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.

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Keystone Strategy (London)
United Kingdom 33 contributions 74280 visits

Anticompetitive practices

 The Italian Competition Authority initiates a proceeding against the sale of a generic drug for the treatment of HIV infections sold as a remedy to fight the COVID-19 virus (Kaletra) Free
University of Turin (Turin)
Italy 7 contributions 8407 visits
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Studio Legale Bichiri (Turin)
Italy 1 contribution 396 visits
1.Introduction The spread of the Covid-19 pandemic is unfortunately accompanied by the equally rapid one of unfair commercial practices in Italy. A worrying scenario, also for potential, serious effects on people’s health, on which the Italian Competition Authority (‘ICA’) continues to keep the (...)

The French Competition Authority fines a big tech and its wholesalers a record €1.24 billion for engaging in three anticompetitive practices with its distributors in the retail market of its products (Apple / Tech Data / Ingram Micro)
Vaillant Group (Paris)
22 contributions 3071 visits
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Bird & Bird (Paris)
France 23 contributions 2904 visits
On 16 March 2020, the French Competition Authority (FCA) imposed a €1.1 billion fine on Apple, the highest fine ever handed out to a company. The FCA considered that Apple had engaged in three anticompetitive practices with its distributors in the retail market for Apple products (excluding (...)

The French Competition Authority fines a big tech and its wholesalers a record €1.24 billion for engaging in restriction of resale opportunities, coordinating on prices and imposing unfair terms on its retailers (Apple / Tech Data / Ingram Micro)
Van Bael & Bellis (Brussels)
Belgium 162 contributions 54192 visits
According to a press release of 16 March 2020, the French Competition Authority (the “FCA”) imposed a record-breaking fine of € 1.1 billion on Apple for anticompetitive practices in the distribution of Apple products (excluding iPhones). These practices included: (i) restricting resale (...)

The French Competition Authority fines a Big Tech company and its wholesalers for engaging in anticompetitive agreements within its distribution network and for abuse of a situation of economic dependency concerning its premium independent distributors (Apple / Tech Data / Ingram Micro)
French Competition Authority (Paris)
France 709 contributions 361732 visits
Fines handed down to Apple, Tech Data and Ingram Micro* The Autorité de la concurrence hands out fines totalling €1,1 billion to Apple for engaging in anticompetitive agreements within its distribution network and abuse of a situation of economic dependency with regard to its “premium” (...)

The French Competition Authority publishes its contribution to the competition policy debate in light of the digital economy challenge
French Competition Authority (Paris)
France 709 contributions 361732 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 levies $1.3 million fine for alleged misleading representations in online sales of event tickets (Stubhub)
Journal of Parliamentary and Political Law (Ottawa)
44 contributions 18813 visits
Introduction There are no rock bottom bargains on offer at StubHub Canada Ltd as Canadian consumers found out the hard way, falling victim to a possible case of drip pricing. StubHub Canada Ltd is a subsidiary of StubHub Inc, an American exchange and resale ticket company that offers services (...)

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 55 contributions 14039 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 Polish Competition Authority imposes a fine on a manufacturer of office equipment who set minimum online sale prices for its printers (Brother)
Bird & Bird (Warsaw)
Poland 19 contributions 2720 visits
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Bird & Bird (Warsaw)
Poland 19 contributions 2720 visits
In February 2020, the Polish Competition Authority (“UOKiK”) announced that in December 2019 it imposed a PLN 1.4 million fine on Brother Central & Eastern Europe (“Brother”), a manufacturer of office equipment, which set minimum online sale prices for printers. Between 2010 and 2017, Brother (...)

The Polish Competition Authority imposes a €325,000 fine on an office equipment maker for engaging in online retail price maintenance (Brother)
Van Bael & Bellis (Brussels)
Belgium 162 contributions 54192 visits
On 11 February 2020, the Polish Office of Competition and Consumer Protection (the “UOKIK”) imposed a fine of PLN 1.4 million (approximately € 325,000) on office equipment maker Brother for online retail price maintenance (“RPM”). The UOKIK’s decision explains that, between the years 2010 and 2017, (...)

The UK Court of Appeal rejects an appeal against a judgment of the CAT which upheld the Competition Authority’s decision finding the online sales ban of a company’s custom-fitted golf clubs to be an unjustified restriction (Ping)
Van Bael & Bellis (Brussels)
Belgium 162 contributions 54192 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 investigates allegations of anti-competitive agreements between e-commerce marketplaces (Amazon / Flipkart)
Shardul Amarchand Mangaldas (New Delhi)
India 60 contributions 16619 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 63 contributions 17437 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 66 contributions 18290 visits
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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 French Competition Authority publishes its priorities for 2020 which includes the competition issues in the digital sector and a focus on the environment and sustainable development
Bird & Bird (Paris)
France 23 contributions 2904 visits
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Vaillant Group (Paris)
22 contributions 3071 visits
The French Competition Authority (“FCA”) published in mid-January its priorities for 2020 which include in particular the competition issues in the digital sector, a focus on the environment and sustainable development, competition advocacy with a strong focus on trade associations and unions and (...)

The Swedish Competition Authority issues a 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 162 contributions 54192 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 162 contributions 54192 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)
Journal of Parliamentary and Political Law (Ottawa)
44 contributions 18813 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 Authority orders an investigation against online travel agencies for possible abuse of dominance and for imposing vertical restrictions (Federation of Hotel & Restaurant Associations of India / MMT-Go)
Trilegal (Mumbai)
India 8 contributions 6129 visits
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Trilegal (Bangalore)
India 5 contributions 3545 visits
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Trilegal (Mumbai)
India 8 contributions 6129 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 Competition Authority recommends closing an administrative inquiry that investigates potential anticompetitive conduct in the transmission of sensitive information among competitors in the payment market
Vinicius Marques de Carvalho Advogados (VMCA) (Sao Paulo)
1 contribution 223 visits
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Vinicius Marques de Carvalho Advogados (VMCA) (Sao Paulo)
Brazil 9 contributions 2737 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 Canadian Competition Authority issues a call for information from the Country’s business community about conduct in the digital economy that may be harmful to competition
Canadian Competition Bureau (Gatineau)
Canada 52 contributions 8057 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 Authority fines a manufacturer of sports products for vertical price fixing with dealers (Stöckli)
Lenz & Staehelin (Zurich)
Switzerland 9 contributions 2224 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 on a piano supplier for online resale price maintenance (Casio)
Van Bael & Bellis (Brussels)
Belgium 162 contributions 54192 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 709 contributions 361732 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 publishes its report regarding the public consultation on the vertical block exemption regulation
Bird & Bird (The Hague)
Netherlands 34 contributions 7728 visits
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Bird & Bird (The Hague)
Netherlands 11 contributions 4601 visits
The growth of e-commerce over the last decade has had a significant impact on the market. Trends like the increased importance of online sales and the emergence of new market players such as online platforms significantly affected the distribution and pricing strategies of both manufacturers (...)

The EU Commission opens investigation into the allegedly anticompetitive conduct of a multinational online platform focused on e-commerce (Amazon)
European Commission - DG COMP (Brussels)
Belgium 1229 contributions 2525519 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 Authority investigates an alleged anticompetitive agreement in the e-commerce sector for having implemented vertical restraints (Hepsiburada / Anka Mobil)
Erdem & Erdem (Istanbul)
Turkey 66 contributions 75305 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 3392 visits
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Crowell & Moring (London)
United Kingdom 16 contributions 9445 visits
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Simmons & Simmons (London)
United Kingdom 7 contributions 7229 visits
What is the Study about? The Study is broad in scope and aims to examine three potential sources of harm in connection with the digital advertising market: i) to what extent online platforms have market power in user-facing markets and what impact this has on consumers; ii) whether consumers (...)

The French Competition Authority fines a bicycle manufacturer €250.000 for online sale restrictions (Bikeurope / Trek Bicycle)
Van Bael & Bellis (Brussels)
Belgium 162 contributions 54192 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 106 contributions 26028 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 Lithuanian Competition Authority terminates an investigation into an alleged bid-rigging in the public tender for software update and license renewal services among three IT services providers (Asseco Lietuva / Atea / IT&T Systems)
Lithuanian Competition Authority (Vilnius)
Lithuania 1 contribution 52 visits
Konkurencijos taryba has terminated investigation into the alleged bid-rigging in the public tender for software upgrade and license renewal services among three IT service providers. On 12 June 2019 the investigation was initiated following allegations that Asseco Lietuva, Atea and IT&T (...)

The Hungarian Competition Authority fines several companies for price coordination through the use of online cash registers (IPSZOI / PayPal)
Hungarian Competition Authority (Budapest)
Hungary 85 contributions 17302 visits
The competition supervision procedure initiated against PayPal has ended with the acceptance of commitments* The Gazdasági Versenyhivatal (the Hungarian Competition Authority, GVH) accepted the commitments of the online payment method provider, PayPal. On the basis of the commitments, the (...)

The Dusseldorf Higher Regional Court overturns the Competition Authority’s prohibition of narrow best price clauses (Booking.com)
Van Bael & Bellis (Brussels)
Belgium 162 contributions 54192 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 Düsseldorf Higher Regional Court overturns the German Competition Authority’s decision which sanctioned price parity clauses between hotel platforms and hotel operators (Booking.com)
Bird & Bird (Dusseldorf)
Germany 21 contributions 2251 visits
On 4 June 2019, the Higher Regional Court of Düsseldorf ruled that price parity clauses which prohibit hotel operators to offer lower room prices on their homepages compared to the prices offered on the booking platform are valid – overruling the decision of the German Federal Cartel Office (...)

The Düsseldorf Higher Regional Court quashes the Competition Authority’s decision and finds a most favoured nation clause compatible with antitrust law for a hotel booking platform (Booking.com)
Heinz & Zagrosek (Köln)
Germany 23 contributions 12890 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 German Competition Authority launches a customer protection related sector inquiry into online user reviews
Bird & Bird (Dusseldorf)
Germany 21 contributions 2251 visits
In its press release of 29 May 2019 the German Federal Cartel Office ("FCO") announced the launch of another customer protection related sector inquiry into online user reviews. In view of the FCO’s new competences regarding consumer protection which were implemented in the German Act against (...)

The Hungarian Competition Authority fines a retailer for fixing the online retail prices of its products (Husqvarna Magyarország)
Hungarian Competition Authority (Budapest)
Hungary 85 contributions 17302 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 Danish Competition Authority increases its focus on digital platforms and establishes a new center for this matter
Bird & Bird (Copenhagen)
Denmark 36 contributions 7043 visits
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Bird & Bird (Copenhagen)
Denmark 23 contributions 2225 visits
On 1 May 2019, the Danish Competition Authority ("DCA") increased its focus on digital platforms by establishing a new center for this matter. The DCA has found it necessary to establish this center as digital platforms play an increasing role in trade with goods and services. The purpose of (...)

The Danish Competition Authority announces that 45 retail and online stores received injections to remove all illegal payment-card fees that were being charged to consumers
Bird & Bird (Copenhagen)
Denmark 36 contributions 7043 visits
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Bird & Bird (Copenhagen)
Denmark 23 contributions 2225 visits
On 5 April 2019, the Danish Competition and Consumer Authority ("Authority") announced that 45 retail and online stores (including pharmacies, shops, cafés, restaurants and online stores) have received injunctions from the Authority to remove all illegal payment-card fees they were charging (...)

The EU Commission sends a statement of objections regarding the alleged geo-blocking of PC video games (Valve / Focus Home / Koch Media / ZeniMax / Bandai Namco / Capcom)
Van Bael & Bellis (Brussels)
Belgium 162 contributions 54192 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 UK Competition Authority launches an investigation into online gaming companies’ roll-over contracts
Simmons & Simmons (London)
United Kingdom 2 contributions 992 visits
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Crowell & Moring (London)
United Kingdom 16 contributions 9445 visits
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Simmons & Simmons (London)
United Kingdom 7 contributions 7229 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 fines a company for restricting the cross-border and online sales of branded merchandise by its European licensees (Nike)
Crowell & Moring (Brussels)
Belgium 2 contributions 2228 visits
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Bristows (Brussels)
Belgium 2 contributions 4523 visits
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
Court of First Instance of Namur (Namur)
Belgium 225 contributions 45476 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 a lack of witnesses and manufacturers’ distribution rights (Jasper Infotech / Kaff Appliances)
Vaish Associates Advocates (New Delhi)
India 263 contributions 40056 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 Czech Competition Authority imposes a fine of €322.000 on an undertaking for infringing national competition law by concluding illegal vertical agreements with accommodation establishments (Booking.com)
Bird & Bird (Prague)
Czech Republic 25 contributions 3957 visits
On 18 December 2018, the Czech Office for the Protection of Competition ("Czech NCA") announced in a press release imposing a fine of in total CZK 8,336,000 (approx. EUR 322,000) on Booking.com for infringing the Act on the Protection of Competition by concluding illegal vertical agreements (...)

The Paris Court of Appeal specifies that a manufacturer in the electronic product market has the right to deny access to its selective distribution network to an applicant distributor (Concurrence / Sony)
Freshfields Bruckhaus Deringer (Paris)
France 2 contributions 1795 visits
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Osborne Clarke (Paris)
France 4 contributions 4811 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 to restrain trade (United American Corp / Bitmain)
Constantine Cannon (New York)
United States 2 contributions 542 visits
The First Blockchain Antitrust Case. Or Is It?* Legal professionals paying close attention to the still nascent world of blockchains and cyptocurrencies are following what is considered to be the first antitrust case involving cryptocurrencies. For enthusiasts, United American Corp. v. (...)

The Indian Competition Authority dismisses cartel allegations against taxi app drivers on the basis that they were following the algorithm pricing and not actively colluding to fix prices (Samir Agrawal / ANI Technologies / Uber India)
Vaish Associates Advocates (New Delhi)
India 263 contributions 40056 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 that it is investigating an e-commerce platform’s use of third-party data as part of a wider probe into its business practices (Amazon)
Simmons & Simmons (London)
United Kingdom 2 contributions 1898 visits
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Pinsent Masons (London)
United Kingdom 2 contributions 2397 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 four electronic manufacturers for fixing minimum resale prices for online retailers (Asus / Denon & Marantz / Philips / Pioneer)
K&L Gates (Houston)
United States 1 contribution 269 visits
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K&L Gates (Sidney)
Australia 3 contributions 719 visits
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K&L Gates (Boston)
1 contribution 269 visits
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This article has been nominated for the 2019 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On 24 July 2018, in four separate decisions, the European Commission (“Commission”) levied fines totalling EUR 111 million on four well-known manufacturers of (...)

The EU Commission fines manufacturers of electronic goods for resale price maintenance (Asus / Denon & Marantz / Philips / Pioneer)
McDermott Will & Emery (Brussels)
Belgium 42 contributions 6860 visits
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McDermott Will & Emery (Paris)
France 119 contributions 60884 visits
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Norton Rose Fulbright (Brussels)
Belgium 37 contributions 6509 visits
Vertical restrictions, including resale price maintenance (RPM), have not generally been an EC enforcement priority over the last 10 years, but a series of rulings in July 2018 signalled a potential change in that trend. Although the EC considers RPM to be a “hardcore restriction” of (...)

The Frankfurt Higher Regional Court finds that a luxury perfume provider can prohibit unauthorized distribution over third-party websites (Coty Germany / Parfümerie Akzente)
McDermott Will & Emery (Brussels)
Belgium 42 contributions 6860 visits
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McDermott Will & Emery (Paris)
France 119 contributions 60884 visits
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Norton Rose Fulbright (Brussels)
Belgium 37 contributions 6509 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 Government and several States regarding a two-sided platform (American Express)
King & Wood Mallesons (Melbourne)
Australia 2 contributions 408 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 (American Express)
Weil, Gotshal & Manges (Washington)
United States 1 contribution 147 visits
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Weil, Gotshal & Manges (Washington)
United States 3 contributions 527 visits
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 EU Commission proposes legislation to increase fairness and transparency on online platforms
Court of First Instance of Namur (Namur)
Belgium 225 contributions 45476 visits
On 26 April 2018, the European Commission proposed a new Regulation on promoting fairness and transparency for business users of online intermediation services (the “Proposed Regulation”). The Proposed Regulation aims to address business practices which are likely to be harmful to business users (...)

The Hamburg Higher Regional Court finds that a ban on selling products through online platforms can be justified if its objective is to preserve product image and ensure personal consultation with customers in the light of the Coty judgment (Aloe2Go)
McDermott Will & Emery (Brussels)
Belgium 42 contributions 6860 visits
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McDermott Will & Emery (Paris)
France 119 contributions 60884 visits
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Norton Rose Fulbright (Brussels)
Belgium 37 contributions 6509 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 Authority 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 (Istanbul)
Turkey 21 contributions 5013 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 151 contributions 69617 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 Dusseldorf Higher Regional Court finds that sellers of high-quality cosmetics cannot invoke exhaustion of rights under the EU Trademark Regulation if they have not presented the products in a way that avoids impairment of the brand’s reputation (Kanebo)
McDermott Will & Emery (Brussels)
Belgium 42 contributions 6860 visits
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McDermott Will & Emery (Paris)
France 119 contributions 60884 visits
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Norton Rose Fulbright (Brussels)
Belgium 37 contributions 6509 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 422 contributions 106263 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 a general prohibition for retailers to use price comparison engines is illegal (Asics)
German Competition Authority (Bonn)
Germany 422 contributions 106263 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 a restriction imposed on an authorised retailer not to sell goods through online third-party platforms does not constitute an infringement (Coty Germany / Parfümerie Akzente)
Herbert Smith Freehills (Brussels)
Belgium 97 contributions 65937 visits
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Herbert Smith Freehills (London)
United Kingdom 13 contributions 2594 visits
In its hotly anticipated ruling in the Coty case, the Court of Justice of the EU (CJEU) has held today that, in the context of a selective distribution system, a restriction imposed on an authorised retailer not to sell the goods through online third-party platforms does not infringe Article (...)

The EU Court of Justice holds that suppliers of luxury goods may under certain conditions restrict authorised retailers in a selective distribution system not to sell their goods via third-party online platforms to preserve their products’ ‘luxury image’ (Coty Germany / Parfümerie Akzente)
Hogan Lovells (Munich)
Germany 30 contributions 22775 visits
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European Court of Justice (Luxembourg)
Luxembourg 3 contributions 2024 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 rules in favour of restrictions on the use of platforms in a selective distribution system (Coty Germany / Parfümerie Akzente)
King’s College (London)
Belgium 13 contributions 9123 visits
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Willkie Farr & Gallagher (Brussels)
Belgium 3 contributions 1542 visits
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Solarisbank AG (Berlin)
3 contributions 1454 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 422 contributions 106263 visits
Bundeskartellamt launches sector inquiry into comparison websites* The Bundeskartellamt has launched a sector inquiry into "online price comparison websites". Andreas Mundt, President of the Bundeskartellamt: "Every day millions of consumers gather information by using price comparison (...)

The French Supreme Court refers a case regarding an online sales ban back to the Paris Court of Appeal without waiting for an upcoming ruling of the EU Court of Justice on a similar case (Caudalie / eNova Santé)
Van Bael & Bellis (Brussels)
Belgium 162 contributions 54192 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 Authority publishes its reasoned decision regarding the preliminary investigation on the allegations that a white goods manufacturer restricted the online sales of its dealers (BSH)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 151 contributions 69617 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 21 contributions 5013 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 34 contributions 5398 visits
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Milbank (London)
United Kingdom 21 contributions 11670 visits
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McDermott Will & Emery (Dusseldorf)
Germany 15 contributions 6101 visits
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Azim Makanojiya founded Zaappaaz Inc. as a nineteen-year-old university student and quickly turned it into a multi-million dollar business. WHAT HAPPENED: On Tuesday, August 7, online retailer Zaappaaz Inc. and its twenty-nine-year-old president and founder, Azim Makanojiya, agreed to plead (...)

The EU Advocate General Wahl holds that suppliers of luxury goods may prohibit their authorized retailers from selling their goods via third-party internet platforms (Coty Germany)
De Gaulle, Fleurance & Associés (Paris)
France 4 contributions 485 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
European Court of Justice (Luxembourg)
Luxembourg 15 contributions 40308 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 its final e-commerce sector inquiry report
Van Bael & Bellis (Brussels)
Belgium 162 contributions 54192 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 162 contributions 54192 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 Dusseldorf Higher Regional Court confirms that a general prohibition for retailers to use price comparison engines violates competition law (Asics)
German Competition Authority (Bonn)
Germany 422 contributions 106263 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 Competition Authority against all prohibitions or restrictions imposed in relation to online sales made by traditional distributors (ASICS)
King’s College (London)
Belgium 13 contributions 9123 visits
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Willkie Farr & Gallagher (Brussels)
Belgium 3 contributions 1542 visits
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Solarisbank AG (Berlin)
3 contributions 1454 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
United Kingdom 38 contributions 32867 visits
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 24 contributions 6785 visits
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Latham & Watkins (Brussels)
Belgium 10 contributions 12364 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 161 contributions 43528 visits
A First Instance Commercial Court dismisses the lawsuit filed against Blablacar for unfair competition stating that Blablacar is a platform that focuses exclusively on private transport and is therefore not subject to transportation regulations (Judgement of the Commercial Court of 2 February (...)

The Turkish Competition Authority concludes its investigation against an online booking platform (Booking.com)
Erdem & Erdem (Istanbul)
Turkey 66 contributions 75305 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)
EFTA Surveillance Authority (Brussels)
Belgium 122 contributions 25330 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 2513 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 (ACM) (The Hague)
Netherlands 191 contributions 31599 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 a preliminary report in its e-commerce sector inquiry as a response to the rapid growth in online sales activity
Herbert Smith Freehills (Brussels)
Belgium 97 contributions 65937 visits
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Herbert Smith Freehills (London)
United Kingdom 13 contributions 2594 visits
Yesterday the Commission published the much anticipated preliminary report in its ecommerce sector inquiry. The report was initiated in response to rapid growth in online sales activity over recent years and signals renewed commitment on the part of the EU in enforcing the competition rules in (...)

The EU Commission publishes initial findings of e-commerce sector inquiry report
Bydgoszcz University of Technology and Life Sciences (UOKIK)
Poland 2 contributions 4172 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 EU Commission publishes the initial findings of its e-commerce sector inquiry
White & Case (Brussels)
Belgium 29 contributions 10915 visits
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Hogan Lovells (Brussels)
Belgium 18 contributions 8209 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 German Competition Authority declares that certain online banking rules violate EU and German competition law (Deutsche Kreditwirtschaft)
German Competition Authority (Bonn)
Germany 422 contributions 106263 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 objections to a golf equipment manufacturer for banning the sale of its golf clubs online (Ping)
McDermott Will & Emery (Paris)
France 119 contributions 60884 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)
Norton Rose Fulbright (Brussels)
Belgium 19 contributions 5241 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 Appeal submits preliminary reference on how to treat bans on sales via third-party internet platforms in selective distribution systems (Coty Germany)
Heinz & Zagrosek (Köln)
Germany 23 contributions 12890 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 Frankfurt Court of Appeal submits preliminary reference on how to treat bans on sales via third-party internet platforms in selective distribution systems (Coty Germany)
Reed Smith (Brussels)
Belgium 1 contribution 359 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 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 714 contributions 214419 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 422 contributions 106263 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 (Paris)
France 308 contributions 1201742 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 Commission (Athens)
Greece 104 contributions 14424 visits
HCC decides not to proceed with a formal investigation into BOOKING & EXPEDIA’s cooperation agreements with hotel businesses in Greece * The Hellenic Competition Commission (HCC) reviewed the revised parity terms in the agreements between online travel agencies (OTAs) BOOKING.COM and (...)

The UK Competition Authority closes its hotel online booking investigation (IHG / Expedia / Booking.com)
United Kingdom’s Competition Authority (CMA) (London)
United Kingdom 338 contributions 86522 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 sale activities of small and medium-sized authorised dealers (Asics)
German Competition Authority (Bonn)
Germany 422 contributions 106263 visits
Unlawful restriction of online sales of ASICS running shoes* The Bundeskartellamt has concluded its proceeding on anti-competitive clauses in the distribution system of ASICS Deutschland. The authority accuses ASICS of having restricted the online sales activities of small and medium-sized (...)

The EU Court of Justice Advocate General Szpunar issues opinion on circumstances where the use of an online booking system by travel agents may amount to a concerted practice (Eturas)
Ashurst (Milan)
Italy 102 contributions 28158 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 Court of Justice and several National Competition Authorities adopt decisions regarding Most Favoured Nation clauses and rebate schemes that are relevant and applicable in the context of ASEAN competition law (Booking.com / Post Danmark)
Rajah & Tann (Singapore)
Singapore 6 contributions 4395 visits
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8 contributions 4844 visits
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K&L Gates (Washington)
United States 1 contribution 575 visits
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This article has been nominated for the 2016 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Introduction As we move into the second half of the year, we examine two recent competition enforcement cases in Europe, and consider their relevance and (...)

The Italian Competition Authority issues a commitment decision and closes an investigation regarding contracts concluded between an online booking website and its partner hotels (Booking.com)
Giannino SI (Monserrato)
Italy 154 contributions 129479 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 Dusseldorf Higher Regional Court upholds the Competition Authority’s decision prohibiting the application of the "best price clause" in the online hotel booking sector (HRS)
German Competition Authority (Bonn)
Germany 422 contributions 106263 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 Indian Competition Authority initiates an investigation concerning resale price maintenance in the e-commerce sector (Jasper Infotech / KAFF Appliances)
Sarvada Legal (New Delhi)
2 contributions 423 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 on the "parity clauses" in the online hotel booking market (Booking.com)
European Commission (Brussels)
Belgium 714 contributions 214419 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 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)
Italy 102 contributions 28158 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 Authority reopens a previously closed OFT hotel online booking investigation (IHG / Expedia / Booking.com)
DLA Piper (London)
United Kingdom 25 contributions 18210 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 UK Competition Appeal Tribunal quashes a decision of the Competition Authority to accept commitments for failing to inform itself about the possible impact on price transparency of an obvious restriction on disclosure of price information in the online booking sector (Skyscanner)
Ashurst (Milan)
Italy 102 contributions 28158 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)
University of Groningen
Netherlands 8 contributions 4826 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 422 contributions 106263 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 (...)

The US District Court for the Southern District of New York 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 7328 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 in the online hotel booking sector (Booking.com / Expedia)
Chiomenti (Milano)
Italy 6 contributions 2016 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 US District Court for the Northern District of Texas 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)
Italy 102 contributions 28158 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 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 22 contributions 5010 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 UK Competition Authority accepts commitments from online travel agents enabling them and hotels to offer discounts on rates for hotel rooms (IHG / Expedia / Booking.com)
Ashurst (Milan)
Italy 102 contributions 28158 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 accepts commitments from online travel agents which permit them to offer hotel discounts (IHG / Expedia / Booking.com)
European Commission (Brussels)
Belgium 714 contributions 214419 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 German Competition Authority forbids a most favored nation clause to apply and orders its removal from the contracts between hotels and booking portals (HRS)
German Competition Authority (Bonn)
Germany 422 contributions 106263 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 UK Competition Authority opens a consultation on the revised commitments proposed by online travel agencies in relation to rebates (IHG / Expedia / Booking.com)
Ashurst (Milan)
Italy 102 contributions 28158 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 decides to prohibit a hotel booking portal from continuing to apply its best price clause (HRS)
Ashurst (Milan)
Italy 102 contributions 28158 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 Supreme Court rejects an appeal against an order from a lower Court awarding damages because of losses suffered due to an anticompetitive clause in an agreement (Dornbracht)
Quinn Emanuel Urquhart & Sullivan (Brussels)
Belgium 7 contributions 5338 visits
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Shearman & Sterling (London)
United Kingdom 27 contributions 12803 visits
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United Kingdom’s Competition Authority (CMA) (London)
United Kingdom 12 contributions 12796 visits
The luxury bathroom fittings manufacturer Dornbracht has lost its appeal to the German Supreme Court against an order from a lower court awarding damages of €820,000 to a retailer because of losses suffered due to an anticompetitive clause in Dornbracht’s distribution agreements. The case is (...)

The ECN Competition Working Group on Competition Law gathers to discuss matters related to vertical restraints in the online sector
European Commission (Brussels)
Belgium 714 contributions 214419 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 regarding the hotel online booking sector (IHG / Expedia / Booking.com)
Accenture (Dublin)
United Kingdom 2 contributions 992 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 422 contributions 106263 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 Competition Authority issues a statement of objections against two online travel agents and one hotel group for alleged restrictive practices (IHG / Expedia / Booking.com)
United Kingdom’s Competition Authority (CMA) (London)
United Kingdom 338 contributions 86522 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 714 contributions 214419 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 found to have engaged in vertical practices and abuse of dominance under both EU and national provisions in the online travel sales sector (SNCF / Expedia)
Novartis (Rueil-Malmaison)
France 4 contributions 3566 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 the online sales of their products (Bioderma / Caudalie / Cosmétique Active France / Expanscience / Johnson & Johnson / Lierac / Nuxe...)
French Competition Authority (Paris)
France 709 contributions 361733 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 (Paris)
France 308 contributions 1201742 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 192 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 US State AGs from 33 States and Territories, led by Pennsylvania, Connecticut, New Mexico, and Vermont urge online marketplaces to monitor more rigorously price gouging practices by online sellers using their services (Amazon / Facebook / eBay / Walmart / Craigslist) Free
Office of the Pennsylvania State Attorney General (Harrisburg)
United States 1 contribution 624 visits
AG Shapiro: Amazon, Facebook, Ebay, Walmart, Craigslist Must Stop Site Price Gouging by Online Sellers* HARRISBURG― Attorney General Josh Shapiro today issued a letter with co-leading Attorneys General Hector Balderas, William Tong, and T.J. Donovan, and 29 of their Attorneys General (...)

The US State AGs from 33 States, led by Pennsylvania AG Shapiro issue a letter urging online marketplaces to monitor more rigorously price gouging practices especially for online sellers (Amazon / Facebook / eBay / Walmart / Craigslist) Free
Troutman Sanders (Richmond)
United States 1 contribution 228 visits
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Troutman Sanders (Richmond)
United States 1 contribution 228 visits
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Troutman Sanders (Richmond)
United States 1 contribution 228 visits
33 Attorneys General Urge Online Sellers To Take Steps To Fight Price Gouging* Today, a bipartisan group of 33 state attorneys general, led by Pennsylvania Attorney General Josh Shapiro, sent a letter urging online marketplaces to more rigorously monitor price gouging practices by online (...)

The Italian Competition Authority publishes two investigations against online platforms with regards to some claims relating to the marketing of hand sanitizing and respiratory masks as well as hygiene products (Amazon / eBay) Free
Italian Competition Authority (Rome)
Italy 60 contributions 15387 visits
Coronavirus, the Authority begins investigating Amazon and eBay for misleading claims and excessive price increases.* The Authority launched two separate investigations today against the Amazon platform (Amazon Italia Customer Service, Amazon Eu, Amazon Service Europe) and eBay platform (eBay (...)

The Japanese FTC files and withdraws petition for an urgent injunction against dominant online retail company’s new policy after policy is changed due to COVID-19 (Rakuten Ichiba) Free
Japan Fair Trade Commission (Tokyo)
Japan 126 contributions 22059 visits
The JFTC has Filed a petition for an Urgent Injunction against Rakuten, Inc.* Today, the Japan Fair Trade Commission (JFTC) has filed a petition for an urgent injunction to the Tokyo District Court in accordance with the provision of Article 70-4, paragraph 1 of the Antimonopoly Act, seeking (...)

The Italian Competition Authority investigates online sales platforms for excessive pricing of hand sanitizers and respiratory protection masks in the face of COVID-19 outbreak Free
Italian Competition Authority (Rome)
Italy 60 contributions 15387 visits
ICA: Coronavirus, the Authority intervenes in the sale of sanitizing products and masks* Today the Autorità Garante della Concorrenza e del Mercato (the Italian Antitrust Authority) sent a request for information to the main online sales platforms and other sales sites about the marketing of (...)

The Canadian Competition Authority receives a complaint about abuse of dominance in the internet services market (Teksavvy / Bell / Rogers)
Affleck Greene McMurtry (Toronto)
Canada 5 contributions 978 visits
TekSavvy Claims That Bell And Rogers Abuse Their Dominant Position For Internet Services* In a public version of its complaint to the Canadian Competition Commissioner (see below), Internet re-seller TekSavvy says that Bell Canada and Rogers Communications Canada have been abusing their (...)

The French Competition Authority fines a Big Tech company €150 million for abusing its dominant position in the search advertising market (Google)
Vaillant Group (Paris)
22 contributions 3071 visits
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Bird & Bird (Paris)
France 23 contributions 2904 visits
On 19 December 2019, the French Competition Authority ("FCA") fined Google for abusing its dominant position in the French search advertising market. The decision follows a complaint from Gibmedia (a company which publishes weather information, company data and telephone information) after (...)

The French Competition Authority fines a research engine company for abuse of dominance in the search advertising market (Google)
French Competition Authority (Paris)
France 709 contributions 361733 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 191 contributions 64182 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 Administrative Court annuls a Competition Authority’s decision assessing excessive pricing in the online market and provides guidance on the standard of proof to be followed by the Authority (Sahibinden.com)
ACTECON (Istanbul)
Turkey 6 contributions 1346 visits
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ACTECON (Istanbul)
Turkey 7 contributions 2129 visits
The standard of proof plays a significant role during the process of the investigations performed within the framework of the competition law. However, no explicit provision regarding the standard of proof which shall be taken as basis in the preliminary and full-fledged investigations carried (...)

The Turkish Administrative Court annuls the fines imposed by the Competition Authority due to failure to establish the required standards for competition law infringement in excessive pricing cases (Sahibinden.com)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 151 contributions 69617 visits
This case note analyses Ankara 6th Administrative Court’s (the “Administrative Court”) annulment judgment (18.12.2019; 2019/946 E., 2019/2625 K.) through which the Administrative Court reviewed the Turkish Competition Board’s (the “Board”) decision dated 01.10.2018 and numbered 18-36/584-285, (...)

The Polish Competition Authority opens an investigation into an e-commerce platform’s possible abuse of its dominant position (Allegro)
Bird & Bird (Warsaw)
Poland 19 contributions 2720 visits
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Bird & Bird (Warsaw)
Poland 19 contributions 2720 visits
Following the inspection conducted by the Office of Competition and Consumer Protection ("UOKiK") in Allegro in July 2017, UOKiK has opened an antimonopoly investigation into Allegro’s practices that may violate both Polish and EU competition law. In its press release, UOKiK notes that Allegro (...)

The Hungarian Competition Authority fines a social network company €3.5 million for unfair commercial practices (Facebook)
Bird & Bird (Budapest)
Hungary 18 contributions 2044 visits
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Bird & Bird (Budapest)
Hungary 16 contributions 1823 visits
On 6 December 2019, the Hungarian Competition Office ("GVH") found that Facebook’s practice of referring to its services as “free” on its cover page and Help Centre misled Hungarian users. As a consequence, the GVH held that Facebook violated the Hungarian Unfair Commercial Practices Act ("UCPA") (...)

The Turkish Competition Authority experts impose administrative fines on undertakings to ensure the protection of competition (Google)
Erdem & Erdem (Istanbul)
Turkey 66 contributions 75305 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 Turkish Competition Authority imposes a daily fine on a Big Tech company for not complying with previously imposed obligations (Google)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 9 contributions 2353 visits
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Balcıoğlu Selçuk Akman Keki (BASEAK) (Istanbul)
Turkey 13 contributions 4027 visits
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ACTECON (Istanbul)
Turkey 7 contributions 2129 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 Indian Competition Authority rejects a complaint according to which an online booking accommodation provider abused its dominant position (Rkg / Oyo)
Shardul Amarchand Mangaldas (New Delhi)
India 63 contributions 17437 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 66 contributions 19394 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 66 contributions 18290 visits
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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 Indian Competition Authority declares that an undertaking has not abused its dominant position in the budget hotels market without having determined dominance (Rkg / Oyo)
National University of Study and Research in Law (Ranchi)
3 contributions 863 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 German Competition Authority ends an abuse probe after an online marketplace agrees to change business terms for dealers (Amazon)
Heinz & Zagrosek (Köln)
Germany 23 contributions 12890 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 191 contributions 64182 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 German Competition Authority obtains amendments to seller rules active on a major online marketplace (Amazon)
German Competition Authority (Bonn)
Germany 422 contributions 106263 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 Swedish Court of Appeal confirms the dismissal of the Competition Authority’s action against a stock exchange company for alleged abuse of dominance (Nasdaq)
Van Bael & Bellis (Brussels)
Belgium 191 contributions 64182 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)
OECD - Competition Division (Paris)
France 10 contributions 9469 visits
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University of São Paulo
Brazil 3 contributions 3418 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 / Enel X)
Italian Competition Authority (Rome)
Italy 60 contributions 15387 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 Italian Competition Authority opens an investigation against a Big Tech company to ascertain alleged abuse of a dominant position (Google / Enel X)
Luiss Guido Carli University (Rome)
Italy 27 contributions 4967 visits
On 8 May 2019, the Italian Competition Authority ("AGCM") opened an investigation against Alphabet Inc., Google LLC and Google Italy S.r.l. (indicated together as Google) to ascertain an alleged abuse of a dominant position in breach of Article 102 TFEU. Google, via the Android operating (...)

The Indian Competition Authority orders a probe against a multinational technology company for abusing its dominant position in clear violation of Section 4 of the Indian Competition Act (Google)
KING’S COLLEGE LONDON & HERBERT SMITH FREEHILLS COMPETITION LAW MOOT
2 contributions 702 visits
COMPETITION COMMISSION OF INDIA STRIKES ANOTHER BLOW TO GOOGLE FOR ABUSE OF DOMINANT POSITION* On 16th April 2019, the Competition Commission of India (CCI) ordered a probe against the multinational technology company, Google, for abusing its dominant position in clear violation of Section 4 (...)

The Indian Competition Authority finds that a company abused its dominant position by requiring device manufacturers wishing to pre-install apps to adhere to a compatibility standard (Google)
Shardul Amarchand Mangaldas (New Delhi)
India 63 contributions 17437 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 66 contributions 19394 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 66 contributions 18290 visits
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Following a complaint made by a number of users of smartphones using the Android operating system, the CCI prima facie found that Google was dominant in the market for licensable smart mobile device operating systems in India and had abused its dominant position by requiring device (...)

The Dutch Competition Authority publishes its final report on the market study into mobile app stores and simultaneously opens an investigation into potential abuse of dominance (Apple App Store)
Bird & Bird (The Hague)
Netherlands 34 contributions 7728 visits
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KPN (Amsterdam)
Belgium 33 contributions 6708 visits
On 11 April 2019 the Dutch competition authority ("ACM") published its findings on the ACM market study into mobile app stores ("Market Study"). ACM conducted the Market Study in order to gain more insight into how app providers are able to offer their apps in app stores and what influence app (...)

The Italian Competition Authority investigates five companies of an e-commerce group for alleged abuse of a dominant position (Amazon)
Luiss Guido Carli University (Rome)
Italy 27 contributions 4967 visits
On April 10 2019, the Italian Competition Authority ("AGCM") launched an investigation against five companies of the Amazon Group, namely Amazon Services Europe S.à r.l., Amazon Europe Core S.à r.l., Amazon EU S.à r.l., Amazon Italy Services S.r.l. and Amazon Italy Logistics S.r.l., for an alleged (...)

The Italian Competition Authority opens an antitrust investigation against a major e-commerce company for alleged abuse of dominance (Amazon)
Giannino SI (Monserrato)
Italy 154 contributions 129479 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 Dusseldorf Higher Regional Court upholds a decision of the German Competition Authority prohibiting exclusivity clauses in the event ticketing market (CTS Eventim)
Van Bael & Bellis (Brussels)
Belgium 191 contributions 64182 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 billion on a search engine company for abusing its dominant position by imposing restrictive clauses in contracts with third-party websites (Google AdSense)
European Commission - DG COMP (Brussels)
Belgium 1229 contributions 2525525 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 Competition Authority initiates investigation proceedings concerning discrimination against retailers on the internet (Amazon)
Austrian Competition Authority (Vienna)
Austria 41 contributions 4406 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 holds that matching the data collected by a social network company constitutes an antitrust violation (Facebook)
International Center for Law & Economics (Portland)
United States 14 contributions 7348 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 prohibits a social network company from abusing its dominant position by combining its user data from different sources (Facebook)
German Competition Authority (Bonn)
Germany 422 contributions 106263 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 German Competition Authority finds that the data gathering practices of a social network are an abuse of its dominant position, and orders amendments in its data processing policy (Facebook)
Van Bael & Bellis (Brussels)
Belgium 191 contributions 64182 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 orders a social network company to stop collecting and matching data of its users without explicit consent as it constitutes an abuse of dominance (Facebook)
Heinz & Zagrosek (Köln)
Germany 23 contributions 12890 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 (...)

The German Competition Authority finds the merging of user data from multiple sources to be both anti-competitive and in breach of the GDPR (Facebook)
Pinsent Masons (London)
United Kingdom 2 contributions 2397 visits
In one of the first decisions to consider data protection and competition issues side by side, the German competition regulator (the Bundeskartellamt) last week found that Facebook had both abused its market power in Germany and breached EU data protection laws in the way in which it collects (...)

The French Competition Authority orders a search engine company to review and clarify the rules of its online advertising service (Amadeus / Google)
Van Bael & Bellis (Brussels)
Belgium 191 contributions 64182 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 422 contributions 106263 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 personalized pricing in the digital era
OECD - Competition Division (Paris)
France 308 contributions 1201742 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 on traditional sales channels (Doğan Müzik Kitap Mağazacılık ve Pazarlama)
ACTECON (Istanbul)
Turkey 24 contributions 8495 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)
Balcıoğlu Selçuk Akman Keki (BASEAK) (Istanbul)
Turkey 13 contributions 4027 visits
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ACTECON (Istanbul)
Turkey 7 contributions 1776 visits
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ACTECON (Istanbul)
Turkey 6 contributions 1346 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 Authority fines an electronics company for resale price maintenance on its online sales channels (Sony)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 151 contributions 69617 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 21 contributions 5013 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 Advocates (New Delhi)
India 263 contributions 40056 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 finds that a real estate and vehicle sales online platform abused its dominant position through implementing excessive prices (Sahibinden.com)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 11 contributions 2713 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 151 contributions 69617 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 fines an online platform service provider for excessive pricing (Sahibinden.com)
Boğaziçi University (Istanbul)
6 contributions 2142 visits
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ACTECON (Istanbul)
Turkey 11 contributions 3520 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 Court of Ankara annuls a decision of the Competition Authority which contains controversial issues such as market power provided by digital platforms and excessive pricing (Sahibinden.com)
Erdem & Erdem (Istanbul)
Turkey 66 contributions 75305 visits
Introduction Decision numbered 2019/946 E., 2019/2625 K. of the 6 th Administrative Court of Ankara (“Annulment Decision”) is critical since it has annulled the Competition Authority's (“Authority”) Sahibinden.com Decision numbered 18-36/584-285 and dated 01.10.2018 (“Sahibinden Decision”) 1 , (...)

The EU Commission looks into an online platform’s use of sales data (Amazon)
International Center for Law & Economics (Portland)
United States 5 contributions 1508 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 Turkish Competition Authority follows the EU Commission’s footsteps in the search engines’ battles (Google)
ACTECON (Istanbul)
Turkey 24 contributions 8495 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 fines a technology company for abuse of dominance through its smartphone operating system and platform (Google Android)
Van Bael & Bellis (Brussels)
Belgium 191 contributions 64182 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 tech company for illegal tying in the market for third-party mobile device manufacturing (Google Android)
Secretariat Economists (Washington)
United States 2 contributions 472 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 multinational technology company for abuse of dominant position in the smartphone operating system sector (Google Android)
Baker McKenzie (London)
United Kingdom 2 contributions 2517 visits
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Baker McKenzie (Brussels)
Belgium 5 contributions 4657 visits
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On 18 July 2018 the European Commission imposed a record fine of €4.34 billion on Google. In such an innovative and competitive industry, a decision and fine on (...)

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)
Massachusetts Institute of Technology - Sloan School of Management
United States 4 contributions 5451 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
Walker Morris (Leeds)
1 contribution 133 visits
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MemeryCrystal
United Kingdom 12 contributions 2821 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 US Court of Appeals for the Third Circuit finds that the entry of ride-sharing firms into the local taxi market increased rather than decreased competition (Philadelphia Taxi Association / Uber)
Edgeworth Economics (Washington)
United States 1 contribution 97 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 company for search bias in the search engine market (Google)
Indian Competition Commission (New Delhi)
India 5 contributions 626 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 Indian Competition Authority fines a company for search bias and exclusive agreements (Google)
KING’S COLLEGE LONDON & HERBERT SMITH FREEHILLS COMPETITION LAW MOOT
2 contributions 702 visits
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JSA (Mumbai)
India 2 contributions 1119 visits
On 8th February 2018, the Competition Commission of India (CCI) imposed a fine of INR 135.86 Crores (approximately $ 1.36 Billion) on Google, for abusing its dominant position striking the mandate of Section 4 of the (Indian) Competition Act, 2002 (‘Act’). The comment herein highlights the (...)

The Indian Competition Authority fines a Big Tech company for abuse of dominance in the market of online search and related advertising services (Google)
Vaish Associates Advocates (New Delhi)
India 263 contributions 40056 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 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 127 contributions 23061 visits
The Competition Council analyses a possible abuse of dominant position of Dante International SA* The Competition Council opened an investigation on a possible abuse of dominant position by Dante International SA on the mediation services market through online platforms in Romania. Dante (...)

The Malaysian Competition Appeal Tribunal upholds a Competition Authority’s decision in a case of abuse of dominance in the provision and management of online foreign workers permit renewals (My E.G)
Wong Partners (Kuala Lumpur)
Malaysia 2 contributions 627 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 preliminary assessment of a possible abuse of dominance case that data collection and use from third-party sources is abusive (Facebook)
Heinz & Zagrosek (Köln)
Germany 23 contributions 12890 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 in its preliminary assessment that a social network company abused its dominant position by collecting and using data from third-party sources (Facebook)
German Competition Authority (Bonn)
Germany 422 contributions 106263 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 / Facebook / Netflix / Dumpert)
Netherlands Authority for Consumers & Markets (ACM) (The Hague)
Netherlands 191 contributions 31599 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 a high market share does not in and of itself constitute dominance (Fast Track Call Cab / ANI Technologies / OLA Cabs)
Vaish Associates Advocates (New Delhi)
India 263 contributions 40056 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 on a Big Tech company for abuse of dominance in the search engine market (Google Shopping)
Simmons & Simmons (London)
United Kingdom 19 contributions 4461 visits
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Crowell & Moring (London)
United Kingdom 16 contributions 9445 visits
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Simmons & Simmons (London)
United Kingdom 12 contributions 3911 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 a dominant mobile messaging service of abuse of dominance allegations (Fight for Transparency Society / WhatsApp)
Vaish Associates Advocates (New Delhi)
India 263 contributions 40056 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 EU Commission accepts remedies proposed by an electronic commerce company in the e-books sector (Amazon)
European Commission - DG COMP (Brussels)
Belgium 1229 contributions 2525525 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 709 contributions 361733 visits
The Autorité de la concurrence conducts an initial intermediary assessment of the commitments made by Booking.com.* The Autorité has not ruled out the possibility of issuing an opinion at its own initiative if the change in competition so requires, and is actively contributing to all of the (...)

The EU Commission seeks feedback on commitments proposed by an electronic commerce company in e-book investigation (Amazon)
European Commission - DG COMP (Brussels)
Belgium 1229 contributions 2525535 visits
Antitrust: Commission seeks feedback on commitments offered by Amazon in e-book investigation* The European Commission is inviting comments on commitments offered by Amazon to address competition concerns relating to parity clauses in contracts with publishers. The clauses may breach EU (...)

The German Competition Authority closes its proceeding against companies operating on the digital audio-books market suspected of abuse of dominance (Apple / Amazon)
German Competition Authority (Bonn)
Germany 422 contributions 106263 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 requests an investigation into an abuse of dominance by a global taxi services company (Meru Travels Solutions / Uber India)
Vaish Associates Advocates (New Delhi)
India 263 contributions 40056 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 7 contributions 2910 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 collaboration with 9 National Competition Authorities and the EU Commission, monitors the impact of the measures undertaken in the online hotel booking sector
Italian Competition Authority (Rome)
Italy 60 contributions 15387 visits
Monitoring launched in online hotel booking sector* Monitoring the impact of the new parity clauses in the contracts with online travel agencies by the Italian Competition Authority in partnership with 9 other National Competition Authorities The Italian Competition Authority (AGCM), in (...)

The Moscow Arbitration Court confirms that a technology company has abused its dominance on the market of pre-installed app stores (Google)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 53291 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 launches, in collaboration with 9 National Competition Authorities and the EU Commission, a survey among hoteliers to assess the remedies implemented in the hotel booking sector (Booking.com)
French Competition Authority (Paris)
France 709 contributions 361733 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 422 contributions 106263 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 its dominant position via implementing exclusionary MFC clauses in its agreements (Yemeksepeti)
ACTECON (Istanbul)
Turkey 24 contributions 8495 visits
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ACTECON (Istanbul)
Turkey 8 contributions 1996 visits
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ACTECON (Istanbul)
Turkey 7 contributions 1776 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 85 contributions 17302 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 Shanghai People’s Court finds that an unauthorized use of third-party information from a review website is breaching the Chinese Anti-Unfair Competition Law (Hantao / Baidu)
University of Melbourne
Australia 68 contributions 15158 visits
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University of Melbourne
Australia 102 contributions 28042 visits
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China Competition Bulletin (Beijing)
China 101 contributions 24993 visits
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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 422 contributions 106263 visits
Deutsche Bahn AG to make changes to ticket sales* Following investigations by the Bundeskartellamt, Deutsche Bahn AG has undertaken to make far-reaching changes to the sale of passenger tickets. The measures will improve the ticket sales possibilities of its competitors. In early 2014 the (...)

The German Competition Authority terminates proceedings regarding possible abuse of dominance in the market for the distribution of passenger train tickets and accepts several commitments by the incumbent train company (Deutsche Bahn)
Van Bael & Bellis (Brussels)
Belgium 191 contributions 64182 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)
Constantine Cannon (London)
United Kingdom 12 contributions 5532 visits
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Phillips Auctioneers (London)
5 contributions 2918 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 EU Commission sends a statement of objections to a technology company suspected of imposing restrictions on device manufacturers and mobile network operators (Google Android)
European Commission - DG COMP (Brussels)
Belgium 1229 contributions 2525535 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 191 contributions 64182 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 Indian Competition Appellate Tribunal upholds the Competition Authority’s decision and clarifies requirements for an interim injunction (Fast Track Call Cab / ANI Technologies / OLA Cabs)
Vaish Associates Advocates (New Delhi)
India 263 contributions 40056 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 initiates proceedings in the social network market on potential abuse of dominance (Facebook)
Van Bael & Bellis (Brussels)
Belgium 191 contributions 64182 visits
According to a press release issued by the German Federal Cartel Office (“FCO”) on 2 March 2016, proceedings have been initiated against Facebook Inc. as well as the Irish and German subsidiaries of Facebook. The FCO will investigate whether Facebook’s terms of service relating to the use of user (...)

The German Competition Authority initiates proceedings against a social network company regarding potential abuse of dominance (Facebook)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 64 contributions 28955 visits
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 74 contributions 54371 visits
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 20 contributions 12161 visits
The German Federal Cartel Office (the FCO) has announced that it has initiated proceedings against Facebook for the company’s alleged abuse of its dominant position in a market for social networks. The FCO appears to be taking the position that, as a firm with a possibly dominant position, (...)

The German Competition Authority opens a proceeding against a social network company suspected to have abused its dominance by infringing data protection rules (Facebook)
German Competition Authority (Bonn)
Germany 422 contributions 106263 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 Turkish Competition Authority rejects the complaint that agreements between a major IT company and several OEMs on the exclusive pre-installation of mobile apps infringed competition rules (Yandex / Google)
Ankara Hacı Bayram Veli University (Ankara)
31 contributions 11755 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 422 contributions 106263 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 Advocates (New Delhi)
India 263 contributions 40056 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 Paris Court of Appeal overturns an abuse of dominance ruling in the market for online mapping allowing for the geolocalisation of sales points on company websites (Google / Evermaps)
Ashurst (Milan)
Italy 102 contributions 28158 visits
Paris Court of Appeal overturns Google abuse of dominance ruling* On November 25, 2015, the Paris Court of Appeal (PCA) reversed the December 2012 ruling of the Commercial Tribunal of Paris (CTP) , which found that Google (specifically Google France and Google Inc.) abused its dominant (...)

The Indian Competition Authority dismisses allegations of abuse of dominance against a 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 Advocates (New Delhi)
India 263 contributions 40056 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 a newspaper’s online portal (Cloudwalker Streaming Technologies / Bennett / Coleman and Company)
Vaish Associates Advocates (New Delhi)
India 263 contributions 40056 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 secured from Europe’s largest online travel agent platform regarding its best price guarantee (Booking.com)
Irish Competition Authority (Dublin)
Ireland 86 contributions 13994 visits
Commission secures 5-year commitments from Booking.com* Commission secures 5-year commitments from Booking.com Accommodation providers in Ireland will have increased ability to offer lower prices Consumers will have greater access to more competitive rates Tuesday, 6th October 2015: The (...)

The Russian Competition Authority finds that a smartphone operating system developer abused its dominance on the market of pre-installed app stores (Google)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 53291 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 85 contributions 17302 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 an ancillary copyright dispute (Google / VG Media)
German Competition Authority (Bonn)
Germany 422 contributions 106263 visits
Bundeskartellamt takes decision in ancillary copyright dispute* Bonn, 09 September 2015: In the dispute between the copyright collecting society VG Media and Google, the Bundeskartellamt has decided not to open formal proceedings against Google regarding its conduct in connection with the (...)

The German Competition Authority condemns an athletic equipment company for restricting the online sales of its small and medium-sized authorized dealers (Asics)
Ashurst (Milan)
Italy 102 contributions 28158 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 app sales market (Google)
Croatian Competition Agency (Zagreb)
Croatia 109 contributions 17465 visits
CCA investigation in Android apps sales market* Following some press articles claiming that the Croatian software companies were forced to open branch offices or find partners abroad because Google did not allow them to register for direct sale of their apps via the Google Play store, the (...)

The EU Commission opens an investigation on e-book distribution agreements concluded between several publishers and an electronic commerce company (Amazon)
European Commission - DG COMP (Brussels)
Belgium 1229 contributions 2525535 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 60 contributions 15387 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 709 contributions 361733 visits
The Autorité de la concurrence, in coordination with the European Commission and the Italian and Swedish authorities, has obtained particularly extensive commitments from Booking.com aiming to boost competition between online booking platforms and give hotels more freedom in commercial and (...)

The Swedish Competition Authority approves the voluntary commitments of an online hotel booking company subject to a fine (Booking.com)
Klarna (Stockholm)
Sweden 9 contributions 1438 visits
The Swedish Competition Authority decided, on 15 April 2015, to approve the voluntary commitments presented by Bookingdotcom Sverige AB and Booking.com BV (below, jointly referred to as “Booking.com”). The commitments are associated with a fine of SEK 5 million (approx. EUR 550 000) for (...)

The German Competition Authority sends a statement of objections to an online hotel booking company suspected of abuse of dominance (Booking.com)
German Competition Authority (Bonn)
Germany 422 contributions 106263 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 7328 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 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)
Nasdaq (Stockholm)
Sweden 10 contributions 2994 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 709 contributions 361733 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)
Italy 102 contributions 28158 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 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 (Rome)
Italy 12 contributions 12710 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 Authority accepts commitments relating to platform services for the automotive sector (Epyx)
United Kingdom’s Competition Authority (CMA) (London)
United Kingdom 338 contributions 86522 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 the most favored nation clauses in the online hotel reservations space (Booking.com / Expedia)
Ashurst (Milan)
Italy 102 contributions 28158 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 (PMU)
Ashurst (Milan)
Italy 102 contributions 28158 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 relies on antitrust enforcement to regulate leading web search engine (Google Shopping)
Belgium Competition Authority (Brussels)
14 contributions 16388 visits
The Google commitments and the transformation of EU antitrust enforcement* The proceedings brought by the European Commission against Google are nearing a – provisional – end with the prospect of a decision making binding on Google a revised set of commitments (see here for the Commission (...)

The EU Commission obtains a new proposal on commitments in the context of an ongoing antitrust investigation on online searches and advertising (Google Shopping)
Ashurst (Milan)
Italy 102 contributions 28158 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 422 contributions 106263 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 (Paris)
France 308 contributions 1201753 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 abuse of dominant position in the market for online travel agencies (Viaggiare / Ryanair)
Ashurst (Milan)
Italy 102 contributions 28158 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 carries out a market test of commitments in its investigation of the online search service provider (Google Shopping)
Cleary Gottlieb Steen & Hamilton (Brussels)
Belgium 18 contributions 18979 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 EU Commission seeks feedback on commitments meant to address competition concerns on the market for web search (Google Shopping)
Ashurst (Milan)
Italy 102 contributions 28158 visits
This article has been nominated for the 2014 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. European Commission market tests Google commitments in relation to online search and search advertising* On 25 April 2013 the European Commission published a (...)

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 12 contributions 1000 visits
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Crowell & Moring (Washington)
United States 16 contributions 2305 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 Shopping)
Van Bael & Bellis (Brussels)
Belgium 191 contributions 64182 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 in the market for smartphone operating system (FairSearch / Google)
Garrigues (Brussels)
Belgium 19 contributions 10849 visits
This article has been nominated for the 2015 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. 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 (...)

The French Competition Authority rejects complaint based on allegations of abuse of dominance on the market for online advertising (E-Kanopi)
Ashurst (Milan)
Italy 102 contributions 28158 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)
United States 29 contributions 9153 visits
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Skadden, Arps, Slate, Meagher & Flom (New York)
United States 8 contributions 2925 visits
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Skadden, Arps, Slate, Meagher & Flom (New York)
United States 22 contributions 10064 visits
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This article has been nominated for the 2014 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. 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 (...)

The US 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
United States 5 contributions 2484 visits
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 (Lille)
France 12 contributions 7989 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 Competition Act (B-Filer / The Bank of Nova Scotia)
CRA International (Toronto)
Canada 1 contribution 159 visits
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CRA International (Toronto)
Canada 1 contribution 159 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 (...)

The Madrid Commercial Court establishes that a collecting society did not abuse its dominant position by refusing to provide special rates to a pay-TV digital platform (Canal Satélite Digital / DTS / SGAE)
Hogan Lovells (Madrid)
Spain 46 contributions 91799 visits
Canal Satélite Digital, SL (hereinafter, “CSD”), the only pay-TV digital platform currently operating in Spain, and DTS Distribuidora de TV Digital (“DTS”) (together, the “Complainants”) lodged a claim against the collecting society Sociedad General de Autores y Editores (“SGAE“) for an alleged (...)

Mergers

 The UK Competition Authority clears merger between 2 online food delivery undertakings ahead of the statutory deadline for decision despite COVID-19 pandemic (Just Eat / Takeaway.com) Free
United Kingdom’s Competition Authority (CMA) (London)
United Kingdom 338 contributions 86522 visits
CMA gives Just Eat and Takeaway.com deal the green light* The CMA has cleared the £6.2 billion merger between 2 food delivery companies. Just Eat plc (Just Eat) is one of the main food delivery firms in the UK market, while Takeaway.com N.V (Takeaway.com) operates in 11 countries overseas, (...)

The UK Competition Authority provisionally clears acquisition of an online food delivery business by a global online shopping company to prevent it from bankruptcy likely to happen due to economic effects of the COVID-19 outbreak (Amazon / Deliveroo) Free
United Kingdom’s Competition Authority (CMA) (London)
United Kingdom 338 contributions 86522 visits
CMA provisionally clears Amazon’s investment in Deliveroo* In light of a deterioration in Deliveroo’s financial position as a result of coronavirus (COVID-19), the CMA has provisionally cleared Amazon’s investment in Deliveroo. After completing an initial, Phase 1, investigation, the Competition (...)

The UK Competition Authority blocks merger between online airline booking providers despite their sector being significantly impacted by the COVID-19 outbreak (Sabre / Farelogix) Free
United Kingdom’s Competition Authority (CMA) (London)
United Kingdom 338 contributions 86522 visits
CMA blocks airline booking merger* Following an in-depth investigation, the CMA has blocked Sabre’s proposed takeover of Farelogix. Among other products and services, Sabre and Farelogix supply software solutions which help airlines to sell flights via travel agents including those that (...)

The US FTC issues special orders to large technology companies requesting information on prior acquisitions completed over the last decade (Alphabet / Amazon / Apple / Facebook / Microsoft)
McDermott Will & Emery (Washington)
United States 2 contributions 188 visits
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McDermott Will & Emery (Washington)
United States 1 contribution 104 visits
On Feb. 11, the Federal Trade Commission announced that it had issued special orders to five large technology companies, requesting information on prior acquisitions completed by the companies during the past 10 years. The FTC’s announcement follows several recent high-profile events relating (...)

The Dutch Competition Authority clears a merger between two data center companies (InterXion / Digital Reality)
Netherlands Authority for Consumers & Markets (ACM) (The Hague)
Netherlands 191 contributions 31599 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 UK Competition Authority investigates on a £5,9 billion merger in the food delivery market (Takeaway / JustEat)
Bird & Bird (London)
United Kingdom 3 contributions 427 visits
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Bird & Bird (London)
United Kingdom 27 contributions 3023 visits
The Competition and Markets Authority (“CMA”) is currently investigating Takeaway.com’s acquisition of UK-listed Just Eat for £5.9 billion (see link). Shares in the combined company, Just Eat Takeaway, started trading on 3 February. However, the CMA’s initial enforcement order prohibits the (...)

The Indian Competition Authority clears acquisition by automobile manufacturers of small shareholdings in a ride-sharing company (ANI / OLA)
Shardul Amarchand Mangaldas (New Delhi)
India 60 contributions 16619 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 63 contributions 17437 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 66 contributions 18290 visits
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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 Czech Competition Authority clears a merger of three competitors in the retail and online stores with furniture and home accessories (XLCEE / Kika / Lambda)
Dentons (Prague)
Czech Republic 5 contributions 561 visits
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Bird & Bird (Prague)
Czech Republic 25 contributions 3957 visits
The Office for the Protection of Competition allows a merger of three competitors – XLCEE-Holding Gmbh and companies Kika Nábytek, s.r.o. (Kika CZ) and Lambda Properties Czechia, s.r.o. (Lambda CZ), provided that structural obligations set out in order to maintain the effective competition are (...)

The Indian Government proposes to introduce an additional threshold test based on the deal size or the value of a transaction
Khaitan (Mumbai)
India 4 contributions 891 visits
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Khaitan (Mumbai)
India 2 contributions 419 visits
Introduction “We are all now connected by the internet like neurons in a giant brain,” these were the words of renowned theoretical physicist, Stephen Hawking, and he couldn’t have said it better. In today’s digital age, internet and technology have permeated every sphere of one’s life. Be it (...)

The French Competition Authority clears, subject to remedies, the creation of a TV platform by three television channels (Salto)
French Competition Authority (Paris)
France 709 contributions 361733 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 a merger in the online and offline payment services market (PayPal / iZettle)
United Kingdom’s Competition Authority (CMA) (London)
United Kingdom 338 contributions 86522 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 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 11 contributions 9356 visits
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CRA International (London)
United Kingdom 3 contributions 1015 visits
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CRA International (Boston)
United States 1 contribution 527 visits
Acquisitions of Potential Rivals in Digital/Tech: Valuation Analysis as Key Economic Too - PayPal/iZettle Antitrust authorities everywhere are increasingly concerned with so-called “killer acquisitions” – cases where an established incumbent buys up a small rival which might have the potential to (...)

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 120 contributions 23977 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 Italian Competition Authority opens an in-depth investigation to assess a proposed acquisition in the pay-TV market (Sky / R2)
Luiss Guido Carli University (Rome)
Italy 27 contributions 4967 visits
On 7 March 2019, the Italian Competition Authority ("AGCM") opened an in-depth investigation (phase II) to assess the proposed acquisition of R2 S.r.l., the Operation Pay branch of Mediaset Premium, by Sky Italia S.r.l. and Sky Italian Holdings S.p.A. The investigation is aimed at examining (...)

The Mexican Competition Authority clears a merger in the entertainment industry subject to structural remedies (Disney / Fox)
Mexican Competition Authority (Mexico City)
Mexico 120 contributions 23977 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 127 contributions 23061 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 1502 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 a merger in the market of software development (Microsoft / Github)
European Commission - DG COMP (Brussels)
Belgium 1229 contributions 2525535 visits
Mergers: Commission approves acquisition of GitHub by Microsoft* The European Commission has approved under the EU Merger Regulation the proposed acquisition of GitHub by Microsoft. The Commission concluded that effective competition in the relevant markets would continue and Microsoft would (...)

The EU Commission clears a merger in the market of music recognition for smartphones, tablets and PCs (Apple / Shazam)
European Commission - DG COMP (Brussels)
Belgium 1229 contributions 2525535 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 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 232 visits
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Slaughter and May (London)
United Kingdom 2 contributions 1111 visits
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European Commission - DG COMP (Brussels)
Belgium 1 contribution 232 visits
This article has been nominated for the 2019 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Is Big Data a ‘friend’ or a ‘foe’ to consumers? Do the current EU merger control rules work for ‘Big Tech’ deals? The European Commission’s announcement that it has (...)

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 1125 visits
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Liège University (Liège)
Belgium 2 contributions 791 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 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 1502 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)
King & Wood Mallesons (Melbourne)
Australia 2 contributions 408 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)
European Commission - DG COMP (Brussels)
Belgium 1229 contributions 2525535 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 709 contributions 361733 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)
European Commission - DG COMP (Brussels)
Belgium 1229 contributions 2525535 visits
Mergers: Commission to assess the acquisition of Shazam by Apple* The European Commission has accepted a request from Austria, France, Iceland, Italy, Norway, Spain and Sweden to assess under the EU Merger Regulation the proposed acquisition of Shazam by Apple. The Commission considers the (...)

The French Competition Authority unconditionally clears a merger between two real estate online platforms (Axel Springer / Concept Multimédia)
Epex Spot (Paris)
France 7 contributions 2910 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 709 contributions 361733 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 327 contributions 53291 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 ticket sale market for live entertainment (CTS Eventim / Four Artists)
German Competition Authority (Bonn)
Germany 422 contributions 106263 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 consent decree (Red Venture / Bankrate)
Georgetown University Law Center (Washington DC)
United States 4 contributions 1400 visits
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Shearman & Sterling (Washington)
United States 18 contributions 11538 visits
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Shearman & Sterling (Washington)
United States 7 contributions 3076 visits
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This article has been nominated for the 2018 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On November 3, 2017, the Federal Trade Commission filed a complaint challenging Red Ventures’ proposed acquisition of Bankrate. The FTC alleged that the deal (...)

The 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 709 contributions 361733 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 big tech company for providing incorrect or misleading information during the merger control review process (Facebook / Whatsapp)
Milbank (London)
United Kingdom 21 contributions 11670 visits
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Arnold & Porter Kaye Scholer (Brussels)
Belgium 63 contributions 96856 visits
THE LATEST: EU Commission Fines Facebook EUR 110 million for Providing Incorrect or Misleading Information* The Commission’s EUR 110 million fine on Facebook for breach of its procedural obligations under the EU merger control rules underscores the need to submit full, accurate and reliable (...)

The EU Commission fines an undertaking €110 million for providing misleading information to the Commission during its review of the acquisition (Facebook / WhatsApp)
Herbert Smith Freehills (Brussels)
Belgium 97 contributions 65937 visits
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Herbert Smith Freehills (Paris)
France 93 contributions 43823 visits
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Herbert Smith Freehills (London)
United Kingdom 13 contributions 2594 visits
On 18 May 2017, the European Commission imposed a record fine of €110 million on Facebook for providing incorrect/misleading information to the Commission during its review of Facebook’s acquisition of WhatsApp under the EU merger regulation (EUMR). On the same day, the Commission issued a (...)

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 32 contributions 35140 visits
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Cleary Gottlieb Steen & Hamilton
United Kingdom 38 contributions 32867 visits
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Cleary Gottlieb Steen & Hamilton (Brussels)
Belgium 4 contributions 3698 visits
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On May 18, 2017, the European Commission (the “Commission”) fined Facebook €110 million for providing incorrect or misleading information during its 2014 investigation of its acquisition of WhatsApp The magnitude of the fine dwarfs the few penalties the Commission has imposed in the past for (...)

The EU Commission fines a social network company for providing misleading information during a merger investigation (Facebook / WhatsApp)
European Commission - DG COMP (Brussels)
Belgium 1229 contributions 2525535 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 German Competition Authority clears a merger on the e-book online platform market (Rakuten / Tolino)
German Competition Authority (Bonn)
Germany 422 contributions 106263 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)
European Commission - DG COMP (Brussels)
Belgium 1229 contributions 2525535 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 conditionally clears a merger in the professional social network market (Microsoft / LinkedIn)
Milbank (London)
United Kingdom 21 contributions 11670 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 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 1183 visits
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European Parliament (Brussels)
Belgium 4 contributions 3142 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)
European Commission - DG COMP (Brussels)
Belgium 1229 contributions 2525535 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)
Steptoe & Johnson (London)
United Kingdom 1 contribution 464 visits
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Fieldfisher (London)
United Kingdom 3 contributions 1089 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 218 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 French Competition Authority agrees on interim proceedings concerning the execution of an undertaking’s commitments in the home appliances and consumer electronics sector (Fnac / Darty)
Dechert (Paris)
France 17 contributions 16435 visits
Background of the case On 27 July 2016, after an in-depth investigation (phase II review), the French Competition Authority (“FCA”) cleared the acquisition of Darty Plc (“Darty”), a retailer of home appliances and consumer electronics, by Fnac SA (“Fnac”), a distributor of cultural goods, subject to (...)

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 24993 visits
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University of Melbourne
Australia 102 contributions 28042 visits
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University of Melbourne
Australia 68 contributions 15158 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 709 contributions 361733 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 422 contributions 106263 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 conditionally approves online rights licensing and administration joint venture between collective management organizations (PRSfM / STIM / GEMA)
Van Bael & Bellis (Brussels)
Belgium 227 contributions 69977 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 EU Commission approves a joint venture for cross-border licensing of online music between three music collecting societies (PRSfM / STIM / GEMA)
European Commission - DG COMP (Brussels)
Belgium 1229 contributions 2525535 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 German Competition Authority clears a merger on the market of online real estate portals (Immonet / Immowelt)
German Competition Authority (Bonn)
Germany 422 contributions 106263 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 US FTC clears a merger between the two most-visited online home shopping sites in the US without conditions (Zillow / Trulia)
Wilson Sonsini Goodrich & Rosati (Boston)
United States 10 contributions 8342 visits
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Winston & Strawn (Washington)
United States 6 contributions 2498 visits
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US Department of Justice (Washington DC)
United States 1 contribution 224 visits
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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 13 contributions 9551 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 clears the acquisition of a real-time messaging services provider by social networking company (Facebook / WhatsApp)
Ramón y Cajal (Madrid)
Spain 11 contributions 4001 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)
Free University of Brussels (ULB)
Belgium 1 contribution 393 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 EU Commission unconditionally approves in first phase the acquisition of a real time messaging services provider by a social networking company (Facebook / WhatsApp)
European Parliament (Brussels)
Belgium 4 contributions 3142 visits
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European Commission (Brussels)
Belgium 1 contribution 673 visits
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European Commission - Legal Service (Brussels)
Belgium 2 contributions 1183 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 Cypriot Competition Authority clears an acquisition in the online payment services market (GCS Holding / Ingenico)
Ernst & Young (Nicosia)
Cyprus 9 contributions 1682 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)
United States 16 contributions 5945 visits
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White & Case (Washington)
United States 28 contributions 17856 visits
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White & Case (New York)
United States 3 contributions 1116 visits
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 Court of the Northern District of California decides against the acquisition of a competitor on the basis that it would lead to anticompetitive effects in the sector of product ratings and review platforms (Bazaarvoice / PowerReviews)
McDermott Will & Emery (Washington)
United States 34 contributions 5398 visits
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Milbank (London)
United Kingdom 21 contributions 11670 visits
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McDermott Will & Emery (Dusseldorf)
Germany 15 contributions 6101 visits
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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 US District Court for the Northern District of California rules against a non-reported acquisition in the sector of product ratings and review platforms (Bazaarvoice / PowerReviews)
Wolters Kluwer (Riverwoods)
United States 78 contributions 38449 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 25 contributions 8668 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 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)
India 1 contribution 343 visits
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 (ACM) (The Hague)
Netherlands 191 contributions 31599 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)
Italy 102 contributions 28158 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 DC)
United States 3 contributions 1054 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 develops a novel theory of harm based on the effect of the transaction on the bargaining power of the new entity (Universal Music Group / EMI Music)
CRA International (Brussels)
Belgium 19 contributions 29105 visits
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The Graduate Institute for International and Development Studies (Geneva)
Switzerland 14 contributions 32309 visits
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European Commission - DG COMP (Brussels)
Belgium 9 contributions 6697 visits
This article has been nominated for the 2014 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. 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 (...)

The EU Commission conditionally clears an acquisition in the recorded music business (Universal Music Group / EMI Music)
Van Bael & Bellis (Brussels)
Belgium 227 contributions 69977 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 7328 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 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 97 contributions 65937 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 telecom regulations in a merger review (Wal-Mart / Yihaodian)
Ingram Yuzek Gainen Carroll & Bertolotti (New York)
United States 2 contributions 939 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 709 contributions 361733 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 2353 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 District Court for the District of Columbia requires conduct remedies before allowing a vertical merger between a generic online search engine and a widely-used flight information service provider to go forward (Google / ITA)
Robins Kaplan (Minneapolis)
United States 2 contributions 797 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 District Court for the District of Columbia 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)
Secretariat Economists (San Francisco)
United States 1 contribution 525 visits
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Secretariat Economists (Washington)
United States 1 contribution 525 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 District Court for the District of Columbia demands behavioral remedies from two strong competitors in related markets before approving a vertical merger that will allow the combined company to enter the online travel search market (Google / ITA)
Crowell & Moring (Washington)
United States 4 contributions 1577 visits
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Crowell & Moring (Washington)
United States 5 contributions 1727 visits
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United Airlines (Chicago)
United States 3 contributions 1294 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 District Court for the District of Columbia seeks behavioral remedies before approving a joint-venture to prevent exclusionary conduct in the online video distribution and video programming markets (Comcast / NBC Universal)
American University’s Washington College of Law (Washington)
United States 4 contributions 10056 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 US District Court for the District of Columbia conditionally approves a joint-venture under behavioral remedies in the online video distribution and video programming industries (Comcast / NBC Universal)
Crowell & Moring (Washington)
United States 4 contributions 1577 visits
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Crowell & Moring (Washington)
United States 5 contributions 1727 visits
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United Airlines (Chicago)
United States 3 contributions 1294 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 German Competition Authority blocks a joint venture creating an online video on demand platform by the two leading TV broadcasters (RTL / Pro7Sat1)
NOCON (London)
United Kingdom 6 contributions 8758 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 227 contributions 69977 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 between two leading TV broadcasters (RTL / Pro7Sat1)
Jones Day (Frankfurt)
Germany 6 contributions 4078 visits
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Jones Day (Dusseldorf)
Germany 15 contributions 5213 visits
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Jones Day (Frankfurt)
Germany 11 contributions 3982 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 Federal Communications Commission 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 38449 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)
193 contributions 62329 visits
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 District Court for the District of Columbia 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 392 visits
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Kelley Drye & Warren (New York)
United States 1 contribution 392 visits
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1 contribution 392 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 District Court for the District of Columbia conditionally approves a vertical merger upon the implementation of structural and behavioral remedies in the market for primary ticketing services (Ticketmaster / Live Nation)
Crowell & Moring (Washington)
United States 4 contributions 1577 visits
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Crowell & Moring (Washington)
United States 5 contributions 1727 visits
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United Airlines (Chicago)
United States 3 contributions 1294 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 District Court for the District of Columbia imposes divestiture and behavioral remedies before approving a merger to maintain competition in the market for primary ticketing services (Ticketmaster / Live Nation)
Robins Kaplan (Minneapolis)
United States 2 contributions 797 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 District Court for the District of Columbia seeks to divest part of a business and requires a licensing of software to mitigate the anticompetitive effects of a merger in the ticketing services industry (Ticketmaster / Live Nation)
Cleary Gottlieb Steen & Hamilton (Brussels)
Belgium 9 contributions 2272 visits
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Cleary Gottlieb Steen & Hamilton (Washington)
United States 7 contributions 1803 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 UK Competition Authority 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)
Italy 102 contributions 28158 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 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 (London)
United Kingdom 4 contributions 3074 visits
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Oxera (Oxford)
United Kingdom 2 contributions 4041 visits
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 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 97 contributions 65937 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 EU Commission clears in phase I a merger in the internet search market while addressing the concept of concentration and conducting a detailed two-sided market analysis (Microsoft / Yahoo!)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 64 contributions 28955 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 Commission clears a merger in the entertainment industry (Ticketmaster / Live Nation)
KPMG (London)
United Kingdom 1 contribution 1044 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 Authority based on horizontal concerns (Ticketmaster / Live Nation)
Herbert Smith Freehills (Brussels)
Belgium 97 contributions 65937 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 an acquisition in the online advertising market (Google / DoubleClick)
JG Associates (Brussels)
193 contributions 62329 visits
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European Commission - DG COMP (Brussels)
Belgium 148 contributions 49119 visits
"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 clears a merger in the online advertising market applying for the first time the non-horizontal merger guidelines (Google / DoubleClick)
European Commission - DG COMP (Brussels)
Belgium 2 contributions 6906 visits
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European Commission (Brussels)
Belgium 8 contributions 31532 visits
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European Commission (Brussels)
Belgium 6 contributions 6940 visits
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"Google/DoubleClick: The first test for the Commission’s nonhorizontal merger guidelines"* I. Introduction The Google/DoubleClick merger 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 approves after an in-depth investigation the creation of a joint venture in the music industry (Sony / BMG)
European Commission (Brussels)
Belgium 6 contributions 6940 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 conditionally clears an acquisition on the market for paid content (T-Online / Bild.de)
German Competition Authority (Bonn)
Germany 422 contributions 106263 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 German Competition Authority clears a merger in the online travel agency industry (T-Online / Bild.de)
European Court of Justice (Luxembourg)
Luxembourg 23 contributions 29693 visits
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DG Economic and Financial Affairs (ECFIN) (Brussels)
Belgium 65 contributions 32480 visits
"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 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)
Chiomenti (Rome)
Italy 19 contributions 51293 visits
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)
Maastricht University
Belgium 320 contributions 56238 visits
SEPARABILITY OF ECONOMIC FROM NON-ECONOMIC ACTIVITIES* Introduction Pure research whose results are widely disseminated is undoubtedly a non-economic activity. Research reports are often published on the internet. But the design and management of a research organisation’s website can be an (...)

The EU General Court denies video-on-demand distributors’ standing to appeal a Commission decision authorizing a German cinema aid scheme (Netflix / Apple)
McDermott Will & Emery (Brussels)
Belgium 42 contributions 6860 visits
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McDermott Will & Emery (Paris)
France 119 contributions 60884 visits
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Norton Rose Fulbright (Brussels)
Belgium 37 contributions 6509 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 UK statutory rules exempting some financing incomes earned by foreign subsidiaries
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 10 contributions 3334 visits
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Skadden, Arps, Slate, Meagher & Flom (London)
United Kingdom 4 contributions 823 visits
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 74 contributions 54371 visits
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On 26 October 2017, the European Commission (the Commission) opened an in-depth investigation into UK statutory rules that exempt certain financing income earned by foreign subsidiaries of UK corporate taxpayers from UK tax. The Commission’s investigation will focus on whether the UK Controlled (...)

The EU General Court confirms that public funding of an e-platform for procurement purposes does not constitute State aid (Aanbestedingskalender)
Maastricht University
Belgium 320 contributions 56238 visits
Activities linked to State prerogatives Economic activities which cannot be separated from the exercise of public powers cease to be economic in nature. Introduction The dividing line between economic and non-economic activities is in a permanent state of flux. Although it is now clear that (...)

The EU Commission finds that Ireland granted undue tax benefits to a US leading Big Tech company (Apple)
European Commission - DG COMP (Brussels)
Belgium 1229 contributions 2525535 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 confirms that Ireland granted illegal State aid to a Big Tech company (Apple)
Simmons & Simmons (Luxembourg)
1 contribution 309 visits
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Simmons & Simmons (Luxembourg)
1 contribution 309 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 publishes its largest-ever negative State aid decision regarding tax arrangements, requiring Ireland to recover €13 billion of aid (Apple)
Oxera (London)
United Kingdom 1 contribution 832 visits
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Oxera (Brussels)
Belgium 12 contributions 10204 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 declares Irish tax rulings favoring a Big Tech company to be contrary to State aid provisions (Apple)
Van Bael & Bellis (Brussels)
Belgium 150 contributions 32046 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 US Government positions itself as a supporter of Ireland regarding the EU Commission’s tax ruling (Apple)
United Nations (New York)
France 1 contribution 200 visits
Digesting the Apple tax ruling* Commissioner Vestager’s edict on Apple’s tax arrangements in Ireland sent forceful ripples through both sides of the Atlantic on August 30th, 2016. The European Commission is no stranger to ruffling corporate and sovereign feathers, most famously by blocking the (...)

The EU Commission investigates national tax rulings on transfer pricing (Starbucks / Apple / Fiat)
White & Case (Brussels)
Belgium 52 contributions 53753 visits
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Deloitte (Brussels)
Belgium 12 contributions 4151 visits
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White & Case (Brussels)
Belgium 48 contributions 36214 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 UK Competition Authority launches a COVID-19 task force to both ensure compliance in the markets affected by the public health emergency and advises the Government on competition law matters during the Covid-19 pandemic Free
United Kingdom’s Competition Authority (CMA) (London)
United Kingdom 338 contributions 86522 visits
CMA launches COVID-19 taskforce* The CMA is today launching a taskforce to tackle negative impacts within its remit of the COVID-19 pandemic. The outbreak of COVID-19 is an unprecedented and rapidly evolving challenge that has prompted many concerns that businesses might exploit the situation (...)

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 38449 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)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 9 contributions 2353 visits
ACM HAS IMPOSED A FINE OF 1.84 MILLION EUROS FOR DELETING WHATSAPP CHAT CONVERSATIONS DURING A DAWN RAID* Dawn raids may become a nerve-racking experience for companies that are under scrutiny of competition authorities and their employees. During a dawn raid, which is performed without 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 (ACM) (The Hague)
Netherlands 191 contributions 31599 visits
ACM HAS IMPOSED A FINE OF 1.84 MILLION EUROS FOR DELETING WHATSAPP CHAT CONVERSATIONS DURING A DAWN RAID* The Netherlands Authority for Consumers and Markets (ACM) has imposed a fine on a company for obstructing an ACM investigation. During a recent dawn raid, employees of the company under (...)

The Dutch Competition Authority imposes a fine of €1.84 million on a company for failing to comply with the duty to cooperate during an on-site investigation (Onderneming)
Bird & Bird (The Hague)
Netherlands 34 contributions 7728 visits
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KPN (Amsterdam)
Belgium 33 contributions 6708 visits
On 10 December 2019 , the Authority for Consumers & Markets ("ACM") imposed a fine of € 1,84 million on a company for the failure to comply with the duty to cooperate as laid down in Article 5:20(1) of the Dutch General Administrative Law Act ("GALA"). ACM found that during an on-site (...)

The Vice-President Margrethe Vestager announces the intention to launch the review of the Commission Notice on the definition of relevant market
European Commission (Brussels)
Belgium 45 contributions 20022 visits
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Gómez-Acebo & Pombo (Brussels)
Belgium 51 contributions 26987 visits
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Basic-Fit (Hoofddorp)
Netherlands 45 contributions 19997 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 (...)