Platforms

Foreword “Follow the Money” - Mapping issues with digital platforms into actionable theories of harm

The paper argues that antitrust tool should be seriously dialled up and can play a major role in the digital space if we are willing to evolve the economic (and legal) thinking on theories of harm in a way that – remaining consistent with key consumer welfare principles – is not just bound by the usual caution (“chilling innovation”) and the obsession with some “precedent” (“where is the tie?"). Unprecedented phenomena require unprecedented thinking.

Read more
CRA International (London)
United Kingdom 22 contributions 43746 visits

Anticompetitive practices

 The French Competition Authority publishes its contribution to the competition policy debate in light of the digital economy challenge
French Competition Authority (Paris)
France 518 contributions 163483 visits
The Autorité publishes its contribution to the debate on competition policy and the challenges raised by the digital economy* The Autorité de la concurrence publishes its contribution to the debate on competition policy in light of the challenges arising from the digital economy. It is thus (...)

The Canadian Competition Authority fines $1.3 million for allegedly failing to adequately disclose the full price of tickets in the online ticket seller market (StubHub)
Steve Szentesi Law Corporation (Vancouver)
Canada 51 contributions 9769 visits
The Price, the Whole Price and Nothing But the Price: StubHub Pays $1.3 Million Penalty Following Bureau Drip Pricing Probe* The Competition Bureau’s (Bureau) top priority for enforcement and advocacy is currently the digital economy (see, for example, here, here, here, here and here). And for (...)

The UK Court of Appeal rejects an appeal against a judgment of the CAT which upheld the CMA’s decision finding a company online sales ban of its custom-fitted golf clubs to be an unjustified restriction (Ping)
Van Bael & Bellis (Brussels)
Belgium 134 contributions 37393 visits
On 21 January 2020, the UK Court of Appeal rejected an appeal brought by the golf club manufacturer Ping Europe Limited (“Ping”) against the 2018 judgment of the Competition Appeal Tribunal (“CAT”), which upheld the Competition and Markets Authority’s (“CMA”) 2017 decision finding Ping’s online sales (...)

The Indian Competition Authority directs an investigation into allegations of anti-competitive agreements between e-commerce marketplaces (Amazon & Flipkart)
Shardul Amarchand Mangaldas (New Delhi)
Inde 32 contributions 6638 visites
,
Shardul Amarchand Mangaldas (New Delhi)
India 35 contributions 7204 visits
,
Shardul Amarchand Mangaldas (New Delhi)
India 38 contributions 7806 visits
…
The Competition Commission of India (CCI) has directed an investigation into allegations of anti-competitive agreements between e-commerce marketplaces Amazon and Flipkart, on the one hand, and sellers on these marketplaces, on the other. A Delhi based traders’ body alleged that Amazon and (...)

The Swedish Competition Authority issues preliminary injunction against the use of exclusivity provisions in vertical agreements by the owner of a training aggregator app (Bruce)
Van Bael & Bellis (Brussels)
Belgium 134 contributions 37393 visits
On 5 December 2019, the Swedish Competition Authority (“SCA”) issued a preliminary injunction against IM WITH BRUCE (“Bruce”), the owner of a so-called “training aggregator” app which offers subscribers access to a variety of fitness studios, prohibiting Bruce from using exclusivity provisions in its (...)

The Hungarian Competition Authority fines alarm system distributors over €1.5 million for anticompetitive agreements (Paradox)
Van Bael & Bellis (Brussels)
Belgium 134 contributions 37393 visits
The Hungarian Competition Authority (“GVH”) fined a supplier of security alarm systems, Paradox Security Systems (“Paradox”), registered in the Bahamas, and two of its Hungarian distributors, Power Biztonságtechnikai Kereskedelmi Kft (“Power”) and Trióda Biztonságtechnika Zrt (“Trióda”), approximately (...)

The Canadian Competition Bureau takes steps against misleading representations in online sales of airline tickets (FlightHub)
Université d’Ottawa - University of Ottawa
Canada 25 contributions 11623 visits
The old adage appears to ring true yet again: If it sounds too good to be true it probably is. Canada’s Competition Bureau (Bureau), which assists the Commissioner of Competition (Commissioner) in the administration and enforcement of the Competition Act (Act), announced on 28 October 2019 that (...)

The Indian Competition Commission orders an investigation against online travel agencies for imposing vertical restrictions and abuse of dominance (MakeMyTrip / OYO)
Trilegal (Mumbai)
4 contributions 1598 visits
,
Trilegal (Bengalore)
India 4 contributions 1598 visits
,
Trilegal (Mumbai)
4 contributions 1598 visits
Introduction The Federation of Hotel & Restaurant Associations of India (Informant), an association of hotels and restaurants in India, filed an Information with the Competition Commission of India (CCI) against MakeMyTrip India Pvt. Ltd. (MMT), Ibibo Group Private Limited (GoIbibo), (...)

The Brazilian CADE recommends closing an administrative inquiry which investigates potential anticompetitive conducts in the transmission of sensitive information among competitors in the payment market
Vinicius Marques de Carvalho Advogados (VMCA) (Sao Paulo)
1 contribution 124 visits
,
Vinicius Marques de Carvalho Advogados (VMCA) (Sao Paulo)
Brazil 8 contributions 1940 visits
On October 14, CADE’s General Superintendence (GS) recommended closing an administrative inquiry investigating potential anticompetitive conduct. Such conduct consisted of the transmission of sensitive information among competitors in the payments market. More specifically, the investigation (...)

The Belgian, Dutch and Luxembourg Competition Authorities advocate for an easier competition law enforcement in the digital world
Van Bael & Bellis (Brussels)
Belgium 209 contributions 32739 visits
On 2 October 2019, the Belgian, Dutch and Luxembourg competition authorities took the unusual step of adopting a joint memorandum on the role of the competition authorities in a digital world. This joint memorandum discusses merger control issues, the need for guidance in fast-moving digital (...)

The Canadian Competition Authority issues a call-out for information from Canada’s business community about conduct in the digital economy that may be harmful to competition
Canadian Competition Bureau (Gatineau)
Canada 3 contributions 228 visits
Competition Bureau calls for businesses to report potentially anti-competitive conduct in the digital economy* The Competition Bureau has published a call-out for information from Canada’s business community about conduct in the digital economy that may be harmful to competition. The Bureau is (...)

The Swiss Competition Commission fines a manufacturer of sport products for vertical price fixing with dealers (Stöckli)
Lenz & Staehelin (Zurich)
Netherlands 5 contributions 555 visits
Introduction The Swiss Competition Commission (“ComCo”) fined Stöckli Swiss Sports (“Stöckli”), a Swiss manufacturer of Skis and other sport products, for vertical price fixing with its dealers with CHF 140’000. The fine was rather low, as Stöckli had filed a leniency application, albeit after ComCo (...)

The UK Competition Authority imposes a record-breaking £3.7 million fine for online resale price maintenance (Casio)
Van Bael & Bellis (Brussels)
Belgium 134 contributions 37393 visits
According to a press release issued on 1 August 2019, the Competition and Markets Authority (“CMA”) imposed a fine of £ 3.7 million (approximately € 4.1 million) on piano supplier Casio Electronics (“Casio”) for online resale price maintenance (RPM). Between the years 2013 and 2018, Casio reportedly (...)

The French Competition Authority rejects the referral filed by an online content hosting service regarding practices of several companies in the online payment sector (Dstorage / Visa / Mastercard)
French Competition Authority (Paris)
France 518 contributions 163483 visits
Online payment* The Autorité de la concurrence rejects, in the absence of solid evidence, the referral filed by the online content hosting service Dstorage (1fichier.com) regarding practices of several companies in the payment methods sector, notably the Groupement des Cartes Bancaires, Visa (...)

The EU Commission opens investigation into the allegedly anticompetitive conduct of a multinational online platform focused on e-commerce (Amazon)
DG COMP (Brussels)
Belgium 448 contributions 1140777 visits
Antitrust: Commission opens investigation into possible anti-competitive conduct of Amazon* The European Commission has opened a formal antitrust investigation to assess whether Amazon’s use of sensitive data from independent retailers who sell on its marketplace is in breach of EU competition (...)

The Turkish Competition Board investigates into an alleged anticompetitive agreement in the e-commerce sector for having implemented vertical restraints (Hepsiburada / Anka Mobil)
Erdem & Erdem (Istanbul)
Turkey 63 contributions 68886 visits
Introduction With its decision dated 10.07.2019 and numbered 19-22/326-M, the Turkish Competition Board (“Board”) launched a formal investigation against D-Market Elektronik Hizmetleri ve Ticaret A.Ş. (“Hepsiburada”) and Anka Mobil Tedarik A.Ş. (“Anka Mobil”) to determine whether the relevant (...)

The UK Competition Authority announces the start of a formal market study into online platforms and the UK market for digital advertising
Simmons & Simmons (London)
United Kingdom 1 contribution 1472 visits
,
Simmons & Simmons (London)
United Kingdom 16 contributions 5745 visits
,
Simmons & Simmons (London)
United Kingdom 7 contributions 4430 visits
What is the Study about? The Study is broad in scope and aims to examine three potential sources of harm in connection with the digital advertising market: i) to what extent online platforms have market power in user-facing markets and what impact this has on consumers; ii) whether consumers (...)

The French Competition Authority fines a bicycle manufacturer € 250,000 for online sales restrictions (Bikeurope)
Van Bael & Bellis (Brussels)
Belgium 134 contributions 37393 visits
On 1 July 2019, the French Competition Authority (“FCA”) imposed a fine of € 250,000 on Trek Bicycle Corporation and its subsidiary Bikeurope B.V. (together “Bikeurope”) for having prohibited its authorised retailers from selling its bicycles online from 2007 to 2014, a restriction by object that (...)

The Portuguese Competition Authority warns that firms are responsible for the algorithms they use to coordinate market prices
Portuguese Competition Authority (Lisbon)
Portugal 47 contributions 11607 visits
The AdC warns that using algorithms to coordinate market prices is incompatible with the Portuguese Competition Law* The Portuguese Competition Authority (Autoridade da Concorrência, AdC) warns that firms are responsible for the algorithms they use and that employing these tools with the aim of (...)

The Hungarian Competition Authority fines several companies for price coordination through the use of online cash registers (IPSZOI / PayPal)
Hungarian Competition Authority (Budapest)
Hungary 46 contributions 7347 visits
The competition supervision procedure initiated against PayPal has ended with the acceptance of commitments* The Gazdasági Versenyhivatal (the Hungarian Competition Authority, GVH) accepted the commitments of the online payment method provider, PayPal. On the basis of the commitments, the (...)

The Düsseldorf Court of Appeal quashes the Competition Authority’s decision and finds a most favoured nation clause compatible with antitrust law for a hotel booking platform (Booking.com)
Heinz & Zagrosek (Köln)
Germany 21 contributions 9410 visits
Booking.com’s "narrow" MFN clauses now also permissible in Germany, Court of Appeals rules* On June 4, 2019, the Düsseldorf Court of Appeal quashed the decision of the Federal Cartel Office (“FCO”) prohibiting Booking.com to operate so-called narrow most favored nation (MFN) clauses (or best price (...)

The Düsseldorf Court of Appeal overturns the Competition Authority’s prohibition of narrow best price clauses (Booking.com)
Van Bael & Bellis (Brussels)
Belgium 134 contributions 37393 visits
On 4 June 2019, the Higher Regional Court of Düsseldorf (the “Court”) ruled that narrow best price clauses are not anticompetitive and overturned the decision of the Federal Cartel Office (“FCO”) prohibiting Booking.com from using such clauses in contracts with hotel operators. ‘Narrow’ best price (...)

The Hungarian Competition Authority fines a retailer for fixing the online retail prices of its products (Husqvarna Magyarország)
Hungarian Competition Authority (Budapest)
Hungary 46 contributions 7347 visits
The GVH imposes a fine of HUF 100 million on Husqvarna Magyarország Kft. for fixing the online retail prices of its products* The Gazdasági Versenyhivatal (the Hungarian Competition Authority, GVH) imposed a fine of HUF 111 million (approx. EUR 330 thousand) on Husqvarna Magyarország Kft. because (...)

The UK Competition Authority launches an investigation into online gaming companies’ roll-over contracts
Simmons & Simmons (London)
United Kingdom 2 contributions 826 visits
,
Simmons & Simmons (London)
United Kingdom 16 contributions 5745 visits
,
Simmons & Simmons (London)
United Kingdom 7 contributions 4430 visits
The UK Competition and Markets Authority (CMA) announced on 05 April 2019 that it is launching an investigation into online gaming companies’ use of auto-renewal, cancellation, and refund policies in relation to online services. The investigation is being conducted using the CMA’s consumer (...)

The EU Commission sends statement of objections concerning alleged geo-blocking of PC video games (Valve / Focus Home / Koch Media / ZeniMax / Bandai Namco / Capcom)
Van Bael & Bellis (Brussels)
Belgium 134 contributions 37393 visits
On 5 April 2019, the European Commission announced via a press release that it had sent Statements of Objections to Valve – the owner of the ‘Steam’ video game distribution platform – and five video game publishers (Bandai Namco, Capcom, Focus Home, Koch Media and ZeniMax) concerning their alleged (...)

The EU Commission fines a company for restricting cross-border and online sales of branded merchandise by its european licensees (Nike)
Crowell & Moring (Brussels)
Belgique 1 contribution 378 visites
,
Crowell & Moring (Brussels)
Belgique 1 contribution 378 visites
E-Commerce in Europe: A Look into Nike’s Huge Antitrust Fines* On March 25, the European Commission (EC) fined Nike €12.5 million for restricting cross-border and online sales of branded merchandise by its European licensees. In December last year, the EC fined Guess €40 million for imposing (...)

The German Competition Authority publishes a paper summarizing its sector inquiry into online price comparison websites
Van Bael & Bellis (Brussels)
Belgium 209 contributions 32739 visits
On 4 February 2019, the German Federal Cartel Office (“FCO”) published a fifth paper in its series “Competition and Consumer Protection in the Digital Economy”. The paper summarizes the sector inquiry into online comparison websites in the travel, energy, insurance, telecommunications and financial (...)

The Indian Competition Authority dismisses allegations of resale price maintenance against a manufacturer and seller of kitchen appliances due to lack of witnesses and manufacturer’s distribution rights (Snapdeal / Jasper Infotech / Kaff Appliances)
Vaish Associates (New Delhi)
India 244 contributions 24482 visits
CCI finds no evidence of resale price maintenance on sale of KAFF appliances on Snapdeal* CCI, by way of order dated 15.01.2019 under Section 26(6) the Act, has dismissed allegations of Resale Price Maintenance (“RPM”) against Kaff Appliances (India) Pvt. Ltd. ( “KAFF/ OP”).The information was (...)

The Paris Court of Appeal specifies a manufacturer’s right to deny access to its selective distribution network to an applicant distributor in the electronic product market in compliance with competition law and civil law (Sony Europe / Concurrence)
Osborne Clarke (Paris)
France 2 contributions 1475 visits
,
Osborne Clarke (Paris)
France 3 contributions 2109 visits
This case concerned a consumer electronics manufacturer and a distributor between whom the relationship was particularly conflicting. A large number of commercial disputes were brought before the courts by the distributor to obtain the right to distribute the manufacturer’s products. Even though (...)

The US District Court for the Southern District of Florida receives an antitrust claim against bitcoin companies concerning alleged coordination in order to restrain trade (United American Corp / Bitmain)
Constantine Cannon (New York)
États-Unis 1 contribution 104 visites
The First Blockchain Antitrust Case. Or Is It?* Legal professionals paying close attention to the still nascent world of blockchains and cyptocurrencies are following what is considered to be the first antitrust case involving cryptocurrencies. For enthusiasts, United American Corp. v. (...)

The Indian Competition Authority dismisses cartel allegations against taxi app drivers because they were just following the algorithm pricing and not actively colluding to fix prices (Samir Agrawal / ANI Technologies / Uber India)
Vaish Associates (New Delhi)
India 244 contributions 24482 visits
CCI closes allegation of cartelization between taxi aggregators* By way of an order dated November 6, 2018, the CCI dismissed allegations of concerted action against Ola and Uber Group (OPs). Allegations were levelled against the pricing algorithm adopted by the OPs which allegedly manipulated (...)

The EU Commission announces antitrust probe into data use (Amazon)
Simmons & Simmons (London)
United Kingdom 2 contributions 1758 visits
,
Simmons & Simmons (London)
United Kingdom 2 contributions 2204 visits
The European Commission (the EU’s antitrust regulator) has announced that it is investigating Amazon’s use of third-party data as part of a wider probe into its business practices. Many retailers use Amazon as a platform to sell their products and, in doing so, provide Amazon with sales data. At (...)

The EU Commission fines electronic goods manufacturers for resale price maintenance (Asus / Denon & Marantz / Philips / Pioneer)
McDermott Will & Emery (Brussels)
Belgium 35 contributions 2926 visits
,
McDermott Will & Emery (Paris)
France 106 contributions 29666 visits
,
McDermott Will & Emery (Brussels)
Belgium 35 contributions 2920 visits
Vertical restrictions, including resale price maintenance (RPM), have not generally been an EC enforcement priority over the last 10 years, but a series of rulings in July 2018 signalled a potential change in that trend. Although the EC considers RPM to be a “hardcore restriction” of (...)

The EU Commission fines four electronics manufacturers for fixing minimum resale prices for online retailers (Asus / Denon & Marantz / Philips / Pioneer)
K&L Gates (Houston)
United States 1 contribution 107 visits
,
K&L Gates (Sidney)
Australia 3 contributions 481 visits
,
K&L Gates (Boston)
1 contribution 107 visits
…
On 24 July 2018, in four separate decisions, the European Commission (“Commission”) levied fines totalling EUR 111 million on four well-known manufacturers of consumer electronic products for imposing fixed or minimum resale prices on their online retailers between 2011 and 2015. These decisions (...)

The Higher Regional Court of Frankfurt/Main, applying the preliminary ruling of the EU Court of Justice, finds that a luxury perfume provider can prohibit unauthorised distribution over third-party websites (Coty Germany)
McDermott Will & Emery (Brussels)
Belgium 35 contributions 2926 visits
,
McDermott Will & Emery (Paris)
France 106 contributions 29666 visits
,
McDermott Will & Emery (Brussels)
Belgium 35 contributions 2920 visits
This judgment of the Higher Regional Court of Frankfurt/Main of 12 July 2018 applying the preliminary ruling of the CJEU of 6 December 2017 in the case Coty Germany GmbH v Parfümerie Akzente GmbH will reassure manufacturers of luxury products that they can protect such products from unauthorised (...)

The US Supreme Court dismisses an appeal brought by the US Government and a number of US States regarding a two-sided platform (Ohio / AMEX)
BHP Billiton (Melbourne)
Australia 2 contributions 266 visits
US REGULATORS’ SWIPE AT AMEX DECLINED BY SUPREME COURT* On 25 June 2018, the Supreme Court of the United States dismissed an appeal brought by the US Government and a number of US States against credit-card provider American Express (Amex) for alleged anti-competitive conduct in violation of (...)

The US Supreme Court rejects Government antitrust challenge against anti steering provisions of a credit-card network company (OHIO / AMEX)
Weil, Gotshal & Manges (Washington)
United States 1 contribution 71 visits
,
Weil, Gotshal & Manges (Washington)
États-Unis 3 contributions 366 visites
Supreme Court Rejects Government Antitrust Challenge to American Express Antisteering Provisions* In a long-awaited decision, a closely divided Supreme Court ruled in favor of American Express (“Amex”), ending a highly publicized government challenge that has spanned nearly a decade. Writing for (...)

The Higher Regional Court of Hamburg, applying Coty, finds that a ban on selling products through online sales platforms can be justified if its objective is to preserve product image and ensure personal consultation with customers (Aloe2Go)
McDermott Will & Emery (Brussels)
Belgium 35 contributions 2926 visits
,
McDermott Will & Emery (Paris)
France 106 contributions 29666 visits
,
McDermott Will & Emery (Brussels)
Belgium 35 contributions 2920 visits
The Higher Regional Court of Hamburg had the opportunity to establish a position regarding potential restrictions of competition in selective distribution arising out of bans on selling products through eBay and similar platforms. The Higher Regional Court referred to recent case law of the (...)

The Turkish Competition Board decides not to open an investigation against a company active in online sales of flowers, edible flowers and gifts following allegations of predatory pricing (Çiçek Sepeti)
ELIG Gürkaynak Attorneys-at-Law
Turkey 8 contributions 1471 visits
,
ELIG Gürkaynak Attorneys-at-Law
Turkey 58 contributions 21429 visits
This case summary includes an analysis of the Turkish Competition Board’s (“Competition Board” or “Board”) Çiçek Sepeti decision (08.03.2018; 18-07/111-58). The Board reviewed the allegations put forward by Çiçek Satış A.Ş. (“Çiçek Satış”) against Çiçek Sepeti İnternet Hizmetleri A.Ş. (“Çiçek Sepeti”) (...)

The Higher Regional Court of Düsseldorf finds that sellers of high quality cosmetics cannot invoke "exhaustion of rights" under the EU Trademark Regulation if they have not presented the products in a way which avoids impairment of the brand’s reputation (Kanebo)
McDermott Will & Emery (Brussels)
Belgium 35 contributions 2926 visits
,
McDermott Will & Emery (Paris)
France 106 contributions 29666 visits
,
McDermott Will & Emery (Brussels)
Belgium 35 contributions 2920 visits
The Higher Regional Court of Düsseldorf decided that neither online nor offline sellers can invoke exhaustion of rights under Article 15(1) of the EU trademark regulation if they sell high-quality, prestigious cosmetic products without appropriate presentation to avoid impairment of reputation. (...)

The German Competition Authority allows a company to launch an online trading platform for steel products (Klöckner)
German Competition Authority (Bonn)
Germany 266 contributions 49064 visits
Klöckner allowed to launch digital platform for steel products* The Bundeskartellamt has no objections to plans by Klöckner & Co SE, Duisburg to set up the business to business online trading platform "XOM Metals" for the sale of steel products. After talks with the Bundeskartellamt, (...)

The German Federal Court of Justice confirms that the general prohibition of the use of price comparison engines by retailers is illegal (Asics)
German Competition Authority (Bonn)
Germany 266 contributions 49064 visits
ASICS dealers allowed to use price comparison engines - Federal Court of Justice confirms Bundeskartellamt’s decision* In its decision of 12 December, 2017, published on 19 January, 2018, the Federal Court of Justice decided that ASICS may not forbid its dealers from using price comparison (...)

The EU Court of Justice holds that suppliers of luxury goods may under certain conditions restrict authorised retailers in a selective distribution system not to sell their goods via third-party online platforms to preserve their products’ ‘luxury image’ (Coty Germany)
Hogan Lovells (Munich)
Germany 17 contributions 8111 visits
,
European University Viadrina Frankfurt (Oder)
Germany 2 contributions 1540 visits
I. Introduction On 6 December 2017, the European Court of Justice (ECJ) handed down its long-awaited judgment on the permissibility of restrictions by suppliers of luxury goods to sell their products via third-party online platforms under Article 101 (1) TFEU. The question has been subject to (...)

The EU Court of Justice hands down an anticipated judgment on the possibility to restrict the selling on third party online platforms outside of the selective distribution network in the luxury goods sector (Coty)
Van Bael & Bellis (Brussels)
Belgium 134 contributions 37393 visits
On 6 December 2017, the Court of Justice of the European Union (the ECJ or the Court) handed down its eagerly anticipated judgment in Coty (C-230/16). In general, the ECJ closely follows the opinion of Advocate General Wahl (AG Wahl), published on 26 July 2016, in essentially holding that: the (...)

The EU Court of Justice rules in favour of restrictions on the use of platforms in a selective distribution system (Coty)
Gibson Dunn (Brussels)
Belgique 10 contributions 6871 visites
,
Gibson Dunn (Brussels)
Belgium 2 contributions 537 visits
,
Gibson Dunn (Brussels)
Belgium 2 contributions 537 visits
This article considers how much the Coty Ruling has shed light on the extent to which a manufacturer can restrict the sales of its products over online platforms, especially in the wake of the recent German Case involving ASICS and basic principles developed at EU level to assess obligations (...)

The German Competition Authority launches a sector inquiry into online price comparison websites
German Competition Authority (Bonn)
Germany 266 contributions 49064 visits
Bundeskartellamt launches sector inquiry into comparison websites* The Bundeskartellamt has launched a sector inquiry into "online price comparison websites". Andreas Mundt, President of the Bundeskartellamt: "Every day millions of consumers gather information by using price comparison (...)

The French Supreme Court refers a case on online platform sales ban back to the Paris Court of Appeal without waiting for an upcoming ruling of the EU Court of Justice on a similar case (Caudalie / eNova)
Van Bael & Bellis (Brussels)
Belgium 134 contributions 37393 visits
On 13 September 2017, the French Supreme Court ordered the Paris Court of Appeal to rehear a case for failing to sufficiently substantiate its finding that an obligation in Caudalie’s selective distribution system constituted a probable restriction of competition by object. In the selective (...)

The Turkish Competition Board publishes its reasoned decision on the preliminary investigation on the allegations that a white goods manufacturer restricted online sales of its dealers (BSH)
ELIG Gürkaynak Attorneys-at-Law
Turkey 58 contributions 21429 visits
,
ELIG Gürkaynak Attorneys-at-Law
Turkey 8 contributions 1471 visits
This case summary includes an analysis of the Turkish Competition Board’s (“Board”) BSH decision (22.08.2017; 17-27/454-195). The Board reviewed the allegations put forward by Ersan Pazarlama Tic. Ltd. Şti. (“Ersan Pazarlama”) against BSH Ev Aletleri Sanayi ve Ticaret A.Ş. (“BSH”). The Board assessed (...)

The US District Court for the Southern District of Texas files an information due to conspiracy to fix the prices in the silicone wristbands and lanyards sector (Zaappaaz)
McDermott Will & Emery (Washington)
United States 19 contributions 1054 visits
,
McDermott Will & Emery (Brussels)
Belgium 15 contributions 1246 visits
,
McDermott Will & Emery (Düsseldorf)
Germany 8 contributions 104 visits
…
Azim Makanojiya founded Zaappaaz Inc. as a nineteen-year-old university student and quickly turned it into a multi-million dollar business. WHAT HAPPENED: On Tuesday, August 7, online retailer Zaappaaz Inc. and its twenty-nine-year-old president and founder, Azim Makanojiya, agreed to plead (...)

The EU Advocate General Wahl holds that suppliers of luxury goods may prohibit their authorized retailers from selling their goods via third-party internet platforms (Coty)
McDermott Will & Emery (Brussels)
Belgium 2 contributions 85 visits
Advocate General Wahl Delivers Opinion on Legality of Bans on Online Sales via Third-Party Platforms in Selective Distribution Systems* According to Advocate General Nils Wahl’s opinion, delivered on July 26, in the Court of Justice of the European Union’s (CJEU) case Coty Germany GmbH v (...)

The Italian Competition Authority opens a market investigation on Big Data
Shearman & Sterling (Rome)
Italy 14 contributions 38739 visits
Introduction The Italian Competition Authority, together with the national regulators for communications and data protection, opened a joint market investigation on Big Data. The investigation appears to be wide-ranging, covering not only competition issues, but data protection, consumer (...)

The EU Commission publishes final e-commerce sector inquiry report
Van Bael & Bellis (Brussels)
Belgium 134 contributions 37393 visits
On 10 May 2017, the European Commission (“Commission”) published its final Report on the e-commerce sector inquiry (“the Report”), aimed at identifying business practices in the sector that might restrict competition and limit consumer choice. The Report consists of two documents: (i) a 16-page (...)

The EU Commission accepts commitments to remove most favoured nation clauses from e-book distribution agreements (Amazon)
Van Bael & Bellis (Brussels)
Belgium 134 contributions 37393 visits
On 4 May 2017, the European Commission (“Commission”) announced that it had accepted, pursuant to Article 9 of Regulation (EC) No.1/2003, to make binding commitments that Amazon offered ending the use of parity clauses in distribution agreements with electronic book (“e-book”) publishers. These (...)

The Düsseldorf Higher Regional Court confirms that the general prohibition of the use of price comparison engines by retailers violates competition law (Asics)
German Competition Authority (Bonn)
Germany 266 contributions 49064 visits
Düsseldorf Higher Regional Court confirms Bundeskartellamt’s decision on prohibition of use of price comparison engines* Yesterday the Düsseldorf Higher Regional Court confirmed the Bundeskartellamt’s decision of principle against the running shoes manufacturer Asics. According to the decision the (...)

The Düsseldorf Court of Appeal confirms a decision of the German Competition Authority against all prohibitions or restrictions imposed in relation to online sales made by traditional distributors (ASICS)
Gibson Dunn (Brussels)
Belgique 10 contributions 6871 visites
,
Gibson Dunn (Brussels)
Belgium 2 contributions 537 visits
,
Gibson Dunn (Brussels)
Belgium 2 contributions 537 visits
This article considers how much the Coty Ruling has shed light on the extent to which a manufacturer can restrict the sales of its products over online platforms, especially in the wake of the recent German Case involving ASICS and basic principles developed at EU level to assess obligations (...)

The UK Competition Authority publishes preliminary findings on price comparison websites
Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 17 contributions 16545 visits
,
Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 5 contributions 1486 visits
,
Latham & Watkins (London)
United Kingdom 7 contributions 7215 visits
In September 2016, the Competition and Markets Authority (“CMA”) launched a Market Study into digital comparison tools (“DCTs”). On March 28, 2017, the CMA published an update on the Market Study setting out its preliminary findings and areas of focus for the second part of the Market Study. The (...)

The Madrid Commercial Court dismisses a lawsuit for unfair competition stating that a platform that focuses exclusively on private transport is not subject to transportation regulations (Confebus / Blablacar)
Callol, Coca & Asociados (Madrid)
Spain 49 contributions 31825 visits
A First Instance Commercial Court dismisses the lawsuit filed against Blablacar for unfair competition stating that Blablacar is a platform that focuses exclusively on private transport and is therefore not subject to transportation regulations (Judgement of the Commercial Court of 2 February (...)

The Turkish Competition Board concludes its investigation against an online booking platform (Booking.com)
Erdem & Erdem (Istanbul)
Turkey 63 contributions 68886 visits
Introduction The Competition Board (“Board”) concluded its investigation with regard to the booking services provided by Booking.com B.V. (“Booking.com”) and by Bookingdotcom Destek Hizmetleri Limited Liability Company. During its investigation, the Board has evaluated whether Articles 4 and 6 of (...)

The EFTA Surveillance Authority investigates members of the Norwegian banking sector for suspected breaches of competition rules (DNB / Nordea / Finance Norway / BankID)
European Commission (Brussels)
Belgium 725 contributions 187425 visits
ESA investigates DNB, Nordea, Finance Norway and BankID* The EFTA Surveillance Authority (ESA) has opened proceedings against DNB, Nordea, Finance Norway and BankID for suspected breaches of the competition rules in the EEA Agreement. Bits, a related organisation to Finance Norway, will also (...)

The US Court of Appeals for the Seventh Circuit considers potential discrimination between taxis and transportation network providers (Illinois Transport Association / City of Chicago)
Office of Competition and Consumer Protection (Warsaw)
Poland 7 contributions 2129 visits
Sharing and traditional economy: matter of substitutability ... between cats and dogs?* Sharing economy firms are disrupting traditional industries across the globe. As Tom Goodwin once put it: “Uber, the world’s largest taxi company, owns no vehicles. Facebook, the world’s most popular media (...)

The Dutch Competition Authority launches a market inquiry into online platforms
Netherlands Authority for Consumers & Markets (The Hague)
Netherlands 92 contributions 10746 visits
Taking a closer look at online video platforms* The Netherlands Authority for Consumers and Markets (ACM) has launched a market study into online platforms that offer videos and movies. Think of YouTube and Facebook, but also Dutch platforms such as NL-ziet and Dumpert. "We will be taking a (...)

The EU Commission publishes the initial findings of its e-commerce sector inquiry
Latham & Watkins (Brussels)
Belgium 14 contributions 4109 visits
,
Hogan Lovells (Brussels)
Belgium 6 contributions 3402 visits
European Commission’s e-commerce sector inquiry - increasing anti-trust heat* Online sales are not only attracting the attention of consumers and tech businesses, but also increased review by antitrust regulators. On 15 September 2016, the European Commission published a detailed 290 page (...)

The EU Commission publishes initial findings of e-commerce sector inquiry report
Bydgoszcz University of Technology and Life Sciences (UOKIK)
Poland 2 contributions 4002 visits
On 15 September 2016, the European Commission published a preliminary report on its initial findings in the e-commerce sector inquiry, aimed at identifying business practices in the sector that might restrict competition and limit consumer choice. This development follows the Commission’s report (...)

The Frankfurt Court of Appeals submits preliminary reference on how to treat bans on sales via third-party internet platforms in selective distribution systems (Coty)
Sheppard, Mullin, Richter & Hampton LLP (Brussels)
Belgium 1 contribution 290 visits
European Court of Justice to Rule on Legality of Online Sales Bans*An appeal court in Frankfurt has asked the European Court of Justiceto clarify the application of the competition rules to online sales. The Frankfurt court made its request in the context of a dispute between a leader in beauty (...)

The German Competition Authority declares certain online banking rules violate European and German competition law (Deutsche Kreditwirtschaft)
European Commission (Brussels)
Belgium 725 contributions 187425 visits
Restriction of online payment services by German banking industry in violation of competition law* The Bundeskartellamt has declared certain rules in the online banking conditions of the German Banking Industry Committee (Deutsche Kreditwirtschaft) as illegal. The authority holds the view that (...)

The UK Competition Authority issues a statement of objection to a golf equipment manufacturer by banning the sale of its golf clubs online (Ping)
McDermott Will & Emery (Paris)
France 106 contributions 29666 visits
ONLINE SALES RESTRICTIONS REMAIN A HOT TOPIC: UK CMA ISSUES STATEMENT OF OBJECTIONS* On 9 June 2016, the UK’s Competition and Markets Authority (CMA) issued a statement of objections (SO) to Ping Europe Limited (Ping), a golf equipment manufacturer, alleging that Ping had breached EU and UK (...)

The Polish Competition Authority publishes a position paper in which it expressed its opinion on the undertakings operations on the Polish market for transportation services (Uber)
McDermott Will & Emery (Brussels)
Belgium 16 contributions 3340 visits
POLISH COMPETITION AUTHORITY SUPPORTS UBER* On 5 May 2016, the Polish Office of Competition and Consumer Protection (UOKiK) published a position paper in which it expressed its opinion on Uber’s operations on the Polish market for transportation services. UOKiK has been monitoring and (...)

The Frankfurt Court of Appeals refers the question of how to treat bans on sales via third-party internet platforms to the EU Court of Justice (Coty)
US Federal Trade Commission (FTC)
United States 3 contributions 1704 visits
The question of how to treat bans on sales via third-party internet platforms in selective distribution systems and the impact of the Court of Justice’s Pierre Fabre ruling (see judgment of October 13, 2011, case C-439/09) have been on the agenda in Germany for some time. Recently, the Frankfurt (...)

The Frankfurt Court of Appeals submits preliminary reference on how to treat bans on sales via third-party internet platforms in selective distribution systems (Coty)
Heinz & Zagrosek (Köln)
Germany 21 contributions 9410 visits
Ban on sales via third-party internet platforms in Germany and Pierre Fabre – recent referral to the Court of Justice* The question of how to treat bans on sales via third-party internet platforms in selective distribution systems and the impact of the Court of Justice’s Pierre Fabre ruling (see (...)

The Swedish Competition Authority closes investigation into the online platform market for food delivery after the dominant firm voluntarily modifies its contractual terms (OnlinePizza)
European Commission (Brussels)
Belgium 725 contributions 187425 visits
The Swedish Competition Authority closes investigation into the Online platform market for food delivery after OnlinePizza voluntary changed its contractual terms* OnlinePizza Norden AB (OnlinePizza) is the leading online platform for food delivery in Sweden with about 1,200 affiliated (...)

The German Competition Authority welcomes the fact that car retailers can cooperate with intermediaries for new cars (Ford)
German Competition Authority (Bonn)
Germany 266 contributions 49064 visits
Car retailers can cooperate with intermediaries for new cars. Restrictions imposed by manufacturers lifted following Bundeskartellamt proceedings.* In the spring of this year the Bundeskartellamt initiated proceedings against the automobile manufacturers Ford, Opel and PSA Peugeot Citroën for (...)

The OECD holds a roundtable on competition and cross platform parity agreements
OECD - Competition Division
266 contributions 548624 visits
Executive summary, by the Secretariat * From the discussion at the hearing, the delegates’ and experts’ written submissions, several key points have emerged: 1. There is increasing concern at online platforms using across platform parity agreements (APPAs) that prevent producers from setting (...)

The Hellenic Competition Authority decides to not launch investigation in hotel market (Booking.com / Expedia)
Hellenic Competition Authority (Athens)
Greece 37 contributions 7112 visits
HCC decides not to proceed with a formal investigation into BOOKING & EXPEDIA’s cooperation agreements with hotel businesses in Greece * The Hellenic Competition Commission (HCC) reviewed the revised parity terms in the agreements between online travel agencies (OTAs) BOOKING.COM and (...)

The UK Competition Authority closes its hotel online booking investigation (Booking.com)
British Competition Authority - CMA (London)
United Kingdom 83 contributions 16324 visits
CMA closes hotel online booking investigation* The CMA today announced that it has closed an investigation into suspected breaches of competition law in the hotel online booking sector. The investigation was launched by the Competition and Markets Authority’s (CMA) predecessor, the Office of (...)

The German Competition Authority condemns a manufacturer of running shoes for restricting the online sales activities of small and medium-sized authorised dealers (Asics)
German Competition Authority (Bonn)
Germany 266 contributions 49064 visits
Unlawful restriction of online sales of ASICS running shoes* The Bundeskartellamt has concluded its proceeding on anti-competitive clauses in the distribution system of ASICS Deutschland. The authority accuses ASICS of having restricted the online sales activities of small and medium-sized (...)

The EU Court of Justice Advocate General Szpunar issues opinion on circumstances where the use of an online booking system by travel agents may amount to a concerted practice (Eturas)
Ashurst (Milan)
United States 94 contributions 19804 visits
EU Court of Justice’s Advocate General issues opinion on circumstances where the use of an online booking system by travel agents may amount to a concerted practice* On 16 July 2015 Advocate General Szupnar handed down his opinion following a request for a preliminary ruling by the Court of (...)

The EU Competition Authorities adopt decisions on Most Favoured Nation clauses and rebate schemes that are relevant and applicable in the context of ASEAN competition law (Booking.com / Post Danmark)
Rajah & Tann (Singapore)
Singapore 6 contributions 3269 visits
,
Rajah & Tann (Singapore)
Singapore 8 contributions 3268 visits
,
McCarter & English (Washington)
United States 1 contribution 440 visits
…
Introduction As we move into the second half of the year, we examine two recent competition enforcement cases in Europe, and consider their relevance and applicability in the context of ASEAN competition law. Specifically, we discuss the position taken in Europe with regards to Most Favoured (...)

The Italian Competition Authority issues a commitment decision and closes an investigation regarding contracts concluded between online booking websites and their partner hotels (Online Hotel Reservation)
Desogus Law Office (Cagliari)
Italy 131 contributions 113402 visits
By a commitment decision made on 21 April 2015 in the Mercato dei Servizi Turistici-Prenotazione Alberghiere Online case (thereinfter Online Hotel Reservation) the Italian Competition Authority (ICA) has closed an Article 101 TFEU investigation against Booking. The ICA has launched the (...)

The Düsseldorf Higher Regional Court upholds the decision of the Bundeskartellamt prohibiting the application of the "best price clause" in the online hotel booking sector (HRS / Expedia / Booking.com)
German Competition Authority (Bonn)
Germany 266 contributions 49064 visits
HRS’s ‘best price’ clauses violate German and European competition law - Düsseldorf Higher Regional Court confirms Bundeskartellamt’s prohibition decision* Today the Düsseldorf Higher Regional Court rejected HRS’s appeal against the Bundeskartellamt’s decision of 20 December 2013. In its decision the (...)

The Competition Commission of India initiates an investigation in relation to resale price maintenance in the e-commerce sector (Snapdeal)
Sarvada Legal (New Delhi)
2 contributions 281 visits
The CCI has in 2014 initiated two investigations into the alleged imposition of minimum resale price maintenance (RPM). The first one was against Hyundai Motor India Ltd (‘Hyundai Case’) and I had written on the legal standard adopted by the Competition Commission of India to initiate (...)

The French, Swedish, and Italian competition authorities investigate "parity clauses" in the online hotel booking market (Booking.com)
European Commission (Brussels)
Belgium 725 contributions 187425 visits
Launch of Simultaneous Market Tests in Investigations in Online Hotel Booking Sector* On 15 December 2014, the French, Swedish and Italian competition authorities launched market tests of commitments proposed by Booking.com in antitrust investigations in the online hotel booking sector. (...)

The UK Competition Authority reopens a previously closed OFT hotel online booking investigation (Booking.com)
DLA Piper (London)
United Kingdom 25 contributions 16900 visits
Executive Summary: After initially accepting commitments in the hotel online booking investigation, the Office of Fair Trading’s (OFT) decision was quashed by the Competition Appeal Tribunal (CAT). The case was referred back to the Competition and Markets Authority (CMA), who has now re-opened (...)

The US District Court for the Northern District of Texas dismisses with prejudice a class action’s plaintiffs that have not overcome the pleading deficiencies following the first judicial review of their pleadings (OTC Hotel Booking)
Ashurst (Milan)
United States 94 contributions 19804 visits
U.S. District Court for the Northern District of Texas dismissed Second Consolidated Amended Complaint against hotel chains and online travel agencies* On 28 October 2014 the U.S. District Court of the Northern District of Texas dismissed with prejudice a class action against hotel chains and (...)

The UK Competition Appeal Tribunal quashes an OFT decision to accept commitments for failing to inform itself about the possible impact on price transparency of an obvious and clear restriction on disclosure of price information in the online booking sector (Skyscanner)
Ashurst (Milan)
United States 94 contributions 19804 visits
UK Court quashes decision accepting the commitments by OTAs and hotel chain in the online booking sector* Last 26 September, following an appeal by meta-search site Skyscanner, the UK Competition Appeal Tribunal (“CAT”) quashed the decision of the Office of Fair Trading (the “OFT”) to accept (...)

The EU Court of Justice clarifies the object-effect dichotomy and deals with two-sided markets (Groupement des Cartes Bancaires / MasterCard)
University of Groningen
Netherlands 7 contributions 3274 visits
It Takes Two to Tango: Two-Sided Markets and the Appeals in Cartes Bancaires and MasterCard* The Court has recently decided on the appeals in two seminal cases: MasterCard MIF (MasterCard) and Groupement des Cartes Bancaires (CB). Both cases result from Commission decisions that found Article (...)

The German Competition Authority closes proceedings against a sports shoe company after it amends its conditions for online sales in such a way that they comply with competition law (Adidas)
German Competition Authority (Bonn)
Germany 266 contributions 49064 visits
Adidas abandons ban on sales via online market places* The Bundeskartellamt has closed its proceedings against adidas AG (adidas) after the company amended its conditions for online sales in such a way that they comply with competition law. Adidas operates a selective distribution system (...)

A US District Court receives notification that both the class plaintiffs, state plaintiffs and the defendants have reached an agreement concerning the lawsuit in the e-books price fixing case (Apple)
DLA Piper Weiss-Tessbach (Vienna)
Austria 26 contributions 5541 visits
Apple settles with U.S. states and consumers in the e-books price fixing case* According to documents filed in a New York court on 16 June 2014, Apple has reached an agreement in principle with state governments and consumers who filed a class-action lawsuit in the e-books price fixing case (...)

The Italian Competition Authority launches an investigation for alleged vertical agreements entered into with their partner hotels in violation of Article 101(1) TFEU (Booking.com / Expedia)
NCTM - Studio Legale Associato (Milan)
Italy 4 contributions 1620 visits
On 7 May 2014, the Italian Competition Authority (Autorità Garante della Concorrenza e del Mercato, the “Authority”) launched an investigation against Booking.com BV (hereinafter, “Booking”), Booking.com (Italia) S.r.l., Expedia Inc. (hereinafter, “Expedia”), and Expedia Italy S.r.l. for alleged (...)

The U.S. District Court of Dallas dismisses antitrust claims because plaintiffs did not plausibly state an agreement on the market for direct online sale of hotel room reservations leaving the question of potential anticompetitive effect of the most favored nation (MFN) clause without an answer (OTC / Hotel Booking)
Bona Law (Detroit)
United States 11 contributions 1851 visits
OTA Case Turns Out to Be Less about MFNs and More about Agreement* Back in September 2012, the potential anticompetitive aspects of most favored nation (MFN) clauses was the hot antitrust topic. While antitrust counselors (and courts) had found the clauses to be innocuous almost all the time, (...)

The U.S. District Court of Dallas dismisses a class action lawsuit filed by an online travel discount company against 12 dominant hotel chains and 9 online travel agencies alledging unfair exclusion from the market (OTC / Hotel Booking)
Ashurst (Milan)
United States 94 contributions 19804 visits
U.S. District Judge in Texas dismisses class action lawsuit against conspiracy by online travel agencies and hotels to fix the price of hotel rooms* On 18 February 2014, U.S. District Judge Jane Boyle of the Northern District of Texas Dallas Division dismissed a class action lawsuit that (...)

The UK Competition Authority accepts commitments from online travel agents which permit them to offer hotel discounts (Booking.com / Expedia / IHG)
European Commission (Brussels)
Belgium 725 contributions 187425 visits
United Kingdom: OFT clears Way for Discounts on Hotel Rooms* On 31 January 2014, the Office of Fair Trading (OFT) accepted formal commitments from two of the UK’s largest online travel agents, Booking.com B.V. (Booking.com) and Expedia Inc (Expedia), together with InterContinental Hotels (...)

The UK Competition Authority accepts commitments from online travel agents enabling them and hotels to offer discounts on rates for hotel rooms (Booking.com)
Ashurst (Milan)
United States 94 contributions 19804 visits
UK Office of Fair Trading closes investigation into hotel online booking practices On 31 January 2014, the UK Office of Fair Trading (“OFT”) accepted the commitments from online travel agents, Booking.com B.V. (“Booking.com”, and its ultimate parent company priceline.com Incorporated) and Expedia (...)

The UK Competition Authority opens a consultation on the revised commitments proposed by online travel agencies in relation to rebates (Booking.com / Expedia)
Ashurst (Milan)
United States 94 contributions 19804 visits
UK OFT weighs revised commitments in the online hotel accommodation bookings* On 20 December 2013, the United Kingdom’s Office of Fair Trading (“OFT”) opened a consultation on the revised commitments proposed by Booking.com B.V. (“Booking.com”), Expedia Inc (“Expedia”) and InterContinental Hotels (...)

The German Competition Authority issues a press release concerning its decision to prohibit a hotel booking portal from continuing to apply its “best price” clause (HRS / Expedia / Booking.com)
Ashurst (Milan)
United States 94 contributions 19804 visits
German Federal Cartel Office bans use of MFN clauses by HRS and opens new proceedings against Booking.com and Expedia* On 20 December 2013, Germany’s Federal Cartel Office (“FCO”) issued a press release concerning its decision to prohibit the hotel booking portal HRS from continuing to apply its (...)

The German Competition Authority forbids the application of a most favoured nation clause and orders its removal from the contracts between hotels and booking portals (HRS / Expedia / Booking.com)
German Competition Authority (Bonn)
Germany 266 contributions 49064 visits
Online hotel portal HRS’s ’best price’ clause violates competition law – Proceedings also initiated against other hotel portals* Bonn, 20 December 2013: Today the Bundeskartellamt prohibited HRS from continuing to apply its ’best price’ clause (most favoured nation clause) and ordered the company to (...)

The ECN Working Group on Competition Law gathers in Bonn to discuss matters related to vertical restraints in the internet economy
German Competition Authority (Bonn)
Germany 266 contributions 49064 visits
Vertical Restraints in the Internet Economy - Meeting of the Working Group on Competition Law in Bonn* Bonn, 14 October 2013: On 10 October 2013 the Working Group on Competition Law met in Bonn at the invitation of the Bundeskartellamt. At this year’s meeting more than 100 competition law (...)

The UK Competition Authority issues draft commitments in an investigation into the sector for hotel online booking (IHG / Expedia / Booking.com)
Accenture (Dublin)
United Kingdom 2 contributions 862 visits
Hotel Online Booking: The OFT announces its intention to accept binding commitments* On 9 August 2013, the OFT issued draft commitments in the Hotel Online Booking investigation. The OFT has investigated the relevant markets for over 2 years and has provisionally found that certain hotels (...)

The German Competition Authority continues to view the best price clause used by a hotel booking portal in a critical manner (HRS)
German Competition Authority (Bonn)
Germany 266 contributions 49064 visits
Bundeskartellamt continues to view HRS’s best price clause critically* The Bundeskartellamt has confirmed its competition concerns about the best price clause used by the hotel booking portal HRS. After examining the statements of HRS and all other relevant market participants, the (...)

The UK OFT issues statement of objections against two online travel agents and one hotels group for alleged restrictive practices (Booking.com / Expedia / Intercontinental Hotels)
European Commission (Brussels)
Belgium 725 contributions 187425 visits
United Kingdom: The Office of Fair Trading issues Statement of Objections against Booking.com, Expedia and Intercontinental Hotels Group* On 31 July 2012, the Office of Fair Trading (OFT) issued a Statement of Objections alleging that Booking. com B.V. (Booking.com), Expedia Inc (Expedia) and (...)

The Lithuanian Competition Authority fines tour operators and travel agents for concerted practices relating to the online sale of package tours (Eturas)
European Commission (Brussels)
Belgium 725 contributions 187425 visits
Lithuania: The Competition Council imposes Fine of more than € 1 500 000 for Anti-competitive Practice relating to Online Sale of Package Tours* On 7 June 2012, the Competition Council of the Republic of Lithuania (the CC) adopted a decision in which 30 tour operators/travel agents were fined (...)

The Paris Court of Appeal rejects appeals by companies in the online travel sales sector found to have engaged in vertical practices and abuse of dominance under both EU and national provisions (SNCF / Expedia)
Novartis (Rueil-Malmaison)
France 4 contributions 3291 visits
BACKGROUND The Paris Court of Appeals (hereafter “the Court”) confirms a decision by the French Competition Council (hereafter “the Council”) which fined SNCF and Expedia, Inc. (hereafter “Expedia”) in a decision No. 09-D-06 of 5 February 2009. The appeal was brought by Karavel (a travel agency, (...)

The French Competition Authority accepts the commitments taken by 10 companies of the cosmetic industry to introduce more competition into online sale of their products (Bioderma & Rogé Cavaillès)
French Competition Authority (Paris)
France 518 contributions 163483 visits
Press Release published on the official website of the French Competition Authority. Conseil de la concurrence facilitates online sale of cosmetic products: 10 companies of the cosmetic industry committed to introduce more competition into online sale of their products.* The Conseil de la (...)

The OECD holds roundtable on competition issues in electronic commerce
OECD - Competition Division
266 contributions 548624 visits
Executive summary, by the Secretariat Electronic commerce ("e-commerce") can be defined as business occurring over networks using non-proprietary protocols established through an open standard setting process. Internet mediated e- commerce is the fastest growing part of the phenomenon and was (...)

The Spanish Competition Authority dismisses a complaint brought by an online travel agent against an airlines company for vertical abuse of dominance through vertical restraints (eDreams Odigeo / IAG)
International Airlines Group (IAG)
United Kingdom 1 contribution 95 visits
In May 2018, the Spanish Competition Authority (’CNMC’), dismissed a complaint brought by the online travel agent eDreams/Odigeo (“Odigeo”) against International Airlines Group (“IAG”), for alleged infringements of Articles 101 and 102 TFEU and its national equivalents under the Spanish Competition (...)

Unilateral Practices

 The French Competition Authority fines a research engine company for abuse of dominance in the search advertising market (Google)
French Competition Authority (Paris)
France 518 contributions 163483 visits
The Autorité de la concurrence hands down a €150M fine for abuse of a dominant position* Google has abused its dominant position in the search advertising market by adopting operating rules of its Google Ads advertising platform which are opaque and difficult to understand and by applying them (...)

The French Competition Authority fines a company for abusing its dominant position in the online search advertising market (Google)
Van Bael & Bellis (Brussels)
Belgium 183 contributions 47430 visits
On 20 December 2019, the French Competition Authority (“FCA”) announced that it had imposed a € 150 million fine on Google for abusing its dominant position in the market for search advertising. This is the fourth antitrust fine imposed on Google by a competition authority of the EU in less than (...)

The Turkish Competition Authority imposes a daily fine on a big tech company for not complying with obligations previously imposed (Google)
ACTECON (Istanbul)
Turkey 5 contributions 1500 visits
,
ACTECON (Istanbul)
Turkey 3 contributions 877 visits
,
ACTECON (Istanbul)
Turkey 2 contributions 320 visits
Turkish Competition Authority (“TCA”) recently published its decision (“Review Decision”) reviewing the obligations that ought to be fulfilled by the economic integrity comprised of Google LLC, Google International LLC and Google Reklamcılık ve Pazarlama Ltd. Şti. (will be referred to as “Google” (...)

The Turkish Competition Authority experts impose administrative fines on undertakings in order to ensure the protection of competition (Google)
Erdem & Erdem (Istanbul)
Turkey 63 contributions 68886 visits
Introduction The Law on Protection of Competition (“Law No. 4054”) outlines the Competition Board’s (“Board”) and the Competition Authority’s experts’ powers while implementing their duties to ensure the protection of competition. Accordingly, Law No. 4054 imposes several types of administrative (...)

The Competition Commission of India declares that an undertaking has not abused of its dominant position in the budget hotels market without having determined dominance (RKG / OYO)
National University of Study and Research in Law (Ranchi)
2 contributions 267 visits
CCI in its recent judgements has exhibited a wide-ranging determinant quotient while examining the status of dominant position of the market players. While it is commendable that CCI defines relevant market in every dispute incorporating the facts of the particular dispute and bases its further (...)

The Competition Commission of India rejects a complaint according to which an online booking accommodation provider abused of its dominant position (RKG / OYO)
Shardul Amarchand Mangaldas (New Delhi)
India 35 contributions 7204 visits
,
Shardul Amarchand Mangaldas (New Delhi)
India 38 contributions 8774 visits
,
Shardul Amarchand Mangaldas (New Delhi)
India 38 contributions 7806 visits
…
In a case with important implications for the budget hotel sector, the CCI rejected at prima facie stage a complaint by RKG Hospitality, a hotelier, that Oravel Stays (OYO), which provides budget accommodation through online booking, had abused its dominant position by imposing one-sided, (...)

The German Competition Authority obtains amendments of seller rules active on a major online marketplace (Amazon)
German Competition Authority (Bonn)
Germany 266 contributions 49064 visits
Bundeskartellamt obtains far-reaching improvements in the terms of business for sellers on Amazon’s online marketplaces* In response to the competition concerns expressed by the Bundeskartellamt, Amazon is amending its terms of business for sellers on Amazon’s online marketplaces. Andreas (...)

The German Competition Authority ends an abuse probe after an online market place agrees to changing business terms for dealers (Amazon)
Heinz & Zagrosek (Köln)
Germany 21 contributions 9410 visits
Bundeskartellamt ends abuse probe after Amazon agrees to changing business terms for dealers* On July 17, 2019, the German Bundeskartellamt (Federal Cartel Office, “FCO”) terminated its dominance probe into Amazon’s business terms towards sellers on its marketplace after Amazon agreed to various (...)

The Austrian Competition Authority and the German Competition Authority close their respective abuse of dominance investigations after the company committed to changing contract terms (Amazon)
Van Bael & Bellis (Brussels)
Belgium 183 contributions 47430 visits
On 17 July 2019, the Austrian Federal Competition Authority and the German Federal Cartel Office closed their respective abuse of dominance investigations against Amazon, after Amazon committed to changing contract terms. Throughout the years 2017 and 2018, both competition authorities had (...)

The Swedish Court of Appeal confirms the dismissal of a Competition Authority action against a stock exchange company for alleged abuse of dominant position (Nasdaq)
Van Bael & Bellis (Brussels)
Belgium 183 contributions 47430 visits
On 28 June 2019, the Swedish Patent and Market Court of Appeal (the “Appeal Court”) upheld a ruling of the Swedish Patent and Market Court that rejected an action brought by the Swedish Competition Authority (Konkurrensverket or “KKV”) against Nasdaq Stockholm Aktiebolag and several affiliated (...)

The Brazilian Competition Authority decides to file charges against a multinational technology company due to one of its online shopping platform features (Google)
Sciences Po Paris
France 5 contributions 2108 visits
,
University of São Paulo
Brazil 2 contributions 1567 visits
GOOGLE SHOPPING IN BRAZIL: HIGHLIGHTS OF CADE’S DECISION AND TAKEAWAYS FOR DIGITAL ECONOMY ISSUES On 26 June 2019, the Brazilian Competition Authority (CADE) decided to file the competition charges raised against Google on its “Google Shopping” feature. It was not an easy decision, which is shown (...)

The Italian Competition Authority launches an investigation against a search engine company suspected to abuse of its dominant position (Google)
Italian Competition Authority (Rome)
Italy 18 contributions 3804 visits
ICA: investigation launched against Google for alleged abuse of a dominant position* In the meeting of 8 May 2019, the Italian Competition Authority decided to launch an investigation against Alphabet Inc., Google LLC and Google Italy S.r.l. (indicated together as Google) to ascertain an (...)

The Indian Competition Commission finds that a company abused of its dominant position by requiring device manufacturers wishing to pre-install apps to adhere to a compatibility standard (Google Android)
Shardul Amarchand Mangaldas (New Delhi)
India 35 contributions 7204 visits
,
Shardul Amarchand Mangaldas (New Delhi)
India 38 contributions 8774 visits
,
Shardul Amarchand Mangaldas (New Delhi)
India 38 contributions 7806 visits
…
Following a complaint made by a number of users of smartphones using the Android operating system, the CCI prima facie found that Google was dominant in the market for licensable smart mobile device operating systems in India and had abused its dominant position by requiring device (...)

The Competition Commission of India orders a probe against a multinational technology company for abusing of its dominant position (Google)
Gujarat National Law University (Gandhinagar)
2 contributions 331 visits
COMPETITION COMMISSION OF INDIA STRIKES ANOTHER BLOW TO GOOGLE FOR ABUSE OF DOMINANT POSITION* On 16th April 2019, the Competition Commission of India (CCI) ordered a probe against the multinational technology company, Google, for abusing its dominant position in clear violation of Section 4 (...)

The Dutch Competition Authority launches investigations into a big tech company for abusing its dominant position giving its applications preferential treatment (Apple App Store)
Bird & Bird (The Hague)
Netherlands 7 contributions 1514 visits
,
Bird & Bird (The Hague)
Netherlands 4 contributions 788 visits
Dutch Antitrust Authority investigates Apple: does this support Spotify’s complaint?* After Google has been fined several times for breach of (EU) competition rules the last couple of years, it might now be Apple’s turn. Last month (March 2019), Spotify filed a complaint against Apple with the (...)

The Italian Competition Authority opens an antitrust investigation against a major e-commerce company for alleged abuse of dominance (Amazon)
Desogus Law Office (Cagliari)
Italy 131 contributions 113402 visits
The Italian Competition Authority (ICA) has opened an Article 102 TFEU investigation against several undertakings belonging to the Amazon group in the FBA case. The targets of the ICA investigation are Amazon Services Europe (ASE), Amazon Europe Core (AEC), Amazon EU (AEU), Amazon Italia (...)

The Higher Regional Court of Düsseldorf upholds a decision of the Federal Cartel Office prohibiting exclusivity clauses in the event ticketing market (CTS Eventim)
Van Bael & Bellis (Brussels)
Belgium 183 contributions 47430 visits
On 3 April 2019, the Higher Regional Court of Düsseldorf (the “Court”) upheld a 2017 decision of the Federal Cartel Office (“FCO”) prohibiting exclusivity clauses in the event ticketing market. In a large number of its contracts with event organisers, ticketing service provider CTS Eventim used (...)

The EU Commission imposes a fine of € 1.49 Billions on a search engine company for abusing its dominant position by imposing restrictive clauses in contracts with third-party websites (Google AdSense)
DG COMP (Brussels)
Belgium 448 contributions 1140777 visits
Antitrust: Commission fines Google €1.49 billion for abusive practices in online advertising* The European Commission has fined Google €1.49 billion for breaching EU antitrust rules. Google has abused its market dominance by imposing a number of restrictive clauses in contracts with third-party (...)

The Austrian Federal Competition Authority initiates investigation proceedings concerning discrimination against retailers on the internet (Amazon)
Austrian Competition Authority (Vienna)
Austria 6 contributions 912 visits
After a first analysis, discussions with the European Commission (DG Competition) and the German Bundeskartellamt, the BWB has decided to initiate investigation proceedings concerning suspected infringements of Austrian and European Competition Law. The BWB will examine, whether Amazon abused (...)

The German Competition Authority finds the merging of user data from multiple sources to be both anti-competitive and in breach of the GDPR (Facebook)
Simmons & Simmons (London)
United Kingdom 2 contributions 2204 visits
In one of the first decisions to consider data protection and competition issues side by side, the German competition regulator (the Bundeskartellamt) last week found that Facebook had both abused its market power in Germany and breached EU data protection laws in the way in which it collects (...)

The German Competition Authority orders a social network company to stop collecting and matching data of its users without explicit consent as it constitutes an abuse of dominance (Facebook)
Heinz & Zagrosek (Köln)
Germany 21 contributions 9410 visits
Bundeskartellamt hits „don’t like“-button on Facebook* On February 7, 2019, Germany’s Federal Cartel Office (“FCO”) issued its long-awaited decision in the Facebook case, see press release and background paper in English here. It qualifies Facebook’s current practice of collecting and matching data (...)

The German Competition Authority holds that matching the data collected by a social network company constitutes an antitrust violation (Facebook)
International Center for Law & Economics (Portland)
United States 8 contributions 3225 visits
Doing double damage: The German competition authority’s Facebook decision manages to undermine both antitrust and data protection law* The German Bundeskartellamt (Federal Cartel Office or FCO) this week reached a decision in its nearly 3-year-old Facebook investigation. The decision appears to (...)

The German Competition Authority finds that the data gathering practices of a social network are an abuse of its dominant position, and orders amendments in its data processing policy (Facebook)
Van Bael & Bellis (Brussels)
Belgium 183 contributions 47430 visits
On 6 February 2019, the German Federal Cartel Office (“FCO”) concluded administrative proceedings concerning the data gathering practices of Facebook Inc., Facebook Ireland and Facebook Germany (together “Facebook”). The FCO found that Facebook abused its dominant position by making the private use (...)

The German Competition Authority prohibits a social network company in dominant position from combining its user data from different sources (Facebook)
German Competition Authority (Bonn)
Germany 266 contributions 49064 visits
Bundeskartellamt / Digital Economy Bundeskartellamt prohibits Facebook from combining user data from different sources* Bonn, 7 February 2019: The Bundeskartellamt has imposed on Facebook far-reaching restrictions in the processing of user data. According to Facebook’s terms and conditions (...)

The French Competition Authority orders a search engine company to review and clarify the rules of its online advertising service (Google)
Van Bael & Bellis (Brussels)
Belgium 183 contributions 47430 visits
On 31 January 2019, the French Competition Authority (the “FCA”) ordered Google to review the rules of its Google Ads service. The FCA’s Order follows a complaint by Amadeus, an operator of online enquiry services – such as “a directory that provides call or text numbers for business/ residential (...)

The German Competition Authority initiates an abuse of dominance proceeding against a major e-commerce company (Amazon)
German Competition Authority (Bonn)
Germany 266 contributions 49064 visits
Bundeskartellamt initiates abuse proceeding against Amazon* The Bundeskartellamt has today initiated an abuse proceeding against Amazon to examine its terms of business and practices towards sellers on its German marketplace amazon.de. Andreas Mundt, President of the Bundeskartellamt: “Amazon (...)

The OECD holds a roundtable on personalised pricing in the digital era
OECD - Competition Division
266 contributions 548624 visits
As data analytics and pricing algorithms become common business practice in the digital era, there are growing concerns about the possibility that companies use such tools to engage in personalised pricing, a form of price discrimination that involves charging different prices to consumers (...)

The Turkish Competition Authority holds that online sales channels exert competitive pressure in traditional sales channels in the market of sales of books (Doğan Müzik Kitap Mağazacılık ve Pazarlama)
ACTECON (Istanbul)
Turkey 10 contributions 4853 visits
Should Traditional and Online Sales Channels Constitute Separate Relevant Markets? (The TCA’s D&R Decision) On November 23, 2018, the Turkish Competition Authority (“TCA”) published its reasoned decision (“D&R Decision”) concerning the investigation conducted against Doğan Müzik Kitap (...)

The Turkish Competition Authority fines a consumer electronics company for resale price maintenance in online sales (Sony)
ACTECON (Istanbul)
Turkey 5 contributions 1500 visits
,
ACTECON (Istanbul)
Turkey 4 contributions 818 visits
,
ACTECON (Istanbul)
Turkey 3 contributions 263 visits
Turkish Competition Authority (“TCA”) published its reasoned decision which concludes the investigation that was initiated on September 7, 2017 regarding the activities of Sony Eurasia Pazarlama A.Ş. (“Sony”). The main focus of the investigation was the allegations with respect to violation of Law (...)

The Turkish Competition Board fines a consumer electronics company for resale price maintenance on online sales channels (Sony)
ELIG Gürkaynak Attorneys-at-Law
Turkey 58 contributions 21429 visits
,
ELIG Gürkaynak Attorneys-at-Law
Turkey 8 contributions 1471 visits
This case summary includes an analysis of the Turkish Competition Board’s (the “Board”) Sony decision (22.11.2018; 18-44/703-345) in which the Board evaluated the allegations concerning resale price maintenance (“RPM”) against Sony Eurasia Pazarlama A.Ş. (“Sony”) upon complaint of a former distributor (...)

The Indian Competition Authority dismisses abuse of dominance allegations in the market for online marketplace platforms because it finds no dominance in the relevant market (All India Online Vendors Association / Flipkart India)
Vaish Associates (New Delhi)
India 244 contributions 24482 visits
CCI defines online sale platform as a separate relevant market -holds neither Flipkart nor Amazon as dominant in the market for online marketplace platforms* CCI, by way of order dated 06.11.2018 has dismissed allegations against Flipkart India Private Limited (“Flipkart India”) and Flipkart (...)

The Turkish Competition Authority fines an online platform service provider for excessive pricing (Sahibinden)
Boğaziçi University (Istanbul)
Turkey 4 contributions 1646 visits
,
ACTECON (Istanbul)
Turkey 3 contributions 1203 visits
The Turkish Competition Authority (“TCA”) fined Sahibinden.com (online platform service provider) approx. EUR 1,525,801 for excessive pricing. The TCA initiated two full-fledged investigations against Sahibinden.com back in 2017. Consequently, the TCA concluded on 1 October 2018 that (...)

The Turkish Competition Board finds that an online platform services for real estate and vehicle sales abused of its dominant position through implementing excessive prices (Sahibinden)
ELIG Gürkaynak Attorneys-at-Law
Turkey 11 contributions 1880 visits
,
ELIG Gürkaynak Attorneys-at-Law
Turkey 58 contributions 21429 visits
This case note analyses the Turkish Competition Board’s (“Board”) recently published Sahibinden.com decision of October 1st, 2018 numbered 18-36/584-285 in which the Board assessed whether Sahibinden Bilgi Teknolojileri Paz. ve Tic. A.Ş. (“Sahibinden.com”) –an online platform which acts as an (...)

The Turkish Competition Authority follows the European Commission’s footsteps in the search engines’ battles (Google / Yandex)
ACTECON (Istanbul)
Turkey 10 contributions 4853 visits
The tech giant Google has been under the Turkish Competition Authority’s (“TCA”) scrutiny due to its practices in the market for licensable mobile operating systems and under the judicial review since July 2015. In September 2018, the TCA has finally released its short decision and imposed a fine (...)

The EU Commission looks into an online platform’s use of online sales data (Amazon)
International Center for Law & Economics (Portland)
United States 1 contribution 331 visits
The Amazon investigation and Europe’s "Big Tech" Crusade* The dust has barely settled on the European Commission’s record-breaking €4.3 Billion Google Android fine, but already the European Commission is gearing up for its next high-profile case. Last month, Margrethe Vestager dropped a (...)

The EU Commission fines a tech company for illegal tying in the market for third-party mobile device manufacturing (Google Android)
Economists Incorporated (Washington)
United States 2 contributions 264 visits
European Commission Fines Google for Illegal Tying* The European Commission (“EC”) recently fined Google €4.34 billion, stating that “Google has imposed illegal restrictions on Android device manufacturers and mobile network operators to cement its dominant position in general internet search.” (...)

The EU Commission fines a technology company for abuse of dominance through its smartphone operating system and platform (Google Android)
Van Bael & Bellis (Brussels)
Belgium 183 contributions 47430 visits
On 18 July 2018, the European Commission adopted a decision fining Google €4.34 billion for abusing its dominant position by allegedly engaging in various illegal practices regarding the Android mobile platform. According to its press release, the Commission found that Google holds a dominant (...)

The EU Commission fines a multinational technology company for abuse of dominant position in the smartphone operating system sector (Google Android)
Baker McKenzie (London)
United Kingdom 2 contributions 1511 visits
,
Baker McKenzie (Brussels)
Belgium 5 contributions 3453 visits
On 18 July 2018 the European Commission imposed a record fine of €4.34 billion on Google. In such an innovative and competitive industry, a decision and fine on this scale arguably sends the wrong message. This update questions whether intervention risks reducing innovation, raising prices and (...)

The EU Commission fines a multinational company prompting it to announce new licensing options and structure its business model to comply with the Commission’s decision (Google Android)
Bruegel (Brussels)
Belgium 3 contributions 3703 visits
Google has announced new licensing options and structure in its business model to comply with the Commission’s Android decision. These options came into effect on October 29, 2018. While full details over the announced chances are not yet known, in this piece we attempt to analyze the (...)

The UK Competition Authority takes enforcement action against several hotel booking sites over potential breaches of consumer protection law
Bryan Cave Leighton Paisner (London)
United Kingdom 1 contribution 83 visits
,
Bryan Cave Leighton Paisner (London)
United Kingdom 11 contributions 1538 visits
UK COMPETITION REGULATOR TAKES ENFORCEMENT ACTION AGAINST HOTEL BOOKING WEBSITES* The UK’s Competition and Markets Authority (“CMA”) announced on 28th June 2018 that it is taking enforcement action against several hotel booking sites over potential breaches of consumer protection law. The CMA has (...)

The U.S. Court of Appeals for the Third Circuit finds that the entry of ride-sharing firms into local taxi market increased rather than decreased competition (Philadelphia Taxi Association / Uber)
Economists Incorporated (Washington)
United States 1 contribution 53 visits
Third Circuit Rules in Uber’s Favor over Philadelphia Taxi Association* In a recent decision, the Third Circuit upheld a November 2016 district court decision to dismiss a complaint by the Philadelphia Taxi Association and 80 taxi companies, finding that there was no violation of antitrust (...)

The Indian Competition Authority fines a global tech company for abuse of dominance in the market for online search and related advertising services (Matrimony.com / Consumer Unity & Trust Society / Google)
Vaish Associates (New Delhi)
India 244 contributions 24482 visits
CCI imposes penalty of INR 136 Crores on Google for abuse of dominant position* The Indian anti-trust regulator, the Competition Commission of India (“CCI/ Commission”) seems to have let Google off with just a rap on the knuckles. CCI vide order dated February 8, 2018 has imposed a penalty of (...)

The Indian Competition Commission fines a company for search bias in the search engine market (Google)
Indian Competition Commission (New delhi)
India 2 contributions 122 visits
The Competition Commission of India (CCI) has found Google to have abused its dominant position in online general web search and web search advertising services in India. The order was passed in response to informations filed by Matrimony.com Limited and Consumer Unity & Trust Society (...)

The Competition Commission of India fines a company for search bias and exclusive agreements (Google)
Gujarat National Law University (Gandhinagar)
2 contributions 331 visits
,
Gujarat National Law University (Gandhinagar)
2 contributions 834 visits
On 8th February 2018, the Competition Commission of India (CCI) imposed a fine of INR 135.86 Crores (approximately $ 1.36 Billion) on Google, for abusing its dominant position striking the mandate of Section 4 of the (Indian) Competition Act, 2002 (‘Act’). The comment herein highlights the (...)

The Romanian Competition Authority opens a procedure against a company suspected of abuse of dominance in the mediation services market through online platforms (Dante International)
Romanian Competition Council (Bucharest)
Romania 40 contributions 8199 visits
The Competition Council analyses a possible abuse of dominant position of Dante International SA* The Competition Council opened an investigation on a possible abuse of dominant position by Dante International SA on the mediation services market through online platforms in Romania. Dante (...)

The Malaysian Competition Appeal Tribunal upholds a decision of the Competition Authority in a case of abuse of dominance in the provision and management of online foreign workers permit renewals (My E.G)
Wong Partners (Baker McKenzie Kuala Lumpur)
Malaysia 1 contribution 363 visits
On 28 December 2017, the Competition Appeal Tribunal (CAT) upheld the Malaysian Competition Commission’s (MyCC) decision on 24 June 2016 that My E.G. Services Berhad (MyEG) and its wholly-owned subsidiary, My E.G Commerce Sdn. Bhd. (MyEG Commerce) have abused their dominant position in the (...)

The German Competition Authority indicates in its preliminary assessment of a possible abuse of dominance case that data collection and use from third-party sources is abusive (Facebook)
Heinz & Zagrosek (Köln)
Germany 21 contributions 9410 visits
Bundeskartellamt sends preliminary assessment to Facebook* On December 19, 2017, the Federal Cartel Office (“FCO”) published a press release on its preliminary assessment in the ongoing Facebook dominance probe, accompanied by a background paper (available in English here). The FCO considers (...)

The German Competition Authority finds by preliminary assessment that a social network company abused its dominant position by collecting and using data from third-party sources (Facebook)
German Competition Authority (Bonn)
Germany 266 contributions 49064 visits
Preliminary assessment in Facebook proceeding: Facebook’s collection and use of data from third-party sources is abusive* The Bundeskartellamt has informed the company Facebook in writing of its preliminary legal assessment in the abuse of dominance proceeding which the authority is conducting (...)

The Dutch Competition Authority, after its market study into online video platforms, finds no dominant market power among online video streaming platforms (Youtube)
Netherlands Authority for Consumers & Markets (The Hague)
Netherlands 92 contributions 10746 visits
No dominant market power among online video streaming platforms* The Netherlands Authority for Consumers and Markets (ACM) has conducted a market study into online video platforms such as YouTube, Facebook, Netflix, and Dumpert. ACM did not find any indications for anticompetitive risks on the (...)

The Indian Competition Authority dismisses allegations of abuse of dominance against a company in the market for radio taxi services and holds that high market share does not by itself constitute dominance (Fast Track Call Cab / ANI Technologies / OLA Cabs)
Vaish Associates (New Delhi)
India 244 contributions 24482 visits
CCI closes case of alleged abuse of dominance by ANI Technologies Pvt. Ltd. (OLA)* The CCI vide order dated July 19, 2017 closed the case of alleged abuse of dominant position by OLA. The complaint against OLA was filed by Fast Track Call Cab Pvt. Ltd. and Meru Travel Solutions Pvt. Ltd. (...)

The EU Commission imposes a record fine for abuse of dominance in the search engine market (Google Shopping)
Simmons & Simmons (London)
United Kingdom 19 contributions 3288 visits
,
Simmons & Simmons (London)
United Kingdom 16 contributions 5745 visits
,
Simmons & Simmons (London)
United Kingdom 12 contributions 2900 visits
Introduction On 27 June 2017, the European Commission (the Commission) imposed a record €2.42bn fine on Google after finding it had abused its dominant position in the search engine market by giving favourable treatment to its comparison shopping service in its search results. Background (...)

The Indian Competition Authority clears dominant mobile messaging service from abuse of dominance allegations (Fight for Transparency Society / WhatsApp)
Vaish Associates (New Delhi)
India 244 contributions 24482 visits
CCI closes allegation of abuse of dominance against WhatsApp* CCI vide its recent order dated June 01, 2017 has closed an allegation of abuse of dominant position against popular message service WhatsApp. The complaint against WhatsApp was filed by an individual Vinod Kumar Gupta on behalf of (...)

The Italian Competition Authority launches an inquiry into big data
Ashurst (Milan)
United States 94 contributions 19804 visits
Big Data: Italian authorities launch inquiries on competition, consumer protection and data privacy issues* On 30 May 2017, the Italian Competition Authority, the Italian Data Protection Authority and the Communications Authority opened a joint inquiry on “Big Data”. Sector Inquiry The joint (...)

The EU Commission accepts remedies proposed by an electronic commerce company in the e-books case (Amazon)
DG COMP (Brussels)
Belgium 448 contributions 1140777 visits
Antitrust: Commission accepts commitments from Amazon on e-books* The European Commission has adopted a decision that renders legally binding the commitments offered by Amazon. The commitments address the Commission’s preliminary competition concerns relating to a number of clauses in Amazon’s (...)

The French Competition Authority conducts an initial intermediary assessment of the commitments made by an online accommodation booking company (Booking.com)
French Competition Authority (Paris)
France 518 contributions 163483 visits
The Autorité de la concurrence conducts an initial intermediary assessment of the commitments made by Booking.com.* The Autorité has not ruled out the possibility of issuing an opinion at its own initiative if the change in competition so requires, and is actively contributing to all of the (...)

The EU Commission seeks feedback on commitments proposed by an electronic commerce company in e-book investigation (Amazon)
DG COMP (Brussels)
Belgium 448 contributions 1140777 visits
Antitrust: Commission seeks feedback on commitments offered by Amazon in e-book investigation* The European Commission is inviting comments on commitments offered by Amazon to address competition concerns relating to parity clauses in contracts with publishers. The clauses may breach EU (...)

The German Competition Authority closes its proceeding against companies operating on the digital audio-books market suspected to abuse of their dominance (Apple and Amazon)
German Competition Authority (Bonn)
Germany 266 contributions 49064 visits
Bundeskartellamt closes proceedings against Audible/Amazon and Apple* The Bundeskartellamt has closed its administrative proceedings against Audible.com – a subsidiary of Amazon – and Apple Computer Inc. Following a complaint by the German Publishers and Booksellers Association (Börsenverein des (...)

The Indian Competition Appellate Tribunal (COMPAT) requests an investigation into abuse of dominance by global taxi services company (Meru Travels Solutions / Uber India Systems)
Vaish Associates (New Delhi)
India 244 contributions 24482 visits
COMPAT directs investigation against Uber India for Abuse of Dominance* COMPAT by its order dated December 7, 2016, has set aside the order dated February 10, 2016 of CCI closing the information filed against Uber India Systems Private Limited (“Uber”) for alleged abuse of dominant position and (...)

The Paris Commercial Court declares void price and availability parity clauses formerly implemented by a hotel online booking company (Booking.com)
Epex Spot (Paris)
France 6 contributions 1926 visits
In a ruling issued on November 29th, 2016, the Paris commercial court (hereafter the “court”) declared void several provisions, including price and availability parity clauses previously in force, of Booking.com’s general terms of service governing its B2B relationships with hotels. Following an (...)

The Italian Competition Authority, in partnership with the EU Commission and nine other NCAs, monitors the impact of the measures undertaken in online hotel booking sector
Italian Competition Authority (Rome)
Italy 18 contributions 3803 visits
Monitoring launched in online hotel booking sector* Monitoring the impact of the new parity clauses in the contracts with online travel agencies by the Italian Competition Authority in partnership with 9 other National Competition Authorities The Italian Competition Authority (AGCM), in (...)

The Arbitration Court of Moscow confirms that a technology company has abused of its dominance on the market of pre-installed app stores (Google)
Russian Federal Antimonopoly Service (Moscow)
France 254 contributions 25103 visits
Appeal Court supported FAS in a dispute with “Google”* On 17 August 2016, the 9th Arbitration Appeal Court pronounced legitimacy and reasonableness of the decision of the Federal Antimonopoly Service (FAS Russia) on a case against “Google” abusing dominance on the market of preset application (...)

The French Competition Authority starts, in collaboration with 9 National Competition Authorities and the EU Commission, a survey among hoteliers to assess the remedies implemented in the hotel booking sector (Booking.com)
French Competition Authority (Paris)
France 518 contributions 163483 visits
Hotel booking platforms* The Autorité de la concurrence launches, in collaboration with 9 national competition authorities and the European Commission, a survey among hoteliers in order to assess the effects of the remedies implemented in Europe in the hotel booking platforms sector. (...)

The German Competition Authority issues a working paper on the market power of platforms and networks
German Competition Authority (Bonn)
Germany 266 contributions 49064 visits
Bundeskartellamt publishes working paper on "Market Power of Platforms and Networks"* The Bundeskartellamt has today published a working paper which deals with the "Market Power of Platforms and Networks" in the Internet. The report focuses on the factors relevant for assessing the market (...)

The Turkish Competition Authority fines an undertaking for abusing of its dominant position via implementing exclusionary MFC clauses in its agreements (Yemeksepeti)
ACTECON (Istanbul)
Turkey 10 contributions 4851 visits
,
ACTECON (Istanbul)
Turkey 4 contributions 784 visits
,
ACTECON (Istanbul)
Turkey 4 contributions 818 visits
With the developments in online services, our habits in everyday life has been changing rapidly. Nowadays, one can cater any of its needs via websites or simple smartphone apps instantly. And all these developments have also been reflected its effects on maybe one of our most common and (...)

The Hungarian Competition Authority pursues the monitoring of the online booking market after closing its sector inquiry
Hungarian Competition Authority (Budapest)
Hungary 46 contributions 7347 visits
The GVH continues to monitor the hotel booking market after closing its sectoral inquiry* The Hungarian Competition Authority (Gazdasági Versenyhivatal, GVH) prepared its report on its sectoral inquiry on the online accommodation booking market. Due to the positive changes that took place on (...)

The People’s Court in Shanghai Pudong New Area finds that the unauthorised use of third-party information from review website is breaching the Chinese Anti-Unfair Competition Law (Dianping.com / Hantao / Baidu)
University of Melbourne
Australie 66 contributions 9449 visites
,
University of Melbourne
Australia 103 contributions 19332 visits
,
China Competition Bulletin (Beijing)
China 101 contributions 16505 visits
…
On 26 May 2016, the People’s Court in Shanghai Pudong New Area found in favor of Hantao in the company’s unfair competition lawsuit with Baidu. Dianping.com is a website owned by Hantao that collects local merchants’ information and attracts consumers to post reviews. Baidu was found to have (...)

The German Competition Authority announces that, following its investigations, a railway company has decided to make far-reaching changes to the sale of passenger tickets (Deutsche Bahn)
German Competition Authority (Bonn)
Germany 266 contributions 49064 visits
Deutsche Bahn AG to make changes to ticket sales* Following investigations by the Bundeskartellamt, Deutsche Bahn AG has undertaken to make far-reaching changes to the sale of passenger tickets. The measures will improve the ticket sales possibilities of its competitors. In early 2014 the (...)

The German Competition Authority terminates proceedings regarding possible abuse of dominance in the market for the distribution of passenger train tickets and accepts several commitments by the incumbent train company (Deutsche Bahn)
Van Bael & Bellis (Brussels)
Belgium 183 contributions 47430 visits
By a decision of 24 May 2016, the German Federal Cartel Office (“FCO”) announced that it had terminated proceedings against Deutsche Bahn AG after having accepted several commitments. In 2014, the FCO initiated an investigation against Deutsche Bahn AG and reached the preliminary conclusion that (...)

The EU Commission sends a statement of objections to a technology company suspected of imposing restrictions on device manufacturers and mobile network operators (Google Android)
DG COMP (Brussels)
Belgium 448 contributions 1140777 visits
Antitrust: Commission sends Statement of Objections to Google on Android operating system and applications* The European Commission has informed Google of its preliminary view that the company has, in breach of EU antitrust rules, abused its dominant position by imposing restrictions on (...)

The EU Commission sends a statement of objections concerning the imposition of restrictions on smartphone manufacturers and mobile network operators (Google Android)
Van Bael & Bellis (Brussels)
Belgium 183 contributions 47430 visits
On 20 April 2016, the European Commission confirmed it issued a Statement of Objections (“SO”) to Google concerning the imposition of restrictions on Android device manufacturers and mobile network operators. The investigation was formally opened in April 2015. Google now has until July 2016 to (...)

The EU Commission sends a statement of objections to a technology company suspected of imposing restrictions on device manufacturers and mobile network operators (Google Android)
Constantine Cannon (London)
United Kingdom 10 contributions 4324 visits
,
Constantine Cannon (London)
United Kingdom 5 contributions 2351 visits
EU Commission Hits Google With Abuse Of Dominance Charges Over Android*Just as expected, following a one-year investigation and a number of information requests, the European Commission formally announced today that it is accusing Google’s parent company, Alphabet, of abusing its dominant (...)

The Indian Competition Appellate Tribunal (COMPAT) upholds the Indian Competition Authority’s decision and clarifies requirements for interim injunction (Fast Track Call Cab / ANI Technologies - OLA Cabs)
Vaish Associates (New Delhi)
India 244 contributions 24482 visits
COMPAT refuses interim relief to Fast Track Call Cabs in ongoing investigation against Ola for predatory pricing in radio taxi services in Bengaluru* COMPAT by its order dated March 9, 2016 has upheld the CCI order dated September 3, 2015 refusing to grant interim injunction against (...)

The German Competition Authority opens a proceeding against a social network company suspected to have abused of its dominance by infringing data protection rules (Facebook)
German Competition Authority (Bonn)
Germany 266 contributions 49064 visits
Bundeskartellamt initiates proceeding against Facebook on suspicion of having abused its market power by infringing data protection rules* The Bundeskartellamt has initiated a proceeding against Facebook Inc., USA, the Irish subsidiary of the company and Facebook Germany GmbH, Hamburg. The (...)

The German Competition Authority initiates proceedings against a social network company regarding a potential abuse of dominance (Facebook)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 39 contributions 16204 visits
,
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgique 38 contributions 25328 visites
,
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 20 contributions 8332 visits
The German Federal Cartel Office (the FCO) has announced that it has initiated proceedings against Facebook for the company’s alleged abuse of its dominant position in a market for social networks. The FCO appears to be taking the position that, as a firm with a possibly dominant position, (...)

The Turkish Competition Authority rejects the complaint that agreements between a major IT company and a number of OEMs on the exclusive pre-installation of mobile apps infringed competition rules (Yandex / Google)
University of Sussex (Brighton)
United Kingdom 31 contributions 9953 visits
This case note analyses the decision of the Turkish Competition Authority (TCA) in which it has rejected the complaint of a rival IT company, Yandex, that agreements of a major IT company, Google, with a number of original equipment manufacturers (OEMs) on the exclusive pre-installation of its (...)

The German Competition Authority prohibits "best price" clauses implemented by an online hotel booking company (Booking.com)
German Competition Authority (Bonn)
Germany 266 contributions 49064 visits
Narrow ’best price’ clauses of Booking also anticompetitive* Today the Bundeskartellamt prohibited Booking (Booking.com Deutschland GmbH, Berlin, and Booking.com B.V., Amsterdam) from continuing to apply its ’best price’ clauses and ordered the hotel booking portal to completely delete the clauses (...)

The Indian Competition Authority dismisses allegations of predatory pricing in the market for taxi services due to lack of dominance (Meru Travel Solutions / Uber India)
Vaish Associates (New Delhi)
India 244 contributions 24482 visits
CCI dismisses case alleging predatory pricing against Uber India* CCI on December 22, 2015 ordered prima-facie closed the case for an alleged abuse of dominance under section 4 of the Act against taxi services provider, Uber. The case was filed by Meru Travel Solutions Private Ltd. (Meru) (...)

The Indian Competition Authority dismisses allegations of abuse of dominance against state owned miner but as a concession asks the miner to review its scheme for e-auctions of coal (DB Power / Coal India)
Vaish Associates (New Delhi)
India 244 contributions 24482 visits
CCI dismisses allegations of abuse of dominant position against Coal India Ltd. (CIL) and directs CIL to examine the e-auction scheme afresh* CCI in its order dated November 17, 2015 dismissed allegations of unfair business practices against the state owned miner, CIL. In a complaint filed by (...)

The Indian Competition Authority dismisses allegations of abuse of dominance against newspaper’s online portal (Cloudwalker Streaming Technologies / Bennett / Coleman and Company)
Vaish Associates (New Delhi)
India 244 contributions 24482 visits
CCI closes case against a daily newspaper of Times Group in Mumbai* The CCI by its order dated September 29, 2015 dismissed case against a daily newspaper of Times Group Bombay Times online portal www.halfticket.tv, managed by Cloudwalker Streaming Technologies Private Limited (“Informant”) and (...)

The Irish Competition Authority publishes commitments made by an online hotel booking company (Booking.com)
Irish Competition Authority (Dublin)
Ireland 36 contributions 5387 visits
Commission secures 5-year commitments from Booking.com* Commission secures 5-year commitments from Booking.com Accommodation providers in Ireland will have increased ability to offer lower prices Consumers will have greater access to more competitive rates Tuesday, 6th October 2015: The (...)

The Russian Competition Authority finds that a smartphone operating system developer abused of its dominance on the market of pre-installed app stores (Google)
Russian Federal Antimonopoly Service (Moscow)
France 254 contributions 25103 visits
“Google” abuses its dominant position on the market of pre-installed application stores in “Android” OS* The FAS Commission arrived to that conclusion on 14th September 2015, based on investigating the case against “Google Inc, Google Ireland” Ltd., “Google” Ltd. FAS found that “Google Inc. Google (...)

The Hungarian Competition Authority fines two undertakings for creating and operating a rebate system to the detriment of their online retailers of contact lenses and care products (Alcon)
Hungarian Competition Authority (Budapest)
Hungary 46 contributions 7347 visits
The GVH stepped up against the restriction of the online distribution of contact lenses and care products* The Hungarian Competition Authority (GVH) established in its decision that by creating and operating a rebate system to the detriment of the online retailers of CIBA contact lenses and (...)

The German Competition Authority decides not to open formal proceedings against a search engine company in ancillary copyright dispute (Google)
German Competition Authority (Bonn)
Germany 266 contributions 49064 visits
Bundeskartellamt takes decision in ancillary copyright dispute* Bonn, 09 September 2015: In the dispute between the copyright collecting society VG Media and Google, the Bundeskartellamt has decided not to open formal proceedings against Google regarding its conduct in connection with the (...)

The German Federal Cartel Office condemns an athletic equipment company for restricting online sales of its small and medium-sized authorized dealers (Asics)
Ashurst (Milan)
United States 94 contributions 19804 visits
Germany’s Federal Cartel Office finds ASICS’ restrictions of online sales illegal* On 27 August 2015, the Federal Cartel Office (“FCO”) concluded its proceedings concerning certain anticompetitive restrictions in the distribution system of ASICS Deutschland (“ASICS“), and found that ASICS breached (...)

The Croatian Competition Authority opens an ex officio investigation regarding an apps sales market (Google)
Croatian Competition Agency (Zagreb)
Croatia 51 contributions 8222 visits
CCA investigation in Android apps sales market* Following some press articles claiming that the Croatian software companies were forced to open branch offices or find partners abroad because Google did not allow them to register for direct sale of their apps via the Google Play store, the (...)

The EU Commission opens an investigation on e-book’s distribution agreements concluded between several publishers and an electronic commerce company (Amazon)
DG COMP (Brussels)
Belgium 448 contributions 1140777 visits
Commission opens formal investigation into Amazon’s e-book distribution arrangements* The European Commission has opened a formal antitrust investigation into certain business practices by Amazon in the distribution of electronic books ("e-books"). The Commission will in particular investigate (...)

The Italian Competition Authority renders legally binding the commitments proposed by an online hotel booking company (Booking.com)
Italian Competition Authority (Rome)
Italy 18 contributions 3803 visits
Commitments offered by booking.com: closed the investigation in Italy, France AND Sweden* On 21 April 2015, the Italian Competition Authority has rendered legally binding the commitments offered by Priceline Group’s companies Booking.com BV and Booking.com (Italy) and closed, with respect to (...)

The French Competition Authority obtains extensive commitments from an online hotel booking company (Booking.com)
French Competition Authority (Paris)
France 518 contributions 163483 visits
Online hotel booking sector* The Autorité de la concurrence, in coordination with the European Commission and the Italian and Swedish authorities, has obtained particularly extensive commitments from Booking.com aiming to boost competition between online booking platforms and give hotels more (...)

The Swedish Competition Authority approves voluntary commitments of an online hotel booking company subject to penalty of a fine (Booking.com)
Vinge (Stockholm)
Sweden 9 contributions 929 visits
The Swedish Competition Authority decided, on 15 April 2015, to approve the voluntary commitments presented by Bookingdotcom Sverige AB and Booking.com BV (below, jointly referred to as “Booking.com”). The commitments are associated with a fine of SEK 5 million (approx. EUR 550 000) for (...)

The German Competition Authority sends a statement of objections to an online hotel booking company suspected to abuse of dominance (Booking.com)
German Competition Authority (Bonn)
Germany 266 contributions 49064 visits
Bundeskartellamt issues statement of objections regarding Booking.com’s ’best price’ clauses* Today the Bundeskartellamt has informed Booking.com Deutschland GmbH, Berlin, of its competition concerns regarding the continued use of ’best price’ clauses in its contracts with hotels in Germany. This (...)

The US District Court for the Northern District of California dismisses an antitrust claim for lack of proof of both the conduct and the injury (Google)
DLA Piper Weiss-Tessbach (Vienna)
Austria 26 contributions 5541 visits
Two recent victories for Google in the United States* On 20 February 2015 a federal judge in California dismissed an antitrust lawsuit against Google alleging that it violated antitrust laws by requiring makers of Android tablets and smartphones to designate Google as the default search engine (...)

The Swedish Market Court dismisses an abuse of dominance action because the relatively scarce market data presented was not sufficient to define the relevant market and establish dominance (Pizza24 Nordic / OnlinePizza Norden)
Vinge (Stockholm)
Sweden 10 contributions 2520 visits
Online Food For Thought* The Swedish Market Court’s judgment in Pizza24 / OnlinePizza A judgment of the Swedish Market Court from February 2015 is an unfortunate missed opportunity to grapple with interesting issues around online intermediary services. The case concerned online services for (...)

The French Competition Authority receives commitments from an online hotel booking company aiming at ending practices likely to constitute an abuse of dominance (Booking.com)
French Competition Authority (Paris)
France 518 contributions 163483 visits
Online hotel booking sector* Booking.com has proposed to the Autorité de la concurrence to remove the so-called “pricing parity clause” obliging hotels to grant it pricing conditions that are at least as favorable as those granted to the other online platforms Hotels can now place booking.com in (...)

The EU Parliament passes a resolution calling on the Commission to unbundle search engines from other commercial services (Google)
Ashurst (Milan)
United States 94 contributions 19804 visits
EU Parliament passes resolution calling on the Commission to unbundle [Google’s] search engines from other commercial services* On 27 November 2014 the European Parliament has passed a non-binding resolution, which called on the Commission to “properly enforce the EU competition rules in order (...)

The French competition authority forces the incumbent train company to open online ticket selling to competition (SNCF / voyages-sncf.com)
EDHEC (Nice)
France 11 contributions 7288 visits
French train company SNCF forced to open online ticket selling to competition Summary SNCF, which has a monopoly on rail transport in France, had to agree to let distributors other than its affiliate Voyages-Sncf.com sell its train tickets in France. Facts SNCF operates trains in France, (...)

The Italian Administrative Supreme Court reinstates a decision issued by the Competition Authority accepting commitments by the dominant satellite TV company regarding the discriminatory conditions of access to its broadcasting platform (Sky Italia)
Legance - Studio Legale Associato (Rome)
Italy 12 contributions 11900 visits
By judgement no. 4773 of 22 September 2014, the Italian Supreme Administrative Court (“Consiglio di Stato”) upheld an appeal brought by Sky Italia s.r.l. (“Sky”) and the Italian Competition Authority (Autorità Garante della Concorrenza e del Mercato, “AGCM”) and reinstated the AGCM decision no. 21316 (...)

The UK Competition and Markets Authority accepts commitments relating to platform services for automotive sector (Epyx)
European Commission (Brussels)
Belgium 725 contributions 187425 visits
United Kingdom: The Competition and Markets Authority accepts Commitments relating to Platform Services for Automotive Sector* On 9 September 2014, the Competition and Markets Authority (CMA) accepted final commitments offered by Epyx Limited (Epyx) relating to service, maintenance and repair (...)

The Italian Competition Authority initiates antitrust proceedings concerning the use of most favored nation clauses in the online hotel reservations space (Booking.com / Expedia)
Ashurst (Milan)
United States 94 contributions 19804 visits
Italian competition authority investigates online hotel bookings* On 7 May 2014, the Italian Competition Authority (“Agcm”) initiated proceedings (decision only available in Italian) against Booking.com and Expedia in the online hotel reservations space. This is yet another case in the wake of (...)

The French Competition Authority makes legally binding the commitment of the holder of a legal monopoly over horserace bets placed in physical outlets, to separate its online horserace betting activity from its point of sale network (Betclic / PMU)
Ashurst (Milan)
United States 94 contributions 19804 visits
French Competition Authority orders PMU to separate its online horserace betting activity from its physical point of sale network* On 25 February 2014, the French Competition Authority (“AdlC”) issued a decision (available only in French) making legally binding the commitment of Pari Mutuel (...)

The EU Commission obtains new proposal on commitments in the context of an ongoing antitrust investigation as regards online search and search advertising (Google)
Ashurst (Milan)
United States 94 contributions 19804 visits
Improved Google commitments (closer to) getting the thumbs up from the European Commission* On 5 February 2014, the European Commission issued a press release and a memo concerning the improved commitments proposed by Google (the commitments were made public by Google itself). At a press (...)

The German Competition Authority initiates proceedings on the suspicion of abuse of dominant position in the sale of rail passenger tickets (Deutsche Bahn)
German Competition Authority (Bonn)
Germany 266 contributions 49064 visits
Proceedings initiated against Deutsche Bahn AG Suspicion of restricting competition in ticket sales* The Bundeskartellamt has initiated proceedings against Deutsche Bahn AG on the suspicion that it has abused its dominant position in the sale of rail passenger tickets. Andreas Mundt, (...)

The OECD holds a roundtable on vertical restraints for online sales
OECD - Competition Division
266 contributions 548624 visits
Executive summary, by the Secretariat In light of the written submissions and the oral discussion, the following points emerge: (1) The developments of e-commerce have impacted the way competition works and the type of competition concerns that may arise. The literature on e-commerce has (...)

The Italian Court of Milan finds an abuse of dominant position in the market for online travel agencies (Viaggiare / Ryanair)
Ashurst (Milan)
United States 94 contributions 19804 visits
Milan Court finds that Ryanair abused its dominant position in the market for online travel agencies* On June 4, 2013, the Milan Court’s company law section handed down a ruling (only available in Italian) holding that Ryanair abused its dominant position in the downstream market for online (...)

The EU Commission seeks feedback on commitments meant to address competition concerns on the market for web search (Google)
Ashurst (Milan)
United States 94 contributions 19804 visits
European Commission market tests Google commitments in relation to online search and search advertising* On 25 April 2013 the European Commission published a press release and a memo seeking observations from third parties on the commitments offered by Google in order to address the (...)

The EU Commission carries out a market test of commitments in its investigation of online search service provider (Google)
Cleary Gottlieb Steen & Hamilton (Brussels)
Belgium 11 contributions 6770 visits
The Google Commitments – Testing Substantive Theories Through Remedy Discussion* Over the last two months, the Commission has been market testing commitments that Google has offered to resolve the Commission’s pending investigation. Many have made thoughtful comments. But there has also been (...)

The US Court of Western District of Washington awards $14.5 million of damages due to breached commitments to license certain standard-essential patents on FRAND terms (Microsoft / Motorola)
McDermott Will & Emery (Washington)
United States 9 contributions 133 visits
,
McDermott Will & Emery (Washington)
United States 13 contributions 1059 visits
In the long-running patent dispute between Microsoft and Motorola, a U.S. District Court jury in Seattle found that Motorola breached its commitment to license certain standard-essential patents on fair, reasonable and non-discriminatory (FRAND or RAND) terms. The jury awarded Microsoft (...)

The EU Commission begins market testing of commitments offered by the leading web search operator to address competition concerns (Google)
Van Bael & Bellis (Brussels)
Belgium 183 contributions 47430 visits
On 25 April 2013, the Commission issued a press release announcing that it had begun market testing commitments offered by Google in relation to online search and search advertising. In its press release, the Commission stated that it continues to have concerns that Google may be abusing (...)

The EU Commission receives a complaint alleging abuse of dominant position on the market for smartphone operating system (FairSearch / Google)
Garrigues (Brussels)
Belgium 17 contributions 7372 visits
Some thoughts on the new anti-Google (Android) complaint* Some background to the complaint Back in April the FairSearch coalition in this case only two of its members Microsoft and Nokia lodged a complaint with DG Comp alleging: (a) that by giving Android to device-makers for “free” Google (...)

The French Competition Authority rejects complaint based on allegations of abuse of dominance on the market for online advertising (E-Kanopi)
Ashurst (Milan)
United States 94 contributions 19804 visits
French Competition Authority dismisses E-Kanopi’s complaint against Google* On 4 March 2013 the French competition authority dismissed (only available in French) a complaint by E-Kanopi alleging that Google abused of its dominant position by seeking to force it out of the market in breach of (...)

The US FTC closes its investigation and approves the voluntary commitment of an Internet search engine (Google)
Skadden, Arps, Slate, Meagher & Flom (Washington DC)
United States 26 contributions 6399 visits
,
Skadden, Arps, Slate, Meagher & Flom (Palo Alto)
United States 8 contributions 2433 visits
,
Skadden, Arps, Slate, Meagher & Flom (New York)
United States 18 contributions 4270 visits
…
Thoughts On Google’s FTC Settlement On Jan. 3, 2013, the Federal Trade Commission ended its highly publicized and wide-ranging investigation into Google Inc.’s business practices with an enforcement action that has been described by some as a “slap on the wrist.” The enforcement action was limited (...)

The U.S. District Court Southern District of New York rejects a proposed settlement in the digitized book search sector (Google Books Settlement)
University of Chicago - Law School
États-Unis 3 contributions 1563 visites
Moving Forward in Google Book Search* On Tuesday, after more than a year of silence, Judge Denny Chin rejected the proposed settlement in the Google book search case. The innovative settlement asked more than Rule 23 could deliver. In his words, the settlement “would simply go too far.” Others (...)

The Paris District Court fines an online retail site for infringing a famous clothing brand’s trademark by illegally selling its branded products online (Hugo Boss / Club Privé)
EDHEC (Nice)
France 11 contributions 7288 visits
Summary CLUB PRIVE was fined for illegally selling HUGO BOSS branded clothes online. Facts In 2009, CLUB PRIVE conducted a short time selling of HUGO BOSS branded clothes on their website www.club-prive.fr. HUGO BOSS sued CLUB PRIVE on several grounds. In the first place, HUGO BOSS sued CLUB (...)

The Canadian Competition Tribunal dismisses allegations due to a refusal to deal under the amended Section 75 of the Canadian Competition Act (B-Filer / The Bank of Nova Scotia)
CRA International (Toronto)
Canada 1 contribution 88 visits
,
CRA International (Toronto)
Canada 1 contribution 88 visits
Tribunal Dismisses B-Filer’s Refusal to Deal Application* On December 20, 2006, the Competition Tribunal released its decision in B-Filer Inc. v. The Bank of Nova Scotia, the first fully contested case under the amended Section 75 of the Competition Act and the first contested case brought as a (...)

Mergers

 The Dutch Competition Authority clears a merger between two data center companies (InterXion / Digital Reality)
Netherlands Authority for Consumers & Markets (The Hague)
Netherlands 92 contributions 10745 visits
ACM clears acquisition of InterXion by Digital Realty* The acquisition of InterXion by data center Digital Realty has been cleared. Both companies commercially exploit data centers in major cities around the world, including Amsterdam. The Netherlands Authority for Consumers and Markets (ACM) (...)

The Indian Competition Authority clears an acquisition by automobile manufacturers of small shareholdings in a ride-sharing company (ANI / OLA)
Shardul Amarchand Mangaldas (New Delhi)
India 32 contributions 6640 visits
,
Shardul Amarchand Mangaldas (New Delhi)
India 35 contributions 7202 visits
,
Shardul Amarchand Mangaldas (New Delhi)
India 38 contributions 7804 visits
…
The CCI cleared the proposed acquisition by automobile manufacturers Hyundai and Kia of small shareholdings in ride-sharing company ANI Technologies (ANI/OLA) and its electrical vehicles arm, Ola Electric Mobility (OEMPL), together with strategic cooperation in various areas. The CCI (...)

The French Competition Authority clears, subject to remedies, the creation of a TV platform by three television channels (Salto)
French Competition Authority (Paris)
France 518 contributions 163483 visits
Pay Television Sector* The Autorité de la concurrence clears, subject to conditions, the creation of the Salto platform by TF1, France Télévisions and Métropole Télévision (M6) Background Following a referral decision by the European Commission, TF1, France Télévisions and Métropole Télévision (...)

The UK Competition Authority clears the takeover of a mobile payments company after conducting an in-depth Phase 2 probe (PayPal / iZettle)
CRA International (London)
United Kingdom 5 contributions 3232 visits
,
CRA International (London)
Royaume-Uni 3 contributions 750 visites
,
Charles River Associates (Boston)
1 contribution 378 visits
Acquisitions of Potential Rivals in Digital/Tech: Valuation Analysis as Key Economic Tool - PayPal/iZettle Antitrust authorities everywhere are increasingly concerned with so-called “killer acquisitions” – cases where an established incumbent buys up a small rival which might have the potential (...)

The UK Competition Authority clears a merger in the online and offline payment services market (PayPal / iZettle)
British Competition Authority - CMA (London)
United Kingdom 83 contributions 16320 visits
CMA clears PayPal / iZettle deal* The CMA has cleared PayPal’s completed takeover of rival mobile payments company iZettle after an in-depth, Phase 2, investigation. Both companies provide mobile point of sale (mPOS) devices that enable businesses to take ‘offline’ payments through a card reader (...)

The Mexican Competition Authority prohibits a concentration between a retail company and a company offering logistical services to retailers (Walmart / Cornershop)
Mexican Competition Authority (Mexico City)
Mexico 39 contributions 7467 visits
COFECE blocked Walmart/Cornershop concentration* • The proposed deal could generate incentives to unduly displace or block competitors’ access to the Cornershop platform and/or hinder the development of new platforms. • The new economic agent resulting from the transaction would gain sufficient (...)

The Belgian Competition Authority clears a merger subject to remedies in the TV channels platforms market (De Vijver Media / Telenet)
Belgian Competition Authority (Brussels)
Belgium 54 contributions 10811 visits
The Competition College of the BCA has approved conditionally the acquisition of sole control of De Vijver Media by Telenet* the Competition College of the Belgian Competition Authority (BCA) has approved conditionally on 13 May 2019 the acquisition of sole control by Telenet Group BVBA (...)

The Mexican Competition Authority clears a merger in the entertainment industry subject to structural remedies (Disney / Fox)
Mexican Competition Authority (Mexico City)
Mexico 39 contributions 7467 visits
Clarification on Disney/Fox transaction* Mexico City, February 6, 2019.- In August 2018, the Walt Disney Company (Disney) and Twenty-First Century Fox (Fox) notified, both the Federal Economic Competition Commission (COFECE or Commission) and the Federal Institute for Telecommunications (...)

The Romanian Competition Authority fines a company operating in the retail market of IT products, home appliances and marketing via e-commerce platforms for gun jumping (Corsar Online)
Romanian Competition Council (Bucharest)
Romania 40 contributions 8199 visits
The Competition Council sanctioned Corsar Online Srl with fines of 1.6 million lei * The Competition Council sanctioned the company Corsar Online SRL with fines of approximately 1.6 million lei for the implementation of a merger before being authorized by the Competition Authority. In the (...)

The Egyptian Competition Authority imposes interim measures on the two ride-hailing applications available in Egypt to preserve the competitive structure of the market (Uber / Careem)
Egyptian Competition Authority (Cairo)
Egypt 5 contributions 890 visits
Egyptian Competition Authority (ECA) imposes Measures on Uber and Careem to regulate competition between them and safeguard the competitive structure of the market.
* Dr. Amir Nabil, Chairman of the Egyptian Competition Authority, said: “Uber and Careem are the only ride-hailing applications (...)

The EU Commission clears the acquisition of a music recognition app by a Big Tech company that provides a digital music streaming service (Apple / Shazam)
Slaughter and May (Brussels)
Belgium 1 contribution 131 visits
,
Slaughter and May (London)
United Kingdom 1 contribution 131 visits
,
Slaughter and May (Brussels)
Belgium 1 contribution 131 visits
Is Big Data a ‘friend’ or a ‘foe’ to consumers? Do the current EU merger control rules work for ‘Big Tech’ deals? The European Commission’s announcement that it has approved Apple’s $400 million acquisition of Shazam provides a timely snapshot of some of the key questions facing competition authorities (...)

The EU Commission clears a merger after an investigation into the potential anti-competitive effects resulting from a major data transfer in the digital music streaming sector (Apple / Shazam)
Baker Botts (Brussels)
Belgium 2 contributions 782 visits
,
Liège University
1 contribution 417 visits
The European Commission has unconditionally cleared Apple’s EUR 400 million purchase of Shazam. Following an in-depth phase II investigation into the possible anti-competitive effects resulting from Apple getting access to Shazam’s data set, the Commission concluded that the proposed merged (...)

The EU Commission clears a merger in the market of music recognition for smartphones, tablets and PCs (Apple / Shazam)
DG COMP (Brussels)
Belgium 448 contributions 1140744 visits
Mergers: Commission clears Apple’s acquisition of Shazam* The European Commission has approved under the EU Merger Regulation the proposed acquisition of Shazam by Apple. The Commission concluded that the merger would not adversely affect competition in the European Economic Area or any (...)

The Egyptian Competition Authority sends official notice and request of information to the two ride-hailing companies of Egypt (Uber / Careem)
Egyptian Competition Authority (Cairo)
Egypt 5 contributions 890 visits
Attempted merger agreement between the two main competitors in the ridesharing market in Egypt, Uber Group and Careem Group
* Based on several reported information concerning an attempted merger agreement between the two main competitors in the ridesharing market in Egypt, Uber Group and Careem (...)

The Competition and Consumer Commission of Singapore announces a proposed infringement decision for substantial lessening of competition in the market of ride-hailing platform services (Grab / Uber)
BHP Billiton (Melbourne)
Australia 2 contributions 266 visits
1 STAR RATING: SINGAPORE REGULATOR FLAGS UNWINDING OF GRAB/UBER MERGER* On 5 July 2018, the Competition and Consumer Commission of Singapore (CCCS) announced that it had issued a proposed infringement decision against Grab Inc (Grab) and Uber Technologies, Inc (Uber) in relation to the sale of (...)

The EU Commission opens an in-depth investigation concerning a merger in the market of music recognition for smartphones, tablets and PCs (Apple / Shazam)
DG COMP (Brussels)
Belgium 448 contributions 1140744 visits
MERGERS: COMMISSIONS OPEN IN-DEPTH INVESTIGATION INTO APPLE’S PROPOSED ACQUISITION OF SHAZAM* The European Commission has opened an in-depth investigation to assess the proposed acquisition of Shazam by Apple under the EU Merger Regulation. The Commission is concerned that the merger could (...)

The French Competition Authority clears two separate mergers in the footwear distribution market (Monoprix / Sarenza ; Spartoo / André)
French Competition Authority (Paris)
France 518 contributions 163483 visits
FOOTWEAR DISTRIBUTION* The Autorité de la concurrence clears two separate acquisitions but which raise similar questions: Sarenza by Monoprix (Casino group) André by Spartoo On 16 March Monoprix, and subsequently on 4 April 2018, Spartoo notified the Autorité de la concurrence of two distinct (...)

The EU Commission decides to review a merger in the market of music recognition applications for smartphones (Apple / Shazam)
DG COMP (Brussels)
Belgium 448 contributions 1140744 visits
Mergers: Commission to assess the acquisition of Shazam by Apple* The European Commission has accepted a request from Austria, France, Iceland, Italy, Norway, Spain and Sweden to assess under the EU Merger Regulation the proposed acquisition of Shazam by Apple. The Commission considers the (...)

The French Competition Authority unconditionally clears a merger between two real estate online platforms in Phase II (SeLoger.com / Logic-Immo.com)
Epex Spot (Paris)
France 6 contributions 1926 visits
On 1st February 2018, the French Competition Authority (“FCA”) unconditionally cleared in Phase II proceedings the planned acquisition of sole control of French company Concept Multimédia - which owns the real estate online platform Logic-Immo.com - by German group Axel Springer - which owns the (...)

The French Competition Authority conducts for the first time an investigation into an online platform merger and clears it subsequently (Axel Springer / Concept Multimédia)
French Competition Authority (Paris)
France 518 contributions 163483 visits
For the first time, the Autorité de la concurrence has examined the merger of two online platforms. After an in-depth examination, the Autorité unconditionally clears the acquisition of Concept Multimédia (Logic-Immo.com) by the Axel Springer Group (SeLoger.com)* Parties to the transaction On (...)

The Russian Competition Authority clears the creation of a joint undertaking subject to remedies in the taxi market (Yandex / Uber)
Russian Federal Antimonopoly Service (Moscow)
France 254 contributions 25101 visits
FAS cleared merger between Yandex.Taxi and Uber, subject to conditions* On November 24, 2017 FAS agreed on the application of the Yandex N.V., Uber International C.V. for conclusion of an agreement on the creation of joint enterprise, subject to conditions. The results of analysis of the (...)

The German Competition Authority prohibits a merger on the market of sale of tickets for live entertainment (CTS Eventim / Four Artists)
German Competition Authority (Bonn)
Germany 266 contributions 49064 visits
Bundeskartellamt prohibits merger between CTS Eventim and Four Artists* The Bundeskartellamt has prohibited the planned acquisition by CTS Eventim AG & Co. KGaA of the majority of shares in the companies belonging to Konzert- und Veranstaltungsagentur Four Artists - Four Artists Booking (...)

The US FTC files an administrative complaint challenging a proposed acquisition in the market for third-party paid referral services for senior living facilities and enters into a proposed consent decree (Red Venture / Bankrate)
Shearman & Sterling (Washington)
United States 4 contributions 1034 visits
,
Shearman & Sterling (Washington)
United States 8 contributions 4757 visits
,
Shearman & Sterling (Washington)
United States 4 contributions 1353 visits
…
On November 3, 2017, the Federal Trade Commission filed a complaint challenging Red Ventures’ proposed acquisition of Bankrate. The FTC alleged that the deal likely would have lessened competition in the market for thirdparty paid referral services for senior living facilities—even though Red (...)

The French Competition Authority opens an in-depth investigation concerning a merger in the online property advertising (SeLoger.com / Logic-Immo.com)
French Competition Authority (Paris)
France 518 contributions 163483 visits
ONLINE PROPERTY ADVERTISING* The Autorité de la concurrence has begun an in-depth examination as part of the review of the take-over of Concept Multimédia (Logic-Immo.com) by the Axel Springer group (SeLoger.com) The Axel Springer group, which is active mainly on the online property adverting (...)

The EU Commission fines a social network company for providing misleading information during a merger investigation (Facebook / WhatsApp)
DG COMP (Brussels)
Belgium 448 contributions 1140744 visits
Mergers: Commission fines Facebook €110 million for providing misleading information about WhatsApp takeover* The European Commission has fined Facebook €110 million for providing incorrect or misleading information during the Commission’s 2014 investigation under the EU Merger Regulation of (...)

The EU Commission fines a company for providing incorrect or misleading information during its investigations on a merger (Facebook / WhatsApp)
Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 9 contributions 14525 visits
,
Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 17 contributions 16546 visits
,
Cleary Gottlieb Steen & Hamilton (Brussels)
Belgium 3 contributions 2044 visits
…
On May 18, 2017, the European Commission (the “Commission”) fined Facebook €110 million for providing incorrect or misleading information during its 2014 investigation of its acquisition of WhatsApp The magnitude of the fine dwarfs the few penalties the Commission has imposed in the past for (...)

The EU Commission fines a big tech company for providing incorrect or misleading information during the merger control review process (Facebook / Whatsapp)
McDermott Will & Emery (Brussels)
Belgium 15 contributions 1247 visits
,
McDermott Will & Emery (Brussels)
Belgium 42 contributions 76059 visits
THE LATEST: EU Commission Fines Facebook EUR 110 million for Providing Incorrect or Misleading Information* The Commission’s EUR 110 million fine on Facebook for breach of its procedural obligations under the EU merger control rules underscores the need to submit full, accurate and reliable (...)

The German Competition Authority clears a merger on the e-book online platform market (Rakuten / Tolino)
German Competition Authority (Bonn)
Germany 266 contributions 49064 visits
Bundeskartellamt clears acquisition of "tolino" e-book platform by Rakuten* The Bundeskartellamt has cleared the acquisition by the Japanese online retailer Rakuten Inc. of the assets for the technical operation of the "tolino" e-book platform. The seller of the assets is Deutsche Telekom AG, (...)

The EU Commission sends a statement of objections to a social network suspected of having transmitted misleading informations concerning a merger (Facebook / WhatsApp)
DG COMP (Brussels)
Belgium 448 contributions 1140744 visits
Mergers: Commission alleges Facebook provided misleading information about WhatsApp takeover* The European Commission has sent a Statement of Objections to Facebook alleging the company provided incorrect or misleading information during the Commission’s 2014 investigation under the EU Merger (...)

The EU Commission conditionnaly clears a merger in the professional social network market (Microsoft / LinkedIn)
McDermott Will & Emery (Brussels)
Belgium 15 contributions 1247 visits
European Commission Approves Microsoft Acquisition of LinkedIn Subject to Conditions* On 6 December 2016, the European Commission cleared the acquisition of LinkedIn by Microsoft, subject to Microsoft granting LinkedIn’s competitors access to certain LinkedIn tools. “BIG DATA” CONCERNS ANALYSED (...)

The EU Commission clears the acquisition of a leading global professional social networking platform company by a leading global software company, subject to 5-year remedies that include monitoring and prevention of tying (Microsoft / LinkedIn)
European Commission - Legal Service (Brussels)
Belgium 2 contributions 851 visits
,
DG COMP (Brussels)
Belgium 4 contributions 2129 visits
Microsoft/LinkedIn: Big data and conglomerate effects in tech markets* In a nutshell: The Microsoft/LinkedIn case is an important development in the Commission’s assessment of mergers involving data-related issues in tech industries. It provides further guidance on the framework for the (...)

The EU Commission clears a merger subject to remedies on the professional social networks market (Microsoft / LinkedIn)
DG COMP (Brussels)
Belgium 448 contributions 1140744 visits
MERGERS: COMMISSION APPROVES ACQUISITION OF LINKEDIN BY MICROSOFT, SUBJECT TO CONDITIONS* The European Commission has approved under the EU Merger Regulation the proposed acquisition of LinkedIn by Microsoft. The decision is conditional on compliance with a series of commitments aimed at (...)

The EU Commission invites third party comments on a proposed acquisition in information technology sector (Microsoft / Linkedin)
Fieldfisher (London)
United Kingdom 1 contribution 375 visits
,
Fieldfisher (London)
United Kingdom 3 contributions 848 visits
Microsoft/LinkedIn: could Big Data be a Big Problem?*On 14 October 2016, Microsoft’s $26.2 billion acquisition of LinkedIn was notified to the European Commission for merger clearance. The EU regulator’s initial deadline to decide whether to approve the deal or refer it for in-depth (...)

The Australian Competition Authority publishes draft media merger guidelines
University of New South Wales (Sydney)
Australia 1 contribution 143 visits
Australian draft media merger guidelines: a review* Background The ACCC released its draft media merger guidelines in August 2016. Given the previous merger guidelines were released in 2006, these drafts outline the first proposed changes in over ten years. Critically these guidelines come in (...)

The Chinese MOFCOM releases a company from conditions previously imposed in an e-commerce merger (Wal-Mart / Yihaodian)
China Competition Bulletin (Beijing)
China 101 contributions 16505 visits
,
University of Melbourne
Australia 103 contributions 19332 visits
,
University of Melbourne
Australia 66 contributions 9449 visits
…
On 30 May 2016, the MOFCOM decided to release Wal-Mart from the conditions that it had imposed on Wal- Mart’s acquisition of Yihaodian in 2012. Wal-Mart had applied for release from these conditions in July 2015. When the MOFCOM conditionally approved Wal-Mart’s acquisition in 2012, the (...)

The French Competition Authority opens an in-depth investigation regarding a merger on the market of retail of cultural and electronic products (Fnac / Darty)
French Competition Authority (Paris)
France 518 contributions 163483 visits
THE AUTORITÉ DE LA CONCURRENCE IS OPENING A PHASE 2 EXAMINATION OF THE ACQUISITION OF THE DARTY COMPANY BY THE FNAC GROUP* On 17 February 2016, the Fnac group notified the Autorité of its proposed acquisition of the Darty company. Under its examination of the case, and following an initial (...)

The German Competition Authority clears a merger between major online dating platforms in phase II (EliteMedianet / Parship)
German Competition Authority (Bonn)
Germany 266 contributions 49064 visits
Major online dating platforms can merge* The Bundeskartellamt has cleared in second phase proceedings the planned acquisition of all the shares in EliteMedianet GmbH, Hamburg, by an investment fund of Oakley Capital Limited, London. The merger affects the market for online dating platforms, on (...)

The EU Commission approves a joint venture for cross-border licensing of online music between three music collecting societies (PRSfM / STIM / GEMA)
DG COMP (Brussels)
Belgium 448 contributions 1140744 visits
Commission approves joint venture for cross-border licensing of online music between PRSfM, STIM and GEMA, subject to commitments* Following an in-depth investigation, the European Commission has approved under the EU Merger Regulation the proposed creation of a joint venture for (...)

The EU Commission conditionally approves online rights licensing and administration joint venture between collective management organisations (PRSfM / STIM / GEMA)
Van Bael & Bellis (Brussels)
Belgium 212 contributions 54407 visits
On 16 June 2015, the EU Commission conditionally approved the proposed joint venture between music collective management organisations PRS for music Limited (“PRSfm”) of the UK, Föreningen Svenska Tonsättares Internationella musikbyrå u.p.a. (“STIm”) of Sweden, and Gesellschaft für musikalische (...)

The German Competition Authority clears a merger on the market of online real estate portals (Immonet / Immowelt)
German Competition Authority (Bonn)
Germany 266 contributions 49064 visits
CLEARANCE OF MERGER BETWEEN IMMONET AND IMMOWELT* In the first phase of merger control the Bundeskartellamt has cleared plans by Axel Springer SE, Berlin to acquire sole control of Immowelt AG, Nuremberg and the launch of a joint venture between Immowelt AG and Immonet GmbH, Hamburg. The (...)

The U.S. FTC clears a merger between the two most-visited online home shopping sites in the U.S. without conditions (Zillow / Trulia)
Office of the New York State Attorney General (New York)
United States 10 contributions 7244 visits
,
Winston & Strawn (Washington)
United States 6 contributions 2155 visits
,
US Department of Justice (Washington)
United States 1 contribution 139 visits
…
In a ruling on February 13, the FTC unconditionally approved the Zillow-Trulia merger after an intensive six-month antitrust review. Despite reported concerns “that the merger might concentrate too much power in one company,” the FTC ultimately decided to “bless” the Zillow-Trulia combination. (...)

The Competition Commission of Singapore conditionally clears first merger with divestment and behavioural commitments (Seek Asia Investments / JobStreet)
BHP Billiton (Singapore)
Singapore 11 contributions 7292 visits
Comment: On 13 November 2014, the Competition Commission of Singapore (the “CCS”) released its grounds of decision conditionally clearing the proposed acquisition by SEEK Asia Investments Pte. Ltd. (“SEEK Asia Investments”), of 100 per cent. of the online recruitment business assets of JobStreet (...)

The EU Commission unconditionally approves in first phase an acquisition in the digital sector (Facebook / WhatsApp)
DG COMP (Brussels)
Belgium 4 contributions 2129 visits
,
DG COMP (Brussels)
Belgium 1 contribution 545 visits
,
European Commission - Legal Service (Brussels)
Belgium 2 contributions 851 visits
"What’s Up with Merger Control in the Digital Sector? Lessons from the Facebook/WhatsApp EU merger case"* The Facebook/WhatsApp decision provides an insight into how the Commission tackles novel issues in the application of merger control rules to the digital sector, in particular to free (...)

The EU Commission unconditionally clears an acquisition in the social media sector (Facebook / WhatsApp)
Ramón y Cajal (Madrid)
Spain 10 contributions 2991 visits
Background information On 3 October 2014 the European Commission ("Commission") unconditionally clears in first phase the €14 billion acquisition of WhatsApp by Facebook (the “Transaction”). The Transaction was already conditionally authorized in April 2014 by the US Federal Trade Commission (...)

The EU Commission approves without commitments an acquisition in the information technology sector (Facebook / WhatsApp)
Squire Patton Boggs (Brussels)
Belgium 1 contribution 299 visits
EU Commission approves Facebook’s acquisition of WhatsApp* On 3 October 2014, the European Commission of the European Union (the “Commission”) approved the acquisition without any commitments. After the approval of the acquisition of Skype by Microsoft in 2011 and of the acquisition of Nokia by (...)

The Cypriot Competition Authority clears an acquisition in the online payment services market (GCS Holding / Ingenico)
Neocleous (Nicosia)
Cyprus 9 contributions 1387 visits
On 16/07/2014, the Commission for the Protection of Competition of the Republic of Cyprus (hereinafter referred to as the “Commission”) received notification of a proposed concentration by Ingenico S.A. (hereinafter referred to as "Ingenico"), in accordance with section 10(2) of the Control of (...)

The U.S. Department of Justice prohibits a merger between the two leading providers of ratings and reviews platforms that resulted in the elimination of meaningful competition in that sector, despite the fact that the transaction was non reportable (Bazaarvoice / PowerReviews)
White & Case (Washington)
États-Unis 8 contributions 2806 visites
,
White & Case (Washington)
États-Unis 15 contributions 7612 visites
,
White & Case (New York)
États-Unis 3 contributions 862 visites
If you thought not having to report your proposed acquisition to the US Department of Justice and the US Federal Trade Commission meant never worrying about antitrust issues, think again. The DOJ’s recent pursuit of Bazaarvoice, Inc. in connection with its acquisition of PowerReviews, Inc. (...)

The US District Court for the Northern District of California rules against a non-reported acquisition in the market for product ratings and reviews platforms (Bazaarvoice / PowerReviews)
Wolters Kluwer (Riverwoods)
United States 78 contributions 34500 visits
Combination of online consumer review platforms Bazaarvoice and PowerReviews found to violate Clayton Act* Last week, the federal district court in San Francisco ruled that Bazaarvoice Inc.’s June 2012 acquisition of PowerReviews Inc. violated Sec. 7 of the Clayton Act. In a “necessarily lengthy (...)

The US District Court for the Northern District of California finds evidence that the merging parties expected the transaction to have anticompetitive effects (Bazaarvoice / PowerReviews)
Orrick, Herrington & Sutcliffe (San Francisco)
United States 22 contributions 5025 visits
Another Example of Why You Should Follow the “New York Times” Rule — the Bazaarvoice Decision* Have you heard of the New York Times rule? The rule is: don’t write something down in a business communication unless you’re comfortable with its text appearing in the New York Times. If everyone followed (...)

The US Court of the Northern District of California rules against an acquisition of a competitor on the basis that it would lead to anticompetitive effects in the high-tech market (Bazaarvoice / PowerReviews)
McDermott Will & Emery (Washington)
United States 19 contributions 1053 visits
,
McDermott Will & Emery (Brussels)
Belgium 15 contributions 1247 visits
,
McDermott Will & Emery (Düsseldorf)
Germany 8 contributions 104 visits
…
JUDGE RULES IN FAVOR OF DOJ FINDING BAZAARVOICE/POWERREVIEWS MERGER ANTICOMPETITIVE* On January 8, 2014, Judge Orrick of the Northern District of California ruled that Bazaarvoice’s acquisition of competitor PowerReviews violated Section 7 of the Clayton Act. The ruling was in favor of the (...)

The EU General Court rejects a rival’s claim and gives the green signal for an acquisition in the communications services market (Microsoft / Skype)
Shardul Amarchand Mangaldas (New Delhi)
Inde 1 contribution 282 visites
By its decision dated 11 December 2013, Luxembourg based European General Court approves the acquisition of Skype by Microsoft. Background On 02.09.2011 the EU Commission was notified of a proposed concentration by which, Microsoft Corporation, USA acquired 100% of the outstanding shares and (...)

The Netherlands ACM clears a planned collaboration between two Dutch publishing companies (Lannoo Meulenhoff / WPG Uitgevers)
Netherlands Authority for Consumers & Markets (The Hague)
Netherlands 92 contributions 10745 visits
Two Dutch publishing firms are allowed to rent out ebooks together* The Netherlands Authority for Consumer and Markets (ACM) has cleared the planned collaboration between two Dutch publishing companies, Lannoo Meulenhoff and WPG Uitgevers, to offer ebooks rentals to consumers together. The (...)

The New York Attorney General settles remedies regarding the merger between two leading online food ordering services in Manhattan (Seamless / GrubHub)
Ashurst (Milan)
United States 94 contributions 19804 visits
NY Attorney General reaches settlement with two leading online food ordering services in Manhattan* On 5 August 2013 NY Attorney General stated that he reached a settlement with Seamless North America, LLC and GrubHub, two leading online food ordering services in Manhattan, in order to address (...)

The US DoJ challenges an acquisition by a market leader in product ratings and reviews the platforms of its alleged closest competitor (Bazaarvoice / PowerReviews)
Wilson Sonsini Goodrich & Rosati (Washington)
United States 3 contributions 710 visits
On January 10, 2013, the U.S. Department of Justice sued Bazaarvoice, Inc. alleging that its acquisition of PowerReviews, Inc. in June 2012 violated Section 7 of the Clayton Act. The complaint alleges that Bazaarvoice was the market leader for product ratings and reviews platforms (PRR (...)

The EU Commission conditionally clears an acquisition in the recorded music business (Universal Music Group / EMI Music)
Van Bael & Bellis (Brussels)
Belgium 212 contributions 54407 visits
On 21 September 2012, the European Commission conditionally cleared the proposed acquisition by Universal Music Group of EMI’s recorded music business, following a phase II investigation. The Commission’s phase II investigation focused on the effects of the deal on the wholesale market (...)

The U.S. FTC and the EU Commission clear an acquisition on the market for recorded music (Universal Music Group / EMI Music)
DLA Piper Weiss-Tessbach (Vienna)
Austria 26 contributions 5541 visits
European Commission and U.S. Federal Trade Commission clear Universal’s acquisition of EMI’s recorded music business* On 21 September 2012 both the European Commission ( “Commission” ) and the U.S. Federal Trade Commission ( “FTC” ) cleared the acquisition of EMI’s recorded music business by (...)

The EU Commission develops a novel theory of harm based on the effect of the transaction on the new entity’s bargaining power (Universal Music Group / EMI Music)
CRA International (Brussels)
Belgium 14 contributions 20967 visits
,
The Graduate Institute for International and Development Studies (Geneva)
Suisse 14 contributions 25215 visites
,
DG COMP (Brussels)
Belgium 7 contributions 4573 visits
Mergers and bargaining power: back to the future? Insights from the Universal/EMI merger* The decision to approve the acquisition of EMI’s recorded music rights by Universal has recently been published by the European Commission. Following a Phase II investigation, the acquisition was approved (...)

The UK OFT decides not to refer an anticipated acquisition in the social networking industry to the Competition Commission (Facebook / Instagram)
Herbert Smith Freehills (Brussels)
Belgium 54 contributions 41005 visits
In May 2012 the Office of Fair Trading (OFT) opened a merger investigation into the acquisition by Facebook Inc (Facebook) of Instagram Inc (Instagram). This was the first time a merger involving Facebook, the global colossus in the social networking industry, publicly came under the scrutiny (...)

The Chinese MOFCOM enforces telecoms regulations in merger review (Wal-Mart / Yihaodian)
Ingram Yuzek Gainen Carroll & Bertolotti (New York)
United States 2 contributions 767 visits
The notification for the Wal-Mart/Yihaodian transaction was submitted to China’s Ministry of Commerce on 16 December 2011. It was ultimately accepted on 16 February 2012 by MOFCOM after supplementation. At the expiration of the Phase III, or extended Phase II, period, on 13 August 2012, MOFCOM (...)

The French Competition Authority clears a merger in the e-commerce sector (Altarea / Rue du commerce)
French Competition Authority (Paris)
France 518 contributions 163483 visits
The Autorité de la Concurrence clears the acquisition of Rue du Commerce’s sole control by Altarea*. The Autorité de la concurrence examined the acquisition of Rue du Commerce by Altarea, by means of the acquisition of a bloc of shares and a public takeover bid on Rue du Commerce’s securities. (...)

The U.S. DoJ closes its investigation and gives green light to $400 M acquisition in the advertising display industry (Google / Admeld)
Sidley Austin (Brussels)
Belgium 6 contributions 2037 visits
DOJ closes investigation into Google’s acquisition of Admeld Inc.* On December 2, 2011 the DOJ announced its decision to close the investigation into Google’s acquisition of Admeld Inc. allowing Google to complete its $ 400 million merger. The DOJ’s investigation focused on the potential (...)

The US DoJ imposes conduct remedies, including "FRAND" licensing, before approving a vertical merger with anticompetitive concerns in the comparative-flight-search industry (Google / ITA)
Robins Kaplan (Minneapolis)
United States 3 contributions 1169 visits
According to conventional wisdom, the Department of Justice and the Federal Trade Commission prefer structural merger remedies like divestiture over remedies that require ongoing monitoring of post-merger conduct. Structural remedies offer comparative ease of implementation and require (...)

The US DoJ requires conduct remedies before allowing a vertical merger between a generic online search engine and a widely-used flight information services provider (Google / ITA)
Robins Kaplan (Minneapolis)
United States 3 contributions 1169 visits
According to conventional wisdom, the Department of Justice and the Federal Trade Commission prefer structural merger remedies like divestiture over remedies that require ongoing monitoring of post-merger conduct. Structural remedies offer comparative ease of implementation and require (...)

The US DoJ requires conduct remedies before allowing a vertical merger between a popular generic online search engine and a widely-used flight information services provider (Google / ITA)
Economists Incorporated (San Francisco)
United States 1 contribution 294 visits
,
Economists Incorporated (Washington)
United States 1 contribution 294 visits
On July 1, 2010, Google Inc. (“Google”) and ITA Software, Inc. (“ITA”) announced an agreement for Google to acquire ITA for $700 million. On April 8, 2011, the Department of Justice (“DOJ”) announced that it would allow the proposed acquisition subject to certain conditions. DOJ filed a complaint (...)

The US DoJ demands conduct remedies from two strong competitors in related markets before approving a vertical merger that will allow the combined company to enter into the online travel search market (Google / ITA)
Crowell & Moring (Washington)
United States 4 contributions 1148 visits
,
Crowell & Moring (Washington)
United States 5 contributions 1268 visits
,
United Airlines (Chicago)
United States 3 contributions 923 visits
U.S. antitrust agencies, in a flurry of recent actions, have reinvigorated vertical merger enforcement, claiming competitive harm from what, in the past, would potentially have been viewed as efficiency-enhancing vertical integration. The Department of Justice (“DOJ”), in particular, has (...)

The US DoJ conditionally approves a joint venture under behavioural remedies in the industries of online video distribution and video programming (Comcast / NBC Universal)
Crowell & Moring (Washington)
United States 4 contributions 1148 visits
,
Crowell & Moring (Washington)
United States 5 contributions 1268 visits
,
United Airlines (Chicago)
United States 3 contributions 923 visits
U.S. antitrust agencies, in a flurry of recent actions, have reinvigorated vertical merger enforcement, claiming competitive harm from what, in the past, would potentially have been viewed as efficiency-enhancing vertical integration. The Department of Justice (“DOJ”), in particular, has (...)

The US DoJ seeks conduct remedies prior to approving a joint venture in order to prevent exclusionary conduct in the markets for online video distribution and video programming (Comcast / NBC Universal)
American University’s Washington College of Law (Washington)
United States 2 contributions 7562 visits
The Federal Communication Commission’s recent decision to allow the transaction between Comcast and General Electric’s NBC Universal (NBCU) affiliate to proceed subject to conditions helped to fill a gap in the contemporary treatment of vertical mergers. The existence of this gap was (...)

The German Competition Authority blocks a joint‐venture for the creation of an online video on demand platform by the two leading German TV broadcasters (RTL / Pro7Sat1)
NOCON (London)
United Kingdom 6 contributions 8538 visits
I. Transaction RTL and Pro7Sat1 planned to set up an online video on demand (VOD) platform which allows users toaccess and watch professional video content. The concept of the platform was to provide content that has already been transmitted on TV and can be accessed free of cost for seven (...)

The German Competition Authority prohibits the creation of an online video platform joint venture between two leading TV broadcasters (RTL / Pro7Sat1)
Van Bael & Bellis (Brussels)
Belgium 212 contributions 54407 visits
According to a press release of 18 March 2011, the German Federal Cartel Office has prohibited the plans of broadcasting groups RTL and Pro7Sat1 to form a joint venture for the creation and operation of an online video platform. In its statement of objections of 23 February 2011, the Cartel (...)

The German Competition Authority prohibits an online video platform joint venture (RTL / Pro7Sat1)
Jones Day (Frankfurt)
Germany 7 contributions 3907 visits
,
Jones Day (Dusseldorf)
Germany 14 contributions 3862 visits
,
Jones Day (Frankfurt)
Germany 11 contributions 3357 visits
On March 17, 2011, the German Federal Cartel Office (Bundeskartellamt) rejected plans by German broadcasting groups RTL and Pro7Sat1 to launch a joint venture for the creation and operation of an online video platform. This decision illustrates how in Europe, particularly in Germany, antitrust (...)

The US DoJ conditionally approves a joint venture in the telecommunications sector, subject to remedies resolving antitrust concerns (Comcast / NBC Universal)
Wolters Kluwer (Riverwoods)
United States 78 contributions 34500 visits
Comcast/NBC Universal Joint Venture Receives Regulatory Approval* The Department of Justice Antitrust Division and the Federal Communications Commission today conditionally approved a joint venture between Comcast Corp. and General Electric Co.’s subsidiary NBC Universal Inc. The joint (...)

The EU Commission refers the assessment of a joint venture between two German private broadcasters to the competition authorities of Austria and Germany, at their request (RTL / Pro7Sat.1)
JG Associates (Brussels)
205 contributions 56228 visites
Main developments between 1 September and 31 December 2010* On 24 September 2010 the European Commission referred the assessment of the joint venture between the German private broadcasters ProSie-benSat.1 and RTL to the competition authorities of Austria and Germany, at their request. The (...)

The US DoJ imposes divestiture and conduct remedies before approving a merger in order to maintain competition in the market for primary ticketing services (Ticketmaster / Live Nation)
Robins Kaplan (Minneapolis)
United States 3 contributions 1169 visits
According to conventional wisdom, the Department of Justice and the Federal Trade Commission prefer structural merger remedies like divestiture over remedies that require ongoing monitoring of post-merger conduct. Structural remedies offer comparative ease of implementation and require (...)

The US DoJ demands divestiture and licensing to create two new competitors and imposes conduct remedies to limit the benefits of vertical integration in a merger in the primary ticketing services market (Ticketmaster / Live Nation)
Kelley Drye & Warren (Washington)
United States 1 contribution 175 visits
,
Kelley Drye & Warren (New York)
United States 1 contribution 175 visits
,
Kelley Drye & Warren (Washington)
United States 1 contribution 175 visits
The Department of Justice Antitrust Division (“DoJ”), along with 17 state attorneys general, reached an agreement with the parties last week that allows the merger of Ticketmaster Entertainment, Inc. (“Ticketmaster”) and Live Nation, Inc. (“Live Nation”) to proceed. The parties agreed to a (...)

The US DoJ seeks to divest part of the business and requires the licensing of software in order to mitigate anticompetitive effects of a merger in the ticketing services industry (Ticketmaster / Live Nation)
Cleary Gottlieb Steen & Hamilton (Cologne)
Germany 5 contributions 1013 visits
,
Cleary Gottlieb Steen & Hamilton (Washington)
United States 3 contributions 661 visits
After a decade of what was perceived by many as relatively restrained merger enforcement, the Obama administration has repeatedly and vocally vowed to “reinvigorate antitrust enforcement” and to “take effective action to stop or restructure mergers that are likely to harm consumer[s]”. Many (...)

The US DoJ conditionally approves a vertical merger upon the implementation of structural and behavioural remedies in the market for primary ticketing services (Ticketmaster / Live Nation)
Crowell & Moring (Washington)
United States 4 contributions 1148 visits
,
Crowell & Moring (Washington)
United States 5 contributions 1268 visits
,
United Airlines (Chicago)
United States 3 contributions 923 visits
U.S. antitrust agencies, in a flurry of recent actions, have reinvigorated vertical merger enforcement, claiming competitive harm from what, in the past, would potentially have been viewed as efficiency-enhancing vertical integration. The Department of Justice (“DOJ”), in particular, has (...)

The UK Competition Commission clears an entertainment industry merger for the second time without remedies following appeal to the Competition Appeal Tribunal (Ticketmaster / Live Nation)
Oxera
Royaume-Uni 1 contribution 1235 visites
,
Oxera (Oxford)
Royaume-Uni 2 contributions 2216 visites
On May 7th 2010, the UK Competition Commission (CC) cleared unconditionally the completed merger between Ticketmaster Entertainment, Inc (Ticketmaster) and Live Nation, Inc (Live Nation). The case had previously been cleared by the CC in December 2009, but following a successful appeal by a (...)

The UK Competition Commission concludes that a proposed merger in the entertainment industry would not result in a substantial lessening of competition in the market for live music ticket retailing (Ticketmaster / Live Nation)
Ashurst (Milan)
United States 94 contributions 19804 visits
Ticketmaster/Live Nation merger gets final clearance in the UK* On 7 May 2010, the UK Competition Commission (“CC”) reaffirmed its initial decision of December 2009 (see Newsletter 1/2010 p. 9 for details) concluding that the merger of Live Nation and Ticketmaster would not result in a (...)

The EU Commission clears in phase I a merger in the internet search market addressing the concept of concentration and conducting a detailed two-sided market analysis (Microsoft / Yahoo!)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 39 contributions 16204 visits
Microsoft/Yahoo! – the concept of a concentration* The Commission’s recent decision approving Microsoft’s acquisition of Yahoo!’s Search Business (including internet search and search advertising) contains an interesting application of the definition of a concentration under the Merger Regulation. (...)

The UK Competition Appeal Tribunal orders the Competition Commission to reconsider its clearance of a merger on the basis of absence of vertical concerns (Ticketmaster / Live Nation)
Herbert Smith Freehills (Brussels)
Belgium 54 contributions 41005 visits
Following a reference of the case to it from the OFT, on 22 December 2009, the UK Competition Commission ("CC") announced that it had decided to clear unconditionally the proposed merger of Ticketmaster Entertainment Inc. ("Ticketmaster"), a ticketing agent, and Live Nation Inc. ("Live (...)

The UK Competition Commission clears a merger in the entertainment industry (Ticketmaster / Live Nation)
KPMG (London)
United Kingdom 1 contribution 1008 visits
Factual background Ticketmaster Entertainment Inc (“Ticketmaster”) is the world’s largest ticket agent, and sells tickets on behalf of live music promoters and venue operators. Live Nation Inc (“Live Nation”) is principally a promoter of live music events and an owner/operator of live music venues. (...)

The UK OFT refers a "vertical" merger to the Competition Commission on the basis of "horizontal" concerns (Ticketmaster / Live Nation)
Herbert Smith Freehills (Brussels)
Belgium 54 contributions 41005 visits
On 11 June 2009, the Office of Fair Trading ("OFT") announced that it had decided to refer the proposed merger of Ticketmaster Entertainment Inc ("Ticketmaster") and Live Nation Inc ("Live Nation") to the Competition Commission ("CC") for an in-depth investigation. Despite the fact that there (...)

The EU Commission clears a merger in the online advertising market applying for the first time the non horizontal merger guidelines (Google / DoubleClick)
DG COMP (Brussels)
Belgium 2 contributions 6660 visits
,
DG COMP (Brussels)
Belgium 8 contributions 30167 visits
,
European Commission (Brussels)
Belgium 6 contributions 6348 visits
…
"Google/DoubleClick: The first test for the Commission’s nonhorizontal merger guidelines"* I. Introduction The Google/DoubleClickmerger generated considerable interest as it concerned the ubiquitous search engine that most Europeans use in their daily lives. From a competition policy (...)

The EU Commission clears an acquisition in the online advertising market (Google / DoubleClick)
JG Associates (Brussels)
205 contributions 56228 visites
,
DG COMP (Brussels)
Belgique 169 contributions 47382 visites
"Mergers: main developments between 1 January and 30 April 2008"* On 11 March the Commission decided to clear the proposed acquisition of the online advertising technology company DoubleClick by Google, both based in the US. Google operates an internet search engine that offers search (...)

The EU Commission approves after an in-depth investigation the creation of a joint venture in the music industry (Sony / BMG)
European Commission (Brussels)
Belgium 6 contributions 6348 visits
"Following an in-depth investigation the Commission approved the creation of the Sony/BMG music recording joint venture on 19 July 2004"* Over the last 15 years, the music industry has witnessed the process of gradual consolidation. The Commission has analysed a number of these concentrations (...)

The German Competition Authority clears a merger in the online travel agency industry (T-Online / Bild.de)
European Court of Justice (Luxembourg)
Luxembourg 21 contributions 28139 visits
,
DG Economic and Financial Affairs (ECFIN) (Brussels)
Belgique 65 contributions 27142 visites
"Internet Joint Ventures and the Quest for Exclusive Content: The T-Online Cases"* Introduction EC and national competition law issues arising from the marketing of ‘premium’ content, such as travel services and sports news, via the Internet were at the centre of several recent competition (...)

The German Competition Authority conditionally clears an acquisition on the market for paid content (T-Online / Bild.de)
German Competition Authority (Bonn)
Germany 266 contributions 49064 visits
Bundeskartellamt clears T-Online participation in Bild.de subject to specific conditions* The Bundeskartellamt has cleared T-Online International AG’s acquisition of a 37 per cent share in Bild.de after the companies concerned had clarified with legally binding effect a number of preconditions (...)

The Italian Competition Authority clears a merger in the media sector with behavioural remedies, including the granting of non-discriminatory access (Seat Pagine Gialle / Cecchi Gori Communications)
Clifford Chance
18 contributions 47772 visites
,
Chiomenti (Rome)
Italie 19 contributions 50264 visites
The operation On 23 January 2001, the Competition Authority authorized with conditions the acquisition by Seat Pagine Gialle S.p.A. of Cecchi Gori Communications S.p.A. by way of purchase of shares. SEAT Seat Pagine Gialle S.p.A. (SEAT) is an Italian company belonging to the Telecom Italia (...)

State Aid

 The EU Court of Justice provides further guidance on how economic activities linked to non-economic functions must be treated in a State aid context (Aanbestedingskalender)
College of Europe (Bruges)
Belgium 265 contributions 32952 visits
* Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU General Court denies video-on-demand distributors’ standing to appeal a Commission decision authorising a German cinema aid scheme (Netflix / Apple)
McDermott Will & Emery (Brussels)
Belgium 35 contributions 2926 visits
,
McDermott Will & Emery (Paris)
France 106 contributions 29663 visits
,
McDermott Will & Emery (Brussels)
Belgium 35 contributions 2919 visits
All State Aid decisions taken by the EC can be subject to an action for annulment. In practice, however, it has been very difficult for complainants to successfully bring admissible actions for annulment of EC decisions approving aid because of EU courts’ strict interpretation of the locus (...)

The EU Commission opens an in-depth investigation into statutory rules exempting some financing incomes earned by foreign subsidiaries (United Kingdom)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 3 contributions 1655 visits
,
Skadden, Arps, Slate, Meagher & Flom (London)
United Kingdom 2 contributions 439 visits
,
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 38 contributions 25367 visits
…
On 26 October 2017, the European Commission (the Commission) opened an in-depth investigation into UK statutory rules that exempt certain financing income earned by foreign subsidiaries of UK corporate taxpayers from UK tax. The Commission’s investigation will focus on whether the UK Controlled (...)

The EU General Court confirms that public funding of an e-platform for procurement purposes does not constitute a State aid (Aanbestedingskalender)
College of Europe (Bruges)
Belgium 265 contributions 32952 visits
Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU Commission publishes its largest-ever negative State aid decision regarding tax arrangements, requiring Ireland to recover €13bn of aid (Apple)
Oxera
United Kingdom 1 contribution 538 visits
,
Oxera (Brussels)
Belgium 3 contributions 1940 visits
I. Introduction 1. On 30 August 2016, the European Commission announced its largest-ever negative State aid decision requiring Ireland to recover €13bn of aid (plus interest) from Apple as a result of its tax rulings with Ireland . In the year leading up to this announcement, the Commission (...)

The EU Commission confirms that Ireland granted illegal State aid to a company (Apple)
Simmons & Simmons (Luxembourg)
1 contribution 230 visits
,
Simmons & Simmons (Luxembourg)
1 contribution 230 visits
On 30 August 2016, the EU commission confirmed that in their view, Ireland granted illegal State Aid to Apple. Such State Aid is allegedly granted in the form of a selective tax treatment. The decision is the latest in the EU Commission’s moves to use State Aid principles in a direct tax (...)

The EU Commission declares Irish tax rulings favouring an undertaking to be contrary to State aid provisions (Apple)
Van Bael & Bellis (Brussels)
Belgium 108 contributions 16613 visits
On 30 August 2016, the European Commission announced its decision finding that Ireland has granted selective tax advantages to Apple. According to the press release of the Commission, the two tax rulings at stake issued by Ireland to Apple substantially and artificially lowered the tax paid by (...)

The EU Commission finds that Ireland granted undue tax benefits to a U.S. leading multinational technology company (Apple)
DG COMP (Brussels)
Belgium 448 contributions 1140744 visits
State aid: Ireland gave illegal tax benefits to Apple worth up to €13 billion* The European Commission has concluded that Ireland granted undue tax benefits of up to €13 billion to Apple. This is illegal under EU state aid rules, because it allowed Apple to pay substantially less tax than other (...)

The EU Commission investigates national tax rulings on transfer pricing (Starbucks / Apple / FFT)
White & Case (Brussels)
Belgium 44 contributions 40987 visits
,
White & Case (Brussels)
Belgique 9 contributions 2110 visites
,
White & Case (Brussels)
Belgium 37 contributions 23903 visits
The European Commission (“EC”) has long sought to eliminate so-called harmful tax competition, which it sees as undermining the integrity of the internal market, fair competition and the fiscal sustainability of the Member States. Although the EU Member States remain sovereign in this area, over (...)

Procedures

 The US DoJ files a motion clarifying certain provisions and extends the consent decree due to violations of the final judgement in the entertainment sector (Ticketmaster)
Wolters Kluwer (Riverwoods)
United States 78 contributions 34500 visits
US MOVES TO MODIFY, EXTEND ANTITRUST CONSENT DECREE WITH LIVE NATION / TICKETMASTER* Consent decree reform has been a hallmark of the Makan Delrahim Antitrust Division. For two years, the head of the Department of Justice Antitrust Division has undertaken efforts to terminate legacy consent (...)

The Dutch Competition Authority imposes a fine of €1.84 million against a company for obstructing an on-the-spot inspection (WhatsApp)
ACTECON (Istanbul)
Turquie 3 contributions 877 visites
ACM HAS IMPOSED A FINE OF 1.84 MILLION EUROS FOR DELETING WHATSAPP CHAT CONVERSATIONS DURING A DAWN RAID* Dawn raids may become a nerve-racking experience for companies that are under scrutiny of competition authorities and their employees. During a dawn raid, which is performed without prior (...)

The Dutch Competition Authority imposes a fine of €1.84 million on a company for obstructing and deleting chat conversations during a dawn raid (WhatsApp)
Netherlands Authority for Consumers & Markets (The Hague)
Netherlands 92 contributions 10745 visits
ACM HAS IMPOSED A FINE OF 1.84 MILLION EUROS FOR DELETING WHATSAPP CHAT CONVERSATIONS DURING A DAWN RAID* The Netherlands Authority for Consumers and Markets (ACM) has imposed a fine on a company for obstructing an ACM investigation. During a recent dawn raid, employees of the company under (...)

The Vice-President Margrethe Vestager announces the intention to launch the review of the Commission Notice on the definition of relevant market
Gomez Acebo & Pombo (Brussels)
Belgium 45 contributions 12057 visits
,
Gomez Acebo & Pombo (Brussels)
Belgium 49 contributions 13432 visits
,
Gomez Acebo & Pombo (Brussels)
Belgium 44 contributions 12008 visits
On 9 December 2019, the Commission’s Executive Vice-President Margrethe Vestager announced the Commission’s intention to launch the review of the Commission Notice on the definition of relevant market for the purposes of Community competition law (‘the Notice’). The Notice dates back from 1997 and (...)

The Swedish Competition Authority initiates a market study on competition law in the Swedish markets for digital platforms
Swedish Competition Authority (Stockholm)
Sweden 33 contributions 3445 visits
MARKET STUDY OF DIGITAL PLATFORMS* The Swedish Competition Authority is initiating a market study into competition on the markets for digital platforms in Sweden. This includes, for example, digital advertising, food delivery, audiobooks, and digital payment services. The study will illuminate (...)

The Higher Regional Court of Düsseldorf suspends the decision of the German Competition Authority which prevented data gathering practices from a social network company (Facebook)
Ashurst (Frankfurt)
Germany 2 contributions 1670 visits
,
Ashurst (London)
United Kingdom 1 contribution 476 visits
On 26 August 2019, the Higher Regional Court in Düsseldorf suspended the German Federal Cartel Office’s (’FCO’ or Bundeskartellamt) decision to prevent Facebook from combining user data from various sources such as Facebook, Instagram, WhatsApp and unrelated sites that use Facebook analytics and (...)

The Higher Regional Court of Düsseldorf grants a social network company the suspensive effect to an appeal in an interim decision (Facebook)
Cleary Gottlieb Steen & Hamilton (Brussels)
Belgium 1 contribution 2172 visits
,
Cleary Gottlieb Steen & Hamilton (Frankfurt)
Germany 1 contribution 2172 visits
,
Cleary Gottlieb Steen & Hamilton (Cologne)
Germany 1 contribution 2172 visits
In February of this year the German antitrust agency, the Federal Cartel Office, issued a decision against Facebook regarding their handling of user data. Facebook appealed and on August 26, 2019, the Düsseldorf Court of Appeal in an interim decision granted suspensive effect to Facebook’s (...)

The Higher Regional Court of Düsseldorf suspends an order of the German Competition Authority on an alleged abuse of dominance in the social networks (Facebook)
Baker Botts (London)
United Kingdom 3 contributions 888 visits
,
Baker Botts (Washington)
United States 11 contributions 8985 visits
,
Baker Botts (Brussels)
Belgium 6 contributions 7607 visits
…
On 26 August 2019, a German appeal court suspended an order of the German competition authority (the “FCO”) which had found that Facebook’s data processing practices in Germany constituted an abuse of dominance in breach of German antitrust rules (the “decision”). Expressing serious doubts as to the (...)

The U.S. Supreme Court rejects an attempt to block consumer claims against a big tech company under indirect purchaser rule (Apple / Pepper)
Constantine Cannon (New York)
United States 1 contribution 1704 visits
Apple v. Pepper: Supreme Court Rejects Attempt to Block Consumer Claims Under Indirect-Purchaser Rule* The Supreme Court on Monday issued a much-anticipated decision in the Apple v. Pepper case, where iPhone owners are accusing Apple of monopolizing the retail market for iOS applications, or (...)

The U.S. Supreme Court rejects an attempt to block consumer claims against a big tech company under the indirect-purchaser rule (Apple / Pepper)
Jones Day (Sillicon Valley)
États-Unis 7 contributions 3154 visites
,
Jones Day (Houston)
États-Unis 26 contributions 12657 visites
,
Jones Day (Los Angeles)
United States 1 contribution 724 visits
…
In May 2019, the U.S. Supreme Court issued a 5–4 decision in Apple v. Pepper, one of the Court’s most significant antitrust rulings of the last several years. In a majority opinion authored by Justice Kavanaugh, the Court held that iPhone owners who purchased software applications (“apps”) from (...)

The U.S. Supreme Court holds that the claims of consumers purchasing apps from a big tech app store may proceed as they are direct purchasers of the big tech company (Apple / Pepper)
Covington & Burling (Washington)
United States 3 contributions 7286 visits
Appellate and Supreme Court On May 13, 2019, the Supreme Court (“the Court”) announced its 5-4 decision in Apple, Inc. v. Pepper, permitting iPhone users to proceed with an antitrust suit against Apple alleging that it monopolized the retail market for iPhone apps. The Court emphasized that it (...)

The Italian Competition Authority signs a memorandum of understanding with the Italian Communication Authority concerning several aspects of their cooperation in the application of the rules to protect the consumer in electronic communications markets
McDermott Will & Emery (Paris)
France 106 contributions 29663 visits
Unfair Commercial Practices – The Italian Competition Authority and The Italian Communication Authority Sign a Memorandum of Understanding* On 13 January 2017, the Italian Competition Authority (AGCM) and the Italian Communication Authority (AGCOM) signed a memorandum of understanding (...)

The Bulgarian Supreme Administrative Court confirms Commission’s decision ordering for a transportation company to suspend operations in Bulgaria for immediate enforcement (Uber)
Avon (Sofia)
Bulgaria 8 contributions 2334 visits
On September 23, 2015 the five-member panel of the Bulgarian Supreme Administrative Court confirmed the decision of the Commission on Protection of Competition for immediate enforcement of the decision ordering for Uber to suspend operations in Bulgaria. On June 30, 2015, the CPC adopted its (...)

Regulations

 The German Ministry for Economic Affairs and Energy publishes the draft bill on the 10th amendment to the German Act against restraints of competition
Morgan Lewis (Frankfurt)
Germany 3 contributions 909 visits
,
Morgan Lewis (Frankfurt)
Germany 2 contributions 452 visits
The German Ministry for Economic Affairs and Energy has published the draft bill on the 10th amendment to the German Act against Restraints of Competition, which includes a proposal for the revision of abuse control in Germany. Such revision would be of high relevance for undertakings in the (...)

The German Competition Authority issues a study on algorithms and competition
German Competition Authority (Bonn)
Germany 266 contributions 49064 visits
Bundeskartellamt publication on “Algorithms and Competition“* Bonn, 16 January 2020: As a follow up to its joint study with the French Autorité de la concurrence on Algorithms and Competition the Bundeskartellamt has published a new paper on this theme. The paper appears in the Bundeskartellamt’s (...)

The Indian Competition Authority publishes a report on its market study on e-Commerce in India and focuses on the three broad categories of e-commerce in consumer goods, accommodation services, and food services
Shardul Amarchand Mangaldas (New Delhi)
India 30 contributions 6435 visits
,
Shardul Amarchand Mangaldas (Mumbai)
India 42 contributions 8108 visits
,
Shardul Amarchand Mangaldas (New Delhi)
India 31 contributions 6449 visits
…
The CCI published a report on its Market Study on E-Commerce in India. The Study focused on the three broad categories of e-commerce in consumer goods, accommodation services and food services. After giving an overview of trends in and features of e-commerce, the CCI identified and discussed (...)

The Indian Competition Authority releases a market study on e-commerce
National Law University (Punjab)
2 contributions 308 visits
Introduction In April 2019, the Competition Commission of India (“Commission”) had announced a market study into the functioning of ‘E-Commerce’ in India. The focus area of the study was to gather information relating to “trends, practices and issues” which are relevant to the fair and competitive (...)

The Indian Competition Authority publishes a market study on e-commerce platforms
Trilegal (Mumbai)
4 contributions 1598 visits
,
Trilegal (Bengalore)
India 4 contributions 1598 visits
,
Trilegal (Mumbai)
4 contributions 1598 visits
The growth of e-commerce and online marketplaces has had a significant impact on businesses and consumer behaviour. Competition authorities worldwide are increasingly focused on assessing competition concerns on online platforms, including United Kingdom (UK), Australia, the European Commission (...)

The Canadian Competition Bureau announces that agencies and brands involved in influencer marketing have to comply with the Competition Act
Steve Szentesi Law Corporation (Vancouver)
Canada 51 contributions 9767 visits
INFLUENCER ADVERTISING: COMPETITION BUREAU INCREASES PRESSURE ON BRANDS AND AGENCIES TO COMPLY WITH THE COMPETITION ACT* Practical Law Canada has published a New Legal Update, which discusses the Competition Bureau’s new guidelines for influencer advertising. While the Bureau’s new guidelines (...)

The German Competition Authority issues report related to Common Understanding of G7 competition authorities on competition and the digital economy
German Competition Authority (Bonn)
Germany 266 contributions 49063 visits
Common Understanding on competition in the digital economy* The competition authorities of the G7 countries (Canada, France, Germany, Italy, Japan, United Kingdom, USA), together with the European Commission, have today presented the Common Understanding they have reached on the issues raised (...)

The Italian Competition Authority issues with two others Italian authorities guidelines and recommendations related to policies for Big Data
Italian Competition Authority (Rome)
Italy 18 contributions 3802 visits
Big data: the guidelines and recommendations of policies shared by the three Authorities* The Italian Competition Authority, the Authority for the Communications Guarantees and the Authority for the protection of personal data have published the guidelines and recommendations of policies for (...)

The Italian Competition Authorities publish guidelines and policy recommendations for big data aimed to understand the implications that developments in digital economy have for antitrust, regulation and consumer protection
Ashurst (Brussels)
Belgium 1 contribution 48 visits
,
Ashurst (Milan)
United States 94 contributions 19803 visits
BIG DATA: ITALIAN AUTHORITIES PUBLISHED GUIDELINES AND POLICY RECOMMENDATION ON COMPETITION, CONSUMER PROTECTION AND DATA PRIVACY ISSUES* Introduction On July 10, 2019, the Italian Competition Authority (“ICA”), the Authority for the Communications Guarantees (“AGcom”), and the Authority for the (...)

The French Competition Authority announces that seven regulators have published a joint memo of their common approach to data-driven regulation
French Competition Authority (Paris)
France 518 contributions 163483 visits
Cooperation between regulators* Seven regulators publish the fruit of their common approach to data-driven regulation Data-driven regulation, an additional tool for regulators In this era of unceasing innovation, regulators rely more and more on the collection, utilisation and publication of (...)

The German Competition Authority publishes an annual report 2018 and a biannual activity report 2017/2018
Van Bael & Bellis (Brussels)
Belgium 209 contributions 32739 visits
On 27 June 2019, the German Federal Cartel Office (“FCO”) published its annual report 2018 and biannual activity report 2017/2018. The reports include statistics on the total amounts of fines, leniency applications and merger pro-ceedings, describe the FCO’s policies and the key cases which the (...)

The OECD holds a roundtable on the digital disruption in financial markets
OECD - Competition Division
266 contributions 548674 visits
The financial sector has been the object of many innovations in recent years, with significant impact on consumers and on regulation. Retail banking is no longer solely branch-based, but can be conducted in many ways, including using mobile telephones. Banks have had to adapt their business (...)

The German Competition Authority issues its final report on inquiry into comparison websites
German Competition Authority (Bonn)
Germany 266 contributions 49063 visits
Sector inquiry on comparison websites - Bundeskartellamt wants to terminate infringements of consumer rights and demands new competences* Today the Bundeskartellamt has published the final report on its inquiry into comparison websites. Andreas Mundt, President of the Bundeskartellamt: (...)

The EU Commission publishes a report on competition policy for the digital sector
Hogan Lovells (Brussels)
Belgium 2 contributions 1661 visits
,
Hogan Lovells (Brussels)
Belgium 2 contributions 333 visits
,
Hogan Lovells (Brussels)
Belgium 3 contributions 6616 visits
On 4 April 2019, the European Commission published the much anticipated Report Competition Policy for the digital era (hereinafter referred to as the "Report"). Authored by a panel of special advisers (all academics) appointed by Competition Commissioner, Margrethe Vestager, the Report explores (...)

The EU Commission publishes a report on competition policy for the digital era
Simmons & Simmons (London)
United Kingdom 16 contributions 5747 visits
,
Simmons & Simmons (London)
United Kingdom 7 contributions 4432 visits
,
Simmons & Simmons (London)
United Kingdom 4 contributions 1711 visits
On 04 April 2019, the European Commission (EC) published a report commissioned by the EU’s Competition Commissioner, Margrethe Vestager. The report looks at how competition policy should continue to evolve in the digital age and is written jointly by an economist, a lawyer and an engineer. The (...)

The EU Commission publishes a report on competition policy for the digital era
Norton Rose Fulbright (Brussels)
Belgium 13 contributions 4984 visits
“Digital Era” Report Bolsters Commissioner Vestager’s Digital Legacy* On April 4, 2019, the European Commission published a report by Jacques Crémer, Yves-Alexandre de Montjoye, and Heike Schweitzer on competition policy for the digital era (the Digital Era Re port, or the Report), the culmination (...)

The U.S. FTC announces the launch of a new Technology Task Force to investigate anticompetitive conduct, review past transactions, and contribute to pending merger reviews
McDermott Will & Emery (Washington)
United States 3 contributions 500 visits
,
McDermott Will & Emery (Washington)
United States 19 contributions 1054 visits
THE LATEST: FTC’s New “Technology Task Force” Has Broad Mandate Including Review of Consummated Transactions* The US Federal Trade Commission’s (FTC) Bureau of Competition announced the launch of a new Technology Task Force that will investigate anticompetitive conduct, review past transactions, (...)

The French Competition Authority takes into account the emergence of online video platforms in its opinion on the audiovisual sector
French Competition Authority (Paris)
France 518 contributions 163483 visits
Audiovisual sector* In the context of the reform of the audiovisual sector, the Committee on Cultural Affairs and Education of the French National Assembly (Assemblée nationale) referred this matter to the Autorité de la concurrence, which today delivers its opinion. In the face of the digital (...)

The Finnish Competition Authority issues a report on competition in data economy
Finnish Competition and Consumer Authority (Helsinki)
Finland 39 contributions 5292 visits
FCCA: Competition and consumer protection are fundamental to data economy* With the market for digital products and services is growing, the functionality of competition and consumer protection are important considerations. A report by the Finnish Competition and Consumer Authority (FCCA), (...)

The EU Commission hosts conference to address the challenges of digitization for competition policy
Callol, Coca & Asociados (Madrid)
Spain 49 contributions 31820 visits
,
Callol, Coca & Asociados (Madrid)
Spain 2 contributions 708 visits
“Shaping Competition Policy in the era of digitization”: The European Commission hosts a conference with academic and business leaders to address the challenges of digitization for competition policy. On 17 January 2019, the European Commission hosted an experts conference to address the (...)

The EU Commission publishes draft legislation for regulating online platforms and search engines
Latham & Watkins (Brussels)
Belgium 8 contributions 3438 visits
,
Latham & Watkins (Brussels)
Belgium 3 contributions 207 visits
,
Latham & Watkins (Brussels)
Belgium 1 contribution 73 visits
…
New proposed EC Regulation would impose transparency obligations vis-à-vis business users and introduces collective redress. Background Businesses increasingly use online platforms and search engines to reach consumers. The European Commission believes that situations of dependency enable (...)

The EU Parliament and EU Council adopt geo-blocking regulation
McDermott Will & Emery (Brussels)
Belgium 35 contributions 2926 visits
,
McDermott Will & Emery (Paris)
France 106 contributions 29663 visits
,
McDermott Will & Emery (Brussels)
Belgium 35 contributions 2919 visits
The so-called Geo-Blocking Regulation, Regulation (EU) 2018/302, became directly applicable throughout the European Union on 3 December 2018. The Regulation is part of the European Union’s single market strategy to enable consumers and businesses to benefit fully from the opportunities offered (...)

The EU Parliament and EU Council adopt ban on unjustified geo-blocking regulation
Latham & Watkins (Brussels)
Belgium 8 contributions 3438 visits
,
Latham & Watkins (Brussels)
Belgium 3 contributions 207 visits
,
Latham & Watkins (Brussels)
Belgium 14 contributions 4109 visits
EU Adopts Ban on Unjustified Geo-Blocking* The new EU geo-blocking regulation prohibits unjustified geo-blocking. Businesses selling online should review carefully their terms and sales organization to ensure compliance. On 27 February 2018, the European Union (EU) adopted the EU geo-blocking (...)

The Australian Competition Authority launches an inquiry into digital platforms
Australian Competition and Consumer Commission (Canberra)
Australia 115 contributions 12613 visits
ACCC commences inquiry into digital platforms* The Federal Government has today formally directed the ACCC to commence an inquiry into digital platform providers such as Facebook and Google. The ACCC’s inquiry will look at the effect that digital search engines, social media platforms and (...)