Discriminatory practices
Institution Definition
Case Comments
A568 - ICA: the AGCM investigates Ryanair for an alleged abuse of dominant position* According to the Italian Competition Authority, the carrier’s conduct would harm travel agencies and consumers by attempting to extend its market power into the provision of other tourist services The (...)
A567 - ICA: investigation opened into alleged abuse of dominant position by Bosch* According to the Competition Authority, the company did not allow electrical and digital interoperability between its drive systems and the Anti-lock Braking System (ABS) for electric bicycles produced by (...)
Office of the Superintendent General of CADE investigates violations in the lottery market* CADE issued an interim measure against CAIXA and FEBRALOT to preserve competition in the market On 16 August, the Office of the Superintendent General of the Administrative Council for Economic (...)
EUROPEAN REGULATIONS ON DIGITAL MARKETS — OPPORTUNITY FOR THE IT SECTOR IN ROMANIA* The Digital Markets Act represents an opportunity for the IT sector in Romania and not only, given that application developers, businesses that use marketplace platforms, respectively any other businesses (...)
Investigation concerning DSM Grup Danışmanlık İletişim ve Satış Ticaret AŞ concluded (27.7.2023) (28.7.2023)* The investigation conducted according to the Competition Board decision dated 23.09.2021 and numbered 21-44/650-M to determine whether DSM Grup Danışmanlık İletişim ve Satış Ticaret (...)
CCA opens infringement proceeding against HD-WIN ARENA SPORT* The aim of the protection of market competition is primarily to create benefits for consumers and equal conditions for all entrepreneurs on the market, who, acting in accordance with the existing rules and competing on the market (...)
On July 25, 2023, the French Competition Authority (Autorité de la Concurrence) announced, as it has been authorized to do since the transposition of the ECN+ directive, that its general rapporteur had notified the Apple group of a grievance under which "Apple is accused of having abused its (...)
Key Takeaways The Ninth Circuit recently revived a portion of a price discrimination claim brought by wholesalers of the popular 5-Hour Energy drink against its manufacturer, which provided more favorable promotional terms to a mass merchandiser, while at the same time affirming a defense (...)
ESA closes infringement proceedings against Norway following changes to taxi-market legislation* The EFTA Surveillance Authority (ESA) has today decided to close a complaint case against Norway following changes made to legislation governing the taxi services market, ensuring compliance with (...)
The CNMC fines Apple and Amazon €194 million for restricting competition on Amazon’s website in Spain* Both companies agreed to include a series of clauses in the contracts regulating Amazon’s conditions as an Apple reseller that affected the sale of Apple products and other brands on Amazon’s (...)
Investigation on Google Reklamcılık ve Pazarlama Ltd. Şti., Google International LLC, Google LLC, Google Ireland Limited and Alphabet Inc. Concluded (14.4.2021) (10.7.2023)* The investigation conducted in order to determine whether the economic entity comprised of Google Reklamcılık ve (...)
Investigation about Alphabet Inc., Google LLC, Google International LLC, Google Ireland Limited and Google Reklamcılık ve Pazarlama Ltd. Şti. Opened (19.6.2023) (7.7.2023)* The Competition Board has concluded the preliminary inquiry conducted upon the claim that the economic unity consisted (...)
On March 31, 2023, pending a decision on the merits of the case, the Polynesian Competition Authority, considering that the conditions for serious and immediate harm to the mobile telephony sector in the islands of the "remote archipelagos" (Tuamotu, Gambier, Marquises, Australes) had been (...)
The Spanish Supreme Court (Tribunal Supremo) reduced by half the fine imposed by the Spanish Competition Authority (CNMC) on the Spanish association of professional basketball clubs (ACB) for imposing discriminatory conditions on non-member clubs, after finding that the period in which the (...)
Antitrust: Commission sends Statement of Objections to Google over abusive practices in online advertising technology* The European Commission has informed Google of its preliminary view that the company breached EU antitrust rules by distorting competition in the advertising technology (...)
Articles
This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)
This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)
This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)
Dual pricing in vertical agreements is the practice of charging the same distributor a higher price for products intended to be resold online than for products intended to be resold offline. In this article, we review and discuss the economics behind dual pricing. We argue that dual pricing (...)
A law dated 18 October 2021 aiming at protecting the payment of farmers, known as "EGalim 2", reforms distribution law by targeting the food sector. Upstream, the "contractualization" regime between producers and their first buyers is reinforced. Downstream, suppliers and distributors must (...)
This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)
This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)
During the seminar organized on January 29, 2021, Marie-Laure Allain - Director of Research at the CNRS, Professor at the Ecole Polytechnique and member of CREST and Ombline Ancelin - Partner in charge of the Competition practice at Simmons & Simmons, discussed the articulation between (...)
At the end of October 2018, Ofcom issued its first abuse of dominance infringement decision and fine under the Competition Act 1998 against Royal Mail. Perhaps surprisingly, Ofcom did not examine the behaviour as either a margin squeeze or a refusal to supply, the types of cases one would (...)
Antitrust enforcement involving intellectual property rights - particularly standard-essential patents - continues to receive significant global attention, including most recently by OECD member countries at the June 2019 OECD Competition Committee meetings. This Article provides an economic (...)
During the Seminar organized the 14th of april of 2005, Patrick Rey and Daniel Mainguy talked about price discrimination. The seminar was animed by Anne Perrot, vice-president of the Competition Authority. Created at the end of the 1980s within the Forecasting Department, the Philippe (...)
During the Seminar organized the 31st of May of 2007, Claude Crampes and Lucien Rapp talked about the opening to competition of the energy sector. The seminar was animed by Anne Perrot, vice-president of the Competition Authority. Created at the end of the 1980s within the Forecasting (...)
This article puts the Coty decision into perspective, by mobilizing both a legal and an economic analysis. First, we show that the Coty judgement clarifies the somewhat forgotten analytical grid for selective distribution systems compliance with antitrust law. It highlights the need to (...)
In this article, we develop some of the economics of the intricate relationship between the demand and the supply of personalized data. We first focus on one heavily debated use of personal data: differential pricing (price discrimination). This allows us to highlight the role played by (...)
Recent antitrust intervention against unfair prices in the pharmaceutical industry by the Italian and UK competition authorities, as well as the answer of the European Court of Justice to preliminary questions from the Latvian Supreme Court, have breathed new life into the longstanding debate (...)
Events
The third edition of “Distribution, Concurrence & Pratiques Restrictives” conference organised by Concurrences in partnership with Deloitte, Frontier Economics, Gide Loyrette Nouel, White & Case and Wilhelm & Associés took place in Paris on November 24th.
"13th New Frontiers of Antitrust" Conference organized by Concurrences in Paris, in partnership with Analysis Group, Arnold & Porter, Cleary Gottlieb, Compass Lexecon, Charles River Associates, Dechert, Elig Gürkaynak Attorneys-at-Law, Meta, RBB Economics and Shearman & Sterling.
2nd Webinar of the « 1st Distribution, competition & restrictive practices Conference » organised by Concurrences, in partnership with Fidal. Panel with Pierre Chambu (Chef de service de la protection des consommateurs et de la régulation des marchés, DGCCRF), Anne-Sophie Choné-Grimaldi (Professor, Paris Nanterre University), Nathalie Dostert (Vice President, Paris Commercial Court), Richard Panquiault (Director General, Institut de liaison des entreprises de consommation - ILEC) and Philippe Vanni (Head of Distribution/Competition Practice - Partner, Fidal). Closing discussion with Virginie Beaumeunier (Director General, DGCCRF), Daniel Fasquelle (Professor, University of Littoral-Côte-d’Opale | Senior Counsel, Squadra Avocats | Former member of the French Parliament), Irène Luc (Vice President, Autorité de la concurrence) and Alexandre Lacresse (Partner, Fidal).
2nd Webinar of the « 4th Innovation Economics Conference » organised by Concurrences, in partnership with Compass Lexecon, Elig Gürkaynak Attorneys-at-Law and Freshfields, with Rod Carlton (Partner, Freshfields), Niamh Dunne (Assistant Professor, London School of Economics), Giulio Federico (Head of Unit - CET, DG COMP), Gönenç Gürkaynak (Partner, ELIG Gürkaynak Attorneys-at-Law), William E. Kovacic (Professor, King’s College London | Non-Executive Director, CMA| Professor, George Washington University) and Rameet Sangha (Senior Vice President, Compass Lexecon).
Law & Economics workshop organised by Concurrences with Étienne Pfister (Autorité de la concurrence) in partnership with Magenta and NERA Economic Consulting.
Law & Economics workshop organised by Concurrences Review with Juliette Théry-Schultz (Autorité de la concurrence), in partnership with Allen & Overy and Positive Competition.
Dinner organised by Concurrences Review with keynote speaker Ariel Ezrachi (Oxford University), in partnership with Me Patrick Hubert (Orrick, Herrington & Sutcliffe).
Law & Economics workshop organised by Concurrences Review in partnership with Cleary Gottlieb Steen & Hamilton and Analysis Group.
Conference organized by Concurrences Review in partnership with Charles River Associates (CRA) and Shearman & Sterling.
Law & Economics Workshop with Frédéric Jenny (OECD), in partnership with the Autorité de la concurrence, Magenta and Charles River Associate.
Law & Economics Workshop organized by Concurrences in partnership with Simmons & Simmons, Microeconomix, AFJE & EFB.
Workshop organized by Concurrences Review in partnership with O’Melveny & Myers and MAPP.
Books
At a time of reckoning for the future of antitrust, this Liber Amicorum brings together a diverse collection of today’s leading thinkers to pay tribute to Albert Allen (Bert) Foer, founder of the American Antitrust Institute (AAI). In doing so, it illustrates the intellectual landscape of the (...)
Chapters
Chapter 6. Exclusionary Buyer Power