Search results - Concurrences

31 Mar 2021 R

USA: The Supreme Court hears arguments in the case involving a challenge to the NCAA’s regulations that restrict the amount of financial aid that colleges may provide to athletes (N.C.A.A. / Alston)

Peter Carstensen • N° 2-2021 • pp. 227-231

The NCAA in the Supreme Court—Analytic confusion resulting in inexplicable results The Supreme Court recently heard arguments in NCAA v. Alston. The case involves a challenge to the NCAA’s regulations that restrict the amount of financial aid that colleges may provide to athletes. The lower (...)

29 Mar 2021 R

USA: The Federal Trade Commission waives its right to ask the Supreme Court to rule on a monopolization practice involving intellectual property rights (Qualcomm)

Walid Chaiehloudj • N° 2-2021 • pp. 226-227

Short justifications and a great deal of disappointment is the feeling generated by the FTC’s questionable choice to drop the Qualcomm case from the US Supreme Court. It is true that the case was a sensitive one and that the FTC’s arguments had been curtly rejected by the Ninth Circuit Court of (...)

9 Feb 2021 R

Spain: The Spanish Competition Authority (CNMC) closes two investigations with commitments (“terminación convencional”): firstly, an investigation into the market for the provision of dental services and, secondly, an investigation in the market for the hiring of mooring and casting-off workers in the Port of Algeciras (Servicios odontológicos, Amarres Puerto de Algeciras)

Rafael Allendesalazar • N° 2-2021 • pp. 224-225

In June 2019, following complaints filed by two dental chains—Dentoestetic Centro de Salud y Estética Dental (DENTIX) and Dental Global Management (iDENTAL)—the CNMC opened an investigation in order to determine whether, as a result of the growth of low-cost dental care clinics as alternatives to (...)

9 Feb 2021 R

Spain: The Spanish Competition Authority (CNMC) fines the two main suppliers of PET radiopharmaceuticals (in particular, 18F-FDG, a drug used in radiodiagnosis by positron emission tomography), as well as two of their managers, for sharing the market for supply contracts for this drug for at least four years (Radiofármacos)

Rafael Allendesalazar • N° 2-2021 • pp. 225-226

Radiopharmaceuticals are commonly used in nuclear medicine for detecting and monitoring diseases such as cancer. Currently, Advanced Accelerator Applications Ibérica (AAA) and Curium Pharma Spain, are the sole companies with sufficient capacity and means to provide hospitals throughout Spain (...)

4 Jan 2021 R

New Caledonia: The New Caledonian Competition Authority draws up an initial assessment of its activity in 2020 and sets its priorities for 2021

Alain Ronzano • N° 2-2021

At a meeting on 4 January 2020, the College of the New Caledonian Competition Authority drew up an initial assessment of the year 2020 and defined, with the support of the General Rapporteur, its priorities for action for the year 2021. The ACNC, which distinguishes between its sectoral and (...)

28 Dec 2020 R

New Caledonia: The New Caledonian Competition Authority issues an important opinion on the price formation mechanism of consumer products in New Caledonia, which is an opportunity to make a comparative approach between the opinions of the metropolitan, Polynesian and New Caledonian competition authorities on this issue

Nils Vitalis • N° 2-2021 • pp. 219-222

The New Caledonian Competition Authority (hereinafter the "ACNC") was asked by the New Caledonian Government on 2 January 2020 to provide an opinion on the recurrent problem of high cost of living in order to analyse the price formation mechanism of consumer goods (FMCG) and delivered its (...)

2 Dec 2020 R

Italy: The Court of Milan rules on the extent of the evidentiary value of the decision of the Competition Authority and the civil consequences (Compass Banca)

Silvia Pietrini • N° 1-2021 • pp. 230-231

By a judgment of 2 December 2020, published 5 days later, the Regional Administrative Court of Lazio ["TAR Lazio"] rejected the appeal filed by a banking institution against the decision of the Competition and Market Authority ["AGCM"] or ["Competition Authority"] which, with a view to civil (...)

24 Nov 2020 R

Spain: The Audiencia Nacional accepts the appeals lodged by several cement and concrete operators against a Spanish Competition Authority (CNMC) decision, quashing the decision and the fines imposed on them insofar as the Spanish Competition Authority did not provide enough evidence of a cartel (Cement cartel)

Rafael Allendesalazar • N° 2-2021 • pp. 225-226

In September 2016, the Spanish competition authority (CNMC) sanctioned 23 companies operating in the cement and concrete manufacturing and sales sector for four different infringements of Article 1 of the Spanish Competition Act constituting a cartel. In the concrete market, the CNMC (...)

12 Nov 2020 R

Spain: The Audiencia Provincial of Cáceres entirely confirms a judgment of the commercial court of Cáceres that fully accepted a follow-on damages claim, ordering a truck manufacturer to pay € 86,111 in damages plus interest at the legal rate from the date on which the claim was filed (DAF)

Paloma Martínez-Lage Sobredo • N° 1-2021 • pp. 227-228

In July 2016, the European Commission fined truck manufacturers DAF, Iveco, Daimler and Volvo/Renault € 2.92 billion for participating in a price-fixing cartel between 1997 and 2011. The leniency applicant, MAN, was exempted from its fine, while the non-settling firm, Scania, was fined € 880 (...)

5 Nov 2020 R

USA: The Department of Justice and the Federal Trade Commission tackle the thorny issue of "killers acquisitions" (Visa / Plaid ; Facebook / FTC)

Walid Chaiehloudj • N° 1-2021 • pp. 231-235

At a time when the world is still living to the rhythm of the covid-19 pandemic, another disease, invisible to the eye of the uninformed citizen, is hitting the United States with full force: antitrust fever! It has spread at an unprecedented and, to tell the truth, unsuspected speed. For it is (...)

15 Oct 2020 R

Spain: The Audiencia Provincial of Alicante substantially upholds a judgment of the commercial court of Alicante in a follow-on damage claim based on the trucks cartel, condemning a truck manufacturer to pay damages based on a 10% overcharge (Volvo AB)

Paloma Martínez-Lage Sobredo • N° 1-2021 • pp. 225-226

In July 2016, the European Commission fined truck manufacturers DAF, Iveco, Daimler and Volvo/Renault € 2.92 billion for participating in a price-fixing cartel between 1997 and 2011. The leniency applicant, MAN, was exempted from its fine, while the non-settling firm, Scania, was fined € 880 (...)

1 Oct 2020 R

USA: President Donald J. Trump signs a permanent resolution reauthorizing antitrust criminal sanctions

Godefroy de Moncuit de Boiscuillé • N° 4-2020 • p. 256

On October 1, President Donald J. Trump signed a permanent resolution reauthorizing theAntitrust Criminal PenaltyEnhancement and Reform Act ( ACPERA). It should be recalled that criminal sanctions in the United States are regular and play an important role in deterring competition offences (...)

18 Sep 2020 R

Spain: The Spanish competition authority (CNMC) imposes symbolic fines on an association of stevedoring companies and six trade unions for including provisions which have been considered restrictive of competition in a collective bargaining agreement organising the recruitment of stevedores (IV Framework Agreement for the Dock Work Sector or “IV Acuerdo para la regulación de las relaciones laborales en el sector de la estiba portuaria”) (Acuerdo Marco de la estiba)

Paloma Martínez-Lage Sobredo • N° 4-2020 • pp. 251-252

Stevedoring services have had a special regime in Spain since 1986, when they were historically qualified as an essential state-owned public service. According to this regime, only those professionals who were employees of the public stevedoring company of each port (“Sociedades Estatales de (...)

7 Sep 2020 R

New Caledonia: The New-Caledonian Competition Authority adopts two decisions regarding a de facto exclusive importation agreement in the sector for industrial ice-creams (Ysco, Serdis)

Clément Echard • N° 1-2021 • pp. 222-225

In the overseas territories, import monopolies not justified by the interest of consumers are prohibited. Such practices eliminate intra-brand competition, artificially partition markets and ultimately contribute to the high cost of living in overseas France. Exclusive import practices are (...)

24 Aug 2020 R

USA: The U.S. District Court for the Northern District of California receives a complaint from the developer of a famous video game accusing the company hosting the game in its application store of monopolization (Epic Games / Apple)

Walid Chaiehloudj • N° 4-2020 • p. 255

WillApple ’s business model falter? In the United States, the American giant is exposed to an antitrust lawsuit whose outcome is very uncertain. Epic Games, the developer of the famous video game Fortnite, has decided to wage a risky battle against the apple company. The latter is accused of (...)

11 Aug 2020 R

USA: The Court of Appeals for the Ninth Circuit reverses the decision of the Northern District Court of California in the smartphone chip case (Qualcomm)

Walid Chaiehloudj • N° 4-2020 • pp. 252-255

Thunderclap in the United States! The ruling by the Ninth Circuit Court of Appeals completely overturns the ruling issued a few months earlier by the Northern District Court of California in the Qualcomm case(FTC v. Qualcomm, No. 17-cv-00220, Dkt. 1490 (N.D. Cal. May 21, 2019)). The FTC’s (...)

30 Jul 2020 R

Italy: The Court of Milan rules on the extent of the evidentiary value of the decision of the Competition Authority and the civil consequences (SEA)

Silvia Pietrini • N° 1-2021 • pp. 229-230

In a judgment of 30 July 2020, published on 9 December last, the specialized section of the Milan Court of Commerce ruled on the extent of the probative value of the Competition Authority’s decision and the civil consequences in an action launched following a decision sanctioning practices (...)

9 Jul 2020 R

Spain: The Audiencia Nacional annuls the fine imposed by the Spanish competition authority on a car dealer because the decision did not contain sufficient evidence on the participation and liability of the undertaking, thus making judicial review difficult (Chevrolet dealerships)

Paloma Martínez-Lage Sobredo • N° 4-2020 • pp. 250-251

In 2016, the Spanish competition authority (CNMC) fined seven Chevrolet car dealers and a consultancy firm for exchanging commercially sensitive information and fixing prices between January 2011 and January 2012 (Decision of the CNMC of 28 April 2016, case S/DC/0505/14 Concesionarios (...)

2 Jul 2020 R

New Caledonia: The New Caledonian Competition Authority adopts its first decision on interim measures and indicates under which conditions cooperation between competitors can be tolerated in times of health crisis (OPT-NC)

Alain Ronzano • N° 4-2020

By Decision No 2020-MC-01 of 2 July 2020In the case of the Office des Postes et Télécommunications de la Nouvelle-Calédonie (OPT-NC), the New Caledonian Competition Authority issued a protective measure against the Office des Postes et Télécommunications de la Nouvelle-Calédonie (OPT-NC). Strictly (...)

23 Jun 2020 R

Germany: The Bundesgerichtshof provisionally upholds the Bundeskartellamt’s finding of abuse of a dominant position by combining personal data of its users from different sources (Facebook)

Alain Ronzano • N° 3-2020

It will be remembered that in a decision of 6 February 2019The Bundeskartellamt had prohibited Facebook from collecting and using personal data on third-party services. While Facebook, WhatsApp or Instagram could continue to collect data from their respective users, it was now required to do so (...)

18 Jun 2020 R

USA: The U.S. Department of Justice reviews a white paper submitted by a professional organization representing newspaper publishers in which it accuses a search engine of abusing its dominant position in the online search market

Walid Chaiehloudj • N° 3-2020 • pp. 192-196

David va-t-il renverser Goliath ? Un tel exploit, certes rare à l’échelle de l’histoire, n’est pas tout à fait inédit. La prouesse de David, enfermée dans le saint livre qu’est la Bible hébraïque, n’a d’ailleurs pas échappé aux éditeurs de presse américains. Ces derniers, semblant se souvenir de l’exploit du (...)

9 Jun 2020 R

Spain: The Commercial Court of Madrid grants damages amounting to €2.6 million in application of the “umbrella effect” doctrine (Realia)

Paloma Martínez-Lage Sobredo • N° 3-2020 • pp. 191-192

The Commercial Court of Madrid has granted damages amounting to €2.6 million in a follow-on action based on the decennial reinsurance cartel. Although the claimant was not a customer of the reinsurance companies part of the cartel, the Commercial Court condemned the cartelists to pay damages in (...)

21 May 2020 R

Spain: The Spanish Supreme Court confirms that undertakings not active in the market affected by the cartel can be part of the infringement (Textil Planas Oliveras)

Paloma Martínez-Lage Sobredo • N° 3-2020 • pp. 190-191

The Spanish Supreme Court has overturned a judgment of the Audiencia Nacional, finding that the decision of the Spanish Competition Authority (“CNMC”) did not err in sanctioning a company that participated in the infringement actively and knowingly, even though it does not compete in the affected (...)

6 May 2020 R

New Caledonia : The New Caledonian Competition Authority has expressed its concerns about the exemption mechanism allowing credits in the aviation and tourism sector in the event of cancellation due to the coronavirus crisis and has made recommendations to the Congress and the Government

Alain Ronzano • N° 3-2020

On 6 May 2020, the New Caledonian Competition Authority made public a series of urgent recommendations that it addressed to the Congress and the Government of New Caledonia regarding a draft deliberation on the adaptation of the rules relating to the financial conditions for the termination of (...)

6 Apr 2020 R

COVID-19 : The French Competition Authority ensures that the distribution of respiratory assistance equipment in French Guiana and the French West Indies will not be hindered by exclusive import practices and offers companies support to secure their cooperation agreements

Alain Ronzano • N° 3-2020

In a press release dated 6 April 2020The French Competition Authority announced that it has closed a blitz investigation into exclusive import practices in the medical equipment sector for hospitals in French Guiana and the French West Indies. Following a report made by a Guyanese company on (...)

25 Mar 2020 R

United Kingdom: The UK Competition Authority issues guidelines on business cooperation during the epidemic (COVID-19 guidance)

Alain Ronzano • N° 2-2020

In line with the brief recommendations published by the European Commission and the ECN, the UK competition authority - the CMA - issued on 25 March 2020 guidelines in which it describes the approach it intends to take to business-to-business cooperation during the VIDOC crisis-19 and only in (...)

23 Mar 2020 R

USA: The Court of Appeals for the Seventh Circuit applies the Noerr-Pennington doctrine in an antitrust case on the futures market (U.S. Futures exchange / Board of Trade of the City of Chicago)

Walid Chaiehloudj • N° 2-2020 • pp. 234-236

Anti-trust law, whose provisions are of public order, belongs to a matter imbued with imperative nature. It is therefore very difficult for companies to escape its grasp when the loops of Section 1 or Section 2 of the Sherman Act close around them. At most, they can try to use the residency (...)

27 Feb 2020 R

Italy: The Italian Supreme Court takes decisions on the starting point of the limitation period and the probative force of a decision of the Italian Competition Authority pronounced within the framework of a commitment procedure (Uno Communications / Vodafone)

Silvia Pietrini • N° 4-2020 • pp. 246-249

In a judgment of 27 February 2020, the Italian Court of Cassation handed down a very interesting ruling on the starting point of the statute of limitations and the evidentiary force of a decision of the Competition Authority pronounced in the context of a commitment procedure. The case follows (...)

18 Feb 2020 R

Spain: The Audiencia Nacional annuls the fine imposed by the Spanish Competition Authority on the national refrigerated road transport association due to the lack of evidence of participation in the conduct after 2008 (ATFRIE)

Paloma Martínez-Lage Sobredo • N° 2-2020 • pp. 233-234

In 2015, the Spanish competition authority (CNMC) fined ATFRIE and 12 refrigerated transport companies for colluding to fix prices in the refrigerated road transport sector in Spain from April 1993 to December 2012 (Decision of the CNMC of 25 June 2015, case S/0454/12, Transporte frigorífico). (...)

10 Feb 2020 R

Spain: The Audiencia Provincial of Barcelona partially upholds the appeal lodged by three envelopes manufacturers against eight first instance judgments which awarded damages in follow-on claims based on the envelope cartel decision of the Spanish Competition Authority (Planeta, Misiones Salesianas, Bankoa...)

Paloma Martínez-Lage Sobredo • N° 2-2020 • pp. 229-231

The Audiencia Provincial of Barcelona has partially overturned eight judgments of two sections of the Juzgado de lo Mercantil of Barcelona which had awarded damages to several claimants in follow-on actions based on the Spanish envelope cartel case. The Audiencia Provincial partially accepts (...)

3 Feb 2020 R

Spain: The Audiencia Provincial of Madrid overturns the first instance judgments which granted damages quantified by the claimants and grants damages but based on the lower alternative quantification contained in a defendant’s expert report (Cámara de Comercio, Obras Misionales Pontificias)

Paloma Martínez-Lage Sobredo • N° 2-2020 • pp. 231-232

The Audiencia Provincial of Madrid has overturned two judgments of two different Commercial Courts of Madrid which had dismissed the follow-on claims brought by alleged victims of the envelope cartel. The first instance courts had found that the claimants and their expert reports did not (...)

17 Jan 2020 R

Morocco: The Moroccan telecoms regulator fines the incumbent operator 310 million euros for abusing its dominant position in the implementation of local loop unbundling (Morocco Telecom)

Alain Ronzano • N° 2-2020

On January 17, 2020, Morocco’s telecoms sector regulator - the National Telecoms Regulatory Agency (ANRT) - adopted a landmark decision in more than one respect, Decision ANRT/CG/n°01/2020. 310 million (MAD3.3 billion) for having abused its dominant position in the implementation of local loop (...)

17 Jan 2020 R

Marocco: The National Telecommunications Regulatory Agency of Marocco issues its first decision of sanction under the new competition law and heavily fine the incumbent operator (Maroc Telecom)

Michel Ponsard, Emilie Buhé • N° 2-2020 • pp. 236-239

In a decision dated January 17, 2020, the Moroccan telecommunications regulatory authority, the ANRT, imposed a very substantial penalty of MAD3 billion and MAD300 million (approximately ’310 million) on the incumbent operator Itissalat-Al-Magrib (hereinafter "Maroc Telecom") for having abused (...)

8 Jan 2020 R

Belgium : The Belgian Competition Authority extends the scope of the simplified merger procedure

Alain Ronzano • N° 2-2020

Adopted on 8 January 2020 by the Management Committee of the Belgian Competition Authority (ABC), the complementary rules aimed at broadening the scope of the simplified merger procedure entered into force on the same day of their publication in the Moniteur belge of 20 January 2020. In (...)

30 Dec 2019 R

New Caledonia: The New Caledonian Competition Authority obtains that appeals against its non-contentious decisions are brought directly before the Paris Administrative Court of Appeal (Decree No. 2019-1502)

Alain Ronzano • N° 1-2020

Following steps taken by the New Caledonian Competition Authority (ACNC), the French State has decided to reform the code of administrative justice so that appeals against ACNC’s non-contentious decisions (concentration, commercial area, restrictive commercial practice) can be brought directly (...)

26 Dec 2019 R

New Caledonia: The New Caledonian Competition Authority issues its first sanction decision regarding the maintenance of exclusive import agreements (Kone Elevators, Otis)

Alain Ronzano • N° 1-2020

On 26 December 2019, the newly established New Caledonian Competition Authority issued its first sanctioning decision.. This concerns a practice aimed at maintaining exclusive import agreements, sometimes accompanied by a non-competition clause, in violation of Article Lp. 421-2-1 of the (...)

16 Dec 2019 R

Spain: The Audiencia Provincial of Valencia grants in second instance 5% compensation for damages in a follow-on action based on the European Commission Decision in the truck cartel case (CNH Industrial NV)

Paloma Martínez-Lage Sobredo • N° 1-2020 • pp. 191-193

The Audiencia Provincial of Valencia has partially upheld a first instance judgment awarding damages equivalent to 5% of the purchase price of the truck (totalling 3,985 euros) and quashed the judgment just in respect of the interests, finding that they should have been added from the purchase (...)

16 Dec 2019 R

USA: Eighty-two academics file an amicus brief with the Fifth Circuit Court of Appeals in support of the Federal Trade Commission’s position in a pay-for-delay case (Impax Laboratories)

Walid Chaiehloudj • N° 1-2020 • p. 202

The Impax case that we have recently discussed in these columns has bounced back in the courts (Concurrences No. 2-2019, Art. No. 90540, p. 208). The pharmaceutical company seeks to challenge the Federal Trade Commission’s (FTC) assessment that the agreements entered into by the company were (...)

11 Dec 2019 R

Netherlands: The Dutch Competition Authority imposes a fine of €1.84 million on a company for employees deleting chat conversations during a dawn raid (WhatsApp)

Alain Ronzano • N° 1-2020

On 11 December 2019, the Dutch competition authority, ACM (Autoriteit Consument & Markt) announced that it had imposed a fine of EUR 1.84 million on an undertaking for obstructing one of its investigations. During a dawn raid, employees of the company visited, which is suspected of (...)

11 Dec 2019 R

New Caledonia: The New Caledonian Competition Authority issues two decisions aming at preventing exclusive distribution of lift brands (Sodimas, Intec ; Kone Elevators, Otis...)

Luis Martínez Reillo • N° 2-2020 • pp. 227-229

In December, the young Competition Authority of New Caledonia (hereafter ACNC) issued two important decisions that will mark the future of the elevator sector and, far beyond, the future of exclusive product import practices in New Caledonia. For a long time now, the "high cost of living" has (...)

6 Dec 2019 R

New Caledonia: The Competition Authority of New Caledonia is in favour of the generalised cap on the margins of all companies offering products or services as of 1 October 2019 (Support for the growth of the New Caledonian economy)

Alain Ronzano • N° 1-2020

On 9 December 2019, the New Caledonian Competition Authority published an opinion no. 2019-A-05 of 6 December 2019 on the preliminary draft law of the country to support the growth of the Caledonian economy, which envisages in article 42 of the text to introduce the more liberal "quality-price (...)

4 Dec 2019 R

French Polynesia: The first president of the Court of Appeal of Papeete revokes an authorization order of the judge of freedom and detention for a manifest violation of the contradictory (J.L. Polynésie / Polynesian Competition Authority)

Alain Ronzano • N° 1-2020

What is happening in the kingdom of the Polynesian Competition Authority (bis)? By Order dated December 4, 2019 by the first president of the Court of Appeal of Papeete, the APC faces another setback, the third in the institution’s very young history (the first contentious decision of the APC (...)

26 Nov 2019 R

French Polynesia: The Polynesian Competition Authority issues a decision to dismiss the case in the surveillance and guarding sector (Haumani Sécurité / Jurion Protection, Tahiti Vigiles)

Alain Ronzano • N° 1-2020

What happens in the realm of the Polynesian Competition Authority? On November 28, 2019, the PCA issued its second contentious decision. since its creation in 2015, which is dated 26 November 2019. Two decisions in all... And while the first one - the decision of August 22, 2019 - is (...)

25 Nov 2019 R

USA: The Northern District Court of Georgia receives a complaint filed by an online advertising company accusing a well-known search engine company of monopolizing the market (Inform / Google, Alphabet, Youtube)

Walid Chaiehloudj • N° 1-2020 • pp. 199-202

Is the antitrust vise around Google tightening in the United States? A previous chronicle might have raised doubts about this (Concurrences No. 3-2019, art. No. 91291, p. 211). We remember that in Google vs Marshall’s Locksmith Service, the search engine had finally managed to escape antitrust (...)

7 Nov 2019 R

Spain: The Audiencia Provincial of Barcelona reduces the amount to be paid to a collecting society, finding that the fees requested from a concert promoter were abusive based on an earlier decision of the Spanish Competition Authority (SGAE)

Paloma Martínez-Lage Sobredo • N° 1-2020 • pp. 190-191

The Audiencia Provincial of Barcelona has partially quashed the judgment of a Juzgado Mercantil of Barcelona which awarded collecting society SGAE € 115,398 corresponding to unpaid IP rights. The Audiencia Provincial found that the amount claimed by SGAE was inflated due to the application of (...)

26 Sep 2019 R

Italy: The Italian Supreme Court and the Court of Pescara, Ancona, Taranto, Napoli and Verona rule once again on the validity of omnibus bank guarantee contracts with regard to the competition law (ABI)

Silvia Pietrini • N° 1-2020 • pp. 193-195

The dispute over the validity of omnibus bank guarantee contracts under anticompetitive practice law does not weaken, as the Italian Court of Cassation and certain substantive courts have once again ruled on applications for the nullity of guarantee contracts entered into with banking (...)

4 Sep 2019 R

United States: The Antitrust Division of the Department of Justice for the first time in its history uses arbitration to challenge merger between two suppliers of aluminium car body manufacturer under the Administrative Dispute Resolution Act of 1996 (Novelis / Aleris)

Walid Chaiehloudj • N° 4-2019 • pp. 204-206

Since the Supreme Court’s 1985 decision in Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, 473 U.S. 614 (1985), the question of whether antitrust law and arbitration form an impossible couple no longer arises. The decision had clearly answered this question by stating, inter alia, that "once (...)

26 Aug 2019 R

Germany: The Court of Düsseldorf suspends the Bundeskartellamt’s decision sanctioning an abuse of exploitation consisting in data gathering practices (Facebook)

Alain Ronzano • N° 4-2019

On 26 August 2019, the Düsseldorf Higher Regional Court (Oberlandesgericht Düsseldorf) granted a stay of execution of the decision adopted by the Bundeskartellamt on 7 February 2019 in summary proceedings. under which it found that Facebook had abused its dominant position on the social (...)

22 Aug 2019 R

Polynesia: The Polynesian Competition Authority sanctions, within a first contentious decision, an abuse of a dominant position linked to the practice of excessive prices (Wane)

Alain Ronzano • N° 4-2019

In a decision released on August 22, 2019The Polynesian Competition Authority has for the first time imposed sanctions for abuse of a dominant position. This is even the first contentious decision adopted by the PCA. Moreover, this decision, which is not without some reservations, sanctions (...)

22 Aug 2019 R

French Polynesia: The Polynesian Competition Authority imposes a €2 Million fine (FCP 235 Million) to a distributor for imposing a discriminatory and excessive pricing on his beverage suppliers for the provision of refrigerated exposure (Wane)

Jean-Louis Fourgoux • N° 4-2019 • pp. 198-201

Beverage suppliers complained about the new financial conditions adopted by the Wane group from 2015 to be remunerated for the installation of beverages in its refrigerated cabinets. The monthly billing per door was significantly higher than in the past. The Wane group, which had several (...)

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