Remedies for unilateral conduct

Foreword Remedies for Unilateral Conduct: An overview of EU and national case law

Every year many remedies are imposed worldwide across a wide range of sectors. The question of how to craft efficient, adequate, and proportionate remedies is however unsettled. Recent high profile unilateral conduct cases have raised issues related to how to identify the problematic conducts and what remedies to impose. While exclusionary abuses are easier to remedy, they do require strict(er) standards to ensure that competitive buying markets can be (re-)established. In contrast, structural remedies aimed at restructuring the buyer side of the market are harder to impose and/or implement and raise issues around the definition of relevant market and of the abusive conduct.

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T.U.Dublin and SITE-Stockholm School of Economics
2 contributions 2572 visits

Dominance

 The Belgian Competition Authority terminates an abuse of dominance proceeding in the telecommunications market following a divestiture remedy (Proximus / EDPnet)
Van Bael & Bellis (Brussels)
Belgium 64 contributions 28953 visits
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Van Bael & Bellis (Brussels)
Belgium 61 contributions 26508 visits
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Van Bael & Bellis (Brussels)
Belgium 163 contributions 56790 visits
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The trend towards closer competition scrutiny of small acquisitions, even if these transactions do not satisfy the financial thresholds provided for by EU merger control rules or relevant national legislation, yesterday gained further traction in Belgium. The life sciences industry will take (...)

The Turkish Competition Authority terminates an ongoing investigation upon the commitments offered by the exclusive broadcaster of the Turkish Super League Football Games (Krea İçerik Hizmetleri)
Turkish Competition Authority (Ankara)
Turkey 44 contributions 8249 visits
Investigation concerning Krea Content Services and Production AŞ was terminated upon the commitment offered.* According to the decision of the Competition Board dated 29.09.2022 and no 22-44/652-M, an investigation was opened in response to the claim that Krea İçerik Hizmetleri ve (...)

The South Korean FTC sanctions a semiconductor company for coercing a consumer electronics conglomerate into an unfavorable long-term agreement for the supply of smart device components (Broadcom / Samsung)
Korea Fair Trade Commission (Seoul)
North Korea 11 contributions 605 visits
KFTC Sanctions Broadcom for Coercing Samsung Electronics Into Unfavorable Long-Term Agreement for the Supply of Smart Device Components* KFTC Imposes remedies and fines Broadcom KRW 18.7 billion (tentative) for forcing Samsung to enter Into a long-term agreement through unfair means such as (...)

The South African Competition Authority agrees to behavioural remedies with a grocery retailer to resolve concerns over long-term exclusive leases (Spar)
South African Competition Commission (Pretoria)
South Africa 25 contributions 3165 visits
COMMISSION AND SPAR GROUP REACH AGREEMENT ON THE CESSATION OF LONG-TERM EXCLUSIVE LEASES* The Competition Commission (Commission) and the Spar Group Ltd (“The Spar Group”) have reached a consent agreement aimed at ending long-term exclusive lease agreements in the grocery retail sector. The (...)

The French Supreme Court allows follow-on damages action by the national health insurance fund in the wake of a major pharmaceutical company’s denigration strategy against rivals (CNAM / Sanofi)
Van Bael & Bellis (Brussels)
Belgium 64 contributions 28953 visits
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Van Bael & Bellis (Brussels)
Belgium 61 contributions 26508 visits
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Van Bael & Bellis (Brussels)
Belgium 163 contributions 56790 visits
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In a judgment dated 30 August 2023, the French Supreme Court rejected an appeal by Sanofi against the award of damages to the Caisse nationale d’assurance maladie des travailleurs salariés, the French national health insurance fund for employees ( CNAM ) (see, attached judgment). The damages (...)

The Turkish Competition Authority terminates an investigation concerning a bus ticketing services provider following commitments offered to remedy excessive pricing concerns (Obilet Bilişim Sistemleri)
Turkish Competition Authority (Ankara)
Turkey 44 contributions 8249 visits
The investigation about Obilet Bilişim Sistemleri AŞ terminated upon the commitment submitted* According to the Board decision dated 16.06.2022 and numbered 22-27/433-M, an investigation was opened with the claim that Obilet Bilişim Sistemleri AŞ violated article 6 of the Act no 4054 by (...)

The Dutch Competition Authority welcomes commitments submitted by a national energy trade company after the Authority’s investigation revealed that the company made a typing error during natural gas sales and failed to communicate about this error (Eneco Energy Trade)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 212 contributions 36845 visits
Eneco Energy Trade takes measures following ACM’s investigation into an incorrect market order* Energy trader Eneco Energy Trade (EET) has made commitments to the Netherlands Authority for Consumers and Markets (ACM) regarding measures aimed at reducing the likelihood of incorrect market (...)

The Italian Competition Authority closes its abuse of dominance investigation into a Big Tech company after it offered commitments regarding its data portability practices (Google)
Italian Competition Authority (Rome)
Italy 72 contributions 19356 visits
A552 - Italian Competition Authority: Following the Authority’s intervention, Google’s data portability becomes easier* Google’s investigation into alleged abuse of its dominant position has been closed with commitments. From now on it will be easier for users to transfer their data from (...)

The UK Competition Authority announces that a Big Tech company has offered commitments not to use seller data and to treat all sellers’ offers equally in response to competition concerns (Amazon)
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105170 visits
Amazon offers to change Marketplace rules to address CMA concerns* In response to competition concerns raised by the CMA, Amazon has offered commitments not to use Marketplace seller data and to treat all sellers’ offers equally when selecting which to feature in the ‘Buy Box’. Amazon has (...)

The German Competition Authority orders the incumbent rail operator to make its real-time traffic data available to rivals (Deutsche Bahn)
Van Bael & Bellis (Brussels)
Belgium 9 contributions 1914 visits
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Van Bael & Bellis (Brussels)
Belgium 33 contributions 4392 visits
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Van Bael & Bellis (Brussels)
Belgium 25 contributions 5097 visits
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On 26 June 2023, the German FCO ordered the state-owned German rail incumbent Deutsche Bahn (“DB”) to cease the abuse of its dominant position in relation to mobility platforms and ordered DB (along with other measures) to make DB’s real time traffic data available to rival mobility platforms. (...)

The German Competition Authority orders the national rail operator to open up its data to third party mobility platforms (Deutsche Bahn)
German Competition Authority (Bonn)
Germany 458 contributions 117238 visits
Open markets for digital mobility services – Deutsche Bahn must end restrictions of competition* Bonn, 28 June 2023: According to the Bundeskartellamt’s decision of 26 June 2023, Deutsche Bahn AG (DB) is in violation of competition law due to abusing its market power in relation to mobility (...)

The EU Commission seeks feedback on the commitments offered by the Spanish State-owned rail operator over its refusal to supply in the online ticket market (Renfe)
European Commission - DG COMP (Brussels)
Belgium 1368 contributions 2945645 visits
Antitrust: Commission seeks feedback on commitments offered by Renfe over possible anticompetitive practices in online rail ticketing in Spain* The European Commission invites comments on commitments offered by Renfe to address competition concerns over its alleged refusal to supply full (...)

The Hong Kong Competition Authority opens a consultation on the proposed commitments offered by two leading online food delivery companies to address concerns over their restrictive agreements with restaurants (Foodpanda / Deliveroo)
Hong Kong Competition Commission (Hong Kong)
Hong Kong 55 contributions 11851 visits
Competition Commission consults on proposal to accept commitments offered by Foodpanda and Deliveroo* The Competition Commission (“Commission”) today commenced a consultation on the proposed commitments offered under section 60 of the Competition Ordinance (“Ordinance”) by two leading online (...)

The Italian Competition Authority market-tests commitments proposed by a Big Tech search engine to close an abuse of dominance investigation over claims that the firm obstructed interoperability of users’ personal data (Google)
Portolano Cavallo (Milan)
Italy 63 contributions 10456 visits
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Portolano Cavallo (Milan)
Italy 36 contributions 7172 visits
On March 21, 2023, the Italian Competition Authority (AGCM or “ ICA”) published for market testing a set of commitments proposed by Google LLC (“Google”) to close an investigation for abuse of dominance under Article 102 of the Treaty on the Functioning of the European Union (“TFEU”) and the (...)

The UK Competition Authority opens consultation on the commitments offered by a Big Tech app store owner to allow app developers to use alternative payment options for in-app purchases (Google)
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105170 visits
App developers on Google Play store offered payment choices following CMA probe* Google has said it will allow developers to use alternative payment options after CMA investigation into its control over Google Play in-app purchases. The Competition and Markets Authority (CMA) is consulting (...)

The Italian Competition Authority accepts the commitments offered by the national rail incumbent over its proposed grant of data access to a rival high-speed rail services provider for the purposes of selling combined tickets (Trenitalia / NTV)
Van Bael & Bellis (Brussels)
Belgium 9 contributions 1914 visits
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Van Bael & Bellis (Brussels)
Belgium 32 contributions 6164 visits
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Van Bael & Bellis (Brussels)
Belgium 62 contributions 15418 visits
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On 18 April 2023, the Italian Competition Authority (“ICA”) accepted commitments offered by the Italian national rail incumbent, Trenitalia S.p.A. (“Trenitalia”), whereby Trenitalia will grant Italo – Nuovo Trasporto Viaggiatori (“NTV”), its competitor in high-speed rail transport services, (...)

The Italian Competition Authority closes an abuse of dominance investigation against a leading train operating company with a commitment decision (Trenitalia / NTV)
Municipality of Cagliari
168 contributions 134428 visits
In the High Speed and Regional Rail Transport case the Italian Competition Authority (ICA) opened an Article 102 TFEU enquiry into a non-price abusive practice in the market for rail passenger services the leading train operating company and former monopolist was alleged to have perpetrated. (...)

The Canadian Competition Authority enters into a consent agreement with a nuclear pharmaceutical company to address competition concerns with its contracting practices in the radiopharmaceutical industry (Isologic)
Canadian Competition Bureau (Gatineau)
Canada 84 contributions 11892 visits
Competition Bureau reaches agreement with Isologic to protect competition in healthcare* The Competition Bureau announced today that it has entered into a consent agreement with Isologic Innovative Radiopharmaceuticals Inc. (Isologic) to address competition concerns with its contracting (...)

The German Competition Authority closes an abuse of dominance investigation in the market for armoured transport vehicle maintenance following supply commitments by an armoured vehicle diagnostics service provider (Rheinmetall Landsysteme / FFG Flensburg Fahrzeugbau)
Fieldfisher (Düsseldorf)
Germany 1 contribution 99 visits
Introduction In a press release dated 13 March 2023, the German Cartel Office (BKartA) stated that Rheinmetall must share its maintenance software for wheeled armoured transport vehicles with its competitors for cartel law reasons. In the context of an abuse of dominance proceeding, the (...)

The German Competition Authority closes an abuse of dominance investigation after a diagnostics service provider for armoured vehicles offers commitments to supply (Rheinmetall Landsysteme / FFG Flensburg Fahrzeugbau)
German Competition Authority (Bonn)
Germany 458 contributions 117238 visits
Bundeskartellamt safeguards competition in maintenance of “Boxer” wheeled armoured transport vehicles* Bonn, 13 March 2023: The Bundeskartellamt’s abuse proceeding resulted in Rheinmetall Landsysteme GmbH providing diagnostic software developed by Rheinmetall for “Boxer” wheeled armoured (...)

The Czech Competition Authority concludes administrative proceedings against a company for abuse of dominance following commitments not to impose mandatory installation and maintenance obligations on clients (Honeywell)
Czech Competition Authority (Brno)
Czech Republic 49 contributions 6711 visits
THE OFFICE ACCEPTS HONEYWELL’S COMMITMENTS* The Office for the Protection of Competition (hereinafter referred to as „the Office“) terminated administrative proceedings against the undertaking Honeywell, spol. s r.o. for possible abuse of dominant position after committing not to require (...)

The Argentinian Secretariat of Trade fines a beer producer for non-compliance with the obligations imposed in a previous enforcement decision concerning abuse of dominance violation in the Argentinian beer market (Quilmes)
Bomchil (Buenos Aires)
Argentina 38 contributions 833 visits
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Bomchil (Buenos Aires)
Argentina 29 contributions 715 visits
The decision was adopted on February 23 by the ST, following the opinion of the CNDC, and consisted on an ARS 389.5 million fine imposed to Quilmes Brewery and Malting (“CMQ” an AB InBev subsidiary, commercializing beers under the “Quilmes”, “Stella Artois”, “Budweiser” and “Corona” brands, (...)

The Brazilian Competition Authority orders a food delivery service to cease exclusivity clauses and install remedies (iFood)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 75 contributions 21835 visits
CADE signs agreement with iFood in case involving exclusivity deals in food delivery marketplaces* The Cease and Desist Agreement intends to promote competition and facilitate the entry of other applications into the sector The Administrative Council for Economic Defense (CADE) entered (...)

The Spanish Competition Authority closes antitrust proceedings against an insurance company following commitments to address anticompetitive practices (DKV)
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 47355 visits
Following a complaint, the CNMC initiated an investigation against DKV Seguros y Reaseguros, S.A.E. (DKV) for having unilaterally cancelled the DKV Renta temporary disability policies of certain selfemployed policyholders during the pandemic, while encouraging them to contract other services. (...)

The German Competition Authority secures a licensing deal on behalf of news publishers as part of a now-concluded investigation into the world’s largest search engine (Google News Showcase)
German Competition Authority (Bonn)
Germany 458 contributions 117238 visits
Improvements for publishers using Google News Showcase* Bonn, 21 December 2022: The Bundeskartellamt has concluded its proceeding against Google/Alphabet with regard to the “Google News Showcase” online news service after Google made a number of important adjustments to the benefit of (...)

The EU Commission accepts the commitments of a Big Tech online marketplace to address concerns over discriminatory practices and its use of non-public data to unfairly bolster its own retail business (Amazon)
European Commission - DG COMP (Brussels)
Belgium 1368 contributions 2945645 visits
Antitrust: Commission accepts commitments by Amazon barring it from using marketplace seller data, and ensuring equal access to Buy Box and Prime* The European Commission has made commitments offered by Amazon legally binding under EU antitrust rules. Amazon’s commitments address the (...)

The French Competition Authority rejects request by a mobile telephone equipment hosting company to lift competition commitments due to likelihood of abuse of dominant position (TDF)
French Competition Authority (Paris)
France 748 contributions 411300 visits
Hosting of antennas on pylon sites: the Autorité de la concurrence rejects TDF’s request to lift its commitments* Background The Autorité de la concurrence has rejected TDF’s request to lift the commitments made mandatory by Decision 15-D-09 of 4 June 2015. The Autorité considers that (...)

The German Competition Authority receives a Big Tech company’s response that its virtual reality headsets can now be used without an account on its social network (Meta Quest / Meta)
German Competition Authority (Bonn)
Germany 458 contributions 117238 visits
Meta (Facebook) responds to the Bundeskartellamt’s concerns – VR headsets can now be used without a Facebook account* Users who want to use the Quest 2 VR headset offered by Meta Quest (formerly Oculus) no longer need a Facebook account to do so. Meta has responded to the Bundeskartellamt’s (...)

The Hellenic Competition Authority fines a beverage manufacturer €10.3M for concluding exclusivity agreements with retailers (Coca-Cola)
Hellenic Competition Commission (Athens)
Greece 132 contributions 18635 visits
Imposition of a €10,342,773 fine on COCA COLA 3Ε* Subject: HCC Decision no. 762/2021 imposing a fine of EUR 10,342,773 on the company COCA COLA HELLENIC BOTTLING COMPANY S.A. (COCA COLA 3E) for infringements of articles 2 L. 3959/2011 and 102 TFEU, following an ex officio investigation of (...)

The Indian Competition Authority sanctions an online search giant for abusive tying, prohibiting forks in its mobile operating system and concluding exclusivity agreements (Google / Umar Javeed / Sukarma Thapar / Aaqib Javeed)
Gujarat National Law University (Gandhinagar)
India 1 contribution 162 visits
On October 20, 2022, the Competition Commission of India (“CCI”) in Umar Javeed v. Google LLC, under Section 27 of the Competition Act, 2002 (“the Act”), fined Google Rs 1,337 crores and issued a cease-and-desist order for engaging in multiple anti-competitive acts. The Information was filed (...)

The Indian Competition Authority imposes monetary fines on travel agents for abusing their dominant position in the online hotel bookings market (MMT-Go / OYO)
Talwar, Thakore & Associates (New Delhi)
India 3 contributions 186 visits
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Talwar, Thakore & Associates (New Delhi)
India 13 contributions 7415 visits
Introduction On 19 October 2022, the Competition Commission of India (CCI) fined the leading Indian online travel agents (OTAs) MakeMyTrip India Pvt Ltd (MMT) and Ibibo Group Private Limited (Goibibo) (collectively referred to as "MMT-Go") 223,480,000 rupees (approximately $27.09 million) (...)

The Brazilian Competition Authority signs an agreement with a health club aggregator platform to halt exclusivity clauses and resale price maintenance practices (Gympass)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 75 contributions 21835 visits
CADE signs agreement with Gympass in Brazilian health club market* Daily fines are to be applied in case of non-compliance On 21 September 2022, the Administrative Council for Economic Defense (CADE) ratified the Cease and Desist Agreement with Gympass on the administrative enquiry that (...)

The Hong Kong Competition Authority brings its first case to the Competition Tribunal for resale price maintenance (Tien Chu)
Hong Kong Competition Commission (Hong Kong)
Hong Kong 55 contributions 11851 visits
Competition Commission brings first case on resale price maintenance to Competition Tribunal* The Competition Commission (“Commission”) today commenced proceedings in the Competition Tribunal (“Tribunal”) against The Tien Chu (Hong Kong) Company Limited (“Tien Chu”) for its engagement in (...)

The EU General Court confirms abuse of dominance by a Big Tech company through tying, with the real legacy of the case extending far beyond (Google Android)
Centre for Economic Policy Research (CEPR) (London)
United Kingdom 33 contributions 79423 visits
This article has been nominated for the 2023 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. The General Court confirmed on 14 September 2022 the EC finding in 2018 that Google had abused its dominance by tying its Android operating system with its app (...)

The Slovak Competition Authority accepts the commitments of the national postal service to remedy competition concerns over discriminatory pricing (Slovenská pošta)
Slovak Competition Authority (Bratislava)
Slovakia 57 contributions 5800 visits
ABUSE OF DOMINANT POSITION: AMO SR issued a commitments decision against the company Slovenská pošta, a.s.* AMO SR imposed on the party to the proceedings the obligation to fulfill commitments. On 14 May 2021 the Antimonopoly Office of the Slovak Republic, the Division of Abuse of Dominant (...)

The EU Commission seeks feedback on commitments offered by an online retail platform concerning marketplace seller data and access to certain features (Amazon)
European Commission - DG COMP (Brussels)
Belgium 1368 contributions 2945645 visits
Antitrust: Commission seeks feedback on commitments offered by Amazon concerning marketplace seller data and access to Buy Box and Prime* The European Commission invites comments on commitments offered by Amazon to address competition concerns over its use of non-public marketplace seller (...)

The French Competition Authority accepts a Big Tech company’s commitments to compensate publishers for the use of journalistic content (Google)
Van Bael & Bellis (Brussels)
Belgium 62 contributions 15418 visits
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Toyota (Brussels)
Belgium 38 contributions 8783 visits
On 21 June 2022, the French Competition Authority (“FCA”) announced that it accepted Google’s commitments related to compensating French publishers for the use of their journalistic content in a range of Google’s services. This brings to an end the FCA’s investigation into Google’s alleged (...)

The French Competition Authority accepts a Big Tech’s commitments to create a framework for the transparent assessment of the remuneration of related rights for the benefit of press agencies and publishers (Google)
French Competition Authority (Paris)
France 748 contributions 411300 visits
The Autorité accepts Google’s commitments to create a framework for negotiating and sharing the information necessary for a transparent assessment of the remuneration of related rights and makes these commitments binding Background Today, the Autorité de la concurrence issues a decision in (...)

The French Competition Authority accepts an advisory firm as the monitoring trustee to ensure a Big Tech firm complies with commitments (Google / Accuracy)
French Competition Authority (Paris)
France 748 contributions 411300 visits
Related rights: The advisory firm, Accuracy, has been accepted by the Autorité de la concurrence as a monitoring trustee in the case involving Google* On Friday 7 September, the Autorité de la concurrence accepted the advisory firm, Accuracy, as a monitoring trustee in the case involving (...)

The French Competition Authority accepts commitments from a social media platform to remedy competition concerns over a refusal to provide access to a marketing tool (Meta)
Van Bael & Bellis (Brussels)
Belgium 62 contributions 15418 visits
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Toyota (Brussels)
Belgium 38 contributions 8783 visits
On 16 June 2022, the French Competition Authority (“FCA”) announced that it accepted Meta’s commitments related to practices that would have raise competition concerns in the French market for non-search related online advertising. This clarifies the conditions of access to Meta’s partnership (...)