Tying

Dominance

 The EU Commission launches an investigation into a Big Tech company for alleged tying of its communication and collaboration product to its workspace tools (Microsoft)
European Commission - DG COMP (Brussels)
Belgium 1336 contributions 2817335 visits
Antitrust: Commission opens investigation into possible anticompetitive practices by Microsoft regarding Teams* The European Commission has opened a formal investigation to assess whether Microsoft may have breached EU competition rules by tying or bundling its communication and (...)

The German Competition Authority issues a statement of objection against various practices of a Big Tech company in connection with its automotive services and maps (Google Maps)
German Competition Authority (Bonn)
Germany 447 contributions 113624 visits
Statement of objections issued against various of Google’s practices in connection with Google Automotive Services and Google Maps Platform* The Bundeskartellamt has today forwarded its preliminary legal assessment of Google’s practices in connection with Google Automotive Services (GAS) to (...)

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
167 contributions 132980 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 Australian Competition Authority publishes an ’issues paper’ on expanding digital platform ecosystems as part of its five-year Digital Platform Services Inquiry
Australian Competition and Consumer Commission (Canberra)
Australia 392 contributions 82379 visits
Expanding digital platform ecosystems to be examined by ACCC* The ACCC will examine the expanding ecosystems of digital platform service providers in Australia as part of its’ five-year Digital Platform Services Inquiry. Large digital platform service providers, like Alphabet (Google), (...)

The EU Commission sends a Statement of Objections to a social network firm over alleged unfair trading practices and abusive tying of the firm’s online marketplace (Meta / Facebook Marketplace)
European Commission - DG COMP (Brussels)
Belgium 1336 contributions 2817335 visits
Antitrust: Commission sends Statement of Objections to Meta over abusive practices benefiting Facebook Marketplace* The European Commission has informed Meta of its preliminary view that the company breached EU antitrust rules by distorting competition in the markets for online classified (...)

The 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 447 contributions 113624 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 Indian Competition Authority sanctions an online search giant for abusive tying, prohibiting forks in its mobile operating system and concluding exclusivity agreements (Google / Umar Javeed / Sukarma Thapar / Aaqib Javeed)
Gujarat National Law University (Gandhinagar)
India 1 contribution 98 visits
On October 20, 2022, the Competition Commission of India (“CCI”) in Umar Javeed v. Google LLC, under Section 27 of the Competition Act, 2002 (“the Act”), fined Google Rs 1,337 crores and issued a cease-and-desist order for engaging in multiple anti-competitive acts. The Information was filed (...)

The EU General Court confirms Android abuse of dominance through tying, with the real legacy of the case extending far beyond (Google Android)
Keystone Strategy (London)
United Kingdom 33 contributions 78321 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 EU General Court partially annuls a Commission decision against a search engine but upholds the key elements (Google Android)
Van Bael & Bellis (Brussels)
Belgium 59 contributions 13988 visits
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Van Bael & Bellis (Brussels)
Belgium 28 contributions 5344 visits
In its judgment of 14 September 2022 (the “Judgment”), the General Court partially upheld Google’s appeal against the Commission’s 2018 Google/Android decision, but upheld the decision’s most important and consequential elements, thus confirming that certain of Google’s practices regarding the (...)

The EU General Court partially annuls the Commission’s decision against a Big Tech company for non-price based abuses of dominance (Google Android)
Cleary Gottlieb Steen & Hamilton (London)
Belgium 32 contributions 37741 visits
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 19 contributions 21354 visits
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 13 contributions 3336 visits
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In September 2022, the General Court partially annulled the European Commission’s 2018 Google Android decision, which fined Google €4.3 billion for abuses of dominance relating to apps it offers for its Android mobile operating system (“OS”). The Court also found that the Commission’s (...)

The Portuguese Competition Authority accuses a corporate group of abusing its dominant position in the payments sector
Portuguese Competition Authority (Lisbon)
Portugal 115 contributions 28775 visits
The AdC accused a corporate group of abusing its dominant position in the payments sector* The Portuguese Competition Authority (Autoridade da Concorrência, AdC) issued a Statement of Objections against a corporate group for tying behavior which may restrict competition and innovation in the (...)

The UK Competition Authority opens an investigation into the largest provider of information management systems to schools (Education Software Solutions)
UK Competition & Markets Authority - CMA (London)
United Kingdom 384 contributions 95365 visits
CMA to investigate ESS’s move to three-year contracts for schools* The CMA is investigating whether education software company ESS is abusing a dominant position to push schools into accepting a new 3-year contract. The investigation will assess concerns around a contract change made by (...)

The French Competition Authority fines a pet transportation company €65K for abusing its dominant position in the air freight transport of pets to French Polynesia (Goldenway International Pets)
French Competition Authority (Paris)
France 741 contributions 394651 visits
Air freight transport of pets to Polynesia: the Autorité de la concurrence fines a company for abuse of a dominant position* Background Following a report transmitted by the French Directorate General for Competition Policy, Consumer Affairs and Fraud Control (DGCCRF) and an investigation (...)

The Indian Competition Authority initiates probe into a Big Tech firm for potential abuse of dominance in the app store market (Apple / Together We Fight Society)
Lakshmikumaran & Sridharan (New Delhi)
India 84 contributions 8391 visits
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Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10231 visits
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Samvad Partners (Mumbai)
76 contributions 7133 visits
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KEY POINTS Unlike traditional ‘single-brand’ markets or aftermarkets, the present digital ecosystems including app stores operate as a platform connecting two or multiple different sets of market participants, such as, app developers and users. The multisided nature of this market needs to (...)

The Italian Competition Authority fines a Big Tech company €1.128 billion for abuse of dominance by making exclusive advantages for its online marketplace conditional upon the purchase of its logistics services (Amazon)
Portolano Cavallo (Milan)
Italy 4 contributions 1336 visits
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Portolano Cavallo (Milan)
Italy 36 contributions 6805 visits
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Portolano Cavallo (Milan)
Italy 63 contributions 9807 visits
On December 9, 2021, the Italian competition authority (the “ICA” or “AGCM”) has levied its highest ever administrative fine—€1.128 billion—on Amazon Europe Core S.à r.l., Amazon Services Europe S.à .r.l., Amazon EU S.à r.l., Amazon Italia Services S.r.l., and Amazon Italia Logistica S.r.l. (...)

The Italian Competition Authority imposes behavioral remedies and fines an e-commerce company over € 1.128 billion for abusing its dominant position in the market for e-commerce logistics services (Amazon)
Italian Competition Authority (Rome)
Italy 69 contributions 18331 visits
A528 - Italian Competition Authority: Amazon fined over € 1,128 billion for abusing its dominant position* The Authority found that Amazon harmed its competitors in the market for e-commerce logistics services. The Authority imposed behavioral measures on Amazon that will be subject to (...)

The Italian Competition Authority imposes record-breaking fine of € 1.1 billion on an e-commerce company for “self-preferencing” its own logistical services (Amazon)
Van Bael & Bellis (Brussels)
Belgium 29 contributions 5217 visits
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Toyota (Brussels)
Belgium 38 contributions 8089 visits
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Van Bael & Bellis (Brussels)
Belgium 59 contributions 13988 visits
On 9 December 2021, the Italian Competition Authority (“ICA”) adopted a decision finding that the Amazon group (“Amazon”) had violated Article 102 TFEU and harmed competing providers of e-commerce logistics services by tying the right of retailers on the Amazon marketplace to participate in (...)

The Italian Competition Authority issues record €1.128B fine against a Big Tech company for merging its platform marketplace and its distribution operations thereby shutting out rival distributors (Amazon)
International Center for Law & Economics (Portland)
United States 16 contributions 7590 visits
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International Center for Law & Economics (Portland)
United States 3 contributions 685 visits
Early last month, the Italian competition authority issued a record 1.128 billion euro fine against Amazon for abuse of dominance under Article 102 of the Treaty on the Functioning of the European Union (TFEU). In its order, the Agenzia Garante della Concorrenza e del Mercato (AGCM) (...)

The Indian Competition Authority dismisses allegations of abuse of dominance against a Big Tech company for integrating a video calling app into its email app, because email users were not forced to use the video app (Google Meet)
Lakshmikumaran & Sridharan (New Delhi)
India 84 contributions 8391 visits
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Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10231 visits
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Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10297 visits
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KEY POINTS Merely adding more functionality to an internet-based app in the name of product improvement and enhancing benefit to consumers would not amount to leveraging dominance if the users are not compelled to utilize the new features to the exclusion of all other services offering (...)

The OECD holds a roundtable on abuse of dominance in digital markets
OECD - Competition Division (Paris)
France 313 contributions 1369873 visits
Many digital markets exhibit certain characteristics, such as low variable costs, high fixed costs and strong network effects, that result in high market shares for a small number of firms. In some cases, these lead to “competition for the market” dynamics, in which a single firm captures the (...)

The US DOJ and 11 State AGs start a landmark court case against a Big Tech company for exclusionary agreements in the search and search advertising markets (Google)
US Department of Justice (Washington)
United States 176 contributions 74420 visits
Justice Department Sues Monopolist Google For Violating Antitrust Laws* Department Files Complaint Against Google to Restore Competition in Search and Search Advertising Markets Today, the Department of Justice — along with eleven state Attorneys General — filed a civil antitrust lawsuit (...)

The US DOJ files an antitrust complaint against a search engine for abuse of dominance (Google)
Orrick, Herrington & Sutcliffe (Washington)
United States 1 contribution 310 visits
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Orrick, Herrington & Sutcliffe (Washington)
United States 1 contribution 310 visits
On October 20, the U.S. Department of Justice filed its long-awaited antitrust complaint against Google, joined by 11 state Attorneys General (Arkansas, Florida, Georgia, Indiana, Kentucky, Louisiana, Mississippi, Missouri, Montana, South Carolina, and Texas). The lawsuit was filed in the U.S. (...)

The US DoJ files a complaint against a search engine for its unlawful monopolization of the search and the search advertising markets (Google)
Hausfeld (London)
United Kingdom 20 contributions 5157 visits
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Hausfeld (London)
United Kingdom 5 contributions 1014 visits
On 20 October 2020, the US Department of Justice (DoJ) and 11 State Attorney-Generals filed a much anticipated complaint against Google for its unlawful monopolisation of the search and search advertising markets in violation of Section 2 of the Sherman Act (the Complaint). The Complaint is (...)

The Indian Competition Authority dismisses allegations of abuse of dominance and exclusive arrangements against an e-commerce company in the market for fashion merchandise (Lifestyle Equities / Amazon)
National University of Study and Research in Law (Ranchi)
1 contribution 210 visits
In an order dated 11.09.2020, the Competition Commission of India (hereinafter ‘CCI’ or ‘the Commission’) dismissed the allegations of abuse of dominance and, entering into anti- competitive agreements against Amazon and the other opposite parties. The Indian Antitrust watchdog observed that (...)

The Mexican Competition Authority investigates possible relative monopolistic practices in the market for digital advertisement services and related services
Mexican Competition Authority (Mexico City)
Mexico 135 contributions 26046 visits
COFECE investigates possible relative monopolistic practices in the market for digital advertisement services and related services* Mexico City, August 24, 2020.- The Investigative Authority of the Mexican Federal Economic Competition Commission (COFECE or Commission) published today in the (...)

The Indian Competition Authority clears a mobile application from tying allegations (Harshita Chawla / WhatsApp / Facebook)
Gujarat National Law University (Gandhinagar)
India 1 contribution 201 visits
The Competition Commission of India (CCI), the country’s judicial authority for competition matters rendered decision in the case of Harshita Chawla v. WhatsApp Inc. and ors in August, 2020 wherein it inter-alia cleared the mobile messaging service, WhatsApp Inc. from allegations of abuse of (...)

The Danish Competition Authority finds the largest distributor of print circulars guilty of abuse of dominance for tying its print circulars to increasing its market share in digital circulars (FK Distribution)
Danish Competition and Consumer Authority (Copenhagen)
Denmark 131 contributions 35848 visits
FK Distribution has abused its dominant position* The Danish Competition Council has decided that the largest distributor of print circulars, FK Distribution, has abused its dominant position. The Council has found that the distributor has had a conduct whereby it could harm competitors on (...)

The Californian Attorney General announces a $575 million settlement with the largest hospital system in Northern California (Sutter Health)
McDermott Will & Emery (Chicago)
United States 13 contributions 3283 visits
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McDermott Will & Emery (Chicago)
United States 10 contributions 2436 visits
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McDermott Will & Emery (Washington)
United States 7 contributions 823 visits
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CALIFORNIA ATTORNEY GENERAL ANNOUNCES HISTORIC $575 MILLION SETTLEMENT OF ANTITRUST SUIT AGAINST SUTTER HEALTH * California Attorney General Xavier Becerra (AG Becerra) announced on Friday, December 20, 2019, the terms of a comprehensive settlement agreement reached with Sutter Health (...)

The EU Commission finds on a prima facie basis, that an undertaking abused its dominant position and orders to cease its prima facie abusive conduct in order to avert the risk of damage to competition (Broadcom)
McDermott Will & Emery (Paris)
France 134 contributions 65839 visits
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Arnold & Porter Kaye Scholer (Brussels)
Belgium 64 contributions 98639 visits
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. INTERIM MEASURES IMPOSED ON BROADCOM: THE RE-AWAKENING OF A ONCE-DORMANT TOOL?* The European Commission (EC) has found, on a prima facie basis, that Broadcom (...)

The Indian National Company Law Appellate Tribunal reverses the Competition Authority’s decision which penalized a company for imposing anti-competitive vertical restraints in the manufacturing vehicle sector (Hyundai)
Vaish Associates Advocates (New Delhi)
India 263 contributions 41995 visits
NCLAT quashes CCI order punishing Hyundai for Resale Price Maintenance and Tying-in* The National Company Appellate Tribunal (“NCLAT/ Tribunal ”) by way of an order dated August 19, 2018 , has set aside the CCI Order dated June 14, 2017 against Hyundai Motors India Ltd. (“Hyundai”) which (...)

The Turkish Competition Authority finds the bundled sales of a telecommunication company not to be anti-competitive (TTNET)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turquie 12 contributions 2988 visites
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Balcıoğlu Selçuk Akman Keki (BASEAK) (Istanbul)
Turkey 20 contributions 4467 visits
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ACTECON (Istanbul)
Turquie 18 contributions 2976 visites
Turkish Competition Authority to Shape the Future of Multi-Play Services in Telecommunication Industry [TTNET]* INTRODUCTION On 21 December 2018, Turkish Competition Authority (“TCA”) published its decision regarding the investigation conducted against TTNET A.Ş. (“TTNET”), the leading (...)

The EU Commission fines a Big Tech company €4.34 billion for illegal practices in distribution agreements for its mobile operating system (Google Android)
International Center for Law & Economics (Portland)
United States 16 contributions 7590 visits
The EU’s Google Android antitrust decision falls prey to the nirvana fallacy* Today the European Commission launched its latest salvo against Google, issuing a decision in its three-year antitrust investigation into the company’s agreements for distribution of the Android mobile operating (...)

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 490 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 (...)

The French Competition Authority rejects a complaint about abuse of dominance in the sector of IT maintenance (Econocom)
Dechert (Paris)
France 21 contributions 26413 visits
On 27 June 2018, the French Competition Authority (“FCA”) rejected a complaint filed by French company Econocom, active in the maintenance of servers and storage solutions, against the main manufacturers of IT hardware: IBM, Hewlett Packard (“HP”) and Oracle. This decision was issued in a (...)

The Cairo Economic Court upholds the recommendation of the Egyptian Competition Authority and fines a TV broadcasting company for abusive bundling of international football events (Nasser Al-Khulaifi / beIN Media)
Fingleton (London)
United Kingdom 6 contributions 3098 visits
The Cairo Economic Court upholds the recommendation of the Egyptian Competition Agency and fines a TV broadcasting company for abusive bundling of international football events (Nasser Al-Khulaifi / beIN Media) On 29th January 2018 the Cairo Economic Court found that beIN had abused its (...)

The US Court of Appeals for the Tenth Circuit affirms a lower court’s decision and dismisses the complaint due to difficulties to prove the possessed market power and the adverse effects on competition (Suture Express / Cardinal Health / Owens & Micro)
Amgen (Thousand Oaks)
United States 3 contributions 228 visits
In an antitrust case involving bundled discount on sutures, the United States Court of Appeals for the Tenth Circuit affirmed a lower court decision granting summary judgment in favor of defendants Cardinal Health 200, LLC and Owens & Micro Distribution, Inc. The Tenth Circuit held that (...)

The Croatian Competition Authority accepts remedies proposed by a company suspected of abuse of dominance on the funeral services market (Flora)
Croatian Competition Agency (Zagreb)
Croatia 118 contributions 19382 visits
CCA accepts commitments by Flora VTC* The Croatian Competition Agency (CCA) accepted the commitments offered by Flora VTC in the course of the ex-officio proceeding that it opened against this undertaking in April 2016. The CCA established within the proceeding that on the basis of the (...)

The US Court of Appeals for the Third Circuit rules on bundling in the pharmaceutical sector (Eisai / Sanofi)
Constantine Cannon (New York)
United States 3 contributions 1061 visits
Third Circuit Shows No Love For Lovenox® Bundling Theory*Citing the well-known maxim that the antitrust laws are concerned with “the protection of competition, not competitors,” the U.S. Court of Appeals for the Third Circuit on Wednesday affirmed summary judgment for Defendant Sanofi Aventis (...)

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 States 12 contributions 5855 visits
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Phillips Auctioneers (London)
5 contributions 3143 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 Croatian Competition Authority adopts interim measures aiming at ending abusive behaviour implemented by an undertaking in the burial service market (Flora VTC)
Croatian Competition Agency (Zagreb)
Croatia 118 contributions 19382 visits
Proceeding and interim measure for undertaker Flora VTC* Within the proceeding against the undertaker Flora VTC from Virovitica the CCA will establish whether the undertaking in question has been engaged in abusive behaviour on the basis of the applicable Prices for Funeral Services in the (...)

The Moscow Arbitration Court confirms the Competition Authority’s decision and prescription concerning the operating systems for smartphones (Google)
Russian Federal Antimonopoly Service (Moscow)
France 1 contribution 484 visits
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Russian Federal Antimonopoly Service (Moscow)
France 1 contribution 484 visits
In March 2016, the Moscow Arbitration Court expressed its support of the position of the Federal Antimonopoly Service (FAS Russia) on the case of abuse of dominance by the Google group of companies involving its actions on the Android operation system. The decision of FAS Russia was taken as (...)

The UK High Court throws out a private claim for damages based on abuse of dominance in the online mapping sector (Streetmap / Google)
Phillips Auctioneers (London)
5 contributions 3143 visits
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Constantine Cannon (London)
United States 12 contributions 5855 visits
Google wins court battle against StreetMap in the UK*Google won a big victory Friday in the High Court of England and Wales, which ruled that Google did not abuse its dominant position to the detriment of the now-defunct UK online mapping provider, Streetmap.The Court’s ruling against (...)

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 11955 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 Ningxia Administration for Industry and Commerce suspends an abuse of dominance investigation after receiving commitments from the companies (China Tietong / China Unicom / China Telecom)
University of Melbourne
Australia 103 contributions 29048 visits
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China Competition Bulletin (Beijing)
China 101 contributions 26006 visits
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Hogan Lovells (Beijing)
China 81 contributions 19794 visits
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Tied sales of landline telephone services investigated in Ningxia* The SAIC reported that, on 15 May 2015, the Administration for Industry and Commerce in the Ningxia Hui Autonomous Region (Ningxia AIC) suspended its antitrust investigation of the Ningxia branches of China Tietong, China (...)

The Mexican Competition Commission accepts the remedies proposed by a dominant association in the market of the production of avocados (APEAM)
Mexican Competition Authority (Mexico City)
Mexico 135 contributions 26046 visits
COFECE Resolution Will Allow Haas Avocado Exportation to the U.S.A. for all Packers in Mexico* • The APEAM agreed to eliminate anticompetitive practices that imposed barriers on Hass avocado exports to the U.S.A. • COFECE will survey the APEAM’s strict compliance with proposed remedies. (...)

The US Court of Appeals for the Sixth Circuit applies cost screen to tying by differential pricing (Collins Inkjet / Eastman Kodak)
Dechert (San Francisco)
United States 26 contributions 8971 visits
Sixth Circuit Applies Cost Screen to Tying by Differential Pricing* In Collins Inkjet Corp. v. Eastman Kodak Co., No. 14-3306 (6th Cir. March 16, 2015), the U.S. Court of Appeals for the Sixth Circuit held that differential pricing – charging more for one product when the customer does not (...)

The US Court of Appeals for the Sixth Circuit formulates a more rigorous analytical framework to separate anticompetitive price bundles from bundles that simply indicate vigorous competition (Collins Inkjet / Eastman Kodak)
BakerHostetler (Washington)
United States 3 contributions 1850 visits
Fit to Be Tied: Appeals Court Redefines Tying Arrangements Based on Bundled Pricing* Corporate antitrust compliance programs often spotlight the dangers of tying arrangements. Those risks arise when a seller with a dominant position in one product coerces its customers by offering that (...)

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 7538 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 (...)

The US District Court for the District of Maryland reminds the need for a harmonious and supportable market definition to win an antitrust case (Live Nation)
Constantine Cannon (Washington)
United States 4 contributions 792 visits
Federal Court Rings Down The Curtain On Baltimore-D.C. Rock Promoters’ Antitrust Case Against Live Nation* A long-running antitrust battle of the bands between a Baltimore-D.C. area regional concert promoter and venue operator and the concert colossus Live Nation got the hook in the U.S. (...)

The Chinese NDRC imposes its highest fine in an abuse of dominance case (Qualcomm)
King & Wood Mallesons (Beijing)
China 36 contributions 23195 visits
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King & Wood Mallesons (Beijing)
United States 4 contributions 919 visits
Qualcomm Investigation Finally Closed: Some Changes in Business Model in Addition to an RMB 6.088 Billion Fine* On 10 February 2015, the NDRC announced its decision in relation to the abuse of dominance investigation into Qualcomm. Following the announcement, the NDRC held a press conference (...)

The Chinese NDRC imposes its highest fine in Chinese antitrust history in an abuse of dominance case (Qualcomm)
Alston & Bird (London)
United Kingdom 6 contributions 1811 visits
China’s Record $1 Billion Fine Against Qualcomm Could Signal A Tough New Antitrust Cop On The Block* China’s imposition of a nearly $1 billion fine on Qualcomm, the world’s largest supplier of smartphone chips, is noteworthy not just because it is a record-breaking antitrust fine for China, (...)

The EU Parliament passes a resolution calling on the Commission to unbundle search engines from other commercial services (Google)
Ashurst (Milan)
Italy 102 contributions 29522 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 (...)

The Luxembourg Competition Authority fines the incumbent telecom operator for abuse of dominance (Entreprise des Postes et Télécommunications)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 217963 visits
Competition Council Fines Incumbent Telecom Operator for Abuse of Dominant Position in Telecommunication Services Sector* On 13 November 2014, Luxembourg’s competition authority fined the Entreprise des Postes et Télécommunications (EPT), the parent company of Post Telecom, the incumbent (...)

The District Court of Northern District of California reluctantly allows tying claims to go forward (Oracle)
Patterson Belknap Webb & Tyler (New York)
United States 2 contributions 347 visits
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Office of the New York State Attorney General (New York)
United States 2 contributions 578 visits
District Court Reluctantly Allows Tying Claims Against Oracle to Go Forward* Last Friday, Magistrate Judge Paul S. Grewal of the Northern District of California denied a motion by Oracle to dismiss three counterclaims based on a tying theory in Oracle America, Inc. v. Terix Computer Co. In (...)

The Chinese Supreme Court sets up the standard for antitrust private litigation with a detailed analysis method regarding market definition and dominance establishment (Qihoo / Tencent)
AnJie Broad Law (Beijing)
China 44 contributions 12344 visits
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AnJie Broad Law (Beijing)
China 2 contributions 919 visits
When the Antitrust Encounter the Internet: The Legal Battle between Qihoo 360 and Tencent Finally Comes to the End* The outgoing year has witnessed the significantly increasing role of „Antitrust‟ and „Internet‟ played in China‟s economy. With the Supreme People‟s Court („SPC‟) ratified the (...)

The Chinese Supreme Court elaborates detailed fundamental principles of anti-monopoly law, in particular in the context of abuse of dominance on the internet market, in its first anti-monopoly case (Qihoo / Tencent)
King & Wood Mallesons (Beijing)
China 36 contributions 23195 visits
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King & Wood Mallesons (Beijing)
United States 4 contributions 919 visits
The Supreme Court Goes Online with Anti-Monopoly Law Principles：A Review of Qihoo v.s. Tencent Abuse of Market Dominance Case* Introduction On 15 November 2011, Qihoo issued proceedings against Tencent in the Guangdong Higher Court, asserting that Tencent had abused its dominant position, (...)

The French Competition Authority accepts commitments in the market for coffee capsules (Nespresso)
French Competition Authority (Paris)
France 741 contributions 394651 visits
The Autorité de la concurrence has obtained a commitment from Nespresso to lift barriers to entry for other coffee capsule makers – compatible with Nespresso coffee machines – as well as barriers to their growth* The final commitments made by Nespresso – the first in the world – have been (...)

The US Northern District of California dismisses a federal antitrust claim brought against automobile manufacturer by a franchise car dealer for failing to prove facts concerning an alleged tying between the rental agreement and the volume of cars sold (Matthew Enterprise / Chrysler)
Dechert (San Francisco)
United States 26 contributions 8971 visits
Northern District of California Addresses Functional Discounts, Price Discrimination Claims* In Mathew Enterprise, Inc. v. Chrysler Group, LLC, 2014 U.S. Dist. LEXIS 95522 (N.D. Cal. July 11, 2014) (Freeman, J.), the court dismissed certain Robinson-Patman Act price discrimination claims and (...)

The US Antitrust enforcing Agencies hold a one-day public workshop to explore the economics and legal policy implications of certain pricing practices, such as loyalty and bundled pricing
Bona Law (Detroit)
United States 25 contributions 5581 visits
FTC/DOJ Workshop on Conditional Pricing Practices – Good as Far as It Goes* On June 23, 2014, the U.S. Federal Trade Commission and Department of Justice Antitrust Division held a workshop on “conditional pricing practices”—loyalty discounts, bundled discounts and similar pricing techniques. (...)

The French Competition Authority receives commitments concerning certain exclusionary practices consisting in particular of tying the purchase of brand coffee capsules to that of coffee machines (Nespresso)
Ashurst (Milan)
Italy 102 contributions 29522 visits
Nespresso offers commitments to lift barriers to entry for other coffee capsule makers in France* On 17 April 2014 the French Competition Authority (“AdlC”) published a press release and a market test notice illustrating the measures that Nespresso proposed to lift barriers to entry for (...)

The Moldovan Competition Authority finds no dumping practices in the bundled packages on the telecommunications market (IM Sun Communications)
University of Macau - Faculty of Law
China 284 contributions 224940 visits
On 5 December 2013 the Moldovan Competition Authority (CC) has confirmed the absence of dumping prices on the market for various telecommunications services (IPTV, fixed telephony and Internet). The no-infringement decision issued by the CC was based on the absence of anti-competitive (...)

The US District Court of California dismisses tying claim related to the market for distribution of hotel content since the tying product and the tied product were not separate (Pro Search Plus / VFML Leonardo)
Sheppard Mullin (Los Angeles)
United States 46 contributions 7897 visits
De Facto Exclusive Dealing: What a Difference a Day Makes* In Competition Law360, September 4, 2013, we reported on the dismissal of a complaint which alleged, inter alia, exclusive-dealing claims in a market described as the management and distribution of “photographs in rich media content (...)