Search results - Concurrences

4 Jan 2021 B

The US DoJ announces that a ready-mix concrete company admitted to fixing prices and rigging bids (Argos USA)

US Department of Justice Antitrust Division • January 2021

Ready-Mix Concrete Company Admits to Fixing Prices and Rigging Bids in Violation of Antitrust Laws* Argos USA LLC, a producer and seller of ready-mix concrete headquartered in Alpharetta, Georgia, was charged with participating in a conspiracy to fix prices, rig bids, and allocate markets for (...)

4 Jan 2021 B

The Italian Competition Authority closes investigations against two football teams for unfair clauses in season ticket contracts(Brescia / Lecce)

Italian Competition Authority • January 2021

ICA: investigations closed against the Brescia and Lecce football teams for unfair clauses in season ticket contracts* The football clubs have modified their contractual conditions, however Lecce’s clauses excluding reimbursement in the event of supervening impossibility of providing the (...)

4 Jan 2021 R

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

Alain Ronzano • N° 1-2021

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 (...)

29 Dec 2020 B

The German Competition Authority releases its review of 2020

German Competition Authority • January 2021

Bundeskartellamt – Review of 2020* In 2020, the Bundeskartellamt imposed fines in cartel proceedings totalling approx. 358 million euros, examined around 1,200 corporate mergers, received more than 120 applications for review in public procurement cases and conducted important abuse of (...)

23 Dec 2020 B

The German Competition Authority fines five aluminium forging companies and ten employees responsible for engaging in illegal anti-competitive agreements (Otto Fuchs / Leiber / Emmingen-Liptingen..)

German Competition Authority • January 2021

Bundeskartellamt - Cartel Prosecution* Fines imposed on aluminium forging companies on account of anti-competitive agreements Bonn, 23 December 2020: The Bundeskartellamt has imposed fines totalling approximately 175 million euros on five aluminium forging companies and ten employees (...)

22 Dec 2020 B

The Portuguese Competition Authority imposes fines on six large retail food chains and two suppliers for price fixing, harmful to consumers (Modelo Continente / Pingo Doce / Auchan)

Portuguese Competition Authority • January 2021

The AdC imposed fines on six large retail food chains and two suppliers for price fixing, harmful to consumers* The decisions The AdC – Autoridade da Concorrência imposed a total fine of circa €304 million on six large food retail chains, two beverage suppliers, a board member and a director (...)

21 Dec 2020 B

The Spanish Competition Authority initiates proceedings against the Catalan National Assembly for the launch of an anticompetitive advertising campaign (Catalan National Assembly)

Spanish Competition Authority • January 2021

The CNMC initiates disciplinary proceedings against the Catalan National Assembly.* It investigates potentially unfair practices involving the launch of the “Strategic Consumption” campaign. This campaign encourages consumers not to buy certain products for reasons unrelated to competition (...)

18 Dec 2020 B

The Australian Competition Authority proposes to authorise national dairy farmers association licensing scheme (Fair Go Dairy)

Australian Competition Authority • January 2021

ACCC proposes to authorise ’Fair Go Dairy’ licensing scheme* The ACCC is proposing to authorise the Queensland Dairyfarmers’ Organisation Limited’s (QDO) Fair Go Dairy licensing scheme for five years. Under the scheme, QDO will grant processors a licence to use the ‘Fair Go Dairy’ logo on (...)

18 Dec 2020 B

The UK Competition Authority accepts legally binding commitments from a pharma company to continue supplying a key bipolar drug at an affordable price (Essential Pharma)

Peter L’Ecluse, Catherine Longeval, Koen T’Syen • January 2021

The UK Competition and Markets Authority (CMA) published today its decision accepting binding commitments from Essential Pharma (EP) to continue supplying for at least 5 years a medicine for the first line treatment of bipolar disorder and other mental conditions at a price considered (...)

18 Dec 2020 B

The German Competition Authority clears a merger between a vehicle glass specialist and its competitor (Carglass / ATU)

German Competition Authority • January 2021

Carglass can acquire parts of ATU’s vehicle glass business* After closer examination the Bundeskartellamt has decided that the Belron Group, Carglass GmbH’s parent company, can acquire ATU’s vehicle glass business. Carglass operates around 350 service centers in Germany. Since its acquisition in (...)

18 Dec 2020 B

The Italian Competition Authority fines American crowdfunding platform for unfair commercial practices (GoFundMe)

Italian Competition Authority • January 2021

ICA: 1.5 million fine to GoFundMe for unfair commercial practices* The fundraising platform has provided misleading information on the absence of costs as to making donations and has preset the commission in its favor with the possibility of modifying it after several steps that are not always (...)

18 Dec 2020 B

The UK Competition Authority accepts the commitments of a pharmaceutical company to continue supplying a bipolar medicine to the national market (Essential Pharma)

Samuel Hall • January 2021

On 18 December 2020, the UK Competition and Markets Authority (“CMA”) announced that it had accepted Essential Pharma’s commitments to continue supplying a bipolar medicine to the UK market. Essential Pharma is a supplier of both Priadel and Camcolit, long-term treatments for individuals (...)

17 Dec 2020 B

The German Competition Authority does not oppose two undertakings’ joint payment system

German Competition Authority • January 2021

The Bundeskartellamt has no objections to Deutsche Kreditwirtschaft’s first steps to introduce a joint payment system* The Bundeskartellamt has no objections to the first stage of implementation of Deutsche Kreditwirtschaft’s (German Banking Industry Committee) “Xpay” or “#DK” project to set up a (...)

17 Dec 2020 B

The US FTC approves a final order settling charges that the acquisition by a medical device company of its competitor would violate federal antitrust law (Stryker / Wright Medical Group)

US Federal Trade Commission • January 2021

FTC Approves Final Order Imposing Conditions on Stryker Corp.’s Acquisition of Wright Medical Group N.V.* Following a public comment period, the Federal Trade Commission has approved a final order settling charges that medical device company Stryker Corp.’s proposed $4 billion acquisition of (...)

15 Dec 2020 B

The EU Commission announces a package of digital markets legislation intended to better regulate major online platforms and to protect consumers and businesses

Lesley Hannah, Kio Gwilliam • January 2021

On 15th December, the European Commission announced a package of digital markets legislation intended to give the Commission the power to better regulate major online platforms and to protect European consumers and businessess for effectively: the Digital Services Act and the Digital Markets (...)

15 Dec 2020 B

The EU Commission proposes legislation to overhaul regulation of digital platforms in the EU

Kyriakos Fountoukakos, Stephen Wisking, Peter Rowland, Camille Puech-Baron • January 2021

On 15 December the European Commission announced far-reaching proposals for regulation of the digital sector in the form of a Digital Services Act (DSA) and a Digital Markets Act (DMA). In summary the DSA contains new rules including on illegal content and transparency. It applies to all (...)

15 Dec 2020 B

The German Competition Authority investigates the sale of dietary supplements via telemarketing using unfair practices

German Competition Authority • January 2021

The GVH is investigating the sale of dietary supplements via telemarketing* The Hungarian Competition Authority (GVH) has initiated a proceeding against two undertakings, which may have been promoting the ‘Helvetia Apotheke’ dietary supplements using unfair practices. Based on the high number (...)

15 Dec 2020 B

The EU Commission proposes regulation on a single market for digital services

Andreas Reindl, Margot Vogels, Maria-Olga Papadopoulou • January 2021

On 15 December 2020, the European Commission (the “Commission”) presented a legislative package consisting of a proposed Regulation on a Single Market for Digital Services (“Digital Services Act” or “DSA”), which creates new rules applicable to providers of online intermediary services, as well as a (...)

15 Dec 2020 B

The EU Commission publishes the digital services act intended to modernize the legal framework for digital services in the European Union

Vito Petretti, Oliver Bell • January 2021

The European Commission (Commission) published the first draft of the Digital Services Act (DSA) and the Digital Markets Act (DMA) on December 15 2020. Morgan Lewis previously reported on the anticipated DSA. The DSA and DMA are intended to modernize the legal framework for digital services in (...)

15 Dec 2020 B

The EU Commission unveils sweeping proposals to regulate the digital sector

Laurent de Muyter, Bernard Amory, Alexandre G. Verheyden, Yvan N. Desmedt, Eric Barbier de la Serre, Craig A. Waldman, Jörg Hladjk, Undine Von Diemar, Matt Evans • January 2021

In Short The Development: The European Commission ("EC") recently released two long-awaited legislative proposals, the Digital Services Act ("DSA") and Digital Markets Act ("DMA"), that would significantly increase the EC’s regulatory oversight of online platform companies (previewed in our (...)

15 Dec 2020 B

The EU Commission publishes new obligations and sanctions for digital gatekeepers

Marie-Laure Combet, Boris Marschall • January 2021

The debate about competition issues and unfair practices specific to online platforms and the appropriate tools to tackle them was taken a step further by the European Commission (‘Commission’), which presented two legislative proposals on 15 December 2020: The Digital Services Act (‘DSA’) and (...)

15 Dec 2020 B

The EU Commission issues the proposed digital markets act aimed to complement antitrust intervention in digital markets with ex-ante regulation in the form of a set of obligations that platforms identified as “gatekeepers” should abide by

Cristina Caffarra, Fiona M. Scott-Morton • January 2021

The European Commission Digital Markets Act: A translation* The European Commission has finally issued the proposed Digital Markets Act, its bid to complement antitrust intervention in digital markets with ex-ante regulation in the form of a set of obligations that platforms identified as (...)

15 Dec 2020 B

The EU Commission publishes a draft regulation aiming the imposition of ex-ante obligations on providers of certain pre-defined core platform services that qualify as gatekeepers

Gönenç Gürkaynak, Barış Yüksel, Baran Can Yıldırım, Zeynep Ayata Aydoğan • January 2021

1. Introduction The draft Regulation of the European Parliament and of the Council on Contestable and Fair Markets in the Digital Sector (Digital Markets Act) (“DMA Proposal”) was announced by the European Commission (“Commission”) on December 15, 2020. The DMA Proposal envisages the imposition of (...)

11 Dec 2020 B

The UK Supreme Court dismisses the appeal of a financial services company in a class action related to an alleged overcharging of interbank fees (Merricks / Mastercard)

Louise Freeman, Alexander Leitch, Johan Ysewyn, James Marshall, Peter D. Camesasca, Harry Denlegh Maxwell • January 2021

The UK Supreme Court has today ruled in favour of Walter Merricks, the former head of the UK Financial Ombudsman Service., in a hotly-anticipated judgment in the first opt-out competition class action brought in the UK. Background Mr Merricks is the proposed class representative for 46.2 (...)

11 Dec 2020 B

The UK Supreme Court receives actions from consumers and small businesses to seek redress for price fixing and abuses of dominant power in the financial services sector (Merricks / Mastercard)

Anthony Maton • January 2021

In 2015, the legislation introducing a UK collective litigation procedure for competition claims came into force – enabling consumers and small businesses to seek redress for the anti-competitive behaviours of price fixing and abuses of dominant power. Five years later, and such a collective (...)

11 Dec 2020 B

The UK Supreme Court overturns a Competition Appeal Tribunal’s ruling and clarifies the class action regime in a proceeding brought against a credit card company (Merricks / Mastercard)

Stephen Wisking, Kim Dietzel, Andrew North, Ruth Allen • January 2021

Earlier today the Supreme Court handed down its hotly-anticipated judgment regarding the certification of an opt-out competition collective action brought by Walter Merricks against Mastercard. The claim is seeking £14bn in damages on behalf of some 46.2 million UK consumers, in respect of (...)

11 Dec 2020 B

The UK Supreme Court dismisses the appeal of a financial services company by upholding the decision of the Court of Appeal and makes a significant impact on the national collective proceedings for the future (Merricks / Mastercard)

Marc Israel, Kate Kelliher • January 2021

In a landmark judgment (and in unusual circumstances), the UK Supreme Court has held that the ongoing Merricks v Mastercard case should be referred back to the Competition Appeal Tribunal (CAT). Not only is this a step towards Merricks’ claim that interchange fees were "an invisible tax on UK (...)

11 Dec 2020 B

The UK Supreme Court hands down a significant judgment relating to the certification of a £14bn opt-out competition collective action brought against a credit card company (Merricks / Mastercard)

Daniel Woods, Stephen Wisking, Kim Dietzel, Ruth Allen • January 2021

On 11 December 2020 the Supreme Court handed down a very significant judgment relating to the certification of a £14bn opt-out competition collective action brought by Walter Merricks against Mastercard, in respect of losses alleged to have resulted from the use of anti-competitive multilateral (...)

11 Dec 2020 B

The UK Supreme Court gives guidance on collective proceedings in competition appeal tribunal in the financial services sector (Merricks / Mastercard)

Chris Collins, Elvira Aliende Rodriguez, Jonathan Swil, Ozlem Fidanboylu • January 2021

In our May 2020 Competition Litigation Update, we covered the hearing of the landmark Supreme Court case of Mastercard Incorporated v Walter Hugh Merricks [2020] UKSC 51. The Supreme Court has now handed down its judgment in the case which concerned the test for the certification of collective (...)

11 Dec 2020 B

The UK Supreme Court lowers the bar for certification of class actions when giving its judgment against a financial services company (Merricks / Mastercard)

Henry Gafsen, Nicholas Heaton, Paul Chaplin • January 2021

In a key decision, the UK Supreme Court has given guidance on the threshold for certifying a class action for breach of competition law. The Court’s judgment in Mastercard v Merricks will make it easier to obtain class certification and will likely encourage a significant increase in class (...)

11 Dec 2020 B

The UK Supreme Court hands down a landmark judgment, finding that the Competition Appeal Tribunal incorrectly rejected an application for certification to bring collective proceedings (Merricks / Mastercard)

Jonathan Speed, Megan Curzon, Peter Willis • January 2021

The UK Supreme Court has handed down a landmark judgment, finding that the Competition Appeal Tribunal (CAT) incorrectly rejected an application for certification to bring collective proceedings. This decision sets out important clarifications on the framework to be applied by the CAT when (...)

11 Dec 2020 B

The UK Supreme Court clarifies low bar for class action certification (Merricks / Mastercard)

Bill Batchelor, Bruce Macaulay, Jonathon J. Egerton-Peters, Aurora Luoma, Sym Hunt • January 2021

On 11 December 2020, the U.K. Supreme Court (the Court) handed down its much-awaited ruling in Merricks v Mastercard, dismissing Mastercard’s appeal against the English Court of Appeal’s April 2019 decision in a 3-2 ruling. The main aspects of the decision are explained below: This ruling (...)

10 Dec 2020 B

The German Competition Authority examines linkage between virtual reality products brand and social network company (Oculus / Facebook)

German Competition Authority • January 2021

Bundeskartellamt examines linkage between Oculus and the Facebook network* The Bundeskartellamt has today initiated abuse proceedings against Facebook to examine the linkage between Oculus virtual reality products and the social network and Facebook platform. Andreas Mundt, President of the (...)

10 Dec 2020 B

The German Competition Authority announces that it has initiated abuse proceedings against a social platform company for linkage with a virtual reality products brand (Oculus / Facebook)

Kyriakos Fountoukakos, Peter Rowland, Marcel Nuys, Florian Huerkamp • January 2021

The German FCO has not lost its appetite to take on major tech companies. Today, it has announced that it has initiated abuse proceedings against Facebook to examine the linkage between Oculus virtual reality products and Facebooks’ social network. The accusations against Facebook Facebook’s (...)

10 Dec 2020 B

The New Zealand Competition Authority releases preliminary issues and proposed scope for grocery study

New Zealand Competition Authority • January 2021

Commission releases preliminary issues and proposed scope for grocery study* The Commerce Commission has today released a paper outlining the preliminary issues it may explore and the proposed scope for its market study into the grocery sector. “We expect that the issues we focus on will (...)

10 Dec 2020 B

The Dutch Competition Authority launches a study into the functioning of algorithms in practice

Dutch Competition Authority • January 2021

ACM launches a study into the functioning of algorithms in practice* Today, the Netherlands Authority for Consumers and Markets (ACM) launched a trial in which it seeks to find out how it can monitor in practice the functioning of algorithms that businesses use. ACM wants to use this knowledge (...)

10 Dec 2020 B

The New Zealand Competition Authority seeks feedback on funding to improve work in regulated sectors

New Zealand Competition Authority • January 2021

Commission seeks feedback on funding to improve work in regulated sectors* The Commerce Commission is seeking feedback on the level of funding needed over the next five years to help deliver its regulation of the telecommunications, electricity and gas sectors. The Commission’s regulatory (...)

9 Dec 2020 B

The US State of New York Attorney General (AG) leads a bipartisan lawsuit by 46 State AGs, District of Columbia AG, and Territory of Guam AG seeking to end the dominant social network company’s allegedly illegal monopoly, including predatory acquisitions and reduction of privacy protections for consumers (US State AGs / Facebook)

US State Attorney General New York • January 2021

Attorney General James Leads Multistate Lawsuit Seeking to End Facebook’s Illegal Monopoly* AG James Leads Bipartisan Coalition of 48 Attorneys General Charging Anticompetitive Conduct Facebook Thwarted Competition, Reduced Consumer Privacy for Profits New York Attorney General Letitia James (...)

9 Dec 2020 B

The Portuguese Competition Authority issues a statement of objections to supermarket chains and supplier of cosmetics for price fixing (Modelo Continente / Pingo Doce / Auchan / Beiersdorf)

Portuguese Competition Authority • January 2021

AdC issues Statement of Objections to supermarkets and Beiersdorf for price fixing, harmful to consumers* The AdC – Autoridade da Concorrência issued a Statement of Objections to the supermarket chains Modelo Continente, Pingo Doce and Auchan and the supplier of cosmetics and personal care (...)

8 Dec 2020 C

The Global Antitrust Economics Conference: Consumer Protection & Antitrust

Andrew Smith, Jeffrey Amato, Joseph Farrell, Kinshuk Jerath, Thomas Philippon, Scott Hemphill

This webinar was organized by Concurrences, in partnership with New York University Stern School of Business, Analysis Group, Axinn, Bates White, the Brattle Group, Charles River Associates, Cornerstone Research, Cravath, Labaton Sucharow, Orrick, and Winston & Strawn with Andrew Smith (US (...)

8 Dec 2020 B

The UK Competition Authority advises the Government on a regulatory regime for tech giants

UK Competition Authority • January 2021

CMA advises government on new regulatory regime for tech giants* The CMA has issued advice to government on the design and implementation of the UK’s new pro-competition regime for digital markets. New regime will proactively shape the behaviour of the most powerful tech firms It will ensure (...)

8 Dec 2020 B

The UK Competition Authority, along with other national competition authorities, secures privacy changes to tech company’s mobile app store (Apple App Store)

UK Competition Authority • January 2021

CMA and global partners secure privacy changes to the App Store* Following international intervention, Apple will shortly indicate on its App Store what personal data each app uses, empowering consumer choice. The UK’s Competition and Markets Authority (CMA), along with the Netherlands (...)

8 Dec 2020 B

The French Competition Authority rejects a complaint formed by travel agencies on the basis that there is no evidence of anticompetitive practices resulting from failure to refund cancelled flights due to the COVID-19 outbreak (Cediv Travel)

French Competition Authority • January 2021

Failure to refund cancelled flights: the Autorité de la concurrence rejects the complaint by travel agencies on the basis that there is no evidence of anticompetitive practices. The Autorité’s decision should not prejudge the compatibility of practices with European Regulation No. 261/2004 (...)

8 Dec 2020 B

The UK Competition Authority proposes a pro-competition regime for digital markets

Mark Jephcott, Peter Rowland, Kristien Geeurickx • January 2021

On 8 December 2020 the CMA issued advice to the UK government on the design and implementation of a new pro-competition regime for digital markets. The advice was prepared by the Digital Markets Taskforce (DMT) formally launched by the CMA on 1 July 2020, following recommendations by the (...)

8 Dec 2020 B

The Dutch Competition Authority calls big tech company to inform consumers about the data use of apps (Apple)

Dutch Competition Authority • January 2021

Apple informs consumers about the data use of apps following call from regulators worldwide* Apple will indicate in its App Store what personal data each app uses. Starting today, app providers are required to include such information on their products’ pages in app stores. This information (...)

8 Dec 2020 B

The UK Competition Authority publishes recommendations for the regulation of digital markets

James Marshall, Thomas Reilly • January 2021

The UK Competition and Markets Authority (“CMA”) has published advice to the UK Government on the design and implementation of a new regulatory regime for digital markets. The new regime, if implemented, will apply to certain digital businesses that are designated as having Strategic Market (...)

8 Dec 2020 B

The UK Competition Authority gradually moves towards a mandatory notification regime

Chloe Birkett, Peter Willis • January 2021

In recent years, the Competition and Markets Authority (CMA) has become noticeably more pro-active and interventionist in reviewing transactions. In 2019 more than 50% of mergers referred to Phase 2 were prohibited or abandoned. At Phase 2 in 2020, the CMA has already issued three prohibitions (...)

8 Dec 2020 B

The UK Competition Authority proposes national competition regime for large tech firms

Bill Batchelor, Ingrid Vandenborre, Aurora Luoma, Alexander Kamp, Michael J. Frese • January 2021

The U.K. Competition and Markets Authority (CMA) has advised the U.K. government to create additional competition rules for large tech firms and platforms: Large tech firms considered to have “strategic market status” (SMS) should be subject to an enforceable code of conduct to prevent (...)

8 Dec 2020 B

The UK Competition Authority publishes report setting out recommendations which the Government could implement to regulate technology firms in a way that promotes competition in digital markets

Anna Stellardi, Anna Morfey, Stella Gartagani, Kio Gwilliam • January 2021

In December 2020, the CMA’s Digital Markets Taskforce (DMT) published its report setting out 15 recommendations which the UK Government could implement to regulate technology firms with ‘strategic market status’ (SMS) in a way that promotes competition, innovation and protects consumers and (...)

7 Dec 2020 B

The Irish Competition Authority welcomes proposed reforms to legal education and training

Irish Competition Authority • January 2021

CCPC welcomes proposed reforms to legal education and training* The Competition and Consumer Protection Commission (CCPC) welcomes the recent publication of the Legal Services Regulatory Authority’s (LSRA) report into the education and training of legal practitioners. Over the years, the CCPC (...)

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