Notion of dominance

Dominance

 The German Competition Authority publishes an annual report on the conditions of competition in the generation of electricity market
German Competition Authority (Bonn)
Germany 447 contributions 113592 visits
Bundeskartellamt publishes 2022/23 report on the market power situation in electricity generation – a few companies have consolidated their market power – electricity imports increasingly significant* The Bundeskartellamt has today published its fourth report on the conditions of competition (...)

The Hellenic Competition Authority issues a statement to prioritise the in-depth investigation of certain practices in the markets for the production and supply of pharmaceutical products for the treatment of eye diseases
Hellenic Competition Commission (Athens)
Greece 126 contributions 17184 visits
Case prioritization and assignment to a Commissioner-Rapporteur – potential anti-competitive practices in the markets for the production and supply of pharmaceutical products for the treatment of ophthalmological diseases* On Thursday, August 3, 2023, the Hellenic Competition Commission (...)

The UK Competition Appeal Tribunal rejects a challenge to an excessive pricing fine which came after the sole producer of a drug for thyroid hormone deficiency hiked prices by over 1,000% over a ten-year period (Advanz Pharma / Hg Capital / Cinven)
UK Competition & Markets Authority - CMA (London)
United Kingdom 384 contributions 95284 visits
CMA defeats legal challenge in medicine pricing case* The Competition Appeal Tribunal has unanimously upheld the CMA’s decision condemning a pharmaceutical supplier for excessive pricing of medicines sold to the NHS. The Competition and Markets Authority (CMA) welcomes today’s landmark (...)

The Turkish Competition Authority concludes that an online marketplace has abused its dominant position by intervening in the marketplace algorithm and using third-party sellers’ data to favour its own retailers (Trendyol)
Turkish Competition Authority (Ankara)
Turkey 39 contributions 5367 visits
Investigation concerning DSM Grup Danışmanlık İletişim ve Satış Ticaret AŞ concluded (27.7.2023) (28.7.2023)* The investigation conducted according to the Competition Board decision dated 23.09.2021 and numbered 21-44/650-M to determine whether DSM Grup Danışmanlık İletişim ve Satış Ticaret (...)

The EU Commission launches an investigation into a Big Tech company for alleged tying of its communication and collaboration product to its workspace tools (Microsoft)
European Commission - DG COMP (Brussels)
Belgium 1336 contributions 2814957 visits
Antitrust: Commission opens investigation into possible anticompetitive practices by Microsoft regarding Teams* The European Commission has opened a formal investigation to assess whether Microsoft may have breached EU competition rules by tying or bundling its communication and (...)

The US FTC proposes a settlement to stop anticompetitive conduct by a health information technology company with a 95% ’supershare’ in the e-prescribing services market (Surescript)
US Federal Trade Commission (FTC) (Washington)
United States 171 contributions 40114 visits
FTC Reaches Proposed Settlement with Surescripts in Illegal Monopolization Case* Proposed order remedies anticompetitive conduct that led to higher prices, stifled innovation, and reduced customer choice in e-prescription market The Federal Trade Commission filed a proposed order that (...)

The French Competition Authority notifies its objections to a Big Tech company concerning its practices in the distribution of mobile apps sector (Apple)
French Competition Authority (Paris)
France 741 contributions 394391 visits
Advertising on iOS mobile applications: the General Rapporteur confirms having notified the Apple group of an objection* The General Rapporteur of the Autorité de la concurrence has confirmed that an objection has been notified to the Apple group, concerning practices in the distribution of (...)

The UK Competition Authority announces that a Big Tech company has offered commitments not to use seller data and to treat all sellers’ offers equally in response to competition concerns (Amazon)
UK Competition & Markets Authority - CMA (London)
United Kingdom 384 contributions 95284 visits
Amazon offers to change Marketplace rules to address CMA concerns* In response to competition concerns raised by the CMA, Amazon has offered commitments not to use Marketplace seller data and to treat all sellers’ offers equally when selecting which to feature in the ‘Buy Box’. Amazon has (...)

The German Competition Authority moves to make commitments offered by the national football league to address the 50+1 rule and benefactor exemptions binding (DFL)
German Competition Authority (Bonn)
Germany 447 contributions 113592 visits
50+1 proceeding – commitments offered by DFL to be declared binding* Bonn, 13 July 2023: In the proceeding assessing under competition law the so-called 50+1 rule, the Bundeskartellamt intends to declare binding the amendments to Deutsche Fußball Liga’s (DFL’s) League Statutes that DFL has (...)

The Dutch Competition Authority maintains findings of excessive pricing against medicine supplier but reduces the fine imposed (Leadiant)
Van Bael & Bellis (Brussels)
Belgium 56 contributions 25396 visits
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Van Bael & Bellis (Brussels)
Belgium 53 contributions 22784 visits
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Van Bael & Bellis (Brussels)
Belgium 154 contributions 52614 visits
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Autoriteit Consument & Markt, the Dutch competition authority ( ACM ), announced on 11 July 2023 that it had considered the objections raised by Leadiant against its earlier decision of 1 July 2021 finding Leadiant guilty of an abuse of dominant position in the form of excessive prices (...)

The Italian Council of State confirms the finding of an abuse of dominance against an FMCG company in the market for the distribution of impulse ice creams (Unilever Italia)
Municipality of Cagliari
166 contributions 132928 visits
Introduction By the judgment recently issued in the Unilever-AGCM case, the Italian Council of State (the Court) has uphold an infringement decision of the Italian Competition Authority (ICA) against Unilever . The ICA had found that Unilever and its distributors violated Article 102 TFEU. (...)

The Turkish Competition Authority holds that a Big Tech company has violated competition law by abusing its dominant position in the general search services market (Google)
Turkish Competition Authority (Ankara)
Turkey 39 contributions 5367 visits
Investigation on Google Reklamcılık ve Pazarlama Ltd. Şti., Google International LLC, Google LLC, Google Ireland Limited and Alphabet Inc. Concluded (14.4.2021) (10.7.2023)* The investigation conducted in order to determine whether the economic entity comprised of Google Reklamcılık ve (...)

The Turkish Competition Authority initiates a full-fledged investigation against a Big Tech company for alleged tying and self-preferencing practices in the online advertising industry (Google)
Turkish Competition Authority (Ankara)
Turkey 39 contributions 5367 visits
Investigation about Alphabet Inc., Google LLC, Google International LLC, Google Ireland Limited and Google Reklamcılık ve Pazarlama Ltd. Şti. Opened (19.6.2023) (7.7.2023)* The Competition Board has concluded the preliminary inquiry conducted upon the claim that the economic unity consisted (...)

The EU Court of Justice confirms that National Competition Authorities may consider violations of data protection laws as part of their abuse of dominance assessments (Meta)
Van Bael & Bellis (Brussels)
Belgium 59 contributions 13961 visits
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Van Bael & Bellis (Brussels)
Belgium 8 contributions 1506 visits
On 4 July 2023, the Court of Justice (“CJEU”) handed down its highly anticipated judgment in Case C-252/21 Meta v Bundeskartellamt on the interplay between EU competition law and the EU’s General Data Protection Regulation (the “GDPR”). The CJEU held that competition authorities can analyse a (...)

The French Competition Authority publishes its market study on competition in the cloud computing sector
French Competition Authority (Paris)
France 741 contributions 394391 visits
Cloud computing: the Autorité de la concurrence issues its market study on competition in the cloud sector* Background On 27 January 2022, the Autorité de la concurrence announced that it had started proceedings ex-officio to issue a market study on competition conditions in the cloud (...)

The Israeli Competition Authority affirms the monopoly position of a company in the green tea and herbal infusion markets (Wissotzky)
Israel Competition Authority (Jerusalem)
Israel 17 contributions 2104 visits
The Director-General of the Israel Competition Authority Declares Wissotzky a Monopoly in the Green Tea and Herbal Infusion Markets* After an examination that began a year and a half ago and following a hearing conducted for the company over the past months, the Director-General of the ICA (...)

The German Competition Authority orders the incumbent rail operator to make its real-time traffic data available to rivals (Deutsche Bahn)
Van Bael & Bellis (Brussels)
Belgium 8 contributions 1506 visits
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Van Bael & Bellis (Brussels)
Belgium 30 contributions 3978 visits
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Van Bael & Bellis (Brussels)
Belgium 24 contributions 4806 visits
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On 26 June 2023, the German FCO ordered the state-owned German rail incumbent Deutsche Bahn (“DB”) to cease the abuse of its dominant position in relation to mobility platforms and ordered DB (along with other measures) to make DB’s real time traffic data available to rival mobility platforms. (...)

The German Competition Authority orders the national rail operator to open up its data to third party mobility platforms (Deutsche Bahn)
German Competition Authority (Bonn)
Germany 447 contributions 113592 visits
Open markets for digital mobility services – Deutsche Bahn must end restrictions of competition* Bonn, 28 June 2023: According to the Bundeskartellamt’s decision of 26 June 2023, Deutsche Bahn AG (DB) is in violation of competition law due to abusing its market power in relation to mobility (...)

The EU Commission seeks feedback on the commitments offered by the Spanish State-owned rail operator over its refusal to supply in the online ticket market (Renfe)
European Commission - DG COMP (Brussels)
Belgium 1336 contributions 2814957 visits
Antitrust: Commission seeks feedback on commitments offered by Renfe over possible anticompetitive practices in online rail ticketing in Spain* The European Commission invites comments on commitments offered by Renfe to address competition concerns over its alleged refusal to supply full (...)

The EU Commission sends a Statement of Objection to a Big Tech company over abusive practices in online advertising technology (Google ad tech)
European Commission - DG COMP (Brussels)
Belgium 1336 contributions 2814957 visits
Antitrust: Commission sends Statement of Objections to Google over abusive practices in online advertising technology* The European Commission has informed Google of its preliminary view that the company breached EU antitrust rules by distorting competition in the advertising technology (...)

The Polish Competition Authority concludes an investigation over an alleged abuse of dominance in the fuel market (PKN Orlen)
Polish Competition Authority (Warsaw)
Poland 119 contributions 21701 visits
Fuel market - conclusions of the investigation procedure* The investigation procedure regarding the fuel market has been completed. The prices charged by PKN Orlen at the end of 2022 were without prejudice to competition law. The case was consulted with the European Commission. UOKiK’s (...)

The German Competition Authority welcomes the creation of an accounts centre by a social media giant towards ensuring user data transparency and compliance with the Authority’s prohibition order against the unilateral combination of user data (Meta)
German Competition Authority (Bonn)
Germany 447 contributions 113592 visits
Meta (Facebook) introduces new accounts center – an important step in the implementation of the Bundeskartellamt’s decision* Bonn, 7 June 2023: Meta has announced plans to introduce a new accounts center. The accounts center will allow Meta’s customers for the first time to make a largely (...)

The Austrian Competition Authority files an application to fine an importer of vehicles for market abuse (Büchl)
Austrian Competition Authority (Vienna)
Austria 63 contributions 7166 visits
AFCA files application for a fine for market abuse in the automotive industry* Following an application by a car dealership and servicing garage, and subsequent antitrust proceedings, the Supreme Court sitting as the Supreme Cartel Court issued a decision with legal effect on 17 February (...)

The Australian Competition Authority publishes a report finding that an increasingly concentrated airline industry has led to high prices and worse service for consumers
Australian Competition and Consumer Commission (Canberra)
Australia 392 contributions 82307 visits
Domestic airline competition at a critical juncture* A lack of effective competition in Australia’s domestic airline industry, which has characterised the industry for decades, has resulted in higher airfares and poorer service for consumers, the ACCC’s final Airline Competition in Australia (...)

The German Competition Authority publishes the final report on its sector inquiry into non-search online advertising which confirms the significant market position of a Big Tech company (Alphabet / Google)
German Competition Authority (Bonn)
Germany 447 contributions 113592 visits
Inquiry into non-search online advertising: significant market position of Alphabet/Google, insufficient transparency in programmatic advertising* Bonn, 31 May 2023: Today the Bundeskartellamt has published the final report on its sector inquiry into non-search online advertising. Andreas (...)

The Chinese State Administration for Market Regulation fines a pharmaceutical company for engaging in resale price maintenance (Zizhu Pharma)
Hogan Lovells (Beijing)
China 81 contributions 19768 visits
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Hogan Lovells Fidelity (Shanghai)
9 contributions 2190 visits
On 29 May 2023, China’s antitrust authority – the State Administration for Market Regulation (“SAMR”) – published the decision against Zizhu Pharma on its webpage. The company was fined by SAMR’s Beijing branch for engaging in resale price maintenance (“RPM”), the antitrust lingo for (...)

The Romanian Competition Authority launches an investigation into a possible infringement of the competition rules by a multinational video game and digital entertainment company and its subsidiaries (Sony Interactive Entertainment)
Romanian Competition Council (Bucharest)
Romania 158 contributions 27660 visits
THE ROMANIAN COMPETITION COUNCIL IS INVESTIGATING THE MARKET FOR THE DISTRIBUTION OF PLAYSTATION COMPATIBLE VIDEO GAMES* The Romanian Competition Council has started an investigation regarding the potential infringement of competition rules by Sony Interactive Entertainment Europe Limited (...)

The Italian Competition Authority launches an investigation into the national football federation for an alleged abuse of dominance in the organisation of recreational-amateur competitions in the youth sector (FIGC)
Italian Competition Authority (Rome)
Italy 69 contributions 18292 visits
A562 - Italian Competition Authority: investigation launched against the Italian Football Federation (Federazione Italiana Giuoco Calcio, FIGC) for an alleged abuse of a dominant position* According to the Authority, the Italian Football Federation tried to restrict the organisation of (...)

The Canadian Competition Authority obtains a court order to advance an investigation into the alleged abuse of dominance by a provider of technology solutions and support services (Dominion Lending Centres)
Canadian Competition Bureau (Gatineau)
Canada 76 contributions 10525 visits
Competition Bureau obtains court order to advance an investigation of Dominion Lending Centres* News release The Competition Bureau has obtained a court order to advance a civil investigation into alleged anti-competitive conduct by Dominion Lending Centres Inc. (DLC). The Bureau (...)

The Italian Competition Authority opens an investigation into a football federation for allegedly abusing its dominance by hindering third parties’ amateur competitions (FIGC)
Portolano Cavallo (Milan)
Italy 63 contributions 9800 visits
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Portolano Cavallo (Milan)
Italy 36 contributions 6803 visits
On May 16, 2023, the Italian Competition Authority (“AGCM” or “ICA”) launched an investigation to determine whether the Italian Football Federation (Federazione Italian Giuoco Calcio, or “FIGC”) abused a dominant position in breach of Article 102 of the Treaty on the Functioning of the (...)

The EU General Court annuls the approval decision of the Commission on the recapitalisation of a German airline company in the context of the COVID-19 pandemic (Ryanair / Condor)
European Court of Justice (Luxembourg)
Luxembourg 329 contributions 102334 visits
The General Court annuls the decision of the Commission to approve the recapitalisation of Lufthansa by Germany, amounting to €6 billion euros, in the context of the COVID-19 pandemic* The Commission committed several errors, in particular, by considering that Lufthansa was unable to obtain (...)

The Croatian Competition Authority terminates unfair pricing proceedings against the national postal service due to lack of evidence (Hrvatska Pošta)
Croatian Competition Agency (Zagreb)
Croatia 118 contributions 19378 visits
CCA terminates proceeding against Croatian Post due to lack of evidence of unfair pricing* The aim of the protection of market competition is primarily to create benefits for consumers and equal conditions for all entrepreneurs on the market, who, acting in accordance with the existing rules (...)

The Brazilian Competition Authority initiates a preliminary investigation into abuse of dominance against two Big Tech companies in a case involving the ‘Fake News’ Bill (Google / Meta)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 63 contributions 18124 visits
CADE launches enquiry into abuse of dominant position by Google and Meta in case involving ‘Fake News’ Bill* On 2 May, the Office of the Superintendent-General of the Administrative Council for Economic Defense (CADE) launched a preliminary enquiry into alleged abuse of their dominant (...)

The French Competition Authority imposes interim measures by ordering a social media giant to define new objective, transparent, non-discriminatory and proportionate criteria to access its data (Meta)
Van Bael & Bellis (Brussels)
Belgium 41 contributions 11071 visits
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Van Bael & Bellis (Brussels)
Belgium 29 contributions 5196 visits
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Van Bael & Bellis (Brussels)
Belgium 59 contributions 13961 visits
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On 4 May 2023, the French Competition Authority (“FCA”) imposed interim measures on Meta Platforms Inc., Meta Platforms Ireland Ltd. and Facebook France (“Meta”), to remedy the harm likely caused to the independent advertising verification sector and to the complainant Adloox SAS (“Adloox”) by (...)

The French Competition Authority issues interim measures against a social media giant over an alleged abuse of dominance in the online ad verification sector (Meta)
French Competition Authority (Paris)
France 741 contributions 394391 visits
Online ad verification: The Autorité de la concurrence issues interim measures against Meta* Background Having received a complaint in October 2022 from the company Adloox SAS (hereinafter "Adloox") regarding practices implemented by the companies Meta Platforms Inc., Meta Platforms (...)

The Hellenic Competition Authority holds that a company active in bauxite production and supply market abused its dominant position through disrupting bauxite supply (Mytilineos / Imerys Voxites / Imerys Greece)
Hellenic Competition Commission (Athens)
Greece 126 contributions 17184 visits
Decision on the complaint lodged by MYTILINEOS against the companies IMERYS BAUXITE GREECE and IMERYS INDUSTRIAL MINERALS GREECE* Subject: Decision on the complaint lodged by MYTILINEOS S.A. - GROUP OF COMPANIES against the companies IMERYS BAUXITE GREECE SINGLE MEMBER S.A. and IMERYS (...)

The Mexican Competition Authority initiates an abuse of dominance investigation in the market for the distribution and commercialization of scopolamine
Mexican Competition Authority (Mexico City)
Mexico 134 contributions 25982 visits
Cofece initiates investigation in the market for the distribution and commercialization of scopolamine in national territory* The Investigative Authority has indications of possible absolute monopolistic practices in the market for this active ingredient used in the manufacture of medicines. (...)

The UK Competition Authority opens consultation on the commitments offered by a Big Tech app store owner to allow app developers to use alternative payment options for in-app purchases (Google)
UK Competition & Markets Authority - CMA (London)
United Kingdom 384 contributions 95284 visits
App developers on Google Play store offered payment choices following CMA probe* Google has said it will allow developers to use alternative payment options after CMA investigation into its control over Google Play in-app purchases. The Competition and Markets Authority (CMA) is consulting (...)

The Italian Competition Authority closes an abuse of dominance investigation against a leading train operating company with a commitment decision (Trenitalia / NTV)
Municipality of Cagliari
166 contributions 132928 visits
In the High Speed and Regional Rail Transport case the Italian Competition Authority (ICA) opened an Article 102 TFEU enquiry into a non-price abusive practice in the market for rail passenger services the leading train operating company and former monopolist was alleged to have perpetrated. (...)

The Italian Competition Authority accepts the commitments offered by the national rail incumbent over its proposed grant of data access to a rival high-speed rail services provider for the purposes of selling combined tickets (Trenitalia / NTV)
Van Bael & Bellis (Brussels)
Belgium 8 contributions 1506 visits
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Van Bael & Bellis (Brussels)
Belgium 29 contributions 5196 visits
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Van Bael & Bellis (Brussels)
Belgium 59 contributions 13961 visits
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On 18 April 2023, the Italian Competition Authority (“ICA”) accepted commitments offered by the Italian national rail incumbent, Trenitalia S.p.A. (“Trenitalia”), whereby Trenitalia will grant Italo – Nuovo Trasporto Viaggiatori (“NTV”), its competitor in high-speed rail transport services, (...)

The US DoJ adds 9 State Attorneys General to its joint suit against a Big Tech company for monopolising digital advertising technologies (Google)
US Department of Justice (Washington)
United States 176 contributions 74261 visits
Nine Additional States Join Justice Department’s Suit Against Google for Monopolizing Digital Advertising Technologies* The Attorneys General of Arizona, Illinois, Michigan, Minnesota, Nebraska, New Hampshire, North Carolina, Washington and West Virginia today joined a civil antitrust (...)

The Japanese FTC cautions an investment bank for potentially abusing its superior bargaining position by pushing startups to accept underpriced initial public offerings (Mizuho Securities)
Japan Fair Trade Commission (Tokyo)
Japan 132 contributions 23862 visits
The JFTC Issued a Caution to Mizuho Securities Co., Ltd.* The Japan Fair Trade Commission (JFTC) today issued a caution to Mizuho Securities Co., Ltd. (Mizuho). In this case, Mizuho’s conduct may lead to violation of prohibition of the Article 19(falling under the Item 5, Paragraph 9, (...)

The Italian Council of State seeks clarification from the EU Court of Justice in the context of refusal to deal in digital markets (Google / Enel X)
Municipality of Cagliari
166 contributions 132928 visits
On the appeal proceedings against the infringement decision made by the Italian Competition Authority (ICA) in Google/Enel X, the highest Italian administrative court, the Council of State (CdS), referred the matter to the Court of Justice of the EU (CJEU). What the CdS sought from the CJEU in (...)

The UK Communications Regulator announces that it will refer the national cloud communications market to the Competition Authority for a deeper investigation (Amazon / Microsoft)
Morgan Lewis (London)
United Kingdom 1 contribution 75 visits
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Morgan Lewis (London)
United States 13 contributions 5638 visits
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Morgan Lewis (London)
United Kingdom 26 contributions 9847 visits
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The UK communications regulator and concurrent competition authority, Ofcom, announced on April 5 its proposal to refer the UK cloud services market to the Competition and Markets Authority (CMA) for further investigation. This coincided with publication of the interim report of Ofcom’s market (...)

The German Competition Authority holds that a Big Tech company is an undertaking of paramount significance for competition across markets and consequently, is subject to the provisions for large digital companies under the Competition Act (Apple)
German Competition Authority (Bonn)
Germany 447 contributions 113592 visits
Apple also subject to provisions for large digital companies under Section 19a GWB* Bonn, 5 April 2023: The Bundeskartellamt decided that Apple Inc. based in Cupertino, USA, is an undertaking of paramount significance for competition across markets. Apple and its subsidiaries are thus (...)

The US DoJ, FTC, and EU Commission hold the third meeting of the EU-US Joint Technology Competition Policy Dialogue
US Department of Justice (Washington)
United States 176 contributions 74261 visits
Justice Department, Federal Trade Commission and European Commission Hold Third U.S.-EU Joint Technology Competition Policy Dialogue* The Justice Department’s Antitrust Division Assistant Attorney General Jonathan Kanter, Federal Trade Commission (FTC) Chair Lina M. Khan, and Executive Vice (...)

The New Zealand Competition Authority publishes the Misuse of Market Power Guidelines aimed at helping businesses understand the market power test ahead of the proposed Market Power Law
New Zealand Commerce Commission (Wellington)
New Zealand 171 contributions 23613 visits
New market power law will help stamp out anti-competitive behaviour* Commerce Commission issues guidelines to help businesses understand new market power test. The Commerce Commission today published its Misuse of market power guidelines, ahead of a law change that will make it easier to (...)

The EU Commission takes action to amend the Framework on exclusionary abuses of dominance
Jones Day (Brussels)
Belgium 30 contributions 21639 visits
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Jones Day (Brussels)
Belgium 21 contributions 9506 visits
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Jones Day (Brussels)
Belgium 20 contributions 7927 visits
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In Short The Situation: On 27 March 2023, the European Commission ("Commission") published a Communication amending its 2008 Guidance on enforcement priorities concerning exclusionary abuses ("amended 2008 Guidance Paper"), and launched a consultation process for the adoption of Guidelines (...)

The EU Commission clarifies effects-based approach to exclusionary conduct by dominant companies with the publishing of its new guidelines
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 60 contributions 26084 visits
European Commission Clarifies Effect-Based Enforcement of Exclusionary Conduct by Dominant Companies* In the European Commission’s (EC’s) most significant policy shift on abuse of market dominance in 15 years, the authority published revised guidelines, heralding a shift away from the more (...)

The EU Commission amends the Guidance on abuse of dominance
Freshfields Bruckhaus Deringer (London)
United Kingdom 8 contributions 19044 visits
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Freshfields Bruckhaus Deringer (Berlin)
Germany 7 contributions 5623 visits
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Freshfields Bruckhaus Deringer (Brussels)
Belgium 1 contribution 106 visits
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In a surprise move, the European Commission has published a revised version of its 2008 guidance on enforcement priorities for abusive exclusionary conduct by dominant undertakings ( Guidance ). The amendments were published on 27 March 2023, without prior consultation and with immediate (...)

The EU Commission announces plans for new Article 102 TFEU Guidelines and amends the previous Guidance on enforcement priorities
Herbert Smith Freehills (Brussels)
Belgium 44 contributions 17608 visits
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Herbert Smith Freehills (Brussels)
Belgium 116 contributions 71653 visits
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Herbert Smith Freehills (London)
United Kingdom 2 contributions 2298 visits
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On 27 March 2023, the European Commission (Commission) announced its intention to adopt detailed new guidelines on the application of Article 102 TFEU to exclusionary conduct. The Commission explained that “Article 102 TFEU is one of the few areas of European competition law where no (...)

The EU Commission announces Guidelines on exclusionary abuses which acknowledge the central role of an effects-based approach in abuse of dominance cases
Van Bael & Bellis (Brussels)
Belgium 29 contributions 5196 visits
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Van Bael & Bellis (Brussels)
Belgium 34 contributions 7587 visits
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Van Bael & Bellis (Brussels)
Belgium 59 contributions 13961 visits
On 27 March 2023, the European Commission (“Commission”) launched a new legislative and policy initiative which aims to replace the Commission’s 2008 guidance on its enforcement priorities in Article 102 cases involving allegedly exclusionary conduct (the “2008 Guidance Paper”) with formal (...)

The EU Commission announces an initiative acknowledging the effects-based approach in abuse of dominance cases while retracting from a consumer welfare-based economic effects analysis
Van Bael & Bellis (Brussels)
Belgium 59 contributions 13961 visits
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Van Bael & Bellis (Brussels)
Belgium 29 contributions 5196 visits
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Van Bael & Bellis (Brussels)
Belgium 34 contributions 7587 visits
On 27 March 2023, the European Commission (“Commission”) launched a new legislative and policy initiative which aims to replace the Commission’s 2008 guidance on its enforcement priorities in Article 102 cases involving allegedly exclusionary conduct (the “2008 Guidance Paper”) with formal (...)

The Chinese State Administration for Market Regulation issues four updates to the final implementing guidelines for the amended Anti-Monopoly Law
Herbert Smith Freehills (Shanghai)
China 7 contributions 1950 visits
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Herbert Smith Freehills (Hong Kong)
Hong Kong 12 contributions 3003 visits
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Herbert Smith Freehills (Hong Kong)
China 6 contributions 1140 visits
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On 24 March 2023, China’s State Administration for Market Regulation (SAMR) issued updated versions of four competition law related guidelines, replacing the interim provisions previously in force. These new guidelines have come into effect on 15 April 2023 and include: 1.Provisions on the (...)

The Austrian Competition Authority cooperates closely with the EU Commission on the enforcement of the Digital Markets Act
Austrian Competition Authority (Vienna)
Austria 63 contributions 7166 visits
EU Digital Markets Act – AFCA cooperates closely with European Commission* The European Regulation on contestable and fair markets in the digital sector (Digital Markets Act – DMA) entered into force on 1 November 2022. The Act prohibits companies that provide digital platform services and (...)

The Belgian Competition Authority opens abuse of dominance proceedings over a below thresholds acquisition, in the first case following the Towercast precedent (Proximus / Edpnet)
Van Bael & Bellis (Brussels)
Belgium 53 contributions 22784 visits
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Van Bael & Bellis (Brussels)
Belgium 56 contributions 25396 visits
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Van Bael & Bellis (Brussels)
Belgium 154 contributions 52614 visits
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The Belgian Competition Authority ( BCA ) announced yesterday that it would review the acquisition of Edpnet by telecommunications operator Proximus under the rules prohibiting abusive conduct by dominant companies (see, attached press release). Edpnet supplies broadband communications (...)

The Dutch Competition Authority warns suppliers of smart sports devices, food supplements and portable TV receivers over potential resale price maintenance
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 207 contributions 34961 visits
ACM warns suppliers that restrict the freedom of retailers to set their own retail prices* Over the past several months, the Netherlands Authority for Consumers and Markets (ACM) has warned various suppliers that they may have exercised undue influence over the retail prices of their (...)

The EU Court of Justice rules that Article 102 TFEU permits ex post merger control, at the national level, with a non-Community dimension (Towercast)
European Court of Justice (Luxembourg)
Luxembourg 329 contributions 102334 visits
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 merger deals can be challenged and reviewed under the abuse of dominance rules (Towercast)
Jones Day (Brussels)
Belgium 21 contributions 9506 visits
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Jones Day (Paris)
France 30 contributions 25363 visits
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Jones Day (Brussels)
Belgium 20 contributions 7927 visits
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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 non-notifiable mergers can be reviewed under abuse of dominance rules (Towercast)
Herbert Smith Freehills (Brussels)
Belgium 44 contributions 17608 visits
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Herbert Smith Freehills (Paris)
France 94 contributions 45504 visites
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Herbert Smith Freehills (Brussels)
Belgium 116 contributions 71653 visits
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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 Canadian Competition Authority recommends significant improvements to the Competition Act to address market concentration issues, information-gathering powers, and the streamlining of investigative and judicial processes
Canadian Competition Bureau (Gatineau)
Canada 76 contributions 10525 visits
Competition Bureau provides recommendations to improve competition law in Canada* Bureau recommends strengthening laws based on enforcement experience The Competition Bureau is pleased to present its submission in response to the Government of Canada’s ongoing consultation on the future (...)

The Spanish Competition Authority investigates a power generation company and its parent for possibly abusing its dominance by benefitting its own downstream operations (Luminora / Soltec)
Spanish Competition Authority (CNMC) (Madrid)
Spain 138 contributions 30049 visits
The CNMC investigates the power generation company Luminora and its parent company Soltec for a possible abuse of a dominant position* Luminora is the company designated as the so-called “single node interlocutor” (IUN in Spanish) in the market for access to the electricity transmission (...)

The German Competition Authority closes an abuse of dominance investigation in the market for armoured transport vehicle maintenance following supply commitments by an armoured vehicle diagnostics service provider (Rheinmetall Landsysteme / FFG Flensburg Fahrzeugbau)
Fieldfisher (Düsseldorf)
Germany 1 contribution 82 visits
Introduction In a press release dated 13 March 2023, the German Cartel Office (BKartA) stated that Rheinmetall must share its maintenance software for wheeled armoured transport vehicles with its competitors for cartel law reasons. In the context of an abuse of dominance proceeding, the (...)

The German Competition Authority closes an abuse of dominance investigation after a diagnostics service provider for armoured vehicles offers commitments to supply (Rheinmetall Landsysteme / FFG Flensburg Fahrzeugbau)
German Competition Authority (Bonn)
Germany 447 contributions 113592 visits
Bundeskartellamt safeguards competition in maintenance of “Boxer” wheeled armoured transport vehicles* Bonn, 13 March 2023: The Bundeskartellamt’s abuse proceeding resulted in Rheinmetall Landsysteme GmbH providing diagnostic software developed by Rheinmetall for “Boxer” wheeled armoured (...)

The Slovak Competition Authority initiates an administrative proceeding for an undertaking providing online intermediary services on discount portals
Slovak Competition Authority (Bratislava)
Slovakia 57 contributions 5550 visits
ABUSE OF DOMINANT POSITION: AMO SR initiated an administrative proceeding in connection with providing online intermediary services on discount portals in Slovakia* The administrative proceeding concerns the possible abuse of dominant position. On 8 March 2023 the Antimonopoly Office of (...)

The Australian Competition Authority publishes an ’issues paper’ on expanding digital platform ecosystems as part of its five-year Digital Platform Services Inquiry
Australian Competition and Consumer Commission (Canberra)
Australia 392 contributions 82307 visits
Expanding digital platform ecosystems to be examined by ACCC* The ACCC will examine the expanding ecosystems of digital platform service providers in Australia as part of its’ five-year Digital Platform Services Inquiry. Large digital platform service providers, like Alphabet (Google), (...)

The 7th Ankara Administrative Court of first instance issues a decision which requires the Competition Authority to investigate allegations of denigration and deceptive practices by a dominant undertaking as potential competition concerns (EAE Elektrik)
ACTECON (Istanbul)
Turkey 12 contributions 4213 visits
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ACTECON (Istanbul)
Turkey 5 contributions 1772 visits
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ACTECON (Istanbul)
Turkey 9 contributions 2321 visits
In recent years, competition authorities around the world have been scrutinising new types of behaviour that might be deemed abusive within the context of antitrust laws. Although those relating to digital markets receive the most attention, not a day passes by without a surprising decision (...)

The EU Commission sends a Statement of Objections to a Big Tech smartphone manufacturer clarifying its concerns over the firm’s App Store rules for music streaming providers, particularly on anti-steering obligations (Apple)
European Commission - DG COMP (Brussels)
Belgium 1336 contributions 2814957 visits
Antitrust: Commission sends Statement of Objections to Apple clarifying concerns over App Store rules for music streaming providers* The European Commission has sent a Statement of Objections to Apple clarifying its concerns over App Store rules for music streaming providers. This (...)

The EU Commission sends a Statement of Objections to a Big Tech smartphone manufacturer clarifying its concerns over the firm’s App Store rules for music streaming providers, particularly on anti-steering obligations (Apple)
Van Bael & Bellis (Brussels)
Belgium 3 contributions 250 visits
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Van Bael & Bellis (Brussels)
Belgium 59 contributions 13961 visits
On 28 February 2023, the European Commission (the “Commission”) announced that in its investigation of Apple’s App Store terms for music streaming app developers, it has adopted a new statement of objections (“SO”) which replaces the previous SO issued against Apple back in April 2021, and (...)

The Brazilian Competition Authority orders a food delivery service to cease exclusivity clauses and install remedies (iFood)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 63 contributions 18124 visits
CADE signs agreement with iFood in case involving exclusivity deals in food delivery marketplaces* The Cease and Desist Agreement intends to promote competition and facilitate the entry of other applications into the sector The Administrative Council for Economic Defense (CADE) entered (...)

The Spanish High Court of Madrid reinstates injunctive measures against an international football association (ESLC / UEFA / FIFA)
Flint Global (Brussels)
France 7 contributions 13939 visits
The 28th Section of the High Court of Madrid (Audiencia Provincial de Madrid), the court of appeal specialising in commercial and competition law in the Madrid region, has recently issued a decision reinstating certain interim measures it had earlier adopted in relation to the Super League (...)

The Bulgarian Competition Authority issues a Statement of Objections over abuse of dominance by undertakings of the same corporate group in the freight rail transport industry (DP NKZI / BDZ TP)
Bulgarian Commission for the Protection of Competition (Sofia)
Bulgaria 20 contributions 2807 visits
The CPC addressed a statement of objections to DP NKZI alleging the company has abused its dominant position, which can prevent, restrict or distort competition in the market for freight rail transport in the country and affect consumers’ interests* With Ruling № 67/19.01.2023 on case № (...)

The US DoJ and 8 State Attorneys General sues a Big Tech company for monopolizing digital advertising technologies, and for the first time in decades seeks damages for a civil antitrust violation (Google)
US Department of Justice (Washington)
United States 176 contributions 74261 visits
Justice Department Sues Google for Monopolizing Digital Advertising Technologies* Through Serial Acquisitions and Anticompetitive Auction Manipulation, Google Subverted Competition in Internet Advertising Technologies Today, the Justice Department, along with the Attorneys General of (...)

The Belgian Competition Authority imposes a €2.7M fine on a pharmaceutical company for abusing its dominance by misleading healthcare professionals about the effectiveness of a generic drug competitor (Novartis)
Van Bael & Bellis (Brussels)
Belgium 53 contributions 22784 visits
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Van Bael & Bellis (Brussels)
Belgium 154 contributions 52614 visits
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Van Bael & Bellis (Brussels)
Belgium 56 contributions 25396 visits
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As if on cue, the Belgian competition authority announced on 24 January 2023 new significant developments with regard to their enforcement activities in the pharmaceutical sector. The Belgian Competition Authority (BCA) indicated that it had imposed a fine of EUR 2,782,808 on Novartis for (...)

The German Competition Authority initiates competition infringement proceedings against a payment services provider for possibly foreclosing competitors and restricting price competition (Paypal)
German Competition Authority (Bonn)
Germany 447 contributions 113592 visits
Bundeskartellamt initiates proceeding against PayPal* The Bundeskartellamt has initiated a proceeding against PayPal (Europe) S.à.r.l. et Cie, S.C.A. on account of practices possibly foreclosing competitors and restricting price competition. The proceeding deals with PayPal’s “Rules about (...)

The EU Court of Justice confirms that an effects-based approach applies to exclusive dealing and clarifies the narrow circumstances under which the conduct of distributors can engage the liability of a dominant company (Unilever Italia)
White & Case (Brussels)
Belgium 20 contributions 10194 visits
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White & Case (Brussels)
Belgium 38 contributions 65515 visits
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White & Case (Brussels)
Belgium 1 contribution 669 visits
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)
Hausfeld (London)
United Kingdom 20 contributions 5143 visits
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)
European Court of Justice (Luxembourg)
Luxembourg 329 contributions 102334 visits
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 issues a decision on the imputation of liability and treatment of exclusivity under the EU prohibition on abuse of dominance (Unilever Italia)
Clifford Chance (Brussels)
Belgium 1 contribution 54 visits
In its January 2023 Unilever Italia judgment, the European Court of Justice ("ECJ") ruled on two important practical aspects of the application of the EU prohibition on abuse of dominance under Article 102 TFEU. Background In December 2020, the Italian Consiglio di Stato made a request for (...)

The Turkish Competition Authority grants block exemption to a multi-category e-marketplace company after a preliminary investigation on alleged restriction of competition practices (Trendyol)
ACTECON (Istanbul)
Turkey 12 contributions 4213 visits
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ACTECON (Istanbul)
Turkey 5 contributions 1772 visits
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ACTECON (Istanbul)
Turkey 2 contributions 730 visits
On 17 January 2023, the Turkish Competition Authority (“TCA”) announced its reasoned decision rendered as a result of the preliminary investigation that was conducted against DSM Grup Danışmanlık İletişim ve Satış Ticaret AŞ (“Trendyol”). The preliminary investigation was initiated pursuant to (...)

The EU Court of Justice upholds the General Court’s judgment imposing a fine of approximately €20M on the Lithuanian national rail company for abuse of dominance (Lietuvos geležinkeliai)
European Court of Justice (Luxembourg)
Luxembourg 329 contributions 102334 visits
Abuse of a dominant position: The Court of Justice upholds the judgment of the General Court imposing a fine of approximately € 20 million on the Lithuanian national rail company * The Commission conducted a comprehensive analysis which makes it possible to establish to the requisite legal (...)

The Polish Competition Authority fines a German manufacturer of vacuum cleaners for resale price maintenance (Karcher)
Polish Competition Authority (Warsaw)
Poland 119 contributions 21701 visits
Karcher - fine for long-standing collusion* Sales prices of cleaning devices and systems of the Kaercher brand have been artificially inflated for more than 20 years. President of UOKiK Tomasz Chróstny imposed a fine of PLN 26 million on the Karcher company. The penalty would be significantly (...)

The German Competition Authority issues a Statement of Objections against a Big Tech search engine for implementing anticompetitive data processing terms (Google)
German Competition Authority (Bonn)
Germany 447 contributions 113592 visits
Statement of objections issued against Google’s data processing terms* Bonn, 11 January 2023: On 23 December 2022 the Bundeskartellamt sent Alphabet Inc., Mountain View, USA, Google Ireland Ltd., Dublin, Ireland, and Google Germany GmbH, Hamburg, Germany, its preliminary legal assessment in (...)

The Czech Competition Authority fines a payment processing company for abuse of dominance in the market for updated data on public transport timetables (Chaps)
Czech Competition Authority (Brno)
Czech Republic 47 contributions 6262 visits
NEW FINE FOR ABUSE OF DOMINANT POSITION IMPOSED ON CHAPS AMOUNTS TO CZK 956,000* The Chairman of the Office for the Protection of Competition, Petr Mlsna, has confirmed repeatedly the fine of CZK 956,000 imposed on CHAPS spol. s r.o. (hereinafter CHAPS) for abuse of a dominant position in (...)

The Czech Parliament amends the Significant Market Power Act to extend its application from retail to all levels of the agricultural supply chain
Schoenherr (Prague)
Czech Republic 2 contributions 158 visits
A significant amendment to the Czech Significant Market Power Act The Czech Republic have had an Act on significant market power in the sale of agricultural and food products and its abuse (the ’SMP Act’) in effect since 2010. In the light of the Directive (EU) 2019/633 on unfair trading (...)

The Polish Competition Authority fines the nation’s largest online trading platform for favoring its own downstream online store (Allegro)
Polish Competition Authority (Warsaw)
Poland 119 contributions 21701 visits
President of UOKiK issued two decisions concerning Allegro’s practices* Tomasz Chróstny, President of UOKiK, has issued two decisions imposing over PLN 210 million in penalties on Allegro. The first decision concerns a breach of competition rules. The economic operator was unlawfully abusing (...)

The Italian Council of State annuls a €10.86M fine imposed on a ticket-seller for concluding exclusive agreements and a series of anticompetitive mergers (TicketOne)
Luiss Guido Carli University (Rome)
Italy 7 contributions 2516 visits
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Luiss Guido Carli University (Rome)
Italie 7 contributions 4275 visites
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Luiss Guido Carli University (Rome)
Italy 15 contributions 11331 visits
The dispute concerns the measure of the Italian Competition Authority (ICA) no. 28495 of 22 December 2020, proceeding A523, concerning the finding of an abuse of a dominant position and the imposition of a fine of EUR 10,868,472 on CTS, TicketOne S.p.A., Di and Gi S.r.l. in bankruptcy, F&P (...)

The French Competition Authority fines a vehicle roadworthiness test company for abuse of a dominant position in Guadeloupe (CTPL)
French Competition Authority (Paris)
France 741 contributions 394391 visits
The Autorité de la concurrence fines CTPL-AG for abuse of a dominant position* The Autorité de la concurrence fines CTPL-AG for excessive prices in the market for roadworthiness tests for heavy-duty vehicles and for favouring its sister company, which is active in the related market for (...)

The German Competition Authority secures a licensing deal on behalf of news publishers as part of a now-concluded investigation into the world’s largest search engine (Google News Showcase)
German Competition Authority (Bonn)
Germany 447 contributions 113592 visits
Improvements for publishers using Google News Showcase* Bonn, 21 December 2022: The Bundeskartellamt has concluded its proceeding against Google/Alphabet with regard to the “Google News Showcase” online news service after Google made a number of important adjustments to the benefit of (...)

The EU Commission sends a Statement of Objections to a social network firm over alleged unfair trading practices and abusive tying of the firm’s online marketplace (Meta / Facebook Marketplace)
European Commission - DG COMP (Brussels)
Belgium 1336 contributions 2814957 visits
Antitrust: Commission sends Statement of Objections to Meta over abusive practices benefiting Facebook Marketplace* The European Commission has informed Meta of its preliminary view that the company breached EU antitrust rules by distorting competition in the markets for online classified (...)

The Seoul High Court upholds the South Korean FTC’s decision to sanction “self-preferencing” as an abuse of dominance (NAVER shopping)
Korea University (Seoul)
South Korea 1 contribution 108 visits
It would no longer be surprising to see competition or regulatory authorities blaming digital platforms for favouring their own services on their own platforms. In particular, in Europe, seeing the General Court’s Google decisions (see e.g., Johannes Persch’s blog posts on Shopping and (...)

The French Competition Authority fines a provider of supplementary social protection services €800,000 for misleading consumers over the relationship between the firm and its subsidiary and sharing access to its databases with its subsidiary (Audiens Santé-Prévoyance / Movinmotion)
French Competition Authority (Paris)
France 741 contributions 394391 visits
The Autorité de la concurrence fines Audiens Santé-Prévoyance, in a dominant position on the markets for collective supplementary social protection for entertainment workers, for abuse of a dominant position in the market for payroll management services for entertainment workers, in which its (...)

The French Competition Authority rejects request by a mobile telephone equipment hosting company to lift competition commitments due to likelihood of abuse of dominant position (TDF)
French Competition Authority (Paris)
France 741 contributions 394391 visits
Hosting of antennas on pylon sites: the Autorité de la concurrence rejects TDF’s request to lift its commitments* Background The Autorité de la concurrence has rejected TDF’s request to lift the commitments made mandatory by Decision 15-D-09 of 4 June 2015. The Autorité considers that (...)

The Italian Council of State quashes an Article 102 TFEU infringement decision against an energy company on the grounds of misapplication of relevant facts to sustain an Article 102 TFEU infringement (Enel)
Municipality of Cagliari
166 contributions 132928 visits
The Italian Council of State quashes an Article 102 TFEU infringement decision against the formal energy monopolist By the appeal judgment issued in Servizio Elettrico Nazionale v Autorità Garante della Concorrenza e del Mercato (SEN v AGCM), the Council of State (CoS), the Italian supreme (...)

The French Competition Authority dismisses a claim suggesting there was discrimination in the tendering process for the rights to broadcast the matches of the foremost French football league (Amazon / Canal + / beIN Sports)
French Competition Authority (Paris)
France 741 contributions 394391 visits
Partial reawarding of the TV rights for Football Ligue 1 to Amazon: the Autorité de la concurrence rejects the complaints of the Canal + Group and beIN Sports for lack of sufficient evidence* Background The reawarding to Amazon of the broadcasting rights for Football Ligue 1 previously (...)

The Spanish Competition Authority fines the maker of an orphan medicine to treat a rare metabolic disorder €10.25M for imposing excessive prices (Leadiant)
Van Bael & Bellis (Brussels)
Belgium 56 contributions 25396 visits
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Van Bael & Bellis (Brussels)
Belgium 154 contributions 52614 visits
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Van Bael & Bellis (Brussels)
Belgium 53 contributions 22784 visits
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On 14/11/2022, the Spanish Competition Authority (CNMC) imposed a fine of EUR 10.25 million on Leadiant because that firm was found to have abused its dominant position by applying excessive prices for chenodeoxycholic acid, an orphan medicine indicated for the treatment of patients afflicted (...)

The German Competition Authority extends its ongoing proceedings against an e-commerce giant to include the application of new powers which will allow the Authority to review the degree to which the firm may set market rules (Amazon)
German Competition Authority (Bonn)
Germany 447 contributions 113592 visits
Extension of ongoing proceedings against Amazon to also include an examination pursuant to Section 19a of the German Competition Act (GWB)* The Bundeskartellamt has extended two ongoing abuse control proceedings against Amazon to now also include the application of the new instrument for (...)

The Spanish Competition Authority fines a pharmaceutical company €10.25M for selling its orphan drug for the treatment of a rare disease at an excessive price (Leadiant)
Spanish Competition Authority (CNMC) (Madrid)
Spain 138 contributions 30049 visits
The CNMC fines the pharmaceutical company Leadiant 10.25 million for selling its orphan drug for the treatment of a rare disease at an excessive price.* The company has abused its dominant position as the holder of the only medicine available in Spain for the treatment of a rare disease: (...)

The Turkish Competition Authority decides that a Big Tech firm illegally combined data from several of its operations which raised barriers to entry and distorted competition (Meta)
Turkish Competition Authority (Ankara)
Turkey 39 contributions 5367 visits
Investigation about Meta Platforms Inc. (previously Facebook Inc.), Meta Platforms Ireland Limited (previously Facebook Ireland Limited), WhatsApp LLC and Madoka Turkey Bilişim Hizmetleri Ltd. Şti. Concluded (26.10.2022) (10.11.2022)* The investigation about Meta Platforms Inc. (previously (...)

The US FTC announces expanded enforcement authority under Section 5 of the FTC Act
Morgan Lewis (Philadelphia)
United States 3 contributions 328 visits
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Morgan Lewis (Philadelphia)
United States 3 contributions 565 visits
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Morgan Lewis (Washington)
United States 6 contributions 12781 visits
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The enforcement authority of the FTC is a topic of the critically acclaimed book by Concurrences "Rulemaking Authority of the US Federal Trade Commission". Click here to access the book. The Federal Trade Commission (FTC) issued long-awaited guidance regarding its interpretation of the (...)

The Hellenic Competition Authority fines a beverage manufacturer €10.3M for concluding exclusivity agreements with retailers (Coca-Cola)
Hellenic Competition Commission (Athens)
Greece 126 contributions 17184 visits
Imposition of a €10,342,773 fine on COCA COLA 3Ε* Subject: HCC Decision no. 762/2021 imposing a fine of EUR 10,342,773 on the company COCA COLA HELLENIC BOTTLING COMPANY S.A. (COCA COLA 3E) for infringements of articles 2 L. 3959/2011 and 102 TFEU, following an ex officio investigation of (...)

The Croatian Competition Authority opens infringement proceedings against a producer of drywall gypsum boards for applying discounts under discriminatory criteria (Knauf)
Croatian Competition Agency (Zagreb)
Croatia 118 contributions 19378 visits
CCA OPENS INFRINGEMENT PROCEEDING AGAINST KNAUF* The complainant basically stated that Knauf as an undertaking holding a dominant position in the relevant market in the territory of the Republic of Croatia abused its dominant position by applying dissimilar conditions to equivalent (...)

The Croatian Competition Authority opens proceedings against a supermarket for using unfair trading practices by virtue of its dominance (Tommy)
Croatian Competition Agency (Zagreb)
Croatia 118 contributions 19378 visits
Implementation of the UTPS Act: CCA opens proceeding against Tommy* The Croatian Competition Agency (CCA) opened ex officio infringement proceeding within the meaning of the Act on prohibition of unfair trading practices in the business-to-business food supply chain (UTPs Act) with the view (...)

The Chinese State Administration for Market Regulation publishes draft amendments to the Anti-Unfair Competition Law for public comment that target the digital economy and companies with "relatively advantaged" market positions
Jones Day (Beijing)
China 3 contributions 262 visits
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Jones Day (Shanghai)
China 51 contributions 23644 visits
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Jones Day (Beijing)
China 13 contributions 2387 visits
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In Short The Situation: China’s antitrust enforcer, State Administration for Market Regulation ("SAMR"), published draft amendments to the Anti-Unfair Competition Law ("Amendments") for public comment that target the digital economy and companies with "relatively advantaged" market (...)

The Spanish Competition Authority shelves an investigation against the national football federation clearing it of a prior formal indictment for abuse of a dominant position (Real Federación Española de Fútbol)
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 46136 visits
The CNMC has recently closed an investigation into an alleged abuse of dominance by the Royal Spanish Football Federation (Real Federación Española de Fútbol, or RFEF) concerning the commercialization of the broadcasting rights of the Second B and Third football divisions (both are (...)

The US DoJ secures a guilty plea from executives in the construction sector for attempted monopolization (Nathan Nephi Zito)
US Department of Justice (Washington)
United States 176 contributions 74261 visits
Executive Pleads Guilty to Criminal Attempted Monopolization* Construction Company President Admits to Violating Section 2 of the Sherman Act The president of a paving and asphalt contractor based in Billings, Montana, has pleaded guilty to attempting to monopolize the market for highway (...)

The Spanish Competition Authority fines a contraceptive products company for abuse of a dominant position over vexatious patent litigation (Merck Sharp & Dohme)
Van Bael & Bellis (Brussels)
Belgium 56 contributions 25396 visits
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Van Bael & Bellis (Brussels)
Belgium 53 contributions 22784 visits
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Van Bael & Bellis (Brussels)
Belgium 154 contributions 52614 visits
…
Today, the Spanish competition authority (Comisión nacional de los mercados y la competencia - CNMC ) imposed a fine of EUR 38,934,000 on Merck Sharp & Dohme ( MSD ) because that firm allegedly abused its dominant position in the market for contraceptive vaginal rings (see, attached press (...)

The Spanish Competition Authority fines a pharmaceutical company €39M for filing unjustified lawsuits with the goal of delaying the entry of rivals into the market for female contraceptive rings (Merck Sharp & Dohme)
Spanish Competition Authority (CNMC) (Madrid)
Spain 138 contributions 30049 visits
The CNMC fines pharmaceutical company Merck Sharp and Dohme 39 million euros for abuse of a dominant position in the market for vaginal contraceptive rings* In 2017, the company took unjustified legal action against its competitor Insud Pharma under the pretext of protecting its patent. With (...)

The Spanish Competition Authority imposes sanctions on a pharmaceutical company for misusing litigation strategies regarding patents (Merck Sharp & Dohme)
Herbert Smith Freehills (Brussels)
Belgium 116 contributions 71653 visits
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Herbert Smith Freehills (Madrid)
Spain 22 contributions 31624 visits
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Herbert Smith Freehills (Madrid)
Spain 12 contributions 2116 visits
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On 21 October 2022, the Spanish National Markets and Competition Commission (CNMC) imposed a €38.9 million fine on pharmaceutical company Merck Sharp and Dohme (MSD) for abusing its dominant position in the Spanish market for contraceptive vaginal rings. In particular, the CNMC concluded that (...)

The Spanish Competition Authority fines a contraceptive products company €39M for alleged abuse of patent rights (Merck Sharp & Dohme)
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 46136 visits
This matter revolves around the disputed expiration of the patent behind Nuvaring, a vaginal ring anti-conceptive product. When Insud Pharma, the complainant in the case, entered the market using an alternative product which Merck considered stepped on its existing rights and filed a patent (...)

The Spanish Competition Authority fines a maker of female contraceptive products for abuse of dominance through vexatious litigation tactics (Merck Sharp & Dohme De España / MSD Human Health)
University of Glasgow
United Kingdom 3 contributions 661 visits
n 21 October 2022 the Spanish CNMC imposed a fine of 38.9 million EUR on MERCK SHARP & DOHME DE ESPAÑA, S.A. and its parent company MSD HUMAN HEALTH HOLDING, B.V. (hereafter jointly ‘MSD’) for abusive practices in the Spanish market of contraceptive rings. Their breach consisted in having (...)

The Spanish Competition Authority holds that patent litigation could be a form of abuse of dominance and imposes a €38.9M fine on a biopharmaceutical company for filing a patent suit aimed at harassing a competitor (Merck Sharp & Dohme)
University of Glasgow
United Kingdom 3 contributions 661 visits
On 21 October 2022 the Spanish CNMC imposed a fine of 38.9 million EUR on MERCK SHARP & DOHME DE ESPAÑA, S.A. and its parent company MSD HUMAN HEALTH HOLDING, B.V. (hereafter jointly ‘MSD’) for abusive practices in the Spanish market of contraceptive rings. Their breach consisted in having (...)

The French Competition Authority dismisses a claim by an association of newsagents that a reseller of postage stamps for franking abused its dominance on the grounds that the case is not a priority (Culture Presse / La Poste)
French Competition Authority (Paris)
France 741 contributions 394391 visits
Resale of postage stamps for franking: the Autorité rejects the complaint of Culture Presse against La Poste and, for the first time, makes use of the procedure of dismissal due to lack of priority* Background The Autorité de la concurrence today rejected Culture Presse’s complaint (...)

The Indian Competition Authority sanctions an online search giant for abusive tying, prohibiting forks in its mobile operating system and concluding exclusivity agreements (Google / Umar Javeed / Sukarma Thapar / Aaqib Javeed)
Gujarat National Law University (Gandhinagar)
India 1 contribution 98 visits
On October 20, 2022, the Competition Commission of India (“CCI”) in Umar Javeed v. Google LLC, under Section 27 of the Competition Act, 2002 (“the Act”), fined Google Rs 1,337 crores and issued a cease-and-desist order for engaging in multiple anti-competitive acts. The Information was filed (...)

The Indian Competition Authority imposes monetary fines on travel agents for abusing their dominant position in the online hotel bookings market (MMT-Go / OYO)
Talwar, Thakore & Associates (New Delhi)
India 3 contributions 168 visits
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Talwar, Thakore & Associates (New Delhi)
Inde 13 contributions 7322 visites
Introduction On 19 October 2022, the Competition Commission of India (CCI) fined the leading Indian online travel agents (OTAs) MakeMyTrip India Pvt Ltd (MMT) and Ibibo Group Private Limited (Goibibo) (collectively referred to as "MMT-Go") 223,480,000 rupees (approximately $27.09 million) (...)

The New Zealand Competition Authority seeks input on the draft Misuse of Market Power Guidelines
New Zealand Commerce Commission (Wellington)
New Zealand 171 contributions 23613 visits
Commission seeks input on draft Misuse of Market Power Guidelines* The Commission has released draft Misuse of Market Power Guidelines and is seeking submissions from interested parties. The Commerce Amendment Act 2022 made changes to section 36 of the Commerce Act 1986, which is the (...)

The Spanish Competition Authority investigates alleged abuse of dominance by a global hotel booking platform (Booking.com)
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 46136 visits
On 17 October 2022, the CNMC has formally initiated an antitrust investigation against Booking.com B.V. (Booking), a travel fare aggregator and metasearch engine for accommodation bookings, for possible anticompetitive practices prohibited under Articles 2 (abuse of dominant position) and 3 (...)

The EU Commission publishes the Digital Markets Act in the Official Journal
Clifford Chance (Brussels)
Belgium 6 contributions 1573 visits
The Digital Markets Act (DMA), the novel regulatory regime for large digital companies - the so-called gatekeepers - has been published in the Official Journal (OJ) of the European Union today. As a result, as provided in the DMA, it will enter into force 20 days after the publication in the (...)

The Romanian Competition Authority opens an investigation into alleged imposition of unfair and unjustified commercial conditions by a producer of spare parts for cars (Auto Italia)
Romanian Competition Council (Bucharest)
Romania 158 contributions 27660 visits
THE COMPETITION COUNCIL HAS OPENED AN INVESTIGATION INTO A POTENTIAL ABUSE OF DOMINANT POSITION OF AUTO ITALIA* The Competition Council has opened an investigation on a possible abuse of dominant position of Auto Italia Impex SRL on the market of supplying original spare parts for the (...)

The French Competition Authority hands out fines worth €1M to a national gas company and its parent companies for abusing the resources at its disposal as a public service to develop its competitive activity (Gaz de Bordeaux)
French Competition Authority (Paris)
France 741 contributions 394391 visits
Gas supply: the Autorité de la concurrence hands out fines worth one million euro to Gaz de Bordeaux and its parent companies for abusing the resources at its disposal as a public service to develop its competitive activity* Background Referred to by the French Energy sectoral regulator, (...)

The EU Commission sends a Statement of Objections to the developer of a multiple sclerosis medication over misuse of the patent system and disparagement of a rival (Teva)
Allen & Overy (Munich)
Germany 2 contributions 136 visits
On 10 October 2022, the European Commission (EC) sent a Statement of Objections to Teva Pharmaceutical Industries Limited and Teva Pharmaceuticals Europe BV (Teva). The EC has provisionally found that Teva abused its dominant position in the market for the treatment of multiple sclerosis by (...)

The EU Commission issues a Statement of Objections against a pharmaceutical company over alleged abuse of dominance consisting of misuse of divisional patents and a disparagement campaign against its closest competitor (Teva)
Herbert Smith Freehills (Brussels)
Belgium 116 contributions 71653 visits
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Herbert Smith Freehills (Brussels)
Belgium 21 contributions 6806 visits
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Herbert Smith Freehills (Brussels)
Belgium 3 contributions 1701 visits
On 10 October 2022, the European Commission (“EU Commission“) formally adopted a Statement of Objections (“SO“) against Teva over an alleged abuse of dominance concerning its blockbuster drug Copaxone, which is used in the treatment of multiple sclerosis. As we reported in March 2021, the EU (...)

The Brazilian Competition Authority signs a cease and desist agreement with a health and fitness club following investigation for abuse of dominance in the minimum price fixed for health fitness activities on its platform (Gympass)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 63 contributions 18124 visits
CADE signs agreement with Gympass in Brazilian health club market* Daily fines are to be applied in case of non-compliance On 21 September 2022, the Administrative Council for Economic Defense (CADE) ratified the Cease and Desist Agreement with Gympass on the administrative enquiry that (...)

The French Competition Authority fines a manufacturer of contact lenses €81M for refusing to deal with online opticians (Essilor)
Van Bael & Bellis (Brussels)
Belgium 15 contributions 2974 visits
On 8 November 2022, the French Competition Authority (the “FCA”) published its decision of 6 October 2022 imposing a fine totalling EUR 81 million on companies belonging to Essilor group (“Essilor”) for having engaged in discriminatory business practices over a period of nearly 12 years in the (...)

The French Competition Authority hands out fines worth €81M to a manufacturer of optical lenses and its parent company for discriminating against online opticians (Essilor)
French Competition Authority (Paris)
France 741 contributions 394391 visits
Optical lenses sector: the Autorité de la concurrence hands out fines worth 81 067 400 euros to Essilor International SAS and its parent company EssilorLuxottica SA for discriminatory trade practices* Background Following dawn raids, interviews and discussions with the main stakeholders in (...)

The Turkish Competition Authority fines a maker of small home appliances for resale price maintenance and imposes restrictions on online sales (Arnica Pazarlama)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 168 contributions 81036 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 5 contributions 1102 visits
Introduction On 4 March 2021, the Turkish Competition Board initiated an investigation to establish whether Arnica Pazarlama AŞ (Arnica), a supplier of small home appliances, had violated article 4 of Law No. 4054 on the Protection of Competition (Law No. 4054) through: resale price (...)

The Turkish Competition Authority imposes interim measures against the exclusive broadcaster of the Turkish Super League football games (Krea İçerik Hizmetleri)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 168 contributions 81036 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 9 contributions 3005 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 2 contributions 612 visits
Introduction The Turkish Competition Board (“Board”) initiated in September 2022 a preliminary investigation against Krea İçerik Hizmetleri ve Prodüksiyon A.Ş. (“Krea”), a company holding exclusive broadcasting rights of the Turkish Super League and Turkish First Division League football (...)

The Turkish Competition Authority imposes interim measures on a television broadcaster of Turkish Super League for providing sub-broadcasting rights in a discriminatory manner (Krea İçehim Hizmetleri)
ACTECON (Istanbul)
Turkey 9 contributions 1838 visits
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ACTECON (Istanbul)
Turkey 3 contributions 651 visits
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ACTECON (Istanbul)
Turkey 2 contributions 154 visits
As per Article 9(4) of Law No. 4054 on Protection of Competition (“Competition Law”), the Turkish Competition Authority (“TCA”) is entitled to impose interim measures in order to maintain the environment before the violation, without exceeding the scope of the final decision, in case of a (...)

The Hamburg Regional Court denies an injunction and rules there is no obligation to supply in a case concerning a major soft drinks manufacturer (EDEKA / Coca-Cola)
Hogan Lovells (Munich)
Germany 6 contributions 6290 visits
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Hogan Lovells (Hamburg)
Germany 5 contributions 1953 visits
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Hogan Lovells (Munich)
Germany 2 contributions 6156 visits
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 the Commission’s decision that a Big Tech firm imposed unlawful restrictions on manufacturers of Android mobile devices and mobile network operators in order to consolidate the dominant position of its search engine (Google Android)
General Court of the European Union (Luxembourg)
Luxembourg 61 contributions 29524 visits
The General Court largely confirms the Commission’s decision that Google imposed unlawful restrictions on manufacturers of Android mobile devices and mobile network operators in order to consolidate the dominant position of its search engine* In order better to reflect the gravity and (...)

The EU General Court partially upholds appeal against the EU Commission’s decision in relation to the abuse of dominance of a Big Tech in the mobile telecommunications sector (Google / Android)
Van Bael & Bellis (Brussels)
Belgium 59 contributions 13961 visits
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Van Bael & Bellis (Brussels)
Belgium 28 contributions 5337 visits
In its Sept. 14 judgment in Google and Alphabet v. Commission, the European Union’s General Court partially upheld Google LLC’s appeal against the European Commission’s 2018 Google Android decision, but confirmed the decision’s most important and consequential elements. The court held that (...)

The EU General Court partially annuls the Commission’s decision against a Big Tech company for non-price based abuses of dominance (Google Android)
Cleary Gottlieb Steen & Hamilton (London)
Belgium 32 contributions 37719 visits
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 19 contributions 21338 visits
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 13 contributions 3332 visits
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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 partially annuls a Commission decision against a search engine but upholds the key elements (Google Android)
Van Bael & Bellis (Brussels)
Belgium 59 contributions 13961 visits
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Van Bael & Bellis (Brussels)
Belgium 28 contributions 5337 visits
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 Portuguese Competition Authority announces that its investigation of a Big Tech company for abuse of dominance at various stages of the digital advertising value chain is moving to the EU Commission (Google)
Portuguese Competition Authority (Lisbon)
Portugal 114 contributions 28741 visits
Portuguese Competition Authority’s Google investigation moves to the European Commission* The investigation In recent years, the Portuguese Competition Authority (AdC) has been investigating in depth the digital markets in Portugal, including digital advertising. Following a complaint (...)

The Turkish Competition Authority assesses competition commitments of a repair and maintenance undertaking for laser engraving machines following a finding of abuse of dominant position (SPGPrints Baskı Sistemleri)
Turkish Competition Authority (Ankara)
Turkey 39 contributions 5367 visits
The Board Decision concerning the assessment of the commitment text submitted by SPGPrints Baskı Sistemleri Tic. Ltd. Şti. within the scope of the preliminary inquiry into the claim that the undertaking abused its dominant position in the market for repair and maintenance of laser engraving (...)

The Spanish Competition Authority clarifies how it will monitor the prices paid by train companies for access to stations, freight terminals and workshops (Adif / Renfe ...)
Spanish Competition Authority (CNMC) (Madrid)
Spain 138 contributions 30049 visits
The CNMC clarifies how it will monitor the prices paid by train companies for access to stations, freight terminals and workshops.* Passenger and freight companies rely on access to these facilities, owned by Adif, Renfe and other companies, in order to operate. According to the regulations, (...)

The Turkish Competition Authority investigates an online marketplace for vehicles and real estate over an alleged abuse of dominance (Sahibiden)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 168 contributions 81036 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 2 contributions 711 visits
The Turkish Competition Authority has continued its investigations into alleged anti-competitive practices in digital markets. This time, the Competition Board (the Authority’s decision-making body) has launched a fully fledged investigation against Sahibinden Bilgi Teknolojileri Paz ve Tic (...)

The German Competition Authority prohibits an airline company from termination of a coordination agreement for the provision of feeder light services on the ground of abuse of dominant position (Condor / Lufthansa)
Cleary Gottlieb Steen & Hamilton (Cologne)
Germany 3 contributions 801 visits
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Cleary Gottlieb Steen & Hamilton (Cologne)
Belgium 4 contributions 865 visits
After publishing its preliminary finding in February 2022, the German Federal Cartel Office (“FCO”) recently prohibited the Deutsche Lufthansa AG group (“Lufthansa”) from terminating longstanding cooperation agreements with Condor Flugdienst GmbH (“Condor”). Under the cooperation agreements, (...)

The US Court of Appeals for the Seventh Circuit rules that hypothetical monopolist test remains "best approach" for geographic market analysis in healthcare context (Vasquez / Indiana University Health)
Hausfeld (Washington)
United States 1 contribution 739 visits
Vasquez v. Indiana Univ. Health, Inc., et al. is a resurrected antitrust suit brought by a local vascular surgeon against Indiana University Health (“IU Health”) and its subsidiary, Bloomington Hospital. The Seventh Circuit reversed and remanded, concluding that the district court had erred (...)

The Turkish Competition Authority fines an online second-hand books company for abuse of dominance (Nadirkitap)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 168 contributions 81036 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 5 contributions 1229 visits
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Freedom Now (Washington)
1 contribution 132 visits
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This article has been nominated for the 2023 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. I. Introduction The Turkish Competition Authority (“ Authority ”) has published its Nadirkitap decision in which it evaluated the allegation as to whether (...)

The Irish Competition Authority seeks views of businesses which use online platforms to sell to consumers
Irish Competition Authority (Dublin)
Ireland 102 contributions 16051 visits
CCPC seeks views of businesses who use online platforms to sell to consumers* The Competition and Consumer Protection Commission (CCPC) has launched an online survey targeted at businesses who use online platforms to offer goods or services to consumers. These platforms could include online (...)

The Georgian Competition Authority opens a market inquiry into the motor fuel market
Georgian Competition Authority (Georgia)
Georgia 9 contributions 548 visits
The National Competition Agency has opened an investigation into the motor fuel market* Based on the recommendation of the Prime Minister of Georgia and the results of the 2022 monitoring, the National Competition Agency has started an investigation into the motor fuel market. The goal of (...)

The Finnish Competition Authority fines a hardware retailer €1.75M for resale price maintenance (Iso­joen Kone­halli)
Finnish Competition and Consumer Authority (Helsinki)
Finland 74 contributions 12561 visits
The Mar­ket Court im­posed a penalty fee of EUR 1.75 mil­lion on Iso­joen Kone­halli Oy for im­pos­ing re­tailer prices in on­line stores* On 11 August 2022, the Market Court imposed a penalty fee of EUR 1.75 million on the import and hardware store Isojoen Konehalli Oy (IKH) for prohibited (...)

The Uk Competition Appeal Tribunal rejects two-sided market analysis for multi-sided platforms (ComparetheMarket)
Constantine Cannon (London)
United States 12 contributions 5854 visits
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Constantine Cannon (New York)
United States 3 contributions 264 visits
UK Court Rejects Two-Sided Market Analysis for Multi-Sided Platforms* The United Kingdom Competition Appeal Tribunal (the “Tribunal”) has forcefully rejected two-sided market analysis in a well-reasoned judgment that provides a thorough and insightful discussion of how to define markets (...)

The UK Competition Appeal Tribunal sets aside the decision of the Competition Authority on MFC clauses on the grounds that it had not demonstrated any appreciable adverse effects on competition to the requisite legal standard (ComparetheMarket)
Herbert Smith Freehills (London)
Royaume-Uni 24 contributions 8237 visites
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Herbert Smith Freehills (London)
United Kingdom 59 contributions 21016 visits
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Herbert Smith Freehills (London)
United Kingdom 4 contributions 1788 visits
On 8 August 2022 the Competition Appeal Tribunal (CAT) set aside the CMA’s infringement decision in its Compare The Market investigation relating to the use of wide MFN clauses. The CAT concluded that the CMA’s definition of the relevant market in the decision was materially wrong and that (...)

The UK Competition Appeal Tribunal agrees with the appellant that a fine imposed for anticompetitive MFC clauses should be set aside on the basis that such infringements are not by object anticompetitive and the Competition Authority had failed to prove effects (ComparetheMarket)
Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 19 contributions 21338 visits
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Cleary Gottlieb Steen & Hamilton (London)
Royaume-Uni 2 contributions 546 visites
The UK Competition Appeal Tribunal (CAT) on 8 August 2022 set aside a £17.9 million fine against price comparison website Compare The Market, criticising the Competition and Markets Authority’s (CMA) legal and evidential assessment of the case. The CAT found that the CMA’s “anecdotal (...)

The Polish Competition Authority fines the national market leader in grain exportation for applying unfair contract terms, including penalty payments for failure to supply grain due to force majeure (PolishAgri)
Polish Competition Authority (Warsaw)
Poland 119 contributions 21701 visits
Situation on the grain market - actions of the President of UOKiK* UOKiK works actively for the protection of the farmers involved in grain production. In his latest decision, the President of UOKiK has imposed a penalty of over PLN 300,000 on PolishAgri - the leader in grain exports in (...)

The US Court of Appeals for the Tenth Circuit upholds a District Court decision dismissing a case alleging exclusionary practices on the grounds that consumer welfare is unaffected and a demonstrable intention to exclude in some situations is legitimate (Sanofi-Aventis / Mylan)
Hausfeld (San Francisco)
États-Unis 3 contributions 182 visites
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Hausfeld (San Francisco)
États-Unis 1 contribution 86 visites
On July 29, 2022, the Tenth Circuit affirmed the grant of summary judgment to defendants by the District of Kansas in an important, albeit at times misguided, monopolization opinion. The antitrust claim by Sanofi-Aventis U.S., LLC against Mylan, Inc. and Mylan Specialty, LP, arose from (...)

The Portuguese Competition Authority accuses a corporate group of abusing its dominant position in the payments sector
Portuguese Competition Authority (Lisbon)
Portugal 114 contributions 28741 visits
The AdC accused a corporate group of abusing its dominant position in the payments sector* The Portuguese Competition Authority (Autoridade da Concorrência, AdC) issued a Statement of Objections against a corporate group for tying behavior which may restrict competition and innovation in the (...)

The UK Competition Authority fines two pharmaceutical firms €70M for charging excessive prices to the National Health Service (Pfizer / Flynn)
Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 19 contributions 21338 visits
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Cleary Gottlieb Steen & Hamilton (London)
Royaume-Uni 2 contributions 546 visites
The UK Competition and Markets Authority (CMA) last week fined pharmaceutical companies Pfizer and Flynn £63 million and £6.7 million for engaging in excessive pricing. In the CMA’s view, the companies charged unfairly high prices for Phenytoin capsules, a genericised anti-epilepsy drug, in (...)

The UK Competition Authority fines two pharma companies £70M for overcharging the National Health Service (Pfizer / Flynn)
UK Competition & Markets Authority - CMA (London)
United Kingdom 384 contributions 95284 visits
£70 million in fines for pharma firms that overcharged NHS* After reassessing part of the case, the CMA has found that Pfizer and Flynn abused their dominant positions to overcharge the NHS for a life-saving epilepsy drug. Pharmaceutical companies Pfizer and Flynn fined £63 million and £6.7 (...)

The Italian Competition Authority starts an antitrust investigation against the incumbent operator for abuse of dominance in the markets for regional and intercity rail links (Trenitalia)
Municipality of Cagliari
166 contributions 132928 visits
The facts of the case In the High Speed and Regional Rail Transport case, the Italian Competition Authority (ICA) has decided to open an Article 102 TFEU enquiry against Trenitalia Spa (TI). In addition to being a high-speed (HS) train operator in competition with Nuovo Trasporto Viaggiatori (...)

The EU Commission seeks feedback on commitments offered by an online retail platform concerning marketplace seller data and access to certain features (Amazon)
European Commission - DG COMP (Brussels)
Belgium 1336 contributions 2814957 visits
Antitrust: Commission seeks feedback on commitments offered by Amazon concerning marketplace seller data and access to Buy Box and Prime* The European Commission invites comments on commitments offered by Amazon to address competition concerns over its use of non-public marketplace seller (...)

The Italian Competition Authority opens investigation against a Big Tech for abuse of dominant position in data portability (Google)
Italian Competition Authority (Rome)
Italy 69 contributions 18292 visits
A552 - Italian Competition Authority, investigation opened against Google for abuse of dominant position in data portability* According to the Italian Competition Authority, Google allegedly hindered interoperability in sharing individuals’ data with other platforms, and particularly with (...)

The German Competition Authority declares an online marketplace platform to be of ’paramount significance for competition across markets, subjecting the undertaking to stricter regulation (Amazon)
German Competition Authority (Bonn)
Germany 447 contributions 113592 visits
Amazon now subject to stricter regulations – Bundeskartellamt determines its paramount significance for competition across markets (Section 19a GWB)* Yesterday, the Bundeskartellamt formally determined that Amazon.com, Inc. based in Seattle, USA, is an undertaking of paramount significance (...)

The New Caledonian Competition Authority sanctions an optical company for abuse of dominance in the market for the distribution of eyeglasses in North Province (Mutuelle du nickel)
New Caledonia Competition Authority (Noumea)
New Caledonia 26 contributions 2876 visits
Dismissal for cartel but penalty for abuse of a dominant position by the Mutuelle du nickel for denigration to the tune of 2.5 MF in the sector of the distribution of optical equipment and medical eyewear (Decision No. 2022-PAC- 04 rect of 6/30/22)* Following the complaint of the union of (...)

The Italian Competition Authority finds abusive conducts interfering with a competitive tender procedure for the selection of providers of local public transport services in Tuscany (Regione Toscana / Gara per l’affidamento del servizio di trasporto pubblico locale)
Municipality of Cagliari
166 contributions 132928 visits
The Italian Competition Authority finds abusive conducts interfering with a competitive tender procedure for the selection of providers of local public transport services in Tuscany (Gara TPL Tuscany) By an infringement decision handed down in the case Gara TPL Toscana, the Italian (...)

The French Competition Authority accepts an advisory firm as the monitoring trustee to ensure a Big Tech firm complies with commitments (Google / Accuracy)
French Competition Authority (Paris)
France 741 contributions 394391 visits
Related rights: The advisory firm, Accuracy, has been accepted by the Autorité de la concurrence as a monitoring trustee in the case involving Google* On Friday 7 September, the Autorité de la concurrence accepted the advisory firm, Accuracy, as a monitoring trustee in the case involving (...)

The French Competition Authority accepts commitments from a social media platform to remedy competition concerns over a refusal to provide access to a marketing tool (Meta)
Van Bael & Bellis (Brussels)
Belgium 59 contributions 13961 visits
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Toyota (Brussels)
Belgium 38 contributions 8072 visits
On 16 June 2022, the French Competition Authority (“FCA”) announced that it accepted Meta’s commitments related to practices that would have raise competition concerns in the French market for non-search related online advertising. This clarifies the conditions of access to Meta’s partnership (...)

The French Competition Authority receives commitments from a Big Tech company to put an end to practices that may raise competition concerns in the French market for non-search related online advertising (Meta / Criteo)
French Competition Authority (Paris)
France 741 contributions 394391 visits
Meta makes commitments to the Autorité de la concurrence* Meta makes commitments to the Autorité de la concurrence to put an end to practices that may raise competition concerns in the French market for non-search related online advertising **Background Following a complaint by Criteo in (...)

The EU General Court annuls the Commission’s decision imposing a near-billion euro fine on a chip manufacturer for exclusivity payments to phone producer (Qualcomm)
Clifford Chance (London)
United Kingdom 2 contributions 159 visits
The judgment is a rare full annulment in an abuse of dominance case, and the first of an Article 102 TFEU decision adopted by Commissioner Margrethe Vestager. Background On 24 January 2018, the European Commission (EC) imposed a fine of EUR 997 million on Qualcomm for breaching Article 102 (...)

The Spanish Competition Authority fines an energy company €4.9M for abusively providing its own renewable energy business with favourable access to the grid through access nodes which it attained by virtue of its dominance (Enel)
Spanish Competition Authority (CNMC) (Madrid)
Spain 138 contributions 30049 visits
The CNMC fines Enel Green 4.9 million euros for abusing its dominant position in two access nodes to the power transmission network* Enel Green Power S.L. (Enel Green) abused its status as the so-called “Sole Node Interlocutor” (IUN in Spanish) in two access nodes to the power transmission (...)

The UK Competition Authority plans a market investigation into mobile browsers and cloud gaming (Apple / Google)
UK Competition & Markets Authority - CMA (London)
United Kingdom 384 contributions 95284 visits
Apple and Google “hold all the cards” with interventions needed to give innovators and competitors a fair chance to compete in mobile ecosystems CMA plans market investigation into mobile browsers and cloud gaming* The Competition and Markets Authority (CMA) is consulting on the launch (...)

The French Supreme Court agrees with the Paris Court of Appeal’s decision reducing a €25M fine to €21M for abuse of dominance by obstructing the entrance of generic drugs onto the market (Janssen-Cilag)
Van Bael & Bellis (Brussels)
Belgium 53 contributions 22784 visits
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Van Bael & Bellis (Brussels)
Belgium 154 contributions 52614 visits
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Van Bael & Bellis (Brussels)
Belgium 56 contributions 25396 visits
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On 1 June 2022, the French Supreme Court (Cour de cassation) upheld the judgment of the Paris Court of Appeal, which in turn largely upheld the 2017 decision of the French Competition Authority (FCA) to impose fines of EUR 25 million on Janssen Cilag and its parent company Johnson & (...)

The Spanish Competition Authority fines the national kennel club for abusing its dominant position by hindering the expansion of rivals through, inter alia, imposing high switching costs (Royal Canine Society of Spain)
Ashurst (Madrid)
Spain 14 contributions 2234 visits
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Ashurst (Madrid)
Spain 7 contributions 879 visits
On 26 May 2022, the CNMC fined the Royal Canine Society of Spain ("RSCE") almost EUR 143,000 for abusing its dominant position in several markets related to purebred dogs by hindering the activity of rival associations and discriminating against canine judges. The CNMC launched its (...)

The UK Competition Authority probes a Big Tech company over potential abuse of dominance in ad tech (Google)
UK Competition & Markets Authority - CMA (London)
United Kingdom 384 contributions 95284 visits
Google probed over potential abuse of dominance in ad tech* The CMA is investigating whether Google has broken the law by restricting competition in the digital advertising technology market. CMA launches second investigation into Google’s practices in ad tech, following launch of probe into (...)

The Spanish Competition Authority fines the national kennel club for imposing unfair conditions on dog owners and raising barriers to entry for potential rivals (Royal Canine Society of Spain)
Spanish Competition Authority (CNMC) (Madrid)
Spain 138 contributions 30049 visits
The CNMC fines the Royal Canine Society of Spain for hindering the activity of rival associations and discriminating against canine judges.* The Royal Canine Society of Spain (RSCE in Spanish) has abused its dominant position to hinder the entry of other organisations, which are authorised by (...)

The Turkish Competition Authority rejects an allegation that an online food delivery company has abused its dominant position through most favoured customer practices and de facto exclusivity (Yemek Sepeti)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 168 contributions 81036 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 12 contributions 2987 visits
This case summary aims to offer insight on the Turkish Competition Board’s (“Board”) Yemek Sepeti Decision (“Decision”), whereby the Board examined the allegation that Yemek Sepeti Elektronik İletişim Perakende Gıda Lojistik A.Ş. (“Yemek Sepeti”) had abused its dominant position, violating (...)

The Italian Competition Authority fines a pharmaceutical company for charging excessive prices for an orphan drug (Leadiant)
Municipality of Cagliari
166 contributions 132928 visits
The Italian Competition Authority (ICA) has recently closed an Article 102 TFEU enquiry against a pharmaceutical company in the Leadiant case with an infringement decision. The ICA found that Leadiant, had abused its dominant position by charging highly disproportionate prices for a drug (...)

The EU Court of Justice delivers a ruling which sheds more light on non-price abuses under Article 102 TFEU in relation to conduct which constitutes an abuse of dominance and the interpretation of the concept of "competition on the merits" (Servizio Elettrico Nazionale)
Hausfeld (London)
United Kingdom 20 contributions 5143 visits
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Hausfeld (London)
United Kingdom 4 contributions 1190 visits
Exclusionary non-price abuses under Article 102 TFEU: useful guidance from the CJEU The recent ruling by the Court of Justice of the European Union (CJEU) in C-377/20, Servizio Elettrico Nazionale and Others v Autorità Garante della Concorrenza e del Mercato is a helpful summary of the (...)

The EU Court of Justice sets out the criteria for defining a dominant position in connection with exclusionary practices on the basis of anticompetitive effects of the conduct of an incumbent operator in the context of the liberalisation of the electricity market (Servizio Elettrico Nazionale)
European Court of Justice (Luxembourg)
Luxembourg 329 contributions 102334 visits
The Court of Justice sets out the criteria for defining a dominant position in connection with exclusionary practices on the basis of anticompetitive effects of the conduct of an incumbent operator in the context of the liberalisation of the electricity market* This case has arisen in the (...)

The German Competition Authority finds a Big Tech company to be of paramount significance to competition across markets and determines new rules can be applied to control for abuse of dominance (Meta)
German Competition Authority (Bonn)
Germany 447 contributions 113592 visits
New rules apply to Meta (formerly Facebook) – Bundeskartellamt determines its “paramount significance for competition across markets”* The Bundeskartellamt has formally determined the paramount significance for competition across markets of Meta Platforms, Inc., Menlo Park, USA. The toolkit (...)

The EU Commission preliminarily finds an abuse of dominance by a Big Tech firm based on denying access to essential hardware that would allow other apps to compete with its payment feature (Apple Pay)
European Commission - DG COMP (Brussels)
Belgium 1336 contributions 2814957 visits
Antitrust: Commission sends Statement of Objections to Apple over practices regarding Apple Pay* The European Commission has informed Apple of its preliminary view that it abused its dominant position in markets for mobile wallets on iOS devices. By limiting access to a standard technology (...)

The Australian Competition Authority issues a report examining the operation of general online marketplaces
Australian Competition and Consumer Commission (Canberra)
Australia 392 contributions 82307 visits
Concerning issues for consumers and sellers on online marketplaces An ACCC report examining general online retail marketplaces, such as Amazon Australia, Catch, eBay Australia and Kogan, has highlighted a range of concerns about how they operate as well as the significant benefits they (...)

The UK Competition Authority opens an investigation into the largest provider of information management systems to schools (Education Software Solutions)
UK Competition & Markets Authority - CMA (London)
United Kingdom 384 contributions 95284 visits
CMA to investigate ESS’s move to three-year contracts for schools* The CMA is investigating whether education software company ESS is abusing a dominant position to push schools into accepting a new 3-year contract. The investigation will assess concerns around a contract change made by (...)

The Turkish Competition Authority concludes investigation for abuse of dominance by an online platform in the market for second-hand books (Nadirkitap Bilişim)
Turkish Competition Authority (Ankara)
Turkey 39 contributions 5367 visits
Investigation concerning Nadirkitap Bilişim ve Reklamcılık AŞ was concluded (12.4.2022) (15.4.2022)* The investigation conducted upon the claim that Nadirkitap Bilişim ve Reklamcılık AŞ, which carries out intermediation services in the market for online sales of second hand books via the (...)

The Indian Competition Authority opens an investigation into two online food delivery platforms about whether they abuse their dominance in the market (Zomato / Bundl Technologies)
Khaitan & Co (Mumbai)
India 6 contributions 1620 visits
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Trilegal (Mumbai)
India 2 contributions 574 visits
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Khaitan & Co (New Delhi)
India 1 contribution 18 visits
The conflict between online food delivery platforms and the National Restaurant Association of India (NRAI) is about to reach boiling point. The NRAI filed allegations of anticompetitive practices against the offending parties (OPs) – Bundl Technologies Private Limited (Swiggy) and Zomato (...)

The Mexican Competition Authority initiates investigation into possible barriers to competition and the existence of essential facilities in the e-commerce market
Mexican Competition Authority (Mexico City)
Mexico 134 contributions 25982 visits
Cofece investigates possible barriers to competition and essential inputs in retail e-commerce market* The investigated market corresponds to the retail purchase and sale of goods through the internet. This is the first investigation in digital markets to determine whether barriers to (...)

The Italian Competition Authority issues detailed requests for information from leading Italian oil companies following increase in price of petrol and diesel
Italian Competition Authority (Rome)
Italy 69 contributions 18292 visits
DC10398 - ICA: requests for information about fuel prices sent to leading oil companies* With the assistance of the Guardia di Finanza (Italian Financial Police), the Authority notified the documentation at the offices of the companies Following the extraordinary increase in petrol and (...)

The Slovak Competition Authority imposes a fine of €58, 000 on an undertaking for abuse of dominant position in the market for collective rights management
Slovak Competition Authority (Bratislava)
Slovakia 57 contributions 5550 visits
ABUSE OF DOMINANT POSITION: AMO SR imposed an almost 58 thousand euros fine for the abuse of dominant position in collective rights management* The conduct of undertaking concerned by decision was anti-competitive. On 23 February 2022 the Antimonopoly Office of the Slovak Republic, the (...)

The 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)
McDermott Will & Emery (Paris)
France 134 contributions 65772 visits
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McDermott Will & Emery (Paris)
France 32 contributions 7398 visits
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McDermott Will & Emery (Paris)
France 28 contributions 3906 visits
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 EU Commission opens investigation into an alleged anticompetitive agreement between two global tech companies active in online display advertising services (Google / Meta)
K&L Gates (Brussels)
Belgium 2 contributions 39 visits
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K&L Gates (Brussels)
Belgium 4 contributions 3618 visits
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K&L Gates (Brussels)
Belgium 2 contributions 323 visits
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The European Commission Opens Investigation into an Allegedly Anticompetitive Agreement Between Two Global Tech Companies Active in Online Display Advertising Services* On 11 March 2022, the European Commission (Commission) opened an investigation into alleged anticompetitive practices by (...)

The Croatian High Administrative Court strikes out a claim by a food wholesaler which sought to overturn a fine for the implementation of unfair trade practices (Kaufland Hrvatska)
Croatian Competition Agency (Zagreb)
Croatia 118 contributions 19378 visits
UTPS: ANOTHER LEGALLY VALID DECISION: HIGH ADMINISTRATIVE COURT DISMISSES APPEAL OF RE-SELLER KAUFLAND* The High Administrative Court of the Republic of Croatia dismissed the appeal of the re-seller Kaufland Hrvatska k.d. from Zagreb and upheld the ruling of the Administrative Court in (...)

The Paris Court of Appeal rejects a damage claim based on an abuse of dominant position without definition of the relevant market (Schneider Electric)
Kramer Levin Naftalis & Frankel (Paris)
France 3 contributions 720 visits
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Kramer Levin Naftalis & Frankel (Paris)
France 2 contributions 106 visits
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Kramer Levin Naftalis & Frankel (Paris)
France 2 contributions 106 visits
In a decision dated March 9, 2022 (No. 19/19747), the Paris Court of Appeal ruled on a competition damage claim action for abuse of dominant position brought against Schneider Electric France and Schneider Electric SA by a company specializing in the installation, maintenance and repair of all (...)

The US DoJ declares that it is prepared to bring criminal charges against individuals who violate the prohibition on market monopolization
Hogan Lovells (Washington)
United States 6 contributions 2812 visits
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Hogan Lovells (Washington)
United States 10 contributions 3561 visits
In remarks made during a panel discussion at the ABA’s National Institute on White Collar Crime on 2 March, Antitrust Division Deputy Assistant Attorney General Richard Powers said that the Department of Justice Antitrust Division (the Division) is prepared to bring criminal charges against (...)

The Indian Competition Authority orders an investigation into abuse of dominance by a national broadcasting company through discriminatory discounts (Asianet Digital Network / Star India Private / Disney Broadcasting India / Asianet Star Communications)
Lakshmikumaran & Sridharan (New Delhi)
India 84 contributions 8382 visits
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Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10286 visits
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Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10220 visits
BRIEF FACTS: An information was filed by Asianet Digital Network (P) Ltd. (“Asianet”) against Star India (P) Ltd. (“Star”), Disney Broadcasting (India) Limited (“Disney”) and Asianet Star Communications Private Limited (“ASC”) alleging abuse of dominance. Asianet, is a multi-system operator (...)

The Chinese SAMR fines a national pharmaceutical company $1.4M for resale price maintenance (Geistlich Trading)
AnJie Broad Law (Beijing)
China 15 contributions 1826 visits
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AnJie Broad Law (Beijing)
Chine 44 contributions 12341 visites
Beijing AMR fines Geistlich Trading (Beijing) over monopoly agreement* On 28 February 2022, the State Administration for Market Regulation (SAMR) published an administrative penalty decision against Geistlich Trading (Beijing) Co Ltd for engaging in monopoly agreements of resale price (...)

The Cypriot Competition Authority imposes a fine of €271,385.11 on a pasteurized cow milk company for abuse of dominance through excessive pricing (Charalambides-Christis)
Commission for the Protection of Competition of the Republic of Cyprus (Nicosia)
Cyprus 64 contributions 8438 visits
The Commission for the Protection of Competition imposed a fine on Charalambides-Christis Ltd amounting to €271,385.11 for infringements of article 6(1)(a) of the Protection of Competition Laws and corresponding article 102(a) of the Treaty on the Functioning of the European Union* The (...)

The Hellenic Competition Authority imposes a fine of €271,385.11 on a pasteurized cow milk company for abuse of dominance and excessive pricing (Charalambides-Christis)
Hellenic Competition Commission (Athens)
Greece 126 contributions 17184 visits
The Commission for the Protection of Competition imposed a fine on Charalambides-Christis Ltd amounting to €271,385.11 for infringements of article 6(1)(a) of the Protection of Competition Laws and corresponding article 102(a) of the Treaty on the Functioning of the European Union* The (...)

The Brazilian Competition Authority issues an interim decision on exclusivity agreements in the market for gyms (Gympass / Totalpass)
Charles River Associates International (CRA) (São Paulo)
Brazil 4 contributions 5738 visits
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Charles River Associates International (CRA) (São Paulo)
Brazil 1 contribution 73 visits
Introduction. In 2020, the wellness platform Totalpass filed a complaint before the Brazilian antitrust authority (CADE) claiming that a competitor, Gympass, had imposed exclusivity agreements to more than 80% of the gyms in Brazil, which hindered the entry of new competitors and maintained (...)

The Spanish Competition Authority fines the national postal company EUR 32.6 Million for abusing its dominant position through rebates (Correos)
Bird & Bird (Madrid)
Spain 29 contributions 4673 visits
On February 18, 2022, the Spanish Competition Authority (“CNMC”) decided to fine the National Postal Company, Correos, EUR 32.6 million after concluding that the application of certain discounts would have had a potential foreclosing effect on the retail market for the provision of traditional (...)

The French Competition Authority fines a pet transportation company €65K for abusing its dominant position in the air freight transport of pets to French Polynesia (Goldenway International Pets)
French Competition Authority (Paris)
France 741 contributions 394391 visits
Air freight transport of pets to Polynesia: the Autorité de la concurrence fines a company for abuse of a dominant position* Background Following a report transmitted by the French Directorate General for Competition Policy, Consumer Affairs and Fraud Control (DGCCRF) and an investigation (...)

The UK Competition Authority accepts a Big Tech company’s commitments in its treatment of third-party cookies (Google Privacy Sandbox)
Van Bael & Bellis (Brussels)
Belgium 10 contributions 1964 visits
On 11 February 2022, the UK’s Competition and Markets Authority (“CMA”) issued its decision to accept the commitments offered by Google in relation to its Privacy Sandbox proposals (“the Decision”). The Decision is noteworthy in several respects. First, it highlights the complicated tradeoffs (...)

The Dutch Competition Authority ceases an investigation into a pharma company after it promises to halt potentially abusive discounting of an arthritis drug (Pfizer)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 207 contributions 34961 visits
Drug manufacturer Pfizer to discontinue its steering pricing structure for Enbrel following discussions with ACM* Drug manufacturer Pfizer will no longer persuade hospitals in the Netherlands into purchasing anti-rheumatic drug Enbrel through its discount schemes. Pfizer has informed the (...)

The EU General Court annuls the decision of the Commission rejecting a complaint against a State-owned logistics operator concerning its alleged abuse of dominance on the market for rail freight transport services in Poland (PKP Cargo)
General Court of the European Union (Luxembourg)
Luxembourg 61 contributions 29524 visits
The General Court annuls the decision of the Commission rejecting a complaint against PKP Cargo, a company controlled by the Polish State, concerning an alleged abuse of its dominant position on the market for rail freight transport services in Poland* The General Court examines for the (...)

The Larnaca District Court issues an award of €257K to a grain distributor and retailer as compensation for suffering from predatory pricing (AGS Agrotrading / Cyprus Grain Commission)
Harris Kyriakides (Cyprus)
Cyprus 2 contributions 829 visits
Cyprus Courts issue their first judgment awarding civil law damages for breach of competition laws. In the first decision issued by the Cyprus Courts on damages to a corporation as a result of infringement of competition laws, the Larnaca District Court awarded on 9 February 2022 the total (...)

The German Competition Authority preliminarily assesses that an airline company is entitled under competition law to have access to feeder flights operated by a rival to transport its long-haul passengers (Condor / Lufthansa)
German Competition Authority (Bonn)
Germany 447 contributions 113592 visits
Bundeskartellamt preliminarily objects to Lufthansa’s impediment of Condor in the long-haul business* The Bundeskartellamt preliminarily assesses that Condor is entitled under competition law to have access to feeder flights operated by Lufthansa to transport its long-haul passengers. (...)

The German Federal Supreme Court rules that railway infrastructure usage charges by a railway infrastructure maintenance company amount to an abuse of dominance notwithstanding regional factors (DB Netz)
Arnecke Sibeth Dabelstein (Frankfurt)
Germany 3 contributions 132 visits
Facts The plaintiff is claiming repayment from the defendant of train path usage charges paid for the period from December 2009 to December 2010 plus interest insofar as these are based on so-called ’regional factors’ (Regionalfaktoren). The defendant DB Netz AG, the infrastructure (...)

The Croatian Competition Authority opens an official investigation into the national postal service for potentially abusing its dominant position by charging a levy on customs brokers dealing with international e-commerce orders (Hrvatska Pošta)
Croatian Competition Agency (Zagreb)
Croatia 118 contributions 19378 visits
CCA OPENS INFRINGEMENT PROCEEDING AGAINST CROATIAN POST* On 3 February 2022 the Croatian Competition Agency (CCA) opened ex officio infringement proceeding against the undertaking HP – Hrvatska pošta d.d. (HP) with its seat in Zagreb to investigate whether HP abused its dominant position (...)

The Slovak Competition Authority imposes a fine of €298,000 on an undertaking for abuse of dominant position in the field of waste management
Slovak Competition Authority (Bratislava)
Slovakia 57 contributions 5550 visits
ABUSE OF DOMINANT POSITION: AMO SR imposed fine of almost 298 thousand euros for the abuse of dominant position in the field of waste management* AMO SR evaluated the conduct of undertaking as the practice of applying unfair trading conditions. On 31 January 2022 the Antimonopoly Office (...)

The Slovenian Competition Authority initiates an administrative proceeding for possible abuse of dominant position in the real estate advertising sector
Slovenian Competition Authority (Ljubljana)
Slovenia 8 contributions 1091 visits
ABUSE OF DOMINANT POSITION: AMO SR initiated an administrative proceeding in the matter of possible abuse of dominant position in relation to providing real estate advertising services in the SR* On 1 February 2022 the Antimonopoly Office of the Slovak Republic, the Division of Abuse of (...)

The EU General Court annuls the Commission’s landmark decision fining a semiconductor company for €1.06B for abuse of dominant position (Intel)
Jones Day (Brussels)
Belgium 30 contributions 21639 visits
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Jones Day (Frankfurt)
Germany 17 contributions 3840 visits
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Jones Day (Brussels)
Belgium 17 contributions 4777 visits
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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 (...)

The EU General Court overturns the Commission’s decision to fine a semiconductor chip manufacturer for €1.06 billion for abusing its dominant position (Intel)
Shearman & Sterling (Brussels)
Belgium 21 contributions 10082 visits
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Shearman & Sterling (London)
United Kingdom 23 contributions 14010 visits
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Shearman & Sterling (London)
United Kingdom 30 contributions 14024 visits
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This article has been nominated for the 2023 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. 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 (...)

The EU General Court annuls a €1.06B fine on a chip-maker for concluding conditional rebates, emphasising the critical role that economic analysis plays in rebate cases (Intel)
McDermott Will & Emery (Paris)
France 134 contributions 65772 visits
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McDermott Will & Emery (Brussels)
Belgium 22 contributions 4752 visits
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McDermott Will & Emery (Paris)
France 32 contributions 7398 visits
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At the start of the year, companies offering or considering offering rebates were given further guidance on the limits of such practices. The GCEU’s judgment of January 26, 2022 annulled the EUR 1.06 billion fine against Intel Corporation (Intel) in the 2009 EC decision. The judgment is the (...)

The EU General Court annuls the Commission’s decision finding that rebates granted by a large semiconductor chip manufacturer resulted in an abuse of dominance (Intel)
Van Bael & Bellis (Brussels)
Belgique 29 contributions 23953 visites
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Van Bael & Bellis (Brussels)
Belgium 11 contributions 5850 visits
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Van Bael & Bellis (Brussels)
Belgique 191 contributions 65797 visites
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 EU General Court annuls a €1.06B fine imposed by the Commission on a chip maker based on economic evidence (Intel)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 4 contributions 1437 visits
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De Brauw Blackstone Westbroek (Amsterdam)
Netherlands 2 contributions 3279 visits
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 (...)

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)
General Court of the European Union (Luxembourg)
Luxembourg 61 contributions 29524 visits
The General Court annuls in part the Commission decision imposing a fine of € 1.06 billion on Intel* The Commission’s analysis is incomplete and does not make it possible to establish to the requisite legal standard that the rebates at issue were capable of having, or likely to have, (...)

The EU General Court annuls the Commission’s decision which found that a semiconductor chip manufacturer had abused its dominant position and imposed a fine of €1.06B (Intel)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 60 contributions 26084 visits
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 68 contributions 31700 visits
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 38 contributions 12990 visits
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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 (...)

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)
Ashurst (London)
United Kingdom 34 contributions 16797 visits
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Ashurst (London)
United Kingdom 21 contributions 4290 visits
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 (...)

The Dutch Competition Authority imposes periodic penalties on a Big Tech company for non-compliance with its earlier decision finding abuse of dominance against developers of dating apps by limiting their choice of a payment system (Apple)
Van Bael & Bellis (Brussels)
Belgium 2 contributions 487 visits
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Van Bael & Bellis (Brussels)
Belgium 59 contributions 13961 visits
On 24 January 2022, the Dutch Authority for Consumers and Markets (“ACM”) decided to impose periodic penalties on Apple for its failure to comply with a decision of 24 August 2021 requiring Apple to change its App Store payment rules. In that decision, the ACM found that Apple had abused its (...)

The Estonian Competition Authority terminates antitrust infringement proceedings against a digital learning company due to absence of market power to influence the market (Star Cloud)
Estonian Competition Authority (Tallinn)
Estonia 12 contributions 1491 visits
The Estonian Competition Authority terminated the proceedings against Star Cloud OÜ, which operates the Opiq environment* The Estonian Competition Authority terminated the proceedings against Star Cloud OÜ, which develops the digital learning materials and publishing platform Opiq, as it did (...)

The Spanish Competition Authority initiates disciplinary proceedings against a company for abuse of dominance in the exploitation of intellectual property rights of publishers and authors of musical and audiovisual works (SGAE)
Spanish Competition Authority (CNMC) (Madrid)
Spain 138 contributions 30049 visits
The CNMC initiates disciplinary proceedings against SGAE for possible abuse of dominant position* It is investigating possible anti-competitive practices in the markets for the management of the intellectual property rights of authors and publishers of audiovisual and musical works. These (...)

The EU Commission publishes its final report closing the sector inquiry on the consumer ’Internet of Things’
Portolano Cavallo (Milan)
Italy 63 contributions 9800 visits
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Portolano Cavallo (Milan)
Italy 36 contributions 6803 visits
On January 20, 2022, the European Commission (“Commission”) published its final report closing the sector inquiry launched in July 2020 on the consumer Internet of Things (“IoT”). The report gives an overview of trends and competition issues in the European landscape. It is based on answers (...)

The Norwegian Competition Authority closes investigation into restaurant food ordering platforms (Foodora)
Norwegian Competition Authority (Bergen)
Norway 32 contributions 3921 visits
Decision in Foodora case: exclusivity agreements with restaurants not allowed* The Norwegian Competition Authority is closing its investigation of Foodora as the company has agreed not to use exclusivity agreements or exclusive practices towards restaurants regarding the use of Foodora’s (...)

The US District Court for the District of Columbia rejects a social network’s Motion to Dismiss in a lawsuit brought by the FTC which seeks to claim the firm abused its dominance by acquiring potential future rivals (Meta)
Constantine Cannon (New York)
United States 3 contributions 732 visits
FTC’s Antitrust Suit Against Facebook Survives Motion to Dismiss* On January 11, 2022, the U.S. District Court Judge James Boasberg denied Facebook’s motion to dismiss the FTC’s Amended Complaint which alleges that Facebook maintained a monopoly in personal social service network market in (...)

The Czech Competition Authority terminates antitrust proceedings with a natural gas transportation company following amendment of the relevant legislation (NET4GAS)
Czech Competition Authority (Brno)
Czech Republic 47 contributions 6262 visits
The Chairman of the office for the protection of competition terminated the proceedings with the undertaking Net4gas because of the favourability of the subsequent legislation* Chairman of the Office for the Protection of Competition (hereinafter referred to as ’’the Office’’), Petr Mlsna, (...)

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)
Bona Law (San Diego)
United States 22 contributions 3573 visits
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 Italian Competition Authority closes its investigation into resale price maintenance in the market for probiotics following commitments from the alleged transgressor (SOFAR)
Portolano Cavallo (Milan)
Italy 63 contributions 9800 visits
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Portolano Cavallo (Milan)
Italy 36 contributions 6803 visits
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University of Bologna
Italy 1 contribution 77 visits
In May 2021, the Italian Competition Authority (AGCM or ICA) launched an investigation into restrictions on resale prices that a pharmaceutical company, SOFAR, was alleged to have imposed upon its distribution network for a probiotic product (Enterolactis Plus). In Europe, agreements or (...)

The German Competition Authority announces that the world’s biggest search engine and its holding company are subject to an extended abuse control by the Authority (Google / Alphabet)
German Competition Authority (Bonn)
Germany 447 contributions 113592 visits
Alphabet/Google subject to new abuse control applicable to large digital companies – Bundeskartellamt determines “paramount significance across markets”* The Bundeskartellamt has delivered its decision that Alphabet Inc., Mountain View, USA, and therefore also its subsidiary Google, is (...)

The German Competition Authority determines that a Big Tech company is of paramount significance for competition across markets (Google / Alphabet)
Van Bael & Bellis (Brussels)
Belgium 59 contributions 13961 visits
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Van Bael & Bellis (Brussels)
Belgium 24 contributions 4806 visits
According to a press release of 5 January 2022, the German Federal Cartel Office (“FCO”) has decided that Alphabet Inc., including its subsidiary Google (“Google”), is of paramount significance for competition across markets pursuant to Section 19a of the German Act against Restraints of (...)

The German Competition Authority designates a parent company of a Big Tech company as an undertaking of paramount significance for competition across markets (Google / Alphabet)
Hausfeld (Berlin)
Germany 9 contributions 2783 visits
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Hausfeld (Berlin)
Germany 7 contributions 1913 visits
On 30 December 2021, the German Bundeskartellamt (Federal Cartel Office, “FCO”) designated Alphabet Inc., parent company of Google, (“Google”) as an ‘undertaking of paramount significance for competition across markets’. The FCO is now considering whether to prohibit particular (...)

The Croatian Competition Authority determines that a national airport did not abuse its dominant position when applying a COVID-19 discount for airlines (Zagreb Airport / RyanAir)
Croatian Competition Agency (Zagreb)
Croatia 118 contributions 19378 visits
CCA investigates practices of Zagreb airport* In the preliminary market investigation relating to the alleged abusive practices of the undertaking Međunarodna zračna luka Zagreb d.d. (Zagreb Airport) with respect to the conclusion of the agreement on the provision of services with the (...)

The Romanian Competition Authority investigates alleged abuse of dominance on the market for technical approvals of locations (Orange / RCS&RDS)
Romanian Competition Council (Bucharest)
Romania 158 contributions 27660 visits
The Competition council investigates both Orange SI RCS & RDS for abuse of dominant position* The Competition Council has opened two investigations aimed at a possible abusive behaviour of both undertakings Orange Romania S.A. and RCS & RDS S.A. on the market of service for issuing (...)

The Dutch Competition Authority orders Big Tech to amend its terms for dating apps – interim relief judge largely agrees (Apple)
Loyens & Loeff (Amsterdam)
Netherlands 7 contributions 569 visits
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Loyens & Loeff (Amsterdam)
Netherlands 7 contributions 569 visits
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Loyens & Loeff (Amsterdam)
Netherlands 1 contribution 23 visits
Dutch ACM orders Apple to amend its terms for dating apps – interim relief judge largely agrees* On 24 December 2021, the Dutch Authority for Consumers & Markets (ACM) published a summary decision finding an abuse of a dominant position by Apple. The decision dates back to 24 August 2021 (...)

The Rotterdam District Court largely denies a Big Tech company’s requests to block the Dutch Competition Authority’s publication of decision and fines in abuse of dominance case against dating-app developers (Apple)
Hausfeld (Amsterdam)
Netherlands 1 contribution 194 visits
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Hausfeld (Amsterdam)
Netherlands 3 contributions 879 visits
In a decision of 24 August 2021, the Netherlands Authority for Consumers and Markets (the ACM) ordered Apple to adjust the unreasonable conditions in its Apple App Store (the “App Store”) that apply to dating-app developers. A summary decision was not published until 24 December 2021 after (...)

The Dutch Competition Authority orders a Big Tech company to adjust the unreasonable conditions in its app store that forbids dating app providers to choose freely a payment system for purchases made in the apps by consumers (Apple)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 207 contributions 34961 visits
ACM obliges Apple to adjust unreasonable conditions for its App Store* The Netherlands Authority for Consumers and Markets (ACM) has ordered Apple to adjust the unreasonable conditions in its App Store that apply to dating-app providers. Dating-app providers are currently not able to choose (...)

The Bulgarian Competition Authority files allegations of abuse of dominance against a national energy company for unilaterally replacing water meters of customers served by other heat accountants (Veolia Energy Varna)
Bulgarian Commission for the Protection of Competition (Sofia)
Bulgaria 20 contributions 2807 visits
The Commission for the Protection of Competition filed allegations of abuse of a dominant position of "Veolia Energy Varna" EAD, city of Varna* By Decision No. 1234/16.12.2021, issued under file No. KZK-370/2019, the KZK presented Veolia Energy Varna EAD with an allegation of a violation (...)

The French Competition Authority calls for comments on the proposed commitments made by a Big Tech search engine to allay abuse of dominance concerns in the publishing industry (Google)
French Competition Authority (Paris)
France 741 contributions 394391 visits
Google proposes commitments as part of the investigation into the merits of the related rights case. The Autorité submits them for public consultation* Background Following on from the interim procedure that led to the adoption of interim measures in April 2020, the Autorité continued its (...)

The UK Competition Authority publishes its decision finding a pharmaceutical company guilty of excessive pricing on thyroid tablets (Advanz)
Toyota (Brussels)
Belgium 38 contributions 8072 visits
On 15 December 2021, the UK Competition and Markets Authority (“CMA”) published the non-confidential version of its decision in Advanz Pharma, which provides further insight into its approach to dealing with excessive pricing. As reported earlier (See Michael Clancy, Samuel Hall, Peter (...)

The Hellenic Competition Authority imposes a fine of €111.600 on a company in the waste lubricant oils management for infringement of antitrust law (Eltepe)
Hellenic Competition Commission (Athens)
Greece 126 contributions 17184 visits
HCC Decision on the imposition of a fine* Subject: HCC Decision on the imposition of a fine on ELTEPE SA (currently ENDIALE SA) for violation of articles 2 of Greek Law 3959/2011 and 102 TFEU* Executive Summary With its Decision No. 741/2021, the Hellenic Competition Commission (HCC) (...)

The UK Competition Authority publishes a market study accusing two Big Tech companies of creating a duopoly in the market for mobile devices (Apple / Google)
Hausfeld (London)
United Kingdom 5 contributions 1439 visits
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Hausfeld (London)
United Kingdom 8 contributions 1975 visits
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Hausfeld (London)
United Kingdom 4 contributions 1190 visits
Mobile devices, and the ecosystem of products, content, and services associated with them, are already central to our lives. The fundamental importance of these ecosystems, which are international in scope, is only set to increase, as the network of connected products and services extends into (...)

The UK Competition Authority publishes a market study interim report and finds two Big Tech companies have leveraged their market power to create largely self-contained mobile ecosystems leading to a duopoly that limits competition and choice over operating systems, app stores, and web browsers (Apple / Google)
UK Competition & Markets Authority - CMA (London)
United Kingdom 384 contributions 95284 visits
Apple and Google duopoly limits competition and choice* The CMA’s interim report into mobile ecosystems suggests that users are losing out because of Apple and Google’s duopoly. Earlier this year, the Competition and Markets Authority (CMA) launched a probe over concerns that Apple and (...)

The Bulgarian Competition Authority determines that a healthcare provider abused its dominance by refusing to trade with a company providing medical imaging services (MBAL "Dr. Bratan Shukerov" JSC)
Bulgarian Commission for the Protection of Competition (Sofia)
Bulgaria 20 contributions 2807 visits
The Commission for the Protection of Competition found abuse of a dominant position by MBAL "Dr. Bratan Shukerov" JSC, Smolyan* By Decision No. 1205 /09.12.2021, issued under file No. KZK-366/2020, the KZK established that the Multispecialty Hospital for Active Treatment "Dr. Bratan (...)

The Bulgarian Competition Authority finds that a medical institution abused its dominance by refusing to deal with a nuclear medicine laboratory (UMBAL - Dr. Georgi Stranski)
Bulgarian Commission for the Protection of Competition (Sofia)
Bulgaria 20 contributions 2807 visits
The Commission for the Protection of Competition found abuse of a dominant position by "UMBAL - Dr. Georgi Stranski" EAD* With Decision No. 1204 /09.12.2021 , issued on file No. KZK-228/2020, the KZK found that "UMBAL - Dr. Georgi Stranski" EAD committed an abuse of a dominant position by (...)

The Italian Competition Authority fines a Big Tech company €1.128 billion for abuse of dominance by making exclusive advantages for its online marketplace conditional upon the purchase of its logistics services (Amazon)
Portolano Cavallo (Milan)
Italy 4 contributions 1335 visits
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Portolano Cavallo (Milan)
Italy 36 contributions 6803 visits
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Portolano Cavallo (Milan)
Italy 63 contributions 9800 visits
On December 9, 2021, the Italian competition authority (the “ICA” or “AGCM”) has levied its highest ever administrative fine—€1.128 billion—on Amazon Europe Core S.à r.l., Amazon Services Europe S.à .r.l., Amazon EU S.à r.l., Amazon Italia Services S.r.l., and Amazon Italia Logistica S.r.l. (...)

The EU Court of Justice AG Rantos sets out the criteria for classifying an exclusionary practice as an abuse of a dominant position (Enel)
European Court of Justice (Luxembourg)
Luxembourg 329 contributions 102334 visits
Advocate General Rantos sets out the criteria for classifying an exclusionary practice as an abuse of a dominant position* An incumbent operator may adopt practices aimed at retaining its customers, even in the context of a liberalisation process, but must not resort to practices which, by (...)

The Italian Competition Authority publishes a decision which fines a Big Tech over €1 billion for leveraging its dominant position as an online marketplace to favor its own logistics services (Amazon)
Ashurst (Milan)
Italie 102 contributions 29515 visites
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Mediterranean Shipping Company (MSC) (Brussels)
Belgium 1 contribution 72 visits
Italian Watchdog Imposes Record Fine on Amazon in a Self-preferencing Abuse of Dominance Case* On 9 December 2021, the Italian competition authority (“ICA“) published its decision in Case A528, fining Amazon over €1 billion for leveraging its dominant position as an online marketplace to (...)

The Italian Competition Authority imposes record-breaking fine of € 1.1 billion on an e-commerce company for “self-preferencing” its own logistical services (Amazon)
Van Bael & Bellis (Brussels)
Belgium 29 contributions 5196 visits
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Toyota (Brussels)
Belgium 38 contributions 8072 visits
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Van Bael & Bellis (Brussels)
Belgium 59 contributions 13961 visits
On 9 December 2021, the Italian Competition Authority (“ICA”) adopted a decision finding that the Amazon group (“Amazon”) had violated Article 102 TFEU and harmed competing providers of e-commerce logistics services by tying the right of retailers on the Amazon marketplace to participate in (...)

The EU Court of Justice AG Rantos delivers his opinion in a request for a preliminary ruling on the conduct of an energy and gas producer in the context of the liberalisation of the electricity market in Italy (Enel)
Norton Rose Fulbright (Brussels)
United Kingdom 26 contributions 22929 visits
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Covington & Burling (Brussels)
Belgium 4 contributions 1675 visits
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Freshfields Bruckhaus Deringer (Brussels)
Belgium 2 contributions 599 visits
On 9 December 2021, Advocate General (“AG”) Rantos delivered his Opinion in Servizio Elettrico Nazionale (Case C‑377/20), a request for a preliminary ruling from the Italian Consiglio di Stato. The case concerns the conduct of the ENEL Group (“ENEL”) in the context of the liberalisation of the (...)

The Italian Competition Authority imposes a record fine of over €1 billion as well as behavioral remedies on an e-commerce company for abusing its dominant position through engaging in discriminatory practices and denying third-party sellers access to certain sales prospects crucial to increasing their visibility on its website (Amazon)
Luiss Guido Carli University (Rome)
Italy 7 contributions 2516 visits
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Luiss Guido Carli University (Rome)
Italy 15 contributions 11331 visits
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Luiss Guido Carli University (Rome)
Italie 7 contributions 4275 visites
The case concerned a number of companies within the Amazon group (hereafter “Amazon”), including: a) Amazon Europe Core S.r.l., with legal domicile in Luxembourg, which is the company of the Amazon group responsible for the management of the websites of Amazon’s European marketplaces and owner (...)

The Italian Competition Authority imposes behavioral remedies and fines an e-commerce company over € 1.128 billion for abusing its dominant position in the market for e-commerce logistics services (Amazon)
Italian Competition Authority (Rome)
Italy 69 contributions 18292 visits
A528 - Italian Competition Authority: Amazon fined over € 1,128 billion for abusing its dominant position* The Authority found that Amazon harmed its competitors in the market for e-commerce logistics services. The Authority imposed behavioral measures on Amazon that will be subject to (...)

The EU Court of Justice AG Rantos suggests to the Court criteria to qualify abusive exploitation for a dominant position involving exclusionary practices (Servizio Elettrico Nazionale)
ACTECON (Istanbul)
Turkey 12 contributions 1701 visits
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ACTECON (Istanbul)
Turkey 2 contributions 433 visits
Introduction: In recent weeks, highly praised opinion ("Opinion”) of the Advocate General Rantos, which was originally published in French, is released in English. In this article, we summarized the opinion of the Advocate General in four short sections and, supplemented each section with (...)

The US FTC orders multiple pharmaceutical companies to provide up to $40M in damages for monopolizing the drug "Daraprim" and bans their executives from working in the sector (Vyera Pharmaceuticals / Martin Shkreli / Kevin Mulleady)
US Federal Trade Commission (FTC) (Washington)
United States 171 contributions 40114 visits
FTC, States to Recoup Millions in Relief for Victims Fleeced by ‘Pharma Bro’ Scheme to Illegally Monopolize Life-Saving Drug Daraprim* ’Pharma Bro’ Associate Mulleady banned from pharma industry and corporate defendants to pay up to $40 million; Trial set to begin next week for ‘Pharma Bro’ (...)

The Romanian Competition Authority opens an investigation into possible abuse of dominant position and restriction on market entry by a pharmaceutical company in the medicines market (Boehringer Ingelheim)
Romanian Competition Council (Bucharest)
Romania 158 contributions 27660 visits
The Competition council opened an investigation on medicine market* • Possible abuse of dominant position of Boehringer Ingelheim RCV Gmbh&CO. KG The Competition Council opened an investigation into a possible abuse of a dominant position of Boehringer Ingelheim RCV GmbH & Co. KG. (...)

The Romanian Competition Authority opens an investigation into a pharmaceutical company’s alleged abusive behaviour on two distinct markets (Boehringer Ingelheim)
Van Bael & Bellis (Brussels)
Belgium 53 contributions 22784 visits
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Van Bael & Bellis (Brussels)
Belgium 154 contributions 52614 visits
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Van Bael & Bellis (Brussels)
Belgium 56 contributions 25396 visits
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On 6 December 2021, the Romanian competition authority announced that it conducted a dawn raid at the premises of Boehringer Ingelheim (BI) to investigate allegedly abusive conduct which targeted generic rivals of two of BI’s innovative medicines (see, attached press release in Romanian and (...)

The Swiss Competition Authority clarifies rules on relative market power
Lenz & Staehelin
1 contribution 164 visits
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Lenz & Staehelin (Zurich)
Switzerland 11 contributions 2472 visits
ComCo clarifies new rules on market power* Introduction In March 2021, Parliament adopted the counterproposal to the so-called "fair price initiative", which in particular provided for a revision of the provisions of the Federal Act on Cartels and other Restraints of Competition (CartA). (...)

The OECD holds a roundtable on competition issues in news media and digital platforms
OECD - Competition Division (Paris)
France 313 contributions 1368558 visits
The internet represents a great potential for the news industry, and digital platforms increasingly contribute to the online distribution of news content. However, many news publishers largely depend on digital platforms as key sources of traffic, and concerns have emerged regarding terms on (...)

The Italian Competition Authority initiates proceedings against a company for alleged abuse of its dominant position on the Lazio market for the disposal of waste as a result of the unjustified refusal to guarantee access to its landfill site (Viterbo)
Italian Competition Authority (Rome)
Italy 69 contributions 18292 visits
A549 - Italian Competition Authority: proceedings have been started against Viterbo S.r.l.* Given the seriousness of the situation for the waste emergency in the Lazio Region, the Authority has not excluded the use of interim measures The Italian Competition Authority has decided to (...)

The Croatian High Administrative Court upholds the Competition Authority’s decision fining a watermelon re-seller for imposing unfair trading practices (Fragaria)
Croatian Competition Agency (Zagreb)
Croatia 118 contributions 19378 visits
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 Norwegian Court of Appeal issues a judgment imposing a fine of 788 Million against a telecommunications company for abuse of dominance (Telenor)
Norwegian Competition Authority (Bergen)
Norway 32 contributions 3921 visits
Telenor judgment final – fine of NOK 788 million upheld* The Supreme Court’s Appeals Selection Committee has declined to review the appeal from Telenor. Thereby, the judgment of the Court of Appeal is final and the fine of NOK 788 million imposed on Telenor for abuse of a dominant position (...)

The Slovenian Competition Authority initiates proceedings against alleged abuse of dominant position on the market for the processing of waste grave candles (Plastkom)
Slovenian Competition Authority (Ljubljana)
Slovenia 8 contributions 1091 visits
Sector inquiry into EV charging infrastructure: AFCA launches comprehensive market inquiry* As part of the sector inquiry into EV charging infrastructure, which the Austrian Federal Competition Authority (AFCA) got under way in November 2021 (see also AFCA’s press release of 16 November (...)

The Russian Competition Authority imposes a fine on a telecommunications company for abuse of dominance (Tele2)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 55706 visits
FAS Russia fined Tele2 for the abuse of its dominant position* The authority initiated an administrative offense case against the company and imposed a 825,500 rubles fine on the telecom operator for the abuse of its dominant position on November 22 [1]. In January 2021, the company (...)

The Irish Competition Authority publishes a report on ticketing investigation (Ticketmaster)
Irish Competition Authority (Dublin)
Ireland 102 contributions 16051 visits
CCPC publishes report on ticketing investigation* The Competition and Consumer Protection Commission (CCPC) has today published its report on the recently concluded investigation into ticketing services. The investigation report details how the CCPC was concerned that Ticketmaster Ireland (...)

The UK Competition Authority finds a breach in competition law by a price comparison website that leads to an opt-out collective claim based on the allegation that the website’s conduct led to higher prices of home insurance for consumers (ComparetheMarket)
Hausfeld (London)
United Kingdom 6 contributions 1057 visits
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Hausfeld (London)
United Kingdom 11 contributions 1581 visits
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Hausfeld (London)
United Kingdom 4 contributions 819 visits
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London, 1 November 2021 - An opt-out collective claim on behalf of over 20 million UK consumers of home insurance has been filed today by Home Insurance Consumer Action against the companies behind Comparethemarket.com. The claim follows the Competition and Markets Authority’s finding last (...)

The Croatian High Administrative Court dismisses and appeal against the Competition Authority’s decision that fined a fruits and vegetable company for the imposition of unfair trading practices (NTL)
Croatian Competition Agency (Zagreb)
Croatia 118 contributions 19378 visits
UTPS: HIGH ADMINISTRATIVE COURT DISMISSES APPEAL OF RE-SELLER NTL* On 11 November 2021 the High Administrative Court of the Republic of Croatia dismissed the appeal of the re-seller Narodni trgovački lanac d.o.o. Sesvete (NTL) and upheld the ruling of the Administrative Court in Zagreb of 9 (...)

The Bulgarian Competition Authority launches an investigation into allegations of abuse of dominance in the oil market (Lukoil)
Tsvetkova Bebov Komarevski (Sofia)
10 contributions 4093 visits
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Tsvetkova Bebov Komarevski (Sofia)
4 contributions 883 visits
Bulgaria: Abuse of dominance investigations against Lukoil* Background Starting from 2009, the Bulgarian Commission for Protection of Competition (“BCPC”) has conducted several sector inquiries and investigations on the oil market in Bulgaria – a sector giving rise to serious allegations (...)

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)
Hausfeld (Berlin)
Germany 9 contributions 2783 visits
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 (...)

The EU General Court largely dismisses a Big Tech company’s appeal against the Commission’s decision finding it had abused its dominant position by favoring its own comparison shopping service (Google Shopping)
General Court of the European Union (Luxembourg)
Luxembourg 61 contributions 29524 visits
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 (...)

The EU General Court confirms that “self-preferencing” by a Big Tech company can infringe Article 102 TFEU (Google Shopping)
Van Bael & Bellis (Brussels)
Belgium 59 contributions 13961 visits
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Van Bael & Bellis (Brussels)
Belgium 34 contributions 7592 visits
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Toyota (Brussels)
Belgium 38 contributions 8070 visits
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”) (...)

The EU General Court delivers judgment which confirms the Commission’s decision and finds a Big Tech guilty for abuse of dominance by favouring its own comparison shopping services on its general result pages (Google shopping)
Geradin Partners (Brussels)
Belgium 2 contributions 1464 visits
General Court of the EU delivers landmark Google Shopping judgment (Google and Alphabet v Commission, T-612/17) Introduction On 10 November 2021, the General Court (“the Court”) delivered its judgment in case T-612/17, Google and Alphabet v Commission, largely upholding the European (...)

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)
Hausfeld (Berlin)
Germany 9 contributions 2783 visits
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Ashurst (London)
United Kingdom 8 contributions 3286 visits
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Hausfeld (London)
United Kingdom 20 contributions 5143 visits
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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 (...)

The Croatian Competition Authority imposes a substantial fine on a supermarket for predatory pricing (SPAR Hrvatska)
Croatian Competition Agency (Zagreb)
Croatia 118 contributions 19378 visits
UNFAIR TRADING PRACTICES: CCA IMPOSES HRK 1.3M FINE ON SPAR HRVATSKA D.O.O.* The Croatian Competition Agency (CCA) fined SPAR Hrvatska d.o.o. HRK 1.3 million for serious infringement of the Croatian Act on the prohibition of unfair trading practices in the business-to-business food supply (...)

The Brazilian Competition Tribunal convicts a rail transport logistics company for abuse of dominance (Rumo-All)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 63 contributions 18122 visits
CADE convicts Rumo-ALL for abuse of dominant position in the market of rail transport logistics* The applied fine sums BRL 247.1 million On 3 November 2021, the Tribunal of the Administrative Council for Economic Defense (CADE) convicted the merged companies Rumo Logística Multimodal (...)

The French Competition Authority fines a sugar and molasses producer for abuse of dominance through excessively limiting supply contracts with rum distilleries (Tereos Océan Indien)
French Competition Authority (Paris)
France 741 contributions 394391 visits
The Autorité de la concurrence fines Tereos Océan Indien for abuse of a dominant position* Background Following a complaint lodged by the company Réunionnaise du Rhum, the Autorité de la concurrence has fined the sugar and molasses producer Tereos Océan Indien (TOI) 750,000 euros for (...)

The Croatian Administrative Court in Zagreb upholds the fine against a food wholesaler for using its market power to implement unfair trade practices (Kaufland Hrvatska)
Croatian Competition Agency (Zagreb)
Croatia 118 contributions 19378 visits
UTPS: ADMINISTRATIVE COURT IN ZAGREB UPHOLDS CCA DECISION SANCTIONING KAUFLAND HRK 1.1 MIL FOR IMPOSITION OF UNFAIR TRADING PRACTICES* The Administrative Court in Zagreb completely rejected the statement of claim of the re-seller Kaufland Hrvatska k.d. in the administrative dispute against (...)

The Australian Competition Authority announces that a national radio association can collectively bargain with 2 Big Tech companies about payments for using radio station’s news content on the digital platforms (Commercial Radio Australia / Google / Facebook)
Australian Competition and Consumer Commission (Canberra)
Australia 392 contributions 82307 visits
Commercial Radio Australia to collectively bargain with Google and Facebook* Commercial Radio Australia (CRA) can collectively negotiate with Facebook and Google over payment for their member stations’ news content featured on the platforms following an ACCC authorisation. The ACCC’s final (...)

The Turkish Competition Authority reinforces commitment to antitrust enforcement in the FMCG sector by fining 5 largest retailers for direct price fixing and hub-and-spoke arrangements (Savola / A101 / BİM / Carrefour / Migros / Şok)
Paksoy (Istanbul)
Turkey 1 contribution 204 visits
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Paksoy (Istanbul)
Turkey 1 contribution 204 visits
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Paksoy (Istanbul)
Turkey 1 contribution 204 visits
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Turkish Competition Board’s Chain Markets decision: a boost for competition law enforcement against hub-and-spoke arrangements in Turkey* Introduction The term “hub-and-spoke” refers to an atypical form of horizontal coordination characterised by vertical exchanges or agreements between (...)

The Australian Competition Authority releases its third digital platform services inquiry interim report and proposes that it be given the power to develop and implement a mandatory search engine choice screen in web browsers (Google)
Australian Competition and Consumer Commission (Canberra)
Australia 392 contributions 82307 visits
Benefits from more competition in internet search* Measures addressing Google’s dominance in search engine services, including a choice screen that provides consumers with a selection of search engines, should be introduced in Australia, as set out in the ACCC’s third Digital Platform (...)

The EU Commission carries out unannounced inspections at the premises of a pharmaceutical company active in animal health in Belgium due to suspected abuse of dominance
European Commission - DG COMP (Brussels)
Belgium 1336 contributions 2814957 visits
Antitrust: Commission carries out unannounced inspections in the animal health sector in Belgium* The European Commission is conducting unannounced inspections at the premises of a pharmaceutical company active in animal health in Belgium. The Commission has concerns that the inspected (...)

The Turkish Competition Authority accepts for the first time in the preliminary investigation stage commitments proposed by a glass manufacturing company to remedy competition concerns relating to an abuse of dominance in the glass production market (Şişecam)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 168 contributions 81036 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 5 contributions 1962 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 7 contributions 2306 visits
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The Turkish Competition Board (“Board”) decided that Şişecam, through its subsidiary Çevre Sistemleri, has abused its dominant position in the market for glass manufacturing, by way of excluding its competitors in the upstream market for recycled glass, utilized its buyer power to narrow the (...)

The Cypriot Administrative Court upholds the Competition Authority’s fine imposed on the national telecommunications authority for setting unfair prices (Cyprus Telecommunications Authority)
Commission for the Protection of Competition of the Republic of Cyprus (Nicosia)
Cyprus 64 contributions 8438 visits
The Administrative Court has upheld the decision of the Commission for the Protection of Competition and the fine imposed on the Cyprus Telecommunications Authority for infringements of the Protection of Competition Law of 2008 * The Administrative Court of the Republic of Cyprus has, by its (...)

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)
Commission for the Protection of Competition of the Republic of Cyprus (Nicosia)
Cyprus 64 contributions 8438 visits
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 (...)

The Austrian Cartel Court finds that a digital toll company abused its dominance by refusing to deal with a company seeking access its official webshop (ASFINAG)
Reidlinger Schatzmann Rechtsanwälte (Vienna)
Austria 21 contributions 82622 visits
Refusal to deal is a “rare” animal in case law regarding the abuse of a dominant position under Art 102 TFEU and the respective provisions under national law of the EU member states. It is therefore noteworthy that the Austrian Supreme Court (in its capacity as Appellate Cartel Court) (...)

The Russian Supreme Court supports the Competition Authority’s complaint against rulings which declared illegal the Authority’s decision to bring a telecommunications operator to administrative responsibility for non-compliance with its instructions (Tele2)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 55706 visits
The Supreme Court supported the position of the FAS Russia on the Statute of Limitations for failure to comply with the regulations of the service* The time limit is one year On October 6, 2021, the Supreme Court of the Russian Federation upheld the complaint of the FAS Russia against (...)

The Moscow Arbitration Court supports the Competition Authority in its dispute against a telecommunications operator after it was found that the company increased the cost of mobile communication services on separate tariff plans (Tele2)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 55706 visits
The Court supported the FAS Russia in the dispute with Tele2* From May 12, 2020, the company increased the cost of mobile communication services on separate tariff plans The Moscow Arbitration Court confirmed the legality of the decision and order of the FAS Russia in relation to T2 Mobile (...)

The Turkish Competition Authority issues interim measures against a leading marketplace platform for its use of algorithms and third-party data to benefit its own offerings (Trendyol)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 168 contributions 81036 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 5 contributions 1488 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 9 contributions 3005 visits
This case summary includes an analysis of the Turkish Competition Board’s (“Board”) Trendyol Interim Measure decision in which the Board, upon the findings of its preliminary investigation, determined that DSM Grup Danışmanlık İletişim ve Satış Ticaret A.Ş.’s (“Trendyol”) use of algorithms and (...)

The Turkish Competition Authority decides that a telecoms infrastructure operator did not abusively refuse to deal with downstream competitors because there was no market foreclosure that would result in consumer harm (Türk Telekom / TTNET)
ACTECON (Istanbul)
Turkey 12 contributions 1701 visits
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ACTECON (Istanbul)
Turkey 7 contributions 899 visits
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ACTECON (Istanbul)
Turkey 5 contributions 644 visits
Introduction The Turkish Competition Board (the “Board”) published its reasoned decision dated 30.09.2021 and numbered 21-46/667-332 (the “Decision”) concerning the full-fledged investigation launched against Türk Telekomünikasyon A.Ş. (“TT”) upon the complaints of undertakings operating in (...)

The US DoJ quietly walks back prior administrative-era support of standard essential patent holders over standard-setting organizations and patent licensees
White & Case (Washington)
United States 14 contributions 4060 visits
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White & Case (New York)
United States 4 contributions 1267 visits
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White & Case (Washington)
United States 3 contributions 645 visits
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The Department of Justice’s Antitrust Division has taken a first step in changing its view of IP rights, particularly where Standard Essential Patents ("SEPs") are at issue. Under the Trump Administration, the Division’s policy swung in favor of SEP innovators over standard-setting (...)

The US Court of Appeals for the Ninth Circuit dismisses the class action brought on behalf of indirect purchasers alleging that a chip manufacturer abused its dominant position by refusing to sell chips to manufacturers that did not pay above-market royalty rates to license its patents (Qualcomm / Stromberg)
Hausfeld (Washington)
United States 1 contribution 386 visits
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Hausfeld (San Francisco)
United States 3 contributions 474 visits
On September 29, 2021, the Ninth Circuit vacated the class certification order in Stromberg et al. v. Qualcomm, an antitrust class action brought on behalf of indirect purchasers alleging that Qualcomm monopolized the market for modem chips by refusing to sell chips to manufacturers that did (...)

The Australian Competition Authority publishes a report on advertising technology and identifies significant competition concerns namely due to a Big Tech company’s dominance of the sector (Google)
Australian Competition and Consumer Commission (Canberra)
Australia 392 contributions 82307 visits
Google’s dominance in ad tech supply chain harms businesses and consumers* An ACCC inquiry into the advertising technology (or ‘ad tech’) sector has identified significant competition concerns and likely harms to publishers, advertisers, and, ultimately, consumers. The report, published (...)

The German Federal Supreme Court rules that infrastructure usage charges may infringe competition law where the pricing system is non-transparent, largely defies rational justification and does not comply with the statutory pricing system (DB Netz / Deutsche Bahn)
Arnecke Sibeth Dabelstein (Frankfurt)
Germany 3 contributions 132 visits
On 21 September 2021, the German Federal Supreme Court ruled on infrastructure usage charges in its second judgement concerning track path prices (KZR 88/20 - Trassenentgelte II) and formulated the following guiding principles: a) If a market-dominating company which has a significant (...)

The Italian Administrative Court of First Instance annuls a national telecommunications company’s margin squeeze fine due to the Competition Authority incorrectly applying the "as efficient competitor" test (Vodafone)
Ashurst (Brussels)
Belgium 45 contributions 45863 visits
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Ashurst (Milan)
Italy 102 contributions 29515 visits
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Ashurst (Brussels)
Belgium 12 contributions 6326 visits
On 15 September 2021, the Italian administrative court of first instance ("TAR Lazio") upheld the appeal brought by Vodafone Italia S.p.A. ("Vodafone") against the decision of the Italian Competition Authority ("ICA") of 13 December 2017 in case A500(A). The TAR Lazio found that the ICA had (...)

The Russian Competition Authority initiates investigations against the largest manufacturer of oriented strand boards for possible abuse of its dominant position (Kronospan Group)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 55706 visits
FAS initiated a case in relation to the largest manufacturer of oriented strand boards* The cost of this product increased by more than 300% in 2021 Due to the large number of claims received regarding the price increase of oriented strand boards, the FAS Russia analyzed the state of (...)

The Australian Competition Authority proposes to authorize a national union of commercial radio broadcasters to collectively bargain with two Big Tech companies (Commercial Radio Australia / Google / Facebook)
Australian Competition and Consumer Commission (Canberra)
Australia 392 contributions 82307 visits
ACCC proposes to authorise Commercial Radio Australia to collectively bargain with Google and Facebook* The ACCC has issued a draft determination proposing to authorise Commercial Radio Australia (CRA) to collectively negotiate with Facebook and Google over payment for their member stations’ (...)

The EU Commission approves Greek commitments to remove the distortion created by the state-owned electricity provider’s exclusive access to lignite-fired generation (PPC)
European Commission - DG COMP (Brussels)
Belgium 1336 contributions 2814957 visits
Antitrust: Commission approves Greek measures to increase access to electricity for PPC’s competitors* The European Commission has made legally binding, under EU antitrust rules, measures proposed by Greece to allow the competitors of Public Power Corporation (PPC), the Greek state-owned (...)

The EU Commission approves Greek commitments requiring the state-owned electricity incumbent to maintain a fixed net seller position for electricity baseload futures on certain energy exchanges to address competition concerns (PPC)
Ashurst (Brussels)
Belgium 7 contributions 1234 visits
The European Commission accepted commitments from Greece requiring Public Power Corporation (PPC), the state-owned electricity incumbent, to maintain a fixed net seller position for electricity baseload futures on certain energy exchanges in order to address competition concerns raised by (...)

The Turkish Competition Authority accepts a leading beverage company’s commitments to remedy competition concerns over its abuse of dominance in the carbonated drinks, cola drinks and aromatic carbonated drinks markets (Coca Cola)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 168 contributions 81036 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 5 contributions 609 visits
The changes to the Law No. 4054 on Protection of Competition (“Law No. 4045”) introducing the new commitment and settlement mechanisms, entered into force on 24 June 2020 with the Amendment Law, aiming to achieve efficiency gains and allow the competition investigations to close at an earlier (...)

The Russian Competition Authority imposes a fine on an online travel agency for abusing its dominant position (Booking.com)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 55706 visits
FAS Russia fined Booking.com B.V. by 1.3 Billion Rub* The company abused its dominant position in the Russian market The FAS Russia imposed a turnover fine on Booking.com B.V. (Netherlands) equal to 1.3 billion RUB for abuse of its dominant position in the market. The company operates the (...)

The Russian Competition Authority issues a warning to a Big Tech company after receiving complaints that the company prohibits informing clients about the alternative payment methods in the App Store applications (Apple)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 55706 visits
FAS Russia issued a warning to Apple* The company prohibits informing clients about the alternative payment methods in the App Store applications The FAS Russia received complaints from users of iOS devices and application developers. They note that in some cases it is cheaper to buy a (...)

The Turkish Competition Authority finds manufacturers of medical imaging and diagnostic devices not liable for abuse of dominance in relation to the provision of access codes and activation tools for the maintenance of medical imaging devices (Philips Turkey)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 168 contributions 81036 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 2 contributions 362 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 3 contributions 869 visits
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This case summary includes an analysis of the Turkish Competition Board’s (“Board”) Philips decision (26.08.2021, 21-40/589-286) in which the Board determined that Türk Philips Ticaret A.Ş. (“Philips Turkey”) did not abuse its dominant position through denying or delaying access to codes and (...)

The Turkish Competition Authority closes an investigation into alleged abuse of dominance by withholding access to codes and activation tools required for the maintenance and repair of medical imaging devices (Philips Turkey)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 168 contributions 81036 visits
The Turkish Competition Board (the “Board”) launched a full-fledged investigation against Türk Philips A.Ş (“Philips Turkey”) into allegations of abuse of dominance through denying or delaying access to codes and activation tools required for the maintenance and repair of medical imaging (...)

The Australian Competition Authority announces new rules and regulations regarding the dominance of Big Tech companies on app marketplaces (Google / Apple)
Australian Competition and Consumer Commission (Canberra)
Australia 392 contributions 82307 visits
Platforms’ dominance of apps market needs to be addressed* New rules and regulations may be needed in addition to enforcement action by competition regulators worldwide to rectify concerns about the dominance of Apple and Google in app marketplaces, ACCC Chair Rod Sims said today. In a (...)

The Australian Competition Authority reiterates the need for additional regulation to address concerns about the dominance of digital platforms
Baker McKenzie (Sydney)
Australia 5 contributions 1348 visits
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Baker McKenzie (Sydney)
Australia 6 contributions 1423 visits
ACCC continues its focus on technology and digital platforms The ACCC has reiterated the need for additional regulation to address concerns about the dominance of digital platforms. On 19 August 2021, in a speech to the Global Competition Review Webinar about the ACCC’s digital platforms (...)

The UK Competition Authority finds that 2 pharmaceutical companies abused their dominant positions to overcharge the National Health Service for vital anti-epilepsy drugs (Pfizer / Flynn)
UK Competition & Markets Authority - CMA (London)
United Kingdom 384 contributions 95284 visits
CMA accuses pharma firms of illegal pricing* The CMA has provisionally found that Pfizer and Flynn abused their dominant positions to overcharge the NHS for vital anti-epilepsy drugs, after reassessing the case. Having gathered further evidence and after carefully assessing the facts, the (...)

The Latvian Competition Authority sanctions a local municipality for abusing its dominant position in the organization of waste management (Jelgava Municipality)
Latvian Competition Council (Riga)
Latvia 122 contributions 23761 visits
The CC punishes Jelgava’s Municipality for the abuse of a dominant position in the organization of waste management* On July 22, the Competition Council (CC) decided to punish Jelgava’s Municipality for abuse of a dominant position related to the municipality’s actions, unreasonably and (...)

The New Zealand Competition Authority releases a draft report on competition in the retail grocery sector, finding that competition is not working well, and proposing a number of policy options for improvement
New Zealand Commerce Commission (Wellington)
New Zealand 171 contributions 23613 visits
Commission releases draft report on competition in the retail grocery sector* The Commerce Commission’s draft report into competition in the retail grocery sector has found that competition is not working well for consumers. “If competition was more effective, retailers would face stronger (...)

The UK Competition Authority fines a pharmaceutical company for overinflating the price of thyroid tablets (Advanz)
UK Competition & Markets Authority - CMA (London)
United Kingdom 384 contributions 95284 visits
CMA fines pharma firm over pricing of crucial thyroid drug* The CMA has imposed over £100 million in fines after Advanz inflated the price of thyroid tablets, causing the NHS and patients to lose out. Advanz increased the price of thyroid tablet packs from £20 in 2009 to £248 in 2017 – an (...)

The Spanish Competition Authority publishes a study on the national online advertising sector
Spanish Competition Authority (CNMC) (Madrid)
Spain 138 contributions 30046 visits
The CNMC publishes a study on the online advertising sector in Spain* It analyses the competition conditions and warns that there is a high concentration level. It estimates that Google and Facebook absorb more than 70% of the market revenue. It points out risks such as opacity and other (...)

The Hungarian Competition Authority launches an investigation against a leading regional player on the gravel market
Hungarian Competition Authority (Budapest)
Hungary 93 contributions 19004 visits
GVH has launched an investigation against a leading regional player on the gravel market* 21 July 2021, Budapest – The Hungarian Competition Authority (GVH) has initiated a competition supervision proceeding against a large undertaking engaged in gravel production in the Central Hungary (...)

The Dutch Competition Authority fines a national drug manufacturer for excessive pricing (Leadiant)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 207 contributions 34961 visits
ACM imposes fine on drug manufacturer Leadiant for CDCA’s excessive price* The Netherlands Authority for Consumers and Markets (ACM) has established that drug manufacturer Leadiant charged far too high a price for its prescription drug CDCA-Leadiant. As such, Leadiant abused its dominant (...)

The Dutch Competition Authority fines a medicine supplier almost €20 million for excessive pricing of a metabolic disorder medicine (Leadiant)
Van Bael & Bellis (Brussels)
Belgium 19 contributions 7620 visits
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Van Bael & Bellis (Brussels)
Belgium 53 contributions 22784 visits
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Van Bael & Bellis (Brussels)
Belgium 154 contributions 52614 visits
On 20 July 2021, the ACM announced that it had imposed a fine of € 19,569,500 on Leadiant for abusing its dominant position by charging excessive prices for chenodeoxycholic acid-Leadiant (“CDCA”), a medicine indicated for the treatment of patients suffering from cerebrotendinous (...)

The Indian Competition Authority closes a case against a taxi-aggregator finding no abuse of dominance in the market for radio taxi services in Delhi-NCR (Meru Travel Solutions / Uber India)
Shardul Amarchand Mangaldas (New Delhi)
India 63 contributions 18385 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 66 contributions 20410 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 66 contributions 19310 visits
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The CCI closed a case against taxi-aggregator Uber, rejecting arguments by Meru Travel Solutions (Meru) that Uber had abused its dominant position under Section 4 of the Competition Act by resorting to predatory pricing and that exclusivity agreements with its driver partners had an (...)

The French Competition Authority fines a Big Tech search engine €500M for failing to comply with multiple injunctions which sought to protect online publishers from abuses of dominance (Google)
French Competition Authority (Paris)
France 741 contributions 394391 visits
Remuneration of related rights for press publishers and agencies: the Autorité fines Google up to 500 million euros for non-compliance with several injunctions* Remuneration of related rights for press publishers and agencies: the Autorité fines Google up to 500 million euros for (...)

The Russian Competition Authority conducts inspections of large construction companies and manufacturers of construction materials for the rise in prices in the first half of 2021
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 55706 visits
FAS will conduct inspections in the construction materials market* In connection with the continuing rise in prices in the construction market and adjacent markets, the FAS Russia has instructed its territorial bodies to conduct inspections of large construction companies and manufacturers (...)

The UK Competition Authority consults on its market investigation into emergency services’ mobile radio network (Motorola / Airwave Solutions)
UK Competition & Markets Authority - CMA (London)
United Kingdom 384 contributions 95284 visits
CMA consults on market investigation into emergency services’ mobile radio network* The CMA is consulting on whether to launch a market investigation into Motorola’s Airwave network – the mobile radio network used by all emergency services in Great Britain. The move follows concerns (...)

The Spanish Competition Authority publishes a study about the online advertising sector in which it identifies competition concerns
Bird & Bird (Madrid)
Spain 29 contributions 4673 visits
The Spanish Competition Authority (“CNMC”) has recently published a study about the online advertising sector in which it analyses the market competition conditions, with a stress on ‘big tech’ practices. The study mentions, among other things, some key factors to tackle the set of (...)

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)
Ashurst (Frankfurt)
Germany 15 contributions 4171 visits
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Ashurst (Munich)
Germany 9 contributions 1745 visits
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 Chinese State Administration for Market Regulation launches public consultations on its proposed amendments to administrative sanctions for price-related illegal activities with special focus on the digital sector
Herbert Smith Freehills (Hong Kong)
Hong Kong 12 contributions 3003 visits
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Herbert Smith Freehills (Shanghai)
China 7 contributions 1950 visits
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Herbert Smith Freehills (Hong Kong)
China 6 contributions 1140 visits
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The State Administration for Market Regulation (SAMR), China’s primary competition enforcement regulator, recently published a consultation draft of its amendments to the existing Provisions on Administrative Sanctions Against Price-related Illegal Activities on 2 July 2021 (the Provisions). (...)

The US FTC charges a semiconductor supplier with illegal monopolization through exclusive dealing in the market for components used to deliver TV and broadband internet services (Broadcom)
US Federal Trade Commission (FTC) (Washington)
United States 171 contributions 40113 visits
FTC Charges Broadcom with Illegal Monopolization and Orders the Semiconductor Supplier to Cease its Anticompetitive Conduct* The Federal Trade Commission has issued a complaint charging Broadcom with illegally monopolizing markets for semiconductor components used to deliver television and (...)

The Spanish Competition Authority launches an investigation into two Big Tech companies’ possible restrictive practices in the internet sales of electronic products (Apple / Amazon)
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 46136 visits
On 1 July 2021, the CNMC announced an investigation against Apple and Amazon for possible restrictive practices in the Internet sales of electronic products and the provision of marketing services to third-party retailers through online platforms in Spain. The conduct under investigation (...)

The Swedish Competition Authority finds that a data collector’s refusal to supply data constitutes an abuse of dominance and imposes a temporary obligation to continue to deliver data on the housing market to a company in charge of the national housing price index (Svensk Mäklarstatistik)
Swedish Competition Authority (Stockholm)
Sweden 69 contributions 9926 visits
Svensk Mäklarstatistik must continue to deliver data on the housing market* The Swedish Competition Authority is imposing a temporary obligation on Svensk Mäklarstatistik to continue to deliver data on residential transactions in Sweden to the company Valueguard Index Sweden, including the (...)

The US District Court for the District of Colombia dismisses a case filed by the FTC against a Big Tech company due to the lack of plausible evidence that the company has monopoly power in the personal social networking services market (Facebook)
Bona Law (Detroit)
États-Unis 25 contributions 5562 visites
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Bona Law (San Diego)
United States 14 contributions 6214 visits
Facebook Wins First Antitrust Battle: The FTC and State Enforcers Fail to Establish (For Now) Facebook’s Monopoly on Social Media Networks (with update)* In late 2020, the Federal Trade Commission (FTC) and the attorneys-general (AGs) from 48 states filed nearly identical antitrust lawsuits (...)

The US District Court for the District of Columbia grants motions to dismiss two parallel antitrust complaints filed by the FTC and a group of State AGs against a social media company for monopolization, with the FTC being allowed to file an amended complaint in 30 days (Facebook)
Skadden, Arps, Slate, Meagher & Flom (Washington)
United States 30 contributions 9454 visits
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Skadden, Arps, Slate, Meagher & Flom (New York)
United States 21 contributions 5586 visits
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Skadden, Arps, Slate, Meagher & Flom (New York)
United States 9 contributions 2728 visits
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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 French Competition Authority agrees that a vacuum manufacturer did not engage in abusive resale-price maintenance after ten year legal battle (Kärcher)
Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 26 contributions 8313 visits
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 5 contributions 919 visits
On June 24, 2021, after almost 10 years of proceedings, the FCA held that Kärcher’s recommended resale prices practices did not amount to resale price maintenance. In particular, while Kärcher sales persons regularly visited points of sale to discuss elements of sales policy, such as the (...)

The US Congress marks up 6 newly proposed antitrust bills aimed at reigning in alleged anticompetitive and monopolistic conduct by Big Tech companies
Bona Law (San Diego)
United States 14 contributions 6214 visits
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Bona Law (Detroit)
États-Unis 25 contributions 5562 visites
Antitrust Political Developments: Biden Administration Issues Executive Order on Competition and Congress Proposes Six New Antitrust Bills* On June 23, the House Judiciary Committee marked up and reported favorably six new tech antitrust bills called to be a “historic package of bipartisan (...)

The EU Commission opens an investigation into possible abuse of dominance by a Big Tech company in the online advertising technology sector (Google ad tech)
European Commission - DG COMP (Brussels)
Belgium 1336 contributions 2814957 visits
Antitrust: Commission opens investigation into possible anticompetitive conduct by Google in the online advertising technology sector* The European Commission has opened a formal antitrust investigation to assess whether Google has violated EU competition rules by favouring its own online (...)

The Indian Competition Authority orders an investigation against a Big Tech company for imposing restrictive obligations on smart TV original equipment manufacturers (Google / Xiaomi / TCL)
Shardul Amarchand Mangaldas (New Delhi)
India 63 contributions 18385 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 66 contributions 20410 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 66 contributions 19310 visits
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The CCI directed an investigation against Google for alleged abuses in relation to its TV operating system, Android TV OS. The two Informants in the case alleged that Google had imposed restrictive obligations on smart TV original equipment manufacturers (OEMs) in breach of Section 4 of the (...)

The UK Competition Authority launches a market study into two Big Tech companies’ mobile ecosystems over concerns that they might abuse their dominant position (Google / Apple)
UK Competition & Markets Authority - CMA (London)
United Kingdom 384 contributions 95284 visits
CMA to scrutinise Apple and Google mobile ecosystems* The CMA has launched a market study into Apple’s and Google’s mobile ecosystems over concerns they have market power which is harming users and other businesses. The Competition and Markets Authority (CMA) is taking a closer look at (...)

The Indian Karnataka High Court dismisses petitions by 2 major online retailers challenging the probe ordered by the Competition Authority against them for alleged violations of Competition Law (Amazon / Flipkart)
Vaish Associates Advocates (New Delhi)
India 263 contributions 41984 visits
Amazon and Flipkart lose (first) battle against Antitrust probe -Karnataka High Court dismisses the writ petition against CCI prima facie order* So, is it the beginning of the end of the Amazon (and Flipkart’s) combined market dominance or, at least, their allegedly vertical anti-competitive (...)

The Russian Competition Authority adds a snack manufacturing company and an e-learning company as interested parties in a case against search engine platform’s abuse of dominance (Yandex)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 55706 visits
New Stakeholders are involved in the consideration of the Yandex search results case* The company abuses of dominant position in the Internet search market and provides preferential conditions to its own services On June 9, 2021, during the meeting in the case, the applicants confirmed (...)

The French Competition Authority fines a Big Tech company €220M for favoring its services in the online advertising sector in a first decision to look into complex algorithmic auctions processes (Google AdX / Google DoubleClick for Publishers)
French Competition Authority (Paris)
France 741 contributions 394391 visits
The Autorité de la concurrence hands out a €220 millions fine to Google for favouring its own services in the online advertising sector* Google, did not dispute the facts, wished to settle with the Autorité, which granted its request. Google also proposed commitments, accepted by the (...)

The US State of New York Senate adopts the Twenty-First Century Antitrust Act to amend its State antitrust law
Cleary Gottlieb Steen & Hamilton (Washington)
United States 7 contributions 9236 visits
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Cleary Gottlieb Steen & Hamilton (Washington)
Belgium 8 contributions 3421 visits
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Cleary Gottlieb Steen & Hamilton (Washington)
United States 8 contributions 2178 visits
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The New York state Senate has passed the “Twenty-First Century Antitrust Act” (S. 933) to amend its state antitrust law, radically changing the risks of doing business in New York. It ostensibly aims at so-called “Big Tech,” but applies to all businesses, even those having very little (...)

The French Competition Authority fines a Big Tech company €220 million for abuse of a dominant position through self-preferencing in the ad tech industry (Google AdX / Google DoubleClick for Publishers)
Hausfeld (Berlin)
Germany 9 contributions 2783 visits
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Linklaters (Berlin)
Germany 2 contributions 1169 visits
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Hausfeld (Berlin)
Germany 7 contributions 1913 visits
On 7 June 2021, the French Competition Authority (“FCA”) concluded an investigation into Google’s ad tech business. The FCA (i) found that Google abused a pan-European dominant position and thereby infringed EU competition law by favoring its proprietary display advertising intermediation (...)

The Danish Competition Authority publishes a report on the nature of competition in the digital platforms’ market
Danish Competition and Consumer Authority (Copenhagen)
Denmark 131 contributions 35811 visits
The Danish Competition and Consumer Authority publishes report on the nature of competition in markets with digital platforms* As still more of our economy and social activities move online, digital platforms – and competition in the markets on which these digital platforms operate – play an (...)

The UK Competition Authority investigates a social media company’s use of ad data (Facebook)
UK Competition & Markets Authority - CMA (London)
United Kingdom 384 contributions 95284 visits
CMA investigates Facebook’s use of ad data* The CMA is investigating whether Facebook might be abusing a dominant position in the social media or digital advertising markets through its collection and use of advertising data. Facebook login on a mobile and laptop screen The Competition and (...)

The Indian Competition Authority rejects the allegations of abuse of dominance made against sports federations (Volleyball Federation of India / Baseline)
Shardul Amarchand Mangaldas (New Delhi)
India 63 contributions 18385 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 66 contributions 20410 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 66 contributions 19310 visits
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The CCI considered allegations made by a number of volleyball players registered with the Volleyball Federation of India (VFI) that the VFI, together with Baseline Ventures (India) Private Limited (Baseline), had acted in breach of the Competition Act. The Informants alleged that the VFI, in (...)

The Indian Competition Authority launches an investigation against a baseball federation and grants a rare interim injunction against the federation restraining its members’ participation in "not recognized" sports events (Confederation of Professional Baseball Softball Clubs / Amateur Baseball Federation of India)
Shardul Amarchand Mangaldas (New Delhi)
India 63 contributions 18385 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 66 contributions 20410 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 66 contributions 19310 visits
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The CCI considered at prima facie stage allegations by the Confederation of Professional Baseball Softball Clubs (CPBSC) that the Amateur Baseball Federation of India (ABFI) had abused its dominant position by prohibiting State Baseball Associations from dealing with bodies and leagues not (...)

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)
KPN (Amsterdam)
Netherlands 33 contributions 7184 visits
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Bird & Bird (The Hague)
Netherlands 4 contributions 853 visits
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 (...)

The German Competition Authority uses new rules for large digital players to examine a Big Tech company’s data processing terms (Google)
German Competition Authority (Bonn)
Germany 447 contributions 113592 visits
Proceeding against Google based on new rules for large digital players (Section 19a GWB) – Bundeskartellamt examines Google’s significance for competition across markets and its data processing terms* The Bundeskartellamt has today initiated two proceedings against Google Germany GmbH, (...)

The Russian Competition Authority issues a warning to a gas company to reduce retail gasoline prices in the Volgograd Region (Lukoil-Yugnefteprodukt)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 55706 visits
FAS issued to the company Lukoil-Yugnefteprodukt a warning to reduce the retail gasoline price in the Volgograd Region* Being a dominant in the regional market, the company increased retail gasoline prices in the daytime at individual gas stations The Office of the Federal Antimonopoly (...)

The German Competition Authority uses new rules for large digital players to examine a Big Tech company’s mobile operating system and app store (Apple)
German Competition Authority (Bonn)
Germany 447 contributions 113592 visits
Proceeding against Apple based on new rules for large digital companies (Section 19a(1) GWB) – Bundeskartellamt examines Apple’s significance for competition across markets* The Bundeskartellamt has today initiated a proceeding against the technology company Apple based on the new (...)

The German Competition Authority uses new rules for large digital players to examine a Big Tech company’s online marketplace and its competition significance across markets (Amazon)
German Competition Authority (Bonn)
Germany 447 contributions 113592 visits
Proceedings against Amazon based on new rules for large digital companies (Section 19a GWB)* The Bundeskartellamt has today initiated a proceeding against Amazon based on the new rules for large digital companies. It is the second proceeding that the Bundeskartellamt has opened based on the (...)

The Russian Competition Authority initiates a case against the national postal operator for charging extra to deliver parcels to hard-to-reach places, resulting in ending of the problematic practice (Russian Post)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 55706 visits
Russian Post has violated the antimonopoly legislation* The postal service charged a 100% extra for sending parcels from/to hard-to-reach areas. Earlier, the FAS Russia issued a warning to Russian Post JSC to stop charging such extras. Due to failure to comply with the warning within the (...)

The Italian Competition Authority fines a Big Tech company €100M for abusing its dominant position (Google / Enel X)
Italian Competition Authority (Rome)
Italy 69 contributions 18292 visits
ICA: Google fined over 100 million for abuse of dominant position* The Antitrust Authority has ordered Google to include in Android Auto the Enel X app allowing the use of services related to the recharging of electric vehicles. The Italian Competition Authority has imposed a fine of over (...)

The Italian Competition Authority fines a Big Tech company €102M for refusal to interoperate and imposes specific remedies requested by the complainant (Google / Enel X)
Portolano Cavallo (Milan)
Italy 36 contributions 6803 visits
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Portolano Cavallo (Milan)
Italy 63 contributions 9800 visits
On May 13, 2021, the Italian Competition Authority (the “AGCM” or the “ICA”) fined Alphabet Inc., Google LLC, and Google Italy S.r.l. (“Google”) over 100 million EUR for abusing of a dominant position pursuant to Section 102 of the Treaty on the Functioning of the European Union (“TFEU”). In a (...)

The EU Court of Justice receives a request for preliminary ruling in relation to whether the rules on the organisation of international football matches comply with EU competition law (ESLC / UEFA / FIFA)
Cruz Vilaça Advogados (Lisbon)
Portugal 5 contributions 3340 visits
Sports go way beyond their economic dimension. They are part of Europe’s identity and culture, fulfilling important social, educational and cohesion purposes. However, when it comes to professional sports and football in particular, the economic dimension has normally taken precedence. That EU (...)

The Russian Competition Authority issues a warning to a gas company on the need to reduce retail gasoline prices in the Republic of Kalmykia (Lukoil-Yugnefteprodukt)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 55706 visits
FAS issued Lukoil-Yugnefteprodukt warning on the need to reduce retail gasoline prices* Being a dominant in the regional market, the company increased retail gasoline prices in the daytime at individual gas stations The Office of the Federal Antimonopoly Service in the Republic of Kalmykia (...)

The Australian Federal Court declares that a national ports operator abused its dominant position (TasPorts)
Australian Competition and Consumer Commission (Canberra)
Australia 392 contributions 82307 visits
TasPorts declared to have misused its market power* The Federal Court has declared by consent that Tasmanian Ports Corporation Pty Ltd engaged in conduct that had the likely effect of substantially lessening competition in the markets for towage and pilotage services in northern Tasmania, in (...)

The Polish Competition Authority initiates proceedings against multiple TV channel distributors for abusing their dominant position (Telewizja Polsat / Discovery)
Polish Competition Authority (Warsaw)
Poland 119 contributions 21700 visits
TV packages - President of The Office of Competition and Consumer Protection has initiated antitrust proceedings Tomasz Chróstny, President of the Office of Competition and Consumer Protection, has initiated two antitrust proceedings against Telewizja Polsat and four companies belonging to the (...)

The Indian Competition Authority opens an investigation into potential anti-competitive conduct by a company engaged in the manufacturing and sale of commercial vehicles (Tata Motors)
Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10286 visits
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Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10220 visits
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Vahura (New Delhi)
India 59 contributions 5462 visits
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KEY POINTS Even if there is a delay in the filing of information on behalf of the informants, the Act does not envisage any period of limitation as inquiries conducted by CCI are proceedings in rem. There can be no limitation period in competition law as in a changing and evolving market (...)

The Indian Competition Authority dismisses a complaint against two regional development authorities and clarifies that a statutory body exercising economic functions cannot be guilty of abuse of dominance for policy-making decisions which apply equally to all market participants (Greater Noida Industrial Development Authority / New Okhla Industrial Development Authority)
Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10286 visits
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Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10220 visits
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Vahura (New Delhi)
India 59 contributions 5462 visits
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KEY POINTS A statutory body exercising economic functions can not be said to have abused its dominant position in a particular relevant market for any decisions taken as part of the policy-making process, which apply equally to all market participants. BRIEF FACTS Three separate (...)

The Swedish Competition Authority opposes the financing of the national horse racing industry by the country’s dominant company in horse racing gambling on the grounds that it may help the firm to entrench its dominance (ATG)
Swedish Competition Authority (Stockholm)
Sweden 69 contributions 9926 visits
ATG’s financing of the horse industry is not sustainable* It is not a sustainable financing model that the horse industry receives its financing from the gaming company ATG’s surplus. This risks further strengthening ATG’s already dominant position and cementing the current structure of the (...)

The Romanian Competition Authority fines a natural gas transportation company €6.1M for abusing its dominant position (Delgaz Grid)
Romanian Competition Council (Bucharest)
Romania 158 contributions 27658 visits
The competition council has santioned Delgaz Grid sa with fine of euro 6.1 milion* The Competition Council has sanctioned Delgaz Grid SA, a member of E.ON group, with a fine of lei 30 million (approximately Euro 6.1 million) for abuse of dominant position on the market of services related to (...)

The Russian Competition Authority fines a Big Tech company for abusing its dominant position in the distribution of mobile applications on its operating system (Apple)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 55706 visits
FAS Russia fined apple $12 million us dollars* On April 26, 2021, the FAS Russia imposed on Apple Inc. a turnover fine of 906,299,392.16 rubles (over $12 million) for violating antimonopoly legislation. In August 2020, the FAS Russia completed the consideration of the antitrust case (...)

The EU Commission sends a statement of objections to a Big Tech company regarding its store rules for music streaming providers (Apple App Store)
European Commission - DG COMP (Brussels)
Belgium 1336 contributions 2814957 visits
Antitrust: Commission sends Statement of Objections to Apple on App Store rules for music streaming providers* The European Commission has informed Apple of its preliminary view that it distorted competition in the music streaming market as it abused its dominant position for the (...)

The Australian Competition Authority grants interim authorisation to a press association to collectively bargain with two Big Tech companies (Country Press Australia / Google / Facebook)
Australian Competition and Consumer Commission (Canberra)
Australia 392 contributions 82307 visits
Country Press Australia members can collectively bargain with Google and Facebook* The ACCC has granted interim authorisation for Country Press Australia (CPA) members to collectively negotiate with Facebook and Google over payments to publishers for their news content that appears on the (...)

The Danish Competition Appeals Tribunal upholds the Competition Authority’s decision stating that a print circulars distributor abused its dominant position (FK Distribution)
Danish Competition and Consumer Authority (Copenhagen)
Denmark 131 contributions 35811 visits
Danish Competition Appeals Tribunal: FK Distribution has abused its dominant position* The Danish Competition Appeals Tribunal has upheld a June 2020 decision by the Danish Competition Council stating that FK Distribution abused its dominant position on the market for distribution of (...)

The Italian Competition Authority fines a Big Tech company for abusively locking a SatNav rival out of their app store (Google / Enel X)
Municipality of Cagliari
166 contributions 132928 visits
By a decision handed down in the Google/Enel X case, the Italian Competition Authority (ICA) has fined Alphabet Inc., Google LLC and Google Italy Srl (hereinafter Google) for infringing Article 102 TFEU. Google bused its dominant position because not allowing the release of JuicePass, an app (...)

The Delhi High Court reviews the Competition Authority’s inquiry into a Big Tech company’s data privacy policy (WhatsApp)
Vaish Associates Advocates (New Delhi)
India 263 contributions 41984 visits
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 (...)

The UK Competition Appeal Tribunal increases the Competition Authority’s fine imposed on a musical instrument firm for abuse of dominant position (Roland)
UK Competition & Markets Authority - CMA (London)
United Kingdom 384 contributions 95284 visits
CAT increases fine after musical instrument firm breaks settlement bargain* The CMA has welcomed a Competition Appeal Tribunal judgment dismissing an appeal against a fine it imposed, instead increasing the fine from £4m to £5m. In June 2020, the Competition and Markets Authority (CMA) (...)