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The US FTC confirms the initial decision that the acquisition of a rival lessens competition in the market for microprocessor-driven prosthetic knees (Otto Bock / Freedom)BUYER BEWARE: FTC ORDERS UNWINDING OF A CONSUMMATED TRANSACTION* What happened? On November 6, 2019, the Federal Trade Commission (“FTC”) voted 5-0 to uphold Administrative Law Judge D. Michael Chappell’s initial decision that Otto Bock HealthCare GmbH’s (“Otto Bock”) acquisition of rival Freedom (...)
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Market definition in the digital economy: An overview of EU and national case lawMany of the major recent European competition proceedings, which also attracted siginificant public attention, concerned companies in the digital economy. The most prominent cases include the mergers of Facebook with WhatsApp and Instagram, cases of abusive behavior such as the Google Shopping (...)
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The EU Commission imposes interim measures on a technology company suspected to have abused of its dominance in the TV and modem chipset markets (Broadcom)Antitrust: Commission imposes interim measures on Broadcom in TV and modem chipset markets* The European Commission has ordered Broadcom to stop applying certain provisions contained in agreements with six of its main customers. This will prevent serious and irreparable harm to competition (...)
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The EU Commission imposes interim measures on a company for abuse of dominance in the TV and modem chipset markets (Broadcom)On 16 October 2019, the European Commission adopted a decision ordering Broadcom to stop applying certain provisions contained in agreements with six of its main customers in the TV and modem chipset markets. According to the Commission’s press release, Broadcom was prima facie found to be (...)
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The EU Commission imposes interim measures on a company for abuse of dominance in the TV and modem chipset markets (Broadcom)On 16 October 2018, the European Commission announced that, in the framework of its investigation into possible anticompetitive practices by Broadcom, it had imposed interim measures on the American company. This is the first time in 18 years that the Commission uses the power enshrined in (...)
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The EU Commission finds on a prima facie basis, that an undertaking abused its dominant position and orders to cease its prima facie abusive conduct in order to avert the risk of damage to competition (Broadcom)INTERIM MEASURES IMPOSED ON BROADCOM: THE RE-AWAKENING OF A ONCE-DORMANT TOOL?* The European Commission (EC) has found, on a prima facie basis, that Broadcom abused its dominant position. In order to avert the risk of serious and irreparable damage to competition, Broadcom has been ordered to (...)
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Numérique et concurrence : Faut-il revoir les règles ?1ère édition de la conférence "Numérique et concurrence" organisée par Concurrences, en partenariat avec Covington & Burling, CRA International, Freshfields Bruckhaus Deringer, Google et Intesa Sanpaolo.
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The UK Competition Authority raises competition concerns regarding a merger in the markets of supply of IT systems used by airlines and travel agents to sell airline tickets (Sabre / Farelogix)Sabre’s takeover of Farelogix raises competition concerns* Sabre’s proposed takeover of Farelogix raises competition concerns in the supply of IT systems used by airlines and travel agents to sell airline tickets. The Competition and Markets Authority (CMA) has been investigating the proposed (...)
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The Competition Commission of India orders investigation into multinational technology company with the aim of protecting Micro-processors importers from the company’s discriminatory practices (Intel)On 9th August 2019, the Competition Commission of India directed the Director General to carry out investigations against Intel Corporation for allegedly violating Section 3 and 4 of the Indian Competition Act, 2002 (the ‘Act’). The case in hand was filed by Matrix Info Systems Pvt. Ltd. (the (...)
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Notion d’abus : La Commission européenne inflige au fabricant dominant de circuits intégrés une amende de 242 millions d’euros pour une pratique de prix d’éviction (Qualcomm)Le 18 juillet 2019, la Commission européenne a annoncé qu’elle avait infligé à Qualcomm une amende de 242 millions d’euros, laquelle représente 1,27 % de son chiffre d’affaires, pour avoir abusé de la position dominante qu’elle occupait sur le marché des chipsets de bande de base 3G, lesquels permettent (...)
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The EU Commission fines a company €242 million for engaging in predatory pricing in the market for 3G baseband chipsets (Qualcomm)On 18 July 2019, the Commission announced that it had adopted a decision against Qualcomm for abusing a dominant position in the market for 3G baseband chipsets, and imposed a fine of € 242 million. According to the Commission, Qualcomm’s prices to certain key customers were below its costs with (...)
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The EU Commission fines a chipmaker company €242 million for predatory pricing in the market of 3G baseband chipsets (Qualcomm)On 18 July 2019, the European Commission (“EC”) fined Qualcomm for abusing its market dominance by selling 3G baseband chipsets below cost, to force its competitor Icera out of the market. The EC found that Qualcomm sold three of its UMTS (a 3G standard) chipsets at predatory levels between (...)
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The Austrian Federal Competition Authority and the German Federal Cartel Office close their respective abuse of dominance investigations after the company committed to changing contract terms (Amazon)On 17 July 2019, the Austrian Federal Competition Authority and the German Federal Cartel Office closed their respective abuse of dominance investigations against Amazon, after Amazon committed to changing contract terms. Throughout the years 2017 and 2018, both competition authorities had (...)
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Appel d’offre : Le Tribunal de l’Union européenne confirme en tous points une décision de la Commission constatant une entente sur le marché des lecteurs de disques optiques (Sony ; Quanta Storage ; Hitachi-LG Data Storage ; Toshiba Samsung Storage Technology)Le 12 juillet 2019, le Tribunal de l’Union a rendu cinq arrêts dans les affaires T-762/15 (Sony et Sony Electronics contre Commission européenne), T-763/15 (Sony Optiarc et Sony Optiarc America contre Commission européenne), T-772/15 (Quanta Storage contre Commission européenne), T-1/16 (Hitachi-LG (...)
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The Munich District Court issues an anti-suit injunction in patent litigation (Nokia)On July 11 2019, the Munich I District Court (Landgericht) issued an anti-suit injunction in patent litigation, preventing an automotive company from further pursuing proceedings in the United States. The Munich decision might become a landmark case because German courts have historically not (...)
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The UK Competition Authority announces the start of a formal market study into online platforms and the UK market for digital advertisingWhat is the Study about? The Study is broad in scope and aims to examine three potential sources of harm in connection with the digital advertising market: i) to what extent online platforms have market power in user-facing markets and what impact this has on consumers; ii) whether consumers (...)
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The Japanese Unfair Competition Prevention Act grants legal protection to big dataOn 1 July 2019 the Unfair Competition Prevention Act was amended to afford new legal protection to Big Data. The act regulates several types of unfair competition, including the new act of wrongfully acquiring, disclosing and using Big Data. Thus, parties should review their management systems, (...)
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The Shanghai IP Court holds that fictitiously increasing the number of views of videos is an act of false propaganda (Feiyi / IQiYi)From the perspective of anti-unfair competition law, Feiyi Company fictitiously increased the video visits of IQiYi’s website by technical means - the first case of inflating traffic on video websites in China. In recent years, the excessive pursuit of traffic in the Internet industry has (...)
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The EU Commission opens an investigation against a designer of integrated circuits for wired communication devices and sends a Statement of Objections seeking to impose interim measures in TV and modem chipsets markets (Broadcom)The European Commission has opened a formal antitrust investigation to assess whether Broadcom may be restricting competition through exclusivity practices, in breach of EU rules. The Commission intends to impose interim measures during the investigation with regard to TV and modem chipsets (...)
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The EU Commission opens a formal investigation to assess whether a producer of integrated circuit abused its dominant position (Broadcom)On 26 June 2019, the European Commission (the “Commission”) announced that it had opened a formal investigation to assess whether integrated circuit (“IC”) provider Broadcom may be abusing its dominant position, in breach of Article 102 Treaty on the Functioning of the European Union. In parallel, (...)
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The EU Commission opens investigation and sends statements of objections on interim measures in TV and modem chipsets markets (Broadcom)The Commission has opened an investigation into Broadcom’s commercial practices over a number of competition concerns. Broadcom is one of the world’s largest designers, developers and providers of key components of wired communication devices and is a global leader in the markets of (...)
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The EU Commission announces it will use its interim measures in investigating a major chipmaker’s abuse of dominance (Broadcom)Key Takeaways In a potentially ground-breaking move, the European Commission recently announced its intention to use its powers to impose interim measures in an investigation targeting chipmaker Broadcom. If it does impose such measures, it would be the first use of these powers in 18 years. (...)
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The Danish Competition Authority clears a merger subject to remedies in the market of retail provision of TV services via fibre optic infrastructure (SE / Eniig)The Danish Competition Council has approved the merger between SE a.m.b.a and Eniig a.m.b.a. subject to remedies* On 21 December 2018 the Danish Competition and Consumer Authority (hereinafter “DCCA”) received a complete notification of the merger between SE a.m.b.a. (hereinafter “SE”) and Eniig (...)
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The Austrian Competition Authority conditionally clears a merger in the hardware and software sector (Carl Zeiss/GOM)On 13 June 2019, the Austrian Federal Competition Authority cleared the acquisition of GOM, a supplier of hardware and software for automated 3D-coordinate metrology, by Carl Zeiss, a technology company in the optical and optoelectronic industry. The clearance is subject to commitments. Among (...)
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The German Competition Authority announces the withdrawal of a merger notification between companies in the information technology sector (IBM / T-Systems)IBM withdraws notification of its acquisition of staff, hardware and software from T- Systems’ mainframe business after the Bundeskartellamt expressed concerns* Bonn, 7 June 2019: IBM Deutschland GmbH, Ehningen, has withdrawn its notification of plans to acquire essential hard and software as (...)
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The French Competition Authority fines a company for obstructing the conduct of inspections in the sectors of engineering and technology consulting, IT services and software publishing (Akka technologies)Engineering, IT services and software oublishing* The Akka technologies Group is fined a total of 900 000 euros for obstructing the conduct of inspections made by the Autorité On 8 November 2018, the Autorité de la concurrence have raided the premises of companies and organisations in the (...)
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Visite et saisie : L’Autorité de la concurrence adopte sa première décision d’obstruction pour bris de scellés (Akka)Le 22 mai 2019, l’Autorité de la concurrence a adopté la décision n° 19-D-09 à la faveur de laquelle elle sanctionne pour la première fois des pratiques d’obstruction tenant à des bris de scellés et à l’altération du fonctionnement d’une messagerie lors d’opérations de visites et saisies (OVS). Les faits (...)
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Sanction : L’Autorité de la concurrence sanctionne pour la première fois une obstruction à l’instruction tenant à un bris de scellés et à l’altération du fonctionnement d’une messagerie (Akka)La présente affaire mérite d’être signalée à plusieurs égards. D’une part, il s’agit d’une nouvelle décision de sanction pour une infraction de type “procédural”. Ces décisions – que ce soit au niveau national ou au niveau européen, et qu’il s’agisse du contrôle des pratiques anticoncurrentielles ou du (...)
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The U.S. Supreme Court rejects an attempt to block consumer claims against a big tech company under indirect purchaser rule (Apple / Pepper)Apple v. Pepper: Supreme Court Rejects Attempt to Block Consumer Claims Under Indirect-Purchaser Rule* The Supreme Court on Monday issued a much-anticipated decision in the Apple v. Pepper case, where iPhone owners are accusing Apple of monopolizing the retail market for iOS applications, or (...)
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The U.S. Supreme Court holds that the claims of consumers purchasing apps from a big tech app store may proceed as they are direct purchasers of the big tech company (Apple / Pepper)Appellate and Supreme Court On May 13, 2019, the Supreme Court (“the Court”) announced its 5-4 decision in Apple, Inc. v. Pepper, permitting iPhone users to proceed with an antitrust suit against Apple alleging that it monopolized the retail market for iPhone apps. The Court emphasized that it (...)
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The U.S. Supreme Court rejects an attempt to block consumer claims against a big tech company under the indirect-purchaser rule (Apple / Pepper)In May 2019, the U.S. Supreme Court issued a 5–4 decision in Apple v. Pepper, one of the Court’s most significant antitrust rulings of the last several years. In a majority opinion authored by Justice Kavanaugh, the Court held that iPhone owners who purchased software applications (“apps”) from (...)
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The Mexican Competition Authority submits to public consultation the draft modifications to the guidelines for concentration notification via electronic means and the draft modifications of the regulatory provisions on the use of electronic meansCOFECE submits for public consultation the modification to the Guidelines for Concentration Notification via Electronic Means and the Regulatory Provisions on the Use of Electronic Means* • The consultation period for the Guidelines is 30 working days, while the period for the Provisions is 20 (...)
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The Belgian Markets Court dismisses an appeal against Belgian Competition Authority’s interim measures decision and explains limits of its jurisdiction (The Great Circle)On 8 May 2019, the Markets Court of the Brussels Court of Appeal rejected as inadmissible the appeal lodged by The Great Circle against the decision of the Belgian Competition Authority (“BCA”) to reject its request for interim measures against the Royal Meteorological Institute of Belgium (...)
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The Hague Court of Appeal delivers its judgment on an alleged infringement of patent essential to the Universal Mobile Telecommunications System standard (Philips / ASUS)On 7 May 2019, the Court of Appeal of the Hague delivered its judgment in a case pitting Philips against ASUS regarding the alleged infringement of Philips’ European patent EP 1 623 511, which was considered essential to the High Speed Uplink Packet Access (“HSUPA”) protocol of the Universal (...)
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Discrimination and Rebates: An overview of EU and national case lawRebates are a common commercial practice in business and can have efficiency enhancing effects, leading to lower overall prices for customers and consumers. In addition, they might be used to stimulate downstream competition. However, rebates also have the potential to exclude rivals from a (...)
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The Paris Court of Appeal delivers the first judgement on FRAND terms and applies the French legislation implementing the trade secrets directive (Conversant / LG)On 16 April 2019, the Paris Court of Appeal delivered a judgment in Conversant v. LG, a case dealing with the concept of licensing under fair, reasonable and non-discriminatory (“FRAND”) terms. While the court did not set a much-anticipated FRAND royalty rate, the case is noteworthy because of (...)
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The EU General Court dismisses appeal against Commission’s request for information (Qualcomm)On 9 April 2019, the General Court (“GC”) dismissed the appeal lodged by Qualcomm against the Commission’s decision of 31 March 2017 requesting information in the context of an investigation against Qualcomm for alleged predatory pricing contrary to Article 102 of the Treaty on the Functioning of (...)
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The EU Commission publishes a report on competition policy for the digital eraOn 04 April 2019, the European Commission (EC) published a report commissioned by the EU’s Competition Commissioner, Margrethe Vestager. The report looks at how competition policy should continue to evolve in the digital age and is written jointly by an economist, a lawyer and an engineer. The (...)
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The EU Commission publishes the final report on competition policy for the digital eraOn 4 April 2019, the European Commission published a special report commissioned by Commissioner Margrethe Vestager on how competition policy should evolve to continue promoting pro-consumer innovation in the digital age (“Competition Policy for the Digital Era”). The report is grounded in three (...)
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The EU Commission publishes a report on competition policy for the digital sectorOn 4 April 2019, the European Commission published the much anticipated Report Competition Policy for the digital era (hereinafter referred to as the "Report"). Authored by a panel of special advisers (all academics) appointed by Competition Commissioner, Margrethe Vestager, the Report explores (...)
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The EU Commission publishes a report on competition policy for the digital era“Digital Era” Report Bolsters Commissioner Vestager’s Digital Legacy* On April 4, 2019, the European Commission published a report by Jacques Crémer, Yves-Alexandre de Montjoye, and Heike Schweitzer on competition policy for the digital era (the Digital Era Re port, or the Report), the culmination (...)
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Dîner en l’honneur d’Isabelle de Silva, Présidente de l’Autorité de la concurrenceDîner-débat organisé par la Revue Concurrences en l’honneur d’Isabelle de Silva, Présidente de l’Autorité de la concurrence, en partenariat avec White & Case et Compass Lexecon.
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The EU Commission conditionally approves a merger in the market for aircraft slat systems (Spirit / Asco)On 20 March 2019, the Commission conditionally approved the acquisition of Asco by Spirit. The Commission was concerned that the deal would reduce competition in the market for aircraft slat systems. These parts allow the wing of an aircraft to operate at a higher ‘angle of attack’, which (...)
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The Turkish Competition Authority launches an investigation into a search engine company for alleged abuse of dominance in the online search market (Google)Background Competition authorities all over the world, including the European Commission, German, French, Italian and Indian competition authorities, have launched many investigations against the well-known online search engine company Google, many of which ended with imposition of huge (...)
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The French and German governments publish a joint manifesto calling for a new European industrial policy with changes to merger control and State aid rulesOn 19 February 2019, the French Minister of Economy, Mr Bruno Le Marie, and the German Minister of Economy, Mr Peter Altmaier, published a joint manifesto which calls for the development of a European industrial policy to ensure the global competitiveness of European manufacturing industries. (...)
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The German Competition Authority finds the merging of user data from multiple sources to be both anti-competitive and in breach of the GDPR (Facebook)In one of the first decisions to consider data protection and competition issues side by side, the German competition regulator (the Bundeskartellamt) last week found that Facebook had both abused its market power in Germany and breached EU data protection laws in the way in which it collects (...)
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The implications of bitcoin for competition, antitrust, and regulation in the banking industryThis series of articles explores the implications of blockhain for competition in the banking industry. Each of the articles takes a slightly different perspective on the issue. The first explores whether existing antitrust doctrine is suitable for assessing the potential benefits and harms (...)
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L’innovation prédatrice en droit de la concurrence. Analyses croisées en droit européen et nord-américain de la concurrence, Thibault SCHREPELCette rubrique recense et commente les ouvrages et autres publications en droit de la concurrence, droit & économie de la concurrence et en droit de la régulation. Une telle recension ne peut par nature être exhaustive et se limite donc à présenter quelques publications récentes dans ces (...)
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The UK Court of Appeal confirms jurisdiction over a standard essential patents dispute (Huawei / ZTE)On 30 January 2019, the UK Court of Appeal issued a judgment in the case pitting Conversant Wireless against two telecommunications companies, Huawei and ZTE. In this case, Conversant was seeking injunctive relief and damages against both companies in relation to the alleged breaches of its (...)
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The Romanian Competition Authority fines a company operating in the retail market of IT products, home appliances and marketing via e-commerce platforms for gun jumping (Corsar Online)The Competition Council sanctioned Corsar Online Srl with fines of 1.6 million lei * The Competition Council sanctioned the company Corsar Online SRL with fines of approximately 1.6 million lei for the implementation of a merger before being authorized by the Competition Authority. In the (...)
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