a social network company from abusing its dominant position by combining its user data from different sources (Facebook)
German Competition Authority (Bonn)
Germany 458 contributions 117238 visits
Bundeskartellamt / Digital Economy Bundeskartellamt prohibits Facebook from combining user data from different sources* Bonn, 7 February 2019: The Bundeskartellamt has imposed on Facebook far-reaching restrictions in the processing of user data. According to Facebook’s terms and (...)

The German Competition Authority orders a social network company to stop collecting and matching data of its users without explicit consent as it constitutes an abuse of dominance (Facebook)
Heinz & Zagrosek (Köln)
Germany 23 contributions 13205 visits
Bundeskartellamt hits "don’t like"-button on Facebook* On February 7, 2019, Germany’s Federal Cartel Office (“FCO”) issued its long-awaited decision in the Facebook case, see press release and background paper in English here. It qualifies Facebook’s current practice of collecting and (...)

The German Competition Authority finds the merging of user data from multiple sources to be both anti-competitive and in breach of the GDPR (Facebook)
Pinsent Masons (London)
United Kingdom 2 contributions 2434 visits
In one of the first decisions to consider data protection and competition issues side by side, the German competition regulator (the Bundeskartellamt) last week found that Facebook had both abused its market power in Germany and breached EU data protection laws in the way in which it collects (...)

The French Competition Authority orders a search engine company to review and clarify the rules of its online advertising service (Amadeus / Google)
Van Bael & Bellis (Brussels)
Belgium 191 contributions 67220 visits
On 31 January 2019, the French Competition Authority (the “FCA”) ordered Google to review the rules of its Google Ads service. The FCA’s Order follows a complaint by Amadeus, an operator of online enquiry services – such as “a directory that provides call or text numbers for business/ (...)

The German Competition Authority initiates an abuse of dominance proceeding against a major e-commerce company (Amazon)
German Competition Authority (Bonn)
Germany 458 contributions 117238 visits
Bundeskartellamt initiates abuse proceeding against Amazon* The Bundeskartellamt has today initiated an abuse proceeding against Amazon to examine its terms of business and practices towards sellers on its German marketplace amazon.de. Andreas Mundt, President of the Bundeskartellamt: (...)

The OECD holds a roundtable on personalized pricing in the digital era
OECD - Competition Division (Paris)
France 313 contributions 1449522 visits
As data analytics and pricing algorithms become common business practice in the digital era, there are growing concerns about the possibility that companies use such tools to engage in personalised pricing, a form of price discrimination that involves charging different prices to consumers (...)

The Turkish Competition Authority fines a consumer electronics company for resale price maintenance in its online sales (Sony)
ACTECON (Istanbul)
Turkey 27 contributions 9744 visits
On 22 November 2018 the Turkish Competition Authority (“TCA”) completed its investigation and decided to sanction Sony Eurasia Pazarlama A.Ş. (“Sony”) for its involvement in imposition of fixed or minimum resale prices maintenance (“RPM”) on online retailers. Sony should be faced with an (...)

The Turkish Competition Authority fines an electronics company for resale price maintenance on its online sales channels (Sony)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 173 contributions 84424 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 22 contributions 5718 visits
This case summary includes an analysis of the Turkish Competition Board’s (the “Board”) Sony decision (22.11.2018; 18-44/703-345) in which the Board evaluated the allegations concerning resale price maintenance (“RPM”) against Sony Eurasia Pazarlama A.Ş. (“Sony”) upon complaint of a former (...)

The Turkish Competition Authority fines a consumer electronics company for resale price maintenance in online sales (Sony)
Balcıoğlu Selçuk Akman Keki (BASEAK) (Istanbul)
Turkey 20 contributions 4613 visits
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ACTECON (Istanbul)
Turkey 8 contributions 2021 visits
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Guernsey Competition Authority (St. Peter Port)
Guernsey 6 contributions 1521 visits
Turkish Competition Authority (“TCA”) published its reasoned decision which concludes the investigation that was initiated on September 7, 2017 regarding the activities of Sony Eurasia Pazarlama A.Ş. (“Sony”). The main focus of the investigation was the allegations with respect to violation of (...)

The Turkish Competition Authority follows the EU Commission’s footsteps in the search engines’ battles (Google)
ACTECON (Istanbul)
Turkey 27 contributions 9744 visits
The tech giant Google has been under the Turkish Competition Authority’s (“TCA”) scrutiny due to its practices in the market for licensable mobile operating systems and under the judicial review since July 2015. In September 2018, the TCA has finally released its short decision and imposed a (...)

The EU Commission fines a multinational technology company for abuse of dominant position in the smartphone operating system sector (Google Android)
Baker McKenzie (London)
United Kingdom 2 contributions 2596 visits
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Baker McKenzie (Brussels)
Belgium 6 contributions 5057 visits
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On 18 July 2018 the European Commission imposed a record fine of €4.34 billion on Google. In such an innovative and competitive industry, a decision and fine (...)

The EU Commission fines a multinational technology company for abuse of dominance by imposing illegal restrictions on device manufacturers and mobile network operators (Google Android)
European Commission - DG COMP (Brussels)
Belgium 1368 contributions 2945645 visits
Antitrust: Commission fines Google €4.34 billion for illegal practices regarding Android mobile devices to strengthen dominance of Google’s search engine* The European Commission has fined Google €4.34 billion for breaching EU antitrust rules. Since 2011, Google has imposed illegal (...)

The EU Commission fines a tech company for illegal tying in the market for third-party mobile device manufacturing (Google Android)
Secretariat Economists (Washington)
United States 2 contributions 503 visits
European Commission Fines Google for Illegal Tying* The European Commission (“EC”) recently fined Google €4.34 billion, stating that “Google has imposed illegal restrictions on Android device manufacturers and mobile network operators to cement its dominant position in general internet (...)

The French Competition Authority issues an opinion concluding its sector-specific investigation into online advertising
French Competition Authority (Paris)
France 748 contributions 411300 visits
Sector-specific investigation into online advertising* The Autorité de la concurrence has made public its opinion in which it analyses a very complex market characterised by a fragile competitive equilibrium. Given the concerns of stakeholders in the sector, the General Rapporteur announced (...)

The Indian Competition Authority fines a Big Tech company for abuse of dominance in the market of online search and related advertising services (Google)
Vaish Associates Advocates (New Delhi)
India 263 contributions 43261 visits
CCI imposes penalty of INR 136 Crores on Google for abuse of dominant position* The Indian anti-trust regulator, the Competition Commission of India (“CCI/ Commission”) seems to have let Google off with just a rap on the knuckles. CCI vide order dated February 8, 2018 has imposed a penalty (...)

The Indian Competition Authority fines a company for search bias and exclusive agreements (Google)
Trilegal (New Delhi)
India 2 contributions 742 visits
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JSA (Mumbai)
India 2 contributions 1155 visits
On 8th February 2018, the Competition Commission of India (CCI) imposed a fine of INR 135.86 Crores (approximately $ 1.36 Billion) on Google, for abusing its dominant position striking the mandate of Section 4 of the (Indian) Competition Act, 2002 (‘Act’). The comment herein highlights the (...)

The Indian Competition Authority fines a company for search bias in the search engine market (Google)
Indian Competition Commission (New Delhi)
India 15 contributions 1522 visits
The Competition Commission of India (CCI) has found Google to have abused its dominant position in online general web search and web search advertising services in India. The order was passed in response to informations filed by Matrimony.com Limited and Consumer Unity & Trust Society (...)

The Romanian Competition Authority opens a procedure against a company suspected of abuse of dominance in the mediation services market through online platforms (Dante International)
Romanian Competition Council (Bucharest)
Romania 160 contributions 29513 visits
The Competition Council analyses a possible abuse of dominant position of Dante International SA* The Competition Council opened an investigation on a possible abuse of dominant position by Dante International SA on the mediation services market through online platforms in Romania. Dante (...)

The Malaysian Competition Appeal Tribunal upholds a Competition Authority’s decision in a case of abuse of dominance in the provision and management of online foreign workers permit renewals (My E.G)
Wong Partners (Kuala Lumpur)
Malaysia 3 contributions 757 visits
On 28 December 2017, the Competition Appeal Tribunal (CAT) upheld the Malaysian Competition Commission’s (MyCC) decision on 24 June 2016 that My E.G. Services Berhad (MyEG) and its wholly-owned subsidiary, My E.G Commerce Sdn. Bhd. (MyEG Commerce) have abused their dominant position in the (...)

The German Competition Authority finds in its preliminary assessment that a social network company abused its dominant position by collecting and using data from third-party sources (Facebook)
German Competition Authority (Bonn)
Germany 458 contributions 117238 visits
Preliminary assessment in Facebook proceeding: Facebook’s collection and use of data from third-party sources is abusive* The Bundeskartellamt has informed the company Facebook in writing of its preliminary legal assessment in the abuse of dominance proceeding which the authority is (...)

The German Competition Authority indicates in preliminary assessment of a possible abuse of dominance case that data collection and use from third-party sources is abusive (Facebook)
Heinz & Zagrosek (Köln)
Germany 23 contributions 13205 visits
Bundeskartellamt sends preliminary assessment to Facebook* On December 19, 2017, the Federal Cartel Office (“FCO”) published a press release on its preliminary assessment in the ongoing Facebook dominance probe, accompanied by a background paper (available in English here). The FCO (...)

The Dutch Competition Authority, after its market study into online video platforms, finds no dominant market power among online video streaming platforms (Youtube / Facebook / Netflix / Dumpert)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 212 contributions 36845 visits
No dominant market power among online video streaming platforms* The Netherlands Authority for Consumers and Markets (ACM) has conducted a market study into online video platforms such as YouTube, Facebook, Netflix, and Dumpert. ACM did not find any indications for anticompetitive risks on (...)

The EU Commission imposes a record fine on a Big Tech company for abuse of dominance in the search engine market (Google Shopping)
Simmons & Simmons (London)
United Kingdom 19 contributions 4882 visits
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Crowell & Moring (London)
United Kingdom 16 contributions 9868 visits
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Agoda (Bangkok)
Thailand 12 contributions 4246 visits
Introduction On 27 June 2017, the European Commission (the Commission) imposed a record €2.42bn fine on Google after finding it had abused its dominant position in the search engine market by giving favourable treatment to its comparison shopping service in its search results. Background (...)

The Russian Competition Authority announces the payment of a fine by a multinational technology undertaking following a settlement (Google)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 57370 visits
Google paid the fine* On 9 May 2017 Google Inc. Paid a 438,067,400 RUB administrative fine imposed by the Federal Antimonopoly Service. On 17 April 2017 the 2-year dispute between the Federal Antimonopoly Service and “Google” ended in an amicable settlement reached at the Arbitration Court (...)

The EU Commission accepts remedies proposed by an electronic commerce company in the e-books sector (Amazon)
European Commission - DG COMP (Brussels)
Belgium 1368 contributions 2945645 visits
Antitrust: Commission accepts commitments from Amazon on e-books* The European Commission has adopted a decision that renders legally binding the commitments offered by Amazon. The commitments address the Commission’s preliminary competition concerns relating to a number of clauses in (...)

The Russian Competition Authority concludes an amicable settlement with a multinational technology company (Google)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 57370 visits
FAS terminated administrative proceedings against Google* The decisions was due to an amicable settlement reached between the antimonopoly authority and the company On 25 April 2017, the Federal Antimonopoly Service (FAS Russia) terminated the proceedings against Google opened for failure (...)

The Beijing Intellectual Property Court finds an ad-block app breaching unfair competition provisions (Feihu / Sohu / Xiaoyi)
University of Melbourne
Australia 103 contributions 29864 visits
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Hogan Lovells (Beijing)
China 81 contributions 21119 visits
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China Competition Bulletin (Beijing)
China 101 contributions 26815 visits
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On 2 April 2017, the Beijing Intellectual Property Court upheld the first-instance judgement relating to an unfair competition claim brought by Feihu Information Technology Tianjin Company and Sohu against Beijing Xiaoyi Interaction Network Technology. Xiaoyi operated an app that could play (...)

The French Competition Authority conducts an initial intermediary assessment of the commitments made by an online accommodation booking company (Booking.com)
French Competition Authority (Paris)
France 748 contributions 411300 visits
The Autorité de la concurrence conducts an initial intermediary assessment of the commitments made by Booking.com.* The Autorité has not ruled out the possibility of issuing an opinion at its own initiative if the change in competition so requires, and is actively contributing to all of the (...)

The EU Commission seeks feedback on commitments proposed by an electronic commerce company in e-book investigation (Amazon)
European Commission - DG COMP (Brussels)
Belgium 1368 contributions 2945645 visits
Antitrust: Commission seeks feedback on commitments offered by Amazon in e-book investigation* The European Commission is inviting comments on commitments offered by Amazon to address competition concerns relating to parity clauses in contracts with publishers. The clauses may breach EU (...)

The German Competition Authority closes its proceeding against companies operating on the digital audio-books market suspected of abuse of dominance (Apple / Amazon)
German Competition Authority (Bonn)
Germany 458 contributions 117238 visits
Bundeskartellamt closes proceedings against Audible/Amazon and Apple* The Bundeskartellamt has closed its administrative proceedings against Audible.com – a subsidiary of Amazon – and Apple Computer Inc. Following a complaint by the German Publishers and Booksellers Association (Börsenverein (...)

The Paris Commercial Court declares void price and availability parity clauses formerly implemented by a hotel online booking company (Booking.com)
Epex Spot (Paris)
France 8 contributions 3488 visits
In a ruling issued on November 29th, 2016, the Paris commercial court (hereafter the “court”) declared void several provisions, including price and availability parity clauses previously in force, of Booking.com’s general terms of service governing its B2B relationships with hotels. (...)

The Canadian Competition Tribunal denies a company leave to commence a private application in a refusal to deal case (CarGurus)
Conzen O’Connor (Toronto)
France 23 contributions 6174 visits
Used car listing website operator CarGurus Inc.’s attempt to force rival Trader Corporation to supply it with vehicle listing data has encountered a dead end as the Competition Tribunal denied it leave to commence a private application under several provisions of the Competition Act. This (...)

The Italian Competition Authority, in collaboration with 9 National Competition Authorities and the EU Commission, monitors the impact of the measures undertaken in the online hotel booking sector
Italian Competition Authority (Rome)
Italy 72 contributions 19356 visits
Monitoring launched in online hotel booking sector* Monitoring the impact of the new parity clauses in the contracts with online travel agencies by the Italian Competition Authority in partnership with 9 other National Competition Authorities The Italian Competition Authority (AGCM), in (...)

The Moscow Arbitration Court confirms that a technology company has abused its dominance on the market of pre-installed app stores (Google)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 57370 visits
Appeal Court supported FAS in a dispute with “Google”* On 17 August 2016, the 9th Arbitration Appeal Court pronounced legitimacy and reasonableness of the decision of the Federal Antimonopoly Service (FAS Russia) on a case against “Google” abusing dominance on the market of preset (...)

The Portuguese Competition Authority sends a statement of objections to a company specialized in standard mail services suspected of abuse of dominance (CTT)
Portuguese Competition Authority (Lisbon)
Portugal 119 contributions 30260 visits
The Portuguese Competition Authority sends Statement of Objections to CTT – Correios de Portugal S.A.* The Portuguese Competition Authority (Autoridade da Concorrência – AdC) confirms having sent a Statement of Objections to CTT – Correios de Portugal S.A. (CTT) outlining its preliminary (...)

The EU Commission considers comparison shopping services and advertising related practices (Google AdSense)
International Center for Law & Economics (Portland)
United States 16 contributions 7766 visits
Everything is amazing - and no-one at the European Commission is happy* Since the European Commission (EC) announced its first inquiry into Google’s business practices in 2010, the company has been the subject of lengthy investigations by courts and competition agencies around the globe. (...)

The EU Commission takes further steps in a case involving comparison shopping services and advertising-related practices (Google AdSense)
European Commission - DG COMP (Brussels)
Belgium 1368 contributions 2945645 visits
Antitrust: Commission takes further steps in investigations alleging Google’s comparison shopping and advertising-related practices breach EU rules* The Commission has sent two Statements of Objections to Google. The Commission has reinforced, in a supplementary Statement of Objections, its (...)

The French Competition Authority launches, in collaboration with 9 National Competition Authorities and the EU Commission, a survey among hoteliers to assess the remedies implemented in the hotel booking sector (Booking.com)
French Competition Authority (Paris)
France 748 contributions 411300 visits
Hotel booking platforms* The Autorité de la concurrence launches, in collaboration with 9 national competition authorities and the European Commission, a survey among hoteliers in order to assess the effects of the remedies implemented in Europe in the hotel booking platforms sector. (...)

The German Competition Authority issues a working paper on the market power of platforms and networks
German Competition Authority (Bonn)
Germany 458 contributions 117238 visits
Bundeskartellamt publishes working paper on "Market Power of Platforms and Networks"* The Bundeskartellamt has today published a working paper which deals with the "Market Power of Platforms and Networks" in the Internet. The report focuses on the factors relevant for assessing the market (...)

The Hungarian Competition Authority pursues the monitoring of the online booking market after closing its sector inquiry
Hungarian Competition Authority (Budapest)
Hungary 95 contributions 19905 visits
The GVH continues to monitor the hotel booking market after closing its sectoral inquiry* The Hungarian Competition Authority (Gazdasági Versenyhivatal, GVH) prepared its report on its sectoral inquiry on the online accommodation booking market. Due to the positive changes that took place on (...)

The German Competition Authority announces that, following its investigations, a railway company has decided to make far-reaching changes to the sale of passenger tickets (Deutsche Bahn)
German Competition Authority (Bonn)
Germany 458 contributions 117238 visits
Deutsche Bahn AG to make changes to ticket sales* Following investigations by the Bundeskartellamt, Deutsche Bahn AG has undertaken to make far-reaching changes to the sale of passenger tickets. The measures will improve the ticket sales possibilities of its competitors. In early 2014 the (...)

The German Competition Authority terminates proceedings regarding possible abuse of dominance in the market for the distribution of passenger train tickets and accepts several commitments by the incumbent train company (Deutsche Bahn)
Van Bael & Bellis (Brussels)
Belgium 191 contributions 67220 visits
By a decision of 24 May 2016, the German Federal Cartel Office (“FCO”) announced that it had terminated proceedings against Deutsche Bahn AG after having accepted several commitments. In 2014, the FCO initiated an investigation against Deutsche Bahn AG and reached the preliminary conclusion (...)

The French and German Competition Authorities publish a joint study on competition law and data
French Competition Authority (Paris)
France 748 contributions 411300 visits
The French Autorité de la concurrence and the German Bundeskartellamt publish joint paper on data and its implications for Competition Law* The increasing collection, processing and commercial use of data in digital markets has prompted a broad debate about the role of data in corporate (...)

The EU Commission sends a statement of objections concerning the imposition of restrictions on smartphone manufacturers and mobile network operators (Google Android)
Van Bael & Bellis (Brussels)
Belgium 191 contributions 67220 visits
On 20 April 2016, the European Commission confirmed it issued a Statement of Objections (“SO”) to Google concerning the imposition of restrictions on Android device manufacturers and mobile network operators. The investigation was formally opened in April 2015. Google now has until July 2016 (...)

The EU Commission sends a statement of objections to a technology company suspected of imposing restrictions on device manufacturers and mobile network operators (Google Android)
European Commission - DG COMP (Brussels)
Belgium 1368 contributions 2945645 visits
Antitrust: Commission sends Statement of Objections to Google on Android operating system and applications* The European Commission has informed Google of its preliminary view that the company has, in breach of EU antitrust rules, abused its dominant position by imposing restrictions on (...)

The EU Commission sends a statement of objections to a technology company suspected of imposing restrictions on device manufacturers and mobile network operators (Google Android)
Constantine Cannon (London)
United States 12 contributions 5981 visits
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Phillips Auctioneers (London)
5 contributions 3184 visits
EU Commission Hits Google With Abuse Of Dominance Charges Over Android*Just as expected, following a one-year investigation and a number of information requests, the European Commission formally announced today that it is accusing Google’s parent company, Alphabet, of abusing its dominant (...)

The Moscow Arbitration Court confirms the Competition Authority’s decision and prescription concerning the operating systems for smartphones (Google)
Russian Federal Antimonopoly Service (Moscow)
France 1 contribution 491 visits
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Russian Federal Antimonopoly Service (Moscow)
France 1 contribution 491 visits
In March 2016, the Moscow Arbitration Court expressed its support of the position of the Federal Antimonopoly Service (FAS Russia) on the case of abuse of dominance by the Google group of companies involving its actions on the Android operation system. The decision of FAS Russia was taken as (...)

The German Competition Authority initiates proceedings in the social network market on potential abuse of dominance (Facebook)
Van Bael & Bellis (Brussels)
Belgium 191 contributions 67220 visits
According to a press release issued by the German Federal Cartel Office (“FCO”) on 2 March 2016, proceedings have been initiated against Facebook Inc. as well as the Irish and German subsidiaries of Facebook. The FCO will investigate whether Facebook’s terms of service relating to the use of (...)

The German Competition Authority initiates proceedings against a social network company regarding potential abuse of dominance (Facebook)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 69 contributions 33349 visits
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 79 contributions 60748 visits
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 20 contributions 12722 visits
The German Federal Cartel Office (the FCO) has announced that it has initiated proceedings against Facebook for the company’s alleged abuse of its dominant position in a market for social networks. The FCO appears to be taking the position that, as a firm with a possibly dominant position, (...)

The German Competition Authority opens a proceeding against a social network company suspected to have abused its dominance by infringing data protection rules (Facebook)
German Competition Authority (Bonn)
Germany 458 contributions 117238 visits
Bundeskartellamt initiates proceeding against Facebook on suspicion of having abused its market power by infringing data protection rules* The Bundeskartellamt has initiated a proceeding against Facebook Inc., USA, the Irish subsidiary of the company and Facebook Germany GmbH, Hamburg. The (...)

The England & Wales High Court throws out a private claim for damages based on abuse of dominance in the online mapping sector (Streetmap / Google)
Phillips Auctioneers (London)
5 contributions 3184 visits
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Constantine Cannon (London)
United States 12 contributions 5981 visits
Google wins court battle against StreetMap in the UK*Google won a big victory Friday in the High Court of England and Wales, which ruled that Google did not abuse its dominant position to the detriment of the now-defunct UK online mapping provider, Streetmap.The Court’s ruling against (...)

The German Competition Authority prohibits "best price" clauses implemented by an online hotel booking company (Booking.com)
German Competition Authority (Bonn)
Germany 458 contributions 117238 visits
Narrow ’best price’ clauses of Booking also anticompetitive* Today the Bundeskartellamt prohibited Booking (Booking.com Deutschland GmbH, Berlin, and Booking.com B.V., Amsterdam) from continuing to apply its ’best price’ clauses and ordered the hotel booking portal to completely delete the (...)

The Paris Court of Appeal overturns an abuse of dominance ruling in the market for online mapping allowing for the geolocalisation of sales points on company websites (Google / Evermaps)
Ashurst (Milan)
Italy 103 contributions 30350 visits
Paris Court of Appeal overturns Google abuse of dominance ruling* On November 25, 2015, the Paris Court of Appeal (PCA) reversed the December 2012 ruling of the Commercial Tribunal of Paris (CTP) , which found that Google (specifically Google France and Google Inc.) abused its dominant (...)

The Irish Competition Authority publishes commitments secured from Europe’s largest online travel agent platform regarding its best price guarantee (Booking.com)
Irish Competition Authority (Dublin)
Ireland 104 contributions 16762 visits
Commission secures 5-year commitments from Booking.com* Commission secures 5-year commitments from Booking.com Accommodation providers in Ireland will have increased ability to offer lower prices Consumers will have greater access to more competitive rates Tuesday, 6th October 2015: The (...)

The Russian Competition Authority finds that a smartphone operating system developer abused its dominance on the market of pre-installed app stores (Google)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 57370 visits
“Google” abuses its dominant position on the market of pre-installed application stores in “Android” OS* The FAS Commission arrived to that conclusion on 14th September 2015, based on investigating the case against “Google Inc, Google Ireland” Ltd., “Google” Ltd. FAS found that “Google (...)

The German Competition Authority decides not to open formal proceedings against a search engine company in an ancillary copyright dispute (Google / VG Media)
German Competition Authority (Bonn)
Germany 458 contributions 117238 visits
Bundeskartellamt takes decision in ancillary copyright dispute* Bonn, 09 September 2015: In the dispute between the copyright collecting society VG Media and Google, the Bundeskartellamt has decided not to open formal proceedings against Google regarding its conduct in connection with the (...)

The German Competition Authority condemns an athletic equipment company for restricting the online sales of its small and medium-sized authorized dealers (Asics)
Ashurst (Milan)
Italy 103 contributions 30350 visits
Germany’s Federal Cartel Office finds ASICS’ restrictions of online sales illegal* On 27 August 2015, the Federal Cartel Office (“FCO”) concluded its proceedings concerning certain anticompetitive restrictions in the distribution system of ASICS Deutschland (“ASICS“), and found that ASICS (...)

The Croatian Competition Authority opens an ex officio investigation regarding an app sales market (Google)
Croatian Competition Agency (Zagreb)
Croatia 120 contributions 20025 visits
CCA investigation in Android apps sales market* Following some press articles claiming that the Croatian software companies were forced to open branch offices or find partners abroad because Google did not allow them to register for direct sale of their apps via the Google Play store, the (...)

The EU Commission opens an investigation on e-book distribution agreements concluded between several publishers and an electronic commerce company (Amazon)
European Commission - DG COMP (Brussels)
Belgium 1368 contributions 2945645 visits
Commission opens formal investigation into Amazon’s e-book distribution arrangements* The European Commission has opened a formal antitrust investigation into certain business practices by Amazon in the distribution of electronic books ("e-books"). The Commission will in particular (...)

The French Competition Authority obtains extensive commitments from an online hotel booking company (Booking.com)
French Competition Authority (Paris)
France 748 contributions 411300 visits
The Autorité de la concurrence, in coordination with the European Commission and the Italian and Swedish authorities, has obtained particularly extensive commitments from Booking.com aiming to boost competition between online booking platforms and give hotels more freedom in commercial and (...)

The Italian Competition Authority renders legally binding the commitments proposed by an online hotel booking company (Booking.com)
Italian Competition Authority (Rome)
Italy 72 contributions 19356 visits
Commitments offered by booking.com: closed the investigation in Italy, France AND Sweden* On 21 April 2015, the Italian Competition Authority has rendered legally binding the commitments offered by Priceline Group’s companies Booking.com BV and Booking.com (Italy) and closed, with respect to (...)

The Swedish Competition Authority approves the voluntary commitments of an online hotel booking company subject to a fine (Booking.com)
Klarna (Stockholm)
Sweden 9 contributions 1550 visits
The Swedish Competition Authority decided, on 15 April 2015, to approve the voluntary commitments presented by Bookingdotcom Sverige AB and Booking.com BV (below, jointly referred to as “Booking.com”). The commitments are associated with a fine of SEK 5 million (approx. EUR 550 000) for (...)

The German Competition Authority sends a statement of objections to an online hotel booking company suspected of abuse of dominance (Booking.com)
German Competition Authority (Bonn)
Germany 458 contributions 117238 visits
Bundeskartellamt issues statement of objections regarding Booking.com’s ’best price’ clauses* Today the Bundeskartellamt has informed Booking.com Deutschland GmbH, Berlin, of its competition concerns regarding the continued use of ’best price’ clauses in its contracts with hotels in Germany. (...)

The US District Court for the Northern District of California dismisses an antitrust claim for lack of proof of both the conduct and the injury (Google)
DLA Piper Weiss-Tessbach (Vienna)
Austria 26 contributions 7713 visits
Two recent victories for Google in the United States* On 20 February 2015 a federal judge in California dismissed an antitrust lawsuit against Google alleging that it violated antitrust laws by requiring makers of Android tablets and smartphones to designate Google as the default search (...)

Mergers

 The German Competition Authority conducts a parallel investigation into the potential for cartelization and merger review proceedings resulting in a conditional approval of the joint venture (Telekom / EWE)
Van Bael & Bellis (Brussels)
Belgium 227 contributions 72777 visits
Telekom and EWE, two of Germany’s largest telecommunications companies, sought to form a joint venture (JV) to expand the fire-optic broadband network in north-western Germany. On 21 March 2019, the German Federal Cartel Office (FCO) launched two sets of parallel proceedings: an investigation (...)

The UK Competition Authority raises competition concerns regarding a merger in the markets of supply of IT systems used by airlines and travel agents to sell airline tickets (Sabre / Farelogix)
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105170 visits
Sabre’s takeover of Farelogix raises competition concerns* Sabre’s proposed takeover of Farelogix raises competition concerns in the supply of IT systems used by airlines and travel agents to sell airline tickets. The Competition and Markets Authority (CMA) has been investigating the (...)

The UK Competition Authority clears a merger in the online and offline payment services market (PayPal / iZettle)
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105170 visits
CMA clears PayPal / iZettle deal* The CMA has cleared PayPal’s completed takeover of rival mobile payments company iZettle after an in-depth, Phase 2, investigation. Both companies provide mobile point of sale (mPOS) devices that enable businesses to take ‘offline’ payments through a card (...)

The UK Competition Authority clears the takeover of a mobile payments company after conducting an in-depth Phase 2 probe (PayPal / iZettle)
Charles River Associates International (CRA) (London)
United States 12 contributions 11225 visits
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Charles River Associates International (CRA) (London)
United Kingdom 3 contributions 1062 visits
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Charles River Associates International (CRA) (Boston)
United States 1 contribution 555 visits
Acquisitions of Potential Rivals in Digital/Tech: Valuation Analysis as Key Economic Too - PayPal/iZettle Antitrust authorities everywhere are increasingly concerned with so-called “killer acquisitions” – cases where an established incumbent buys up a small rival which might have the (...)

The Mexican Competition Authority submits to public consultation the draft modifications to the guidelines for concentration notification via electronic means and the draft modifications of the regulatory provisions on the use of electronic means
Mexican Competition Authority (Mexico City)
Mexico 140 contributions 30557 visits
COFECE submits for public consultation the modification to the Guidelines for Concentration Notification via Electronic Means and the Regulatory Provisions on the Use of Electronic Means* • The consultation period for the Guidelines is 30 working days, while the period for the Provisions is (...)

The French Competition Authority re-examines and eases merger remedies made by a leading pay TV provider (Canal+ International)
French Competition Authority (Paris)
France 748 contributions 411300 visits
Pay TV in French overseas departments and regions* The Autorité de la concurrence has re-examined the commitments made by Canal+ International as part of the take-over of Mediaserv (now Canal+ Telecom) in 2014. Certain obligations have been maintained to preserve the competitive dynamic. (...)

The EU Commission clears the acquisition of a music recognition app by a Big Tech company that provides a digital music streaming service (Apple / Shazam)
Slaughter and May (Brussels)
Belgium 1 contribution 251 visits
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Slaughter and May (London)
United Kingdom 2 contributions 1170 visits
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European Commission - DG COMP (Brussels)
Belgium 1 contribution 251 visits
This article has been nominated for the 2019 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Is Big Data a ‘friend’ or a ‘foe’ to consumers? Do the current EU merger control rules work for ‘Big Tech’ deals? The European Commission’s announcement that (...)

The French Competition Authority clears a merger on the online advertising market (Aufeminin / TF1)
French Competition Authority (Paris)
France 748 contributions 411300 visits
Online advertising* The Autorité de la concurrence clears the acquisition of Aufeminin by TF1 On 16 March 2018, TF1 notified the Autorité de la concurrence of its acquisition of sole control of Aufeminin. Following the consultation of competitors and TF1’s clients along with an analysis of (...)

The EU Commission decides to review a merger in the market of music recognition applications for smartphones (Apple / Shazam)
European Commission - DG COMP (Brussels)
Belgium 1368 contributions 2945645 visits
Mergers: Commission to assess the acquisition of Shazam by Apple* The European Commission has accepted a request from Austria, France, Iceland, Italy, Norway, Spain and Sweden to assess under the EU Merger Regulation the proposed acquisition of Shazam by Apple. The Commission considers the (...)

The French Competition Authority unconditionally clears a merger between two real estate online platforms (Axel Springer / Concept Multimédia)
Epex Spot (Paris)
France 8 contributions 3488 visits
On 1st February 2018, the French Competition Authority (“FCA”) unconditionally cleared in Phase II proceedings the planned acquisition of sole control of French company Concept Multimédia - which owns the real estate online platform Logic-Immo.com - by German group Axel Springer - which owns (...)

The Russian Competition Authority clears the creation of a joint undertaking subject to remedies in the taxi market (Yandex / Uber)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 57370 visits
FAS cleared merger between Yandex.Taxi and Uber, subject to conditions* On November 24, 2017 FAS agreed on the application of the Yandex N.V., Uber International C.V. for conclusion of an agreement on the creation of joint enterprise, subject to conditions. The results of analysis of the (...)

The US FTC files an administrative complaint challenging a proposed acquisition in the market for third-party paid referral services for senior living facilities and enters into a consent decree (Red Venture / Bankrate)
Georgetown University Law Center (Washington)
United States 4 contributions 1468 visits
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Shearman & Sterling (Washington)
United States 23 contributions 13066 visits
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Shearman & Sterling (Washington)
United States 11 contributions 3782 visits
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This article has been nominated for the 2018 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On November 3, 2017, the Federal Trade Commission filed a complaint challenging Red Ventures’ proposed acquisition of Bankrate. The FTC alleged that the deal (...)

The EU Commission fines a big tech company for providing incorrect or misleading information during the merger control review process (Facebook / Whatsapp)
Milbank (London)
United Kingdom 21 contributions 12408 visits
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Arnold & Porter Kaye Scholer (Brussels)
Belgium 64 contributions 99400 visits
THE LATEST: EU Commission Fines Facebook EUR 110 million for Providing Incorrect or Misleading Information* The Commission’s EUR 110 million fine on Facebook for breach of its procedural obligations under the EU merger control rules underscores the need to submit full, accurate and reliable (...)

The EU Commission fines a social network company for providing misleading information during a merger investigation (Facebook / WhatsApp)
European Commission - DG COMP (Brussels)
Belgium 1368 contributions 2945645 visits
Mergers: Commission fines Facebook €110 million for providing misleading information about WhatsApp takeover* The European Commission has fined Facebook €110 million for providing incorrect or misleading information during the Commission’s 2014 investigation under the EU Merger Regulation of (...)

The EU Commission fines a company for providing incorrect or misleading information during its investigations on a merger (Facebook / WhatsApp)
Cleary Gottlieb Steen & Hamilton (London)
Belgium 32 contributions 38737 visits
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 41 contributions 40298 visits
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Cleary Gottlieb Steen & Hamilton (Brussels)
Belgium 4 contributions 3950 visits
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On May 18, 2017, the European Commission (the “Commission”) fined Facebook €110 million for providing incorrect or misleading information during its 2014 investigation of its acquisition of WhatsApp The magnitude of the fine dwarfs the few penalties the Commission has imposed in the past for (...)

The German Competition Authority clears a merger on the e-book online platform market (Rakuten / Tolino)
German Competition Authority (Bonn)
Germany 458 contributions 117238 visits
Bundeskartellamt clears acquisition of "tolino" e-book platform by Rakuten* The Bundeskartellamt has cleared the acquisition by the Japanese online retailer Rakuten Inc. of the assets for the technical operation of the "tolino" e-book platform. The seller of the assets is Deutsche Telekom (...)

The EU Commission sends a statement of objections to a social network suspected of having transmitted misleading informations concerning a merger (Facebook / WhatsApp)
European Commission - DG COMP (Brussels)
Belgium 1368 contributions 2945645 visits
Mergers: Commission alleges Facebook provided misleading information about WhatsApp takeover* The European Commission has sent a Statement of Objections to Facebook alleging the company provided incorrect or misleading information during the Commission’s 2014 investigation under the EU (...)

The EU Commission conditionally clears a merger in the professional social network market (Microsoft / LinkedIn)
Milbank (London)
United Kingdom 21 contributions 12408 visits
European Commission Approves Microsoft Acquisition of LinkedIn Subject to Conditions* On 6 December 2016, the European Commission cleared the acquisition of LinkedIn by Microsoft, subject to Microsoft granting LinkedIn’s competitors access to certain LinkedIn tools. “Big Data” concerns (...)

The EU Commission clears a merger subject to remedies on the professional social networks market (Microsoft / LinkedIn)
European Commission - DG COMP (Brussels)
Belgium 1368 contributions 2945645 visits
MERGERS: COMMISSION APPROVES ACQUISITION OF LINKEDIN BY MICROSOFT, SUBJECT TO CONDITIONS* The European Commission has approved under the EU Merger Regulation the proposed acquisition of LinkedIn by Microsoft. The decision is conditional on compliance with a series of commitments aimed at (...)

The French Competition Authority holds that the relevant market for retail distribution of electronic products comprises both physical and online stores (Fnac / Darty)
Cleary Gottlieb Steen & Hamilton (Rome)
Italy 9 contributions 3273 visits
THE FRENCH COMPETITION AUTHORITY HOLDS THAT THE RELEVANT MARKET FOR RETAIL DISTRIBUTION OF ELECTRIC PRODUCT COMPRISES BOTH PHYSICAL AND ONLINE STORES* On 18 July 2016, the French Competition Authority (FCA or the Authority) cleared the acquisition of Darty by the Fnac group, a move which (...)

The Chinese Ministry of Commerce releases a company from conditions previously imposed in an e-commerce merger (Wal-Mart / Yihaodian)
China Competition Bulletin (Beijing)
China 101 contributions 26815 visits
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University of Melbourne
Australia 103 contributions 29864 visits
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University of Melbourne
Australia 68 contributions 16446 visits
On 30 May 2016, the MOFCOM decided to release Wal-Mart from the conditions that it had imposed on Wal- Mart’s acquisition of Yihaodian in 2012. Wal-Mart had applied for release from these conditions in July 2015. When the MOFCOM conditionally approved Wal-Mart’s acquisition in 2012, the (...)

The Lithuanian Competition Authority prohibits a merger between two managers of classified ads websites for real estate and vehicles (AS Eesti Meedia / AllePAL OÜ)
Lithuanian Competition Authority (Vilnius)
Lithuania 107 contributions 20940 visits
Competition Council: Merger between classified ads websites restricted competition* On 6 May 2016, the Competition Council (hereinafter – KT) prohibited a merger whereby in 2014 AS Eesti Meedia acquired 100 per cent of AllePAL OÜ shares. KT found that the merger restricted competition in the (...)

The German Competition Authority clears a merger in the online advertising sector (Ströer / OMS)
German Competition Authority (Bonn)
Germany 458 contributions 117238 visits
CLEARANCE OF TAKEOVER BU STÖER OF ONLINE MARKETING COMPANY OMS* In first phase proceedings the Bundeskartellamt has cleared plans by Ströer SE, Cologne, to acquire all the shares in OMS-Vermarktungs GmbH & Co. KG, Düsseldorf. The merger project affects the online advertising sector. (...)

The EU Commission approves the acquisition by a rival of a data center operator subject to the divestment of several data centers in Amsterdam, London, and Frankfurt (Telecity / Equinix)
European Commission - DG COMP (Brussels)
Belgium 1368 contributions 2945645 visits
MERGERS: COMMISSION CLEARS ACQUISITION OF TELECITY BY EQUINIX, SUBJECT TO CONDITIONS* The European Commission has approved the proposed acquisition of data centre operator Telecity by rival Equinix subject to the divestment of a number of data centres in Amsterdam, London and Frankfurt. (...)

The German Competition Authority clears a merger between major online dating platforms in phase II (EliteMedianet / Parship)
German Competition Authority (Bonn)
Germany 458 contributions 117238 visits
Major online dating platforms can merge* The Bundeskartellamt has cleared in second phase proceedings the planned acquisition of all the shares in EliteMedianet GmbH, Hamburg, by an investment fund of Oakley Capital Limited, London. The merger affects the market for online dating platforms, (...)

The German Competition Authority clears a merger on the market of online real estate portals (Immonet / Immowelt)
German Competition Authority (Bonn)
Germany 458 contributions 117238 visits
CLEARANCE OF MERGER BETWEEN IMMONET AND IMMOWELT* In the first phase of merger control the Bundeskartellamt has cleared plans by Axel Springer SE, Berlin to acquire sole control of Immowelt AG, Nuremberg and the launch of a joint venture between Immowelt AG and Immonet GmbH, Hamburg. The (...)

State Aids

 The EU Court of Justice provides further guidance on how economic activities linked to non-economic functions must be treated in a State aid context (Aanbestedingskalender)
Maastricht University (Maastricht)
Belgium 357 contributions 67233 visits
SEPARABILITY OF ECONOMIC FROM NON-ECONOMIC ACTIVITIES* Introduction Pure research whose results are widely disseminated is undoubtedly a non-economic activity. Research reports are often published on the internet. But the design and management of a research organisation’s website can be an (...)

The EU Commission opens an in-depth investigation into UK statutory rules exempting some financing incomes earned by foreign subsidiaries
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 12 contributions 5495 visits
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Steptoe & Johnson (London)
United Kingdom 4 contributions 922 visits
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 79 contributions 60748 visits
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On 26 October 2017, the European Commission (the Commission) opened an in-depth investigation into UK statutory rules that exempt certain financing income earned by foreign subsidiaries of UK corporate taxpayers from UK tax. The Commission’s investigation will focus on whether the UK (...)

The EU General Court confirms that public funding of an e-platform for procurement purposes does not constitute State aid (Aanbestedingskalender)
Maastricht University (Maastricht)
Belgium 357 contributions 67233 visits
Activities linked to State prerogatives Economic activities which cannot be separated from the exercise of public powers cease to be economic in nature. Introduction The dividing line between economic and non-economic activities is in a permanent state of flux. Although it is now clear (...)

Procedures

 The Dutch Competition Authority imposes a fine of €1.84 million on a company for obstructing and deleting chat conversations during a dawn raid (WhatsApp)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 212 contributions 36845 visits
ACM HAS IMPOSED A FINE OF 1.84 MILLION EUROS FOR DELETING WHATSAPP CHAT CONVERSATIONS DURING A DAWN RAID* The Netherlands Authority for Consumers and Markets (ACM) has imposed a fine on a company for obstructing an ACM investigation. During a recent dawn raid, employees of the company under (...)

The Dutch Competition Authority imposes a fine of €1.84 million against a company for obstructing an on-the-spot inspection (WhatsApp)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 13 contributions 3189 visits
ACM HAS IMPOSED A FINE OF 1.84 MILLION EUROS FOR DELETING WHATSAPP CHAT CONVERSATIONS DURING A DAWN RAID* Dawn raids may become a nerve-racking experience for companies that are under scrutiny of competition authorities and their employees. During a dawn raid, which is performed without (...)

The Vice-President Margrethe Vestager announces the intention to launch the review of the Commission Notice on the definition of relevant market
European Commission - DG COMP (Brussels)
Belgium 45 contributions 20927 visits
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Gómez-Acebo & Pombo (Brussels)
Belgium 51 contributions 29284 visits
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Basic-Fit (Hoofddorp)
Netherlands 45 contributions 20942 visits
On 9 December 2019, the Commission’s Executive Vice-President Margrethe Vestager announced the Commission’s intention to launch the review of the Commission Notice on the definition of relevant market for the purposes of Community competition law (‘the Notice’). The Notice dates back from (...)

The French Competition Authority can access data of electronic communication operators in order to investigate anticompetitive practices
French Competition Authority (Paris)
France 748 contributions 411300 visits
The Autorité de la concurrence will now be able to access the data of electronic communication operators* The PACTE Law for the Growth and Transformation of Companies of 22 May 2019, has given the Autorité de la concurrence new power to investigate anticompetitive practices. The law now (...)

The Swedish Competition Authority initiates a market study on competition law in the Swedish markets for digital platforms
Swedish Competition Authority (Stockholm)
Sweden 70 contributions 10352 visits
MARKET STUDY OF DIGITAL PLATFORMS* The Swedish Competition Authority is initiating a market study into competition on the markets for digital platforms in Sweden. This includes, for example, digital advertising, food delivery, audiobooks, and digital payment services. The study will (...)

The Higher Regional Court of Düsseldorf grants a social network company the suspensive effect to an appeal in an interim decision (Facebook)
Hunton Andrews Kurth (Brussels)
Belgium 1 contribution 2343 visits
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Cleary Gottlieb Steen & Hamilton (Frankfurt)
Germany 1 contribution 2343 visits
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White & Case (Düsseldorf)
Germany 3 contributions 2556 visits
In February of this year the German antitrust agency, the Federal Cartel Office, issued a decision against Facebook regarding their handling of user data. Facebook appealed and on August 26, 2019, the Düsseldorf Court of Appeal in an interim decision granted suspensive effect to Facebook’s (...)

The Higher Regional Court of Düsseldorf suspends an order of the German Competition Authority on alleged abuse of dominance by a major social network (Facebook)
Baker Botts (London)
United Kingdom 9 contributions 2543 visits
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Baker Botts (Washington)
United States 22 contributions 19338 visits
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Baker Botts (Brussels)
Belgium 28 contributions 21629 visits
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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 (...)

The Higher Regional Court of Düsseldorf suspends an order of the Competition Authority after the world’s biggest social network appeals an abuse of dominance decision (Facebook)
Van Bael & Bellis (Brussels)
Belgium 191 contributions 67220 visits
On 26 August 2019, the Higher Regional Court of Düsseldorf (the “Court”) granted Facebook’s request for an injunction against the immediate application of measures imposed by the German Federal Cartel Office (the “FCO”) arising from the FCO’s finding in February 2019 that Facebook abused its (...)

The Higher Regional Court of Düsseldorf suspends the decision of the German Competition Authority which prevented data-gathering practices from a social network company (Facebook)
Ashurst (Frankfurt)
Germany 15 contributions 4268 visits
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Ashurst (London)
United Kingdom 2 contributions 780 visits
On 26 August 2019, the Higher Regional Court in Düsseldorf suspended the German Federal Cartel Office’s (’FCO’ or Bundeskartellamt) decision to prevent Facebook from combining user data from various sources such as Facebook, Instagram, WhatsApp and unrelated sites that use Facebook analytics (...)

The Beijing High People’s Court releases guidelines on Internet-related intellectual property rights trials
University of Melbourne
Australia 103 contributions 29864 visits
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China Competition Bulletin (Beijing)
China 101 contributions 26815 visits
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Hogan Lovells (Beijing)
China 81 contributions 21119 visits
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On 13 April 2016, the Beijing High People’s Court released the Guideline on the Trial of Internet-Related Intellectual Property Right Cases. The guideline contains 42 provisions, covering copyright, trademark, and unfair competition issues. Specifically, there are two competition-related (...)

The Irish High Court finds that the Competition Authority has exceeded its dawn raid powers in seizing digital material in bulk (CRH)
McCann FitzGerald (Dublin)
Ireland 2 contributions 390 visits
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McCann FitzGerald (Brussels)
Belgium 3 contributions 609 visits
Introduction In CRH plc v The Competition and Consumer Protection Commission the Irish High Court found that the Irish Competition and Consumer Protection Commission (“CCPC”) had exceeded its dawn raid powers in seizing digital material in bulk. The High Court granted orders preventing the (...)

The Bulgarian Supreme Administrative Court confirms Commission’s decision ordering for a transportation company to suspend operations in Bulgaria for immediate enforcement (Uber)
Mondelez (Sofia)
Romania 8 contributions 2993 visits
On September 23, 2015 the five-member panel of the Bulgarian Supreme Administrative Court confirmed the decision of the Commission on Protection of Competition for immediate enforcement of the decision ordering for Uber to suspend operations in Bulgaria. On June 30, 2015, the CPC adopted its (...)

Regulations

 The German Ministry for Economic Affairs and Energy publishes the draft bill on the 10th amendment to the German Act against restraints of competition
Morgan Lewis (Frankfurt)
Germany 8 contributions 2950 visits
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Buntscheck (Munich)
Germany 3 contributions 1063 visits
The German Ministry for Economic Affairs and Energy has published the draft bill on the 10th amendment to the German Act against Restraints of Competition, which includes a proposal for the revision of abuse control in Germany. Such revision would be of high relevance for undertakings in the (...)

The Indian Competition Authority publishes its market study on e-commerce in India focusing on the three broad categories of e-commerce in consumer goods, accommodation services and food services
Shardul Amarchand Mangaldas (New Delhi)
India 58 contributions 17741 visits
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Shardul Amarchand Mangaldas (Mumbai)
India 70 contributions 20140 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 59 contributions 17802 visits
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The CCI published a report on its Market Study on E-Commerce in India. The Study focused on the three broad categories of e-commerce in consumer goods, accommodation services and food services. After giving an overview of trends in and features of e-commerce, the CCI identified and (...)

The Indian Competition Authority releases its market study on e-commerce
High Court of Delhi
India 2 contributions 639 visits
Introduction In April 2019, the Competition Commission of India (“Commission”) had announced a market study into the functioning of ‘E-Commerce’ in India. The focus area of the study was to gather information relating to “trends, practices and issues” which are relevant to the fair and (...)

The Canadian Competition Bureau announces that agencies and brands involved in influencer marketing have to comply with the Competition Act
Steve Szentesi Law Professional Corporation
France 55 contributions 14696 visits
INFLUENCER ADVERTISING: COMPETITION BUREAU INCREASES PRESSURE ON BRANDS AND AGENCIES TO COMPLY WITH THE COMPETITION ACT* Practical Law Canada has published a New Legal Update, which discusses the Competition Bureau’s new guidelines for influencer advertising. While the Bureau’s new (...)

The French and German Competition Authorities publish a joint study on algorithms and competition law
Court of First Instance of Namur (Namur)
Belgium 224 contributions 47657 visits
On 6 November 2019, the French and German competition authorities presented their joint study on algorithms and competition at a conference in Paris. The study recognises algorithms as one of the “most important technological drivers of the ongoing digitalization process” but also identifies a (...)

The French and German Competition Authorities present their joint study on algorithms and competition law
French Competition Authority (Paris)
France 748 contributions 411300 visits
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German Competition Authority (Bonn)
Germany 458 contributions 117238 visits
Algorithms are among the most important technological drivers of the ongoing digitalization process. They are becoming more and more important, enabling firms to be more innovative and efficient. However, debate has arisen on whether and to what extent algorithms might also have detrimental (...)

The German Competition Authority issues a report relating to the common understanding of G7 Competition Authorities on competition and the digital economy
German Competition Authority (Bonn)
Germany 458 contributions 117238 visits
Common Understanding on competition in the digital economy* The competition authorities of the G7 countries (Canada, France, Germany, Italy, Japan, United Kingdom, USA), together with the European Commission, have today presented the Common Understanding they have reached on the issues (...)

The Italian Competition Authority publishes guidelines and policy recommendations for big data aimed to understand the implications that developments in digital economy have for antitrust, regulation and consumer protection
Ashurst (Brussels)
Belgium 1 contribution 225 visits
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Ashurst (Milan)
Italy 103 contributions 30350 visits
BIG DATA: ITALIAN AUTHORITIES PUBLISHED GUIDELINES AND POLICY RECOMMENDATION ON COMPETITION, CONSUMER PROTECTION AND DATA PRIVACY ISSUES* Introduction On July 10, 2019, the Italian Competition Authority (“ICA”), the Authority for the Communications Guarantees (“AGcom”), and the Authority (...)

The Italian Competition Authority issues with two other Italian authorities, guidelines and recommendations related to policies for Big Data
Italian Competition Authority (Rome)
Italy 72 contributions 19356 visits
Big data: the guidelines and recommendations of policies shared by the three Authorities* The Italian Competition Authority, the Authority for the Communications Guarantees and the Authority for the protection of personal data have published the guidelines and recommendations of policies for (...)

The French Competition Authority announces that seven regulators have published a joint memo of their common approach to data-driven regulation
French Competition Authority (Paris)
France 748 contributions 411300 visits
Cooperation between regulators* Seven regulators publish the fruit of their common approach to data-driven regulation Data-driven regulation, an additional tool for regulators In this era of unceasing innovation, regulators rely more and more on the collection, utilisation and (...)

The Japanese Competition Authority issues unfair Competition Prevention Act which grants legal protection to big data
Nagashima Ohno & Tsunematsu (Tokyo)
Japan 1 contribution 431 visits
On 1 July 2019 the Unfair Competition Prevention Act was amended to afford new legal protection to Big Data. The act regulates several types of unfair competition, including the new act of wrongfully acquiring, disclosing and using Big Data. Thus, parties should review their management (...)

The German Competition Authority issues its final report on inquiry into comparison websites
German Competition Authority (Bonn)
Germany 458 contributions 117238 visits
Sector inquiry on comparison websites - Bundeskartellamt wants to terminate infringements of consumer rights and demands new competences* Today the Bundeskartellamt has published the final report on its inquiry into comparison websites. Andreas Mundt, President of the Bundeskartellamt: (...)

The EU Commission publishes a report on competition policy for the digital era
Norton Rose Fulbright (Brussels)
Belgium 32 contributions 14223 visits
“Digital Era” Report Bolsters Commissioner Vestager’s Digital Legacy* On April 4, 2019, the European Commission published a report by Jacques Crémer, Yves-Alexandre de Montjoye, and Heike Schweitzer on competition policy for the digital era (the Digital Era Re port, or the Report), the (...)

The US FTC announces the launch of a new Technology Task Force to investigate anticompetitive conduct, review past transactions, and contribute to pending merger reviews
McDermott Will & Emery (Washington)
United States 5 contributions 1061 visits
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McDermott Will & Emery (Washington)
United States 36 contributions 6244 visits
THE LATEST: FTC’s New “Technology Task Force” Has Broad Mandate Including Review of Consummated Transactions* The US Federal Trade Commission’s (FTC) Bureau of Competition announced the launch of a new Technology Task Force that will investigate anticompetitive conduct, review past (...)

The French Competition Authority takes into account the emergence of online video platforms in its opinion on the audiovisual sector
French Competition Authority (Paris)
France 748 contributions 411300 visits
Audiovisual sector* In the context of the reform of the audiovisual sector, the Committee on Cultural Affairs and Education of the French National Assembly (Assemblée nationale) referred this matter to the Autorité de la concurrence, which today delivers its opinion. In the face of the (...)

The Finnish Competition Authority issues a report on competition law in the data economy
Finnish Competition and Consumer Authority (Helsinki)
Finland 75 contributions 12658 visits
FCCA: Competition and consumer protection are fundamental to data economy* With the market for digital products and services is growing, the functionality of competition and consumer protection are important considerations. A report by the Finnish Competition and Consumer Authority (FCCA), (...)

The EU Commission hosts a conference to address the challenges of digitization for competition policy
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 47355 visits
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Latham & Watkins (Brussels)
Belgium 24 contributions 3404 visits
“Shaping Competition Policy in the era of digitization”: The European Commission hosts a conference with academic and business leaders to address the challenges of digitization for competition policy. On 17 January 2019, the European Commission hosted an experts conference to address the (...)

The OECD holds a roundtable on e-commerce
OECD - Competition Division (Paris)
France 313 contributions 1449522 visits
1. Introduction 1. E-commerce – broadly, buying and selling online – is a global phenomenon and an important expanding distribution mechanism across the OECD. During the last decade, e-commerce activities have been growing both in the demand and supply side, as seen by the increasing number (...)

The OECD holds a roundtable on blockchain technology and competition policy
OECD - Competition Division (Paris)
France 313 contributions 1449522 visits
1. Introduction 1. Blockchain is a general-purpose technology that threatens to disrupt markets and institutions across the world. Where the internet enabled the publishing and digital transfer of information, blockchain authenticates the ownership of assets, makes them unique, traceable, (...)

The EU Commission publishes draft legislation for regulating online platforms and search engines
Latham & Watkins (Brussels)
Belgium 9 contributions 5729 visits
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Latham & Watkins (Brussels)
Belgium 6 contributions 956 visits
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Latham & Watkins (Brussels)
Belgium 1 contribution 161 visits
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This article has been nominated for the 2019 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. New proposed EC Regulation would impose transparency obligations vis-à-vis business users and introduces collective redress. Background Businesses (...)

The EU Parliament and EU Council adopt ban on unjustified geo-blocking regulation
Latham & Watkins (Brussels)
Belgium 9 contributions 5729 visits
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Latham & Watkins (Brussels)
Belgium 6 contributions 956 visits
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White & Case (Brussels)
Belgium 35 contributions 13586 visits
EU Adopts Ban on Unjustified Geo-Blocking* The new EU geo-blocking regulation prohibits unjustified geo-blocking. Businesses selling online should review carefully their terms and sales organization to ensure compliance. On 27 February 2018, the European Union (EU) adopted the EU (...)

The EU Parliament and EU Council adopt geo-blocking regulation
McDermott Will & Emery (Brussels)
Belgium 43 contributions 8111 visits
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McDermott Will & Emery (Paris)
France 136 contributions 68834 visits
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Norton Rose Fulbright (Brussels)
Belgium 38 contributions 7545 visits
The so-called Geo-Blocking Regulation, Regulation (EU) 2018/302, became directly applicable throughout the European Union on 3 December 2018. The Regulation is part of the European Union’s single market strategy to enable consumers and businesses to benefit fully from the opportunities (...)

The Canadian Telecom Regulator has an opportunity to effectively control online piracy based on a proposal from a coalition of telecom operators and rights holders (FairPlay Canada)
International Center for Law & Economics (Portland)
United States 1 contribution 198 visits
The Canadian Parliament Has an Opportunity to Effectively Control Online Piracy In an ideal world, it would not be necessary to block websites in order to combat piracy. But we do not live in an ideal world. We live in a world in which enormous amounts of content—from books and software to (...)

The Australian Competition Authority launches an inquiry into digital platforms
Australian Competition and Consumer Commission (Canberra)
Australia 400 contributions 84854 visits
ACCC commences inquiry into digital platforms* The Federal Government has today formally directed the ACCC to commence an inquiry into digital platform providers such as Facebook and Google. The ACCC’s inquiry will look at the effect that digital search engines, social media platforms and (...)

The German Competition Authority publishes a paper on "Big Data and Competition" as Big Data and digital markets remain in the focus of EU competition authorities
Hogan Lovells (Brussels)
Belgium 21 contributions 8966 visits
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Hogan Lovells (Munich)
Germany 65 contributions 25613 visits
I. Introduction On 6 October, the German Federal Cartel Office (’FCO’) launched its new series of papers on ’Competition and Consumer Protection in the Digital Economy’. The first paper deals with ’Big Data and Competition’. The same day, a ’real-life example’ of competition enforcement in (...)

The EU Court of Justice Advocate General Szpunar delivers his opinion in a case regarding the concept of information society service (Uber Spain)
MLAB Abogados (Madrid)
Spain 50 contributions 8606 visits
Quo Vadis EU law on e-platforms? A comment on the Advocate General’s Opinion in the Uber Spain Case. 1. Introduction: Background of the case In 2014, Uber launched its UberPOP service in Barcelona and Madrid. UberPOP enables users of Uber’s App to request a transport service from (...)

The EU Commission publishes report on online hotel booking platforms in collaboration with several national competition authorities
European Commission - DG COMP (Brussels)
Belgium 1368 contributions 2945645 visits
The European Commission publishes the results of an exercise, carried out by the Autorité de la concurrence and 9 other national European competition authorities, which assess the effects of the remedies adopted in Europe in the online hotel booking sector.* Background Following the (...)

The OECD holds a roundtable on big data
OECD - Competition Division (Paris)
France 313 contributions 1449522 visits
Executive summary, by the Secretariat * The 126th meeting of the Competition Committee held a Hearing on 29 November 2016 to discuss Big Data and the challenges of adapting competition policy to the digital economy. Considering the background note prepared by the OECD Secretariat with the (...)

The French Competition Authority issues an unfavorable opinion concerning draft orders for online sales of medicinal products
French Competition Authority (Paris)
France 748 contributions 411300 visits
The Autorité de la concurrence issues an unfavourable opinion to the government.* The envisaged "good practice" create a discriminatory system in comparison with the conditions required for over-the-counter sales, removing all interest in the sale medicinal products on the Internet, both for (...)

The French Competition Authority publishes opinion regarding the implementation of a new online taxi platform (Le.taxi)
French Competition Authority (Paris)
France 748 contributions 411300 visits
The Autorité has published the opinion issued to the Government on the implementation of the Le.taxi platform* Following publication of the texts launching the Le.taxi service, the Autorité de la concurrence has published the opinion it issued to the Government. Subject to compliance with (...)

The OECD holds roundtable on competition and disruptive innovation in the financial markets
OECD - Competition Division (Paris)
France 313 contributions 1449522 visits
Competition delegates held a hearing on disruptive innovation in financial markets on 26 October 2015. This hearing examined selected financial market innovations, with a particular view to enhancing competition authority awareness of new and developing competitive alternatives. It focused on: (...)

The German Competition Authority publishes discussion paper on internet platforms in merger control, contractual restrictions of competition and, abuse of dominance scenarios
Heinz & Zagrosek (Köln)
Germany 23 contributions 13205 visits
The FCO publishes discussion paper on internet platform markets* On October 1, 2015, the FCO published a paper entitled “Digital economy – internet platforms between competition law, privacy and consumer protection” on the occasion of a conference of the working group competition law (...)

The OECD holds roundtable on disruptive innovations and their effect on competition
OECD - Competition Division (Paris)
France 313 contributions 1449522 visits
Executive summary, by the Secretariat On 16 June 2015, the OECD Competition Committee held a Hearing on Disruptive Innovation (“Hearing”). The purpose of the Hearing was to discuss competition policy responses to new technologies or business models that have the potential of profoundly (...)

Anticompetitive practices

 The French Competition Authority publishes its contribution to the competition policy debate in light of the digital economy challenge
French Competition Authority (Paris)
France 748 contributions 411300 visits
The Autorité publishes its contribution to the debate on competition policy and the challenges raised by the digital economy* The Autorité de la concurrence publishes its contribution to the debate on competition policy in light of the challenges arising from the digital economy. It is thus (...)

The EU Commission imposes a €14.3 million fine on a film and TV production company for territorial and online sale restrictions of merchandising products (NBCUniversal)
Van Bael & Bellis (Brussels)
Belgium 175 contributions 58689 visits
On 30 January 2020, the European Commission (“Commission”) announced its decision to fine several companies belonging to Comcast Corporation, including NBCUniversal, € 14,327,000 for limiting the ability of licensees to sell licensed merchandising products to other EEA countries and (...)

The England & Wales Court of Appeal rejects an appeal against a judgment of the CAT which upheld the Competition Authority’s decision finding the online sales ban of a company’s custom-fitted golf clubs to be an unjustified restriction (Ping)
Van Bael & Bellis (Brussels)
Belgium 175 contributions 58689 visits
On 21 January 2020, the UK Court of Appeal rejected an appeal brought by the golf club manufacturer Ping Europe Limited (“Ping”) against the 2018 judgment of the Competition Appeal Tribunal (“CAT”), which upheld the Competition and Markets Authority’s (“CMA”) 2017 decision finding Ping’s (...)

The Canadian Competition Bureau takes steps against misleading representations in online sales of airline tickets (FlightHub)
Journal of Parliamentary and Political Law (Ottawa)
51 contributions 21461 visits
The old adage appears to ring true yet again: If it sounds too good to be true it probably is. Canada’s Competition Bureau (Bureau), which assists the Commissioner of Competition (Commissioner) in the administration and enforcement of the Competition Act (Act), announced on 28 October 2019 (...)

The Canadian Competition Authority issues a call for information from the Country’s business community about conduct in the digital economy that may be harmful to competition
Canadian Competition Bureau (Gatineau)
Canada 84 contributions 11892 visits
Competition Bureau calls for businesses to report potentially anti-competitive conduct in the digital economy* The Competition Bureau has published a call-out for information from Canada’s business community about conduct in the digital economy that may be harmful to competition. The (...)

The Swiss Competition Authority fines a manufacturer of sports products for vertical price fixing with dealers (Stöckli)
Lenz & Staehelin (Zurich)
Switzerland 11 contributions 2575 visits
Introduction The Swiss Competition Commission (“ComCo”) fined Stöckli Swiss Sports (“Stöckli”), a Swiss manufacturer of Skis and other sport products, for vertical price fixing with its dealers with CHF 140’000. The fine was rather low, as Stöckli had filed a leniency application, albeit (...)

The UK Competition Authority imposes a record-breaking £3.7M fine on a digital piano supplier for online resale price maintenance (Casio)
Van Bael & Bellis (Brussels)
Belgium 175 contributions 58689 visits
According to a press release issued on 1 August 2019, the Competition and Markets Authority (“CMA”) imposed a fine of £ 3.7 million (approximately € 4.1 million) on piano supplier Casio Electronics (“Casio”) for online resale price maintenance (RPM). Between the years 2013 and 2018, Casio (...)

The EU Commission opens investigation into the allegedly anticompetitive conduct of a multinational online platform focused on e-commerce (Amazon)
European Commission - DG COMP (Brussels)
Belgium 1368 contributions 2945645 visits
Antitrust: Commission opens investigation into possible anti-competitive conduct of Amazon* The European Commission has opened a formal antitrust investigation to assess whether Amazon’s use of sensitive data from independent retailers who sell on its marketplace is in breach of EU (...)

The UK Competition Authority announces the start of a formal market study into online platforms and the UK market for digital advertising
KPMG Law
Belgium 1 contribution 3406 visits
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Crowell & Moring (London)
United Kingdom 16 contributions 9868 visits
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Simmons & Simmons (London)
United Kingdom 7 contributions 7403 visits
What is the Study about? The Study is broad in scope and aims to examine three potential sources of harm in connection with the digital advertising market: i) to what extent online platforms have market power in user-facing markets and what impact this has on consumers; ii) whether consumers (...)

The French Competition Authority fines a bicycle manufacturer €250.000 for online sale restrictions (Bikeurope / Trek Bicycle)
Van Bael & Bellis (Brussels)
Belgium 175 contributions 58689 visits
On 1 July 2019, the French Competition Authority (“FCA”) imposed a fine of € 250,000 on Trek Bicycle Corporation and its subsidiary Bikeurope B.V. (together “Bikeurope”) for having prohibited its authorised retailers from selling its bicycles online from 2007 to 2014, a restriction by object (...)

The Portuguese Competition Authority warns that using algorithms to coordinate market prices is incompatible with Competition Law
Portuguese Competition Authority (Lisbon)
Portugal 119 contributions 30260 visits
The AdC warns that using algorithms to coordinate market prices is incompatible with the Portuguese Competition Law* The Portuguese Competition Authority (Autoridade da Concorrência, AdC) warns that firms are responsible for the algorithms they use and that employing these tools with the aim (...)

The Shanghai Intellectual Property Court holds that fictitiously increasing the number of views of videos is an act of false propaganda (Feiyi / IQiYi)
Beijing Foreign Studies University
China 1 contribution 262 visits
From the perspective of anti-unfair competition law, Feiyi Company fictitiously increased the video visits of IQiYi’s website by technical means - the first case of inflating traffic on video websites in China. In recent years, the excessive pursuit of traffic in the Internet industry has (...)

The Hungarian Competition Authority fines several companies for price coordination through the use of online cash registers (IPSZOI / PayPal)
Hungarian Competition Authority (Budapest)
Hungary 95 contributions 19905 visits
The competition supervision procedure initiated against PayPal has ended with the acceptance of commitments* The Gazdasági Versenyhivatal (the Hungarian Competition Authority, GVH) accepted the commitments of the online payment method provider, PayPal. On the basis of the commitments, the (...)

The Dusseldorf Higher Regional Court overturns the Competition Authority’s prohibition of narrow best price clauses (Booking.com)
Van Bael & Bellis (Brussels)
Belgium 175 contributions 58689 visits
On 4 June 2019, the Higher Regional Court of Düsseldorf (the “Court”) ruled that narrow best price clauses are not anticompetitive and overturned the decision of the Federal Cartel Office (“FCO”) prohibiting Booking.com from using such clauses in contracts with hotel operators. ‘Narrow’ best (...)

The Düsseldorf Higher Regional Court quashes the Competition Authority’s decision and finds a most favoured nation clause compatible with antitrust law for a hotel booking platform (Booking.com)
Heinz & Zagrosek (Köln)
Germany 23 contributions 13205 visits
Booking.com’s "narrow" MFN clauses now also permissible in Germany, Court of Appeals rules* On June 4, 2019, the Düsseldorf Court of Appeal quashed the decision of the Federal Cartel Office (“FCO”) prohibiting Booking.com to operate so-called narrow most favored nation (MFN) clauses (or best (...)

The Hungarian Competition Authority fines a retailer for fixing the online retail prices of its products (Husqvarna Magyarország)
Hungarian Competition Authority (Budapest)
Hungary 95 contributions 19905 visits
The GVH imposes a fine of HUF 100 million on Husqvarna Magyarország Kft. for fixing the online retail prices of its products* The Gazdasági Versenyhivatal (the Hungarian Competition Authority, GVH) imposed a fine of HUF 111 million (approx. EUR 330 thousand) on Husqvarna Magyarország Kft. (...)

The UK Competition Authority launches an investigation into online gaming companies’ roll-over contracts
Simmons & Simmons (London)
United Kingdom 2 contributions 1029 visits
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Crowell & Moring (London)
United Kingdom 16 contributions 9868 visits
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Simmons & Simmons (London)
United Kingdom 7 contributions 7403 visits
The UK Competition and Markets Authority (CMA) announced on 05 April 2019 that it is launching an investigation into online gaming companies’ use of auto-renewal, cancellation, and refund policies in relation to online services. The investigation is being conducted using the CMA’s consumer (...)

The German Competition Authority publishes a paper summarizing its sector inquiry into online price comparison websites
Court of First Instance of Namur (Namur)
Belgium 224 contributions 47657 visits
On 4 February 2019, the German Federal Cartel Office (“FCO”) published a fifth paper in its series “Competition and Consumer Protection in the Digital Economy”. The paper summarizes the sector inquiry into online comparison websites in the travel, energy, insurance, telecommunications and (...)

The US District Court for the Southern District of Florida receives an antitrust claim against Bitcoin companies concerning alleged coordination to restrain trade (United American Corp / Bitmain)
Mondelez International (New Jersey)
United States 2 contributions 562 visits
The First Blockchain Antitrust Case. Or Is It?* Legal professionals paying close attention to the still nascent world of blockchains and cyptocurrencies are following what is considered to be the first antitrust case involving cryptocurrencies. For enthusiasts, United American Corp. v. (...)

The UK Competition Appeal Tribunal dismisses the appeal brought by a manufacturer of golf equipment on the liability of anticompetitive practices but permits a small reduction of the fine (Ping)
MemeryCrystal (London)
United States 12 contributions 3052 visits
UK LANDMARK COMPETITION CASE CONDEMNS ABSOLUTE INTERNET SALE BAN AS A SERIOUS BREACH OF COMPETITION LAW* Introduction The Competition Appeal Tribunal (“CAT”) handed down its judgment on 7 September 2018 in relation to an appeal by Ping Europe Limited (“Ping”) challenging the decision of (...)

The EU Commission fines manufacturers over €111 million for restricting the ability of online retailers to set their retail prices for a variety of widely-used consumer electronics products (Asus / Denon & Marantz / Philips / Pioneer)
Bona Law (San Diego)
United States 14 contributions 6389 visits
Antitrust News: The European Commission imposes fines for the first time in 15 years as a result of online retail price restrictions (RPM)* On July 24, 2018, the European Commission fined manufacturers Asus, Denon & Marantz, Philips and Pioneer for over €111 million for restricting the (...)

The EU Commission fines four leading consumer electronics manufacturers for fixing online resale prices (Asus / Denon & Marantz / Philips / Pioneer)
MemeryCrystal (London)
United States 12 contributions 3052 visits
EU COMMISSION FINES MAJOR CONSUMER ELECTRONICS MANUFACTURERS FOR FIXING ONLINE RESALE PRICES* On 24th July 2018 the EU Commission passed a decision to enforce the competition rules in yet another case involving the e-commerce sector. This time it fined a number of leading consumer (...)

The EU Commission fines four electronic manufacturers for fixing minimum resale prices for online retailers (Asus / Denon & Marantz / Philips / Pioneer)
K&L Gates (Boston)
United States 1 contribution 307 visits
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K&L Gates (Sidney)
Australia 3 contributions 778 visits
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K&L Gates (Boston)
United States 1 contribution 307 visits
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This article has been nominated for the 2019 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On 24 July 2018, in four separate decisions, the European Commission (“Commission”) levied fines totalling EUR 111 million on four well-known manufacturers of (...)

The EU Commission fines manufacturers of electronic goods for resale price maintenance (Asus / Denon & Marantz / Philips / Pioneer)
McDermott Will & Emery (Brussels)
Belgium 43 contributions 8111 visits
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McDermott Will & Emery (Paris)
France 136 contributions 68834 visits
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Norton Rose Fulbright (Brussels)
Belgium 38 contributions 7545 visits
Vertical restrictions, including resale price maintenance (RPM), have not generally been an EC enforcement priority over the last 10 years, but a series of rulings in July 2018 signalled a potential change in that trend. Although the EC considers RPM to be a “hardcore restriction” of (...)

The Frankfurt Higher Regional Court finds that a luxury perfume provider can prohibit unauthorized distribution over third-party websites (Coty Germany / Parfümerie Akzente)
McDermott Will & Emery (Brussels)
Belgium 43 contributions 8111 visits
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McDermott Will & Emery (Paris)
France 136 contributions 68834 visits
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Norton Rose Fulbright (Brussels)
Belgium 38 contributions 7545 visits
This judgment of the Higher Regional Court of Frankfurt/Main of 12 July 2018 applying the preliminary ruling of the CJEU of 6 December 2017 in the case Coty Germany GmbH v Parfümerie Akzente GmbH will reassure manufacturers of luxury products that they can protect such products from (...)

The Turkish Competition Authority publishes its revised Guidelines on vertical agreements
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 173 contributions 84424 visits
The Turkish Competition Authority (“Authority”) completed its work in progress on revising the Guidelines on Vertical Agreements (“Guidelines”) that was issued based on the Block Exemption Communiqué on Vertical Agreements (“Communiqué No. 2002/2”). It took approximately 2 years for the (...)

The Turkish Competition Authority launches a formal investigation to determine if undertakings have engaged in a price fixing agreement based on evidences collected in an on-the-spot inspection (Ortosistem / Medifarm / Benlioğlu Dental / Eksen / Medikodental / Uysal / Dnt / MD / Modern Ortodonti)
Erdem & Erdem (Istanbul)
Turkey 67 contributions 76057 visits
Introduction Decision numbered 18-09/157-77 and dated 29.03.2018 (“Decision”) of the Turkish Competition Board (“Board”) is critical with respect to evidence that has been obtained in on-the-spot investigations, because this is the first decision in which the Board had taken WhatsApp (...)

The Hamburg Higher Regional Court finds that a ban on selling products through online platforms can be justified if its objective is to preserve product image and ensure personal consultation with customers in the light of the Coty judgment (Aloe2Go)
McDermott Will & Emery (Brussels)
Belgium 43 contributions 8111 visits
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McDermott Will & Emery (Paris)
France 136 contributions 68834 visits
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Norton Rose Fulbright (Brussels)
Belgium 38 contributions 7545 visits
The Higher Regional Court of Hamburg had the opportunity to establish a position regarding potential restrictions of competition in selective distribution arising out of bans on selling products through eBay and similar platforms. The Higher Regional Court referred to recent case law of the (...)

The Dusseldorf Higher Regional Court finds that sellers of high-quality cosmetics cannot invoke exhaustion of rights under the EU Trademark Regulation if they have not presented the products in a way that avoids impairment of the brand’s reputation (Kanebo)
McDermott Will & Emery (Brussels)
Belgium 43 contributions 8111 visits
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McDermott Will & Emery (Paris)
France 136 contributions 68834 visits
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Norton Rose Fulbright (Brussels)
Belgium 38 contributions 7545 visits
The Higher Regional Court of Düsseldorf decided that neither online nor offline sellers can invoke exhaustion of rights under Article 15(1) of the EU trademark regulation if they sell high-quality, prestigious cosmetic products without appropriate presentation to avoid impairment of (...)

The German Competition Authority allows a company to launch an online trading platform for steel products (Klöckner)
German Competition Authority (Bonn)
Germany 458 contributions 117238 visits
Klöckner allowed to launch digital platform for steel products* The Bundeskartellamt has no objections to plans by Klöckner & Co SE, Duisburg to set up the business to business online trading platform "XOM Metals" for the sale of steel products. After talks with the Bundeskartellamt, (...)

The German Competition Authority launches a sector inquiry into market conditions in the online advertising sector
German Competition Authority (Bonn)
Germany 458 contributions 117238 visits
Bundeskartellamt launches sector inquiry into market conditions in online advertising sector* The Bundeskartellamt has launched a sector inquiry into the online advertising sector. Andreas Mundt, President of the Bundeskartellamt: "Online advertising has experienced an extraordinarily high (...)

The German Federal Court of Justice confirms that a general prohibition for retailers to use price comparison engines is illegal (Asics)
German Competition Authority (Bonn)
Germany 458 contributions 117238 visits
ASICS dealers allowed to use price comparison engines - Federal Court of Justice confirms Bundeskartellamt’s decision* In its decision of 12 December, 2017, published on 19 January, 2018, the Federal Court of Justice decided that ASICS may not forbid its dealers from using price comparison (...)

The EU Court of Justice holds that suppliers of luxury goods may under certain conditions restrict authorised retailers in a selective distribution system not to sell their goods via third-party online platforms to preserve their products’ ‘luxury image’ (Coty Germany / Parfümerie Akzente)
Hogan Lovells (Munich)
Germany 65 contributions 25613 visits
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European Court of Justice (Luxembourg)
Luxembourg 4 contributions 2862 visits
I. Introduction On 6 December 2017, the European Court of Justice (ECJ) handed down its long-awaited judgment on the permissibility of restrictions by suppliers of luxury goods to sell their products via third-party online platforms under Article 101 (1) TFEU. The question has been subject (...)

The EU Court of Justice rules in favour of restrictions on the use of platforms in a selective distribution system (Coty Germany / Parfümerie Akzente)
King’s College (London)
United Kingdom 13 contributions 9460 visits
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Willkie Farr & Gallagher (Brussels)
Belgium 4 contributions 2745 visits
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Solarisbank AG (Berlin)
3 contributions 1525 visits
This article considers how much the Coty Ruling has shed light on the extent to which a manufacturer can restrict the sales of its products over online platforms, especially in the wake of the recent German Case involving ASICS and basic principles developed at EU level to assess obligations (...)

The German Competition Authority launches a sector inquiry into online price comparison websites
German Competition Authority (Bonn)
Germany 458 contributions 117238 visits
Bundeskartellamt launches sector inquiry into comparison websites* The Bundeskartellamt has launched a sector inquiry into "online price comparison websites". Andreas Mundt, President of the Bundeskartellamt: "Every day millions of consumers gather information by using price comparison (...)

The French Supreme Court refers a case regarding an online sales ban back to the Paris Court of Appeal without waiting for an upcoming ruling of the EU Court of Justice on a similar case (Caudalie / eNova Santé)
Van Bael & Bellis (Brussels)
Belgium 175 contributions 58689 visits
On 13 September 2017, the French Supreme Court ordered the Paris Court of Appeal to rehear a case for failing to sufficiently substantiate its finding that an obligation in Caudalie’s selective distribution system constituted a probable restriction of competition by object. In the selective (...)

The US District Court for the Southern District of Texas files an information due to conspiracy to fix the prices in the silicone wristbands and lanyards sector (Zaappaaz)
McDermott Will & Emery (Washington)
United States 36 contributions 6244 visits
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Milbank (London)
United Kingdom 21 contributions 12408 visits
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McDermott Will & Emery (Dusseldorf)
Germany 17 contributions 6744 visits
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Azim Makanojiya founded Zaappaaz Inc. as a nineteen-year-old university student and quickly turned it into a multi-million dollar business. WHAT HAPPENED: On Tuesday, August 7, online retailer Zaappaaz Inc. and its twenty-nine-year-old president and founder, Azim Makanojiya, agreed to plead (...)

The US DoJ announces that an e-commerce company and its president have agreed to plead guilty to participating in a price fixing conspiracy (Zaappaaz)
Jones Day (San Francisco)
United States 6 contributions 3271 visits
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Farmer Brownstein Jaeger (San Francisco)
United States 6 contributions 2180 visits
Background Texas-based e-commerce company Zaappaaz, Inc.—doing business as WB Promotions, Inc., Wrist-Band.com, and Customlanyard.net—and its president both agreed to plead guilty to conspiring to fix prices for customized promotional products sold online in the United States, including (...)

The EU Advocate General Wahl holds that suppliers of luxury goods may prohibit their authorized retailers from selling their goods via third-party internet platforms (Coty Germany)
De Gaulle, Fleurance & Associés (Paris)
France 4 contributions 568 visits
Advocate General Wahl Delivers Opinion on Legality of Bans on Online Sales via Third-Party Platforms in Selective Distribution Systems* According to Advocate General Nils Wahl’s opinion, delivered on July 26, in the Court of Justice of the European Union’s (CJEU) case Coty Germany GmbH v (...)

The French Competition Authority launches a public consultation as part of its current sector-specific inquiry on online advertising
French Competition Authority (Paris)
France 748 contributions 411300 visits
Online advertising* As part of its current sector-specific inquiry on online advertising, the Autorité de la concurrence has launched a public consultation in order to collect stakeholder comments on several points. Stakeholders are asked to reply to the questionnaire sent out by the (...)

The EU Commission issues a final report on its e-commerce sector inquiry and updates its digital single market plans
Norton Rose Fulbright (Brussels)
Belgium 32 contributions 14223 visits
EU issues final report on its e-commerce sector inquiry and updates its digital single market plan* On May 10, 2017, the European Commission published the final report on its sector inquiry on competition in the e-commerce sector (the E-Commerce Report) and a mid-term review of its digital (...)

The EU Commission issues its final report on the e-commerce sector
European Commission - DG COMP (Brussels)
Belgium 1368 contributions 2945645 visits
Antitrust: Commission publishes final report on e-commerce sector inquiry* The European Commission’s final report on the e-commerce sector inquiry identifies business practices that may restrict competition. It allows the Commission to target its enforcement of EU antitrust rules in (...)

The EU Commission publishes its final report on the e-commerce sector inquiry
Shearman & Sterling (London)
United Kingdom 3 contributions 1127 visits
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European Court of Justice (Luxembourg)
Luxembourg 15 contributions 40598 visits
The European Commission has published, on 10 May, its final report on the E- commerce Sector Inquiry (the “Final Report”). The Commission launched the E-commerce Sector Inquiry in May 2015 in the context of its Digital Single Market (“DSM”) strategy, aiming to ensure better access for (...)

The EU Commission publishes its final report on the inquiry into the e-commerce sector
Dentons (Berlin)
Belgium 6 contributions 5421 visits
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DLA Piper (London)
United Kingdom 2 contributions 425 visits
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DLA Piper (Amsterdam)
Netherlands 1 contribution 370 visits
On 10 May 2017, DG Competition of the European Commission (the "Commission") published its final report on the inquiry into the e-commerce sector (launched in May 2015 as part of the Digital Single Market strategy). The findings in the report are based on information gathered from 1,900 (...)

The EU Commission publishes its final report on the e-commerce sector inquiry
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 20 contributions 12722 visits
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 69 contributions 33349 visits
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 40 contributions 14371 visits
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On 10 May 2017, two years after launching its e-commerce sector inquiry on 6 May 2015, the European Commission published its final report (Final Report) on the inquiry. The inquiry was opened in the framework of the Commission’s broader Digital Single Market strategy, which was aimed at (...)

The EU Commission publishes its final e-commerce sector inquiry report
Van Bael & Bellis (Brussels)
Belgium 175 contributions 58689 visits
On 10 May 2017, the European Commission (“Commission”) published its final Report on the e-commerce sector inquiry (“the Report”), aimed at identifying business practices in the sector that might restrict competition and limit consumer choice. The Report consists of two documents: (i) a (...)

The EU Commission accepts commitments to remove most favoured nation clauses from e-book distribution agreements (Amazon)
Van Bael & Bellis (Brussels)
Belgium 175 contributions 58689 visits
On 4 May 2017, the European Commission (“Commission”) announced that it had accepted, pursuant to Article 9 of Regulation (EC) No.1/2003, to make binding commitments that Amazon offered ending the use of parity clauses in distribution agreements with electronic book (“e-book”) publishers. (...)

The Dusseldorf Higher Regional Court confirms that a general prohibition for retailers to use price comparison engines violates competition law (Asics)
German Competition Authority (Bonn)
Germany 458 contributions 117238 visits
Düsseldorf Higher Regional Court confirms Bundeskartellamt’s decision on prohibition of use of price comparison engines* Yesterday the Düsseldorf Higher Regional Court confirmed the Bundeskartellamt’s decision of principle against the running shoes manufacturer Asics. According to the (...)

The UK Competition Authority publishes preliminary findings on price comparison websites
Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 41 contributions 40298 visits
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 27 contributions 8954 visits
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Latham & Watkins (London)
United Kingdom 10 contributions 13136 visits
In September 2016, the Competition and Markets Authority (“CMA”) launched a Market Study into digital comparison tools (“DCTs”). On March 28, 2017, the CMA published an update on the Market Study setting out its preliminary findings and areas of focus for the second part of the Market Study. (...)

The EU Commission opens three investigations into suspected cartels in the e-commerce sector (Asus / Denon & Marantz / Philips / Pioneer)
European Commission - DG COMP (Brussels)
Belgium 1368 contributions 2945645 visits
Antitrust: Commission opens three investigations into suspected anticompetitive practices in e-commerce* The European Commission has launched three separate investigations to assess if certain online sales practices prevent, in breach of EU antitrust rules, consumers from enjoying (...)

The Madrid Commercial Court dismisses a lawsuit for unfair competition stating that a platform that focuses exclusively on private transport is not subject to transportation regulations (Confebus / Blablacar)
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 47355 visits
A First Instance Commercial Court dismisses the lawsuit filed against Blablacar for unfair competition stating that Blablacar is a platform that focuses exclusively on private transport and is therefore not subject to transportation regulations (Judgement of the Commercial Court of 2 February (...)

The Turkish Competition Authority concludes its investigation against an online booking platform (Booking.com)
Erdem & Erdem (Istanbul)
Turkey 67 contributions 76057 visits
Introduction The Competition Board (“Board”) concluded its investigation with regard to the booking services provided by Booking.com B.V. (“Booking.com”) and by Bookingdotcom Destek Hizmetleri Limited Liability Company. During its investigation, the Board has evaluated whether Articles 4 and 6 (...)

The EFTA Surveillance Authority investigates members of the Norwegian banking sector for suspected breaches of competition rules (DNB / Nordea / Finance Norway / BankID)
EFTA Surveillance Authority (Brussels)
Belgium 141 contributions 28930 visits
ESA investigates DNB, Nordea, Finance Norway and BankID* The EFTA Surveillance Authority (ESA) has opened proceedings against DNB, Nordea, Finance Norway and BankID for suspected breaches of the competition rules in the EEA Agreement. Bits, a related organisation to Finance Norway, will also (...)

The US Court of Appeals for the Seventh Circuit considers potential discrimination between taxis and transportation network providers (Illinois Transport Association / City of Chicago)
Polish Academy of Sciences (Warsaw)
Poland 7 contributions 2623 visits
Sharing and traditional economy: matter of substitutability ... between cats and dogs?* Sharing economy firms are disrupting traditional industries across the globe. As Tom Goodwin once put it: “Uber, the world’s largest taxi company, owns no vehicles. Facebook, the world’s most popular (...)

The Dutch Competition Authority launches a market inquiry into online platforms
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 212 contributions 36845 visits
Taking a closer look at online video platforms* The Netherlands Authority for Consumers and Markets (ACM) has launched a market study into online platforms that offer videos and movies. Think of YouTube and Facebook, but also Dutch platforms such as NL-ziet and Dumpert. "We will be taking (...)

The EU Commission publishes the initial findings of its e-commerce sector inquiry
White & Case (Brussels)
Belgium 35 contributions 13586 visits
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Hogan Lovells (Brussels)
Belgium 21 contributions 8966 visits
European Commission’s e-commerce sector inquiry - increasing anti-trust heat* Online sales are not only attracting the attention of consumers and tech businesses, but also increased review by antitrust regulators. On 15 September 2016, the European Commission published a detailed 290 page (...)

The EU Commission publishes initial findings of e-commerce sector inquiry report
Bydgoszcz University of Technology and Life Sciences (UOKIK)
Poland 2 contributions 4203 visits
On 15 September 2016, the European Commission published a preliminary report on its initial findings in the e-commerce sector inquiry, aimed at identifying business practices in the sector that might restrict competition and limit consumer choice. This development follows the Commission’s (...)

The UK Competition Authority fines a company specialized in online sales of posters and frames for agreeing not to undercut a rival, the rival was granted immunity for reporting the cartel (Trod /GB eye)
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105170 visits
CMA issues final decision in online cartel case* The CMA has today issued a formal decision that 2 online sellers of posters and frames broke competition law. This follows the announcement on 21 July 2016 that Trod Ltd had admitted agreeing with GB eye Ltd (trading as ‘GB Posters’) that (...)

The UK Competition Authority fines online retailers for using automated repricing software to implement an illegal cartel (Trod / GB Posters)
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105170 visits
Online seller admits breaking competition law* An online seller has agreed to accept a fine after admitting using automated repricing software to implement an illegal cartel. Trod Limited has admitted agreeing with one of its competing online sellers, GB eye Limited (trading as ‘GB (...)

The German Competition Authority declares that certain online banking rules violate EU and German competition law (Deutsche Kreditwirtschaft)
German Competition Authority (Bonn)
Germany 458 contributions 117238 visits
Restriction of online payment services by German banking industry in violation of competition law* The Bundeskartellamt has declared certain rules in the online banking conditions of the German Banking Industry Committee (Deutsche Kreditwirtschaft) as illegal. The authority holds the view (...)

The French Competition Authority gathers informations to assess data processing in the on-line advertising sector
French Competition Authority (Paris)
France 748 contributions 411300 visits
The Autorité de la concurrence begins, at its own initiative, gathering information in order to assess data processing in the on-line advertising sector* The Autorité has decided, at its own initiative, to gather information with a view to assessing competition in the internet advertising (...)

The Lithuanian Supreme Administrative Court confirms that 29 travel agencies breached antitrust rules to limit discounts for travel packages (Eturas)
Van Bael & Bellis (Brussels)
Belgium 391 contributions 95491 visits
On 4 May 2016, the Lithuanian Supreme Administrative Court (“Lithuanian Supreme Court”) confirmed that 29 travel agencies had breached antitrust rules when using an online booking system to limit discounts for travel packages. This judgment follows the ruling handed down by the Court of (...)

The Frankfurt Court of Appeal submits preliminary reference on how to treat bans on sales via third-party internet platforms in selective distribution systems (Coty Germany)
Heinz & Zagrosek (Köln)
Germany 23 contributions 13205 visits
Ban on sales via third-party internet platforms in Germany and Pierre Fabre – recent referral to the Court of Justice* The question of how to treat bans on sales via third-party internet platforms in selective distribution systems and the impact of the Court of Justice’s Pierre Fabre ruling (...)

The Frankfurt Court of Appeal submits preliminary reference on how to treat bans on sales via third-party internet platforms in selective distribution systems (Coty Germany)
Reed Smith (Brussels)
Belgium 1 contribution 375 visits
European Court of Justice to Rule on Legality of Online Sales Bans*An appeal court in Frankfurt has asked the European Court of Justiceto clarify the application of the competition rules to online sales. The Frankfurt court made its request in the context of a dispute between a leader in (...)

The Swedish Competition Authority closes investigation into the online platform market for food delivery after the dominant firm voluntarily modifies its contractual terms (OnlinePizza)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220789 visits
The Swedish Competition Authority closes investigation into the Online platform market for food delivery after OnlinePizza voluntary changed its contractual terms* OnlinePizza Norden AB (OnlinePizza) is the leading online platform for food delivery in Sweden with about 1,200 affiliated (...)

The EU Commission presents its initial findings on geo-blocking with respect to consumer goods in an e-commerce sector inquiry
Van Bael & Bellis (Brussels)
Belgium 391 contributions 95491 visits
On 18 March 2016, the European Commission published its initial findings of its sector inquiry into the e-commerce sector in relation to geo-blocking practices. The Commission de nes geo-blocking as commercial practices whereby online providers prevent users from accessing and purchasing (...)

The German Competition Authority opens proceedings in the audiobooks market (Apple / Amazon)
German Competition Authority (Bonn)
Germany 458 contributions 117238 visits
Bundeskartellamt opens proceedings against Audible/Amazon and Apple* The Bundeskartellamt has initiated administrative proceedings against the Amazon subsidiary Audible.com and Apple Computer Inc. The companies have a long-term agreement on the purchase of audiobooks by Apple from Audible (...)

The OECD holds a roundtable on competition and cross platform parity agreements
OECD - Competition Division (Paris)
France 313 contributions 1449522 visits
Executive summary, by the Secretariat * From the discussion at the hearing, the delegates’ and experts’ written submissions, several key points have emerged: 1. There is increasing concern at online platforms using across platform parity agreements (APPAs) that prevent producers from (...)

The Hellenic Competition Authority decides to not launch investigation in hotel market (Booking.com / Expedia)
Hellenic Competition Commission (Athens)
Greece 132 contributions 18635 visits
HCC decides not to proceed with a formal investigation into BOOKING & EXPEDIA’s cooperation agreements with hotel businesses in Greece * The Hellenic Competition Commission (HCC) reviewed the revised parity terms in the agreements between online travel agencies (OTAs) BOOKING.COM and (...)

The UK Competition Authority closes its hotel online booking investigation (IHG / Expedia / Booking.com)
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105170 visits
CMA closes hotel online booking investigation* The CMA today announced that it has closed an investigation into suspected breaches of competition law in the hotel online booking sector. The investigation was launched by the Competition and Markets Authority’s (CMA) predecessor, the Office (...)

The German Competition Authority condemns a manufacturer of running shoes for restricting the online sale activities of small and medium-sized authorised dealers (Asics)
German Competition Authority (Bonn)
Germany 458 contributions 117238 visits
Unlawful restriction of online sales of ASICS running shoes* The Bundeskartellamt has concluded its proceeding on anti-competitive clauses in the distribution system of ASICS Deutschland. The authority accuses ASICS of having restricted the online sales activities of small and medium-sized (...)

The EU Court of Justice Advocate General Szpunar issues opinion on circumstances where the use of an online booking system by travel agents may amount to a concerted practice (Eturas)
Ashurst (Milan)
Italy 103 contributions 30350 visits
EU Court of Justice’s Advocate General issues opinion on circumstances where the use of an online booking system by travel agents may amount to a concerted practice* On 16 July 2015 Advocate General Szupnar handed down his opinion following a request for a preliminary ruling by the Court of (...)

The Polish Competition Authority accepts commitments concerning the online sales of prams and strollers (Emmaljunga)
Hansberry Tomkiel (Warsaw)
Poland 6 contributions 1189 visits
In its decision no RGD 2/2015 of 30th June 2015 (the “Decision”), the Polish Office for Competition and Consumer Protection (“Competition Authority”) accepted commitments proposed by the Poland-based company “Investment Trading Consulting” (“Company”), Polish exclusive distributor of prams and (...)

The EU Court of Justice and several National Competition Authorities adopt decisions regarding Most Favoured Nation clauses and rebate schemes that are relevant and applicable in the context of ASEAN competition law (Booking.com / Post Danmark)
Rajah & Tann (Singapore)
Singapore 6 contributions 4691 visits
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8 contributions 5203 visits
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K&L Gates (Washington)
United States 1 contribution 613 visits
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This article has been nominated for the 2016 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Introduction As we move into the second half of the year, we examine two recent competition enforcement cases in Europe, and consider their relevance and (...)

The Italian Competition Authority issues a commitment decision and closes an investigation regarding contracts concluded between an online booking website and its partner hotels (Booking.com)
Municipality of Cagliari
168 contributions 134428 visits
By a commitment decision made on 21 April 2015 in the Mercato dei Servizi Turistici-Prenotazione Alberghiere Online case (thereinfter Online Hotel Reservation) the Italian Competition Authority (ICA) has closed an Article 101 TFEU investigation against Booking. The ICA has launched the (...)