Search results - Concurrences

4 Jun 2019

The Higher Regional Court of Düsseldorf overturns Federal Cartel Office’s prohibition of narrow best price clauses (Booking.com)

Andrzej Kmiecik • June 2019

On 4 June 2019, the Higher Regional Court of Düsseldorf (the “Court”) ruled that narrow best price clauses are not anticompetitive and overturned the decision of the Federal Cartel Office (“FCO”) prohibiting Booking.com from using such clauses in contracts with hotel operators. ‘Narrow’ best price (...)

4 Jun 2019

The Düsseldorf Court of Appeal quashes the Federal Cartel Office decision and finds a most favoured nation clause on a hotel booking platform to be compatible with antitrust law (Booking.com)

Silke Heinz • June 2019

Booking.com’s "narrow" MFN clauses now also permissible in Germany, Court of Appeals rules* On June 4, 2019, the Düsseldorf Court of Appeal quashed the decision of the Federal Cartel Office (“FCO”) prohibiting Booking.com to operate so-called narrow most favored nation (MFN) clauses (or best price (...)

25 Oct 2018

Most Favored Customer Clause and competition law: An overview of EU and national case law

Antoine Chapsal, Benoit d’Udekem, Marc Van Audenrode • MFC clause

Over the last few decades, business practices have evolved at an astonishingly fast pace. Products have become more sophisticated, pricing and contracting strategies have become more complex, and management tools have developed. Competition enforcement authorities have had to adapt to these (...)

30 Mar 2018

The Turkish Competition Authority publishes revised Guidelines on vertical agreements

Gönenç Gürkaynak • March 2018

The Turkish Competition Authority (“Authority”) completed its work in progress on revising the Guidelines on Vertical Agreements (“Guidelines”) that was issued based on the Block Exemption Communiqué on Vertical Agreements (“Communiqué No. 2002/2”). It took approximately 2 years for the Authority to (...)

12 Dec 2017

The Turkish Competition Board updates its guidelines on vertical agreements

Ercüment Erdem • December 2017

Introduction A number of studies have been undertaken in order to revise the Guideline on Vertical Agreements ("Vertical Guideline") in line with the developments in the European Union legislation, as well as to address the needs in the relevant sectors. Following the workshop that was held on (...)

27 Sep 2017

The Turkish Competition Board concludes its preliminary investigation into possible abusive pricing policies in the furnishing sector (Doğtaş Kelebek Mobilya / Yataş Yorgan ve Yatak)

Gönenç Gürkaynak • MFC clause

Introduction On January 9 2018 the Competition Board published a reasoned decision dated September 27 2017 (17-30/487-211) following its preliminary investigation into allegations by Doğtaş Kelebek Mobilya San ve Tic AŞ that Yataş Yorgan ve Yatak San ve Tic AŞ had violated Article 4 of Law 4054 on (...)

13 Jul 2017

The Spanish Competition Authority closes abuse of dominance proceedings by means of a commitments decision against a pharmaceutical company (IMS Health)

Pedro Callol • July 2017

On 13 July 2017, the NMCC closed the Article 102 TFEU and Article 2 of the Spanish Competition Act (Competition Act) proceedings related to the supply of pharmaceutical marketing data to IMS Health (IMS) by means of a commitments decision. The NMCC initiated the investigation, as a result of (...)

4 May 2017

The EU Commission accepts commitments to remove most favoured nation clauses from e-book distribution agreements (Amazon)

Andrzej Kmiecik • May 2017

On 4 May 2017, the European Commission (“Commission”) announced that it had accepted, pursuant to Article 9 of Regulation (EC) No.1/2003, to make binding commitments that Amazon offered ending the use of parity clauses in distribution agreements with electronic book (“e-book”) publishers. These (...)

4 May 2017

The EU Commission accepts remedies proposed by an electronic commerce company in the e-books case (Amazon)

European Commission • May 2017

Antitrust: Commission accepts commitments from Amazon on e-books* The European Commission has adopted a decision that renders legally binding the commitments offered by Amazon. The commitments address the Commission’s preliminary competition concerns relating to a number of clauses in Amazon’s (...)

6 avr. 2017

Bilan : L’Autorité de la concurrence rend public le rapport européen évaluant les effets des remèdes adoptés en Europe dans le secteur de la réservation hôtelière en ligne

Alain Ronzano • N° 3-2017

Le 6 avril 2017, l’Autorité de la concurrence a rendu public le rapport du groupe de travail du réseau européen de concurrence évaluant les effets des remèdes adoptés en Europe dans le secteur de la réservation hôtelière en ligne. Sous l’égide de la Commission, dix autorités nationales de concurrence ont (...)

28 Mar 2017

The UK Competition Authority publishes preliminary findings on price comparison websites

David R. Little, Maurits Dolmans, Paul Gilbert • March 2017

In September 2016, the Competition and Markets Authority (“CMA”) launched a Market Study into digital comparison tools (“DCTs”). On March 28, 2017, the CMA published an update on the Market Study setting out its preliminary findings and areas of focus for the second part of the Market Study. The (...)

9 févr. 2017

Prohibition des clauses de parité tarifaire : L’Autorité de la concurrence dresse un bilan pour le moins mitigé des engagements pris par la principale plateforme de réservation hôtelière mais aussi de la loi Macron (Booking)

Alain Ronzano • N° 2-2017

Le 9 février 2017, l’Autorité de la concurrence a rendu public — premier exercice du genre — un Bilan de l’efficacité des engagements pris par Booking.com à la faveur de la décision n° 15-D-06 du 21 avril 2015. Dans cette décision, l’Autorité avait instauré un exercice sui generis (pt. 6) : une procédure (...)

24 Jan 2017

The EU Commission seeks feedback on commitments proposed by an electronic commerce company in e-book investigation (Amazon)

European Commission • January 2017

Antitrust: Commission seeks feedback on commitments offered by Amazon in e-book investigation* The European Commission is inviting comments on commitments offered by Amazon to address competition concerns relating to parity clauses in contracts with publishers. The clauses may breach EU (...)

5 Jan 2017

The Turkish Competition Board concludes its investigation against an online booking platform (Booking.com)

Ercüment Erdem • January 2017

Introduction The Competition Board (“Board”) concluded its investigation with regard to the booking services provided by Booking.com B.V. (“Booking.com”) and by Bookingdotcom Destek Hizmetleri Limited Liability Company. During its investigation, the Board has evaluated whether Articles 4 and 6 of (...)

7 Nov 2016

The Belgian Competition Authority closes its investigation regarding a real estate website due to remedies offered by the undertaking (Immoweb)

Belgian Competition Authority • November 2016

The Investigation and Prosecution Service of the Belgian Competition Authority has closed its investigation against Immoweb due to commitments offered by Immoweb* On January 30 2015, the Investigation and Prosecution Service opened an ex officio investigation against Immoweb, the company (...)

15 Sep 2016

The EU Commission publishes initial findings of e-commerce sector inquiry report

Andrzej Chajęcki • September 2016

On 15 September 2016, the European Commission published a preliminary report on its initial findings in the e-commerce sector inquiry, aimed at identifying business practices in the sector that might restrict competition and limit consumer choice. This development follows the Commission’s report (...)

5 Feb 2016

The Canadian government increases the threshold for a pre-closing merger notification under the Competition Act

Kevin Ackhurst • February 2016

The threshold for certain pre-closing net benefit reviews under the Investment Canada Act (ICA) and the threshold for a pre-closing merger notification under the Competition Act have been increased for 2016. Competition Act Canada uses a two-part test for determining whether a pre-merger (...)

6 nov. 2015

Plateformes de réservation : La Commision de la concurrence suisse interdit à son tour les clauses de parité, mais renonce à sanctionner les agences de voyages en ligne (Booking/Expedia/HRS)

Alain Ronzano • N° 1-2016

COMCO, décision du 6 novembre 2015 (Booking/Expedia/HRS) Le 6 novembre 2015, la Commission suisse de la concurrence — la COMCO — a annoncé qu’elle avait mis fin, par une décision rendue le 19 octobre 2015, à son enquête ouverte à propos des pratiques contractuelles des trois principales agences de (...)

1 Oct 2015

The German Competition Authority publishes discussion paper on internet platforms in merger control, contractual restrictions of competition and abuse of dominance scenarios

Silke Heinz • October 2015

The FCO publishes discussion paper on internet platform markets* On October 1, 2015, the FCO published a paper entitled “Digital economy – internet platforms between competition law, privacy and consumer protection” on the occasion of a conference of the working group competition law (consisting (...)

16 Sep 2015

The UK Competition Authority closes its hotel online booking investigation (Booking.com)

UK Competition Authority • September 2015

CMA closes hotel online booking investigation* The CMA today announced that it has closed an investigation into suspected breaches of competition law in the hotel online booking sector. The investigation was launched by the Competition and Markets Authority’s (CMA) predecessor, the Office of (...)

1 Sep 2015

Defining restrictions “by object”

Lucas Peeperkorn • N° 3-2015 • pp. 40-50

This article develops a definition of restrictions by object which fits well in an overall effect-based approach under Article 101. Classification as restriction by object is justified if and how a particular type of restriction generally results in net negative effects, which can be expected (...)

30 Jun 2015

The US Court of Appeals for the 2nd Circuit reaffirms the principle that even vertical agreements that seem lawful in the abstract can, viewed in context, evidence a horizontal cartel (Apple)

George LoBiondo • June 2015

Second Circuit Affirms Ruling Against Apple in E-book Price-Fixing Case* We have previously posted about United States v. Apple, Inc., a blockbuster trial that ended with Judge Denise Cote of the Southern District of New York concluding that Apple had conspired with five publishing companies (...)

30 Jun 2015

The US Court of Appeals for the 2nd Circuit affirms ruling condemning masterminding the creation, organization and implementation of a conspiracy by five ebook publishers (Apple)

Thomas D. Nevins • June 2015

The Second Circuit’s Apple Ebooks Opinion* The Second Circuit affirmed the district court and held, 2 to 1, that defendant Apple Inc. had violated Section 1 by masterminding the creation, organization and implementation of a conspiracy by five publishers of ebooks that benefited Apple, as Apple (...)

16 Jun 2015

The OECD holds roundtable on disruptive innovations and their effect on competition

OECD • June 2015

Executive summary, by the Secretariat On 16 June 2015, the OECD Competition Committee held a Hearing on Disruptive Innovation (“Hearing”). The purpose of the Hearing was to discuss competition policy responses to new technologies or business models that have the potential of profoundly (...)

11 Jun 2015

The EU Commission opens an investigation on e-book’s distribution agreements concluded between several publishers and an electronic commerce company (Amazon)

European Commission • June 2015

Commission opens formal investigation into Amazon’s e-book distribution arrangements* The European Commission has opened a formal antitrust investigation into certain business practices by Amazon in the distribution of electronic books ("e-books"). The Commission will in particular investigate (...)

21 May 2015

The EU Competition Authorities adopt decisions on Most Favoured Nation clauses and rebate schemes that are relevant and applicable in the context of ASEAN competition law (Booking.com / Post Danmark)

Dominique Lombardi, Kala Anandarajah, Kimberly Frank, Tanya Tang • May 2015

Introduction As we move into the second half of the year, we examine two recent competition enforcement cases in Europe, and consider their relevance and applicability in the context of ASEAN competition law. Specifically, we discuss the position taken in Europe with regards to Most Favoured (...)

21 Apr 2015

The Italian Competition Authority renders legally binding the commitments proposed by an online hotel booking company (Booking.com)

Italian Competition Authority • April 2015

Commitments offered by booking.com: closed the investigation in Italy, France AND Sweden* On 21 April 2015, the Italian Competition Authority has rendered legally binding the commitments offered by Priceline Group’s companies Booking.com BV and Booking.com (Italy) and closed, with respect to (...)

21 Apr 2015

The Italian Competition Authority issues a commitment decision and closes an investigation regarding contracts concluded between online booking websites and their partner hotels (Online Hotel Reservation)

Michele Giannino • April 2015

By a commitment decision made on 21 April 2015 in the Mercato dei Servizi Turistici-Prenotazione Alberghiere Online case (thereinfter Online Hotel Reservation) the Italian Competition Authority (ICA) has closed an Article 101 TFEU investigation against Booking. The ICA has launched the (...)

19 Mar 2015

The notion of dominance in competition law: An overview of EU and national case law

Pinar Akman • Notion of dominance

The notion of dominance in competition law can be considered as one of the ‘gatekeeper’ factors in the application of laws prohibiting abuse of a dominant position. This is because at least in some jurisdictions such as the European Union (EU) once an undertaking under investigation is (...)

2 Feb 2015

Internet and Antitrust: An overview of EU and national case law

Henry Mostyn, Maurits Dolmans • Internet & Antitrust

I. Introduction This e-Competitions Special Issue collects articles on competition law developments relating to the Internet at national and EU levels, as authorities seek to apply antitrust principles to the new world of online services. The changes brought about by the Internet cut across (...)

1^er janv. 2015

Nouvelles pratiques en ligne : Trublion ou stimulant de la concurrence ?

Francesco Rosati, Marc Abenhaïm, Martine Karsenty-Ricard • N° 1-2015 • pp. 12-20

La pratique des enchères électroniques inversées est réglementée en France depuis la loi du 2 août 2005, dite “loi Dutreil”, légèrement modifiée par une loi du 3 janvier 2008, qui a introduit, dans le code de commerce, un article L. 442-10. Ce texte prévoit les conditions dans lesquelles est valable le (...)

21 Nov 2014

The US District Court for the Southern District of New York approves a settlement which comprises three different scenarios in a cartel case in the e-books sector (Apple e-books)

Nicole Daniel • November 2014

Apple e-books settlement gets final court approval* On 21 November 2014 US District Judge Denise Cote gave her final approval to a settlement of the Apple e-book class action. The class action against Apple arose from allegations that Apple and five publishers conspired on the publishing (...)

8 Sep 2014

The Canadian Competition Tribunal holds that third parties cannot challenge merits of competition settlements (Kobo)

Michael Osborne • September 2014

Third parties cannot challenge merits of competition settlements* Third parties cannot challenge underlying facts Third parties cannot challenge the factual basis underpinning settlements between the Commissioner of Competition and targets of inquiries under the Competition Act, the (...)

16 Jun 2014

A US District Court receives notification that the class plaintiffs, state plaintiffs and the defendant have reached an agreement concerning the lawsuit in the e-books prices fixing case (Apple)

Nicole Daniel • June 2014

Apple settles with U.S. states and consumers in the e-books price fixing case* According to documents filed in a New York court on 16 June 2014, Apple has reached an agreement in principle with state governments and consumers who filed a class-action lawsuit in the e-books price fixing case (...)

7 May 2014

The Italian Competition Authority initiates antitrust proceedings concerning the use of most favored nation clauses in the online hotel reservations space (Booking.com / Expedia)

Gabriele Accardo • May 2014

Italian competition authority investigates online hotel bookings* On 7 May 2014, the Italian Competition Authority (“Agcm”) initiated proceedings (decision only available in Italian) against Booking.com and Expedia in the online hotel reservations space. This is yet another case in the wake of (...)

7 May 2014

The Italian Competition Authority opens an article 101 TFEU enquiry focused on the most favoured nation clauses (Hotel Online Reservation)

Michele Giannino • May 2014

In the Online Hotel Reservation case the Italian Competition Authority (ICA) has launched an Article 101 TFEU investigation into contracts entered by two major online travel agencies (OTA), Expedia and Booking, with their partner hotels. More precisely, the ICA investigation will focus on the (...)

7 May 2014

The Italian Competition Authority launches an investigation for alleged vertical agreements entered into with their partner hotels in violation of Article 101(1) TFEU (Booking.com / Expedia)

Caterina Migani • May 2014

On 7 May 2014, the Italian Competition Authority (Autorità Garante della Concorrenza e del Mercato, the “Authority”) launched an investigation against Booking.com BV (hereinafter, “Booking”), Booking.com (Italia) S.r.l., Expedia Inc. (hereinafter, “Expedia”), and Expedia Italy S.r.l. for alleged (...)

29 Apr 2014

The Canadian Competition Tribunal suspends a settlement entered into by the Competition Bureau with ebook publishers related to a price MFN clause (Kobo)

Michael Osborne • April 2014

The Ebooks Saga: Kobo’s challenge explained* Ebook retailer Kobo is challenging a settlement entered into by the Competition Bureau with ebook publishers. The settlement has been stayed pending this challenge. Kobo’s challenge may have major implications for competition law enforcement in (...)

20 Mar 2014

Most Favored Customer Clause and competition law: An overview of EU and national case law

Justin Coombs • MFC clause

An MFC is an agreement between a supplier and an individual customer, where the supplier agrees that it will not supply another customer on more favourable terms than the first customer. For example, suppose that a supplier has two customers: A and B. If the supplier agrees an MFC with customer (...)

18 Mar 2014

The Canadian Competition Tribunal suspends the registration of the consent agreement between the Commissioner of Competition and a number of e-books publishers until the determination of the application to rescind or amend this agreement (Kobo)

Michael Osborne • March 2014

Kobo Obtains Stay of Ebooks Settlement* The ebooks settlement reached between the Competition Bureau and four major ebook publishers has been stayed pending the determination of a challenge brought by ebook retailer Kobo Inc. to the settlement. Kobo argues that its contracts with the four (...)

18 Feb 2014

The U.S. District Court of Dallas dismisses antitrust claims because plaintiffs did not plausibly state an agreement on the market for direct online sale of hotel room reservations leaving the question of potential anticompetitive effect of the most favored nation (MFN) clause without an answer (OTC / Hotel Booking)

Steven J. Cernak • February 2014

OTA Case Turns Out to Be Less about MFNs and More about Agreement* Back in September 2012, the potential anticompetitive aspects of most favored nation (MFN) clauses was the hot antitrust topic. While antitrust counselors (and courts) had found the clauses to be innocuous almost all the time, (...)

18 Feb 2014

The U.S. District Court of Dallas dismisses a class action lawsuit filed by an online travel discount company against 12 dominant hotel chains and 9 online travel agencies alledging unfair exclusion from the market (OTC / Hotel Booking)

Gabriele Accardo • February 2014

U.S. District Judge in Texas dismisses class action lawsuit against conspiracy by online travel agencies and hotels to fix the price of hotel rooms* On 18 February 2014, U.S. District Judge Jane Boyle of the Northern District of Texas Dallas Division dismissed a class action lawsuit that (...)

20 Dec 2013

The German Competition Authority forbids the application of a most favoured nation clause and orders its removal from the contracts between hotels and booking portals (HRS / Expedia / Booking.com)

German Competition Authority • December 2013

Online hotel portal HRS’s ’best price’ clause violates competition law – Proceedings also initiated against other hotel portals* Bonn, 20 December 2013: Today the Bundeskartellamt prohibited HRS from continuing to apply its ’best price’ clause (most favoured nation clause) and ordered the company to (...)

20 Dec 2013

The German Competition Authority issues a press release concerning its decision to prohibit a hotel booking portal from continuing to apply its “best price” clause (HRS / Expedia / Booking.com)

Gabriele Accardo • December 2013

German Federal Cartel Office bans use of MFN clauses by HRS and opens new proceedings against Booking.com and Expedia* On 20 December 2013, Germany’s Federal Cartel Office (“FCO”) issued a press release concerning its decision to prohibit the hotel booking portal HRS from continuing to apply its (...)

20 Dec 2013

The UK Competition Authority opens a consultation on the revised commitments proposed by online travel agencies in relation to rebates (Booking.com / Expedia)

Gabriele Accardo • December 2013

UK OFT weighs revised commitments in the online hotel accommodation bookings* On 20 December 2013, the United Kingdom’s Office of Fair Trading (“OFT”) opened a consultation on the revised commitments proposed by Booking.com B.V. (“Booking.com”), Expedia Inc (“Expedia”) and InterContinental Hotels (...)

15 Nov 2013

The U.S. Senate’s Subcommittee on Antitrust, Competition Policy and Consumer Rights holds cartel related hearings

Steve Szentesi • November 2013

New Publications: DoJ & FTC Testimony Posted from Antitrust Subcommittee Hearings* The Americans are not ones to pussy foot around when it comes to economic crime. Yesterday, the U.S. Senate’s Subcommittee on Antitrust, Competition Policy and Consumer Rights held cartel related hearings (...)

10 Oct 2013

The ECN Working Group on Competition Law gathers in Bonn to discuss matters related to vertical restraints in the internet economy

German Competition Authority • October 2013

Vertical Restraints in the Internet Economy - Meeting of the Working Group on Competition Law in Bonn* Bonn, 14 October 2013: On 10 October 2013 the Working Group on Competition Law met in Bonn at the invitation of the Bundeskartellamt. At this year’s meeting more than 100 competition law (...)

5 Sep 2013

The U.S. District Court for the Southern District of New York establishes collusion to eliminate retail price competition for e-books and imposes restrictions on deals with publishers for the next five years (Apple)

Nicole Daniel • September 2013

U.S. District Court rules Apple colluded on E-Book Prices* On 10 July 2013 the District Court in Manhattan ruled in United States v. Apple Inc., et al that Apple conspired with five major publishers to raise prices on e-books. The publishers settled and denied any wrongdoing. However, the case (...)

9 Aug 2013

The UK Competition Authority issues draft commitments in an investigation into the sector for hotel online booking (IHG / Expedia / Booking.com)

Peter Malone • August 2013

Hotel Online Booking: The OFT announces its intention to accept binding commitments* On 9 August 2013, the OFT issued draft commitments in the Hotel Online Booking investigation. The OFT has investigated the relevant markets for over 2 years and has provisionally found that certain hotels (...)

2 Aug 2013

The US DoJ proposes a remedy to address antitrust violations in the e-book market (Apple)

Jeffrey May • August 2013

Justice Department Proposes Remedy for Apple’s Antitrust Violations in e-Book Market* The Department of Justice Antitrust Division on Friday filed its proposed remedy with the federal district court in New York City, addressing Apple Inc.’s role in a conspiracy among publishers to fix retail (...)

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