Search results - Concurrences

16 Sep 2020 R

Abuse of dominant position: The French Supreme Court confirms in all respects the conclusions of the Court of Appeal concerning practices implemented to hinder the establishment of competing pylons (TDF)

Alain Ronzano • N° 3-2020

On 16 September 2020, the Commercial Chamber of the Court of Cassation handed down its ruling in the case of practices implemented by TDF to prevent the installation of competing pylons. It rejects all the pleas raised in the main appeal brought by TDF, but also the sole plea in the (...)

10 Sep 2020 B

The Japanese FTC approves a commitment plan brought by an e-commerce company (Amazon)

Japanese Competition Authority • Preview

Approval of the Commitment Plan submitted by Amazon Japan G.K.* In response to the notice which the Japan Fair Trade Commission (hereinafter referred to as the “JFTC”) issued to Amazon Japan G.K. (hereinafter referred to as “Amazon Japan”) in accordance with the Commitment Procedures on July 10, (...)

9 Sep 2020 B

The French Competition Authority fines three laboratories for abusive practices (Novartis / Roche / Genentech)

French Competition Authority • September 2020

Treatment for AMD: the Autorité fines 3 laboratories for abusive practices* The Autorité de la concurrence has imposed fines worth a total of €444 million on three pharmaceutical companies, Novartis, Roche and Genentech, for abusive practices designed to sustain the sales of Lucentis for AMD (...)

9 Sep 2020 R

Collective dominant position: The French Competition Authority sanctions pharmaceutical companies for abusing their collective dominant position in the French market for the treatment of age-related macular degeneration with a fine of 444 million euros (Novartis, Roche and Genentech)

Alain Ronzano • N° 4-2020

By Decision No. 20-D-11 of 9 September 2020The French Competition Authority has imposed a fine of 444 million euros on the Novartis group and the Roche/Genentech group (385 million for Novartis alone) for abusing their collective dominant position on the French market for the treatment of (...)

9 Sep 2020 R

Access to facilities: Advocate General Saugmandsgaard Øe calls on the Court of Justice of the European Union to confine the Bronner judgment to the refusal of access to an opposing facility by an undertaking in a dominant position and to reject the concept of ’implied refusal of access’ (Deutsche Telekom, Slovak Telekom )

Alain Ronzano • N° 4-2020

On 9 September 2020, Advocate General Henrik Saugmandsgaard Øe delivered his Opinion. in Cases C-152/19 (Deutsche Telekom AG v European Commission) and C-165/19 (Slovak Telekom a.s. v European Commission). As the incumbent and leading telecoms operator in Slovakia, a subsidiary of Deutsche (...)

8 Sep 2020 B

The Australian Competition Authority examines the experiences of consumers, developers and suppliers regarding the mobile app market

Australian Competition Authority • Preview

Mobile apps market under scrutiny* The ACCC will be examining the experiences of Australian consumers, developers, suppliers and others in a new report scrutinising mobile app stores. Issues to be examined include the use and sharing of data by apps, the extent of competition between Google (...)

7 Sep 2020 B

The Italian Competition Authority launches six investigations against some of the main operators at global level in cloud computing services (Google / Apple / Dropbox)

Italian Competition Authority • Preview

Antitrust: Investigations launched against Google, Apple and Dropbox for their cloud computing services* The proceedings relate to allegedly unfair commercial practices and the possible presence of unfair terms in the contractual conditions The Italian Competition Authority has launched six (...)

2 Sep 2020 R

Fines: The French Supreme Court confirmes in the ’zinc case’ that the omission concerning the offender’s membership of a powerful group constituted a material error which the Court of Appeal was entitled to rectify (Umicore)

Alain Ronzano • N° 4-2020

In a judgment delivered on 2 September 2020The Commercial Chamber of the Court of Cassation, rejecting the appeals lodged by the Umicore group - the appeal lodged by the Chairman of the Authority, which was considered late, was declared inadmissible - not only confirms the judgment handed down (...)

1 Sep 2020 R

Antitrust, intellectual property, and dynamic efficiency: An essay in honor of Herbert Hovenkamp

Thomas Cotter • N° 3-2020

Article to be published in Herbert Hovenkamp Liber Amicorum, N. Charbit and al. (eds.), Concurrences, 2020. This essay argues that, while intellectual property (IP) and antitrust often operate as complementary bodies of law, in some residuum of cases there will be widespread disagreement among (...)

1 Sep 2020 R

Outstanding relevance across markets: A new concept of market power?

Olivier Budzinski, Sophia Gaenssle, Annika Stöhr • N° 3-2020 • pp. 38-42

The ministerial proposal for a 10th amendment of the German competition law particularly addresses abuse control and seeks to tighten this pillar of competition policy against the background of the challenges from the digital economy. Next to extending the classic policy instruments of abuse (...)

1 Sep 2020 R

Competition Law and Big Data. Imposing Access to Information in Digital Markets, Beata MÄIHÄNIEMI

Elsa Haïm • N° 3-2020 • pp. 235-236

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 (...)

28 Aug 2020 B

The German Competition Authority publishes as a result of its investigation a paper on the effects of narrow price parity clauses on sales of online hotel platforms (Booking)

German Competition Authority • September 2020

The effects of narrow price parity clauses on online sales of online hotel platforms – Investigation results from the Bundeskartellamt’s Booking proceeding* The Bundeskartellamt has published a paper on “The effects of narrow price parity clauses on online sales - Investigation results from the (...)

26 Aug 2020 B

The UK Supreme Court rules in a licence dispute between a software and a telecommunication company and clarifies the English Courts’ approach to FRAND royalty cases (Unwired Planet / Huawei)

Steve Ross • September 2020

On 26 August 2020, the UK Supreme Court issued a judgment in a licence dispute involving Standard Essential Patents (“SEPs”) pitting Unwired Planet, a US based patent assertion entity, against Huawei, a Chinese telecommunications company that produces smartphones. Unwired Planet brought an (...)

25 Aug 2020 B

The Romanian Competition Authority fines €2.5 million a pharmaceutical company for failure to observe commitments in an abuse of dominance probe (GlaxoSmithKline)

Peter L’Ecluse, Catherine Longeval, Koen T’Syen • September 2020

The Romanian Competition Authority announced on 25 August 2020 that it imposed a fine of 11.9 million lei (approximately EUR 2.5 million) on GlaxoSmithKline (GSK) for its failure to observe in full commitments which it had given earlier to allow the competition authority to terminate an inquiry (...)

25 Aug 2020 B

The Romanian Competition Authority fines pharmaceutical company for non-compliance with some of its commitments assumed during the investigation regarding possible abuse of dominant position (GlaxoSmithKline)

Romanian Competition Authority • September 2020

The Competition Council Sanctioned Glaxosmithkline Srl With Fine of 11.9 Million Lei* The Competition Council sanctioned GlaxoSmithKline (GSK) SRL with fine of lei 11.9 million for non-compliance with some of its commitments assumed during the investigation regarding a possible abuse of (...)

24 Aug 2020 B

The Mexican Competition Authority investigates possible relative monopolistic practices in the market for digital advertisement services and related services

Mexican Competition Authority • September 2020

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 (...)

18 Aug 2020 B

The Indian Competition Authority clears mobile application from tying allegations (Harshita Chawla / Whatsapp)

Varsha Goel • Preview

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 (...)

14 Aug 2020 B

The Canadian Competition Authority seeks input from market participants to inform an ongoing investigation of online shopping platform (Amazon)

Canadian Competition Bureau • September 2020

Competition Bureau seeks input from market participants to inform an ongoing investigation of Amazon* Bureau investigating whether Amazon’s conduct on Amazon.ca is impacting competition The Competition Bureau is inviting market participants to provide input to inform its civil investigation (...)

11 Aug 2020 B

The US Court of Appeals for the Ninth Circuit rules that there is no antitrust violation in a multinational semiconductor company’s licensing of its standard-essential patents (Qualcomm)

Joseph M. Miller, Michael T. Renaud, Richard M. Gervase Jr., Tinny Song • September 2020

Ninth Circuit Reverses FTC Win in FTC v. Qualcomm, Finding No Antitrust Violations from Qualcomm’s Licensing of its Standard-Essential Patents* In a reversal that came as no surprise to many observers, on Tuesday, August 11, 2020, a unanimous panel of the U.S. Court of Appeals for the Ninth (...)

11 Aug 2020 B

The US Court of Appeals for the Ninth Circuit strikes down sweeping injunction against semiconductor company and reins in expansive interpretation of Sherman Act (Qualcomm)

Matthew Martino, Tara L. Reinhart, Steven C. Sunshine, Julia K. York • September 2020

On August 11, 2020, the U.S. Court of Appeals for the Ninth Circuit decisively reversed the Federal Trade Commission’s (FTC or Commission) controversial district court win challenging Qualcomm’s licensing practices. In rejecting every aspect of the lower court’s decision, the Ninth Circuit panel (...)

11 Aug 2020 B

The US Court of Appeals for the Ninth Circuit overturns a ruling finding that a semiconductor company’s licensing practice abused dominant position (Qualcomm)

Logan M. Breed, Edith Ramirez, Suparna Reddy, Labeat Rrahmani • September 2020

On 11 August 2020, a panel of the U.S. Court of Appeals for the Ninth Circuit (“Ninth Circuit”), in a unanimous opinion by Judge Callahan, reversed the U.S. Federal Trade Commission’s (“FTC’s”) win in the district court against Qualcomm Inc. (“Qualcomm”) and upheld Qualcomm’s licensing practices, (...)

11 Aug 2020 B

The US Court of Appeals for the Ninth Circuit reverses a ruling finding that a semiconductor company abuses its dominant position regarding its standard-essential patents (Qualcomm)

Maurits Dolmans, Daniel P. Culley, David Herrington, Jessica Hollis, Alexandra Theobald • September 2020

On August 11, 2020, a Ninth Circuit panel reversed the District Court for the Northern District of California’s judgment in FTC v. Qualcomm, Inc. The panel held that Qualcomm’s conduct—(a) refusing to license its standards essential patents (SEPs) to rival chipset manufacturers; (b) refusing to (...)

6 Aug 2020 B

The Icelandic Competition Authority fines telecom for commitment violations in the sale of English football on its linear pay-TV service (Síminn)

Icelandic Competition Authority • September 2020

The Icelandic Competition Authority fines Síminn for commitment violations* The decision made by the Competition Authority (ICA) today states the conclusion that Síminn violated the conditions of the commitments that the company has entered into with ICA in recent years. The decision reveals (...)

4 Aug 2020 B

The Italian Competition Authority opens investigation into excessive pricing and anticompetitive contractual conditions by a dominant ferry company (Caronte & Tourist)

Italian Competition Authority • September 2020

Antitrust: investigation launched against the ferry company Caronte & Tourist* The company is in a dominant position in passenger ferrying in the Strait of Messina The Autorità Garante della Concorrenza e del Mercato has launched an investigation against the company Caronte & Tourist (...)

3 Aug 2020 B

The Australian Competition Authority takes action against online search engine in relation to allegations that it misled consumers about the collection and use of their personal information online (Google)

Thomas Jones, Tom Macken • September 2020

Australia’s competition and consumer regulator, the Australian Competition and Consumer Commission (ACCC), recently decided to take action against Google LLC (Google) in relation to allegations that it misled consumers about the collection and use of their personal information online, including, (...)

29 Jul 2020 B

The German Monopolies Commission calls for level competitive playing field in sports sector

Tilman Kuhn, Mathis Rust • July 2020

On July 29, 2020, the German Monopolies Commission published its 2020 biennial Report on Competition (Hauptgutachten XXIII: Wettbewerb 2020) under Section 44(1) Act against Restraints of Competition (“GWB”). In its report, the Monopolies Commission – a permanent, independent advisory body which (...)

24 Jul 2020 B

The US FTC charges a $10 million fine to a company that illegally maintained a monopoly over the Opioid Addiction Treatment Suboxone (Indivior)

US Federal Trade Commission • July 2020

Indivior, Inc. to Pay $10 Million to Consumers, Settling FTC Charges that the Company Illegally Maintained a Monopoly over the Opioid Addiction Treatment Suboxone* FTC alleges company used anticompetitive tactics to impede competition from lower-cost generics Indivior, Inc. has agreed to pay (...)

24 Jul 2020 B

The Slovak Competition Authority initiates administrative proceedings in the matter of a possible abuse of a dominant position in carrying out collective management of rights

Slovak Competition Authority • July 2020

ABUSE OF A DOMINANT POSITION: AMO SR initiated an administrative proceedings in the matter of a possible abuse of a dominant position in carrying out collective management of rights* On 20 July 2020 the Antimonopoly Office of the Slovak Republic, the Division of Abuse of a Dominant Position (...)

23 Jul 2020 B

The Mexican Competition Authority investigates monopolistic practices consisting in establishing exclusivity conditions of sale or purchase in the market for production, distribution and commercialization of medical oxygen

Mexican Competition Authority • July 2020

COFECE investigates possible relative monopolistic practices in the market for production, distribution and commercialization of medical oxygen in the Mexican territory* This investigation must not be understood as a prejudgment but rather as an action of the authority to verify compliance with (...)

22 Jul 2020 B

The UK Competition Authority fines a musical manufacturing company for resale price maintenance (Roland)

UK Competition Authority • July 2020

Roland fined £4 million for illegally preventing online price discounts* Lessons from the CMA’s investigation into Roland’s use of illegal resale price maintenance (RPM). Background When online resellers have the freedom to price items independently this leads to healthy competition – rivals (...)

22 Jul 2020 B

The Italian Competition Authority announces the opening of an investigation against two Big Tech firms for violation of article 101 TFEU (Apple / Amazon)

Federico Marini Balestra, Lucia Antonazzi • September 2020

On 22 July, the Italian Competition Authority (the "ICA") announced it had opened an investigation against Apple and Amazon for an alleged violation of article 101 TFEU. Following a complaint received in February 2019 from a retailer who was banned from reselling products on the Amazon market, (...)

20 Jul 2020 B

The Polish Competition Authority completes its initial activities towards the biggest 100 companies in the agri-food market and initiates proceedings against 4 commercial retail chains for unfair use of contractual advantages (Auchan Polska / Eurocash / Makro Cash and Carry Polska / Intermarche)

Polish Competition Authority • September 2020

UOKiK’s further proceedings in the agri-food sector* UOKiK has completed its activities towards one hundred of the biggest players on the agri-food market, which were conducted under the Act on Contractual Advantage. In the course of the UOKiK’s proceedings, the majority of entrepreneurs (...)

17 Jul 2020 B

The Croatian Competition Authority fines supermarket chain for imposing unfair trading practices in the business-to-business food supply chain (Kaufland Hrvatska)

Croatian Competition Authority • July 2020

Kaufland Hrvatska fined 1.1 million Kuna for imposing unfair trading practices* The Croatian Competition Agency (CCA) fined Kaufland Hrvatska k.d. (Kaufland) 1.1 million Kuna for a serious breach of the provisions of the Act on the prohibition of unfair trading practices in the (...)

16 Jul 2020 R

Copyright: Advocate General Pitruzzella invites the Court to clarify the conditions under which a copyright management organisation in a de facto monopoly situation may be required to impose unfair royalties on organisers of music festivals which are liable to constitute an abuse of a dominant position (SABAM / W.W, WCD)

Alain Ronzano • N° 4-2020

On 16 July 2020, Advocate General Giovanni Pitruzzella delivered his Opinion in Case C-372/19 (SABAM).which follows the reference for a preliminary ruling from the Tribunal de l’entreprise d’Anvers (Antwerp Works Tribunal) concerning the remuneration charged to music festivals by a Belgian (...)

16 Jul 2020 B

The EU Court of Justice Advocate General Pitruzzella guides on the method for calculating royalties that may lead to an abuse of dominance of a Belgian collecting society (SABAM)

Eugenia Caracciolo-Drudis • July 2020

On 16 July 2020, Advocate General (“AG”) Pitruzzella issued an opinion in Case C-327/19, advising the Court of Justice of the European Union (“ECJ”) on whether the method for calculating royalties used by SABAM, the Belgian collecting society, amounts to an abuse of a dominant position under (...)

16 Jul 2020 B

The Czech Competition Authority imposes a fine for anti-competitive parking conditions for certain hybrid vehicles in paid parking zones in Prague (City of Prague)

Vojtech Chloupek, Jiři Švejda • Preview

The Czech Office for the Protection of Competition ("Office") published a press release on 16 July 2020 (without publishing the full decision yet) regarding a fine imposed for anti-competitive parking conditions for certain hybrid vehicles in paid parking zones in Prague. According to this (...)

15 Jul 2020 R

Remedies: The European Commission invites interested third parties to submit their observations on commitments proposed by a pharmaceutical company to reduce prices in Europe for six key cancer drugs by an average of 73% (Aspen)

Alain Ronzano • N° 4-2020

On 15 July 2020, the following appeared in the OJEU a Commission Notice inviting interested third parties to comment on Aspen’s commitments to reduce prices in Europe for six key cancer drugs by an average of 73% in order to address the Commission’s concerns about excessive pricing, on the basis (...)

14 Jul 2020 B

The EU Commission invites comments on pharmaceutical company’s proposed commitment to reduce the price by 73% for six off-patent cancer medicines to remove the Commission’s excessive pricing concerns (Aspen)

European Commission • July 2020

Antitrust: Commission seeks feedback on commitments offered by Aspen to reduce prices for six off-patent cancer medicines by 73% to address Commission’s concerns over excessive pricing* The European Commission invites comments from all interested parties on commitments offered by Aspen to (...)

14 Jul 2020 B

The EU Commission starts a market test on the proposed commitments offered by a pharmaceutical company to address the Commission’s concerns over excessive pricing for a range of off-patent cancer medicines (Aspen)

Peter L’Ecluse, Catherine Longeval, Koen T’Syen • July 2020

Today, the European Commission (the Commission) started a market test inviting comments from interested parties on commitments offered by Aspen Pharmacare Holdings (Aspen) to address the Commission’s concerns over excessive pricing for a range of off-patent cancer medicines (see, attached (...)

14 Jul 2020 B

The EU Commission invites parties to submit comments regarding a pharma company and its excessive pricing (Aspen)

Eugenia Caracciolo-Drudis • July 2020

On 14 July 2020, the Commission invited interested parties to submit comments on the commitments offered by global pharma company Aspen to address competition concerns in relation to Aspen’s excessive pricing for six critical off-patent cancer medicines in several national markets (excluding (...)

8 Jul 2020 C

Consumers’ "Decision-Making Sovereignty”: Challenging Business Models in the Data Economy (after the German Supreme Court in Facebook)

Isabelle de Silva, Andreas Mundt, Rohit Chopra, Cristina Caffarra, Andrea Gomes da Silva

Webinar of the "Law & Economics" Series organised by Concurrences, in partnership with CRA, with Rohit Chopra (Commissioner, Federal Trade Commission), Andrea Gomes da Silva (Executive Director - Markets and Mergers, Competition and Markets Authority, Andreas Mundt (President, (...)

8 Jul 2020 B

The EFTA Surveillance Authority discontinues investigation into abuse of dominance by a Norwegian airline company (Widerøe)

EFTA Surveillance Authority • September 2020

Competition: ESA discontinues Widerøe investigation* The EFTA Surveillance Authority (ESA) has discontinued an investigation regarding suspected breaches of the competition rules in the EEA Agreement. In 2016, ESA opened a formal investigation into whether Widerøe’s Flyveselskap AS (Widerøe) may (...)

8 Jul 2020 B

The Indian Competition Authority rejects complaint against trademark holders concluding that legitimate assertion of trademark rights is not an abuse of dominance (Prashant Properties / SPS Steels Rolling Mills)

Pallavi Shroff, John Handoll, Naval Satarawala Chopra, Shweta Shroff Chopra, Harman Singh Sandhu, Manika Brar, Aparna Mehra, Gauri Chhabra, Yaman Verma, Rohan Arora • September 2020

The CCI rejected at prima facie stage a complaint that SPS Steels Rolling Mills (SPS) and other related entities/individuals had abused their dominant position by making an announcement threatening civil and criminal prosecution of any person using the trademark ‘ELEGANT’ or associated (...)

7 Jul 2020 B

The South African Competition Tribunal publishes its written reasons to penalize a pharmaceutical chain for excessive pricing (Dis-Chem)

Michael-James Currie, John Oxenham • July 2020

South Africa’s Second Price Gouging Case: Dis-Chem Penalised For Excessive Pricing re Face Masks* On 14 July 2020, the South African Competition Tribunal published its written reasons in relation to its decision to penalize Dis-Chem (a large pharmaceutical chain in South Africa) for (...)

6 Jul 2020 C

Innovation Economics Conference for Antitrust Lawyers #4 "Platforms: The Envelopment Strategy" & Closing speech

Daniele Condorelli, Alexandre de Cornière, Amelia Fletcher, Andreas Mundt, Mike Walker, Richard Whish, Peter Roth

4th Webinar and Closing Speech of the « 4th Innovation Economics Conference » organised by Concurrences, in partnership with Compass Lexecon, with Daniele Condorelli (Associate Professor, University of Warwick, Academic Affiliate at Compass Lexecon), Alexandre de Cornière (Assistant Professor, (...)

30 Jun 2020 B

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 Authority • June 2020

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 (...)

29 Jun 2020 B

The UK Competition Authority fines a musical instrument firm for resale price maintenance (Roland / Korg)

UK Competition Authority • June 2020

Musical instrument firms to pay millions after breaking competition law* The CMA has fined 2 musical instrument makers a total of £5.5 million, in 2 separate cases, for breaking competition law by restricting online discounting of musical instruments. The fines on the companies, Roland and (...)

29 Jun 2020 B

The Dutch Competition Authority extends its investigation into abuse of dominance by manufacturer of orphan drug CDCA (Leadiant)

Dutch Competition Authority • June 2020

ACM extends its investigation into orphan drug CDCA-Leadiant* The Netherlands Authority for Consumers and Markets (ACM) extends its investigation into the orphan drug CDCA manufactured by Leadiant. The investigation focuses on the question whether the manufacturer abuses a dominant position in (...)

26 Jun 2020 C

Innovation Economics Conference for Antitrust Lawyers #3 App Developers: The Connect Economy

Oliver Bethell, Harry Clarke, Martin d’Halluin, John Davies, Nigel Parr, Liza Lovdahl Gormsen

3rd Webinar of the « 4th Innovation Economics Conference » organised by Concurrences, in partnership with Ashurst and Compass Lexecon, with Oliver Bethell (Director - EMEA Competition, Google), Harry Clarke (Associate General Counsel, Spotify), John Davies (Executive Vice President, Compass (...)

24 Jun 2020 C

Innovation Economics Conference for Antitrust Lawyers #2 Self-Preference: The Gatekeeper Role

Rod Carlton, Niamh Dunne, Giulio Federico, Gönenç Gürkaynak, William E. Kovacic, Rameet Sangha

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 (...)

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