The previous foreword for this publication was written in April 2011 by Ian S. Forrester, a long-time advocate of due process, and now a judge at the General Court of the EU. A few months later, the European Court of Human Rights adopted its landmark judgment in Menarini, ruling that, in light of the criminal nature of antitrust fines, Article 6 ECHR required that fining decisions imposed by (...)
Judicial review
Dominance
The Belgian Federal Chamber of Representatives adopts Bill approving cooperation agreement that creates foreign direct investment screening mechanism
On 9 February 2023, the federal Chamber of Representatives adopted a bill (the “Bill”) which approves the cooperation agreement of 30 November 2022 (the “Agreement”) between the federal government, the regional governments and the communities establishing a foreign direct investment (“FDI”) (...)
The European Court of Justice upholds the General Court’s ruling that only undertakings which fall within the definition of an interested party could challenge the grant of the new aid scheme (Solar Ileias Bompaina)
On 7 April 2022, the ECJ upheld the General Court’s ruling that Renewable Electricity Producer, Solar Ileias Bompaina, did not qualify as an ’interested party’ in its challenge against the new aid scheme introduced by Greece.
Key takeaways An ’interested party’ within the meaning of Article 1(h) of (...)
The EU General Court partially annuls a €35.7M fine on a Japanese airline (Japan Airlines and others)
In a judgment issued on 30th March 2022, the General Court of the European Union partially annulled the European Commission decision of 17 March 2017 fining Japan Airlines, and a number of other airlines, for having entered into arrangements relating to fuel and security surcharges found to be (...)
The UK Competition Appeal Tribunal confirms infringement in paroxetine pay-for-delay case but slashes fines (Generics - UK / GlaxoSmithKline / Actavis / Xellia Pharmaceuticals / Merck / Alpharma)
The judgment was handed down by the Competition Appeal Tribunal ("CAT") in the paroxetine pay-for-delay case in 2018. However, the CAT decided to wait for a preliminary ruling from the European Court of Justice ("ECJ") on certain questions before determining the remaining grounds of appeal. (...)
The UK Competition Appeal Tribunal confirms a pay-for-delay infringement decision but reduces the fines (Generics - UK / GlaxoSmithKline / Actavis / Xellia Pharmaceuticals / Merck / Alpharma)
On 10 May 2021, the UK’s Competition Appeal Tribunal (“CAT”) issued its final decision in GSK (Paroxetine) – the long-running saga concerning pay-for-delay patent settlement agreements between GSK and several generics. The CAT upheld the Competition and Markets Authority’s (“CMA”) finding of an (...)
The Russian Supreme Court adopts a decree providing clarifications on antitrust matters that arise in court proceedings
In March, the Russian Supreme Court adopted a Decree providing clarifications on antitrust matters (the "Plenum Decree") .
The Plenum Decree replaced most of the previous antitrust clarifications issued by the Supreme Commercial Court back in 2008. The new measure is comprehensive and covers a (...)
The Slovakian Competition Authority publishes its annual report for 2019
The Antimonopoly Office of the Slovak Republic (hereinafter referred to as the "Office") has published its annual report on its website, in which it has evaluated and summarized its activities in the past year. In 2019, the Office imposed fines of over EUR 3.3 million, approximately one third (...)
The EU Court of Justice clarifies for the first time when patent settlement agreements restricting a generic pharmaceutical company’s ability to enter the market infringes the EU antitrust rules (Generics - UK / GlaxoSmithKline / Actavis / Xellia Pharmaceuticals / Merck / Alpharma)
In a major judgment handed down on 30 January 2020 in Generics (UK) and Others, the EU Court of Justice (the Court) – the EU’s highest court – clarified for the first time the analytical framework for assessing when patent settlement agreements that restrict a generic pharmaceutical company’s (...)
Judicial review and competition law: An overview of EU and national case law
To be asked to contribute a foreword is pleasant, if that which is to be published is of good quality. Happily, such is the present case. e-Competitions, a child of this electronic century, has been publishing articles on competition topics since 2004. The mode of publication was so novel to me (...)
The German Federal Court of Justice decides on a dominant position resulting from the upstream possibility to restrict downstream competition (Reisestellenkarte)
On 3 March 2009, the German Federal Court of Justice reversed the judgement of the Higher Regional Court of Düsseldorf and remitted the case back for further proceedings. The question at stake was whether an undertaking could be regarded as dominant according to Art. 102 TFEU if due to its (...)
The EU Court of Justice rules that non-notifiable merger deals can be challenged and reviewed under the abuse of dominance rules (Towercast)
In Short
The Development: The Court of Justice of the European Union ("ECJ") held that national competition authorities ("NCA") may investigate and block an M&A transaction that violates Article 102 of the Treaty on the Functioning of the European Union to the extent it is not reportable (...)
The EU Court of Justice rules that Article 102 TFEU permits ex post merger control, at the national level, with a non-Community dimension (Towercast / TDF) Free
The prohibition of abuse of a dominant position laid down by the Treaties permits an ex post control, at national level, of a concentration of undertakings with a non-Community dimension*
The temporal effects of a judgment of the Court confirming the applicability of that prohibition should (...)
The EU Court of Justice rules that non-notifiable mergers can be reviewed under abuse of dominance rules (Towercast)
INTRODUCTION
On 16 March 2023, the Court of Justice of the European Union (CJEU) issued its keenly anticipated judgment in Towercast(Judgment), following a request for a preliminary ruling by the Court of Appeal, Paris (Court of Appeal). The Judgment clarifies that acquisitions by dominant (...)
The French Court of Appeal overturns the Competition Authority’s €444M fine on three laboratories for abuse of collective dominance in the pharma sector through a disparaging campaign against an "off-label" competitor (Novartis / Roche / Genentech)
The Court of Appeal quashed the French Competition Authority’s decision fining Novartis, Roche and Genentech EUR 444 million for abusing their collective dominant position, providing welcome clarity on the legal test to assess communications by pharmaceutical companies to the public and to (...)
The Spanish High Court of Madrid reinstates injunctive measures against an international football association (ESLC / UEFA / FIFA)
The 28th Section of the High Court of Madrid (Audiencia Provincial de Madrid), the court of appeal specialising in commercial and competition law in the Madrid region, has recently issued a decision reinstating certain interim measures it had earlier adopted in relation to the Super League (...)
The EU Court of Justice confirms that an effects-based approach applies to exclusive dealing and clarifies the narrow circumstances under which the conduct of distributors can engage the liability of a dominant company (Unilever Italia)
On 19 January 2023, the EU Court of Justice, answering questions from the Italian Council of State, confirmed that the Intel effects-based approach applies also to exclusive dealing practices and held that competition authorities must duly examine economic evidence produced by dominant (...)
The EU Court of Justice preliminarily determines that dominant firms can be held to account for abusive conduct even when third parties implement the infringement (Unilever Italia)
On 19 January 2023, the CJEU delivered its preliminary ruling in the case Unilever Italia Mkt Operations Srl v Autorità Garante della Concorrenza e del Mercato, C-680/20 (“AGCM”) (“Unilever”), on two questions posed by the Consiglio di Stato (Italian Council of State). The first related to the (...)
The EU Court of Justice finds a major FMCG company liable for abuse of dominance due to exclusivity clauses imposed by its independent distributors on operators of sale outlets (Unilever Italia)
Abuse of a dominant position: exclusivity clauses in distribution contracts must be capable of having exclusionary effects*
The competition authority is obliged to assess that actual capacity to exclude by also taking into account the evidence submitted by the undertaking in a dominant (...)
The EU Court of Justice upholds the General Court’s judgment imposing a fine of approximately €20M on the Lithuanian national rail company for abuse of dominance (Lietuvos geležinkeliai)
Abuse of a dominant position: The Court of Justice upholds the judgment of the General Court imposing a fine of approximately € 20 million on the Lithuanian national rail company *
The Commission conducted a comprehensive analysis which makes it possible to establish to the requisite legal (...)
The EU Court of Justice upholds a finding of abuse of dominance by a national railway company in the Lithuanian freight market (Lietuvos geležinkeliai)
On 12 January 2023, the Court of Justice of the European Union (“ECJ”) upheld the General Court’s judgment fining the Lithuanian national railway company, Lietuvos geležinkeliai AB (“LG”), € 20 million for abusing its dominant position in the Lithuanian freight market (Case C-42/21 P).
Background
In (...)
The Chinese Supreme People’s Court issues a ruling on resale price maintenance in the automobile retail sector which is likely to prompt more follow-on antitrust litigation (Miao Chong / SAIC-GM)
In Short
The Development: China’s Supreme People’s Court recently ruled for the plaintiff in Miao Chong v. SAIC-GM, which marked a rare triumph for a plaintiff in antitrust litigation as a follow-on to an administrative penalty decision. The plaintiff-consumer alleged that a joint venture (...)
The Seoul High Court upholds the South Korean FTC’s decision to sanction “self-preferencing” as an abuse of dominance (NAVER shopping)
It would no longer be surprising to see competition or regulatory authorities blaming digital platforms for favouring their own services on their own platforms. In particular, in Europe, seeing the General Court’s Google decisions (see e.g., Johannes Persch’s blog posts on Shopping and Android (...)
The Turkish Council of State partially quashes an annulment order and declares that non-challenge and termination clauses in SEP cases may be anticompetitive (Philips / Vestel)
While the intersection between intellectual property and competition law has always been an issue due to the imbalance between the exclusivity rights ensured by intellectual property law and the anti-competitive practices that the competition law protects, there are mechanisms in place to (...)
The Paris Court of Appeal grants partial reformation of the decision of the French Competition Authority concerning practices related to the distribution of products of a Big Tech company, and reduces the fine imposed by two thirds (Apple)
On 6 October 2022, the Court of Appeal of Paris (“the Court”) granted a partial reformation of the decision of the French Competition Authority (“FCA”) of 16 March 2020 concerning practices related to the distribution of certain Apple products (the “FCA Decision”) and reduced by twothirds the (...)
The Paris Court of Appeal partially overturns the Competition Authority’s decision concerning a Big Tech company’s distribution practices, and reduces the fine imposed by two thirds (Apple)
In a ruling dated 6 October 2022, the Paris Court of Appeal partially annulled a 2020 decision by the French competition authority (the Autorité) against Apple and two Apple products wholesalers, Tech Data and Ingram Micro. This ruling struck a blow to the Autorité, as the period for one (...)
The Hamburg Regional Court denies an injunction and rules there is no obligation to supply in a case concerning a major soft drinks manufacturer (EDEKA / Coca-Cola)
Antitrust law may restrict price increases if the preconditions of a pricing abuse are met. However, decision practice on this topic is scarce. Therefore, EDEKA’s petition for a preliminary injuction filed against Coca-Cola claiming a pricing abuse and demanding supply at lower prices has (...)
The EU General Court confirms Android abuse of dominance through tying, with the real legacy of the case extending far beyond (Google Android) Free
The General Court confirmed on 14 September 2022 the EC finding in 2018 that Google had abused its dominance by tying its Android operating system with its app store suite, the Google Play Store (“GPS”), thus leveraging power from GPS (a service that was “must have” to OEMs equipping their devices) (...)
The EU General Court partially annuls a Commission decision against a search engine but upholds the key elements (Google Android)
In its judgment of 14 September 2022 (the “Judgment”), the General Court partially upheld Google’s appeal against the Commission’s 2018 Google/Android decision, but upheld the decision’s most important and consequential elements, thus confirming that certain of Google’s practices regarding the (...)
The EU General Court partially annuls the Commission’s decision against a Big Tech company for non-price based abuses of dominance (Google Android)
In September 2022, the General Court partially annulled the European Commission’s 2018 Google Android decision, which fined Google €4.3 billion for abuses of dominance relating to apps it offers for its Android mobile operating system (“OS”). The Court also found that the Commission’s (...)
The EU General Court confirms the Commission’s decision that a Big Tech firm imposed unlawful restrictions on manufacturers of Android mobile devices and mobile network operators in order to consolidate the dominant position of its search engine (Google Android)
The General Court largely confirms the Commission’s decision that Google imposed unlawful restrictions on manufacturers of Android mobile devices and mobile network operators in order to consolidate the dominant position of its search engine*
In order better to reflect the gravity and duration (...)
The UK Competition Appeal Tribunal issues a decision which sets key considerations for market definition analysis (ComparetheMarket)
In a decision by the UK Competition Appeal Tribunal (CAT) dated 19 November 2020, the CAT fined Comparethemarket (CTM), a price comparison website a fine of £17.9 million for abuse of dominance in the market for price comparison services. CTM abused its position in the market by imposing wide (...)
The UK Competition Appeal Tribunal agrees with the appellant that a fine imposed for anticompetitive MFC clauses should be set aside on the basis that such infringements are not by object anticompetitive and the Competition Authority had failed to prove effects (ComparetheMarket)
The UK Competition Appeal Tribunal (CAT) on 8 August 2022 set aside a £17.9 million fine against price comparison website Compare The Market, criticising the Competition and Markets Authority’s (CMA) legal and evidential assessment of the case. The CAT found that the CMA’s “anecdotal evidence” (...)
The UK Competition Appeal Tribunal sets aside the decision of the Competition Authority on MFC clauses on the grounds that it had not demonstrated any appreciable adverse effects on competition to the requisite legal standard (ComparetheMarket)
On 8 August 2022 the Competition Appeal Tribunal (CAT) set aside the CMA’s infringement decision in its Compare The Market investigation relating to the use of wide MFN clauses. The CAT concluded that the CMA’s definition of the relevant market in the decision was materially wrong and that the (...)
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)
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)
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 French Supreme Court rejects an appeal by a pharmaceutical company which alleged that a €21M fine imposed by the Competition Authority was erroneous (Janssen-Cilag)
On 1 June 2022, the French Supreme Court (the “Supreme Court”) entirely dismissed the appeal of Janssen-Cilag (“Janssen”) and its parent company Johnson & Johnson against a judgment of the Paris Court of Appeal (the “Court of Appeal”) of 11 July 2019 in the Durogesic® case. However, this ruling (...)
The Ankara Regional Administrative Court partially annuls a decision by the Competition Authority which imposed restrictive interim measures on an e-commerce platform for alleged abusive self-preferencing conduct (Trendyol)
Until recent times, an interim measure decision of the Turkish Competition Authority (“TCA”) was something hard to come by. However, with the growing prominence of digital markets and the equally strong response from the competition authorities, that situation has changed as well. The latest (...)
The New Zealand Competition Authority files an appeal against a record-breaking fine for misleading consumers calling the fine "manifestly inadequate" (Vodafone)
Commission appeals record $2.25m fine in Vodafone FibreX case*
The Commerce Commission has filed an appeal in the High Court against a record $2.25 million fine imposed on Vodafone NZ Limited (Vodafone) for its offending under the Fair Trading Act during its FibreX advertising campaign.
While (...)
The EU Court of Justice preliminarily determines that discriminatory access to data may constitute an abuse of a dominant position (Enel)
On 12 May 2022, the European Court of Justice ("the Court") delivered a preliminary ruling on abuse of dominance through the exploitation of data. As the historic monopolist, ENEL had access to customer data which it used to strengthen its position.
Key takeaways ENEL prevented its (...)
The Paris Court of Appeal rules that a Big Tech firm did not abruptly terminate a contract with an advertising partner because the termination was objectively justified and a legitimate exercise of commercial freedom (Ulysse / Google)
On March 11, 2022, the Paris Court of Appeals overturned in its entirety a May 31, 2019 judgment of the Paris Commercial Court, which had ordered Google to compensate an advertiser, Ulysse Service (’Ulysse’), for the abrupt termination of established commercial relationships. In this case, the (...)
The Croatian High Administrative Court strikes out a claim by a food wholesaler which sought to overturn a fine for the implementation of unfair trade practices (Kaufland Hrvatska)
UTPS: ANOTHER LEGALLY VALID DECISION: HIGH ADMINISTRATIVE COURT DISMISSES APPEAL OF RE-SELLER KAUFLAND*
The High Administrative Court of the Republic of Croatia dismissed the appeal of the re-seller Kaufland Hrvatska k.d. from Zagreb and upheld the ruling of the Administrative Court in Zagreb (...)
The Brazilian Competition Authority suspends exclusivity contracts on wellness platforms market (Gympass / Totalpass)
The Administrative Council for Economic Defence (CADE) has prohibited corporate wellness platform Gympass from executing exclusivity contracts with its clients. In its decision, the CADE considered such arrangements as potentially exclusionary as they prevent new entrants in the market from (...)
The UK Competition Authority grants a claim for damages against a railway company (Achilles / Network Rail Infrastructure)
The Competition Appeal Tribunal (CAT) has granted a claim for damages by Achilles Information Limited (“Achilles”) against Network Rail Infrastructure Limited (“Network Rail”).
The Judgment is the CAT’s first damages award arising from a standalone claim since 2016, and follows the CAT’s earlier (...)
The Larnaca District Court issues an award of €257K to a grain distributor and retailer as compensation for suffering from predatory pricing (AGS Agrotrading / Cyprus Grain Commission)
Cyprus Courts issue their first judgment awarding civil law damages for breach of competition laws.
In the first decision issued by the Cyprus Courts on damages to a corporation as a result of infringement of competition laws, the Larnaca District Court awarded on 9 February 2022 the total (...)
The EU General Court rejects an appeal to overturn a Commission decision which made the commitments of a gas company binding to address concerns on the wholesale supply of gas in Central and Eastern Europe (Gazprom)
The General Court dismisses the action brought against a decision by the Commission to make binding on Gazprom commitments proposed by the latter in order to address competition concerns raised by the former in relation to the national markets for the upstream wholesale supply of gas in the (...)
The EU General Court overturns the Commission’s decision to fine a semiconductor chip manufacturer €1.06 billion for abusing its dominant position (Intel)
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 General Court annuls a fine of EUR 1.06M against a semiconductor chip manufacturing company based on economic evidence (Intel)
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 in part the Commission’s decision imposing a fine of €1.06B on the world’s largest semiconductor chip manufacturer (Intel)
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 confirms the critical role of robust economic analysis in abuse of dominance cases (Intel)
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 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)
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 annuls a Commission’s decision finding that rebates granted by a large semiconductor chip manufacturer resulted in an abuse of dominance (Intel)
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 the Commission’s decision that a semiconductor chip manufacturer had abused its dominant position and the Commission’s imposition of a €1.06B fine (Intel)
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 Court of Justice annuls a Commission’s landmark decision fining a semiconductor company €1.06B for abuse of dominant position (Intel)
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 partially annuls the Commission’s decision to impose a €1.06B fine on a semiconductor chip manufacturer for its abuse of dominance (Intel)
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 awards €1.8M compensation in favour of a German telecommunications company against the EU Commission for failure to repay default interest due from wrongful assessment of abuse of dominant position in the Slovak market for broadband (Deutsche Telekom)
The General Court awards Deutsche Telekom compensation in the amount of approximately € 1.8 million for the harm which it suffered as a result of the European Commission’s refusal to pay it default interest on the amount of the fine which it had unduly paid for an infringement of competition (...)
The US State of New York AG leads a multi-State coalition in appealing the District Court’s dismissal of their lawsuit against a social media company for its monopoly (Facebook)
Attorney General James Leads Multistate Coalition in Continuing Fight to End Facebook’s Illegal Monopoly*
NEW YORK – New York Attorney General Letitia James today led a bipartisan coalition of 48 attorneys general from around the nation in continuing to fight to end Facebook’s illegal efforts to (...)
The US District Court for the District of Columbia denies a Big Tech firm’s motion to dismiss the FTC lawsuit alleging an unlawful monopoly acquired through killer acquisitions and barring nascent competitors from their platform (Facebook)
Observations on the Court’s Rejection of Facebook’s Motion to Dismiss the FTC’s Amended Antitrust Complaint*
The FTC filed an antitrust lawsuit against Facebook (now Meta Platforms Inc.). Judge James E. Boasberg dismissed it. The FTC then filed an amended complaint. And the same judge just (...)
The Croatian High Administrative Court upholds the Competition Authority’s decision fining a watermelon re-seller for imposing unfair trading practices (Fragaria)
UTPS: HIGH ADMINISTRATIVE COURT DISMISSES APPEAL OF RE-SELLER FRAGARIA*
The High Administrative Court of the Republic of Croatia dismissed the appeal of the re-seller FRAGARIA and upheld the ruling of the Administrative Court in Zagreb of 16 December 2020 rejecting the claim for cancellation (...)
The Romanian High Court of Cassation and Justice confirms a telecommunications operator abused its dominant position and reduces the fine imposed by the Competition Authority (Vodafone)
The High Court of Cassation and Justice confirmed the abuse of dominant position of Vodafone*
The High Court of Cassation and Justice irrevocably confirmed the violation of the Competition Law by Vodafone which abused of its dominant position in relation with SC Netmaster Communications SRL. (...)
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)
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 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)
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 Commission’s decision to fine a Big Tech company for abusing its dominant position in online search by discriminating against comparison shopping services to favour its own offering (Google Shopping)
Google’s flagship product is the Google search engine, which provides search results to consumers, who pay for the service with their data. Almost 90% of Google’s revenues stem from adverts, such as those it shows consumers in response to a search query. In 2004, Google entered the separate (...)
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)
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 that “self-preferencing” by a Big Tech company can infringe Article 102 TFEU (Google Shopping)
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 Cypriot Administrative Court upholds the Competition Authority’s decision to impose a fine of €2 million for anticompetitive practices in the supply of raw cow milk (Pancyprian Organization of Cattle Farmers)
The Administrative Court has upheld the decision of the Commission for the Protection of Competition and the fine of €2.100.000 imposed on the Pancyprian Organization of Cattle Farmers (POCF) Public Ltd for infringements of the Protection of Competition Law of 2008.*
The Administrative Court of (...)
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)
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 UK Competition Authority along with EU Member States cracks down on excessive pricing in the pharmaceutical sector (Pfizer / Flynn / Actavis)
Competition authorities have been traditionally reluctant to pursue excessive pricing cases since many of them had failed on the facts. However, in recent years, there has been a resurgence of the topic in pharma-related cases.
In particular, the national competition authorities have led the (...)
The EU General Court dismisses the action brought against the Commission’s decision to initiate the formal investigation procedure against two shoe retail companies for transfer pricing (Nike / Converse)
Tax rulings issued to Nike and Converse by the Netherlands tax administration: the General Court dismisses the action brought against the Commission’s decision to initiate the formal investigation procedure*
The Commission complied with the procedural rules, and neither failed to fulfil its (...)
The German Federal Court of Justice rules that a car manufacturer’s selective distribution system limiting the supply of new vehicles and spare parts to tuning services providers is a by-object restriction (Porsche Tuning II)
On 6 July 2021, the German Federal Court of Justice (“FCJ”) upheld an injunction against Porsche and its German distributor (“Porsche” or the ”Defendants”) in favor of an industry association whose members manufacture and distribute customized parts for tuning purposes (the “Association”). The (...)
The German Supreme Court rules that car manufacturers cannot restrict the sales of their cars and spare parts in the tuning industry (Porsche-Tuning II)
In a decision of 6 July 2021, published in September 2021, the German Federal Court of Justice ("FCJ") ruled that restrictive clauses in retail and service agreements between Porsche and its authorised distributors were in breach of competition law. Porsche could not prohibit its authorised (...)
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)
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 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)
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 Dutch Trade and Industry Appeals Tribunal upholds the annulment of the nearly €41M abuse of dominance fine imposed by the Competition Authority against a railway company (Nederlandse Spoorwegen)
On 1 June 2021 the Dutch Trade and Industry Appeals Tribunal (“CBb”), which is the highest administrative court in the Netherlands, upheld the annulment of the nearly € 41 million abuse of dominance fine imposed by the Authority for Consumers and Markets (“ACM”, the Dutch competition authority) on (...)
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 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 Danish Competition Appeals Tribunal upholds a decision by the Competition Authority against the biggest distributor of unaddressed mail for abuse of dominant position by tying its sale of print circulars with its sale of viewing of circulars on several of its digital platforms (FK Distribution)
On the 27th April 2021, the Danish Competition Appeals Tribunal (“DCAT”) upheld a June 2020 decision by the Danish Competition Council (“DCC”). The DCC concluded that FK Distribution (FK), as the biggest distributor of unaddressed mail (print circulars) in Denmark, had abused its dominant position (...)
The Delhi High Court reviews the Competition Authority’s inquiry into a Big Tech company’s data privacy policy (WhatsApp)
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 Delhi High Court upholds the Competition Authority’s order directing an investigation into the privacy policy rolled out by a Big Tech company (WhatsApp)
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 UK Competition Appeal Tribunal confirms the Competition Authority’s settlement policy following the appeal of a musical instrument company (Roland)
Roland UK ("Roland") appealed the level of the penalty imposed by the Competition and Markets Authority ("CMA") for engaging in resale price maintenance ("RPM") in relation to the supply of electronic drums. Roland argued that the Competition Appeal Tribunal ("CAT") should reduce the penalty (...)
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)
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 Turkish Competition Authority closes an investigation against an alcohol manufacturer for alleged abuse of dominance in respect of the ne bis in idem principle (Mey İçki)
In September 2011, the Turkish Competition Authority (the “Authority”) initiated a preliminary investigation against Mey İçki, a subsidiary of Diageo plc. in order to decide whether it violated Article 6 of Law No. 4054 on Protection of Competition (“Law No.4054”) in the Turkish market for rakı (...)
The UK Competition Appeal Tribunal provides guidance for post-Brexit permission to serve out of the jurisdiction applications and confirms that damages occasioned by anti-competitive conduct will not be narrowly construed (Epic Games / Apple / Google)
The Tribunal issued its combined permission to serve out of the jurisdiction judgment in Epic Games v Apple (the Apple Claim) and Epic Games v Google (the Google Claim) on 22 February 2021, declining permission for service on Apple Inc. and granting permission for service for a subset of (...)
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)
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 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)
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 EU Court of Justice upholds the General Court’s ruling finding that an information request issued by the Commission as part of its investigation into a Big Tech company’s predatory pricing practices is valid (Qualcomm)
On 28 January 2021, the European Court of Justice ("ECJ") upheld a ruling of the General Court finding that an information request issued by the EU Commission, as part of its investigation into Qualcomm’s predatory pricing practices, did not breach the principles of necessity and (...)
The EU Court of Justice confirms the Commission’s power to issue a request for additional information after a statement of objections (Qualcomm)
On 28 January 2021, the European Court of Justice (“ECJ”) handed down a judgment in Case C-466/19 P (Qualcomm Inc. and Qualcomm Europe v. European Commission).
Following a complaint submitted in 2010 by Icera Inc., a producer and distributor of soft chipsets which deliver high-performance (...)
The Luxembourg Administrative Tribunal rules for the first time on the Competition Authority’s competence in matters of ex post control of concentrations in the energy sector (Fédération des Artisans / Encevo / Enovos Luxembourg / Paul Wagner / Fils)
I. Introduction
On January 25, 2021 the Administrative Tribunal of the Grand Duchy of Luxembourg (hereinafter the “Administrative Tribunal”) rendered a judgment ruling for the first time on the competence of the Competition Council of the Grand Duchy of Luxembourg (hereinafter the “Competition (...)
The Danish Maritime and Commercial High Court confirms the Competition Authority’s decision stating that a German engine manufacturer abused its dominant position (Deutz / Diesel Motor Nordic)
Danish Maritime and Commercial High Court: Deutz and Diesel Motor Nordic infringed competition legislation by preventing the supply of spare parts for the IC3-trains*
On 11 January 2021, the Maritime and Commercial High Court has confirmed that Deutz abused its dominant position by refusing to (...)
The Danish Maritime and Commercial High Court upholds the Competition Authority’s decision finding an abuse of dominance and an anti-competitive agreement between a German internal combustion engine manufacturer and its national distributor in the railway sector (Deutz / Diesel Motor Nordic)
The case centred around a consortium that was handling the renovation of the engines of the IC3 trains of the Danish State Railways. A member of the consortium, Fleco ApS (Fleco), was in several ways restricted from buying spare parts to be used in the renovation of the train engines.
The (...)
The Danish Maritime and Commercial High Court confirms a decision of the Competition Authority finding that a German internal combustion engine manufacturer had both abused its dominant position and entered into an anti-competitive agreement with its Danish dealer (Deutz / Diesel Motor Nordic)
On 11 January 2021, the Danish Maritime and Commercial High Court (“MCC”) confirmed a decision of the Danish Competition Council (“DCC”) finding that the German internal combustion engine manufacturer Deutz had both abused its dominant position and entered into an anti-competitive agreement with (...)
The 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)
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 Croatian Administrative Court upholds the Competition Authority’s decision that fined a fruits and vegetable company for the imposition of unfair trading practices (NTL)
UTPS: Administrative Court upholds CCA decision sanctioning NTL 450,000 kuna for imposition of unfair trading practices*
The Administrative Court in Zagreb completely rejected the statement of claim of Narodni trgovački lanac d.o.o. (NTL) in the administrative dispute against the decision of (...)
The Croatian Administrative Court upholds the Competition Authority’s decision fining watermelon re-seller for imposition of unfair trading practices (Fragaria)
UTPS: Administrative court upholds CCA decision sanctioning Fragaria 350,000 kuna for imposition of unfair trading practices*
On 16 December 2020 the Administrative Court in Zagreb completely rejected the statement of claim of the re-seller Fragaria d.o.o. in the administrative dispute (...)
The Czech Competition Authority rejects an appeal from a collecting society for music authors and confirms the fine for abuse of dominant position (OSA)
The Czech Office for the Protection of Competition ("Office") published a press release (without publishing the full decisions yet) regarding the rejection of the appeal of the collecting society for music authors’ rights OSA - Ochranný svaz autorský pro práva k dílům hudebním, z.s. ("OSA"), and (...)
The EU Court of Justice states that the fee structure for music played at festivals adopted by a collecting society is not necessarily abusive (SABAM)
On 25 November 2020, the Court of Justice of the European Union (the CJEU) delivered a judgment in case C-372/19 holding that the fee structure for music played at festivals adopted by collecting societies such as SABAM is not necessarily abusive under Article 102 TFEU. The case had come before (...)
The EU Court of Justice rules that the fee structure for music played at festivals adopted by a Belgian collecting society is not abusive (SABAM)
On 25 November 2020, the Court of Justice ((“ECJ”) delivered a judgment in Case C-327/19, ruling that the fee structure for music played at festivals adopted by the Belgian collecting society SABAM is not necessarily abusive under Article 102 TFEU.
The case came before the ECJ by way of a (...)
The Brussels Court of Appeal annuls the Competition Authority’s decision rejecting a football club’s request for interim measures (Virton / RBFA) Free
In a judgment delivered on 19 November 2020, the Markets Court of the Brussels Court of Appeal (Marktenhof / Cour des marchés) (the Markets Court) annulled the decision adopted on 29 June 2020 by the Competition College (Mededingingscollege / Collège de la concurrence) of the Belgian Competition (...)
The Belgian Competition Authority imposes interim measures requested by a football club following an appeal judgment (Virton / RBFA)
On 19 November 2020, the Competition College (Mededingingscollege / Collège de la concurrence) of the Belgian Competition Authority (Belgische Mededingingsautoriteit / Autorité belge de la Concurrence - the BCA) imposed interim measures on the Royal Belgian Football Association (the RBFA) at the (...)
The Turkish Competition Authority re-examines allegations of exclusionary practices in the healthcare sector (Siemens)
Upon the Ankara 7 th Administrative Court’s annulment its 2016 decision , the Competition Board (“Board”) re-examined the allegations against Siemens Healthcare Sağlık A.Ş. (“Siemens”) concerning abuse of dominance by way of excluding the competitors, engaging in discriminatory practices, and (...)
The EU General Court maintains the Commission’s decision finding that a Lithuanian railway company abused its dominant position in the national rail freight sector (Lietuvos geležinkelai)
On 18 November 2020, the General Court (“GC”) issued its judgment confirming the European Commission’s (“Commission”) decision to fine Lithuanian Railways for the abuse of its dominant position on the Lithuanian rail freight market. The GC rejected all of the appellant’s complaints, but reduced the (...)
The EU General Court upholds the Commission’s decision finding that the national railway company of Lithuania abused its dominant position in the national rail freight market (Lietuvos geležinkelai)
The General Court upholds the Commission’s decision finding that the national railway company of Lithuania abused its dominant position on the Lithuanian rail freight market*
Lietuvos geležinkeliai AB (‘LG’), the national railway company of Lithuania, both manages railway infrastructure and (...)
The EU General Court confirms the Commission’s decision finding that a national rail company abused its dominant position on the market (Lietuvos geležinkelai)
The Factors Affecting the Use of Essential Facilities Doctrine in Light of the Lithuanian Railway v Commission Decision: A Comparison with the Turkish Practice and Potential Implications
1) Introduction
On November 18, 2020, the General Court of the European Union (“General Court”) upheld the (...)
The Hungarian Supreme Court upholds Competition Authority’s finding that a food retail company has abused its dominance (Auchan)
The GVH won the case against Auchan at the Curia of Hungary*
Budapest, 13 November 2020 - The Curia of Hungary upheld in its entirety the GVH’s decision to impose a record fine of more than one billion forints. Thus, it has now become final that Auchan has abused its significant market power. (...)
The German Federal Court of Justice rules on the burden of proof for showing exhaustion of trademark right (Amazon / Coty)
On 15 October 2020, the German Federal Court of Justice (“FCJ”) issued a judgment on the burden of proof for showing the exhaustion of trademark rights in a case pitting Coty against Amazon.
After having made a test purchase from Amazon of two bottles of a perfume bearing the “JOOP!” trademark on (...)
The French Supreme Court confirms that the incumbent horse race betting operator abused its dominant position (PMU)
On 14 October 2020, the French Supreme Court (“Cour de Cassation”) confirmed the Court of Appeals’ finding that horserace-betting company Pari Mutuel Urbaine (“PMU”) abused its dominant position in the market for physical horserace betting by pooling bets with those in the online market. (...)
The Paris Court of Appeal confirms the Competition Authority’s decision ordering a search engine to negotiate with news agencies and press publishers (Google)
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 Brussels Court of Appeal partially annuls a decision imposing a record fine on a telecommunications company for a margin squeeze abuse of dominance (Proximus)
On 7 October 2020, the Markets Court of the Brussels Court of Appeal (Marktenhof / Cour des marchés) (the Markets Court) partially annulled the decision of 26 May 2009 (the 2009 Decision), for lack of admissible evidence, by which the Belgian Competition Authority (Belgische (...)
The Turkish Administrative Court upholds the fines imposed by the Competition Authority on two electricity sales companies for abuse of dominance (Rescs / Ayedas)
(1) Introduction
In 2018, in its Enerjisa decision, the Turkish Competition Board (“ Board ”) had imposed administrative fines amounting to a total of TRY 143 million on three retail electricity sales companies (namely AYESAŞ, BAŞKENT and TOROSLAR) (together, the “ RESCs ”) and one electricity (...)
The US Court of Appeals for the Federal Circuit reverses a judgment that upheld “skinny labels” and allowed a generic medicine to launch on uses not covered by a patent (GlaxoSmithKline / Teva)
On October 2, 2020, the U.S. Court of Appeals for the Federal Circuit vacated a district court’s judgment in favor of defendant Teva in a case involving “skinny labels.” GlaxoSmithKline LLC v. Teva Pharm. USA, Inc., 976 F.3d 1347 (Fed. Cir. 2020). When a drug can be used to treat multiple (...)
The Albanian Administrative Court of First Instance in Tirana ascertains the abuse of the dominant position by the national football federation (Albanian Football Federation)
Republic of Albania Competition Authority*
The Competition Authority informs that: Today on 21.09.2020, the Administrative Court of First Instance in Tirana decided:
To uphold the Competition’s Commission Decision no. 693, dated 14.05.2020 "To ascertain the abuse of the dominant position of (...)
The EU Court of Justice AG Saugmandsgaard Øe advises dismissing the parties’ challenges to the Commission’s finding of abuse of dominance on the Slovak broadband services market (Slovak Telekom) (Deutsche Telekom)
On 9 September 2020, Advocate General (“AG”) Saugmandsgaard Øe issued his opinion in Deutsche Telekom v. European Commission (Case C-152/19) and Slovak Telekom v. European Commission (Case C-165/19) advising the Court of Justice (“ECJ”) to dismiss the parties’ challenges to the Commission’s finding (...)
The EU Court of Justice AG Saugmandsgaard Øe recommends the Bronner legal test to be limited to ’refusals to make available’ (Slovak Telekom) (Deutsche Telekom)
Advocate General (‘AG’) Saugmandsgaard Øe recommends the European Court of Justice (‘ECJ’) to (i) rule that the test included in the Bronner Judgment – including the indispensability requirement – should only be applied in specific circumstances (i.e., in case of ‘refusals to make available’), and (...)
The 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)
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 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)
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)
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)
On August 11, 2020, the U.S. Court of Appeals for the Ninth Circuit decisively reversed the Federal Trade Commission’s (FTC or Commission) controversial district court win challenging Qualcomm’s licensing practices. In rejecting every aspect of the lower court’s decision, the Ninth Circuit panel (...)
The US Court of Appeals for the Ninth Circuit overturns a ruling finding that a semiconductor company’s licensing practice abused its dominant position (Qualcomm)
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 Italian Council of State refers to the EU Court of Justice questions concerning the interpretation and application of Art. 102 TFEU following an abuse of dominance in the electricity market (Enel)
On 20 July, the Italian Supreme Administrative Court (Consiglio di Stato, CDS) referred to the Court of Justice (CJ) several questions concerning the interpretation and application of Article 102 TFEU.
In the context of the dispute following the Italian Competition Authority’s decision to (...)
The EU Court of Justice AG Pitruzzella offers guidance on method for calculating royalties that may lead to a finding of abuse of a dominant position (SABAM)
On 16 July 2020, Advocate General (“AG”) Pitruzzella issued an opinion in Case C-327/19, advising the Court of Justice of the European Union (“ECJ”) on whether the method for calculating royalties used by SABAM, the Belgian collecting society, amounts to an abuse of a dominant position under (...)
The 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)
On June 23, 2020, the Federal Court of Justice (“FCJ”) overturned the Düsseldorf Court of Appeals’ (“DCA”) interim decision and rejected Facebook Inc.’s (“Facebook”) request to suspend the enforceability of the Federal Cartel Office’s (“FCO”) prohibition decision. The FCJ disagreed with the FCO’s (...)
The German Federal Court of Justice provisionally confirms an allegation against a social media company for abusing its dominant position (Facebook)
Federal Court of Justice provisionally confirms allegation of Facebook abusing dominant position*
Facebook uses terms of service that also allow for the processing and use of user data that are collected online outside the Facebook platform. The Bundeskartellamt prohibited Facebook from (...)
The German Federal Court of Justice preliminarily confirms that an online platform abused its dominant position on the national market of social networks (Facebook)
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)
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 German Federal Court of Justice rejects an appeal against the prohibition of exclusivity clauses in online sales of event tickets (CTS Eventim)
In December 2017, the German Federal Cartel Office (“FCO”) prohibited ticketing services provider CTS Eventim from using exclusivity agreements with event organisers and ticket offices. CTS Eventim had to amend its contractual clauses and allow trading partners to sell at least 20% of their (...)
The Beijing Intellectual Property Court rules that a national audio-video copyright association did not abuse its dominant position (KTV / CAVCA)
Antitrust litigations concerning intellectual property rights increased in 2020. Among notable cases, the case of eight KTV v. China Audio Video Copyright Association (“CAVCA”) for its abuse of dominance attracted particular attention.
Background
In this case, the plaintiffs of eight KTV (...)
The Amsterdam Court of Appeal rules that there is no abuse of dominance by one of the largest national real estate agencies in the online housing market (VBO / NVM / Funda)
In its judgment, on the 26th May 2020, the Amsterdam Court of Appeal (‘the Court’) ruled that there is no abuse of Funda’s dominant position. The Court hereby dismissed the claim which had been filed by VBO Estate Agents in The Netherlands against Funda. This judgment ended a six-year-old dispute (...)
The Amsterdam Court of Appeal dismisses a claim that a real estate agency’s self-preferencing strategy is abusive because the competitive position remained unaffected (VBO / NVM / Funda)
On 26 May 2020, the Amsterdam Court of Appeal (the “Court”) handed down its judgment in the dispute between the real estate agent association VBO (“VBO”) and Funda Real Estate (“Funda”) and the Dutch Association of Real Estate Agents (“NVM”). The Court upheld the judgment of the District Court finding (...)
The Turkish Regional Administrative Court annuls the Competition Authority’s decision that concluded a violation but no fine because the same action and subject had already previously been fined (Mey İçki)
The Regional Administrative Court Found the Turkish Competition Authority’s Decision concerning Mey İçki Unlawful: Abuse of the Dominance Should Be Evaluated Separately in terms of Each Product Market!*
Introduction
The Ankara Regional Administrative Court’s 8th Administrative Chamber (“Regional (...)
The German Federal Court of Justice clarifies obligations of parties in SEP licensing negotiations on FRAND terms (Sisvel / Haier)
In its judgment of 5 May 2020, the Federal Court of Justice (“FCJ”) overturned the appeal ruling of the Higher Regional Court of Düsseldorf (the “Düsseldorf Court”) and found that Haier’s mobile telephones and tablets infringed Sisvel’s standard-essential patent (“SEP”) and that Sisvel had not abused (...)
The Italian Court of Cassation rules on the limitation period of antitrust damages claims in two judgments in the telecommunications sector (Uno Communications / Telecom Italia) (Uno Communications / Vodafone Italia)
1.- Introduction
By judgements issued on the 27th of February, 2020, No. 5381, and on the 3rd of April 2020, No. 7677, the Italian Court of Cassation (Corte di Cassazione) ruled that the antitrust damages claims brought by Uno Communications S.p.A. against Vodafone Italia S.p.A. and Telecom (...)
The Dutch Competition Authority expresses its satisfaction with commitments made by a pharmaceutical company regarding the supply of testing material for a drug test (Roche)
On 3 April 2020, the Dutch competition authority (Autoriteit Consument en Markt or “ACM”) published a press release expressing its satisfaction with commitments made by Roche Diagnostics (“Roche”) regarding the supply of testing materials for the SARS- CoV-2 test.
Roche, which the ACM says has a (...)
The Dutch Trade and Industry Appeals Tribunal annuls the Competition Authority decision requiring telecommunications providers to open networks (KPN / VodafoneZiggo / T-Mobile / Tele2)
On 17 March 2020, the Dutch Trade and Industry Appeals Tribunal (“Appeals Tribunal”) reversed a decision of the Authority for Consumers & Markets (“ACM”) which required telecommunications provider KPN and cable provider VodafoneZiggo to open their fixed networks to other providers. On 27 (...)
The Dutch Trade and Industry Appeals Tribunal reverses a decision of the Competition Authority requiring telecom providers to open up their fixed networks in the Netherlands to other providers (KPN / VodafoneZiggo / T-Mobile / Tele2)
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 Italian Supreme Administrative Court rejects an appeal lodged by a multinational drug company against a previous decision asserting it as having abused its dominant position by imposing unfair prices for drugs (Aspen)
On 13 March, the Italian Supreme Administrative Court ("Consiglio di Stato") rejected the appeal lodged by the multinational Aspen Group against the decision of the Regional Administrative Court of Lazio (“TAR”), which fully upheld the decision adopted by the Italian Competition Authority (“ICA”) (...)
The Indian National Company Law Appellate Tribunal upholds the Competition Authority’s order against an American electronic payment supplier for abusing its dominant position in the markets for POS terminals and electronic ticketing machines (Verifone)
NCLAT upholds CCI’s orders against Verifone for abuse of dominance in the market for Point of Sale (“POS”) terminals and Electronic Ticketing Machines (“ETM”) in India.*
Key points
Verifone abused its position of dominance in the market for POS and ETM by imposing restrictive conditions within the (...)
The Indian National Company Law Appellate Tribunal upholds the Competition Authority’s order dismissing allegations of abuse of dominance in the market for industrial bearings (Asmi / SKF)
KEY POINTS
Given that the conduct related to a period prior to May 20, 2009, the CCI had no jurisdiction to investigation. Further, during the concerned period, none of the players in the relevant market enjoyed a position of strength for a long duration. Even thereafter, in 2015-16, domestic (...)
The UK Court of Appeal dismisses the Competition Authority’s appeal against a ruling quashing the fines imposed on two pharmaceutical companies for charging excessive and unfair prices for an anti-epilepsy drug (Pfizer / Flynn)
On 10 March 2020, the UK’s Court of Appeal dismissed the Competition and Market Authority’s (“CMA”) appeal against a 2018 ruling by the Competition Appeals Tribunal (“CAT”) that quashed the CMA’s 2016 fine imposed on Pfizer and Flynn for charging excessive and unfair prices for phenytoin sodium (an (...)
The UK Court of Appeal considers the test for excessive pricing after an undertaking had charged unfairly high prices for phenytoin sodium capsules (Pfizer / Flynn)
Introduction
In December 2016, the UK’s Competition and Markets Authority (CMA) found that Pfizer and Flynn had charged unfairly high prices for phenytoin sodium capsules, an important anti-epilepsy drug, in breach of competition law. The CMA imposed fines totalling £90 million. Pfizer and Flynn (...)
The UK Court of Appeal imposes agency discretion in the methodology to establish the unfairness of prices, thereby increasing the burden of proof on companies to avoid a finding of excessive pricing (Pfizer / Flynn)
The UK Court of Appeal Overturns the CAT & Imposes Agency Discretion on Excessive Price Benchmark*
On March 10, 2020, the England and Wales Court of Appeal (CoA) handed down a significant ruling that reintroduces agency discretion in the methodology used to establish the unfairness of (...)
The UK Court of Appeal seeks to reinstate record fines imposed on pharmaceutical companies for abuse of dominant position through excessive and unfair pricing of an anti-epilepsy drug (Pfizer / Flynn)
On 10 March 2020 the UK Court of Appeal handed down its hotly anticipated judgment in Flynn Pharma Limited & Anr vs Competition and Markets Authority. The UK Competition and Markets Authority (CMA) was seeking to reinstate record fines totalling £89.4m imposed on pharmaceutical companies (...)
The UK Competition Authority welcomes the England and Wales Court of Appeal’s judgment, calling it an important step forward in clarifying the legal test for excessive and unfair pricing (Pfizer / Flynn)
CMA welcomes Court of Appeal judgment in Phenytoin case*
The CMA welcomes today’s Court of Appeal judgment, calling it an important step forward in clarifying the legal test for excessive and unfair pricing.
The Competition and Markets Authority (CMA) will now carefully review the elements (...)
The UK Court of Appeal upholds the Competition Appeal Tribunal’s quashing of the Competition Authority’s decision against pharmaceutical undertakings who had allegedly abused their dominant position by pricing their epilepsy drug unfairly (Pfizer / Flynn)
On 10 March 2020 the Court of Appeal upheld the Competition Appeal Tribunal’s (CAT) quashing of the Competition and Markets Authority’s (CMA) decision that Pfizer and Flynn Pharma (Flynn) had abused their dominant positions in the market by pricing their epilepsy drug unfairly. Among other (...)
The UK Court of Appeal provides guidance regarding the legal test to determine whether pricing is excessive and unfair in the pharmaceutical market (Pfizer / Flynn)
The UK Court of Appeal Clarifies the Legal Test for Excessive Pricing*
Under Article 102 of the Treaty on the Functioning of the European Union (“TFEU”), an undertaking may abuse its dominant position by “directly or indirectly imposing unfair purchase or selling prices”. The UK Court of Appeal (...)
The UK Court of Appeal provides guidance on the legal test for excessive and unfair pricing after finding that an undertaking is charged unfairly high prices for phenytoin sodium capsules (Pfizer / Flynn)
Under Article 102 of the Treaty on the Functioning of the European Union (“TFEU”), an undertaking may abuse its dominant position by “directly or indirectly imposing unfair purchase or selling prices”. The UK Court of Appeal recently provided guidance regarding the legal test to determine whether (...)
The Danish Maritime and Commercial Court finds a medicine distributor guilty of abusing its dominant position (CD Pharma)
On 3 March 2020, the Danish Maritime and Commercial Court found a medicine distributor, CD Pharma AB, guilty of having abused its dominant position back in 2014. Due to its dominant position, the undertaking in question had a special responsibility not to harm competition – a responsibility that (...)
The EU General Court hears an appeal against an abuse of dominance decision in online comparison shopping services (Google Shopping)
Background
On 27 June 2017, the European Commission imposed a record fine of 2.42 billion euros to Google for abuse of dominant position under Article 102 TFEU consisting in self-favouring its own Comparison Shopping Service (“CSS”) by displaying it more prominently and under enriched features (...)
The EU General Court hears an appeal following an abuse of dominance decision involving online comparison shopping services (Google Shopping)
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 Turkish Administrative Court annuls the fines imposed by the Competition Authority due to failure to establish the required standards for competition law infringement in excessive pricing cases (Sahibinden.com)
This case note analyses Ankara 6th Administrative Court’s (the “Administrative Court”) annulment judgment (18.12.2019; 2019/946 E., 2019/2625 K.) through which the Administrative Court reviewed the Turkish Competition Board’s (the “Board”) decision dated 01.10.2018 and numbered 18-36/584-285, (...)
The Turkish Administrative Court annuls a Competition Authority’s decision assessing excessive pricing in the online market and provides guidance on the standard of proof to be followed by the Authority (Sahibinden.com)
The standard of proof plays a significant role during the process of the investigations performed within the framework of the competition law. However, no explicit provision regarding the standard of proof which shall be taken as basis in the preliminary and full-fledged investigations carried (...)
The German Federal Court provides further guidance on abusive ad blocking and holds that it may constitute abuse of dominance (Ad Blocker IIIa)
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 UK Competition Appeal Tribunal upholds Ofcom’s fine against the national postal service for price discrimination (Royal Mail / Whistl)
The UK’s Competition Appeal Tribunal upholds the Ofcom’s record £50 million fine against Royal Mail for price discrimination against Whistl, a competitor in the market for the processing of bulk mail.On 12 November 2019, the UK’s Competition Appeal Tribunal (CAT) upheld the UK communication (...)
The Turkish Competition Authority experts impose administrative fines on undertakings to ensure the protection of competition (Google)
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)
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 Rotterdam District Court annuls a €41 million fine imposed by the Dutch Competition Authority on a railway operator for allegedly abusing its dominant position (Nederlandse Spoorwegen)
ABUSE OF DOMINANCE FINE OF € 41 MILLION FOR DUTCH RAILWAY OPERATOR ANNULED*
Introduction
The Authority for Consumers and Markets (“ACM“, the Dutch competition authority) was in 2017 – after years of silence – finally able to fine an undertaking for abuse of dominance. A heavy fine of almost € 41 (...)
The Czech Supreme Court confirms that invoking trademark rights to prevent parallel imports can amount to an abuse of dominance (Fiskars / Mountfield)
On 29 May 2019, the Supreme Court (SC) partially granted an extraordinary appealed lodged by Mountfield against the previous judgment of the High Court in Prague of 23 May 2017 (Ref.No. 3 Cmo 132/2016) in a dispute with Fiskars concerning an alleged violation of Firskars’ rights to trademarks (...)
The Brussels Court of Appeal asks the EU Commission to provide advice and information regarding the tariffs for concerts and music festivals of a copyright collecting society (SABAM)
On 10 May 2019, by interim judgment, the Brussels Court of Appeal asked the European Commission to provide advice and information regarding the tariffs for concerts and music festivals of SABAM – the Belgian copyright collecting society – in light of the prohibition to abuse a dominant position (...)
The Turkish Competition Authority fines a company for resale price maintenance after the Council of State annulled its first decision finding no infringement regarding prepaid card prices (Turkcell II)
The Turkish Competition Board published its reasoned decision on an additional investigation on whether Turkcell İletişim Hizmetleri A.Ş. has violated the Law No. 4054 on the Protection of Competition through resale price maintenance and exclusivity practices (19-03/23-10; 10.01.2019). The (...)
The EU General Court slightly reduces the fine in a case of abuse of dominance in the telecom sector to account for the Commission’s failure to establish exclusionary effects over a limited period (Slovak Telekom)
On 13 December 2018, the General Court (the “GC”) issued a judgment upholding in large part an October 2014 decision of the European Commission (the “Commission”) against Slovak Telekom, in which it found that Slovak Telekom had abused its dominant position by engaging in a constructive refusal to (...)
The Danish Competition Appeals Tribunal upholds the decision fining a pharmaceutical distributor for excessive pricing (CD Pharma)
On 29 November 2018, the Danish Competition Appeals Tribunal upheld a 31 January 2018 decision of the Danish Competition Authority (“DCA”) finding that CD Pharma abused its dominant position on the Danish market by charging excessive prices for the sale of oxytocin, a hormone that acts as a (...)
The UK Court of Appeal upholds a decision qualifying an essential patent offer to be FRAND (Unwired Planet / Huawei)
UK COURT OF APPEAL UPHOLDS FRAND INJUNCTION*
Last week, the UK Court of Appeal upheld the findings of the High Court in an important case regarding standard essential patents (SEPs). Of particular significance, the Court of Appeal upheld the finding that the defendant, an implementer of SEPs, (...)
The Indian National Company Law Appellate Tribunal reverses the Competition Authority’s decision which penalized a company for imposing anti-competitive vertical restraints in the manufacturing vehicle sector (Hyundai)
NCLAT quashes CCI order punishing Hyundai for Resale Price Maintenance and Tying-in*
The National Company Appellate Tribunal (“NCLAT/ Tribunal ”) by way of an order dated August 19, 2018 , has set aside the CCI Order dated June 14, 2017 against Hyundai Motors India Ltd. (“Hyundai”) which (...)
The Slovenian Administrative Court confirms a substantial part of a decision in a case related to abuse of dominance (Telekom Slovenije)
INTRODUCTION
On 9 January 2018, the Administrative Court of the Republic of Slovenia (hereinafter referred to as the Court) ruled in case I U 423/2015-48, brought by Telekom Slovenije against the Slovenian Competition Protection Agency’s (hereinafter referred to as SCPA) decision no. (...)
The Canadian Supreme Court dismisses an appeal and upholds the Court of Appeal’s order requiring a professional association to stop restricting its members’ use of real estate data (Toronto Real Estate Board)
Court order upheld requiring TREB to stop restricting its members’ use of real estate data*
The Competition Bureau today welcomes the Supreme Court of Canada’s (SCC) dismissal of the Toronto Real Estate Board’s (TREB) application seeking leave to appeal a December 2017 decision from the Federal (...)
The Austrian Supreme Court confirms that charging different prices for tickets booked via a global distribution system depending on the location of the customer/travel is abusive (Lufthansa)
Introduction
On 17 July 2018 the Austrian Supreme Court in competition matters (Oberster Gerichtshof als Kartellobergericht; hereinafter: “Supreme Court”) confirmed a cease and desist order prohibiting Lufthansa from abusing its dominant position by charging different ticket prices based on the (...)
The UK Competition Appeal Tribunal announces its provisional judgment in an appeal against the Competition Authority’s infringement decision in an excessive price case (Pfizer / Flynn)
I. Introduction
In the last couple of years, there has been a trend for antitrust watchdogs around the world to investigate excessive pricing, especially in the pharmaceutical sector. Last year, the European Commission opened its first investigation into excessive pricing in the pharmaceutical (...)
The UK Competition Appeal Tribunal finds an incorrect application of the legal test for dominance and quashes the Competition Authority’s record fines imposed on two pharmaceutical companies for charging excessive prices for an anti-epilepsy drug (Pfizer / Flynn)
EXCESSIVE PRICE? COMPARED TO WHAT?*
On 7 June 2017, the Competition Appeal Tribunal (“CAT”) set aside parts of the Competition & Market Authority’s (“CMA”) decision in relation to the CMA’s finding that Pfizer and Flynn charged excessive and unfair prices for phenytoin sodium capsules and (...)
The UK Competition Appeal Tribunal partly annuls the Competition Authority’s decision that pharmaceutical companies abused their dominant position by setting excessive and unfair prices for an epilepsy drug (Pfizer / Flynn)
This article has been nominated for the 2019 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards.
On 7 June 2018, the Competition Appeal Tribunal (CAT) set aside in part the 2016 decision of the Competition and Markets Authority (CMA) that Pfizer and Flynn (...)
The Higher Commercial Court of Ukraine confirms a fine on a company for exploitative practices in certain national airports (Lukoil)
Headnote:
In December 2014, Ukraine International Airlines PJSC (UIA) submitted a complaint against Lukoil Aviation Ukraine LLC (Lukoil) to the Antimonopoly Committee of Ukraine (AMC). Having reviewed the complaint and conducted relevant investigation, the AMC imposed fine on Lukoil in the (...)
The Moldovan Competition Authority orders a municipal administration to annul its discriminatory regulations on the location of street vending units (Chisinau Municipal Council)
On 24 May 2018, the Competition Council of the Republic of Moldova (CC) found the Chisinau Municipal Council (CMC) in violation of Competition Act for imposing restrictions on the location of the street vending units .
The CC’s investigation was prompted by the complaint of Alitela Prim SRL (...)
The Spanish Supreme Court orders restarting the investigation of a complaint about abuse of dominant position (Oracle)
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 US Court of Appeals for the Third Circuit finds that the entry of ride-sharing firms into the local taxi market increased rather than decreased competition (Philadelphia Taxi Association / Uber)
Third Circuit Rules in Uber’s Favor over Philadelphia Taxi Association*
In a recent decision, the Third Circuit upheld a November 2016 district court decision to dismiss a complaint by the Philadelphia Taxi Association and 80 taxi companies, finding that there was no violation of antitrust (...)
The Polish Supreme Court examines a case of non-compliance with a decision of the Competition Authority finding an abuse of dominant position (PKP Cargo)
In the judgement of 7 March 2018 (III SK 6/17), the Polish Supreme Court (“SC”) examined the case of non-compliance with the decision of the President of the Office of Competition and Consumer Protection (“NCA”) on the abuse of a dominant position by PKP Cargo, Poland’s largest railway freight (...)
The Paris Court of Appeal fines an online platform for selling products without being part of the selective distribution network of the producer (Coty / Showroomprive.com)
On 28 February 2018, the Paris Court of Appeal (the “Court”) released its judgment in an appeal related to a dispute between Coty France (“Coty”), a producer of branded luxury cosmetics including, in particular, perfumes, and Showroomprive.com, an online platform specialised in the sales of branded (...)
The Moldovan Supreme Court of Justice quashes the infringement decision of the Competition Authority concerning refusal to deal in the airport services market (Avia Invest)
On 21 February 2018, the Supreme Court of Justice (SCJ) of the Republic of Moldova has quashed the decision issued by the Competition Council (CC) in a case concerning the alleged refusal to deal on the market for lease of commercial premises at the Chisinau International Airport (KIV).
SRL (...)
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)
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 Moldovan Supreme Court of Justice quashes a Competition Authority’s decision regarding refusal to supply in the context of public procurement of pharmaceutical products (Esculap-Farm)
On 25 October 2017 the Supreme Court of Justice (SCJ) of the Republic of Moldova has quashed the decision issued by the Competition Council (CC) in a case concerning the refusal to supply pharmaceutical products purchased in the context of public procurement by public hospitals and other public (...)
The Moldovan Supreme Court of Justice upholds the NCA decision concerning refusal to supply in the context of public procurement of pharmaceutical products (Medeferent)
On 4 October 2017 the Supreme Court of Justice (SCJ) of the Republic of Moldova has upheld the decision issued by the Competition Council (CC) in a case concerning the refusal to supply pharmaceutical products purchased in the context of public procurement by public hospitals and other public (...)
The EU Court of Justice revisits forty years of case law on when a dominant company’s rebate scheme may be abusive (Intel)
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)
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 endorses an effects-based assessment of rebates (Intel)
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 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)
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 EU Court of Justice issues a landmark judgment on the legal treatment of fidelity rebates granted by dominant companies (Intel)
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 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)
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 Italian Regional Administrative Court for Latium upholds the infringement decision made by the Competition Authority against a pharmaceutical laboratory for excessive pricing (Aspen)
By the judgement handed down in Aspen v AGCM , the Regional Administrative Court of Latium (the Court) has recently determined the appeal lodged by a South African manufacturer of generic drugs, Aspen, against the 2016 decision made by Italian Competition Authority (ICA), rejected all the (...)
The US Court of Appeals for the Tenth Circuit affirms a lower court’s decision and dismisses the complaint due to difficulties to prove the possessed market power and the adverse effects on competition (Suture Express / Cardinal Health / Owens & Micro)
In an antitrust case involving bundled discount on sutures, the United States Court of Appeals for the Tenth Circuit affirmed a lower court decision granting summary judgment in favor of defendants Cardinal Health 200, LLC and Owens & Micro Distribution, Inc. The Tenth Circuit held that (...)
The Indian Competition Authority opens an investigation into bid-rigging by a state government department (Government of Haryana Public Works Department)
CCI initiates investigation against Public Works Department (PWD), Government of Haryana*
CCI by its order dated 27 February 2017 has initiated investigation against PWR, Govt. of Haryana for abuse of dominance in relation to inviting of bids for construction of rail over bridge in Karnal (...)
The Swedish Patent and Market Court upholds a decision by the Competition Authority to fine a tobacco company for abuse of dominance (Swedish Match)
Swedish Competition Authority: Tobacco company Swedish Match fined for abuse of market power*
The Patent and Market Court in Sweden has ruled that Swedish Match, a producer of snus tobacco, must pay fines amounting to almost SEK 38 million (€ 4 million) for abusing its dominant position. (...)
The Italian Administrative Court of Lazio partially upholds the fine imposed on the company managing the Milan airports for abusive practices in the general aviation sector (SEA)
Introduction
By an appeal judgment released in the SEA v AGCM case , the Administrative Court for the Region of Latium (the Court) has partially upheld the challenged decision made by the Italian Competition Authority (ICA) in Cedicor/SEA , by which the ICA fined the manager of the Milan (...)
The Bulgarian Supreme Administrative Court quashes the Competition Authority’s decision on an abuse of dominance case in the energy sector, due to a different economic analysis (Energo Pro)
The Supreme Administrative Court of the Republic of Bulgaria seating in 3-member panel (the “Supreme Administrative Court”, the “Court or the “Supreme Court”) repealed the decision of the Bulgarian Commission for Protection of Competition (the “Commission”) by virtue of which the Commission imposed (...)
The Indian Competition Authority opens investigation into abuse of dominance by a local development authority (Sudarshan Kumar Kapur / Delhi Development Authority)
CCI initiates investigation against Delhi Development Authority (DDA) *
CCI by its order dated January 12, 2017 has initiated an investigation against the Delhi Development Authority (“DDA”) for abuse of dominant position in relation to delayed allotment of flats in the Middle Income Group (...)
The Polish Supreme Court finds that a decision of the Competition Authority and the judgment of the Court of Appeal failed to establish a sufficiently precise relevant market definition to enable the finding of an abuse of dominance in the natural gas sector (PGNiG)
In the judgment of the Supreme Court (“SC”) of 10 January 2017, (III SK 61/15) concerning the alleged abuse of dominant position by PGNiG S.A. – a Polish natural gas company, the case was referred back to the Court of Appeal in Warsaw (“CA”). The SC found that neither the President of the Office of (...)
The Ljubljana Court of Appeal annuls a decision concerning minor offense proceedings against a collecting society (SAZAS)
Introduction
In SAZAS case, the Slovenian Competition Protection Office (hereinafter referred to as the CPO) adopted a partial administrative decision in April 2011 (Case 306-35/2009-108), finding that Združenje skladateljev, avtorjev in založnikov za zaščito avtorskih pravic Slovenije (...)
The Indian Competition Appellate Tribunal upholds the Indian Competition Authority’s decision for abuse of dominance against a coal company but cancels the fine due to the company already recently paying fine in a similar case (Sai Wardha Power / Coal India)
COMPAT upholds the order passed by CCI against Coal India Limited for abuse of dominance*
COMPAT by its order dated December 09, 2016 has upheld the order of CCI whereby it held that Coal India Limited and Western Coalfields Limited were acting independently of the market forces and enjoy (...)
The Indian Competition Appellate Tribunal requests an investigation into an abuse of dominance by a global taxi services company (Meru Travels Solutions / Uber India)
COMPAT directs investigation against Uber India for Abuse of Dominance*
COMPAT by its order dated December 7, 2016, has set aside the order dated February 10, 2016 of CCI closing the information filed against Uber India Systems Private Limited (“Uber”) for alleged abuse of dominant position and (...)
The Indian Competition Appellate Tribunal reverses the Competition Authority’s decision and orders an investigation into the national gas supplier for alleged unfair contractual terms (Gipcl Gujarat Industries Power Company / Gail Gas Authority of India)
COMPAT orders investigation against Gas Authority of India Limited (GAIL) for abuse of dominance*
COMPAT by order dated November 28, 2016 has set aside the order of CCI refusing investigation against GAIL for allegedly incorporating unfair terms and conditions in its gas supply agreements with (...)
The Indian Competition Appellate Tribunal reverses the Indian Competition Authority’s decision for a second time and orders an investigation against movies producers (K Sera Sera Digital Cinema / Digital Cinema Initiatives)
COMPAT orders investigation against producers of Hollywood movies*
COMPAT by its order dated November 9, 2016 has ordered investigation against 6 producers of Hollywood films for the allegedly forcing a technology, called D-Cinema technology, for providing cinema screening under the auspices (...)
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)
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 French Supreme Court confirms fines imposed on undertaking for abusive limitation of generic entry (Sanofi-Aventis)
On 18 October 2016, the French Supreme Court upheld the decision of the French Competition Authority (“FCA”) which had fined the pharmaceutical company Sanofi-Aventis over € 40 million for having abused its dominant position on the market for the active ingredient clopidogrel. Sanofi-Aventis was (...)
The Chinese Kunming Intermediate People’s Court decides that a refusal to purchase in the refined oil market is not anticompetitive (Yunnan Yingding Biological Energy / Sinopec)
On 8 October 2016, the Kunming Intermediate People’s Court amended its first-instance decision in the refusal to deal dispute between Yunnan Yingding Biological Energy, a biodiesel company, and Sinopec’s branch in Yunnan. In December 2014, the court had originally decided the case in the (...)
The Indian Competition Appellate Tribunal sends a case back to the Indian Competition Authority for reconsideration of the investigation’s findings (Jaypee Greens)
Competition Appellate Tribunal (COMPAT) set-aside CCI decision exonerating Jaypee Group for abuse of dominance and remands the matter back for re-consideration*
COMPAT by its order dated September 28, 2016 has set-aside the order of CCI in which the CCI exonerated Jaypee Group from allegations (...)
The Danish Maritime and Commercial High Court rules on excessive pricing concerning the delivery of electricity (ELSAM III)
Summary of the case
In an August 2016 ruling the Danish Maritime and Commercial High Court (Sø- & Handelsretten) confirmed that the Danish energy incumbent DONG Energy A/S (“DONG”) had infringed Article 102 and the Danish equivalent by charging excessive prices for the delivery of (...)
The Indian Competition Appellate Tribunal upholds the Competition Authority’s dismissal of abuse of dominance allegations against a mining company in the market for chrome ore (All Odisha Steel Federation / Orissa Mining Corporation)
Competition Appellate Tribunal (COMPAT) upholds CCI order dismissing abuse of dominance allegation against Orissa Mining Corporation (OMC)*
COMPAT by its order dated August 30, 2016 has upheld order of CCI which had dismissed allegations of abuse of dominance by OMC has been indulging in (...)
The Indian Competition Appellate Tribunal upholds the Indian Competition Authority’s dismissal of abuse of dominance allegations against a global telecom provider in the market for international roaming services (Vishwambhar Marutirao Doiphode / Vodafone India)
COMPAT upholds CCI order dismissing abuse of dominance allegation against Vodafone*
COMPAT by its order dated August 16, 2016 has upheld order of CCI whereby it declined to order an investigation into the allegations of abuse of dominance by Vodafone India for levying exorbitant charges for (...)
The Indian Competition Appellate Tribunal reverses the Competition Authority’s fine for discriminatory practices against a public undertaking due to objective justification (Indian Exhibition Industry Association / Ministry of Commerce and Industry / India Trade Promotion Organisation)
Competition Appellate Tribunal (COMPAT) sets aside penalty imposed on India Trade Promotion Organization for abuse of dominance*
COMPAT by its order dated July 1, 2016 has set aside the penalty imposed by the Competition Commission of India (CCI) on India Trade Promotion Organization (ITPO) (...)
The Indian Competition Appellate Tribunal cancels fine for abuse of dominance against coal company due to the Indian Competition Authority’s failure to uphold the principle of natural justice (Coal India)
COMPAT sets-aside penalty of INR 1,773 Crores penalty on Coal India Limited (CIL) by CCI*
COMPAT by its order dated May 17, 2016 has set aside CCI’s order dated April 15, 2014 wherein CCI had fined Coal India Limited for imposing unfair and discriminatory conditions in its fuel supply (...)
The Indian Competition Appellate Tribunal upholds the Competition Authority’s dismissal of abuse of dominance allegations against an airline company (Air India / InterGlobe Aviation)
COMPAT rules that IndiGo’s predatory recruitment of Air India’s trained pilots is not a competition issue but an employment issue*
COMPAT by its order dated April 29, 2016 has upheld the CCI order dated February 10, 2016 refusing to intervene in the matter of predatory recruitment of Air India’s (...)
The Higher Regional Court of Düsseldorf rejects an appeal lodged by the German incumbent postal services operator, against a decision of the Federal Cartel Office in an abuse of dominance case (Deutsche Post)
In a recently published decision of 6 April 2016, the Higher Regional Court of Düsseldorf (“Court”) rejected an appeal lodged by Deutsche Post AG (“DPAG”), Germany’s incumbent postal services operator, against a decision of the German Federal Cartel Office (“FCO”).
By decision of 2 July 2015, the FCO (...)
The Chinese Supreme People’s Court dismisses an application to re-try a case in Shaanxi involving taxis and exclusive dealing (Taxi case)
On 17 March 2016, the Supreme People’s Court (SPC) released its decision to dismiss an application to re-try a case in Shaanxi involving taxis and exclusive dealing. In that case, two private local taxi companies sued three other local taxi companies for exclusive dealing. The SPC made its (...)
The Indian Competition Appellate Tribunal upholds the Competition Authority’s decision and clarifies requirements for an interim injunction (Fast Track Call Cab / ANI Technologies / OLA Cabs)
COMPAT refuses interim relief to Fast Track Call Cabs in ongoing investigation against Ola for predatory pricing in radio taxi services in Bengaluru*
COMPAT by its order dated March 9, 2016 has upheld the CCI order dated September 3, 2015 refusing to grant interim injunction against (...)
The Indian Competition Appellate Tribunal refers the case back to the Competition Authority for investigation and clarifies that governmental health office constitutes an "enterprise" under the Competition Act (Biswanath Prasad Singh / DGHS Director General of Health Services)
COMPAT directs re-consideration of matter against Director General of Health Services & Others*
COMPAT by its order dated March 1, 2016 has set-aside the decision of CCI whereby CCI has refused to order investigation against the Director General Health Services (DGHS) for discriminating (...)
The UK High Court dismisses a claim for abuse of dominance brought against a Big Tech firm by an online map provider and holds that an alleged harmful effect of a pro-competitive innovation by a dominant company must be significant in the market to constitute an abuse (Streetmap / Google)
Brief summary of facts
Streetmap alleged that Google abused its dominant position in the online search and/or online search advertising markets by bundling Google Search with Google Maps, thereby depriving users of an undistorted choice of online mapping services; giving Google Maps an unfair (...)
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)
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 Moscow Arbitration Court confirms that a pharmaceutical company has abused its dominance by stopping to supply insulin (Novo Nordisk)
Cassation Court confirmed: “Novo Nordisk” violated the antimonopoly law*
On 21 October 2015, the Arbitration Court of the Moscow District upheld the ruling of the 9th Arbitration Appeal Court of 29 June 2015 and dismissed a cassation appeal of “Novo Nordisk” against the decision of the Federal (...)
The Moscow Arbitration Court confirms that an electricity provider has abused its dominance in the market of electric power transmission (MRSK Siberia)
Arbitration Court supported Kemerovo OFAS in a dispute with “MRSK Siberia”*
Arbitration Court of the Kemerovo Region pronounced legitimacy and determination of the Office of the Federal Antimonopoly Service in the Kemerovo Region (Kemerovo OFAS) with regard to “MRSK Siberia” OJSC. The company (...)
The Croatian High Administrative Court rules on the lack of capacity for the national central bank to file a claim against a decision of the Competition Authority (HNB)
High Administrative Court dismisses the claim filed by the Croatian National Bank against the CCA decision*
The High Administrative Court of the Republic of Croatia dismissed the claim filed by the Croatian National Bank (HNB) against the decision of the Croatian Competition Agency (CCA) on (...)
The US Court of Appeals for the Ninth Circuit upholds that a college athletics association’s restrictions on compensation should be subject to antitrust scrutiny (O’Bannon / NCAA)
NCCA Gains Ground Against Student-Athletes In Appeal Of O’Bannon Case*
Last week, the United States Court of Appeals for the Ninth Circuit ruled that the NCAA may restrict colleges from compensating student-athletes beyond the cost of attendance, handing the NCAA a partial victory in its (...)
The Moscow Arbitration Court confirms the fine imposed on a company for abuse of dominance in the market of cards for tachographs (NIIAT)
Arbitration Court: “NIIAT” OJSC will pay a fined to fixing monopolistically high prices for AETR tachograph*
On 28 July 2015, Moscow Arbitration Court pronounced legitimacy of FAS decision to fine “NIIAT” OJSC 737,500 RUB for abusing dominance.
In September 2014, the Federal Antimonopoly Service (...)
The EU Court of Justice confirms practical steps to be taken by standard-essential patent holders before seeking injunctions (Huawei / ZTE)
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 rules on the seeking of injunctions in the context of standard-essential patents encumbered by FRAND in the technology sector (Huawei / ZTE)
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 Moscow Arbitration Appeal Court confirms a fine imposed on a gas provider for abuse of dominance (Sakhatrnasneftegaz)
Appeal Court confirmed the conclusions of Yakutia OFAS*
The 4th Arbitration Appeal Court supported the Office of the Federal Antimonopoly Service in the Republic of Sakha (Yakutia) (Yakutia OFAS Russia) in a dispute with “Sakhatrnasneftegaz” OJSC. Earlier the regulator found that the company (...)
The Spanish High Court issues landmark judgment on the need to establish foreclosure effects of a margin squeeze (Correos)
1 Introduction
On 21 January 2014, the Spanish Markets and Competition Commission (“CNMC”) imposed a fine of €8,170,000 on the Spanish postal service incumbent Sociedad Estatal Correos y Telégrafos, S.A. (“Correos) for allegedly abusing its dominant position on the wholesale market for postal (...)
The Milan Court of Appeal overturns a judgment on screen scraping and intermediation of online travel agencies and rejects the allegations of abuse of dominance by an airline (Lastminute / Viaggiare / Ryanair)
Introduction
With two judgements delivered on June 2015 regarding cases brought by Lastminute.com S.r.l. and Viaggiare S.r.l. respectively against Ryanair , the Court of Appeal of Milan held that Ryanair’s refusal to grant travel agencies the right of intermediating its tickets does not (...)
The Moscow Arbitration Appeal Court confirms the fine imposed on a pharmaceutical company for abuse of dominance (Novo Nordisk)
Appeal Court confirmed: “Novo Nordisk” violated the antimonopoly law*
On 22 June 2015, the 9th Arbitration Appeal Court upheld the judgment of the Court of First Instance and pronounced legitimacy of the decision of the Federal Arbitration Service (FAS Russia) that “Novo Nordisk” Ltd. had (...)
The Swedish Supreme Court rejects a claim for annulment of an arbitration award (Systembolaget / Absolut)
Arbitration award and antitrust appeals: Sweden’s Supreme Court discusses Eco Swiss doctrine*
The EUCJ’s well-known Eco Swiss judgment of 1999 established an EU version of the so-called ‘second look’ doctrine originally developed in the USA. Arbitration tribunals may rule on competition law claims (...)
The Russian Arbitration Court confirms the decision of the Competition Authority which concluded that a pharmaceutical company has abused its dominance (Baxter)
Cassation Court: FAS decision and determination regarding “Baxter” are legitimate*
On 16 June 2015, the Arbitration Court of the Moscow District (Cassation Court) confirmed legitimacy of the decision and determination of the Federal Antimonopoly Service (FAS Russia) as well as the Order to hold (...)
The Latvian Supreme Court upholds the Competition Authority’s decision on the establishment of abuse of dominance in retail trade in the market of beauty and household goods (Drogas)
On 15 June 2015 the Supreme Court of Latvia upheld the Latvian Competition Council’s “LCC”) decision against AS “Drogas” ( “Drogas”), a leading beauty and household goods retail trade chain operator, on establishment of abuse of dominance in retail trade in the market of beauty and household goods. (...)
The Moscow Arbitration Appeal Court confirms the fine imposed on a pharmaceutical company for abuse of dominance (Teva)
Appeal Court confirmed legitimacy of the fine upon TEVA*
On 11 June 2015, the 9th Arbitration Appeal Court dismissed the appeal filed by TEVA PHARMACEUTICAL INDUSTRIES LIMITED (Israel) against FAS definition (1) to hold TEVA administratively liable for failure to execute a determination.
In (...)
The Moscow Arbitration Court confirms that a cement producer has abused its dominance in Crimea (Stroiindustria)
Arbitration Court supported FAS in a dispute with “Stroiindustria” Bakhchisaray Construction Enterprise”*
Moscow Arbitration Court pronounced legitimacy and reasonableness of the decision and determination issued by the Federal Antimonopoly Service (FAS Russia) on the case against (...)
The Russian Federal Arbitration Court of the North-Western Federal District confirms the fine imposed on a company for creating discriminatory conditions in the retail market (Lenta)
Court confirmed legitimacy of the 2-million fine for “Lenta”*
The Federal Arbitration Court of the North-Western Federal District confirmed legitimacy of the determination of the Office of the Federal Antimonopoly Service in St Petersburg (St Petersburg OFAS Russia) on an administrative fine (...)
The Italian Supreme Court opens the doors to standalone private actions (Cargest)
In its decision of 6 June 2015 the Italian Supreme Court annulled the previous decision of the Court of Appeal of Rome , which had rejected the claim brought by a number of fruit and vegetable wholesalers (the “Wholesalers”) against Cargest - the company that manages the fruit and vegetable (...)
The Italian Supreme Court applies the principles of Directive 2014/104/EU in favor of claimants in a stand-alone case concerning an abuse of dominant position (Cargest)
Introduction
On the 4th of June 2015, the Italian Supreme Court of Cassation (hereinafter referred to as “ISC”) overruled a judgment of the Court of Appeal of Rome concerning a claim brought by 52 food distributors against Cargest Srl because of an abuse of dominant position by the defendant. (...)
The Guangdong High People’s Court hears the appeal of one of China’s first administrative monopoly cases (Guangdong Education Department / Shenzhen Sware Technology)
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 US District Court for the Eastern District of Pennsylvania dismisses claims of conspiracy to protect a monopoly by "product hopping", citing risk to slow or halt pharmaceutical innovation (Mylan / Warner Chilcott)
Product Hopping and Antitrust: Mylan Court Dismisses Claims on Summary Judgment, Citing Need to Avoid Chilling Pharmaceutical Innovation*
A recent summary judgment opinion from the Eastern District of Pennsylvania breaks new ground in the developing antitrust law on “product hopping” claims. (...)
The East Kazakhstan Judicial Appeal Board fines a group of companies for refusing to conclude a contract with the customer (AES Ust-Kamenogorsk HPP / AES Shulba HPP / AES Sogrinsk CHP / AES Ust-Kamenogorsk CHP)
On April 13, 2015 Judicial Appeal Board on civil and administrative cases of East Kazakhstan region considered the petition of appeal filed by “AES Ust-Kamenogorsk HPP” LLP against the order of the specialized administrative court of Ust-Kamenogorsk dated March 16, 2015 (Court of first (...)
The Moscow Arbitration Court confirms the fine imposed on a pharmaceutical laboratory for abuse of dominance (Teva)
The fine upon TEVA is legitimate*
On 1 April 2015, Moscow Arbitration Court pronounced legitimacy of FAS determination (1) to hold TEVA PHARMACEUTICAL INDUSTRIES LIMITED (Israel) administratively liable.
Earlier, in December 2013, the antimonopoly body found that TEVA violated Clause 5 Part 1 (...)
The Lisbon Appeal Court confirms €2.7 million fine for discriminatory pricing under the national equivalent of Art. 102 TFEU and revolutionizes access to information for third parties (Sport TV)
On 11 March 2015, the Lisbon Appeal Court (LAC) rejected all arguments put forward by the appellant and confirmed the judgment of the Competition, Regulation and Supervision Court (CSRC) of 4 June 2014, which had, in turn, confirmed (with a reduction of the fine, from 3.7 to 2.7 million EUR) (...)
The US District Court for the District of Maryland upholds an antitrust action against a patent troll (Intellectual Ventures / Capital One)
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, Judge Paul W. Grimm of the U.S. District Court for the District of Maryland offered a wide-ranging analysis of antitrust claims against the (...)
The Russian Arbitration Court of Appeal confirms that a pharmaceutical company has abused its dominance (Baxter)
Appeal Court supported FAS arguments on the case against “Baxter” CJSC*
On 17 February 2015, the 9th Arbitration Appeal Court confirmed legitimacy of the decision and determination of the Federal Antimonopoly Service (FAS Russia) on the antimonopoly case against “Baxter” CJSC, and a definition on (...)
The Moscow Arbitration Court confirms that a company has abused its dominance in the market of mine rescue services (Mine Rescue Brigade)
The Court confirmed legitimacy of FAS decision with regard to “Mine Rescue Brigade”*
On 25 December 2014, Moscow Arbitration Court pronounced legitimacy of reasonableness of the decision of the Federal Antimonopoly Service (FAS Russia) on the case against “Mine Rescue Brigade” Federal State (...)
The Moscow Arbitration Court confirms that a distributor has abused its dominance by creating discriminatory conditions in determining the costs of goods advertising services (ATAK)
Cassation Court confirmed that creating discriminatory conditions for advertising goods in the “ATAK” stores are unlawful*
On 18 December 2014, the Arbitration Court of the Moscow District supported the arguments put forward by the Federal Antimonopoly Service (FAS Russia) against “ATAK” Ltd. (...)
The Paris Court of Appeal reduces the fine imposed by the Competition Authority on the national railway for abuse of dominance (SNCF)
In its decision no. 12-D-25 of 18 December 2012, the Autorité de la Concurrence (the French competition authority - "FCA") fined the French national railway SNCF nearly EUR 61 million for 5 counts of abusive practices in the railway freight sector and ordered the company to cease the (...)
The Chinese Supreme Court issues the first decision based on the economic analysis under Anti-Monopoly Law (Qihoo / Tencent)
On October 16, 2014, the Chinese Supreme People’s Court (SPC) announced its ruling on the landmark antitrust litigation brought by Qihoo 360 against Tencent. The decision marked the SPC’s first ruling on a matter filed under China’s Anti-Monopoly Law (AML), which came into effect in August 2008. (...)
The Moscow Arbitration Appeal Court confirms that the behavior of an Authority has created disadvantages and has resulted in the monopolization of the relevant market (Cheboksary Authority / Cash Settlement Centre)
Appeal Court: Cheboksary Authority created advantages for “Cash Settlement Centre” OJSC in the prejudice of a competitor*
On 8th October 2014, the 9th Arbitration Appeal Court upheld the judgment of Moscow Arbitration Court that the decision and determination on the case on violating the (...)
The Czech Regional Court in Brno confirms the Czech NCA’s decision having imposed penalty for predatory pricing in bus passenger transport (Student Agency)
On 25 September 2014, the Regional Court in Brno confirmed findings of the Office for Protection of Competition (“Office”) regarding predatory pricing by Student Agency (a leading bus transport company) and rejected judicial review claim lodged by the said company. The Regional Court in Brno so (...)
The Russian Arbitration Court confirms the warning addressed to a pharmaceutical company that refused to supply the unique medicine for treating renal deficiency by peritoneal dialysis (Baxter)
Actions of “Baxter” CJSC are pronounced unlawful*
On 25th September 2014, Moscow Arbitration Court confirmed legitimacy of the decision and determination of the Federal Antimonopoly Service (FAS Russia) in the case against “Baxter” CJSC for violating the antimonopoly law. The company refused to (...)
The Italian Administrative Supreme Court reinstates a decision issued by the Competition Authority accepting commitments by the dominant satellite TV company regarding the discriminatory conditions of access to its broadcasting platform (Sky Italia)
By judgement no. 4773 of 22 September 2014, the Italian Supreme Administrative Court (“Consiglio di Stato”) upheld an appeal brought by Sky Italia s.r.l. (“Sky”) and the Italian Competition Authority (Autorità Garante della Concorrenza e del Mercato, “AGCM”) and reinstated the AGCM decision no. 21316 (...)
The Moscow Arbitration Court confirms the warnings addressed to air carriers that have a dominant position on some markets (Aeroflot / Russian Airlines)
FAS warnings are legitimate*
On 15th September 2014, Moscow Arbitration Court dismissed the claim of “Aeroflot – Russian Airlines” OJSC to invalidate a warning of the Federal Antimonopoly Service (FAS Russia).
In April 2014, the Antimonopoly Service issued warnings to air carriers that have (...)
The Moscow Arbitration Court confirms the fine imposed on an undertaking for monopolization (Deon)
Arbitration Court dismissed the claim of Chuvash Cabinet of Ministers to invalidate FAS decision*
On 15th September 2104, Moscow Arbitration Court dismissed the claim of the Cabinet of Ministers of the Republic of Chuvashia to invalidate FAS decision on an antimonopoly case.
On 6th March (...)
The Moscow Arbitration Court confirms the decision of the Russian Competition Authority not to initiate a case on violating the antimonopoly law (National Settlement Depository Company)
Court of three instances confirmed legitimacy of FAS decision not to initiate an antimonopoly case NRD CJSC NKO*
On 9th September 2014, Moscow District Arbitration Court upheld the judgment of Moscow Arbitration Court and the ruling of the 9th Arbitration Appeal Court, confirming legitimacy (...)
The Indian Supreme Court upholds the Competition Appellate Tribunal’s decision to impose a record penalty on the largest national commercial real estate developer (DLF)
SC orders DLF to deposit penalty imposed by CCI*
Supreme Court by way of its order dated August 27, 2014 directed DLF to deposit the penalty amount of INR 630 crore within a period of 3 months. The Court further directed DLF to deposit INR 50 crore within a period of 3 weeks as a (...)
The North Caucasus Arbitration Court confirms that an electricity provider has abused its dominance by switching off electric power to water supply facilities used for water drainage (NESK)
“NESK” OJSC violated the antimonopoly law*
On 20th August 2014, the Arbitration Court of the North Caucasus District confirmed legitimacy of the decision issued by the Office of the Federal Antimonopoly Service in the Krasnodar Region (Krasnodar OFAS Russia) with regard to “NESK” OJSC and stated (...)
The North Caucasus Arbitration Court confirms the fine imposed on an electricity provider for abuse of dominance by supplying electric power of inadequate quality to a residential house (NESK-Elektroseti)
A million RUB fine upon “NESK-Elektroseti”*
On 13th August 2014, the Arbitration Court of the North-Caucasus District confirmed legitimacy of the decision issued by the Office of the Federal Antimonopoly Service in the Krasnodar region (Krasnodar OFAS Russia) with regard to “NESK-Elektroseti” (...)
The Moscow Arbitration Court confirms the fine imposed on an oil provider having unreasonably increased retail prices for gasoline and diesel fuel in Sochi (Lukoil)
“Lukoil” subsidiary lost a claim after increasing prices*
“Lukoil-Yugnefteproduct” shall pay over 14 million RUB for unreasonably increasing gasoline prices in Sochi.
On 7th August 2014, Arbitration Court confirmed reasonableness of a determination issued by the Office of the Federal Antimonopoly (...)
The Indian Competition Appellate Tribunal upholds that the relevant product market determined in case of abuse of dominance must remain broader than in cases of merger (National Stock Exchange of India)
India – Competition Appellate Tribunal on determination of relevant product market*
In its order passed on 5th August, 2014 the Indian Competition Appellate Tribunal upheld the decision given by the Competition Commission of India (CCI) holding the National Stock Exchange of India Ltd. (NSE) (...)
The Higher Regional
Court of Frankfurt dismisses the action brought by an automotive repair shop to be admitted to the authorised repair network of a passenger vehicle manufacturer (Man Vertragswerkstatt)
In a judgment of 29 July 2014, the Higher Regional Court of Frankfurt (“Court”) upheld the decision of the Regional Court of Frankfurt dismissing the action brought by an automotive repair shop to be admitted to the authorised repair network of a passenger vehicle manufacturer. The automotive (...)
The Canadian Supreme Court declines an application for leave to appeal in an antitrust case against a trade association (Toronto Real Estate Board)
Supreme Court of Canada declines Toronto Real Estate Board appeal*
The Supreme Court of Canada recently dismissed the application by the Toronto Real Estate Board (TREB) for leave to appeal the Federal Court of Appeal’s judgment overruling a decision of the Competition Tribunal that had (...)
The Italian Administrative Court of Second Instance confirms the Competition Authority’s decision concerning an abuse of dominant position in the television audience measurement sector (Auditel)
1. Premise – This work is part of a project (hereinafter, the “Project”) aimed at offering a quarterly overview of all the decisions of Italian administrative courts, which involve the Italian Competition Authority (Autorità Garante della Concorrenza e del Mercato, hereinafter the “ICA”). (...)
The Moscow Arbitration Appeal Court compels an electricity provider to pay the fine inflicted by the Competition Authority for abuse of dominance (MOESK)
The Court obligated “MOESK” to transfer 232 million RUB of unlawfully obtained income to the federal budget* On 15th July 2014, the 9th Arbitration Appeal Court confirmed legitimacy of the determination issued by the Federal Antimonopoly Service (FAS Russia) with regard to “MOESK” OJSC. The grid (...)
The Moscow Arbitration Court confirms the decision of the Russian Competition Authority having sanctioned an undertaking for market monopolization (Cheboksary Authority)
Arbitration Court supported FAS decision with regard to Cheboksary Authority*
On 15th July 2014, Moscow Arbitration Court dismissed a claim of Cheboksary Authority to invalidate FAS decision and determination on a case on violating the antimonopoly law.
On 6th March 2014, FAS found that (...)
The Finnish Market Court rejects the appeal and imposes the fines proposed by the FCCA for abuse of dominant position in the production and wholesale market of fresh milk (Valio)
FCCA satisfied with Market Court ruling on Valio
By a decision issued on 26 June, the Market Court rejected Valio’s appeal and imposed on the company a €70m fine proposed by the Finnish Competition and Consumer Authority (FCCA) for abuse of dominant position in the production and wholesale (...)
The Moscow Arbitration Appeal Court confirms the legitimacy of a warning delivered by the Competition Authority to a pharmaceutical company that abused its dominance (Novo Nordisk)
Appeal Court confirmed legitimacy of FAS warning to “Novo Nordisk”*
On 23rd June 2014, the 9th Arbitration Appeal Court dismissed the appeal of “Novo Nordisk” Ltd. on a judgment of Moscow Arbitration Court that supported a FAS warning issued to “Novo Nordisk” Ltd. with regard to some elements of (...)
The EU General Court upholds the Commission’s record fine and states that exclusivity-inducing rebates are anticompetitive by default (Intel)
This article has been nominated for the 2015 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards.
Intel and the future of Article 102*
A test-case for the effects-based approach
In a long-awaited ruling, last week’s General Court judgment has confirmed the (...)
The US Court of Appeals for the Second Circuit clarifies that a patent holder’s contractual duty to deal is not necessarily subject to an antitrust duty to deal (Louisiana Wholesale Drug Company / Shire)
Addressing for the first time whether a patent holder under a contractual duty to deal is also subject to an antitrust duty to deal, the U. S. Court of Appeals for the Second Circuit upheld dismissal of a putative antitrust class action challenge to a drug manufacturer’s refusal to fully supply (...)
The Italian Administrative Court of first instance orders the recommencement of the awarding of a public selection procedure for a breach of competition rules in the maritime sector (Marworld Ship Management and Services / Alilauro / Snav / Rifim)
On the 5th of June 2014, the Italian Administrative Court of first instance (the “Court”) held a judgment against the Joint-venture formed, inter alia, by Snav S.p.A. and Rifim S.r.l., the Joint-venture formed, inter alia, by Marworld Ship Management and Service S.p.A., and the operator Alilauro (...)
The Tokyo IP High Court decides on the rights and responsibilities of dominant patent holders (Apple / Samsung)
11 April 2014: Japanese Patent Litigation: Samsung v Apple – The Wrestlers in the Ring*
On 31 March 2014, the IP High Court in Tokyo heard an appeal from the parties, Apple and Samsung, in the matter of Japanese Patent JP4642898. A week earlier, 24 March 2014, marked the closing of the deadline (...)
The Tokyo IP High Court considers the enforceability of a standard essential patent after FRAND declaration (Apple / Samsung)
Japan IP High Court Decisi on of Samsung vs. Apple - Enforceability of Standard Essential Patent after FRAND declaration- *
On May 16, 2014, the Grand Panel of the Japan IP High Court delivered a judgement in Samsung Electronics Co., Ltd. vs. Apple Japan LLC concerning three consolidated (...)
The Lazio Administrative Court upholds a fine of €103.8 million for abuse of dominant position in the telecom sector (Telecom Italia)
On 8 May 2014, the Lazio Administrative Court (LAC) handed down its judgment upholding the decision of the Italian Competition Authority (ICA) of 9 May 2013, which had imposed a fine of approximately €103.8 million on Telecom Italia for abuse of a dominant position on the Italian (...)
The Moscow Arbitration Court upholds the decision of the Competition Authority stating that an undertaking specialized in milk products had created discriminatory conditions for its suppliers (Ashan)
Arbitration Court: “Ashan” created discriminatory conditions for suppliers of milk and milk products*
On 6th May 2014, Moscow Arbitration Court confirmed legitimacy of the decision and determination of the Federal Antimonopoly Service (FAS Russia) with regard to “Ashan” Ltd.
In 2013, the (...)
The Russian Arbitration Court of West-Siberian District upholds the fine imposed by the Competition Authority against a gas supplier for abuse of dominance (Omskoblgaz)
Cassation Court confirmed legitimacy of the fined imposed by “Omskoblgaz” OJSC for abusing dominance*
On 30th April 2014, the Federal Arbitration Court of West-Siberian District upheld the determination of the Office of the Federal Antimonopoly Service in the Omsk region (Omsk OFAS Russia) to (...)
The Moscow Arbitration Court upholds the fine imposed by the Competition Authority on the electricity provider for abuse of dominance (MRSK Urals)
The fine imposed upon “MRSK Urals” OJSC is legitimate*
On 28th April 2014, the Federal Arbitration Court of the Moscow District pronounced legitimacy of a determination issued by the Federal Antimonopoly Service (FAS Russia) to hold “MRSK Urals” OJSC administratively liable for abusing market (...)
The Russian Appeal Court upholds the Competition Authority’s decision having fined a railway company for abuse of dominance (Russian Railways)
Appeal Court confirmed legitimacy of an over 6 million RUB fine imposed upon “Russian Railways” OJSC*
On 28th April, the 7th Arbitration Appeal Court upheld the determination of the Office of the Federal Antimonopoly Service in the Kemerovo Region (Kemerovo OFAS Russia) to fine “Russian Railways” (...)
The Russian Arbitration Court upholds the fine imposed by the Competition Authority against a gas supplier for abuse of dominance (Gazprom Mezhregiongaz Ulyanovsk)
“Gazprom Mezhregiongaz Ulyanovsk” will not avoid a fine for unlawfully restricting gas supplies*
On 23rd April 2014, Arbitration Court pronounced legitimacy of a determination of the Office of the Federal Antimonopoly Service in the Ulyanovsk Region (Ulyanovsk OFAS Russia) and upheld the 562,500 (...)
The Moscow Arbitration Court upholds the Competition Authority’s decision stating that an electricity provider abused its dominant position (MOESK)
Cassation Court: “MOESK” OJSC abused market dominance*
On 23rd April 2014, the Federal Arbitration Court of the Moscow District supported the rulings of the Court of First Instance and Appeal Court that had pronounced legitimacy of the decision and determination of the Federal Antimonopoly (...)
The Moscow Arbitration Court upholds the fine imposed by the Competition Authority on a company in the market of services for advertising goods (ATAK)
Arbitration Court: decision about “ATAK” Ltd. and the imposed fine are legitimate*
On 15th April 2014, Moscow Arbitration Court pronounced legitimacy of the decision and determination of the Federal Antimonopoly Service (FAS Russia) and the fines upon “ATAK” Ltd. – 18 million RUB.
In 2013, the (...)
The Russian Arbitration Court confirms the fine imposed by the Competition Authority on an electricity supplier (DESK)
Cassation Cur confirmed legitimacy of an over 10 million fine imposed upon “DESK” OJSC*
On 10th April 2014, the Federal Arbitration Court of the North Caucasus District confirmed legitimacy of an over 10 million fine imposed upon “Dagestan Energy Supplying Company” OJSC (“DESK” OJSC) for violating (...)
The Italian Council of State confirms the Competition Authority’s decision adopted in an abuse of dominance case in the mass retail sector (Coop Estense / AGCM)
In its decision of 8 April 2014 the Italian Administrative Court of Last Instance (“Council of State”) overruled the previous decision of the Administrative Court of First Instance (“TAR Lazio”) and confirmed the legitimacy of the decision of the Italian Competition Authority (“ICA”) , which had (...)
The Indian Competition Authority fines the largest national commercial real estate developer for not complying with a cease and desist order (DLF)
DFL fined Rs24.1 million for non-compliance*
The informant in Case 67/2010 filed an application with the Competition Commission under Section 42 of the Competition Act, alleging that Delhi Land & Finance (DLF) had not complied with the commission’s final order dated January 31 2012, which (...)
The Russian Arbitration Court upholds the warning delivered by the Competition Authority against a pharmaceutical company aiming to eliminate disadvantageous contract conditions (Novo Nordisk)
Moscow Arbitration Court confirmed legitimacy of a FAS warning issued to “NovoNordisk”*
On 14th March 2014, Moscow Arbitration Court confirmed legitimacy of a warning issued by the Federal Antimonopoly Service (FAS Russia) to “Novo Nordisk” Ltd. due to elements of violating Clauses 3 and 5 Part 1 (...)
The UK Competition Appeal Tribunal publishes a notice of appeal against a decision to sell off one cement plant (Lafarge Tarmac)
The UK cement market has been under much scrutiny recently. In January 2014, the old UK competition regulator, the Competition Commission (now replaced by the Competition and Markets Authority or CMA) published its final report following its market investigation into the aggregates, cement and (...)
The Russian Arbitration Court upholds the Competition Authority’s decision sanctioning railway company for abuse of dominance (Russian Railways)
The Court found that “Russian Railways” OJSC violated the antimonopoly law*
On 12th March 2014, the Federal Arbitration Court of the Moscow District confirmed legitimacy of the decision and determination of the Federal Antimonopoly Service (FAS Russia) with regard to “Russian Railways” OJSC upon (...)
The Bosnia & Herzegovina Court upholds the infringment decision of the Competition Authority concerning abuse of dominant positions on the market for fast money transfer services (Raiffeisen Bank)
On 6 November 2012 the Competition Authority of Bosnia & Herzegovina (KV) found that four Western Union agents have abused their collective dominant position on the market for fast money transfer services by including the exclusivity clauses in their cooperation agreements with the banks (...)
The Italian Supreme Court confirms a rejection of damages claim for alleged abuse of collective dominance (Delta Impianti)
On 5 March 2014, the Italian Supreme Court upheld a judgment of the Court of Appeals of Catania, dated 2 May 2006, which rejected a damages claim for alleged abuse of collective dominance consisting in the imposition of unfair prices and other trading conditions, as well as in discriminatory (...)
The Italian Council of State reinstates penalties against a company for an abuse of dominant position to artificially extend the patent protection (Pfizer)
Italy’s Council of State reinstates the fine imposed on Pfizer for delaying a generic’s market entry*
On 12 February 2014, Italy’s Council of State (the “CdS”) dismissed the ruling of the lower administrative court (the “TAR Lazio”) which quashed the decision of Italian Competition Authority (the (...)
The Moscow Russian Arbitration Court of Appeal upholds the decision of the Competition Authority having judged that a glucose syrup manufacturer did not abuse its dominance (Cargill)
The Court Суд acquitted the largest producer of starch and syrup and supported FAS decision*
On 10th February 2014, the 9th Arbitration Appeal Court confirmed legitimacy of the decision of the Federal Antimonopoly Service (FAS Russia) that “Cargill A.O.” CJSC and “Cargill” Ltd. did not abuse market (...)
The Canadian Federal Court of Appeal rules that abuse of dominance provisions could potentially apply to a person that controls a market without competing in that market (Toronto Real Estate Board)
Canadian Federal Court of Appeal Expands Scope of Competition Act’s Abuse of Dominance Provisions*
On February 3, 2014, the Federal Court of Appeal overturned the Competition Tribunal’s 2013 decision dismissing the Commissioner of Competition’s abuse of dominance allegations against the Toronto (...)
The Yaroslavl Regional Arbitration Court upholds the decision of the Russian Competition Authority imposing a fine on a heat energy provider for abuse of dominance (Yaroslavl GK)
Arbitration Court took the side of Yaroslavl OFAS Russia in a dispute with “Yaroslavl Generating Company”*
Yaroslavl Regional Arbitration Court confirmed legitimacy of over 563,400 RUB fine imposed by the Office of the Federal Antimonopoly Service in the Yaroslavl Region (Yaroslavl OFAS Russia) (...)
The Russian Arbitration Court upholds the decision of the Competition Authority delivering a warning against a pharmaceutical company refusing to deal with a medical service provider (Baxter)
Arbitration Court supported FAS Russia: “Baxter” should have listened to warning*
On 27th January 2014, Moscow Arbitration Court confirmed legitimacy of the warning issued by the Federal Antimonopoly Service (FAS Russia) to “Baxter” CJSC due to signs of violating the antimonopoly law (Clause 5 (...)
The Slovenian Supreme Court upholds the decision of the Competition Authority finding that a company abused its dominance on the market for collective management of copyrights (SAZAS)
Introduction
In SAZAS case, the Slovenian Competition Protection Office (hereinafter referred to as the CPO) adopted a partial decision in April 2011 (Case 306-35/2009-108), finding that Združenje skladateljev, avtorjev in založnikov za zaščito avtorskih pravic Slovenije (hereinafter referred to (...)
The Dutch Supreme Court finds that a decision of an association of real estate agents to make compulsory the use by its members of the association’s information-sharing system infringes article 6(1) of the Dutch competition Act (NVM)
NVM is an association of real estate agents which accounted in 2005 about 80% of registered real estate agents in the Netherlands. NVM had developed an information sharing system (a first version was named “Masterplan 2000”, followed by a second version named “TIARA”), containing office automation (...)
The Federal Arbitration Court of the North-Caucasian District upholds the decision of the Russian Competition Authority sanctioning an electricity provider for abuse of dominance (Donenergosbyt)
The Court confirmed the rightness of FAS position with regard to an energy supplier*
On 21st January 2014, the Federal Arbitration Court of the North-Caucasian District supported the position of the Federal Antimonopoly Service (FAS Russia) with regard to “Donenergosbyt” Ltd.
The Antimonopoly (...)
The Moscow Arbitration Court of Appeal upholds the decision of the Russian Competition Authority finding that an undertaking created discriminatory conditions for its suppliers of fish (Metro Cash & Carry)
The 9th Arbitration Appeal Court: “METRO Cash & Carry” created discriminatory conditions for fish suppliers*
On 20th January 2014, the 9th Arbitration Appeal Court reversed the ruling of Moscow Arbitration Court to allow the claim of “METRY Cash & Carry” Ltd. on challenging the decision (...)
The Paris Court of Appeal upholds the French Competition Authority’s decision holding that direct access to telecom company subscribers is not an essential facility (Cogent Communications / France Télécom)
Introduction At a time when cloud computing is changing the face of the Internet, the decision of the Paris Court of Appeal acts as a reminder that the Internet is primarily a matter of physical wires. In December 2013, the Court ruled on an appeal of a French competition authority (ADLC) (...)
The Irish High Court finds no abuse of dominant position by a public port authority after it imposed a levy per passenger (Island Ferries Teoranta)
The Plaintiff is the sole commercial operator of a passenger ferry service from the Irish mainland to a harbour at Kilronan on the Aran Islands. In October 2011 the public body responsible for the management of Kilronan harbour passed a law which imposed significant charges for the use of the (...)
The Slovenian Supreme Court upholds the Competition Authority’s prohibition decision finding an abuse of dominant position in the market for TV advertising (Pro Plus)
In PRO PLUS case, the Slovenian Competition Protection Agency (hereinafter referred to as the CPA) adopted a prohibition decision in April 2013 (Case 306-90/2009), finding that PRO PLUS, i.e. Produkcija Plus, a leading broadcasting and internet media company in Slovenia, which is part of the (...)
The Slovenian Supreme Court annuls the Competition Authority’s infringement decision against a telecom company for abuse of dominance in the mobile telecommunications market (Itak Džabest)
On 26 November 2013, the Supreme Court of the Republic of Slovenia ruled in case G 9/2012, Telekom Slovenije v. Slovenian Competition Protection Agency (hereinafter referred to as CPA). The Supreme Court annulled the CPA’s decision (Case 306-14/2009), which found anti-competitive conduct on the (...)
The Italian Regional Administrative Court of Second Instance annuls the Competition Authority’s decision concerning an abuse of dominant position in the motorway assistance sector (Europe Assistance VAI)
*Italian antitrust administrative case law. Overview of all decisions from October to December 2013 (Third contribution)
1. Premise – This work is part of a project (hereinafter, the “Project”) aimed to offer a general, quarterly overview of all the decisions of Italian administrative courts, (...)
The UK Court of Appeal refuses interim injunction against the alleged refusal to deal as the claimant failed to identify any market on which the defendant could conceivably be dominant (Chemistree Homecare / Abbvie)
United Kingdom: interim injunctions in competition litigation*
Private competition litigation is continuing to develop in the United Kingdom. The courts and the Competition Appeal Tribunal are seeing an increase in the number and complexity of follow-on damages actions, often between foreign (...)
The Lisbon Court of Appeal states that the limitation period of a claim for damages caused by anticompetitive behaviour starts with the awareness of the facts by the claimant and not with the Competition Authority’s decision (ADSL)
On 31 October 2013, the Lisbon Court of Appeal confirmed the decision of the Lisbon Court of First Instance, denying the appellant the right to claim compensation for the losses suffered due to abuse of dominant position by Portugal Telecom and ZON between 2002 and 2003, fined by the Portuguese (...)
The Lithuanian Supreme Administrative Court confirms the judgement of the Vilnius District Administrative Court fining a retailer for unfair practices (Palink)
On 18 October 2013 the Supreme Administrative Court of Lithuania issued a final judgment in the case on the alleged infringement of Article 3 of the Law on the Prohibition of Unfair Practices of Retailers of the Republic of Lithuania.
In the decision of the Competition Council against UAB (...)
The Bosnia and Herzegovina Court quashes the no-infringement of the Competition Authority for the failure to conduct an efficient investigation (Telekomunikacije)
On 12 October 2011 the Competition Authority of Bosnia and Herzegovina (KV) closed its investigation into the alleged abuse of dominant position on the part of the incumbent telecom operator Telekomunikacije RS a.d. The KV‘s investigation was prompted by a complaint lodged by an independent (...)
The Italian Regional Administrative Court of First Instance partially annuls the Competition Authority’s decision concerning an abuse of dominant position in the gas distribution services sector (Italgas)
*Italian antitrust administrative case law. Overview of all decisions from October to December 2013 (Third contribution)
1. Premise – This work is part of a project (hereinafter, the “Project”) aimed to offer a general, quarterly overview of all the decisions of Italian administrative courts, (...)
The Czech Supreme Administrative Court supports findings by the Office for Protection of Competition as regards relevant market definition in predatory pricing case (Student Agency)
On 30 September 2013, the Supreme Administrative Court cancelled the judgment of Regional Court in Brno in the case regarding alleged predatory pricing by Student Agency (a leading bus transport company) and remanded the case back to it. The Regional Court in Brno previously quashed the (...)
The EU Court of Justice AG Wathelet proposes to the EU Court of Justice to annul a judgement of the General Court in order to force it to exercice its full jurisdiction to review fines imposed by the Commission (Telefónica)
The level of fines imposed by the European Commission in competition cases has attracted controversy for more than ten years. The often deferential approach of the European courts to hearing appeals has also been criticised, but in many cases the courts have largely left untouched the (...)
The Italian Regional Administrative Court of First Instance annuls the Competition Authority’s decision concerning the abuse of the dominant position of a company aimed to exclude competitor’s entry into mass retail markets (Coop Estense)
1. Premise – This work is the only contribution of a project (hereinafter, the “Project”) aimed to offer a general, quarterly overview of all the decisions of Italian administrative courts, which involve the Italian Competition Authority (Autorità Garante della Concorrenza e del Mercato, (...)
The South African Competition Tribunal confirms the second significant administrative penalty imposed on the national incumbent provider of fixed-line telecommunication services for engaging in margin squeezing (Telkom)
South Africa: Telkom fined again…*
South Africa’s Competition Tribunal had a busy week last week tasked with considering the proposed penalties for the various construction companies and also confirming the second significant administrative penalty on South Africa’s incumbent provider of fixed (...)
The South African Competition Tribunal rules on a settlement in a margin-squeeze and monopolization case (Telkom)
SA telecoms firm implements antitrust settlement terms*
According to a report by ITweb Business, the South African incumbent R16 billion telecommunications giant Telkom Limited (no stranger to this blog) has now taken steps to implement its landmark June 2013 settlement in a margin-squeeze and (...)
The US Court of Appeals for the Ninth Circuit affirms the order of dismissal as the allegation of a relevant market of black hot rolled coiled steel was insufficient as a matter of law failing to negate the likelihood of supply-side entry (Gulf States / Nucor)
Failure to Adequately Allege Lack of Supply Cross-Elasticity Dooms Attempted Monopolization Action to “Quick Look” Dismissal*
GULF STATES REORGANIZATION GROUP, INC. V. NUCOR CORP. (11th Cir. July 15, 2013) No. 11-14983.
In 1999, Gulf States Steel, Inc., a participant in a market described as (...)
The Ankara Administrative Court annuls the decision of the Competition Authority which rejected the alleged predatory pricing and abuse of regulatory procedures of the Turkish national carrier airline (Turkish Airlines / Pegasus)
This study analyses the decision of the Ankara Administrative Court in which it has annulled the decision of Turkish Competition Authority (TCA) to reject the allegations that Turkish Airlines engaged in predatory pricing and abused regulatory procedures in the market for domestic and (...)
The Paris Court of Appeal upholds the Competition Authority’s decision holding that a parent company and its subsidiary are jointly liable for an abuse of dominance in the French overseas departments (Orange Caraïbe)
Introduction On July 4 2013, the Paris Court of Appeal upheld for the most part the decision of the French competition authority (the ADLC) imposing a 60 million euro fine on Orange Caraïbe and its parent company France Télécom for having abused their dominant position in the French overseas (...)
A French Court of Appeal dismisses claims that a compulsory affiliation scheme for supplementary reimbursement of healthcare costs infringes Article 102 and 106 TFEU (Hurstel-Koenig)
In three identically worded judgments dated 28 June 2013, the Court of appeal of Colmar (hereinafter the ‘Court of appeal’) dismissed claims that a compulsory affiliation scheme for supplementary reimbursement of healthcare costs amounts to a State measure contrary to Article 102 TFEU read in (...)
The Finnish Market Court upholds the Competition Authority’s decision ordering the cessation of the predatory pricing on the market for dairy products (Valio)
Market Court: Valio must comply with Finnish Competition and Consumer Authority decision in spite of appeal*
In an interim decision handed down on 28 June 2013, the Market Court rejected an appeal by Valio, in which it applied for a prohibition on implementation in the case concerning the (...)
The Finnish Market Court issues an interim decision in a predatory pricing case concerning the dairy products sector (Valio)
The Finnish Market Court has issued an interim decision in a major predatory pricing case. The case concerns a decision and proposal for imposing fines by the Finnish Competition Authority on 20.12.2012. In its decision, the Competition Authority ordered Valio Ltd, a Finnish processed dairy (...)
The US Supreme Court reverses the judgment of the Court of Appeals for the Eleventh Circuit and leaves the structuring of the rule of reason antitrust litigation to the lower courts (Actavis)
Just What on Earth Did Actavis Really Say? And Does It Mean Something for Section 1 More Broadly?*
It’s going to be a strict, nearly-per-se quick look rule, folks, in more or less every reverse-payment case likely to be brought from here on out. Dollars-to-donuts.
A few weeks have gone by, (...)
The Finnish Market Court finds no error by the Competition Authority in not investigating alleged abuse by a national sports federation (Suomen Ampumaurheiluliitto)
The Finnish Market Court has found that a decision by the national Competition Authority to dismiss a complaint about a sports federation was appropriate. X, a Finnish shooting sports athlete, had filed a complaint (a request for investigation) with the Finnish Competition Authority, submitting (...)
The Slovak Supreme Court upholds the Competition Authority’s decision on prohibition of abuse in ‘green dot’ licensing (ENVI‑PAK)
Slovakia: The Supreme Court upholds Authority’s Decision in Banking Cartel Case*
On 23 May 2013, the Supreme Court of the Slovak Republic (Supreme Court) confirmed the decision of the Antimonopoly Office of the Slovak Republic (the Office) imposing a fine of € 18 394 on ENVI‑PAK, a. s. (...)
The Italian Supreme Administrative Court confirms the Competition Authority’s decision imposing a fine against construction materials company for abusing its behavior by aiming to exclude competitor’s entry into the plasterboard market (Saint Gobain)
*Italian antitrust administrative case law. Overview of all decisions from April to June 2013 (Fourth and last contribution)
1. Premise –This work is the fourth and the last contribution of a project (hereinafter, the “Project”) aimed to offer a general, quarterly overview of all the decisions of (...)
The US Supreme Court denies defendants’ petition for certiorari concerning a decision of the Third Circuit raising significant issues as to how a court should analyze “market share discounts” by a dominant firm (ZF Meritor / Eaton)
On April 29, 2013, the U.S. Supreme Court denied defendant’s petition for certiorari with respect to the Third Circuit’s 2012 decision in ZF Meritor LLC v. Eaton Corp. (696 F.3d 254). Since the case raised significant issues as to how a court should analyze “market share discounts” by a dominant (...)
The US Supreme Court declines to hear an antitrust case leaving uncertainty regarding customer loyalty programs (ZF Meritor / Eaton)
Supreme Court Declines to Hear Antitrust Case Leaving Uncertainty Regarding Customer Loyalty Programs*
On April 29, 2013, the Supreme Court declined to review a decision that had created uncertainty as to when a manufacturer’s customer loyalty program may violate antitrust laws. Most circuits (...)
The Slovak Supreme Court upholds the Competition Authority’s decision on the abuse of a dominant position in the national petrol and diesel oil wholesale markets (Slovnaft)
On April 18, 2013, in its decision on the appeal filed by the Slovak Antimonopoly Office (the “AMO”), the Slovak Supreme Court (the “Supreme Court”) overturned the judgment of the Bratislava Regional Court (the “Regional Court”) of March 22, 2012 and upheld the AMO decision sanctioning Slovnaft, a.s. (...)
The Canadian Competition Tribunal dismisses an abuse of dominance case in the market for residential real estate brokerage services (Toronto Real Estate Board)
Competition Tribunal Dismisses Abuse of Dominance Case Against The Toronto Real Estate Board*
On April 15, 2013, the Canadian Competition Tribunal released its decision dismissing the Commissioner of Competition’s application against the Toronto Real Estate Board (“TREB”). The Commissioner had (...)
The UK Competition Appeal Tribunal dismisses the claim for exemplary damages against a water management company (Albion Water / Dŵr Cymru Cyfyngedig)
Exemplary Damages in Competition Litigation*
Much ink has been spilt following 2 Travel v. Cardiff Bus and Albion Water v. Dŵr Cymru Cyfyngedig on the subject of competition litigation in Europe. An axiom with varying justification is that European competition litigation must not embrace (...)
The UK Competition Appeal Tribunal awards the highest damages ever in a case involving an abuse of dominant position in the water sector (Albion Water)
There are approximately 45 private actions for damages pending in the United Kingdom Courts. Some are stayed pending final decisions of the Commission and the European Courts; some are at the disclosure stage; some are setting up “confidentiality rings” prior to disclosure; and others are lost in (...)
The US Supreme Court reverses the decisions of the lower courts and emphasizes that any model supporting a plaintiff’s damages case must be consistent with its liability case (Comcast / Behrend)
Comcast v. Behrend Sets a Higher Bar for Class Certification*
On March 27, 2013, the U.S. Supreme Court continued its recent trend of imposing more stringent standards for class certification in Comcast Corporation v. Behrend, 569 U.S. ___ (2013). At issue was whether the proponents of (...)
The Lithuanian Supreme Administrative Court draws the limitations of the Competition Authority’s discretion to close the investigation under the rules of procedure (Viasat)
Viasat case is a national precedent setting the boundaries of the discretion of Lithuania competition authority to close the investigation subject to undertakings.
In 2009 Lithuanian competition authority launched an investigation into the alleged infringement of Article 102 TFEU and its (...)
The Lithuanian Supreme Administrative Court declares that the Competition Authority has to perform a new evaluation of commitments since its decision lacked motives and was inconsistent (Viasat)
Background
On 22 November 2011, the Lithuanian Competition Council passed resolution on termination of investigation proceedings concerning conformity of Viasat World Limited and Viasat AS actions to the Article 9 of the Competition law. The present article of the Competition law prohibited (...)
The US District Court for the District of Columbia dismisses claims of “shared monopoly” against two companies in the market for rail freight transportation services (Union Pacific / BNSF)
On February 26, the United States District Court for the District of Columbia granted defendants’ motion to dismiss Section 1 and Section 2 claims against Union Pacific Railroad Company ("UP") and BNSF Railway Company ("BNSF"). (Oxbow Carbon & Minerals LLC, et. al., v. Union Pacific Railroad (...)
The Danish Supreme Court reverses the Competition Authority’s decision and finds that the national postal carrier incumbent did not abuse its dominant position by applying different prices to its customers and certain customers of a competitor (Post Danmark)
On 15 February 2013, the Danish Supreme Court reversed a decision by the Danish Competition Council according to which the national postal operator, Post Danmark, had abused a dominant position on the market for unaddressed mail by charging different prices to its own customers compared to the (...)
The Danish Supreme Court ends a decade-long case concerning the national postal incumbent by delivering the final judgment in the predatory price case (Post Danmark)
On 15 February 2013, the Danish Supreme Court ended the decade-long Post Danmark case by delivering the final judgment in the case. This note gives a brief overview of the facts and the procedure of the case and then comments on what we can learn from the Supreme Court judgment in its (...)
The Italian Supreme Administrative Court upholds the Competition Authority’s decision fining leader in construction markets for abuse of a dominant position on the market for plasterboard (Saint Gobain)
With its judgment of 12 February 2013, the Italian Supreme Administrative Court (Consiglio di Stato) upheld the judgment of the Italian Administrative Court of First Instance (TAR Lazio) confirming the 2010 decision of the Italian Competition Authority (ICA) fining Saint Gobain Ppc Italia (...)
The UK High Court dismisses interim injunction in abuse of dominance case concerning refusal to supply in HIV prescription medicines market (Chemistree Homecare / Abbvie)
On 11 February 2013, the English High Court dismissed an application for an interim injunction in an abuse of dominance case concerning an alleged refusal to supply a patented HIV prescription medicine. Chemistree Homecare Ltd (the “claimant”) had applied for an interim injunction against (...)
The Italian Council of State reinstates a € 5.1 million fine initially imposed on a pharmaceutical company by the Competition Authority for its alleged abuse of dominant position in the market for the production and commercialisation of fosetyl-based fungicides (Bayer)
On 22 January 2013, it was reported that the Italian Council of State – Italy’s highest jurisdiction in competition cases – had reinstated a € 5.1 million fine against Bayer initially imposed on the company by the Italian Competition Authority (“ICA”) for its alleged abuse of dominant position (...)
The Italian Supreme Administrative Court reinstates the Competition Authority’s decision fining a pharmaceutical group for abuse of dominant position in the market for the production and commercialisation of fosetyl-based fungicides against downy mildew in grapes (Bayer)
With decision of 11 January 2013, the Italian Supreme Administrative Court (Consiglio di Stato) quashed a judgment of the Italian Administrative Court of First Instance (TAR Lazio) and upheld the 2011 Italian Competition Authority’s (ICA) decision fining Bayer CropScience AG and Bayer (...)
The Italian Council of State rules on the issue of dominant firms’ duty to supply essential information beyond the requirements of sector regulation (Bayer)
Italy’s highest administrative court handed down an important ruling on the issue of the dominant firms’ duty under Article 102 TFEU to grant their competitors access to essential information when sector regulation encourages such a disclosure. By its judgment of 11 January 2013, no. 548 (the (...)
The Spanish Administrative Tribunal of Contractual Appeals rules on the need to cancel the award and rerun a tender when faulty documents and their interpretation can give rise to discrimination (Cespa Espa Conten / Valladolid Regional Logistics Unit of the Army)
On 22 January 2013, the Spanish Central Administrative Tribunal of Contractual Appeals (Tribunal Administrativo Central de Recursos Contractuales, SCATCA) issued its Decision 29/2013 regarding the award of a contract for the disposal of waste and hazardous substances generated by the regional (...)
The Lithuanian Supreme Court upholds the Competition Authority’s decision finding abuse of dominant position in the fuel sector (Orlen Lietuva)
Lithuania: The Supreme Administrative Court upholds Competition Council’s Decision finding Abuse of Dominant Position in Fuel Sector*
On 21 January 2013, the Supreme Administrative Court of Lithuania (the Supreme Court) issued a final ruling stating that the Competition Council (CC) by its (...)
The Swedish Market Court annuls interim order prohibiting the ice hockey league association from boycotting players from North America’s hockey league (Svenska Hockeyligan)
Sweden: The Competition Authority’s Interim Order prohibiting Hockeyligan from boycotting NHL Players annulled by Swedish Market Court*
On 18 December 2012, the Swedish Market Court (the Court) has annulled the Swedish Competition Authority’s (SCA) interim order prohibiting the Swedish ice (...)
The German Federal Court of Justice clarifies conditions for invoking “legal impossibility” as justification for refusal to grant access to an essential facility (Scandlines)
By judgment of 11 December 2012, recently published, the German Federal Court of Justice (“BGH”) annulled the judgment of the Higher Regional Court of Düsseldorf (“OLG Düsseldorf”) of 7 December 2011 and ruled that Scandlines Deutschland GmbH (“Scandlines”), which is the owner of the ferry port (...)
The EU Court of Justice entirely dismisses pharmaceutical company’s appeal on abusive patent misuse (AstraZeneca)
I. Introduction
On 6 December 2012, the CJEU issued its judgment in the long-running AstraZeneca litigation. The General Court’s judgment has been upheld in its entirety. The only victorious battle scored by the appellant refers to what type of conduct before the national regulatory authorities (...)
The EU Court of Justice upholds the Commission’s decision finding a case of abuse of patent systems and the procedures for marketing pharmaceutical products to prevent or delay the arrival of competing for generic medicinal products on the market for proton pump inhibitors (AstraZeneca)
ECJ rejects appeal relating to abuse of the patent system and the procedures for marketing of drugs*
On 6 December 2012, the European Court of Justice (“ECJ”) handed down its ruling rejecting AstraZeneca’s (“AZ”) appeal in relation to the Losec case. In the first instance, the General Court largely (...)
The EU Court of Justice dismisses pharmaceutical company’s appeal against the Commission and EU General Courts’ findings that it abused its dominant position by misusing patent systems and pharmaceutical marketing procedures to exclude generic competitors from the market and restrict parallel imports (AstraZeneca)
1. Introduction
The Court of Justice of the EU (ECJ) has dismissed AstraZeneca’s appeal against the Commission’s and General Court’s findings that the company abused its dominant position under Article 102 TFEU by misusing the patent system and pharmaceutical marketing procedures in order to (...)
The Supreme Court of Chile condemns abuse of dominant position in the cigarette market (Chiletabacos)
On 4 December 2012, the Supreme Court handed down its judgment in the appeals brought by the National Economic Prosecutor’s Office of Chile (Fiscalía Nacional Económica or FNE) and Philip Morris Chile Comercializadora Limitada (Philip Morris) – subsidiary of Philip Morris International -, (...)
The Irish High Court finds that the State does not operate as an “undertaking” in the use of its ambulance fleet for emergency services and the transport of public patients (Lifeline)
This case concerned a private undertaking, Lifeline Ambulance Services Limited (“Lifeline”) that operates a fleet of ambulances and is engaged in the business of providing transport for hospital patients and others in need of such services brought against the State owned Health Service Executive (...)
The Czech Regional Court takes a strict view on the relevant market definition by the Competition Authority (Student Agency)
On 9 November 2012, Regional Court in Brno cancelled the decision of Chairman of the Office for Protection of Competition ("Office") in a case concerning an alleged abuse of dominant position in the form of predatory pricing by Student Agency in response to an entry by competing bus company (...)
The Macedonian High Administrative Court upholds the decision of the Macedonian Competition Authority prosecuting the incumbent telecom operator for establishing high prices for its digital lines leased to the rival Internet providers (Macedonian Telecom)
On 7 November 2012 the Macedonian High Administrative Court (VUS) upheld the infringement decision of the Macedonian Competition Authority (KZK) where the latter found that the incumbent telecom operator Macedonian Telecom has infringed national equivalent of Article 102 TFEU by establishing (...)
The Czech Competition Authority again fines a telecom operator for abuse of dominance on the market for telecom services for business customers (Telefónica Czech Republic)
Subject matter of the case: a first decision of the Office
The Office for the Protection of Competition ("Office") imposed a fine of CZK 93,109,000 (approximately EUR 3,724,000 ) on Telefónica Czech Republic, a.s. ("Telefónica") for abuse of dominance on the market for public telecom services (...)
The Austrian Cartel Court rejects Federal Competition Authority’s request to prohibit alleged abuse of market power by radio taxi providers
On 27 September 2012, the Austrian Cartel Court (“the Court”) issued a press release announcing that it had rejected a request by the Austrian Federal Competition Authority (“FCA”) to prohibit an alleged abuse of market power on the part of the only two radio taxi providers operating in (...)
The EU General Court annuls a Commission decision concerning the exclusive rights granted by Greece in favour of a company for the extraction of lignite for the absence of proof of abusive conduct (DEI)
I. The Parties
Dimosia Epicheirisi Ilektrismou AE (DEI) is the biggest power producer and electricity supplier in Greece. It holds assets in lignite mines, power generation, transmission and distribution. The Hellenic Republic holds 51.12% of its shares.
Energeiaki Thessalonikis AE and (...)
The EU General Court annuls the Commission decision for failing to substantiate the existence of an abuse of dominance on the market for cheap electricity (DEI)
A Burning Desire to Clarify(?) the Law for Public Undertakings: The Judgment in Greek Lignite (Case T-169/08)*
The General Court has finally handed down the judgment in the Greek Lignite (brown coal) case. This is a long-running case resulting from a complaint (dating from 2003) concerning the (...)
The EU General Court dismisses appeal against Commission rejection of abuse complaint in the Irish whiskey market (Protégé / Pernod Ricard)
On 13 September 2012, the General Court dismissed the appeal lodged by Protégé International Ltd against a European Commission decision to reject a complaint alleging breach of Article 102 TFEU by Pernod Ricard. In its complaint to the Commission, Protégé had alleged that Pernod Ricard (...)
The Italian Administrative Court of First Instance quashes the Competition Authority’s decision against a pharmaceutical company for misuse of a patent (Pfizer)
In its judgment delivered on 3 September 2010, the Italian Court of First Instance (‘TAR Lazio’) quashed the decision by which the Italian Competition Authority (‘ICA’) fined Pfizer EUR 10.6 million for having abused its dominant position in the visual glaucoma medicine market, by blocking or (...)
The Slovak Supreme Court upholds Competition Authority’s fine imposed on state-owned railway operator (ZSR)
Factual background
On 28 August 2012, the Supreme Court of the Slovak Republic (the "Supreme Court") in its judgement No. 8Sžhpu/2/2011 rejected an appeal lodged by Zeleznice Slovenskej republiky (the "ZSR") against judgment No. 1S 222/2007 of the Regional Court in Bratislava confirming (...)
The Argentinian Federal Court of Appeal decides that the Competition Authority cannot issue preliminary injunctions (Shell / Argentina de Petróleo / YPF / Esso Petrolera)
In this decision, the Argentine Federal Court of Appeals on Civil and Commercial Matters, 3rd Chamber, reversed a preliminary injunction issued by the Argentine Secretary of Commerce, who is in charge of the application of Competition Law 25156. The injunction at stake established that oil (...)
The Lithuanian Supreme Administrative Court repeals decision of the Competition Authority, which recognized that an energy operator abused its dominant position (Vilniaus energija)
Background
On 6 May 2010, the Lithuanian Competition Council passed resolution, which recognized that actions of UAB “Vilniaus energija” do not correspond to the Article 9 of the Competition law that prohibits abuse of dominant position. The Competition Council claimed that UAB “Vilniaus (...)
The Lithuanian Supreme Administrative Court brings clearance on assessing excessive pricing under 102 Art. TFEU (Vilniaus energija)
Vilniaus energija case is an important national precedent for at least two reasons. First, it explains in which situations prices set by a dominant undertaking may be regarded as unfair (excessive). In that context the Lithuanian courts confirmed that economic analysis is needed in order to (...)
The Swiss Supreme Court upholds fines against media sales and marketing services group in an abuse of dominance case (Publigroupe)
In a much awaited decision, the Swiss Supreme Court dismissed an appeal directed against the decision of the Swiss Federal Administrative Tribunal confirming a fine of CHF 2.5 million (approximately € 2 million) imposed by the Swiss Competition Commission ("Comco") on Publigroupe for abuse of a (...)
The EU General Court upholds a periodic penalty payment imposed by the Commission on an undertaking for failing to share adequate interoperability information (Microsoft)
“Imprecise legal concepts” are no excuse*
The second chapter of the Microsoft saga unfolded on 27 June 2012, when the General Court largely upheld the €899 million periodic penalty payment imposed on Microsoft for failing to share adequate interoperability information with its competitors. (...)
The Italian Regional Administrative Tribunal of Lazio annuls the decision of the Competition Authority which had fined the incumbent postal operator for an abuse of dominant position in the markets for liberalized value-added services (Poste Italiane)
The AGCM’s decision
On December 15, 2011, the Italian Antitrust Authority (Autorità Garante della Concorrenza e del Mercato, hereinafter "AGCM") fined Poste Italiane S.p.A. ("Poste Italiane"), the incumbent operator in the postal sector in Italy, more than EUR 39 million for abusing its dominant (...)
The German Federal Court of Justice clarifies that examination of a company’s pricing elements can be the sole legal test in determining excessive pricing (Water supplier)
By decision of 15 May 2012, recently published, the German Federal Court of Justice (“the Court”) annulled a decision of the Higher Regional Court of Stuttgart (“HRCS”), by which the latter had annulled a decision of the federal cartel office (“FCO”) finding that a dominant water supplier had (...)
The US Court of Appeals reiterates that it is possible to monopolize a technology market rather than a physical product market (Samsung / Apple)
Northern District of California Reiterates That You Can Monopolize a Technology Market*
In Apple, Inc. v. Samsung Electronics Co., Ltd., Case No. 11-CV-01846 (N.D. Cal. May 14, 2012) (Koh, J.), a patent case, the court refused to dismiss Apple’s counterclaims, including a Sherman Act § 2 (...)
The Macedonian High Administrative Court upholds the Competition Authority’s infringement decision concerning an abuse of dominant position on the funeral services market (JPKD Komunalec Strumica)
On 9 May 2012 the Macedonian High Administrative Court (VUS) upheld, as a second instance court, the infringement decision of the Macedonian Competition Authority (KZK) against the municipal undertaking JPKD Komunalec Strumica (Komunalec) for the abuse of dominant position on the funeral (...)
The Croatian High Administrative Court upholds the Competition Authority’s decision concerning the abuse of dominance in the collection of royalties (Croatian Composers’ Society)
On 7 March 2012 the Croatian High Administrative Court (VUS) upheld the infringement decision of the Croatian Competition Authority (AZTN) issued against the Croatian Composers’ Society (HDS-ZAMP) for abusing its dominant position on the market for collection of royalties for copyrighted music (...)
The EFTA Court sanctions for abuse of dominant position a company active in the market for business-to-consumer parcel services with over-the-counter delivery, thus addressing the issue of judicial review (Posten Norge)
A lesson on judicial review from the other European Court in Luxembourg*
Legal change sometimes takes unpredictable paths: mid-April, something important happened for European law in Luxembourg, but this did not come from the European Court of Justice (the “ECJ”). Not every reader of this blog (...)
The Spanish Constitutional Court seems to set a fatal blow to regional competition authorities in a ruling concerning an abuse of dominance case in the bus transport sector (Madrid Southern Bus Station)
Background
On March 8, 2006 Aníbal S.L. – a firm providing services on the international passenger bus route Lisbon-Madrid-Paris, for which they held the mandatory administrative authorisation – sent a letter of complaint against the concessionaire of the Madrid Southern Bus Station (Esamsa) to (...)
The Czech Regional Court holds that a request for information is inadmissible only if excessive in a case concerning an abuse of dominance in the telecom sector (Telefonica)
Subject matter of the case
In March 2011, the Office for Protection of Competition (the “Office”) initiated administrative proceedings against Telefónica Czech Republic (“Telefónica“) for alleged abuse of dominant position by means of a margin squeeze in the market of access to Internet services (...)
The EU General Court dismisses Spain’s appeal against the Commission’s infringement decision that held national telecom incumbent liable for an abusive margin squeeze in the regulated Spanish broadband market (Telefónica)
On 29 March 2012 the General Court ("GC") of the European Union dismissed an appeal lodged by the Spanish state against a Commission decision of 4 July 2007 that imposed a €151 million fine on Telefónica for a margin squeeze in the Spanish broadband market. The GC’s judgment confirms the (...)