IT & Dominance

Dominance

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

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

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

The EU General Court overturns the Commission’s decision to fine a semiconductor chip manufacturer €1.06 billion for abusing its dominant position (Intel)
Shearman & Sterling (Brussels)
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Shearman & Sterling (London)
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Shearman & Sterling (London)
On 26 January 2022 the General Court (GC) issued its latest judgment in the Intel case, faulting fundamental aspects of the Commission’s original decision almost 13 years prior. The judgment’s findings are promising for pending cases appealing similar issues, including the application of the “as (...)

The EU Court of Justice annuls a Commission’s landmark decision fining a semiconductor company €1.06 billion for abuse of dominant position (Intel)
Jones Day (Brussels)
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Jones Day (Frankfurt)
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Jones Day (Brussels)
The EU General Court ("GC") annulled the European Commission’s €1.06 billion antitrust fine imposed on Intel in 2009 for allegedly abusing its dominant position in x86 Central Processing Units ("CPUs") by offering loyalty rebates to customers, excluding competitors such as AMD. The GC held that (...)

The EU General Court confirms the critical role of robust economic analysis in abuse of dominance cases (Intel)
Oxera (London)
After more than two decades, the Intel saga may have finally ended with the General Court’s judgment of 26 January 2022. The judgment—which had at its core the use of the ‘as-efficient competitor’ test in the context of loyalty rebates―confirms the critical role of robust economic analysis in abuse (...)

The EU General Court annuls a Commission’s decision finding that rebates granted by a large semiconductor chip manufacturer resulted in an abuse of dominance (Intel)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
In a judgment issued today, the General Court of the European Union has annulled the part of the EU Commission’s decision of 13 May 2009 finding that rebates granted to Intel’s major OEM customers infringed Article 102 TFEU. The Court also annulled the fine of € 1.06 billion imposed on Intel. The (...)

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

The EU General Court annuls a fine of EUR 1.06M against a semiconductor chip manufacturing company based on economic evidence (Intel)
De Brauw Blackstone Westbroek (Amsterdam)
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De Brauw Blackstone Westbroek (Amsterdam)
Three’s a charm for Intel: On judicial review of economic evidence to rebut a legal presumption* In 2009, the European Commission imposed what was then a record-breaking fine of EUR 1.06 billion on Intel for abuse of dominance. Intel’s initial action for annulment was dismissed by the General (...)

The EU General Court annuls most of the Commission’s decision to impose a fine of € 1.06 billion on a semiconductor company for abuse of dominance on the global market for x86 processors (Intel)
Van Bael & Bellis (Brussels)
General Court overturns Commission’s Intel decision On 26 January 2022, the General Court of the European Union annulled most of the decision of the European Commission (“Commission”), which had imposed a fine of € 1.06 billion on Intel for having abused its dominant position on the worldwide (...)

The EU General Court partially annuls the Commission’s decision to impose a €1.06 billion fine on a semiconductor chip manufacturer for its abuse of dominant position (Intel)
Ashurst (London)
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Ashurst (London)
On 26 January 2022, the General Court ("GC") partially annulled the European Commission’s decision to impose a EUR 1.06 billion fine on Intel for abusing its dominant position ("Decision"). The fine was annulled in full. Applying the principles outlined in the European Court of Justice’s ("ECJ") (...)

The EU General Court annuls the Commission’s decision that a semiconductor chip manufacturer had abused its dominant position and the Commission’s imposition of a €1.06 billion fine (Intel)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
On January 26, 2022, the EU General Court (the Court) annulled the European Commission’s (the Commission) decision that Intel had abused its dominant position regarding its x86 central processing unit (CPU) computer chips and the imposition of a €1.06 billion fine. The judgment demonstrates that (...)

The EU Commission publishes its final report closing the sector inquiry on the consumer ’Internet of Things’
Portolano Cavallo (Milan)
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Portolano Cavallo (Milan)
On January 20, 2022, the European Commission (“Commission”) published its final report closing the sector inquiry launched in July 2020 on the consumer Internet of Things (“IoT”). The report gives an overview of trends and competition issues in the European landscape. It is based on answers (...)

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

The German Competition Authority announces that the world’s biggest search engine and its holding company are subject to an extended abuse control by the Authority (Google / Alphabet)
German Competition Authority (Bonn)
Alphabet/Google subject to new abuse control applicable to large digital companies – Bundeskartellamt determines “paramount significance across markets”* The Bundeskartellamt has delivered its decision that Alphabet Inc., Mountain View, USA, and therefore also its subsidiary Google, is subject to (...)

The German Competition Authority designates a parent company of a Big Tech company as an undertaking of paramount significance for competition across markets (Google / Alphabet)
Technical University of Applied Sciences Wildau
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Hausfeld (Berlin)
On 30 December 2021, the German Bundeskartellamt (Federal Cartel Office, “FCO”) designated Alphabet Inc., parent company of Google, (“Google”) as an ‘undertaking of paramount significance for competition across markets’. The FCO is now considering whether to prohibit particular anti-competitive (...)

The Dutch Competition Authority orders a Big Tech company to adjust the unreasonable conditions in its app store that forbids dating app providers to choose freely a payment system for purchases made in the apps by consumers (Apple)
Netherlands Authority for Consumers & Markets (ACM) (The Hague)
ACM obliges Apple to adjust unreasonable conditions for its App Store* The Netherlands Authority for Consumers and Markets (ACM) has ordered Apple to adjust the unreasonable conditions in its App Store that apply to dating-app providers. Dating-app providers are currently not able to choose (...)

The French Competition Authority submits for public consultation the proposed commitments of a major Big Tech company (Google)
French Competition Authority (Paris)
Google proposes commitments as part of the investigation into the merits of the related rights case. The Autorité submits them for public consultation* Background Following on from the interim procedure that led to the adoption of interim measures in April 2020, the Autorité continued its (...)

The UK Competition Authority publishes a market study accusing two Big Tech companies of creating a duopoly in the market for mobile devices (Apple / Google)
Hausfeld (London)
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Hausfeld (London)
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Hausfeld (London)
Mobile devices, and the ecosystem of products, content, and services associated with them, are already central to our lives. The fundamental importance of these ecosystems, which are international in scope, is only set to increase, as the network of connected products and services extends into (...)

The Italian Competition Authority imposes a record fine of over €1 billion as well as behavioral remedies on an e-commerce company for abusing its dominant position through engaging in discriminatory practices and denying third-party sellers access to certain sales prospects crucial to increasing their visibility on its website (Amazon)
Luiss Guido Carli University (Rome)
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Luiss Guido Carli University (Rome)
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Luiss Guido Carli University (Rome)
The case concerned a number of companies within the Amazon group (hereafter “Amazon”), including: a) Amazon Europe Core S.r.l., with legal domicile in Luxembourg, which is the company of the Amazon group responsible for the management of the websites of Amazon’s European marketplaces and owner of (...)

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

The Italian Competition Authority fines a Big Tech company €1.128 billion for abuse of dominance by making exclusive advantages for its online marketplace conditional upon the purchase of its logistics services (Amazon)
Portolano Cavallo (Milan)
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Portolano Cavallo (Milan)
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Portolano Cavallo (Milan)
On December 9, 2021, the Italian competition authority (the “ICA” or “AGCM”) has levied its highest ever administrative fine—€1.128 billion—on Amazon Europe Core S.à r.l., Amazon Services Europe S.à .r.l., Amazon EU S.à r.l., Amazon Italia Services S.r.l., and Amazon Italia Logistica S.r.l. (...)

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

The EU General Court upholds a €2.42B fine imposed on a Big Tech company and dismisses an appeal against the Competition Authority’s decision (Google Shopping)
Technical University of Applied Sciences Wildau
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Ashurst (London)
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Hausfeld (London)
The General Court has today dismissed Google’s appeal of the European Commission’s Google Shopping Decision from June 2017 and has upheld the EUR 2.42 billion fine imposed on Google – a record fine at the time. The General Court agreed with the European Commission’s finding (in its vast majority) (...)

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

The EU General Court confirms that “self-preferencing” by a Big Tech company can infringe Article 102 TFEU (Google Shopping)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
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Toyota
On 10 November 2021, the European General Court (“EGC” or “Court”) delivered its landmark Google Shopping judgment, the first judicial pronouncement on “self-preferencing” as a viable theory of harm under Article 102 TFEU. The EGC fully endorsed the European Commission’s (“Commission”) decision that (...)

The EU General Court largely dismisses a Big Tech company’s appeal against the Commission’s decision finding it had abused its dominant position by favoring its own comparison shopping service (Google Shopping)
General Court of the European Union (Luxembourg)
The General Court largely dismisses Google’s action against the decision of the Commission finding that Google abused its dominant position by favouring its own comparison shopping service over competing comparison shopping services* The General Court upholds the fine of €2.42 billion imposed on (...)

The Australian Competition Authority releases its third digital platform services inquiry interim report and proposes that it be given the power to develop and implement a mandatory search engine choice screen in web browsers (Google)
Australian Competition and Consumer Commission (Canberra)
Benefits from more competition in internet search* Measures addressing Google’s dominance in search engine services, including a choice screen that provides consumers with a selection of search engines, should be introduced in Australia, as set out in the ACCC’s third Digital Platform Services (...)

The Turkish Competition Authority issues interim measures against a leading marketplace platform for its use of algorithms and third party data to achieve self-preferencing (Trendyol)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
This case summary includes an analysis of the Turkish Competition Board’s (“Board”) Trendyol Interim Measure decision in which the Board, upon the findings of its preliminary investigation, determined that DSM Grup Danışmanlık İletişim ve Satış Ticaret A.Ş.’s (“Trendyol”) use of algorithms and handling (...)

The US Court of Appeals for the Ninth Circuit dismisses the class action brought on behalf of indirect purchasers alleging that a chip manufacturer abused its dominant position by refusing to sell chips to manufacturers that did not pay above-market royalty rates to license its patents (Qualcomm / Stromberg)
Hausfeld (Washington)
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Hausfeld (San Francisco)
On September 29, 2021, the Ninth Circuit vacated the class certification order in Stromberg et al. v. Qualcomm, an antitrust class action brought on behalf of indirect purchasers alleging that Qualcomm monopolized the market for modem chips by refusing to sell chips to manufacturers that did (...)

The Australian Competition Authority publishes a report on advertising technology and identifies significant competition concerns namely due to a Big Tech company’s dominance of the sector (Google)
Australian Competition and Consumer Commission (Canberra)
Google’s dominance in ad tech supply chain harms businesses and consumers* An ACCC inquiry into the advertising technology (or ‘ad tech’) sector has identified significant competition concerns and likely harms to publishers, advertisers, and, ultimately, consumers. The report, published today, (...)

The Russian Competition Authority issues a warning to a Big Tech company after receiving complaints that the company prohibits informing clients about the alternative payment methods in the App Store applications (Apple)
Russian Federal Antimonopoly Service (Moscow)
FAS Russia issued a warning to Apple* The company prohibits informing clients about the alternative payment methods in the App Store applications The FAS Russia received complaints from users of iOS devices and application developers. They note that in some cases it is cheaper to buy a (...)

The Australian Competition Authority reiterates the need for additional regulation to address concerns about the dominance of digital platforms
Baker McKenzie (Sydney)
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Baker McKenzie (Sydney)
ACCC continues its focus on technology and digital platforms The ACCC has reiterated the need for additional regulation to address concerns about the dominance of digital platforms. On 19 August 2021, in a speech to the Global Competition Review Webinar about the ACCC’s digital platforms (...)

The US FTC files an amended complaint against a social media company alleging it resorted to an illegal buy-or-bury scheme to crush competition after a string of failed attempts to innovate (Facebook)
US Federal Trade Commission (FTC) (Washington)
FTC Alleges Facebook Resorted to Illegal Buy-or-Bury Scheme to Crush Competition After String of Failed Attempts to Innovate* Agency’s amended complaint details how the monopolist survived existential threats by illegally acquiring innovative competitors and burying successful app developers. (...)

The Spanish Competition Authority publishes a study about the online advertising sector in which it identifies competition concerns
Bird & Bird (Madrid)
The Spanish Competition Authority (“CNMC”) has recently published a study about the online advertising sector in which it analyses the market competition conditions, with a stress on ‘big tech’ practices. The study mentions, among other things, some key factors to tackle the set of competition (...)

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

The Chinese State Administration for Market Regulation launches public consultations on its proposed amendments to administrative sanctions for price-related illegal activities with special focus on the digital sector
Herbert Smith Freehills (Hong Kong)
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Herbert Smith Freehills (Shanghai)
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Herbert Smith Freehills (Hong Kong)
The State Administration for Market Regulation (SAMR), China’s primary competition enforcement regulator, recently published a consultation draft of its amendments to the existing Provisions on Administrative Sanctions Against Price-related Illegal Activities on 2 July 2021 (the Provisions). The (...)

The Spanish Competition Authority launches an investigation into two Big Tech companies’ possible restrictive practices in the internet sales of electronic products (Apple / Amazon)
Callol, Coca & Asociados (Madrid)
On 1 July 2021, the CNMC announced an investigation against Apple and Amazon for possible restrictive practices in the Internet sales of electronic products and the provision of marketing services to third-party retailers through online platforms in Spain. The conduct under investigation (...)

The US District Court for the District of Colombia dismisses a case filed by the FTC against a Big Tech company due to the lack of plausible evidence that the company has monopoly power in the personal social networking services market (Facebook)
Bona Law (Detroit)
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Bona Law (San Diego)
Facebook Wins First Antitrust Battle: The FTC and State Enforcers Fail to Establish (For Now) Facebook’s Monopoly on Social Media Networks (with update)* In late 2020, the Federal Trade Commission (FTC) and the attorneys-general (AGs) from 48 states filed nearly identical antitrust lawsuits (...)

The US District Court for the District of Columbia grants motions to dismiss two parallel antitrust complaints filed by the FTC and a group of State AGs against a social media company for monopolization, with the FTC being allowed to file an amended complaint in 30 days (Facebook)
Skadden, Arps, Slate, Meagher & Flom (Washington)
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Skadden, Arps, Slate, Meagher & Flom (New York)
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Skadden, Arps, Slate, Meagher & Flom (New York)
On June 28, 2021, Judge James E. Boasberg of the U.S. District Court for the District of Columbia granted Facebook’s motions to dismiss two parallel antitrust complaints filed by the Federal Trade Commission (FTC) and a group of state enforcers. The complaints accused Facebook of illegally (...)

The Russian Competition Authority decides to add a football club as interested person in an abuse of dominance case against a Big Tech company in the market for video hosting services (Google / YouTube)
Russian Federal Antimonopoly Service (Moscow)
FAS reported involvement of new participant in Google case on YouTube blocking rules* On June 23, the first meeting of the Commission of the FAS Russia in the case of violation of antimonopoly law for abusing dominant market position in YouTube video hosting services took place During the (...)

The US Congress marks up 6 newly proposed antitrust bills aimed at reigning in alleged anticompetitive and monopolistic conduct by Big Tech companies
Bona Law (San Diego)
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Bona Law (Detroit)
Antitrust Political Developments: Biden Administration Issues Executive Order on Competition and Congress Proposes Six New Antitrust Bills* On June 23, the House Judiciary Committee marked up and reported favorably six new tech antitrust bills called to be a “historic package of bipartisan (...)

The Indian Competition Authority orders an investigation against a Big Tech company for imposing restrictive obligations on smart TV original equipment manufacturers (Google / Xiaomi / TCL)
Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (New Delhi)
The CCI directed an investigation against Google for alleged abuses in relation to its TV operating system, Android TV OS. The two Informants in the case alleged that Google had imposed restrictive obligations on smart TV original equipment manufacturers (OEMs) in breach of Section 4 of the (...)

The Indian Karnataka High Court dismisses petitions by 2 major online retailers challenging the probe ordered by the Competition Authority against them for alleged violations of Competition Law (Amazon / Flipkart)
Vaish Associates Advocates (New Delhi)
Amazon and Flipkart lose (first) battle against Antitrust probe -Karnataka High Court dismisses the writ petition against CCI prima facie order* So, is it the beginning of the end of the Amazon (and Flipkart’s) combined market dominance or, at least, their allegedly vertical anti-competitive (...)

The Russian Competition Authority adds a snack manufacturing company and an e-learning company as interested parties in a case against search engine platform’s abuse of dominance (Yandex)
Russian Federal Antimonopoly Service (Moscow)
New Stakeholders are involved in the consideration of the Yandex search results case* The company abuses of dominant position in the Internet search market and provides preferential conditions to its own services On June 9, 2021, during the meeting in the case, the applicants confirmed the (...)

The US State of New York Senate adopts the Twenty-First Century Antitrust Act to amend its state antitrust law
Cleary Gottlieb Steen & Hamilton (Washington)
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Cleary Gottlieb Steen & Hamilton (Washington)
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Cleary Gottlieb Steen & Hamilton (Washington)
The New York state Senate has passed the “Twenty-First Century Antitrust Act” (S. 933) to amend its state antitrust law, radically changing the risks of doing business in New York. It ostensibly aims at so-called “Big Tech,” but applies to all businesses, even those having very little contact with (...)

The US State of New York Senate adopts legislation prohibiting abuse of dominance and requiring new thresholds for the State’s pre-merger notification system
White & Case (Washington)
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White & Case (Washington)
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White & Case (Washington)
While Congress has been the epicenter of an ongoing antitrust debate—with US legislators on both sides of the aisle urging vast reforms—the New York State legislature is pursuing a state bill that would arguably ensnare more conduct and transactions in antitrust law’s web than anything proposed, (...)

The French Competition Authority accepts proposed settlement with a Big Tech company regarding online advertising practices and imposes a €220M fine for self-preferencing in the market for online display advertising (Google AdX / Google DoubleClick for Publishers)
European Commission - DG COMP (Brussels)
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Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
In a decision of 7 June 2021, the French Competition Authority (“FCA”) accepted a proposed settlement by Google LLC and Google Ireland Ltd (“Google”) with respect to certain online advertising practices. The decision also imposed a € 220 million fine on Google as it concluded that Google’s (...)

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

The Danish Competition Authority publishes a report on the nature of competition in the digital platforms’ market
Danish Competition and Consumer Authority (Copenhagen)
The Danish Competition and Consumer Authority publishes report on the nature of competition in markets with digital platforms* As still more of our economy and social activities move online, digital platforms – and competition in the markets on which these digital platforms operate – play an (...)

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

The UK Competition Authority investigates a social media company’s use of ad data (Facebook)
United Kingdom’s Competition Authority (CMA) (London)
CMA investigates Facebook’s use of ad data* The CMA is investigating whether Facebook might be abusing a dominant position in the social media or digital advertising markets through its collection and use of advertising data. Facebook login on a mobile and laptop screen The Competition and (...)

The German Competition Authority uses new rules for large digital players to examine a Big Tech company’s data processing terms (Google)
German Competition Authority (Bonn)
Proceeding against Google based on new rules for large digital players (Section 19a GWB) – Bundeskartellamt examines Google’s significance for competition across markets and its data processing terms* The Bundeskartellamt has today initiated two proceedings against Google Germany GmbH, Hamburg, (...)

The German Competition Authority uses new rules for large digital players to examine a Big Tech company’s online marketplace and its competition significance across markets (Amazon)
German Competition Authority (Bonn)
Proceedings against Amazon based on new rules for large digital companies (Section 19a GWB)* The Bundeskartellamt has today initiated a proceeding against Amazon based on the new rules for large digital companies. It is the second proceeding that the Bundeskartellamt has opened based on the (...)

The Danish Competition Appeals Tribunal upholds the Competition Authority’s decision stating that a print circulars distributor abused its dominant position (FK Distribution)
Danish Competition and Consumer Authority (Copenhagen)
Danish Competition Appeals Tribunal: FK Distribution has abused its dominant position* The Danish Competition Appeals Tribunal has upheld a June 2020 decision by the Danish Competition Council stating that FK Distribution abused its dominant position on the market for distribution of (...)

The Italian Competition Authority fines a Big Tech company for abusively locking a SatNav rival out of their app store (Google / Enel X)
Giannino SI (Monserrato)
By a decision handed down in the Google/Enel X case, the Italian Competition Authority (ICA) has fined Alphabet Inc., Google LLC and Google Italy Srl (hereinafter Google) for infringing Article 102 TFEU. Google bused its dominant position because not allowing the release of JuicePass, an app (...)

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

The Italian Competition Authority imposes a €102 million fine on a Big Tech company for abusing its dominant position by refusing to feature a competitor’s app on its digital platform (Google / Enel X)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 27 April 2021, the Italian Competition Authority (“ICA”) imposed a fine of over € 102 million on Alphabet Inc., Google LLC and Google Italy S.r.l. (collectively, “Google”) after concluding that Google had infringed Article 102 TFEU by refusing to include in Google’s own Android Auto app a third (...)

The Delhi High Court upholds the Competition Authority’s order directing an investigation into the privacy policy rolled out by a Big Tech company (WhatsApp)
Lakshmikumaran & Sridharan (New Delhi)
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Lakshmikumaran & Sridharan (New Delhi)
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Vahura (New Delhi)
KEY POINTS Mere pendency of some issues before the Hon’ble Supreme Court of India (“Supreme Court”), or any of the High Courts does not necessarily bar CCI from exercising jurisdiction otherwise vested with it under the Act. BRIEF FACTS Whatsapp LLC (“WhatsApp”) is the proprietor of the popular (...)

The Delhi High Court reviews the Competition Authority’s inquiry into a Big Tech company’s data privacy policy (WhatsApp)
Vaish Associates Advocates (New Delhi)
Delhi High Court Judgement on CCI Inquiry into WhatsApp’s new data privacy policy in India* While reporting on the initial media news in my earlier blog on the same topic published on 23 April 21 , I had promised to come back with a detailed reporting on the above judgment which was then not (...)

The Russian Competition Authority initiates proceedings against a Big Tech company for abuse of a dominant position in the market for video hosting services (Google / Youtube)
Russian Federal Antimonopoly Service (Moscow)
FAS initiated a case against Google LLC* According to the Authority, the company abuses its dominant position in the market of YouTube video hosting services The reason for the investigation was the application of the Regional Public Organization “Center for Internet Technologies” (ROCIT), (...)

The Spanish Competition Authority rejects the initiation of an infringement procedure against a Big Tech company and clarifies in its decision the criteria under which dominant companies can exclude certain clients from their services (Eurozener / Google)
CMS Albiñana y Suárez de Lezo (Madrid)
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CMS Albiñana y Suárez de Lezo (Madrid)
In recent years GOOGLE LLC (GOOGLE) has faced several infringement procedures before EU National Competition Authorities and the European Commission with regards to various claims of anticompetitive behavior in relation to abuse of its dominant position in European markets. Recently, GOOGLE (...)

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

The Chinese State Administration for Market Regulation and Shanghai SAMR issue two administrative decisions punishing two Internet platform companies for engaging in “either-or choice” practices on their in-platform merchants (Alibaba / Shanghai Food Paishi Trade Development)
King & Wood Mallesons (Beijing)
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Mintz Levin Cohn Ferris Glovsky and Popeo PC (New York)
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King & Wood Mallesons (Beijing)
A few days ago, the State Administration for Market Regulation (“SAMR”) and Shanghai Administration for Market Regulation (“Shanghai AMR”) successively issued two administrative decisions punishing two Internet platform companies for engaging in “either-or choice” practices (a type of exclusive (...)

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

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

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

The Italian Competition Authority proposes an extensive competition law reform
Van Bael & Bellis (Brussels)
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Hogan Lovells (Brussels)
On 23 March 2021, the Italian Competition Authority (“ICA”) submitted to the Italian Government a set of proposals to modify the Italian Competition Act (the “Proposal”). The Proposal concerns a wide range of areas, including the digital sector, certain network industries (e.g., port services and (...)

The Indian Gujarat High Court grants a stay on the Competition Authority’s interim order to re-list the properties of two hotel companies on several online hotel booking portals (MMT-Go / Treebo / FabHotels)
Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (Mumbai)
The CCI issued an interim order under Section 33 of the Competition Act directing MakeMy Trip India Pvt. Ltd. (MMT) and Ibibo Group Private Limited (Go-Ibibo) (together MMT-Go) to re-list properties of FabHotels and Treebo on their online hotel booking portals. This order was passed in the (...)

The French Competition Authority rejects the implementation of interim measures but continues to investigate a Big Tech company’s alleged abuse of a dominant position (Apple)
University Paris-Panthéon-Assas
On 23 October 2020, several associations representing various players of the online advertising sector filed a complaint before the French Competition Authority, alleging that Apple abused its dominance on the application distribution market for IOS devices by imposing on app developers (...)

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

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

The Czech Competition Authority publishes an annual report summarizing its significant activities in 2020 and outlining the agenda for 2021
Bird & Bird (Prague)
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Bird & Bird (Prague)
The Office for the Protection of Competition (“Office”) recently published an annual report summarizing its significant activities in 2020 and outlining the agenda for 2021. The most important areas are prohibited agreements, abuse of a dominant position and significant market power. In 2020, in (...)

The Paris Commercial Court rules that a Big Tech company should pay €1.27 million in antitrust damages for abuse of its dominant position in the online search advertising market (Oxone Technologies / Google)
Hausfeld (London)
Following a stand-alone claim filed by a directory enquiry services provider, the Paris Commercial Court ruled, on 10 February 2021, that Google holds a dominant position in the online search advertising market through Google Ads and abuses that position by setting up rules which are “neither (...)

The Paris Commercial Court imposes a €1.2 million fine on a Big Tech company for abuse of a dominant position against a telephone directory services company (Oxone Technologies / Google)
Addleshaw Goddard (Paris)
In the context of a stand-alone action – which falls under the new provisions resulting from the transposition of the Damages Directive – the Paris Commercial Court ruling at first instance orders Google to pay EUR 1,2 million in damages to Oxone, a telephone directory services company. Oxone (...)

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

The Indian Competition Authority dismisses allegations of abuse of dominance against a Big Tech company for integrating a video calling app into its email app, because email users were not forced to use the video app (Google Meet)
Lakshmikumaran & Sridharan (New Delhi)
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Lakshmikumaran & Sridharan (New Delhi)
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Lakshmikumaran & Sridharan (New Delhi)
KEY POINTS Merely adding more functionality to an internet-based app in the name of product improvement and enhancing benefit to consumers would not amount to leveraging dominance if the users are not compelled to utilize the new features to the exclusion of all other services offering similar (...)

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

The German Parliament adopts competition rules for tech platforms
Jones Day (Brussels)
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Jones Day (Frankfurt)
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Jones Day (Frankfurt)
In Short The Development: The Bundestag, the German legislature, amended Germany’s antitrust laws to include special competition rules for digital platform "companies with overwhelming importance for competition across multiple markets." The amendments, known as the GWB Digitization Act or ARC (...)

The German Parliament passes the 10th amendment of the German Act against Restraints of Competition
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 19 January 2021, the 10th Amendment of the German Act against Restraints of Competition (“ARC”) entered into force. The 10th Amendment, also referred to as the “Digitalisation Act”, introduces significant changes to German Competition Law. A previous issue of this newsletter (VBB on Competition (...)

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

The German Parliament publishes its 10th Amendment to the Act against Restraint of Competition, introducing a new regulatory framework for access to commercial data under antitrust law
Hogan Lovells (Hamburg)
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Hogan Lovells (Dusseldorf)
"The world’s most valuable resource is no longer oil, but data" (The Economist, 6.5.2017). This catchy (albeit not quite accurate) comparison is likely to take the leading position among modern digital markets truisms. It is therefore hardly surprising that the German legislator has been (...)

The German Parliament enters into force its 10th amendment of the act against restraints of competition bringing powers for intervention in digital markets and changing the merger control regime
Covington & Burling (Frankfurt)
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Seat (Weiterstadt)
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Covington & Burling (Brussels)
On 19 January 2021, the 10th amendment of the German Act against Restraints of Competition (“ARC”), the so-called ARC Digitisation Act (the “ARC-DA”) entered into force. The ARC-DA brings far-reaching amendments to German competition law, containing inter alia the introduction of a new framework to (...)

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

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

The US State of Colorado AG leads a multi-State lawsuit against a Big Tech company to end its monopoly in the online search market (Google)
Office of the Colorado State Attorney General (Denver)
Colorado Attorney General Phil Weiser leads multistate lawsuit seeking to end Google’s illegal monopoly in search market* Bipartisan coalition of 38 Attorneys General allege Google illegally maintained a monopoly, created insurmountable barriers to entry for competitors Dec. 17, 2020 (DENVER, (...)

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

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

The UK Competition Authority gradually moves towards a mandatory notification regime
Bird & Bird (London)
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Bird & Bird (London)
In recent years, the Competition and Markets Authority (CMA) has become noticeably more pro-active and interventionist in reviewing transactions. In 2019 more than 50% of mergers referred to Phase 2 were prohibited or abandoned. At Phase 2 in 2020, the CMA has already issued three prohibitions (...)

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

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

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

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

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

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

The Chinese State Administration for Market Regulation issues Antitrust Guidelines for the Platform Economic Industry
King & Wood Mallesons (Beijing)
10 Highlights of the Antitrust Guidelines for Platform Economy* On 10 November, the Anti-Monopoly Bureau of the State Administration for Market Regulation (“SAMR”) issued the Antitrust Guidelines for the Platform Economic Industry (draft for comments) (“Platform Guidelines”). [1] The release of (...)

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

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

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

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

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

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

The US House of Representatives Judiciary Committee issues the majority report of its investigation of competition in digital markets
Bona Law (Detroit)
Classic Antitrust Cases: Trinko, linkLine and the House Report on Big Tech* On October 6, 2020, the Antitrust Subcommittee of the U.S. House Judiciary Committee issued its long-anticipated Majority Report of its Investigation of Competition in Digital Markets. As expected, the Report detailed (...)

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

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

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

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

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

The German Government submits a draft of the digitalisation act amending national competition law
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 9 September 2020, the German Government tabled the draft 10th amendment of the German Act against Restraints of Competition (“ARC”), also referred to as the ARC Digitalisation Act. The draft amendment entails significant changes in the areas of abuse of dominance, merger control, cartel fines (...)

The Indian Competition Authority dismisses allegations of anticompetitive conduct and abuse of dominance against an information technology company in public procurement by the Ministry of Railways due to lack of evidence (Sowil / Hexagon Geosystems India)
Lakshmikumaran & Sridharan (New Delhi)
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Lakshmikumaran & Sridharan (New Delhi)
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Lakshmikumaran & Sridharan (New Delhi)
KEY POINTS In the absence of any material on record which can suggest collusion, no case of anti-competitive agreement can be made out. In addition, for a case of abuse of dominance, one must take into consideration the market structure and the number of major players including, global players (...)

The UK Supreme Court holds that an English court can enjoin infringement of a UK SEP where the infringer is willing to take a UK license, but refuses to take a worldwide licence on FRAND terms (Huawei / Unwired Planet)
Cleary Gottlieb Steen & Hamilton
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Cleary Gottlieb Steen & Hamilton (London)
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Cleary Gottlieb Steen & Hamilton (London)
This article has been nominated for the 2021 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On 26 August, 2020, the UK Supreme Court decided a standard-essential patent (SEP) dispute between Huawei and Unwired Planet. [1] The Supreme Court held that an (...)

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

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

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

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

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

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

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

The EU Commission opens in-depth investigation into the proposed acquisition of a manufacturer of wearable tech devices by a Big Tech company (Fitbit / Google)
European Commission - DG COMP (Brussels)
Mergers: Commission opens in-depth investigation into the proposed acquisition of Fitbit by Google* The European Commission has opened an in-depth investigation to assess the proposed acquisition of Fitbit by Google under the EU Merger Regulation. The Commission is concerned that the proposed (...)

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

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

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

The Australian Competition Authority releases a statement of issues and opens an investigation into a Big Tech company’s acquisition of a wearable tech manufacturer (Fitbit / Google)
Australian Competition and Consumer Commission (Canberra)
Google’s purchase of Fitbit raises preliminary competition concerns* The ACCC has today outlined preliminary concerns with Google’s proposed acquisition of Fitbit, stating that Google’s access to consumer health data may raise entry barriers, further entrench its dominant position and adversely (...)

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

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

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

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

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

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

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

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

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

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

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

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

The German Federal Court provides further guidance on abusive ad blocking and holds that it may constitute abuse of dominance (Ad Blocker IIIa)
Blomstein (Berlin)
In its judgement of 10 December 2019, the German Federal Court of Justice (BGH) found that ad blocking can constitute an abuse of a dominant position by the ad blocker provider. The decision marks another milestone in the ad blocker saga. Following a series of lower court judgments and a BGH (...)

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

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

The 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)
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Balcıoğlu Selçuk Akman Keki (BASEAK) (Istanbul)
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ACTECON (Istanbul)
Turkish Competition Authority (“TCA”) recently published its decision (“Review Decision”) reviewing the obligations that ought to be fulfilled by the economic integrity comprised of Google LLC, Google International LLC and Google Reklamcılık ve Pazarlama Ltd. Şti. (will be referred to as “Google” (...)

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

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

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

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

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

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

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

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

The EU Commission opens investigation into the allegedly anticompetitive conduct of a multinational online platform focused on e-commerce (Amazon)
European Commission - DG COMP (Brussels)
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 competition (...)

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

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

The German Competition Authority publishes an annual report for 2018 and a biannual activity report for 2017/2018
Court of First Instance of Namur (Namur)
On 27 June 2019, the German Federal Cartel Office (“FCO”) published its annual report 2018 and biannual activity report 2017/2018. The reports include statistics on the total amounts of fines, leniency applications and merger pro-ceedings, describe the FCO’s policies and the key cases which the (...)

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)
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University of São Paulo
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 shown (...)

The EU Commission opens an investigation against a designer of integrated circuits for wired communication devices and sends a Statement of Objections seeking to impose interim measures in TV and modem chipsets markets (Broadcom)
European Commission - DG COMP (Brussels)
The European Commission has opened a formal antitrust investigation to assess whether Broadcom may be restricting competition through exclusivity practices, in breach of EU rules. The Commission intends to impose interim measures during the investigation with regard to TV and modem chipsets (...)

The EU Commission opens a formal investigation to assess whether a producer of integrated circuit abused its dominant position (Broadcom)
Van Bael & Bellis (Brussels)
On 26 June 2019, the European Commission (the “Commission”) announced that it had opened a formal investigation to assess whether integrated circuit (“IC”) provider Broadcom may be abusing its dominant position, in breach of Article 102 Treaty on the Functioning of the European Union. In parallel, (...)

The EU Commission opens an investigation and sends statements of objections on interim measures in TV and modem chipsets markets (Broadcom)
European Commission (Brussels)
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Gómez-Acebo & Pombo (Brussels)
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Basic-Fit (Hoofddorp)
The Commission has opened an investigation into Broadcom’s commercial practices over a number of competition concerns. Broadcom is one of the world’s largest designers, developers and providers of key components of wired communication devices and is a global leader in the markets of (...)

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)
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 price (...)

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)
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)
Gujarat National Law University (Gandhinagar)
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)
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Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (New Delhi)
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)
Giannino SI (Monserrato)
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 (Quezon City)
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 PCC (...)

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)
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 used (...)

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)
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 third-party (...)

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 (Ankara)
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)
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 abused (...)

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)
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 conditions (...)

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)
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 private use (...)

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)
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 matching (...)

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)
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 to (...)

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)
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)
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/ residential (...)

The German Competition Authority initiates an abuse of dominance proceeding against a major e-commerce company (Amazon)
German Competition Authority (Bonn)
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: “Amazon (...)

The Indian Competition Authority opens an investigation into a manufacturer of processors for abuse of dominant position (Intel)
Vaish Associates Advocates (New Delhi)
CCI directs investigation against Intel for abuse of dominant position* The CCI by way of order dated November 9, 2018 under section 26(1) of the Act, directed the DG to investigate Intel Corporation (the Opposite Party/ OP/Intel) for alleged abuse of dominant position in the market for (...)

The Turkish Competition Authority follows the EU Commission’s footsteps in the search engines’ battles (Google)
ACTECON (Istanbul)
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 fine (...)

The EU Commission sends a supplementary statement of objection to a manufacturer of LTE baseband chipsets for predatory pricing practices (Qualcomm)
Rosenblatt (London)
QUALCOMM RECEIVES SUPPLEMENTARY STATEMENT OF OBJECTIONS FROM THE EU COMMISSION IN PREDATORY PRICING INVESTIGATION* Hot on the heels of the announcement of a record antitrust fine imposed by the European antitrust regulator upon another US technology company , the European Commission announced (...)

The EU Commission fines a multinational technology company for abuse of dominant position in the smartphone operating system sector (Google Android)
Baker McKenzie (London)
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Baker McKenzie (Brussels)
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 on (...)

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)
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 restrictions (...)

The EU Commission fines a tech company for illegal tying in the market for third-party mobile device manufacturing (Google Android)
Secretariat Economists (Washington)
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 search.” (...)

The French Competition Authority rejects a complaint about abuse of dominance in the sector of IT maintenance (Econocom)
Dechert (Paris)
On 27 June 2018, the French Competition Authority (“FCA”) rejected a complaint filed by French company Econocom, active in the maintenance of servers and storage solutions, against the main manufacturers of IT hardware: IBM, Hewlett Packard (“HP”) and Oracle. This decision was issued in a peculiar (...)

The Spanish Supreme Court orders restarting the investigation of a complaint about abuse of dominant position (Oracle)
Callol, Coca & Asociados (Madrid)
On 26 February 2013, Hewlett Packard and Hewlett Packard Española, S.L. (jointly, HP) filed a complaint against Oracle Corporation and Oracle Ibérica, S.R.L. (jointly, Oracle) before the NMCC denouncing restrictive practices of competition in the field of relational database management systems, (...)

The French Competition Authority issues an opinion concluding its sector-specific investigation into online advertising
French Competition Authority (Paris)
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)
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 of (...)

The Indian Competition Authority fines a company for search bias in the search engine market (Google)
Indian Competition Commission (New Delhi)
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 Indian Competition Authority fines a company for search bias and exclusive agreements (Google)
Gujarat National Law University (Gandhinagar)
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Gujarat National Law University (Gandhinagar)
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 French Competition Authority unconditionally clears a merger between two real estate online platforms (Axel Springer / Concept Multimédia)
Epex Spot (Paris)
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 (...)

The German Competition Authority launches a sector inquiry into market conditions in the online advertising sector
German Competition Authority (Bonn)
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 EU Commission fines a company for abuse of dominance on the market for baseband chipsets for smartphones and tablets (Qualcomm)
Van Bael & Bellis (Brussels)
On 24 January 2018, the European Commission (the “Commission”) announced that it had imposed fines totalling € 997.439 million on chipset producer Qualcomm for abusing a dominant position contrary to Article 102 TFEU. While the public version of the decision has not yet been published, the (...)

The EU Commission fines a manufacturer of baseband chipsets for abusing its dominant position by using loyalty rebates (Qualcomm)
McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Brussels)
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Norton Rose Fulbright (Brussels)
On 24 January 2018 the EC fined Qualcomm EUR 997 million for hindering competition on the market for Long-Term Evolution (LTE) basebands chips, in breach of Article 102 TFEU. Baseband chipsets, which enable smartphones and tablets to connect to cellular networks, are used both for voice and (...)

The EU Commission fines a manufacturer of LTE baseband chipsets for abuse of dominance (Qualcomm)
European Commission - DG COMP (Brussels)
Antitrust: Commission fines Qualcomm €997 million for abuse of dominant market position* The European Commission has fined Qualcomm €997m for abusing its market dominance in LTE baseband chipsets. Qualcomm prevented rivals from competing in the market by making significant payments to a key (...)

The EU Commission fines a baseband chipset manufacturer for abusing its dominant position (Qualcomm)
Cleary Gottlieb Steen & Hamilton (Rome)
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Orrick, Herrington & Sutcliffe (Rome)
This article has been nominated for the 2019 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On January 24, 2018, the European Commission announced that it had fined Qualcomm EUR 997,439,000. The Commission thinks that Qualcomm had abused its dominant (...)

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)
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)
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)
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 conducting (...)

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)
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 considers (...)

The EU General Court issues a ruling on mandatory access and interoperability in the software industry (Contact Software)
Jones Day (Brussels)
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Jones Day (Brussels)
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Jones Day (Brussels)
The European General Court’s ("GC") decision relates to a complaint filed with the European Commission ("EC") by Contact Software, a German software supplier of Product Data Management ("PDM"). Contact Software alleged an abuse of dominance by Dassault Systèmes and Parametric Technology Corp., as (...)

The US District Court for the Southern District of California receives a claim from a smartphone manufacturer against one of its suppliers over allegedly abusive wireless patents (Apple / Qualcomm)
DLA Piper Weiss-Tessbach (Vienna)
Apple and Qualcomm proceeding* In January 2017 Apple filed suit against Qualcomm over its allegedly abusive licensing practices regarding wireless patents. Apple filed patent, antitrust and breach of contract claims against Qualcomm; this could result in damages of billions of dollars. (...)

The EU Court of Justice modernizes abuse of dominance notion (Intel)
Cleary Gottlieb Steen & Hamilton (Brussels)
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Cleary Gottlieb Steen & Hamilton (Brussels)
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Cleary Gottlieb Steen & Hamilton
(“CJEU”) set aside General Court’s 2014 Intel judgment, upholding a European Commission (the “Commission”) decision fining Intel €1.06 billion for abuse of dominance through exclusivity rebates . The CJEU held that the General Court had erred in failing to examine all of Intel’s arguments calling (...)

The EU Court of Justice refers a case back to the General Court for re-examination (Intel)
Norton Rose Fulbright (Brussels)
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Norton Rose Fulbright (London)
Major victory for Intel as CJEU sends case back to General Court for re-examination* On 6 September, the EU’s highest court, the Court of Justice (CJEU), released its long-awaited decision in the Intel case, in which the Commission imposed a fine of €1.06 billion – at the time, the largest fine (...)

The EU Court of Justice revisits forty years of case law on when a dominant company’s rebate scheme may be abusive (Intel)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Baker McKenzie (London)
In its ruling on the European Commission’s 500 page Intel decision, in a crisp 150 paragraphs, the EU Court of Justice (the Court) revisited forty years of jurisprudence on when a dominant company’s rebate scheme may be abusive. Though no final decision for Intel, the case marks a potentially (...)

The EU Court of Justice annuls the General Court’s ruling that upheld the fine imposed by the Commission for an abuse of dominance (Intel)
Jones Day (Brussels)
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Jones Day (Brussels)
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Jones Day (Frankfurt)
What happened? The European Court of Justice ("ECJ") set aside a General Court ruling that had upheld a €1.06 billion fine imposed by the European Commission on Intel for abusing its dominant position in the market for x86 central processing units ("CPUs"). Background In its 2009 decision, (...)

The EU Court of Justice renders its judgment in a case regarding loyalty rebates granted by dominant companies (Intel)
Baker Botts (Brussels)
An alternative view on accuracy and administrability Introduction In its judgment in Intel of 6 September 2017, the Court of Justice of the European Union (“CJEU”) rejected the notion that particular loyalty rebates granted by a dominant company are subject to a per se illegality standard of (...)

The EU Court of Justice endorses an effects-based assessment of rebates (Intel)
White & Case (Brussels)
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White & Case (Brussels)
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White & Case (Brussels)
This article has been nominated for the 2018 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On 6 September 2017, the Court of Justice of the European Union ("CJEU" or "Court") essentially held in Intel that the European Commission ("Commission") cannot (...)

The EU Court of Justice quashes a judgment of the General Court that upheld a fine of €1.06 billion for an abuse of dominance due to implementing loyalty rebates based on exclusivity agreements (Intel)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
On September 6, 2017 ,the Court of Justice of the European Union (CJEU) quashed the 2014 judgment of the General Court (GC) that upheld a fine of €1.06 billion ($1.5 billion) on Intel Corporation Inc. (Intel) for abusing a dominant market position by implementing loyalty rebates based on (...)

The EU Court of Justice issues a landmark judgment on the legal treatment of fidelity rebates granted by dominant companies (Intel)
Van Bael & Bellis (Brussels)
On 6 September 2017, the Court of Justice of the European Union (“ECJ”) issued its long-awaited judgment in the Intel case (Case C-413/14 P), setting aside the General Court’s (“GC”) judgment. The GC must now re-assess the legality of the Commission’s decision in light of the ECJ’s ruling. Intel was (...)

The EU Court of Justice reverses the General Court’s decision in an abuse of dominance case against a Big Tech company in the market for processors and rules that rebates should be judged under the rule of reason (Intel)
Compass Lexecon (Brussels)
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The Graduate Institute for International and Development Studies (Geneva)
Roundtable Discussion on the ECJ ruling in Intel* On 6 September 2017, the European Court of Justice (“ECJ”) issued a landmark judgment where it set aside the judgment of the General Court (“GC”) in the highly debated Intel matter. This judgment is of particular significance because it provides (...)

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)
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 (...)

The EU Commission fines a multinational technology company for abuse of dominance on the market of online comparison shopping (Google Shopping)
European Commission - DG COMP (Brussels)
Antitrust: Commission fines Google €2.42 billion for abusing dominance as search engine by giving illegal advantage to own comparison shopping service* The European Commission has fined Google €2.42 billion for breaching EU antitrust rules. Google has abused its market dominance as a search (...)

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)
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Crowell & Moring (London)
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Simmons & Simmons (London)
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 issues a warning letter to a multinational technology company to prevent abuse of dominance (Microsoft)
Russian Federal Antimonopoly Service (Moscow)
FAS warned “Microsoft” not to create discriminatory conditions* On 13 June 2017, FAS issued warnings to “Microsoft” to stop actions that have signs of violating the antimonopoly law (Clause 8 Part 1 Article 10 and Articles 14.2, 14.8 of the Federal Law “On Protection of Competition”). (...)

The Indian Competition Authority clears a dominant mobile messaging service of abuse of dominance allegations (Fight for Transparency Society / WhatsApp)
Vaish Associates Advocates (New Delhi)
CCI closes allegation of abuse of dominance against WhatsApp* CCI vide its recent order dated June 01, 2017 has closed an allegation of abuse of dominant position against popular message service WhatsApp. The complaint against WhatsApp was filed by an individual Vinod Kumar Gupta on behalf of (...)

The Italian Competition Authority opens a market investigation on Big Data
European Court of Justice (Luxembourg)
Introduction The Italian Competition Authority, together with the national regulators for communications and data protection, opened a joint market investigation on Big Data. The investigation appears to be wide-ranging, covering not only competition issues, but data protection, consumer (...)

The Russian Competition Authority announces the payment of a fine by a multinational technology undertaking following a settlement (Google)
Russian Federal Antimonopoly Service (Moscow)
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 of (...)

The EU Commission publishes its final report on the e-commerce sector inquiry
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European Court of Justice (Luxembourg)
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 consumers (...)

The EU Commission publishes its final e-commerce sector inquiry report
Van Bael & Bellis (Brussels)
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 16-page (...)

The EU Commission publishes its final report on the inquiry into the e-commerce sector
Dentons (Berlin)
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DLA Piper (London)
,
DLA Piper (Amsterdam)
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 accepts remedies proposed by an electronic commerce company in the e-books sector (Amazon)
European Commission - DG COMP (Brussels)
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 Amazon’s (...)

The Russian Competition Authority concludes an amicable settlement with a multinational technology company (Google)
Russian Federal Antimonopoly Service (Moscow)
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 to (...)

The EU Commission publishes a roadmap on the Standard Essential Patents to support the development of the 5G mobile communications standard
Van Bael & Bellis (Brussels)
On 10 April 2017, the European Commission published its roadmap on “Standard Essential Patents for a European digitalised economy” (the “Roadmap”) with the aim of supporting the development of the 5G mobile communications standard (“5G”) and the Internet of Things (“IoT”) universe. A standard (...)

The Russian Competition Authority sends a warning to a multinational technology company suspected of abuse of dominance (Apple)
Russian Federal Antimonopoly Service (Moscow)
FAS issued a warning to “Apple Rus” Ltd.* By 1 May 2017 the company should open a unified service centre in the Russian Federation On 20 February 2017, the FAS Commission investigated a case against “Apple Rus” Ltd. According to a statement received by FAS, in 2016 service centres failed to (...)

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)
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 Paris Commercial Court declares void price and availability parity clauses formerly implemented by a hotel online booking company (Booking.com)
Epex Spot (Paris)
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. Following an (...)

The Indian Competition Authority dismisses allegations of abuse of dominance against a laptop manufacturer (S. K. Mittal / HP)
Vaish Associates Advocates (New Delhi)
CCI dismisses allegation of abuse of dominance against HP* CCI, by its order dated November 10, 2016, has dismissed allegation of abuse of dominance against HP for defective products and spurious spare parts. In the Information filed by an individual, Dr. S.K. Mittal, who was essentially (...)

The Italian Competition Authority launches an investigation into competition law breaches and personal data (WhatsApp)
White & Case (Milan)
Misleading Terms & Conditions and Unfair Contract Terms: The Italian Competition Authority Opens Two Investigations against WhatsApp Inc.* On 28 October 2016, the Italian Competition Authority (the “Authority”) opened two investigations against WhatsApp Inc. for alleged unfair commercial (...)

The EU Court of Justice AG Wahl recommends that the Court grant an appeal against the judgment of the General Court, which had upheld a decision of the Commission imposing a fine of €1.06 billion for abuse of a dominant position (Intel)
Van Bael & Bellis (Brussels)
On 20 October 2016, Advocate General Wahl rendered his opinion on Intel’s appeal before the Court of Justice of the European Union (“CJEU”) against the judgement of the General Court, which had upheld a decision of the European Commission of 13 May 2009 imposing a fine of € 1.06 billion for abuse (...)

The EU Court of Justice AG Wahl delivers his opinion in a case regarding rebates and calls for a new approach to Article 102 (Intel)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Call for a common-sense approach to Article 102 - Advocate General Wahl on Intel* If AG Kokott in Post Danmark II was a 102 hawk – ordoliberal-redux, fossilizing form over function, economics on the “too difficult pile” for authorities and courts – then AG Wahl firmly sets out his stall as the 102 (...)

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

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)
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)
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 application (...)

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)
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 view that (...)

The EU Commission takes further steps in a case involving comparison shopping services and advertising-related practices (Google AdSense)
European Commission - DG COMP (Brussels)
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 EU Commission considers comparison shopping services and advertising related practices (Google AdSense)
International Center for Law & Economics (Portland)
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 UK Patents Court defers hearing on competition law issues in a patent litigation until infringement of patents is established (Illumina / Premiatha)
Fieldfisher (London)
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Fieldfisher (London)
Illumina, Inc v Premiatha Health PLC [2016] EWHC 1726 (Pat)*In July 2015 the Court of Justice of the European Union (CJEU) handed down its judgment in Huawei Technologies Co. Ltd v ZTE Corp., ZTE Deutschland GmbH (Case C-170/13). In that Judgment the CJEU ruled that in proceedings for an (...)

The German Competition Authority issues a working paper on the market power of platforms and networks
German Competition Authority (Bonn)
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)
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)
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)
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 that (...)

The French Competition Authority gathers informations to assess data processing in the on-line advertising sector
French Competition Authority (Paris)
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 sector (...)

The French and German Competition Authorities publish a joint study on competition law and data
French Competition Authority (Paris)
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 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)
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 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)
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 concerning the imposition of restrictions on smartphone manufacturers and mobile network operators (Google Android)
Van Bael & Bellis (Brussels)
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 to (...)

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)
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Phillips Auctioneers (London)
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)
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Russian Federal Antimonopoly Service (Moscow)
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 against a social network company regarding potential abuse of dominance (Facebook)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
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 initiates proceedings in the social network market on potential abuse of dominance (Facebook)
Van Bael & Bellis (Brussels)
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 user (...)

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)
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 UK High Court throws out a private claim for damages based on abuse of dominance in the online mapping sector (Streetmap / Google)
Phillips Auctioneers (London)
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Constantine Cannon (London)
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 Turkish Competition Authority unconditionally clears an acquisition in the market for data memory systems (Western Digital / SanDisk)
Ankara Hacı Bayram Veli University (Ankara)
This case note analyses the decision of the Turkish Competition Authority (TCA) in which it has unconditionally cleared in Phase I the acquisition of the sole control of SanDisk by Western Digital in the market for data memory systems. The Operation On 4 December 2015, the TCA received a (...)

The Turkish Competition Authority rejects the complaint that agreements between a major IT company and several OEMs on the exclusive pre-installation of mobile apps infringed competition rules (Yandex / Google)
Ankara Hacı Bayram Veli University (Ankara)
This case note analyses the decision of the Turkish Competition Authority (TCA) in which it has rejected the complaint of a rival IT company, Yandex, that agreements of a major IT company, Google, with a number of original equipment manufacturers (OEMs) on the exclusive pre-installation of its (...)

The German Competition Authority prohibits "best price" clauses implemented by an online hotel booking company (Booking.com)
German Competition Authority (Bonn)
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 clauses (...)

The Romanian Competition Authority fines an IT company for abuse of dominance on the inkjet printers business market (Hewlett-Packard)
Romanian Competition Council (Bucharest)
The Competition Council has sanctioned HP Romania for abuse of dominant position* The Competition Council has sanctioned Hewlett - Packard (HP) Romania with fine of lei 2,966,516 (approx. Euro 665,000) for abuse of dominant position. Following the investigation conducted, the Competition (...)

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

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)
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 Düsseldorf Regional Court rules on the requirements of an antitrust defence against an SEP holder in light of the ECJ’s judgment (Sisvel / Haier)
Simmons & Simmons (Dusseldorf)
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Simmons & Simmons (Dusseldorf)
A strict approach to applying the principles established in Huawei/ZTE, in particular as regards the prompt provision of security and a statement of account of past use, resulted in the defendant losing the right to raise a fair, reasonable and non-discriminatory (FRAND) defence. In detail (...)

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)
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)
“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 Inc. 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)
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 Croatian Competition Authority opens an ex officio investigation regarding an app sales market (Google)
Croatian Competition Agency (Zagreb)
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 Court of Justice confirms practical steps to be taken by standard-essential patent holders before seeking injunctions (Huawei / ZTE)
Norton Rose Fulbright (London)
Synopsis The Court of Justice of the European Union has ruled that the holder of a Standard Essential Patent that has committed to license its Standard Essential Patent on FRAND terms may be found in breach of the competition rules (Article 102 TFEU) by seeking an injunction against a (...)

The EU Court of Justice sets out specific requirements with which an SEP holder needs to comply to be able to seek an injunction without abusing its dominant position (Huawei / ZTE)
White & Case (Brussels)
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White & Case (Brussels)
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Preu Bohlig & Partner (Hamburg)
Standards lie at the heart of the digital economy – without standards, we would not have smartphones, tablets and other key parts of modern life. Europe’s highest court recently delivered a judgment in Huawei v. ZTE explaining when EU competition law will prevent holders of patents that are (...)

The EU Court of Justice rules on the circumstances in which a presumptively dominant SEP holder who has given a FRAND commitment may seek injunctive relief (Huawei / ZTE)
Quinn Emanuel Urquhart & Sullivan (Brussels)
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Quinn Emanuel Urquhart & Sullivan (Brussels)
The application of competition law to standard essential patents (SEPs) has been the subject of significant debate. The latest instalment was provided by the Court of Justice on 16 July 2015 with its much-anticipated preliminary ruling in Huawei v. ZTE, which concerns the circumstances in which (...)

The EU Commission opens two formal investigations against a chipset supplier (Qualcomm)
European Commission - DG COMP (Brussels)
Commission opens two formal investigations against chipset supplier Qualcomm* The European Commission has opened two formal antitrust investigations into possible abusive behaviour by Qualcomm in the field of baseband chipsets used in consumer electronic devices. The first will examine whether (...)

The EU Court of Justice holds standard-essential patent owner can abuse its position by seeking to enjoin infringement and sets out specific requirements (Huawei / ZTE)
University College London (London)
This article has been nominated for the 2016 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Background A Scattered European Landscape There is considerable inconsistency as to the availability of injunctive relief in relation to FRAND-obligated SEPs (...)

The Finnish Competition Authority welcomes the judgement of the EU Court of Justice clarifying the position of standard-essential patent holders from the perspective of competition law (Huawei / ZTE)
Finnish Competition and Consumer Authority (Helsinki)
The Court of Justice of the European Union has clarified the position of standard-essential patent holders from the perspective of competition law* On Thursday 16 July, the Court of Justice of the European Union gave a judgment on the relationship between patent law and competition law. The (...)

The EU Court of Justice rules on the seeking of injunctions in the context of standard-essential patents encumbered by FRAND in the technology sector (Huawei / ZTE)
Norton Rose Fulbright (Brussels)
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Arnold & Porter Kaye Scholer (Brussels)
THE EUROPEAN UNION’S HIGHEST COURT RULES ON STANDARD-ESSENTIAL PATENTS INJUNCTIONS AND ABUSE OF DOMINANCE* The long-awaited ruling on the seeking of injunctions in the context of standard-essential patents encumbered by fair, reasonable, and non-discriminatory (FRAND) terms has been delivered (...)

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

The 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)
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 investigate (...)

The Indian Competition Authority exonerates global computer manufacturer from allegations of abuse of dominance in the market for x86 servers (Surana and Surana / Dell India)
Vaish Associates Advocates (New Delhi)
CCI exonerates Dell India Pvt. Ltd against allegations of abuse of dominant position* CCI by its order dated 10 June 2015 dismissed from allegations of involvement in anti-competitive practices and abuse of dominant position against Dell India Pvt. Ltd (DIPL). The case was filed by M/s Surana (...)

The Guangdong High People’s Court hears the appeal of one of China’s first administrative monopoly cases (Guangdong Education Department / Shenzhen Sware Technology)
University of Melbourne
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China Competition Bulletin (Beijing)
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Hogan Lovells (Beijing)
One of China’s first administrative monopoly court cases heard in Guangdong* On 28 May 2015, the Guangdong High People’s Court heard the appeal of the administrative monopoly case against the Guangdong Education Department filed by Shenzhen Sware Technology. The court is expected to announce its (...)

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)
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,
K&L Gates (Washington)
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 EU Commission launches an antitrust sector inquiry into the e-commerce sector
Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
On May 6, 2015, the European Commission (Commission) launched an antitrust sector inquiry into the e-commerce sector. This sector inquiry is part of the Commission’s broader Digital Single Market Strategy, which aims inter alia to improve access for consumers and businesses to online goods and (...)

The Competition Commission of India passes an order in favour of prominent online retail platforms in India (Mohit Manglani / M/s Flipkart India)
Meta (New Delhi)
Introduction After Google, e-commerce seems to be next hot topic in the antitrust community. The European Commission’s recent inquiry has made this sector one of the most watched ones. Predictably, with the exponential increase in internet penetration, the Indian competition law has also (...)

The Italian Competition Authority renders legally binding the commitments proposed by an online hotel booking company (Booking.com)
Italian Competition Authority (Rome)
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 French Competition Authority obtains extensive commitments from an online hotel booking company (Booking.com)
French Competition Authority (Paris)
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 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)
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. This (...)

The EU Commissioner in charge of competition policy announces a potential inquiry in the e-commerce sector
Ampersand Advocates (Edinburgh)
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Allen & Overy (Hamburg)
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White & Case (Brussels)
On 26 March 2015, the European Commissioner in charge of competition policy, Margrethe Vestager, announced a potential competition inquiry in the e-commerce sector. According to the Commission, the proposed inquiry is aimed at identifying and resolving cross-border barriers to e-commerce in (...)

The Chinese NDRC imposes changes in licensing practices (Qualcomm)
Cleary Gottlieb Steen & Hamilton (Washington)
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Cleary Gottlieb Steen & Hamilton
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Cleary Gottlieb Steen & Hamilton (Brussels)
This article has been nominated for the 2016 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On March 2, 2015, China’s National Development and Reform Commission (“NDRC”), the agency responsible for investigating price-related violations of China’s (...)

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

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

The EU Parliament passes a resolution calling on the Commission to unbundle search engines from other commercial services (Google)
Ashurst (Milan)
EU Parliament passes resolution calling on the Commission to unbundle [Google’s] search engines from other commercial services* On 27 November 2014 the European Parliament has passed a non-binding resolution, which called on the Commission to “properly enforce the EU competition rules in order (...)

The Advocate General Wathelet states that before seeking an injunction, a standard-essential patent holder must inform an infringer that the latter needs a license (Huawei / ZTE)
White & Case (Brussels)
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White & Case (Brussels)
Summary The Advocate General’s advisory Opinion in the Huawei v. ZTE FRAND Case (C-170/13) would, if followed by the full European Court of Justice (ECJ), usher in a significant shift in the playing field in German litigation on Standard essential patents (SEPs). Germany has been known as a (...)

The Beijing High People’s Court releases guidelines on Internet-related intellectual property rights trials
University of Melbourne
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China Competition Bulletin (Beijing)
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Hogan Lovells (Beijing)
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 EU Commission publishes its final report on the e-commerce sector inquiry
Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
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 (...)

Procedures

The EU General Court annuls the commission’s decision imposing a €1B on an LTE chipset manufacturer due to procedural irregularities which affected the rights of defence and invalidated the Commission’s analysis of the alleged conduct (Qualcomm)
General Court of the European Union (Luxembourg)
Abuse of dominance on the LTE chipsets market: the General Court annuls the Commission decision imposing on Qualcomm a fine of approximately €1 billion* The General Court observes that a number of procedural irregularities affected Qualcomm’s rights of defence and invalidate the Commission’s (...)

The US DoJ gives permission to three States to join its antitrust lawsuit against a Big Tech company for maintaining monopolies in search and search advertising (Google)
US Department of Justice (Washington DC)
Three Additional States Ask Court To Join Justice Department Antitrust Suit Against Google* Today, the Attorneys General of Michigan and Wisconsin filed for permission to join the antitrust lawsuit filed by the United States and eleven other state Attorneys General against monopolist Google. (...)

The UK High Court issues guidance on the balancing of conflicting interest in a case involving the protection of a Big Tech’s confidential and technical information on its search algorithms (Foundem / Google)
Hausfeld (London)
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Hausfeld (London)
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Hausfeld (London)
Introduction There is an emerging trend in competition damages cases in England for the majority of documents to be disclosed into so-called “confidentiality rings.” These restrictive confidentiality procedures can result, in certain instances, in the parties themselves being precluded from (...)

The Higher Regional Court of Düsseldorf orders the suspensive effect of an appeal against the German Competition Authority’s decision concerning a social network company (Facebook)
Van Bael & Bellis (Brussels)
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 dominant (...)

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

The 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)
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Ashurst (London)
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 and (...)

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)
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Cleary Gottlieb Steen & Hamilton (Frankfurt)
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White & Case (Dusseldorf)
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 EU General Court dismisses appeal against Commission’s request for information (Qualcomm)
Court of First Instance of Namur (Namur)
On 9 April 2019, the General Court (“GC”) dismissed the appeal lodged by Qualcomm against the Commission’s decision of 31 March 2017 requesting information in the context of an investigation against Qualcomm for alleged predatory pricing contrary to Article 102 of the Treaty on the Functioning of (...)

The EU Court of Justice rules on the applicability of contractual jurisdiction clauses in the context of abuse of a dominant position, ruling that some competition law violations are more contract related than others (Apple / MJA)
Latham & Watkins (Brussels)
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Liège University (Liège)
With its judgment the European Court of Justice (‘ECJ’) confirms its previous case law indicating that the criterium to determine whether a competition law violation is covered by a contractual jurisdiction clause is the existence of a ‘contractual link’, adding that this is the case even when such (...)

Regulatory

The Turkish Competition Authority shares a Draft Amendment to the key national competition legislation which would enable greater oversight of digital markets
ACTECON (Istanbul)
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ACTECON (Istanbul)
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ACTECON (Istanbul)
Introduction This blogpost will give an overview on the draft amendment (the “Draft Amendment”) to the Law No. 4054 on the Protection of Competition (the “Law No. 4054”). The key points of the Draft Amendment concern: Introducing definitions of core platform services into the Law No. 4054 and (...)

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

The UK Competition Authority publishes report setting out recommendations which the Government could implement to regulate technology firms in a way that promotes competition in digital markets
Hausfeld (London)
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Ashurst (London)
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Hausfeld (London)
In December 2020, the CMA’s Digital Markets Taskforce (DMT) published its report setting out 15 recommendations which the UK Government could implement to regulate technology firms with ‘strategic market status’ (SMS) in a way that promotes competition, innovation and protects consumers and (...)

The UK Competition Authority advises the Government on a regulatory regime for tech giants
United Kingdom’s Competition Authority (CMA) (London)
CMA advises government on new regulatory regime for tech giants* The CMA has issued advice to government on the design and implementation of the UK’s new pro-competition regime for digital markets. New regime will proactively shape the behaviour of the most powerful tech firms It will ensure (...)

The UK Competition Authority proposes a pro-competition regime for digital markets
Simmons & Simmons (London)
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Herbert Smith Freehills (Brussels)
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Herbert Smith Freehills (London)
On 8 December 2020 the CMA issued advice to the UK government on the design and implementation of a new pro-competition regime for digital markets. The advice was prepared by the Digital Markets Taskforce (DMT) formally launched by the CMA on 1 July 2020, following recommendations by the (...)

The UK Competition Authority publishes recommendations for the regulation of digital markets
Covington & Burling (London)
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Covington & Burling (London)
The UK Competition and Markets Authority (“CMA”) has published advice to the UK Government on the design and implementation of a new regulatory regime for digital markets. The new regime, if implemented, will apply to certain digital businesses that are designated as having Strategic Market (...)

The Chinese State Administration for Market Regulation promulgates the platform guidelines increasing its regulation of the Internet industry
King & Wood Mallesons (Beijing)
On November 10, 2020, SAMR promulgated the Platform Guidelines, which demonstrates SAMR has prioritised increasing its regulation of the Internet industry. The Platform Guidelines pay particular attention to specific business models and possible antitrust behaviours in the platform economy. (...)

The EU Commission launches proposals for a regime regulating crypto-assets and distributed ledger technology in the financial sector through a digital finance package
Shearman & Sterling (Brussels)
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NATO Communications and Information Agency (NCI) (Brussels)
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Shearman & Sterling (London)
On September 24, 2020 the European Commission (EC) launched proposals for a new EU-wide regime to regulate crypto-assets and distributed ledger technology (DLT) in the financial sector through a Digital Finance Package. Key issues relevant to companies and stakeholders in digital finance are (...)

The French Competition Authority publishes a paper on how merger control and anticompetitive practices concepts should be adapted to the digital sector
Vaillant Group (Paris)
As part of its discussions at international level on the reform of competition law, the French Competition Authority (“FCA”) recently published a paper providing food for thought on how merger control and anticompetitive practices concepts should be adapted to the digital sector. Regarding (...)

The Italian Competition Authority, the Communications Authority and the Data Protection Authority publish the findings of a joint sector inquiry into the field of big data
Portolano Cavallo (Milan)
On February 10, 2020 the Italian Authorities for Communications, Competition and Data Protection published the findings of a joint sector inquiry into the field of Big Data (“Investigation”), which lasted almost three years. It was launched on May 30, 2017 to study the functioning and impact of (...)

The German Federal Ministry for Economic Affairs and Energy issues an update on the reform of national competition law
Court of First Instance of Namur (Namur)
On 24 January 2020, the German Federal Ministry for Economic Affairs and Energy published an update of its draft 10th amendment to the Act against Restraints of Competition (the “ARC”), officially called the “ARC Digitization Act”. Compared to the initial draft (see VBB on Competition Law, Volume (...)

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)
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Buntscheck (Munich)
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 platforms
Trilegal (Mumbai)
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Trilegal (Bangalore)
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Trilegal (Mumbai)
The growth of e-commerce and online marketplaces has had a significant impact on businesses and consumer behaviour. Competition authorities worldwide are increasingly focused on assessing competition concerns on online platforms, including United Kingdom (UK), Australia, the European Commission (...)

The Belgian, Dutch and Luxembourg Competition Authorities advocate for an ex ante competition law enforcement in the digital world
Court of First Instance of Namur (Namur)
On 2 October 2019, the Belgian, Dutch and Luxembourg competition authorities took the unusual step of adopting a joint memorandum on the role of the competition authorities in a digital world. This joint memorandum discusses merger control issues, the need for guidance in fast-moving digital (...)

The EU Commission publishes a report on competition policy for the digital era
Crowell & Moring (London)
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Simmons & Simmons (London)
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Simmons & Simmons (London)
On 04 April 2019, the European Commission (EC) published a report commissioned by the EU’s Competition Commissioner, Margrethe Vestager. The report looks at how competition policy should continue to evolve in the digital age and is written jointly by an economist, a lawyer and an engineer. The (...)

The EU Commission publishes the final report on competition policy for the digital era
Court of First Instance of Namur (Namur)
On 4 April 2019, the European Commission published a special report commissioned by Commissioner Margrethe Vestager on how competition policy should evolve to continue promoting pro-consumer innovation in the digital age (“Competition Policy for the Digital Era”). The report is grounded in three (...)

The EU Commission publishes a report on competition policy for the digital era
Norton Rose Fulbright (Brussels)
“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 culmination (...)

The French Competition Authority takes into account the emergence of online video platforms in its opinion on the audiovisual sector
French Competition Authority (Paris)
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 digital (...)

The OECD holds a roundtable on e-commerce
OECD - Competition Division (Paris)
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 of (...)

The OECD holds a roundtable on blockchain technology and competition policy
OECD - Competition Division (Paris)
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, and (...)

The OECD holds roundtable on big data
OECD - Competition Division (Paris)
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 German Competition Authority publishes discussion paper on internet platforms in merger control, contractual restrictions of competition and, abuse of dominance scenarios
Heinz & Zagrosek (Köln)
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 (consisting (...)

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