IT & Dominance

Dominance

The French Competition Authority considers gaming console’s commitments inadequate to address competition concerns and returns case for investigation (Sony)
Autorité de la concurrence (Paris)
Playstation: the Autorité considers that the commitments proposed by Sony do not adequately address the identified competition concerns. The case is returned for investigation* As part of a litigation procedure before the Autorité de la concurrence, Sony had proposed commitments to address the (...)

The Paris Court of Appeal confirms Competition Authority’s decision ordering a search engine to negotiate with news agencies and press publishers (Google)
Ashurst (Paris)
On 8 October 2020, the Paris Court of Appeal rejected Google’s challenge to the French Competition Authority’s ("FCA") decision compelling Google to negotiate "neighbouring rights" with news agencies and press publishers. "Neighbouring rights" include the right to receive payment when a (...)

The EU Commission accepts a semiconductor company’s offer to stop exclusivity on chipset market (Broadcom)
Ashurst (Brussels)
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Ashurst (Brussels)
On 7 October 2020, the European Commission (the "Commission") made legally binding commitments offered by Broadcom to ensure competition in chipset markets for modems and TV set-top boxes. WHAT YOU NEED TO KNOW - KEY TAKEAWAYS Commitments decisions are adopted in lieu of finding an (...)

The EU Commission accepts semiconductor company’s commitments to ensure competition in chipset markets for modems and set-top boxes (Broadcom)
DG COMP (Brussels)
Antitrust: Commission accepts commitments by Broadcom to ensure competition in chipset markets for modems and set-top boxes* The European Commission has made commitments offered by Broadcom legally binding under EU antitrust rules. Broadcom will suspend all existing agreements containing (...)

The US House Judiciary Committee Antitrust Subcommittee issues its majority report of its investigation of competition in digital markets
Bona Law (Detroit)
Classic Antitrust Cases: Trinko, linkLine and the House Report on Big Tech* On October 6, 2020, the Antitrust Subcommittee of the U.S. House Judiciary Committee issued its long-anticipated Majority Report of its Investigation of Competition in Digital Markets. As expected, the Report detailed (...)

The Russian Competition Authority issues a warning to a manufacturer of cash register equipment to eliminate an abuse of dominance violation (Evotor)
Russian Federal Antimonopoly Service (Moscow)
FAS ISSUED WARNING TO THE MANUFACTURER OF CASH REGISTER EQUIPMENT EVOTOR * FAS received complaints on violations of the antimonopoly legislation from organizations and entrepreneurs using Evotor cash register equipment The FAS found that Evotor LLC directed a software update to the cash (...)

The US FTC requests rehearing en banc by the US Court of Appeals for the Ninth Circuit in the case of global semiconductor company’s standard-essential patent licensing practices (Qualcomm)
US Federal Trade Commission (FTC) (Washington)
FTC Requests Rehearing En Banc of Qualcomm Appeals Panel Decision* The Federal Trade Commission today filed a petition with the U.S. Court of Appeals for the Ninth Circuit requesting rehearing en banc of the August 11, 2020, decision of a panel of that court in the matter of FTC v. Qualcomm (...)

The EU Court of Justice addresses how incompatibility with net neutrality shall be assessed under the relevant legislation regarding open internet access (Telenor Magyarország / Nemzeti Média- és Hírközlési Hatóság Elnöke)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
The Court of Justice of the European Union (“ CJEU ”), in its recent decision with regard to the two joint cases (C‐807/18 and C‐39/19) brought before it for preliminary ruling, addressed how incompatibility with net neutrality shall be assessed under the relevant legislation regarding open (...)

The Japanese FTC approves a commitment plan brought by an e-commerce company (Amazon)
Japan Fair Trade Commission (Tokyo)
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, (...)

The Regional Court of Munich rules in favor of an electronic manufacturer in standard essential patent proceeding (Sharp / Daimler)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 10 September 2020, the Regional Court of Munich (“Munich Court”) ruled in favour of Sharp that Daimler had infringed a standard essential patent (“SEP”) of Sharp. Sharp is the patent holder of EP 2667676B1 which is standard essential for the Long-Term Evolution (“LTE”) telecommunications (...)

The German Government submits a draft of the digitalisation act amending German competition law
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 9 September 2020, the German Government tabled the draft 10th amendment of the German Act against Restraints of Competition (“ARC”), also referred to as the ARC Digitalisation Act. The draft amendment entails significant changes in the areas of abuse of dominance, merger control, cartel fines (...)

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)
Van Bael & Bellis (Brussels)
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 (...)

The Mexican Competition Authority investigates possible relative monopolistic practices in the market for digital advertisement services and related services
Mexican Competition Authority (Mexico City)
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 (...)

The Indian Competition Authority clears mobile application from tying allegations (Harshita Chawla / Whatsapp)
Gujarat National Law University (Gandhinagar)
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 (...)

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)
Mintz Levin Cohn Ferris Glovsky and Popeo PC (Boston)
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Mintz Levin Cohn Ferris Glovsky and Popeo PC (Washington)
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Mintz Levin Cohn Ferris Glovsky and Popeo PC (New York)
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 (...)

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)
Skadden, Arps, Slate, Meagher & Flom (New York)
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Skadden, Arps, Slate, Meagher & Flom (Washington DC)
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Skadden, Arps, Slate, Meagher & Flom (Washington DC)
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 (...)

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

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)
Cleary Gottlieb Steen & Hamilton (London)
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Cleary Gottlieb Steen & Hamilton (Washington)
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Cleary Gottlieb Steen & Hamilton (New York)
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 (...)

The EU Commission opens in-depth investigation into the proposed acquisition of wearable tech devices by a Big Tech company (Fitbit / Google)
DG COMP (Brussels)
Mergers: Commission opens in-depth investigation into the proposed acquisition of Fitbit by Google* The European Commission has opened an in-depth investigation to assess the proposed acquisition of Fitbit by Google under the EU Merger Regulation. The Commission is concerned that the proposed (...)

The German Federal Court of Justice preliminarily confirms that an online platform abused its dominant position on the German market of social networks (Facebook)
Van Bael & Bellis (Brussels)
On 23 June 2020, the German Federal Court of Justice (“FCJ”), in summary proceedings, preliminarily confirmed the finding of the Federal Cartel Office (“FCO”) that Facebook had abused its dominant position. It overturned the decision of the Higher Regional Court of Düsseldorf that had suspended the (...)

The German Federal Court of Justice confirms an abuse of dominance over data collection by an online platform without the user’s explicit consent (Facebook)
Bird & Bird (Düsseldorf)
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Bird & Bird (Düsseldorf)
The Federal Court of Justice (FCJ) rejected Facebook’s application for suspensive effect in connection to its appeal to the Higher Regional Court of Düsseldorf against the decision of the Federal Cartel Office (FCO) prohibiting Facebook from collecting and processing Facebook users’ data generated (...)

The German Federal Court of Justice overturns the Düsseldorf Court of Appeals’ interim decision and finds an online social media platform to have abused its power in collecting data from different sources (Facebook)
Cleary Gottlieb Steen & Hamilton (Cologne)
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Cleary Gottlieb Steen & Hamilton (Cologne)
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Cleary Gottlieb Steen & Hamilton (Cologne)
On June 23, 2020, the Federal Court of Justice (“FCJ”) overturned the Düsseldorf Court of Appeals’ (“DCA”) interim decision and rejected Facebook Inc.’s (“Facebook”) request to suspend the enforceability of the Federal Cartel Office’s (“FCO”) prohibition decision. The FCJ disagreed with the FCO’s (...)

The Australian Competition Authority releases statement of issues and opens investigation into Big Tech company’s acquisition of wearable tech manufacturer (Google / Fitbit)
Australian Competition and Consumer Commission (Canberra)
Google’s purchase of Fitbit raises preliminary competition concerns* The ACCC has today outlined preliminary concerns with Google’s proposed acquisition of Fitbit, stating that Google’s access to consumer health data may raise entry barriers, further entrench its dominant position and adversely (...)

The Finnish Competition Authority proposes a €9 million fine against import & hardware company for resale price maintenance (Isojoen Konehalli Oy)
Finnish Competition and Consumer Authority (Helsinki)
FCCA proposes a penalty of EUR 9 million to IKH for resale price maintenance* The Finnish Competition and Consumer Authority (FCCA) proposes that the Market Court impose a penalty of EUR 9 million on Isojoen Konehalli Oy (IKH) for engaging in illegal resale price maintenance (RPM). In (...)

The EU Commission seeks feedback on commitments offered by semiconductor manufacturer concerning TV set-top box and modem chipset markets (Broadcom)
DG COMP (Brussels)
Antitrust: Commission seeks feedback on commitments offered by Broadcom concerning TV set-top box and modem chipset markets* The European Commission invites comments from interested parties on commitments offered by Broadcom to address competition concerns in relation to Broadcom’s conduct in (...)

The EU Commission seeks feedback on commitments offered by a TV box company in an abuse of dominance investigation involving exclusivity agreements (Broadcom)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 27 April 2020, the European Commission (the “Commission”) invited interested parties to submit comments on the commitments offered by Broadcom under Article 9 of Regulation 1/2003 to address competition concerns in relation to certain exclusivity and quasi-exclusivity agreements allegedly (...)

The French Competition Authority imposes interim measures against a research engine suspected to abuse of its dominance by infringing the law relating to neighbouring rights (Google)
Autorité de la concurrence (Paris)
Neighbouring rights: the Autorité has granted requests for urgent interim measures presented by press publishers and the news agency AFP (Agence France Presse)* It requires Google to negotiate with publishers and news agencies the remuneration due to them under the law relating to neighbouring (...)

The French Competition Authority imposes interim measures on a dominant big tech company requiring it to enter into good faith negotiations with publishers and new agencies (Google)
Hausfeld (Brussels)
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Hausfeld (London)
After the record fine of 1.1 billion euros against Apple, the French Competition Authority continues to show a strong leadership in its fight against “Big Tech” — Google, Apple, Facebook, and Amazon, the “GAFAs,” — by imposing interim measures on Google, requiring it to enter into good faith (...)

The Dutch Trade and Industry Appeals Tribunal reverses a decision of the National Competition Authority requiring telecom providers to open up their fixed networks in the Netherlands to other providers (KPN / VodafoneZiggo / T-Mobile / Tele2)
Bird & Bird (Amsterdam)
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Bird & Bird (The Hague)
On 17 March 2020, the Dutch Trade and Industry Appeals Tribunal (“CBb”) reversed the 2018 decision of the Authority for Consumers and Markets (“ACM”) requiring telecom providers KPN and VodafoneZiggo to open up their fixed networks in the Netherlands to other providers. In September 2018, the ACM (...)

The Highest Dutch Administrative Court annuls the Competition Authority decision requiring telecommunications providers to open networks (KPN / VodafoneZiggo / T-Mobile / Tele2)
Van Bael & Bellis (Brussels)
On 17 March 2020, the Dutch Trade and Industry Appeals Tribunal (“Appeals Tribunal”) reversed a decision of the Authority for Consumers & Markets (“ACM”) which required telecommunications provider KPN and cable provider VodafoneZiggo to open their fixed networks to other providers. On 27 (...)

The Canadian Competition Authority receives a complaint about abuse of dominance in the internet services market (Teksavvy / Bell / Rogers)
Affleck Greene McMurtry (Toronto)
TekSavvy Claims That Bell And Rogers Abuse Their Dominant Position For Internet Services* In a public version of its complaint to the Canadian Competition Commissioner (see below), Internet re-seller TekSavvy says that Bell Canada and Rogers Communications Canada have been abusing their (...)

The EU General Court hears an appeal following abuse of dominance decision involving online comparison shopping services (Google Shopping)
Hausfeld (London)
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Hausfeld (London)
Introduction From 12-14 February 2020, the European Union’s General Court (the “General Court”) heard Google’s appeal of the European Commission’s 27 June 2017 abuse of dominance decision pursuant to Article 102 TFEU (the “Decision”) involving on-line comparison shopping services (“CSSs”). A central (...)

The French Competition Authority fines a company for abusing its dominant position in the online search advertising market (Google)
Van Bael & Bellis (Brussels)
On 20 December 2019, the French Competition Authority (“FCA”) announced that it had imposed a € 150 million fine on Google for abusing its dominant position in the market for search advertising. This is the fourth antitrust fine imposed on Google by a competition authority of the EU in less than (...)

The French Competition Authority fines a research engine company for abuse of dominance in the search advertising market (Google)
Autorité de la concurrence (Paris)
The Autorité de la concurrence hands down a €150M fine for abuse of a dominant position* Google has abused its dominant position in the search advertising market by adopting operating rules of its Google Ads advertising platform which are opaque and difficult to understand and by applying them (...)

The French Competition Authority fines €150 million a big tech company for abusing its dominant position in the search advertising market (Google)
Bird & Bird (Paris)
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Bird & Bird (Paris)
On 19 December 2019, the French Competition Authority ("FCA") fined Google for abusing its dominant position in the French search advertising market. The decision follows a complaint from Gibmedia (a company which publishes weather information, company data and telephone information) after (...)

The Polish Competition Authority opens an investigation into an e-commerce platform’s possible abuse of its dominant position (Allegro)
Bird & Bird (Warsaw)
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Bird & Bird (Warsaw)
Following the inspection conducted by the Office of Competition and Consumer Protection ("UOKiK") in Allegro in July 2017, UOKiK has opened an antimonopoly investigation into Allegro’s practices that may violate both Polish and EU competition law. In its press release, UOKiK notes that Allegro (...)

The Turkish Competition Authority imposes a daily fine on a big tech company for not complying with the previously imposed obligations (Google)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ACTECON (Istanbul)
Turkish Competition Authority (“TCA”) recently published its decision (“Review Decision”) reviewing the obligations that ought to be fulfilled by the economic integrity comprised of Google LLC, Google International LLC and Google Reklamcılık ve Pazarlama Ltd. Şti. (will be referred to as “Google” (...)

The Turkish Competition Authority experts impose administrative fines on undertakings in order to ensure the protection of competition (Google)
Erdem & Erdem (Istanbul)
Introduction The Law on Protection of Competition (“Law No. 4054”) outlines the Competition Board’s (“Board”) and the Competition Authority’s experts’ powers while implementing their duties to ensure the protection of competition. Accordingly, Law No. 4054 imposes several types of administrative (...)

The EU Commission imposes interim measures on a technology company suspected to have abused its dominance in the TV and modem chipset markets (Broadcom)
DG COMP (Brussels)
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 (...)

The EU Commission imposes interim measures on a company for abuse of dominance in the TV and modem chipset markets (Broadcom)
Van Bael & Bellis (Brussels)
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 (...)

The EU Commission imposes interim measures on a company for abuse of dominance in the TV and modem chipset markets (Broadcom)
Gomez Acebo & Pombo (Brussels)
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Gomez Acebo & Pombo (Brussels)
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Gomez Acebo & Pombo (Brussels)
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 (...)

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)
McDermott Will & Emery (Paris)
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McDermott Will & Emery (Brussels)
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. 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 (...)

The Indian Competition Authority orders investigation into a multinational technology company with the aim of protecting Micro-processors importers from the company’s discriminatory practices (Intel)
Gujarat National Law University (Gandhinagar)
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 (...)

The EU Commission fines a company €242 million for engaging in predatory pricing in the market for 3G baseband chipsets (Qualcomm)
Van Bael & Bellis (Brussels)
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 (...)

The EU Commission opens investigation into the allegedly anticompetitive conduct of a multinational online platform focused on e-commerce (Amazon)
DG COMP (Brussels)
Antitrust: Commission opens investigation into possible anti-competitive conduct of Amazon* The European Commission has opened a formal antitrust investigation to assess whether Amazon’s use of sensitive data from independent retailers who sell on its marketplace is in breach of EU competition (...)

The German Competition Authority obtains amendments of seller rules active on a major online marketplace (Amazon)
German Competition Authority (Bonn)
Bundeskartellamt obtains far-reaching improvements in the terms of business for sellers on Amazon’s online marketplaces* In response to the competition concerns expressed by the Bundeskartellamt, Amazon is amending its terms of business for sellers on Amazon’s online marketplaces. Andreas (...)

The German Competition Authority ends an abuse probe after an online market place agrees to change business terms for dealers (Amazon)
Heinz & Zagrosek (Köln)
Bundeskartellamt ends abuse probe after Amazon agrees to changing business terms for dealers* On July 17, 2019, the German Bundeskartellamt (Federal Cartel Office, “FCO”) terminated its dominance probe into Amazon’s business terms towards sellers on its marketplace after Amazon agreed to various (...)

The German Competition Authority reaches an informal settlement with an online market place and closes investigation into the company’s commercial practices (Amazon)
Hausfeld (Berlin)
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. In July 2019, the German Bundeskartellamt (Federal Cartel Office – “FCO”) reached an informal settlement with Amazon and subsequently closed its investigation into (...)

The Austrian Competition Authority and the German Competition Authority close their respective abuse of dominance investigations after the company committed to changing contract terms (Amazon)
Van Bael & Bellis (Brussels)
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 (...)

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)
DG COMP (Brussels)
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 (...)

The EU Commission opens a formal investigation to assess whether a producer of integrated circuit abused its dominant position (Broadcom)
Van Bael & Bellis (Brussels)
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, (...)

The EU Commission opens an investigation and sends statements of objections on interim measures in TV and modem chipsets markets (Broadcom)
Gomez Acebo & Pombo (Brussels)
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Gomez Acebo & Pombo (Brussels)
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Gomez Acebo & Pombo (Brussels)
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 (...)

The Brazilian Competition Authority decides to file charges against a multinational technology company due to one of its online shopping platform features (Google)
OECD - Competition Division (Paris)
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University of São Paulo
GOOGLE SHOPPING IN BRAZIL: HIGHLIGHTS OF CADE’S DECISION AND TAKEAWAYS FOR DIGITAL ECONOMY ISSUES On 26 June 2019, the Brazilian Competition Authority (CADE) decided to file the competition charges raised against Google on its “Google Shopping” feature. It was not an easy decision, which is shown (...)

The Düsseldorf Court of Appeal quashes the Competition Authority’s decision and finds a most favoured nation clause compatible with antitrust law for a hotel booking platform (Booking.com)
Heinz & Zagrosek (Köln)
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 (...)

The Italian Competition Authority launches an investigation against a search engine company suspected to abuse of its dominant position (Google)
Italian Competition Authority (Rome)
ICA: investigation launched against Google for alleged abuse of a dominant position* In the meeting of 8 May 2019, the Italian Competition Authority decided to launch an investigation against Alphabet Inc., Google LLC and Google Italy S.r.l. (indicated together as Google) to ascertain an (...)

The Indian Competition Authority finds that a company abused its dominant position by requiring device manufacturers wishing to pre-install apps to adhere to a compatibility standard (Google Android)
Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (New Delhi)
Following a complaint made by a number of users of smartphones using the Android operating system, the CCI prima facie found that Google was dominant in the market for licensable smart mobile device operating systems in India and had abused its dominant position by requiring device (...)

The Indian Competition Authority orders a probe against a multinational technology company for abusing of its dominant position (Google)
Gujarat National Law University (Gandhinagar)
COMPETITION COMMISSION OF INDIA STRIKES ANOTHER BLOW TO GOOGLE FOR ABUSE OF DOMINANT POSITION* On 16th April 2019, the Competition Commission of India (CCI) ordered a probe against the multinational technology company, Google, for abusing its dominant position in clear violation of Section 4 (...)

The Italian Competition Authority opens an antitrust investigation against a major e-commerce company for alleged abuse of dominance (Amazon)
Giannino SI (Monserrato)
The Italian Competition Authority (ICA) has opened an Article 102 TFEU investigation against several undertakings belonging to the Amazon group in the FBA case. The targets of the ICA investigation are Amazon Services Europe (ASE), Amazon Europe Core (AEC), Amazon EU (AEU), Amazon Italia (...)

The Higher Regional Court of Düsseldorf upholds a decision of the German Competition Authority prohibiting exclusivity clauses in the event ticketing market (CTS Eventim)
Van Bael & Bellis (Brussels)
On 3 April 2019, the Higher Regional Court of Düsseldorf (the “Court”) upheld a 2017 decision of the Federal Cartel Office (“FCO”) prohibiting exclusivity clauses in the event ticketing market. In a large number of its contracts with event organisers, ticketing service provider CTS Eventim used (...)

The Philippine Competition Authority files suits against company against a mass housing developer for abuse of dominance (Condo developer)
Philippine Competition Commission (Quezon City)
The Enforcement Office of the Philippine Competition Commission (PCC) has filed a case against a mass housing developer for breaching the antitrust law by engaging in an exclusive internet service tie-up on its property in Tondo, Manila. In a Statement of Objections filed on March 27, the PCC (...)

The EU Commission imposes a fine of € 1.49 billion on a search engine company for abusing its dominant position by imposing restrictive clauses in contracts with third-party websites (Google AdSense)
DG COMP (Brussels)
Antitrust: Commission fines Google €1.49 billion for abusive practices in online advertising* The European Commission has fined Google €1.49 billion for breaching EU antitrust rules. Google has abused its market dominance by imposing a number of restrictive clauses in contracts with third-party (...)

The Turkish Competition Authority launches an investigation into a search engine company for alleged abuse of dominance in the online search market (Google)
University of Sussex (Brighton)
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 (...)

The Austrian Competition Authority initiates investigation proceedings concerning discrimination against retailers on the internet (Amazon)
Austrian Competition Authority (Vienna)
After a first analysis, discussions with the European Commission (DG Competition) and the German Bundeskartellamt, the BWB has decided to initiate investigation proceedings concerning suspected infringements of Austrian and European Competition Law. The BWB will examine, whether Amazon abused (...)

The German Competition Authority prohibits a social network company for abusing its dominant position by combining its user data from different sources (Facebook)
German Competition Authority (Bonn)
Bundeskartellamt / Digital Economy Bundeskartellamt prohibits Facebook from combining user data from different sources* Bonn, 7 February 2019: The Bundeskartellamt has imposed on Facebook far-reaching restrictions in the processing of user data. According to Facebook’s terms and conditions (...)

The German Competition Authority orders to a social network company to stop collecting and matching data of its users without explicit consent as it constitutes an abuse of dominance (Facebook)
Heinz & Zagrosek (Köln)
Bundeskartellamt hits „don’t like“-button on Facebook* On February 7, 2019, Germany’s Federal Cartel Office (“FCO”) issued its long-awaited decision in the Facebook case, see press release and background paper in English here. It qualifies Facebook’s current practice of collecting and matching data (...)

The German Competition Authority holds that matching the data collected by a social network company constitutes an antitrust violation (Facebook)
International Center for Law & Economics (Portland)
Doing double damage: The German competition authority’s Facebook decision manages to undermine both antitrust and data protection law* The German Bundeskartellamt (Federal Cartel Office or FCO) this week reached a decision in its nearly 3-year-old Facebook investigation. The decision appears to (...)

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)
Simmons & Simmons (London)
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 (...)

The German Competition Authority finds that the data gathering practices of a social network are an abuse of its dominant position, and orders amendments in its data processing policy (Facebook)
Van Bael & Bellis (Brussels)
On 6 February 2019, the German Federal Cartel Office (“FCO”) concluded administrative proceedings concerning the data gathering practices of Facebook Inc., Facebook Ireland and Facebook Germany (together “Facebook”). The FCO found that Facebook abused its dominant position by making the private use (...)

The French Competition Authority orders a search engine company to review and clarify the rules of its online advertising service (Amadeus / Google)
Van Bael & Bellis (Brussels)
On 31 January 2019, the French Competition Authority (the “FCA”) ordered Google to review the rules of its Google Ads service. The FCA’s Order follows a complaint by Amadeus, an operator of online enquiry services – such as “a directory that provides call or text numbers for business/ residential (...)

The German Competition Authority initiates an abuse of dominance proceeding against a major e-commerce company (Amazon)
German Competition Authority (Bonn)
Bundeskartellamt initiates abuse proceeding against Amazon* The Bundeskartellamt has today initiated an abuse proceeding against Amazon to examine its terms of business and practices towards sellers on its German marketplace amazon.de. Andreas Mundt, President of the Bundeskartellamt: “Amazon (...)

The Indian Competition Authority opens investigation into abuse of dominance by processors manufacturer for not sharing manufacturing information with a server manufacturer (Velankani Electronics / Intel)
Vaish Associates Advocates (New Delhi)
CCI directs investigation against Intel for abuse of dominant position* The CCI by way of order dated November 9, 2018 under section 26(1) of the Act, directed the DG to investigate Intel Corporation (the Opposite Party/ OP/Intel) for alleged abuse of dominant position in the market for (...)

The Turkish Competition Authority follows the EU Commission’s footsteps in the search engines’ battles (Google / Yandex)
ACTECON (Istanbul)
The tech giant Google has been under the Turkish Competition Authority’s (“TCA”) scrutiny due to its practices in the market for licensable mobile operating systems and under the judicial review since July 2015. In September 2018, the TCA has finally released its short decision and imposed a fine (...)

The EU Commission sends a supplementary statement of objection to a manufacturer of LTE baseband chipsets for predatory pricing practices (Qualcomm)
Bryan Cave Leighton Paisner (London)
QUALCOMM RECEIVES SUPPLEMENTARY STATEMENT OF OBJECTIONS FROM THE EU COMMISSION IN PREDATORY PRICING INVESTIGATION* Hot on the heels of the announcement of a record antitrust fine imposed by the European antitrust regulator upon another US technology company , the European Commission announced (...)

The EU Commission fines a multinational technology company for abuse of dominant position in the smartphone operating system sector (Google Android)
Baker McKenzie (London)
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Baker McKenzie (Brussels)
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On 18 July 2018 the European Commission imposed a record fine of €4.34 billion on Google. In such an innovative and competitive industry, a decision and fine on (...)

The EU Commission fines a multinational technology company for abuse of dominance by imposing illegal restrictions on device manufacturers and mobile network operators (Google Android)
DG COMP (Brussels)
Antitrust: Commission fines Google €4.34 billion for illegal practices regarding Android mobile devices to strengthen dominance of Google’s search engine* The European Commission has fined Google €4.34 billion for breaching EU antitrust rules. Since 2011, Google has imposed illegal restrictions (...)

The EU Commission fines a tech company for illegal tying in the market for third-party mobile device manufacturing (Google Android)
Economists Incorporated (Washington)
European Commission Fines Google for Illegal Tying* The European Commission (“EC”) recently fined Google €4.34 billion, stating that “Google has imposed illegal restrictions on Android device manufacturers and mobile network operators to cement its dominant position in general internet search.” (...)

The French Competition Authority rejects a complaint about abuse of dominance in the sector of IT maintenance (Econocom)
Dechert (Paris)
On 27 June 2018, the French Competition Authority (“FCA”) rejected a complaint filed by French company Econocom, active in the maintenance of servers and storage solutions, against the main manufacturers of IT hardware: IBM, Hewlett Packard (“HP”) and Oracle. This decision was issued in a peculiar (...)

The Spanish Supreme Court orders restarting the investigation of a complaint about abuse of dominant position (Oracle)
Callol, Coca & Asociados (Madrid)
On 26 February 2013, Hewlett Packard and Hewlett Packard Española, S.L. (jointly, HP) filed a complaint against Oracle Corporation and Oracle Ibérica, S.R.L. (jointly, Oracle) before the NMCC denouncing restrictive practices of competition in the field of relational database management systems, (...)

The French Competition Authority issues an opinion concluding its sector-specific investigation into online advertising
French Competition Authority (Paris)
Sector-specific investigation into online advertising* The Autorité de la concurrence has made public its opinion in which it analyses a very complex market characterised by a fragile competitive equilibrium. Given the concerns of stakeholders in the sector, the General Rapporteur announced (...)

The Indian Competition Authority fines a global tech company for abuse of dominance in the market for online search and related advertising services (Matrimony.com / Consumer Unity & Trust Society / Google)
Vaish Associates Advocates (New Delhi)
CCI imposes penalty of INR 136 Crores on Google for abuse of dominant position* The Indian anti-trust regulator, the Competition Commission of India (“CCI/ Commission”) seems to have let Google off with just a rap on the knuckles. CCI vide order dated February 8, 2018 has imposed a penalty of (...)

The Indian Competition Authority fines a company for search bias in the search engine market (Google)
Indian Competition Commission (New Delhi)
The Competition Commission of India (CCI) has found Google to have abused its dominant position in online general web search and web search advertising services in India. The order was passed in response to informations filed by Matrimony.com Limited and Consumer Unity & Trust Society (...)

The Indian Competition Authority fines a company for search bias and exclusive agreements (Google)
Gujarat National Law University (Gandhinagar)
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Gujarat National Law University (Gandhinagar)
On 8th February 2018, the Competition Commission of India (CCI) imposed a fine of INR 135.86 Crores (approximately $ 1.36 Billion) on Google, for abusing its dominant position striking the mandate of Section 4 of the (Indian) Competition Act, 2002 (‘Act’). The comment herein highlights the (...)

The German Competition Authority launches a sector inquiry into market conditions in the online advertising sector
German Competition Authority (Bonn)
Bundeskartellamt launches sector inquiry into market conditions in online advertising sector* The Bundeskartellamt has launched a sector inquiry into the online advertising sector. Andreas Mundt, President of the Bundeskartellamt: "Online advertising has experienced an extraordinarily high (...)

The French Competition Authority unconditionally clears a merger between two real estate online platforms in Phase II (SeLoger.com / Logic-Immo.com)
Epex Spot (Paris)
On 1st February 2018, the French Competition Authority (“FCA”) unconditionally cleared in Phase II proceedings the planned acquisition of sole control of French company Concept Multimédia - which owns the real estate online platform Logic-Immo.com - by German group Axel Springer - which owns the (...)

The EU Commission fines a company for abuse of dominance on the market for baseband chipsets for smartphones and tablets (Qualcomm)
Van Bael & Bellis (Brussels)
On 24 January 2018, the European Commission (the “Commission”) announced that it had imposed fines totalling € 997.439 million on chipset producer Qualcomm for abusing a dominant position contrary to Article 102 TFEU. While the public version of the decision has not yet been published, the (...)

The EU Commission fines a manufacturer of baseband chipsets for abusing its dominant position by using loyalty rebates (Qualcomm)
McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Paris)
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McDermott Will & Emery (Brussels)
On 24 January 2018 the EC fined Qualcomm EUR 997 million for hindering competition on the market for Long-Term Evolution (LTE) basebands chips, in breach of Article 102 TFEU. Baseband chipsets, which enable smartphones and tablets to connect to cellular networks, are used both for voice and (...)

The EU Commission fines a baseband chipset manufacturer for abusing its dominant position (Qualcomm)
Cleary Gottlieb Steen & Hamilton (Rome)
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Orrick, Herrington & Sutcliffe (Rome)
This article has been nominated for the 2019 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On January 24, 2018, the European Commission announced that it had fined Qualcomm EUR 997,439,000. The Commission thinks that Qualcomm had abused its dominant (...)

The Romanian Competition Authority opens a procedure against a company suspected of abuse of dominance in the mediation services market through online platforms (Dante International)
Romanian Competition Council (Bucharest)
The Competition Council analyses a possible abuse of dominant position of Dante International SA* The Competition Council opened an investigation on a possible abuse of dominant position by Dante International SA on the mediation services market through online platforms in Romania. Dante (...)

The Malaysian Competition Appeal Tribunal upholds a decision of the Competition Authority in a case of abuse of dominance in the provision and management of online foreign workers permit renewals (My E.G)
Wong Partners (Baker McKenzie Kuala Lumpur)
On 28 December 2017, the Competition Appeal Tribunal (CAT) upheld the Malaysian Competition Commission’s (MyCC) decision on 24 June 2016 that My E.G. Services Berhad (MyEG) and its wholly-owned subsidiary, My E.G Commerce Sdn. Bhd. (MyEG Commerce) have abused their dominant position in the (...)

The German Competition Authority finds by a preliminary assessment that a social network company abused its dominant position by collecting and using data from third-party sources (Facebook)
German Competition Authority (Bonn)
Preliminary assessment in Facebook proceeding: Facebook’s collection and use of data from third-party sources is abusive* The Bundeskartellamt has informed the company Facebook in writing of its preliminary legal assessment in the abuse of dominance proceeding which the authority is conducting (...)

The German Competition Authority indicates in its preliminary assessment of possible abuse of dominance case that data collection and use from third-party sources is abusive (Facebook)
Heinz & Zagrosek (Köln)
Bundeskartellamt sends preliminary assessment to Facebook* On December 19, 2017, the Federal Cartel Office (“FCO”) published a press release on its preliminary assessment in the ongoing Facebook dominance probe, accompanied by a background paper (available in English here). The FCO considers (...)

The EU General Court issues a ruling on mandatory access and interoperability in the software industry (Contact Software)
Jones Day (Brussels)
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Jones Day (Amsterdam)
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Jones Day (Brussels)
The European General Court’s ("GC") decision relates to a complaint filed with the European Commission ("EC") by Contact Software, a German software supplier of Product Data Management ("PDM"). Contact Software alleged an abuse of dominance by Dassault Systèmes and Parametric Technology Corp., as (...)

The US District Court Southern District of California receives a claim from a smartphone manufacturer against one of its suppliers over allegedly abusive wireless patents (Apple / Qualcomm)
DLA Piper Weiss-Tessbach (Vienna)
Apple and Qualcomm proceeding* In January 2017 Apple filed suit against Qualcomm over its allegedly abusive licensing practices regarding wireless patents. Apple filed patent, antitrust and breach of contract claims against Qualcomm; this could result in damages of billions of dollars. (...)

The EU Court of Justice issues landmark judgment on the legal treatment of fidelity rebates granted by dominant companies (Intel)
Van Bael & Bellis (Brussels)
On 6 September 2017, the Court of Justice of the European Union (“ECJ”) issued its long-awaited judgment in the Intel case (Case C-413/14 P), setting aside the General Court’s (“GC”) judgment. The GC must now re-assess the legality of the Commission’s decision in light of the ECJ’s ruling. Intel was (...)

The EU Court of Justice quashes the 2014 judgment of the General Court that upheld a fine of €1.06 billion for an abuse of dominant position by implementing loyalty rebates based on exclusivity agreements (Intel)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
On September 6, 2017 ,the Court of Justice of the European Union (CJEU) quashed the 2014 judgment of the General Court (GC) that upheld a fine of €1.06 billion ($1.5 billion) on Intel Corporation Inc. (Intel) for abusing a dominant market position by implementing loyalty rebates based on (...)

The EU Court of Justice refers a case back to the General Court for re-examination (Intel)
Norton Rose Fulbright (Brussels)
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Norton Rose Fulbright (London)
Major victory for Intel as CJEU sends case back to General Court for re-examination* On 6 September, the EU’s highest court, the Court of Justice (CJEU), released its long-awaited decision in the Intel case, in which the Commission imposed a fine of €1.06 billion – at the time, the largest fine (...)

The EU Court of Justice annuls the General Court ruling that upheld the fine imposed by the Commission for an abuse of dominance (Intel)
Jones Day (Brussels)
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Jones Day (Brussels)
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Jones Day (Frankfurt)
What happened? The European Court of Justice ("ECJ") set aside a General Court ruling that had upheld a €1.06 billion fine imposed by the European Commission on Intel for abusing its dominant position in the market for x86 central processing units ("CPUs"). Background In its 2009 decision, (...)

The EU Court of Justice endorses an effects-based assessment of rebates (Intel)
White & Case (Brussels)
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White & Case (Brussels)
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White & Case (Brussels)
This article has been nominated for the 2018 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On 6 September 2017, the Court of Justice of the European Union ("CJEU" or "Court") essentially held in Intel that the European Commission ("Commission") cannot (...)

The EU Court of Justice revisits forty years of case law on when a dominant company’s rebate scheme may be abusive (Intel)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Baker McKenzie (London)
In its ruling on the European Commission’s 500 page Intel decision, in a crisp 150 paragraphs, the EU Court of Justice (the Court) revisited forty years of jurisprudence on when a dominant company’s rebate scheme may be abusive. Though no final decision for Intel, the case marks a potentially (...)

The EU Court of Justice modernizes abuse of dominance (Intel)
Cleary Gottlieb Steen & Hamilton (Brussels)
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Cleary Gottlieb Steen & Hamilton (Brussels)
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Cleary Gottlieb Steen & Hamilton (London)
(“CJEU”) set aside General Court’s 2014 Intel judgment, upholding a European Commission (the “Commission”) decision fining Intel €1.06 billion for abuse of dominance through exclusivity rebates . The CJEU held that the General Court had erred in failing to examine all of Intel’s arguments calling (...)

The EU Court of Justice renders its judgment in a case regarding loyalty rebates granted by dominant companies (Intel)
Baker Botts (Brussels)
An alternative view on accuracy and administrability Introduction In its judgment in Intel of 6 September 2017, the Court of Justice of the European Union (“CJEU”) rejected the notion that particular loyalty rebates granted by a dominant company are subject to a per se illegality standard of (...)

The EU Court of Justice reverses the General Court’s decision in an abuse of dominance case against a big tech company in the market for processors and rules that rebates should be judged under the rule of reason (Intel)
Compass Lexecon (Brussels)
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The Graduate Institute for International and Development Studies (Geneva)
Roundtable Discussion on the ECJ ruling in Intel* On 6 September 2017, the European Court of Justice (“ECJ”) issued a landmark judgment where it set aside the judgment of the General Court (“GC”) in the highly debated Intel matter. This judgment is of particular significance because it provides (...)

The Dutch Competition Authority, after its market study into online video platforms, finds no dominant market power among online video streaming platforms (Youtube)
Netherlands Authority for Consumers & Markets (The Hague)
No dominant market power among online video streaming platforms* The Netherlands Authority for Consumers and Markets (ACM) has conducted a market study into online video platforms such as YouTube, Facebook, Netflix, and Dumpert. ACM did not find any indications for anticompetitive risks on the (...)

The EU Commission fines a multinational technology company for abuse of dominance on the market of online comparison shopping service (Google Shopping)
DG COMP (Brussels)
Antitrust: Commission fines Google €2.42 billion for abusing dominance as search engine by giving illegal advantage to own comparison shopping service* The European Commission has fined Google €2.42 billion for breaching EU antitrust rules. Google has abused its market dominance as a search (...)

The EU Commission imposes a record fine on a big tech undertaking for abuse of dominance in the search engine market (Google Shopping)
Simmons & Simmons (London)
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Simmons & Simmons (London)
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Simmons & Simmons (London)
Introduction On 27 June 2017, the European Commission (the Commission) imposed a record €2.42bn fine on Google after finding it had abused its dominant position in the search engine market by giving favourable treatment to its comparison shopping service in its search results. Background (...)

The Russian Competition Authority issues a warning letter to a multinational technology company to prevent abuse of dominance (Microsoft)
Russian Federal Antimonopoly Service (Moscow)
FAS warned “Microsoft” not to create discriminatory conditions* On 13 June 2017, FAS issued warnings to “Microsoft” to stop actions that have signs of violating the antimonopoly law (Clause 8 Part 1 Article 10 and Articles 14.2, 14.8 of the Federal Law “On Protection of Competition”). (...)

The Indian Competition Authority clears dominant mobile messaging service from abuse of dominance allegations (Fight for Transparency Society / WhatsApp)
Vaish Associates Advocates (New Delhi)
CCI closes allegation of abuse of dominance against WhatsApp* CCI vide its recent order dated June 01, 2017 has closed an allegation of abuse of dominant position against popular message service WhatsApp. The complaint against WhatsApp was filed by an individual Vinod Kumar Gupta on behalf of (...)

The Italian Competition Authority opens a market investigation on Big Data
Shearman & Sterling (Rome)
Introduction The Italian Competition Authority, together with the national regulators for communications and data protection, opened a joint market investigation on Big Data. The investigation appears to be wide-ranging, covering not only competition issues, but data protection, consumer (...)

The Russian Competition Authority announces the payment of a fine by a multinational technology undertaking following a settlement (Google)
Russian Federal Antimonopoly Service (Moscow)
Google paid the fine* On 9 May 2017 Google Inc. Paid a 438,067,400 RUB administrative fine imposed by the Federal Antimonopoly Service. On 17 April 2017 the 2-year dispute between the Federal Antimonopoly Service and “Google” ended in an amicable settlement reached at the Arbitration Court of (...)

The EU Commission publishes its final report on the inquiry into the e-commerce sector
DLA Piper (Brussels)
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DLA Piper (London)
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DLA Piper (Amsterdam)
On 10 May 2017, DG Competition of the European Commission (the "Commission") published its final report on the inquiry into the e-commerce sector (launched in May 2015 as part of the Digital Single Market strategy). The findings in the report are based on information gathered from 1,900 (...)

The EU Commission publishes its final report on the e-commerce sector inquiry
Shearman & Sterling (London)
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Shearman & Sterling (Rome)
The European Commission has published, on 10 May, its final report on the E- commerce Sector Inquiry (the “Final Report”). The Commission launched the E-commerce Sector Inquiry in May 2015 in the context of its Digital Single Market (“DSM”) strategy, aiming to ensure better access for consumers (...)

The EU Commission publishes its final report on the e-commerce sector inquiry
Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
On 10 May 2017, two years after launching its e-commerce sector inquiry on 6 May 2015, the European Commission published its final report (Final Report) on the inquiry. The inquiry was opened in the framework of the Commission’s broader Digital Single Market strategy, which was aimed at (...)

The EU Commission publishes final e-commerce sector inquiry report
Van Bael & Bellis (Brussels)
On 10 May 2017, the European Commission (“Commission”) published its final Report on the e-commerce sector inquiry (“the Report”), aimed at identifying business practices in the sector that might restrict competition and limit consumer choice. The Report consists of two documents: (i) a 16-page (...)

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

The Russian Competition Authority concludes an amicable settlement with a multinational technology company (Google)
Russian Federal Antimonopoly Service (Moscow)
FAS terminated administrative proceedings against Google* The decisions was due to an amicable settlement reached between the antimonopoly authority and the company On 25 April 2017, the Federal Antimonopoly Service (FAS Russia) terminated the proceedings against Google opened for failure to (...)

The EU Commission publishes a roadmap on the Standard Essential Patents to support the development of the 5G mobile communications standard
Van Bael & Bellis (Brussels)
On 10 April 2017, the European Commission published its roadmap on “Standard Essential Patents for a European digitalised economy” (the “Roadmap”) with the aim of supporting the development of the 5G mobile communications standard (“5G”) and the Internet of Things (“IoT”) universe. A standard (...)

The Russian Competition Authority sends a warning to a multinational technology company suspected of abuse of dominance (Apple)
Russian Federal Antimonopoly Service (Moscow)
FAS issued a warning to “Apple Rus” Ltd.* By 1 May 2017 the company should open a unified service centre in the Russian Federation On 20 February 2017, the FAS Commission investigated a case against “Apple Rus” Ltd. According to a statement received by FAS, in 2016 service centres failed to (...)

The French Competition Authority conducts an initial intermediary assessment of the commitments made by an online accommodation booking company (Booking.com)
Autorité de la concurrence (Paris)
The Autorité de la concurrence conducts an initial intermediary assessment of the commitments made by Booking.com.* The Autorité has not ruled out the possibility of issuing an opinion at its own initiative if the change in competition so requires, and is actively contributing to all of the (...)

The Paris Commercial Court declares void price and availability parity clauses formerly implemented by a hotel online booking company (Booking.com)
Epex Spot (Paris)
In a ruling issued on November 29th, 2016, the Paris commercial court (hereafter the “court”) declared void several provisions, including price and availability parity clauses previously in force, of Booking.com’s general terms of service governing its B2B relationships with hotels. Following an (...)

The Indian Competition Authority dismisses allegations of abuse of dominance against a laptop manufacturer (S. K. Mittal / HP)
Vaish Associates Advocates (New Delhi)
CCI dismisses allegation of abuse of dominance against HP* CCI, by its order dated November 10, 2016, has dismissed allegation of abuse of dominance against HP for defective products and spurious spare parts. In the Information filed by an individual, Dr. S.K. Mittal, who was essentially (...)

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

The Italian Competition Authority launches an investigation into competition law breaches and personal data (WhatsApp)
White & Case (Milan)
Misleading Terms & Conditions and Unfair Contract Terms: The Italian Competition Authority Opens Two Investigations against WhatsApp Inc.* On 28 October 2016, the Italian Competition Authority (the “Authority”) opened two investigations against WhatsApp Inc. for alleged unfair commercial (...)

The Advocate General Wahl recommends that the EU Court of Justice grant an appeal against the judgement of the General Court, which had upheld a decision of the Commission imposing a fine of € 1.06 billion for abuse of a dominant position (Intel)
Van Bael & Bellis (Brussels)
On 20 October 2016, Advocate General Wahl rendered his opinion on Intel’s appeal before the Court of Justice of the European Union (“CJEU”) against the judgement of the General Court, which had upheld a decision of the European Commission of 13 May 2009 imposing a fine of € 1.06 billion for abuse (...)

The EU Court of Justice Advocate General Wahl delivers his opinion in a case regarding rebates and calls for a new approach to Article 102 (Intel)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Call for a common-sense approach to Article 102 - Advocate General Wahl on Intel* If AG Kokott in Post Danmark II was a 102 hawk – ordoliberal-redux, fossilizing form over function, economics on the “too difficult pile” for authorities and courts – then AG Wahl firmly sets out his stall as the 102 (...)

The EU General Court upholds the Commission’s decision making legally binding commitments remedying a finding of an abuse of dominance in the market for consolidated real-time data feeds (Morningstar / Thomson Reuters)
Van Bael & Bellis (Brussels)
On 15 September 2016, the General Court upheld the Commission’s decision accepting commitments proposed by Thomson Reuters with a view to remedying a finding of an abuse of a dominant position in the market for consolidated real-time data feeds, in breach of Article 102 TFEU. The Commission had (...)

The Italian Competition Authority, in collaboration with 9 National Competition Authorities and the EU Commission, monitors the impact of the measures undertaken in online hotel booking sector
Italian Competition Authority (Rome)
Monitoring launched in online hotel booking sector* Monitoring the impact of the new parity clauses in the contracts with online travel agencies by the Italian Competition Authority in partnership with 9 other National Competition Authorities The Italian Competition Authority (AGCM), in (...)

The Arbitration Court of Moscow confirms that a technology company has abused its dominance on the market of pre-installed app stores (Google)
Russian Federal Antimonopoly Service (Moscow)
Appeal Court supported FAS in a dispute with “Google”* On 17 August 2016, the 9th Arbitration Appeal Court pronounced legitimacy and reasonableness of the decision of the Federal Antimonopoly Service (FAS Russia) on a case against “Google” abusing dominance on the market of preset application (...)

The Portuguese Competition Authority sends a statement of objections to a company specialized in standard mail services suspected to abuse of dominance (CTT)
Portuguese Competition Authority (Lisbon)
The Portuguese Competition Authority sends Statement of Objections to CTT – Correios de Portugal S.A.* The Portuguese Competition Authority (Autoridade da Concorrência – AdC) confirms having sent a Statement of Objections to CTT – Correios de Portugal S.A. (CTT) outlining its preliminary view that (...)

The EU Commission takes further steps concerning the case involving comparison shopping services and advertising-related practices (Google AdSense)
DG COMP (Brussels)
Antitrust: Commission takes further steps in investigations alleging Google’s comparison shopping and advertising-related practices breach EU rules* The Commission has sent two Statements of Objections to Google. The Commission has reinforced, in a supplementary Statement of Objections, its (...)

The EU Commission considers comparison shopping services and advertising related practices (Google AdSense)
International Center for Law & Economics (Portland)
Everything is amazing - and no-one at the European Commission is happy* Since the European Commission (EC) announced its first inquiry into Google’s business practices in 2010, the company has been the subject of lengthy investigations by courts and competition agencies around the globe. (...)

The UK Patents Court defers hearing on competition law issues in a patent litigation until infringement of patents is established (Illumina / Premiatha)
Fieldfisher (London)
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Fieldfisher (London)
Illumina, Inc v Premiatha Health PLC [2016] EWHC 1726 (Pat)*In July 2015 the Court of Justice of the European Union (CJEU) handed down its judgment in Huawei Technologies Co. Ltd v ZTE Corp., ZTE Deutschland GmbH (Case C-170/13). In that Judgment the CJEU ruled that in proceedings for an (...)

The German Competition Authority issues a working paper on the market power of platforms and networks
German Competition Authority (Bonn)
Bundeskartellamt publishes working paper on "Market Power of Platforms and Networks"* The Bundeskartellamt has today published a working paper which deals with the "Market Power of Platforms and Networks" in the Internet. The report focuses on the factors relevant for assessing the market (...)

The Hungarian Competition Authority pursues the monitoring of the online booking market after closing its sector inquiry
Hungarian Competition Authority (Budapest)
The GVH continues to monitor the hotel booking market after closing its sectoral inquiry* The Hungarian Competition Authority (Gazdasági Versenyhivatal, GVH) prepared its report on its sectoral inquiry on the online accommodation booking market. Due to the positive changes that took place on (...)

The German Competition Authority announces that, following its investigations, a railway company has decided to make far-reaching changes to the sale of passenger tickets (Deutsche Bahn)
German Competition Authority (Bonn)
Deutsche Bahn AG to make changes to ticket sales* Following investigations by the Bundeskartellamt, Deutsche Bahn AG has undertaken to make far-reaching changes to the sale of passenger tickets. The measures will improve the ticket sales possibilities of its competitors. In early 2014 the (...)

The German Competition Authority terminates proceedings regarding possible abuse of dominance in the market for the distribution of passenger train tickets and accepts several commitments by the incumbent train company (Deutsche Bahn)
Van Bael & Bellis (Brussels)
By a decision of 24 May 2016, the German Federal Cartel Office (“FCO”) announced that it had terminated proceedings against Deutsche Bahn AG after having accepted several commitments. In 2014, the FCO initiated an investigation against Deutsche Bahn AG and reached the preliminary conclusion that (...)

The French Competition Authority gathers informations to assess data processing in the on-line advertising sector
Autorité de la concurrence (Paris)
The Autorité de la concurrence begins, at its own initiative, gathering information in order to assess data processing in the on-line advertising sector* The Autorité has decided, at its own initiative, to gather information with a view to assessing competition in the internet advertising sector (...)

The French and German Competition Authority publish a joint study on competition law and data
Autorité de la concurrence (Paris)
The French Autorité de la concurrence and the German Bundeskartellamt publish joint paper on data and its implications for Competition Law* The increasing collection, processing and commercial use of data in digital markets has prompted a broad debate about the role of data in corporate (...)

The Lithuanian Competition Council prohibits a merger between two managers of classified ads websites for real estate and vehicles (AS Eesti Meedia / AllePAL OÜ)
Lithuanian Competition Authority (Vilnius)
Competition Council: Merger between classified ads websites restricted competition* On 6 May 2016, the Competition Council (hereinafter – KT) prohibited a merger whereby in 2014 AS Eesti Meedia acquired 100 per cent of AllePAL OÜ shares. KT found that the merger restricted competition in the (...)

The EU Commission sends a statement of objections concerning the imposition of restrictions on smartphone manufacturers and mobile network operators (Google Android)
Van Bael & Bellis (Brussels)
On 20 April 2016, the European Commission confirmed it issued a Statement of Objections (“SO”) to Google concerning the imposition of restrictions on Android device manufacturers and mobile network operators. The investigation was formally opened in April 2015. Google now has until July 2016 to (...)

The EU Commission sends a statement of objections to a technology company suspected of imposing restrictions on device manufacturers and mobile network operators (Google Android)
Constantine Cannon (London)
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Constantine Cannon (London)
EU Commission Hits Google With Abuse Of Dominance Charges Over Android*Just as expected, following a one-year investigation and a number of information requests, the European Commission formally announced today that it is accusing Google’s parent company, Alphabet, of abusing its dominant (...)

The EU Commission sends a statement of objections to a technology company suspected of imposing restrictions on device manufacturers and mobile network operators (Google Android)
DG COMP (Brussels)
Antitrust: Commission sends Statement of Objections to Google on Android operating system and applications* The European Commission has informed Google of its preliminary view that the company has, in breach of EU antitrust rules, abused its dominant position by imposing restrictions on (...)

The Beijing High People’s Court releases guidelines on Internet-related intellectual property rights trials
University of Melbourne
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China Competition Bulletin (Beijing)
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Hogan Lovells (Beijing)
On 13 April 2016, the Beijing High People’s Court released the Guideline on the Trial of Internet-Related Intellectual Property Right Cases. The guideline contains 42 provisions, covering copyright, trademark, and unfair competition issues. Specifically, there are two competition-related (...)

The Moscow Arbitration Court confirms the Competition Authority’s decision and prescription concerning the operating systems for smartphones (Yandex / Google)
Russian Federal Antimonopoly Service (Moscow)
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FAS Russia
In March 2016, the Moscow Arbitration Court expressed its support of the position of the Federal Antimonopoly Service (FAS Russia) on the case of abuse of dominance by the Google group of companies involving its actions on the Android operation system. The decision of FAS Russia was taken as (...)

The German Competition Authority initiates proceedings against a social network company regarding potential abuse of dominance (Facebook)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
The German Federal Cartel Office (the FCO) has announced that it has initiated proceedings against Facebook for the company’s alleged abuse of its dominant position in a market for social networks. The FCO appears to be taking the position that, as a firm with a possibly dominant position, (...)

The German Competition Authority opens a proceeding against a social network company suspected to have abused its dominance by infringing data protection rules (Facebook)
German Competition Authority (Bonn)
Bundeskartellamt initiates proceeding against Facebook on suspicion of having abused its market power by infringing data protection rules* The Bundeskartellamt has initiated a proceeding against Facebook Inc., USA, the Irish subsidiary of the company and Facebook Germany GmbH, Hamburg. The (...)

The UK High Court throws out a private claim for damages based on abuse of dominance in the online mapping sector (Streetmap / Google)
Constantine Cannon (London)
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Constantine Cannon (London)
Google wins court battle against StreetMap in the UK*Google won a big victory Friday in the High Court of England and Wales, which ruled that Google did not abuse its dominant position to the detriment of the now-defunct UK online mapping provider, Streetmap.The Court’s ruling against (...)

The Turkish Competition Authority unconditionally clears an acquisition in the market for data memory systems (Western Digital / SanDisk)
University of Sussex (Brighton)
This case note analyses the decision of the Turkish Competition Authority (TCA) in which it has unconditionally cleared in Phase I the acquisition of the sole control of SanDisk by Western Digital in the market for data memory systems. The Operation On 4 December 2015, the TCA received a (...)

The Turkish Competition Authority rejects the complaint that agreements between a major IT company and a number of OEMs on the exclusive pre-installation of mobile apps infringed competition rules (Yandex / Google)
University of Sussex (Brighton)
This case note analyses the decision of the Turkish Competition Authority (TCA) in which it has rejected the complaint of a rival IT company, Yandex, that agreements of a major IT company, Google, with a number of original equipment manufacturers (OEMs) on the exclusive pre-installation of its (...)

The German Competition Authority prohibits "best price" clauses implemented by an online hotel booking company (Booking.com)
German Competition Authority (Bonn)
Narrow ’best price’ clauses of Booking also anticompetitive* Today the Bundeskartellamt prohibited Booking (Booking.com Deutschland GmbH, Berlin, and Booking.com B.V., Amsterdam) from continuing to apply its ’best price’ clauses and ordered the hotel booking portal to completely delete the clauses (...)

The Romanian Competition Authority fines an IT company for abuse of dominance on the inkjet printers business market (Hewlett-Packard)
Romanian Competition Council (Bucharest)
The Competition Council has sanctioned HP Romania for abuse of dominant position* The Competition Council has sanctioned Hewlett - Packard (HP) Romania with fine of lei 2,966,516 (approx. Euro 665,000) for abuse of dominant position. Following the investigation conducted, the Competition (...)

The Hungarian Competition Authority accepts commitments proposed by a software company suspected of abuse of dominance (Nielsen)
Hungarian Competition Authority (Budapest)
The GVH accepted the commitments offered by Nielsen* The Hungarian Competition Authority (Gazdasági Versenyhivatal, GVH) accepted the commitments offered by Nielsen Közönségmérés Kft. (Nielsen), pursuant to which in the future it will set the prices of its databases and of the related discounts (...)

The Düsseldorf Regional Court rules on the requirements of an antitrust defence against an SEP holder in light of the ECJ’s judgment (SISVEL / Haier)
Simmons & Simmons (Dusseldorf)
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Simmons & Simmons (Dusseldorf)
A strict approach to applying the principles established in Huawei/ZTE, in particular as regards the prompt provision of security and a statement of account of past use, resulted in the defendant losing the right to raise a fair, reasonable and non-discriminatory (FRAND) defence. In detail (...)

The Irish Competition Authority publishes commitments made by an online hotel booking company (Booking.com)
Irish Competition Authority (Dublin)
Commission secures 5-year commitments from Booking.com* Commission secures 5-year commitments from Booking.com Accommodation providers in Ireland will have increased ability to offer lower prices Consumers will have greater access to more competitive rates Tuesday, 6th October 2015: The (...)

The Russian Competition Authority finds that a smartphone operating system developer abused of its dominance on the market of pre-installed app stores (Google)
Russian Federal Antimonopoly Service (Moscow)
“Google” abuses its dominant position on the market of pre-installed application stores in “Android” OS* The FAS Commission arrived to that conclusion on 14th September 2015, based on investigating the case against “Google Inc, Google Ireland” Ltd., “Google” Ltd. FAS found that “Google Inc. Google (...)

The German Competition Authority decides not to open formal proceedings against a search engine company in ancillary copyright dispute (Google)
German Competition Authority (Bonn)
Bundeskartellamt takes decision in ancillary copyright dispute* Bonn, 09 September 2015: In the dispute between the copyright collecting society VG Media and Google, the Bundeskartellamt has decided not to open formal proceedings against Google regarding its conduct in connection with the (...)

The Croatian Competition Authority opens an ex officio investigation regarding an apps sales market (Google)
Croatian Competition Agency (Zagreb)
CCA investigation in Android apps sales market* Following some press articles claiming that the Croatian software companies were forced to open branch offices or find partners abroad because Google did not allow them to register for direct sale of their apps via the Google Play store, the (...)

The EU Court of Justice holds standard-essential patent owner can abuse its position by seeking to enjoin infringement and sets out specific requirements (Huawei / ZTE)
Allen & Overy (London)
This article has been nominated for the 2016 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Background A Scattered European Landscape There is considerable inconsistency as to the availability of injunctive relief in relation to FRAND-obligated SEPs in (...)

The Finnish Competition Authority welcomes the judgement of the EU Court of Justice clarifying the position of standard-essential patent holders from the perspective of competition law (Huawei / ZTE)
Finnish Competition and Consumer Authority (Helsinki)
The Court of Justice of the European Union has clarified the position of standard-essential patent holders from the perspective of competition law* On Thursday 16 July, the Court of Justice of the European Union gave a judgment on the relationship between patent law and competition law. The (...)

The EU Court of Justice rules on the seeking of injunctions in the context of standard-essential patents encumbered by FRAND in the technology sector (Huawei / ZTE)
Norton Rose Fulbright (Brussels)
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McDermott Will & Emery (Brussels)
THE EUROPEAN UNION’S HIGHEST COURT RULES ON STANDARD-ESSENTIAL PATENTS INJUNCTIONS AND ABUSE OF DOMINANCE* The long-awaited ruling on the seeking of injunctions in the context of standard-essential patents encumbered by fair, reasonable, and non-discriminatory (FRAND) terms has been delivered (...)

The EU Court of Justice sets out specific requirements with which an SEP holder needs to comply to be able to seek an injunction without abusing its dominant position (Huawei / ZTE)
White & Case (Brussels)
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White & Case (Brussels)
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Preu Bohlig & Partner (Hamburg)
Standards lie at the heart of the digital economy – without standards, we would not have smartphones, tablets and other key parts of modern life. Europe’s highest court recently delivered a judgment in Huawei v. ZTE explaining when EU competition law will prevent holders of patents that are (...)

The EU Court of Justice rules on the circumstances in which a presumptively dominant SEP holder who has given a FRAND commitment may seek injunctive relief (Huawei / ZTE)
Quinn Emanuel Urquhart & Sullivan (Brussels)
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Quinn Emanuel Urquhart & Sullivan (Brussels)
The application of competition law to standard essential patents (SEPs) has been the subject of significant debate. The latest instalment was provided by the Court of Justice on 16 July 2015 with its much-anticipated preliminary ruling in Huawei v. ZTE, which concerns the circumstances in which (...)

The EU Court of Justice confirms practical steps to be taken by standard essential patent holders before seeking injunctions (Huawei / ZTE)
Norton Rose Fulbright (London)
Synopsis The Court of Justice of the European Union has ruled that the holder of a Standard Essential Patent that has committed to license its Standard Essential Patent on FRAND terms may be found in breach of the competition rules (Article 102 TFEU) by seeking an injunction against a (...)

The Croatian Competition Authority accepts commitments proposed by a company operating in the provision of specialised IT support to leasing companies (Gemicro)
Croatian Competition Agency (Zagreb)
Gemicro committments accepted* In the proceeding against the undertaking Gemicro the Croatian Competition Agency (CCA) accepted the committments made by Gemicro for the removal of anticompetitive effects and restoration of competition in the provision of specialised IT support to leasing (...)

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

The Indian Competition Authority exonerates global computer manufacturer from allegations of abuse of dominance in the market for x86 servers (Surana and Surana / Dell India)
Vaish Associates Advocates (New Delhi)
CCI exonerates Dell India Pvt. Ltd against allegations of abuse of dominant position* CCI by its order dated 10 June 2015 dismissed from allegations of involvement in anti-competitive practices and abuse of dominant position against Dell India Pvt. Ltd (DIPL). The case was filed by M/s Surana (...)

The Guangdong High People’s Court hears the appeal of one of China’s first administrative monopoly cases (Guangdong Education Department / Shenzhen Sware Technology)
University of Melbourne
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China Competition Bulletin (Beijing)
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Hogan Lovells (Beijing)
One of China’s first administrative monopoly court cases heard in Guangdong* On 28 May 2015, the Guangdong High People’s Court heard the appeal of the administrative monopoly case against the Guangdong Education Department filed by Shenzhen Sware Technology. The court is expected to announce its (...)

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)
Rajah & Tann (Singapore)
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Rajah & Tann (Singapore)
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McCarter & English (Washington)
This article has been nominated for the 2016 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. 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 (...)

The EU Commission launches an antitrust sector inquiry into the e-commerce sector
Skadden, Arps, Slate, Meagher & Flom (Brussels)
,
Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
On May 6, 2015, the European Commission (Commission) launched an antitrust sector inquiry into the e-commerce sector. This sector inquiry is part of the Commission’s broader Digital Single Market Strategy, which aims inter alia to improve access for consumers and businesses to online goods and (...)

The Competition Commission of India passes an order in favour of prominent online retail platforms in India (Mohit Manglani / M/s Flipkart India)
Chandhiok & Associates (New Delhi)
Introduction After Google, e-commerce seems to be next hot topic in the antitrust community. The European Commission’s recent inquiry has made this sector one of the most watched ones. Predictably, with the exponential increase in internet penetration, the Indian competition law has also (...)

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

The French Competition Authority obtains extensive commitments from an online hotel booking company (Booking.com)
Autorité de la concurrence (Paris)
Online hotel booking sector* The Autorité de la concurrence, in coordination with the European Commission and the Italian and Swedish authorities, has obtained particularly extensive commitments from Booking.com aiming to boost competition between online booking platforms and give hotels more (...)

The German Competition Authority sends a statement of objections to an online hotel booking company suspected to abuse of dominance (Booking.com)
German Competition Authority (Bonn)
Bundeskartellamt issues statement of objections regarding Booking.com’s ’best price’ clauses* Today the Bundeskartellamt has informed Booking.com Deutschland GmbH, Berlin, of its competition concerns regarding the continued use of ’best price’ clauses in its contracts with hotels in Germany. This (...)

The EU Commissioner in charge of competition policy announces a potential inquiry in the e-commerce sector
General Court of the European Union (Luxembourg)
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Allen & Overy (Hamburg)
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White & Case (Brussels)
On 26 March 2015, the European Commissioner in charge of competition policy, Margrethe Vestager, announced a potential competition inquiry in the e-commerce sector. According to the Commission, the proposed inquiry is aimed at identifying and resolving cross-border barriers to e-commerce in (...)

The Chinese NDRC applies rigorously the Anti-monopoly Law and fines a company for abuse of dominant position (Qualcomm)
Dacheng - Dentons (Shanghai)
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Dacheng - Dentons (Beijing)
On February 10, 2015, as one of the global antitrust enforcement powerhouses by now, the National Development and Reform Commission of PRC (“NDRC”) issued its sanction decision against the US semiconductor giant Qualcomm Incorporated (“Qualcomm), imposing a fine of RMB 6.088 billion (equivalent to (...)

The Chinese NDRC imposes changes in licensing practices (Qualcomm)
Cleary Gottlieb Steen & Hamilton (Washington)
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Cleary Gottlieb Steen & Hamilton (London)
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Cleary Gottlieb Steen & Hamilton (Brussels)
This article has been nominated for the 2016 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On March 2, 2015, China’s National Development and Reform Commission (“NDRC”), the agency responsible for investigating price-related violations of China’s (...)

The French Competition Authority receives commitments from an online hotel booking company aiming at ending practices likely to constitute an abuse of dominance (Booking.com)
Autorité de la concurrence (Paris)
Online hotel booking sector* Booking.com has proposed to the Autorité de la concurrence to remove the so-called “pricing parity clause” obliging hotels to grant it pricing conditions that are at least as favorable as those granted to the other online platforms Hotels can now place booking.com in (...)

The EU Parliament passes a resolution calling on the Commission to unbundle search engines from other commercial services (Google)
Ashurst (Milan)
EU Parliament passes resolution calling on the Commission to unbundle [Google’s] search engines from other commercial services* On 27 November 2014 the European Parliament has passed a non-binding resolution, which called on the Commission to “properly enforce the EU competition rules in order (...)

The Advocate General Wathelet states that before seeking an injunction, a standard-essential patent holder must inform an infringer that the latter needs a license (Huawei / ZTE)
White & Case (Brussels)
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White & Case (Brussels)
Summary The Advocate General’s advisory Opinion in the Huawei v. ZTE FRAND Case (C-170/13) would, if followed by the full European Court of Justice (ECJ), usher in a significant shift in the playing field in German litigation on Standard essential patents (SEPs). Germany has been known as a (...)

Dominance in the IT sector: An overview of EU and national case law
Clifford Chance (Brussels)
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Clifford Chance (Brussels)
The information technology ("IT") sector has proven to be fertile ground for investigations of abuses of market power (otherwise referred to as "monopolization" and "monopoly maintenance" under Section 2 of the Sherman Act in the United States, or "abuses of dominance" under Article 102 TFEU in (...)

The Chinese Supreme Court issues the first decision based on the economic analysis under Anti-Monopoly Law (Qihoo / Tencent)
Deacons (Hong Kong)
On October 16, 2014, the Chinese Supreme People’s Court (SPC) announced its ruling on the landmark antitrust litigation brought by Qihoo 360 against Tencent. The decision marked the SPC’s first ruling on a matter filed under China’s Anti-Monopoly Law (AML), which came into effect in August 2008. (...)

The French Competition Authority forces the incumbent train company to open online ticket selling to competition (SNCF / voyages-sncf.com)
EDHEC (Nice)
French train company SNCF forced to open online ticket selling to competition Summary SNCF, which has a monopoly on rail transport in France, had to agree to let distributors other than its affiliate Voyages-Sncf.com sell its train tickets in France. Facts SNCF operates trains in France, (...)

The Indian Competition Authority issues an order on the emerging jurisprudence of interface between intellectual property and competition law (HT Media / Super Cassettes)
Jindal Global University (Sonipat)
On October 1, 2014, Competition Commission of India (CCI) gave its final order on a yet another case making some vital contributions to the shaping of the law on the emerging jurisprudence of interface between intellectual property and competition law regimes in India. While this case sets a (...)

The Spanish Competition Authority imposes fine in purebred horses morphological competition sector (Association of Purebred Spanish Horse Breeders of Spain)
European Commission (Brussels)
Spain: The Comisión Nacional de los Mercados y la Competencia imposes Fine in Purebred Horses Morphological Competition Sector* On 9 September 2014, the Comisión Nacional de los Mercados y la Competencia (CNMC) Council adopted a decision finding that the ANCCE (Asociación Nacional de Criadores (...)

The Slovenian Competition Authority fines a broadcasting and internet media company in abuse case (Pro Plus)
European Commission (Brussels)
Slovenia: The Competition Protection Agency fines Media Company PRO PLUS in Abuse Case* On 21 July 2014, the Slovenian Competition Protection Agency (CPA) imposed a fine of nearly € 5 000 000 on PRO PLUS, a leading broadcasting and internet media company in Slovenia, for having abused its (...)

The EU Commission publishes a decision finding that request and enforcement of an injunction before a German court regarding a smartphone standard-essential patent constituted an abuse of dominant position (Motorola Mobility)
DLA Piper Weiss-Tessbach (Vienna)
Motorola Mobility won’t appeal the European Commission’s decision on patent licensing* Motorola Mobility (Motorola) has decided not to appeal the European Commission’s decision holding that it was abusing the way it licensed standard essential patents for mobile-phone standards. The Commission (...)

The EU General Court upholds the Commission’s decision finding that it had correctly demonstrated the anti-competitive nature of the exclusivity rebates granted by global manufacturer of computer processors (Intel)
DLA Piper Weiss-Tessbach (Vienna)
General Court upholds the EU Commission’s decision against Intel* On 12 June 2014 the General Court published its decision in the Intel case thereby upholding the Commission’s 2009 decision finding that Intel had abused its dominant position and imposed a fine of EUR 1.06 billion. On 13 May (...)

The EU General Court provides an in-depth analysis of the anti-competitive character of the matter of exclusivity rebates offered to the OEM partners (Intel)
EFTA Surveillance Authority (Brussels)
Case T-286/09 Intel : Characterisation of rebates* It is time to get deeper into the frenzy of the judgment in Case T-286/09 Intel which we summarised very quickly here in our first post on the case. Let us start by looking at the characterisation of rebate schemes by the General Court. The (...)

The EU General Court upholds the Commission’s decision regarding exclusivity rebates on the microprocessor market (Intel)
Dentons (Brussels)
This article has been nominated for the 2015 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Introduction On 12 June 2014 the General Court issued a judgment upholding in its entirety the European Commission’s decision of 13 May 2009 imposing a fine of (...)

The General Court upholds in its entirety the Commission’s decision imposing a fine on a microprocessor manufacturer for abusing a dominant position in the market for desktop and laptop microprocessors (Intel)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
,
Skadden, Arps, Slate, Meagher & Flom (Brussels)
In a long-awaited judgment issued on June 12, 2014, the General Court upheld in its entirety the European Commission’s May 13, 2009, decision imposing a fine of €1.06 billion ($1.5 billion) on Intel for abusing a dominant position in the market for x86 CPUs. In particular, the court upheld the (...)

The EU General Court upholds Commission’s decision imposing a fine on a manufacturer for restricting competition and foreclosing competitors by granting exclusivity rebates in the market for computer processors (Intel)
DG COMP (Brussels)
The views expressed in this memo are those of the author’s, and do not reflect the opinions of other CRA experts, or CRA’s clients. A test-case for the effects-based approach In a long-awaited ruling, General Court judgment has confirmed the Commission’s 2009 Intel décision. The Commission’s (...)

The EU General Court upholds the Commission’s record fine and states that exclusivity-inducing rebates are anticompetitive by default (Intel)
DG COMP (Brussels)
This article has been nominated for the 2015 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Intel and the future of Article 102* A test-case for the effects-based approach In a long-awaited ruling, last week’s General Court judgment has confirmed the (...)

The Chinese State Administration Industry & Commerce releases draft of regulations concerning the abuse of IPR for anticompetitive purposes
AnJie Law (Beijing)
SAIC Moves Closer to Antitrust Rules for IP* On June 11, 2014, China’s State Administration for Industry and Commerce (SAIC) released the latest draft of regulations designed to implement the Anti-Monopoly Law (AML) with respect to intellectual property rights—Rules of the Administration of (...)

The Portuguese Competition Court upholds a Competition Authority decision fining a TV operator for abuse of dominant position (Sport TV)
European Commission (Brussels)
Portugal: The Competition Court upholds Competition Authority Decision fining Sport TV for Abuse of Dominant Position* On 4 June 2014, the Competition, Regulation and Supervision Court (the Court) upheld a decision of the Portuguese Competition Authority (PCA) finding that Sport TV had abused (...)

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

The EU Commission finds that the order sought and the enforcement of an injunction before a German Court based on a smartphone standard essential patent constituted an abuse of dominance (Motorola Mobility)
Ashurst (Milan)
European Commission finds that Motorola Mobility misused standard essential patents* On 29 April 2014, the European Commission European held that it has adopted a decision which found that Motorola Mobility’s (“Motorola”) seeking and enforcement of an injunction against Apple before a German (...)

The French Competition Authority receives commitments from a railway company aiming at ending the competition concerns identified in the distribution of train tickets sector (SNCF / voyages-sncf.com)
Autorité de la concurrence (Paris)
The SNCF makes progress on the path to the equitable treatment of its voyages-sncf.com website and travel agencies* Within the scope of a procedure initiated before the Autorité de la concurrence, SNCF has proposed a series of commitments designed to make voyages-sncf.com and competing travel (...)

The French Competition Authority makes legally binding the commitment of the holder of a legal monopoly over horserace bets placed in physical outlets, to separate its online horserace betting activity from its point of sale network (Betclic / PMU)
Ashurst (Milan)
French Competition Authority orders PMU to separate its online horserace betting activity from its physical point of sale network* On 25 February 2014, the French Competition Authority (“AdlC”) issued a decision (available only in French) making legally binding the commitment of Pari Mutuel (...)

The German Competition Authority initiates proceedings on the suspicion of abuse of dominant position in the sale of rail passenger tickets (Deutsche Bahn)
German Competition Authority (Bonn)
Proceedings initiated against Deutsche Bahn AG Suspicion of restricting competition in ticket sales* The Bundeskartellamt has initiated proceedings against Deutsche Bahn AG on the suspicion that it has abused its dominant position in the sale of rail passenger tickets. Andreas Mundt, (...)

The Dutch Supreme Court finds that a decision of an association of real estate agents to make compulsory the use by its members of the association’s information sharing system infringes Article 6(1) of the Dutch competition Act (NVM)
European Commission - DG HR (Brussels)
NVM is an association of real estate agents which accounted in 2005 about 80% of registered real estate agents in the Netherlands. NVM had developed an information sharing system (a first version was named “Masterplan 2000”, followed by a second version named “TIARA”), containing office automation (...)

The Slovenian Supreme Court upholds the Competition Authority’s prohibition decision finding an abuse of dominant position in the market for TV advertising (Pro Plus)
Fatur Law Firm (Ljubljana)
In PRO PLUS case, the Slovenian Competition Protection Agency (hereinafter referred to as the CPA) adopted a prohibition decision in April 2013 (Case 306-90/2009), finding that PRO PLUS, i.e. Produkcija Plus, a leading broadcasting and internet media company in Slovenia, which is part of the (...)

The US District Court for the District of California dismisses an action brought by a putative class of consumers on claims of monopolization of the aftermarket for phone apps (Apple)
Sheppard Mullin (San Francisco)
Plaintiffs Hit an Illinois Brick Wall: Indirect Purchasers of iPhone Apps Lack Standing to Bring Antitrust Suit* On December 2, 2013, United States District Judge Yvonne Gonzalez Rogers of the Northern District of California dismissed a case against Apple brought by a putative class of (...)

The Lisbon Court of Appeal states that the limitation period of a claim for damages caused by anticompetitive behaviour starts with the awareness of the facts by the claimant and not with the Competition Authority’s decision (ADSL)
Pares Advogados (Lisbon)
On 31 October 2013, the Lisbon Court of Appeal confirmed the decision of the Lisbon Court of First Instance, denying the appellant the right to claim compensation for the losses suffered due to abuse of dominant position by Portugal Telecom and ZON between 2002 and 2003, fined by the Portuguese (...)

The Turkish Competition Authority fines a telecom company, suspected of abusing its dominant position, for obstructing the inspection of its business premises during an ongoing investigation (TTNET)
Queen Mary University (London)
I. BACKGROUND TTNET is the Turkey’s largest broadband provider and a subsidiary of Turk Telekom Group. The Turkish Competition Authority (TCA) had started proceedings due to the complaints received against TTNET. These complaints focused on two main allegations. As such were, on the one hand, (...)

The EU Commission seeks feedback on commitments meant to address competition concerns on the market for web search (Google)
Ashurst (Milan)
This article has been nominated for the 2014 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. European Commission market tests Google commitments in relation to online search and search advertising* On 25 April 2013 the European Commission published a (...)

The EU Commission begins market testing of commitments offered by the leading web search operator to address competition concerns (Google)
Van Bael & Bellis (Brussels)
On 25 April 2013, the Commission issued a press release announcing that it had begun market testing commitments offered by Google in relation to online search and search advertising. In its press release, the Commission stated that it continues to have concerns that Google may be abusing (...)

The EU Commission carries out a market test of commitments in its investigation of the online search service provider (Google)
Cleary Gottlieb Steen & Hamilton (Brussels)
The Google Commitments – Testing Substantive Theories Through Remedy Discussion* Over the last two months, the Commission has been market testing commitments that Google has offered to resolve the Commission’s pending investigation. Many have made thoughtful comments. But there has also been (...)

The Swedish Market Court upholds City Court’s decision finding abuse (TeliaSonera)
European Commission (Brussels)
Sweden: The Market Court upholds City Court’s Decision finding Abuse in Telia Sonera Case* On 12 April 2013, the Swedish Market Court (the Market Court) ordered the Swedish telecom operator Telia Sonera Sverige AB (Telia Sonera) to pay an administrative fine amounting to SEK 35 000 000 (...)

The Swedish Court of Appeal endorses the EU Court of Justice’s finding of abuse of dominance in margin squeeze case (TeliaSonera)
Mircea (Bucharest)
I. Introduction On the 17 of February 2011 the Court of Justice of the European Union released its preliminary ruling in Case C-52/09 Konkurrensverket v TeliaSonera. At the origin of this litigation we could find an application for summons issued by Konkurrensverket on 21 December 2004. After (...)

The EU Commission receives a complaint alleging abuse of dominant position in the market for smartphone operating system (FairSearch / Google)
Garrigues (Brussels)
This article has been nominated for the 2015 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Some thoughts on the new anti-Google (Android) complaint* Some background to the complaint Back in April the FairSearch coalition in this case only two of its (...)

The Guangdong High Court rules against a plaintiff in high-profile on-line abuse of dominance case (Qihoo / Tencent)
First Principles Economics (London)
On the 28th March 2013 the Guangdong High Court published their eagerly awaited decision regarding the abuse of dominance antitrust dispute between Qihoo 360 (Qihoo, the Plaintiff) and Tecent QQ (Tencent, the Defendant). The decision was over fifty thousand Chinese characters in length. This (...)

The Chinese High People’s Court of Guangdong issues a judgment on the definition of the relevant market in alleged abuse of dominance case in the IT sector (Qihoo / Tencent)
Renmin University of China
I. Introduction 1. Beijing Qihoo Technology Co., Ltd. (hereinafter referred to “Qihoo”) is the copyright owner and operator of 360 safe software. Tencent Technology (Shenzhen) Co., Ltd., and Shenzhen Tencent Computer System Co., Ltd. (hereinafter referred to “Tencent”) are respectively the (...)

The EU Commission fines one company €561 million for breach of commitments (Microsoft)
European Commission (Brussels)
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Jones Day (Brussels)
,
Jones Day (Brussels)
The European Commission has imposed an unprecedented €561 million ($730 million) fine on Microsoft, finding it broke its pledge to offer consumers a choice of how they access the Internet, rather than defaulting to Microsoft’s Explorer browser. This is the first time a company has been fined for (...)

The French Competition Authority sanctions a professional body and an association for exclusionary practices implemented in the sector of electronic transfer of tax and accounting data (French Association of Chartered Accountants)
Baker Botts (Brussels)
Following a complaint submitted in December 2010, the French Competition Authority (hereinafter the ’FCA’) adopted on 28 February 2013 a decision (hereinafter the ’Decision’) whereby it fined two bodies a total of €1,247,220 for an abuse of a dominant position in the sector of online transmission of (...)

The French Competition Authority rejects complaint based on allegations of abuse of dominance on the market for online advertising (E-Kanopi)
Ashurst (Milan)
French Competition Authority dismisses E-Kanopi’s complaint against Google* On 4 March 2013 the French competition authority dismissed (only available in French) a complaint by E-Kanopi alleging that Google abused of its dominant position by seeking to force it out of the market in breach of (...)

The Spanish Competition Authority puts an end to infringement proceedings against hardware and software company suspected of refusal to supply (Oracle)
Hogan Lovells (Madrid)
The Spanish Competition Authority (Comisión Nacional de la Competencia, the CNC) put an end to the infringement proceedings S/354/11 Oracle (the Decision). These infringement proceedings were formally opened pursuant to a complaint by a competitor which considered that Oracle had committed an (...)

The US DoJ challenges an acquisition by a market leader in product ratings and reviews the platforms of its alleged closest competitor (Bazaarvoice / PowerReviews)
Wilson Sonsini Goodrich & Rosati (Washington)
On January 10, 2013, the U.S. Department of Justice sued Bazaarvoice, Inc. alleging that its acquisition of PowerReviews, Inc. in June 2012 violated Section 7 of the Clayton Act. The complaint alleges that Bazaarvoice was the market leader for product ratings and reviews platforms (PRR (...)

The US FTC closes its investigation and approves the voluntary commitment of an internet search engine (Google)
Skadden, Arps, Slate, Meagher & Flom (Washington DC)
,
Skadden, Arps, Slate, Meagher & Flom (Palo Alto)
,
Skadden, Arps, Slate, Meagher & Flom (New York)
This article has been nominated for the 2014 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Thoughts On Google’s FTC Settlement On Jan. 3, 2013, the Federal Trade Commission ended its highly publicized and wide-ranging investigation into Google Inc.’s (...)

The EU Commission adopts decision rendering international news media agency’s commitments legally binding (Thomson Reuters)
Van Bael & Bellis (Brussels)
On 20 December 2012, the Commission announced that it had adopted a decision that renders legally binding the commitments offered by Thomson Reuters to create a new licence ("ERL") allowing customers, for a monthly fee, to use Reuters Instrument Codes (“RICs”) for data sourced from Thomson (...)

The French Competition Authority accepts commitments proposed by the editor of printed and online directories and puts an end to its investigations in the market of sale of advertising space in those directories (PagesJaunes)
White & Case (Paris)
In a decision issued on November 22, 2012, the French Competition Authority (hereafter “the FCA”) accepted the commitments proposed by PagesJaunes SA, thereby putting an end to a procedure following complaints for abuse of dominant position, without imposing any fine. PagesJaunes is the leader (...)

The EU Commission sends SOs to software company regarding failure to comply with commitments relating to web browsers and identifies additional issues relating to the release of the new software (Microsoft)
Van Bael & Bellis (Brussels)
On 24 October 2012, the European Commission announced that it sent a Statement of Objections (“SO”) to Microsoft informing the company of the Commission’s preliminary view that Microsoft failed to comply with its commitments designed to enable users to more easily choose their preferred web (...)

The EU Commission opens proceedings against US software company to investigate possible non-compliance with browser choice commitments (Microsoft)
Van Bael & Bellis (Brussels)
On 17 July 2012, the Commission announced that it had opened proceedings against Microsoft in order to investigate whether the company has failed to comply with its 2009 commitments to offer users a choice screen that provides another means of allowing users to choose their preferred web (...)

The EU Commission announces new market testing of proposal by international news media agency regarding its licensing practices (Thomson Reuters)
Van Bael & Bellis (Brussels)
On 12 July 2012, the Commission announced that it was consulting interested third parties on a new proposal from Thomson Reuters to address concerns that its licensing practices in relation to Reuters Instrument Codes (RICs) may be in breach of Article 102 TFEU. The proposal is intended (...)

The EU Competition Commissioner makes a statement on the progress of the on-going investigation into the alleged abuse of dominance in the search engine market (Google)
Ashurst (Milan)
Almunia offers Google settlement talks* Last 21 may 2012, Competition Commissioner Joaquin Almunia made a statement on the progress of the on-going investigation into Google’s alleged abuse of dominance in the search engine market, which the Commission was investigating since November 2010 (see (...)

The EU Commission invites leading web search engine to submit remedies to address alleged abuse of dominance concerns (Google)
Van Bael & Bellis (Brussels)
On 21 May 2012, the Commission issued a press statement inviting Google to submit remedies to address four concerns it identified pursuant to the antitrust investigation it launched in November 2010 into a potential abuse by Google of its dominant market position. The Commission noted (...)

The Chinese MOFCOM conditionally clears an acquisition in the smartphone and smartphone operating system sectors (Google / Motorola Mobility)
Institute of American Studies (Beijing)
China’s Ministry of Commerce Conditionally Clears the Google/Motorola Mobility Deal* On 19 May 2012, China’s Ministry of Commerce (‘MOFCOM’) announced its conditional clearance decision on the acquisition of Motorola Mobility by Google, which removed the last hurdle for the USD12.5 billion (...)

The Chinese MOFCOM approves an acquisition subject to conditions in the IT industry (Google / Motorola Mobility)
Jones Day (Beijing)
,
Gibson Dunn (Hong Kong)
,
Jones Day (Beijing)
On 19 May 2012, the PRC Ministry of Commerce ("MOFCOM") approved the acquisition by Google Inc. of Motorola Mobility, Inc. under the Chinese Anti-Monopoly Law ("AML"), but imposed conditions to require that Google continue to license the Android operating system and the patents acquired from (...)

A US Court of Appeals reiterates that it is possible to monopolize a technology market (Apple / Samsung)
Orrick, Herrington & Sutcliffe (San Francisco)
Northern District of California Reiterates That You Can Monopolize a Technology Market* In Apple, Inc. v. Samsung Electronics Co., Ltd., Case No. 11-CV-01846 (N.D. Cal. May 14, 2012) (Koh, J.), a patent case, the court refused to dismiss Apple’s counterclaims, including a Sherman Act § 2 (...)

The Brussels Court of Appeal asks the EU Commission its opinion on the application of EU competition law regarding alleged abuse of dominance in the IT sector (Kapitol / Magyar Telekom)
Liège University
I. Facts Kapitol is a Belgian company. It offers European phonebooks services to its Belgian clients: they are available on both CD and DVD. In order to increase its offer, Kapitol wishes to have access to Magyar Telekom’s database in order to publish a Hungarian phonebook. Magyar Telekom is (...)

The EU Commission announces the opening of proceedings in the market for the design of commercial control systems (The MathWorks)
Van Bael & Bellis (Brussels)
On 1 March 2012, the European Commission announced that it had opened a formal investigation to assess whether The MathWorks abused a dominant position under Article 102 TFEU in the market for the design of commercial control systems by preventing competitors from achieving (...)

The Paris Commercial Court finds that leading internet search company abused its dominant position on the maps market (Bottin Cartographes / Google)
Google (Paris)
Facts Is free an anticompetitive behavior? Bottin Cartographes, a French company which offers solutions to firms which want to integrate maps in their websites, realized that it was losing clients to Google. Its clients, which used to pay for the display on their pages of their location and (...)

The EU Commission opens an investigation against a South Korean producer of smartphones and tablet computers for abusive use of its essential patents for 3G mobile and wireless telecommunications system standard (Samsung)
Criterion Economics (Washington)
The European Commission opens an antitrust investigation against Samsung Electronic* On January 31, the European Commission announced the opening of a formal antitrust investigation against Samsung Electronic, the South Korean producer of smartphones and tablet computers. The case concerns the (...)

The French Competition Authority declines to impose emergency measures but will continue to investigate alleged practices in the markets for corporate servers and relational database management systems (RDBMS) (Hewlett-Packard / Oracle)
Autorité de la concurrence (Paris)
The Autorité de la concurrence declines to impose emergency measures against Oracle, but will continue to investigate the merits of Hewlett-Packard’s complaint*. Hewlett-Packard Company and Hewlett-Packard France filed a complaint with the Autorité de la concurrence concerning practices of Oracle (...)

The French Competition Authority rejects the hardware supplier’s request for interim measures (Hewlett-Packard / Oracle)
Van Bael & Bellis (Brussels)
In a decision of 10 January 2012, the French Competition Authority rejected Hewlett-Packard’s request for interim measures against Oracle. This decision follows a complaint lodged by the Hewlett-Packard Company and Hewlett-Packard France (“HP”) alleging that the Oracle Corporation and Oracle (...)

An Italian Civil Court rejects to dispose of the delay of a new product launch for patent infringement claim and assumes a leading competitor’s abuse of dominant position as the refusal to license (Samsung Italy / Apple Italy)
Luiss Guido Carli University (Rome)
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Luiss Guido Carli University (Rome)
The facts The rivalry between Samsung and Apple gave birth to a terrific number of disputes around the globe. One of the last chapters of this never ending saga took place in Milan when Samsung asked to the court a precautionary measure to stop the sale of the Apple smart-phone that supposedly (...)

The Turkish Competition Authority unconditionally clears the acquisition of the hard disk drive business of a leading IT company (Seagate/Samsung)
Erdem & Erdem (Istanbul)
The Competition Board (the “Board”) has unconditionally authorized the acquisition of the control over the Hard Disk Drive (“HDD”) of Samsung Electronics Co. Ltd. (“Samsung”) by Seagate Electonics PLC (“Seagate”; “Samsung” and “Seagate” hereinafter referred to as the “Parties”) by concluding that, even (...)

The Competition Authority of Bosnia & Herzegovina finds abuse of dominant position on the market for computer reservations systems (Amadeus)
University of Macau - Faculty of Law
On 22 December 2011 Competition Authority of Bosnia & Herzegovina (KV) established that Amadeus BH d.o.o., the provider of the computer reservations system Amadeus used by the travel agencies for booking the airline tickets, has abused its dominant position on the relevant market by (...)

The EU Commission market tests international multimedia news agency’s commitments on its licensing practices (Thomson Reuters)
Van Bael & Bellis (Brussels)
On 14 December 2011, the Commission announced that it was inviting comments on commitments offered by Thomson Reuters to address concerns that its licensing practices in relation to the Reuters Instrument Codes (“RICs”) may infringe Article 102 TFEU. RICs are codes that identify securities (...)

The EU Commission adopts a commitment decision concerning the aftermarket for IT company mainframe maintenance (IBM)
DG GROW (Brussels)
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Italian Competition Authority (Rome)
An analysis of the IBM Commitment Decision concerning the aftermarket for IBM mainframe maintenance* The content of this article does not necessarily reflect the official position of the European Commission. Responsibility for the information and views expressed lies entirely with the (...)

The Chinese National Development and Reform Commission (NDRC) confirms investigation for abuse of dominance against two giant State-owned telecommunication operators (China Telecom / China Unicom)
King & Wood Mallesons (Beijing)
Earlier Rumor Confirmed: China Telecom and China Unicom under Antitrust Investigation* On November 9, 2011, an earlier rumor indicating that China Telecom is under antitrust investigation for alleged abuse of dominance in the broadband market was confirmed by the National Development and (...)

The Austrian Supreme Court of Justice brings a preliminary ruling before the ECJ on the application of Article 102 TFEU to the Austrian commercial register (Compass)
Saxinger Chalupsky & Partners (Brussels)
The Compass group (“Compass”), a private provider of business information, runs a database of all Austrian businesses registered in the Austrian commercial register, for which end users have to pay. Besides the information available in the Austrian commercial register, which is run by the (...)

The US FTC opens an in-depth investigation for alleged antitrust violations in the online search market (Google)
David A. Balto (Washington)
Internet Search Competition: Where’s the Beef?* On [24] June 2011, Google announced that the FTC had opened an investigation of its search practices. This is an issue I have given considerable thought to. In an article I just released—Internet Search Competition: Where’s the Beef?—I explain (...)

The US DoJ and FTC conduct simultaneous independent antitrust investigations in the online search market (Google / Admeld)
Womble Bond Dickinson (Washington)
Google Investigation* After months of a rumors about government action against Google, there are reports that government agencies are begining to take action. On June 24, the Wall Street Journal reported that the FTC is primed to serve subpoenas on the internet giant. A July 19, 2011 (...)

The Japan Fair Trade Commission issues a cease and desist order against a company providing social networking service for mobile (DeNA)
Japan Fair Trade Commission (Tokyo)
Cease and Desist Order against DeNA Co., Ltd* The Japan Fair Trade Commission (JFTC) has investigated DeNA Co.,Ltd. (DeNA) in accordance with the provisions of the Antimonopoly Act (AMA) and found it to be in violation of Article 19 of the AMA (falling within Paragraph 14 [Interference with a (...)

A Chinese District Court rules for the plaintiff in an unfair competition case relating the antivirus software industry (Tencent / Qihoo)
Cleary Gottlieb Steen & Hamilton (Hong Kong)
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Norton Rose Fulbright (Brussels)
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China Construction Bank Europe (Luxembourg)
This article has been nominated for the 2012 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On April 26, 2011, Beijing Chaoyang District Court (the “Court”) ruled against Qihoo, the provider of 360 (a widely used antivirus software) and two other (...)

The EU Commission assesses whether a company in the online search market has abused its dominant position under Art. 102 TFEU (Microsoft / Google)
European University Institute (Florence)
Microsoft v. Google – Clash of the Titans* On Behalf of the Antitrust Community, A Big Thank You – Antitrust law professors should be grateful to Microsoft (hereafter, “MSFT”). As a repeat offender of the competition laws, MSFT has provided scholars with loads of research and educational material (...)

The US District Court for the Northern District of California dismisses claims on monopolisation, unfair competition and the fraud since the plaintiff did not articulate a proper definition of the relevant market (Digital Sun / The Toro Company)
Sheppard Mullin (Los Angeles)
Federal Court Finds Allegations of “Bad Faith” in Sprinkler License Agreements to be “Vox Clamantis in Deserto”* On March 22, 2011, the United States District Court for the Northern District of California entered an order granting defendants The Toro Company’s ("Toro") motion to dismiss plaintiff (...)

The Chinese State Council promulgates several policies to further encourage the development of software and integrated circuit industries
University of Melbourne
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China Competition Bulletin (Beijing)
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Institute of American Studies (Beijing)
The State Council promulgated the Several Policies on Further Encouraging the Development of the Software and Integrated Circuit Industries (the Policies) on 28 January 2011. According to the Policies, China will further regulate the orderliness of the software and integrated circuit (...)

The Polish Competition Authority blocks acquisition by book and music retailer of online rival (Empik / Merlin.pl)
Van Bael & Bellis (Brussels)
On 3 February 2011, the Polish Competition Authority prohibited the acquisition by Empik, the leading Polish book and CD store, of its online competitor Merlin.pl. Following an in-depth investigation, the Competition Authority concluded that the planned acquisition would lead to serious (...)

The Italian Competition Authority accepts commitments proposed by the main IT operator closing the investigation for abuse of dominance on the online collecting advertisement market (Google Italy)
Criterion Economics (Washington)
The Italian competition authority accepts Google’s commitments in the investigation concerning Google News in Italy* In January 2011, the Italian Competition Authority announced that it closed its investigation against Google Italy, for the alleged abuse of dominant position. The decision was (...)

The French Competition Authority issues an opinion concerning the dominant position of a search engine company in the market for online advertising (Google)
Autorité de la concurrence (Paris)
The Autorité de la concurrence considers that Google holds a dominant position on the advertising market linked to search engines. It considers that competition law can apply limits to Google’s actions and provide a response to the competitive stakes brought to light by the actors, without the (...)

The EU Commission investigates in-depth competition concerns on the internet market as regards unfavourable treatment of competing services in unpaid and sponsored search results coupled with an alleged preferential placement of own services (Google)
Sheppard Mullin (Del Mar)
EC Investigates Google for Potential Abuse of Dominance in Online Search Market* In July 2010, Vice President of the European Commission (EC) responsible for competition policy, Mr. Joaquin Almunia, referred to the essential role that competition policy has in ensuring “market access and (...)

The EU Commission opens in-depth investigation over the alleged antitrust violations in the online search market (Microsoft / Google)
Wolters Kluwer (Riverwoods)
Microsoft Files Antitrust Complaint with European Commission Against Google* Microsoft Corporation has filed a formal complaint with the European Commission (EC) against Google Inc. as part of the EC’s ongoing antitrust investigation into the search engine company. In a March 30 blog post, Brad (...)

The US Federal Trade Commission settles antitrust charges against a leading microprocessor manufacturer (Intel)
Dish Network (Denver)
On October 29, 2010, following a public comment period, the U.S. Federal Trade Commission (the “Commission”) approved the final decision and order settling the antitrust charges against Intel Corp. (“Intel”) for allegedly stifling competition in certain microprocessors markets. The proposed (...)

The Chinese State Administration for Industry and Commerce (SAIC) receives requests for review in the internet industry (Baidu / Tencent)
AnJie Law (Beijing)
Market dominance and the Internet: new industry, new rules?* China’s biggest encyclopaedia website, Hudong.com, has requested an anti-monopoly review of Baidu, the leading Chinese internet search engine. Hudong.com is asking the State Administration for Industry and Commerce (SAIC) to fine (...)

The French Competition Authority accepts commitments relating to online advertising service (AdWords)
Hewlett Packard (Boulogne-Billancourt)
In its decision n° 10-D-30 dated 28 October 2010, relating to practices implemented in the online advertising sector (relative à des pratiques dans le secteur de la publicité en ligne), the French Competition Authority (the «Competition Authority«) accepted the commitments offered by Google to solve (...)

The EU Commission recognises that due to their dynamics internet markets such as online search engines are characterized by innovative business models that are constantly evolving and therefore market dominance on the internet might be difficult to establish (Google)
Sheppard Mullin (Del Mar)
EC Investigates Google for Potential Abuse of Dominance in Online Search Market* In July 2010, Vice President of the European Commission (EC) responsible for competition policy, Mr. Joaquin Almunia, referred to the essential role that competition policy has in ensuring “market access and (...)

The French Competition Authority imposes interim measures to ensure that a company providing advertising services, implements its content policy in an objective, transparent and non-discriminatory manner (Navx / Google - AdWords)
White & Case (Paris)
Background On June, 30, 2010, following a complaint coupled with a request for interim measures lodged by Navx, the French National Competition Authority (thereafter “NCA”), by way of interim decision, ordered Google Ireland and Google Inc. (hereafter “Google”) to implement in an objective, (...)

The French Competition Authority issues an interim decision opening an investigation to ascertain abuse of dominance by refusing to display advertising (Navx)
Ashurst (Milan)
Google under investigation in France for alleged abuse in the online advertising market* On 30 June 2010, the French Competition Authority (“FCA”) issued an interim decision opening an investigation to ascertain whether Google abused its dominant position, as well as Navx’s state of economic (...)

The French Competition Authority orders interim measures and assesses commitments to remedy antitrust concerns of abuse of dominance in the online advertising market (Google)
Jones Day (Paris)
Google offers commitments to get off the radar screen* A case involving Google confirms that the French Competition Authority is keen on using a combination of interim measures and commitment proceedings in order help it quickly resolve maters which it perceives as competition issues. This may (...)

The French Competition Authority grants interim measures regarding online advertising system (Navx / Google)
Simmons & Simmons (Paris)
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cxLoyalty Group (London)
In a decision dated 30 June 2010, the French Competition Authority (the "Competition Authority") has considered that Google had implemented the content policy of its AdWords service in a way that lacked objectivity and transparency and resulted in a discriminatory treatment of speed camera (...)

The Italian Competition Authority publishes commitments offered to put an end to an antitrust investigation under article 102 TFEU concerning the use of newspaper content (Google)
Ashurst (Milan)
Google offers commitments to close investigation in Italy* On 14 May 2010, the Italian Competition Authority (“AGCM”) published the commitments (available on the AGCM website) offered by Google to put an end to an antitrust investigation of its Google News service under Article 102 TFEU (see (...)

The EU General Court examines an appeal against a Commission decision in the chip manufacturing sector (Hynix Semiconductor)
Van Bael & Bellis (Brussels)
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Practising Law Institute (New York)
The details of two appeals lodged at the General Court (“GC”) by Hynix Semiconductor (“Hynix”) against two Commission decisions concerning US chip manufacturer Rambus were published in the Official Journal of 5 June 2010. In December 2009, the Commission issued a decision closing an investigation (...)

The Chinese Intermediate People’s Court No.1 in Beijing issues second abuse of dominance decision under the new anti-monopoly law (Baidu / TRISC - Tangshan Renren Information Service Company)
Jones Day (Beijing)
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Jones Day (Beijing)
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Winston & Strawn (New York)
On December 18, 2009, a Chinese court ruled in favor of Baidu, Inc. (“Baidu”), allegedly the largest Chinese search engine company, in a lawsuit filed by Tangshan Renren Information Service Company (“TRISC”), an online information platform. TRISC alleged that Baidu abused its dominant market (...)

The EU Commission renders legally binding commitment offered by U.S. software undertaking concerning web browsers (Microsoft)
DG COMP (Brussels)
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DG COMP (Brussels)
,
European Commission (Brussels)
"The Commission’s decision in the Microsoft Internet Explorer case and recent developments in the area of interoperability"* I. Commitment decision on the tying of Internet Explorer to Windows A. Introduction On 16 December 2009, the Commission adopted a commitment decision (‘the Decision’) (...)

The EU Commission renders legally binding commitments offered by U.S. software undertaking to lower memory chip royalty rates (Rambus)
European Commission - DG TRADE (Brussels)
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European Parliament (Luxembourg)
"Patent ambush in standard-setting: the Commission accepts commitments from Rambus to lower memory chip royalty rates"* I. Introduction Standardisation involves competitors sitting around a table agreeing technical developments for their industry. Normally, antitrust rules do not allow (...)

The EU Commission closes an investigation into a chip manufacturer for abuse of dominant position (Rambus)
Van Bael & Bellis (Brussels)
Several developments that took place during December 2009 suggest that the issue of standards-setting is one that is currently of renewed interest to the European Commission, and likely to remain that way under the next Commission. US chip manufacturer Rambus had previously found itself in (...)

The EU Commission opens formal proceedings in the real-time market data feeds sector (Thomson Reuters)
Van Bael & Bellis (Brussels)
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Practising Law Institute (New York)
On 10 November 2009, the Commission announced that it was opening formal antitrust proceedings against Thomson Reuters regarding its practices in the area of real-time market datafeeds. In particular, the Commission will investigate whether customers or competitors are prevented from (...)

The US State of New York Attorney General files a complaint alleging that the manufacturer of the leading microprocessor violated Section 2 of the Sherman Act by engaging in a pattern of illegal conduct intended to maintain its monopoly power and profits in the market for x86 microprocessors (Intel)
University College London
On November 4, 2009, Andrew Cuomo, the Attorney General of New York (AG), filed a complaint in Delaware District Court alleging that Intel Corporation (Intel) violated Section 2 of the Sherman Act and corresponding state antitrust statutes by engaging in a pattern of illegal conduct intended to (...)

The Japanese FTC challenges "essential" patent licenses (Qualcomm)
Jones Day (Tokyo)
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Jones Day (Tokyo)
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Jones Day (Tokyo)
The Japan Fair Trade Commission ("JFTC") has announced a cease and desist order requiring that Qualcomm Inc. rescind license provisions that required licensees to cross-license their patents to Qualcomm and refrain from asserting their own patents against Qualcomm or Qualcomm licensees. The (...)

The Portuguese Competition Authority adopts landmark decision concerning an abuse of dominant position case in the Internet broadband access markets (PT / ZON)
Luís Silva Morais (Lisbon)
In the beginning of September, 2009, the Portuguese Competition Authority (hereinafter, ’ADC’) has adopted a decision concerning an important case of abuse of dominant position in the wholesale and retail markets for internet broadband access. This decision confirms the special attention that the (...)

The Italian Competition Authority starts proceedings against online search provider for an alleged abuse of dominant position against Italian newspaper and magazines editors (Federazione Italiana Editori Giornali / Google Italy)
Luiss Guido Carli University (Rome)
,
Luiss Guido Carli University (Rome)
On the 26th August 2009 the Italian Competition Authority (the ICA) decided to start a proceedings against GOOGLE Italy (the Italian branch of the GOOGLE Group) for alleged infringement of article 82 of the EU Treaty (abuse of dominant position). The proceedings follows a complaint by the (...)

The Italian Competition Authority investigates alleged abuse of dominance in the market for online advertising (FIEG / Google)
Ashurst (Milan)
Italian Competition Authority investigates Google’s alleged abuse in the market for online advertising* On 26 August 2009, the Italian Competition Authority opened an investigation (see also press release of 27 August 2009) to determine whether Google is abusing its dominant position in online (...)

The Italian Competition Authority starts an investigation against the main IT operator for abuse of dominance on the online collecting advertisement market (Google Italy)
Codacons (Rome)
Google Italy is an Italian company belonging to the US Google Group INC. It is active world-wide and it is the most popular engine search. Among others, Google provides also "Google News" and it gains the majority of its turnover from the collection and intermediation of advertisement on line . (...)

The EU Commission fines a leading computer manufacturer for abuse of its dominant position (Intel)
Van Bael & Bellis (Brussels)
,
Practising Law Institute (New York)
On 21 September 2009, the Commission published the non-confidential version of the Intel decision of 13 May 2009, and a summary of the decision was also published in the Official Journal of 22 September 2009. The materials confirm that the Commission has challenged two specific practices: (i) (...)

The EU Commission fines a US semiconductor chip manufacturer for abuse of a dominant position (Intel)
DG COMP (Brussels)
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DG COMP (Brussels)
,
DG COMP (Brussels)
"Commission finds abuse of dominance in the Intel case"* I. Introduction On 13 May 2009, the European Commission concluded its Intel investigation by way of a formal Decision. The Commission found that Intel had abused its dominant position in x86 Central Processing Units (CPUs) by engaging (...)

The EU Commission publishes a non-confidential version of its decision on abuse of dominance in the x86 CPU market (Intel)
Ashurst (Milan)
Commission publishes non-confidential version of its decision on Intel’s abuse of dominance in the x86 CPU market* On 21 September 2009, the Commission published a non-confidential version of its Intel decision, adopted on 13 May 2009, together with a summary of the key elements of the (...)

The German Federal Court of Justice rules on antitrust defense to infringement of standards-related patents on the market for writeable optical media (Orange-book standard)
Ashurst (Milan)
German Federal Court of Justice rules on antitrust defense to infringement of standards-related patents* On 6 May 2009 the German Federal Court of Justice handed down a landmark judgment (KZR 39/06 – Orange-Book-Standard) concerning the use of the competition law defense regarding compulsory (...)

The French Competition Authority accepts the commitments made by the telecommunications incumbent to address competitions concerns about the marketing of its wholesale broadband offers (Mediaserv / France Télécom)
Autorité de la concurrence (Paris)
Marketing of wholesale broadband offers: France Télécom makes commitments before the Autorité de la concurrence, designed to improve the quality of services provided to third-party operators in France’s overseas départements.* Following a complaint by the company Mediaserv, the Autorité de la (...)

The EU Commission removes the trustee provisions from a 2004 decision (Microsoft)
Van Bael & Bellis (Brussels)
,
Practising Law Institute (New York)
On 4 March 2009, the Commission announced that it had adopted a Decision removing the Trustee provisions from the 2004 Microsoft Decision and repealed the subsequent 2005 Trustee Decision which was adopted on the basis of the 2004 Decision. According to the Commission, it found that the Trustee (...)

The Japanese FTC makes a cease and desist order against a musical copyright company for having excluded management business operators (JASRAC)
Japan Fair Trade Commission (Tokyo)
Cease and Desist Order against Japanese Society for Rights of Authors, Composers and Publishers* The Japan Fair Trade Commission (hereinafter “JFTC”) had investigated Japanese Society for Rights of Authors,Composers and Publishers (hereinafter referred to as “JASRAC”) in accordance with the (...)

The EU Commission confirms sending a new statement of objections against a leading software company (Microsoft)
Van Bael & Bellis (Brussels)
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Practising Law Institute (New York)
The Commission has issued a press release confirming that it has sent a new Statement of Objections to Microsoft on 15th January 2009 which takes the preliminary view that Microsoft has tied its web browser Internet Explorer to Windows in violation of Article 82 EC. According to the (...)

The Korean FTC plans to strengthen enforcement against abuse of intellectual property rights by IT and pharmaceutical companies
Jones Day (Beijing)
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Winston & Strawn (New York)
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Jones Day (Tokyo)
On December 18, 2008, the primary competition law agency of Korea, the Korea Fair Trade Commission (« KFTC »), submitted to the President of Korea the KFTC’s business plan for 2009. Among other priorities, the KFTC stated that it plans to « strengthen enforcement against abuse of intellectual (...)

The Italian Competition Authority accepts the commitments offered in the voice communications and broadband internet access services markets following its investigation into alleged abuse of dominant position (Telecom Italia)
Bonelli Erede (Rome)
By its Decision delivered on 11 December 2008, the Italian Competition Authority (the "ICA") decided to close the proceedings initiated against Telecom Italia ("TI"), by adopting a commitment decision under Art. 14-ter of Law 287/1990 (the Italian Competition Act) which implements the provision (...)

The EU Court of First Instance examines an appeal of a leading computer manufacturer against a Commission’s decision on abuse of dominant position (Intel)
Court of First Instance of Namur
On 22 November 2008, details were published in the Official Journal of the European Union of an appeal brought by Intel to annul decisions of the Hearing Officer and the European Commission. The decisions relate to Article 82 EC proceedings regarding Intel’s alleged conduct in excluding its (...)

EU Court of Justice Advocate General Mazák proposes the setting aside of the CFI’s judgment in an abuse of dominant position case in the telecommunication sector (France Télécom)
Van Bael & Bellis (Brussels)
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Practising Law Institute (New York)
On 25 September 2008, Advocate General Mazák issued his opinion in France Télécom‘s appeal of the judgment of the Court of First Instance (CFI). This judgment upheld a Commission decision which concluded that France Télécom had abused its dominant position on the French market for high-speed Internet (...)

The Japanese FTC issues a cease and desist order against NAP clause preventing licensees from asserting certain intellectual property rights against its holder and customers (Microsoft)
Morrison & Foerster (Tokyo)
On September 16, 2008, Japan Fair Trade Commission (the “JFTC”) issued a ruling against Microsoft Corporation (“MS”) regarding its use of a so-called “NAP” clause in its software licenses. The MS NAP clause prevented licensees from asserting certain intellectual property rights against MS and its (...)

The Japanese FTC orders the remove of Non-Assertion Provision (NAP) from Windows (Microsoft)
Japan Fair Trade Commission (Tokyo)
Hearing Decision against Microsoft Corporation* The Japan Fair Trade Commission (“JFTC”) decided on September 1,2004 to commence hearing procedures against Microsoft Corporation,(hereinafter referred to as “the Respondent”) and subsequently instructed the hearing examiners to go through the (...)

The EU Commission sents a supplementary statement of objections to a leading computer manufacturer (Intel)
Van Bael & Bellis (Brussels)
,
Practising Law Institute (New York)
On 17 July 2008, the Commission confirmed that it sent a supplementary Statement of Objections to Intel. This supplementary SO is said to reinforce the initial SO and also identify the Commission’s preliminary conclusion that Intel has engaged in three additional elements of abusive conduct. (...)

The US Court of Appeals for the DC Circuit sets aside the FTC’s charge of an antitrust violation in the computer memory industry (Rambus)
Skadden, Arps, Slate, Meagher & Flom (Washington DC)
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Skadden, Arps, Slate, Meagher & Flom (New York)
On April 22, 2008, the U.S. Court of Appeals for the District of Columbia Circuit held in Rambus Inc. v. FTC, No. 07-1086, that the FTC failed to prove that Rambus Inc. violated antitrust law when it participated in a trade organization’s setting of industry technology standards without (...)

The US Court of Appeals for the DC Circuit overturns an FTC’s ruling in the computer memory market for failing to prove unlawful monopolization (Rambus)
Akin Gump Strauss Hauer & Feld (Washington)
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Winston & Strawn (New York)
,
Winston & Strawn (New York)
The Court of Appeals for the District of Columbia Circuit has overturned the Federal Trade Commission’s ruling against Rambus, Inc. (“Rambus”), finding that the Commission did not prove that Rambus’s failure to disclose certain intellectual property interests to a standard-setting organization (...)

The EU Commission closes its investigation into an online music distributor with UK price cut (iTunes)
Van Bael & Bellis (Brussels)
On 9 January 2008, the European Commission announced that it has dropped its antitrust investigation into Apple after the US technology company agreed to lower the prices it charges for music downloads from its UK iTunes online music store within six months. This move by Apple will standardize (...)

The Polish Competition Authority fines the largest telecom operator a record fine of € 20 M for abusing its dominant position on the Internet access market (Telekomunikacja Polska)
Allen & Overy (Warsaw)
On 20 December 2007 the President of the Polish Office for Competition and Consumer Protection (OCCP) issued a decision imposing a fine of PLN 75 million (approximately EUR 20 million) on Telekomunikacja Polska S.A. (TPSA), the incumbent telecom operator in Poland, for abusing its dominant (...)

The Turkish Competition Authority rejects a consumer complaint alleging restriction of competition on the market for PC operating systems and application software (Duzgit / HP / Teknosa / Penta)
University of Leeds
On 8 November 2007 the Turkish Competition Board (TCB) rejected a complaint by a consumer alleging the restriction of competition on the Turkish market for PC Operating Systems (OSs) and application software. The complainant had alleged that the consumer’s request to install another OS onto the (...)

The EU Court of First Instance partially upholds the Commission’s decision concerning an abuse of a dominant position in the PC operating system (Microsoft)
DG COMP (Brussels)
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European Commission (Brussels)
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Belgian Competition Authority (Brussels)
"The judgment of the Court of First Instance in the Microsoft case"* I. The 2004 Decision On 24 March 2004, the Commission adopted a decision pursuant to Article 82 EC concluding that Microsoft had abused its dominant position in the PC operating system market by (i) refusing to provide (...)

The EU Court of First Instance, in upholding the Commission’s decision on abuse of dominant position of the PC operating systems, turns back the clock (Microsoft)
Linklaters (London)
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University of Cambridge
Overview In its 2004 decision, the Commission concluded that Microsoft had committed two types of abuse which where both related to the dominant position which it held through Microsoft Windows in the PC operating systems market: first, the Commission held that Microsoft had failed to supply (...)

The Turkish Competition Authority condemns the use of a software database encryption as an abuse of dominance (Bilsa)
University of Sussex (Brighton)
This study focuses on the decision of the Turkish Competition Authority (“TCA”) regarding Bilsa, who was found to have abused its dominant position on the market for school management software by the use of a software database encryption which made the user schools dependent to Bilsa’s products (...)

The Belgian Competition Authority orders an ICT company to disclose proprietary information over its electronic network (CRM / Portima)
European University Institute (Florence)
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Kindred Group (New York)
I. Parties Portima is an ICT company which provides electronic network and software services to insurance companies and brokers. Computer Ressource management (“CRM”) is a rival company which develops secured information exchange softwares for insurance companies and brokers. II. Facts (...)

The Cypriot Competition Authority dismisses a complaint filed by a consumer against the Cyprus Telecommunications Authority for abuse of dominance on the Internet services market (Philippides / CYTA)
Queen Mary University (London)
On 26 June 2006 the Cyprus Commission for the Protection of Competition (C.P.C.) dismissed a complaint filed by Mr. Alexis Philippides, a consumer and client of the Cyprus Telecommunications Authority (CYTA), against the latter for abuse of dominance in the market of Internet connection (...)

The Lithuanian Competition Authority fines the former telecom incumbent for margin squeeze limiting access to ADSL broadband internet access service (Teo)
Lithuanian Competition Authority (Vilnius)
On 5 October 2006 the Lithuanian Competition Council (CC) issued a decision establishing a fine of LTL 3,011,000 (approx. EUR 872,046) on TEO LT, AB (TEO) for the abuse of a dominant position prohibited by Article 9 of the Law on Competition. This was the third time that TEO, a former telecom (...)

The US District Court for the District of Delaware dismisses antitrust claims arising from an allegation of foreign-related conduct that affected the plaintiff’s foreign sales (AMD / Intel)
Sheppard Mullin (San Francisco)
Court dismisses AMD’s “foreign commerce claims” against Intel for lack of subject matter jurisdiction and standing* In a recent opinion, the District Court for the District of Delaware dismissed AMD’s antitrust claims against Intel that arose out of Intel’s alleged foreign-related conduct that (...)

The Hungarian Competition Authority establishes that the telecom incumbent abused its dominant position on the ADSL Internet market (Magyar Telekom)
Hogan Lovells (Budapest)
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Hogan Lovells (Budapest)
In its decision of 5 September 2006 the Hungarian Competition Office established that the practice adopted by Hungarian Telekom for ADSL-modem removal infringed Article 21 (a) of the Hungarian Competition Act - the equivalent provision to Article 82 of the EC Treaty. Hungarian Telekom, which (...)

The French Competition Authority accepts commitments proposed to address competition concerns in the sector of directory assistance via telephone and Internet (France Télécom / PagesJaunes)
Autorité de la concurrence (Paris)
Directory assistance via telephone and Internet: The Conseil de la concurrence accepts commitments proposed by France Télécom andPages Jaunes and decides to close the case.* Following a referral in January 2006 by the company 118 218 Le Numéro, which provides directory assistance services, the (...)

The EU Commission imposes a penalty payment pursuant to Article 24(2) of Regulation 1/2003 (Microsoft)
DG COMP (Brussels)
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DG COMP (Brussels)
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European Parliament (Brussels)
"Commission imposes a penalty payment pursuant to Article 24(2) of Regulation 1/2003 on Microsoft"* 1. Introduction On 12 July 2006 the Commission adopted a decision to levy a penalty payment of EUR 280.5 million on Microsoft for continued non compliance with the Commission Decision of 24 (...)

The Court of First Instance of The Hague dismisses a complaint for abusive access tariff on the broadband Internet access (Educatief Net - Easynet / KPN Telecom)
European Commission - DG HR (Brussels)
Nl.tree was established by nine cable operators, in order to supply, following an agreement concluded with the Dutch Ministry of Education, internet access and related services, known as “Kennisnet”, to primary schools, secondary schools and vocational and adult learning institutions. Broadband (...)

The Slovak Competition Authority fines telecommunications company for margin squeezing in virtual private network market (Slovak Telecom)
Norton Rose Fulbright (London)
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SauterRentsch (Prague)
Slovak Telecom (“ST”) was fined SKK 80,000,000 for margin squeezing in the Virtual Private Network services (VPN) market due to its dominant position in the upstream leased private lines market in which it had no competitors. The decision was based on ST’s practice in one particular tender for VPN (...)

The Estonian Competition Authority clears a merger in phase II in the markets of wholesale broadband access and retail broadband access with divestiture remedies (Elion/MicroLink)
Jones Day (Brussels)
The operation By a decision dated 21 October 2005, the ECA authorised in phase II the acquisition by Estonian company Elion (an indirect subsidiary of Swedish-Finnish telecommunications company TeliaSonera) of Estonian ICT company MicroLink (para. 1). The market(s) The relevant markets were (...)

The Cypriot Competition Authority imposes a fine for price squeezing and excessive pricing on the Internet services market (CYTA)
Queen Mary University (London)
On 30 May 2005 the Cypriot Commission for the Protection of Competition (hereinafter C.P.C.) ended its own initiative investigation of the Cyprus Telecommunications Authority (hereinafter CYTA) by unanimously finding CYTA liable for abuse of its dominant position in the market for the provision (...)

The Japanese FTC issues its recommendations against a processor manufacturer for having implemented potentially anticompetitive conditional rebates (Intel)
Japan Fair Trade Commission (Tokyo)
The JFTC rendered a recommendation to Intel K.K.* The Japan Fair Trade Commission (JFTC), March 8, 2005, rendered a recommendation to a Japan-based company, Intel Kabushiki Kaisha (IJKK), a whollyowned subsidiary of Intel International (a wholly-owned subsidiary of Intel Corporation, Santa (...)

The Norwegian Competition Authority accepts a merger in the broadband telecommunications sector, subject to the divestment of a business unit (Telenor / Tiscali)
Bull Årstad (Stavanger)
The operation Telenor Telecom Solutions AS (Telenor) acquired the entire share capital of in Tiscali AS on 23 August 2004. Telenor Telecom Solutions AS and Tiscali AS provide broadband services in Norway. The market(s) concerned by remedy(ies) The relevant markets defined by the Norwegian (...)

The Japanese FTC recommends a processor manufacturer to eliminate exclusivity conditions imposed on five Japanese PC manufacturers for receiving price rebates and advertising subsidies (Intel)
Morrison & Foerster (Tokyo)
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Tokyo University of Science
On March 8, 2005, the Fair Trade Commission of Japan ("JFTC") challenged certain rebate and marketing programs of Intel Corp.’s Japanese subsidiary, Intel K.K., and recommended in a proposed order that Intel eliminate certain exclusivity conditions imposed on five Japanese PC manufacturers (...)

The EU Court of First Instance rejects US software company’s request for interim measures (Microsoft)
DG COMP (Brussels)
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DG COMP (Brussels)
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DG COMP (Brussels)
"The Court of First Instance rejects Microsoft’s request for interim measures concerning the Commission’s decision of 24 March 2004"* 1. The decision On March 24 2004, the Commission adopted a decision in Case COMP/C-3/37.792 — Microsoft — by which it concluded that Microsoft had abused its (...)

The French Competition Authority dismisses a complaint regarding alleged anticompetitive practices in the sectors for Internet music downloads and digital walkmans (Apple Computer France)
Autorité de la concurrence (Paris)
Internet music downloads - The Conseil dismisses VirginMega’s complaint against Apple, due to insufficient evidence in view of the case elements available.* On 28th June 2004, the Conseil de la concurrence received a complaint from the company VirginMega regarding practices by the company Apple (...)

The French Competition Authority rejects a request for interim measures submitted to address alleged competition concerns in the sector for on-line travel deals (Lastminute.com)
Autorité de la concurrence (Paris)
Press Release published on the official website of the French Competition Authority. On-line travel deals - The Conseil de la concurrence rejects a request for interim measures submitted by the company Lastminute.com, but pursues the investigation of the case on the merits.* On 25th June (...)

The Japanese FTC issues its recommendations on Non-Assertion Provision (NAP) provisions in software license agreements (Microsoft)
Japan Fair Trade Commission (Tokyo)
The JFTC renders a Recommendation to Microsoft Corporation* The Japan Fair Trade Commission (hereinafter “JFTC”), upon conducting an investigation into Microsoft Corporation (hereinafter “Microsoft”), found that Microsoft is conducting “Dealing on Restrictive Terms” and issued a recommendation to (...)

The EU Commission adopts a decision in a case concerning the abuse of a dominant position by a leading US provider in the PC operating systems (Microsoft)
French Competition Authority (Paris)
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DG COMP (Brussels)
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Ocean Breeze GmbH & Co (Bremen)
"Commission adopts Decision in the Microsoft case"* 1. Introduction On March 24 2004, the Commission concluded its Microsoft investigation by way of a formal Decision. This brought to an end proceedings which had lasted just over five years. The Commission found that Microsoft had abused its (...)

The EU Commission condemns leading US software company for abuse of a dominant position in the market for client PC operating systems, ordering to grant compulsory license to competitor (Microsoft / Sun Microsystems)
White & Case (Brussels)
This article analyses the three major recent cases dealing with the boundary between EC competition law and intellectual property rights: the Commission’s interim measures decision in the IMS case, the European Court of Justice’s later judgment in IMS and, finally, the Commission’s decision in the (...)

The EU Commission adopts a decision under Article 82 against French internet provider’s pricing policy for ADSL services (Wanadoo)
Sheppard, Mullin, Richter & Hampton (Brussels)
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KPMG (Paris)
"Two Commission decisions on price abuse in the telecommunications sector"* During the first half of the year 2003, the Commission adopted two formal prohibition decisions pursuant to Article 82 EC-Treaty regarding abusive pricing for the provision of telecommunications services. Those are the (...)

The French Competition Authority ends ban on ADSL packs provided by telecom incumbent (Wanadoo eXtense)
Autorité de la concurrence (Paris)
High-speed ADSL Internet access : the Conseil de la concurrence lifts the suspension on sales of Wanadoo "eXtense" packs in France Télécom outlets* In a decision dated 19th July 2002, the Conseil lifted the suspension of sales of Wanadoo "eXtense" packs in France Télécom outlets. This decision (...)

The EU Commission closes probe into computers manufacturer’s licensing terms for speech recognition engines (IBM)
DG COMP (Brussels)
"Commission closes probe into IBM’s licensing terms for speech recognition engines"* In June 2002, the European Commission decided to close an investigation triggered by a complaint from UK voice recognition software company, AllVoice Computing plc, against IBM Corp., after the latter agreed to (...)

The German Competition Authority conditionally clears an acquisition on the market for paid content (T-Online / Bild.de)
German Competition Authority (Bonn)
Bundeskartellamt clears T-Online participation in Bild.de subject to specific conditions* The Bundeskartellamt has cleared T-Online International AG’s acquisition of a 37 per cent share in Bild.de after the companies concerned had clarified with legally binding effect a number of preconditions (...)

The French Competition Authority grants interim measures in the ADSL line sector (France Télécom)
Autorité de la concurrence (Paris)
High-speed Internet access via ADSL : the Conseil de la concurrence orders France Télécom to suspend sales of eXtense packs in its outlets* Following a referral by the company T-Online, an Internet service provider operating under the brand name Club Internet, the Conseil de la concurrence (...)

The EU Commission approves a merger between French and Canadian companies in the broadcasting industry (Vivendi / Canal Plus / Seagram)
European External Action Service (Brussels)
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Financial Conduct Authority (London)
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DG COMP (Brussels)
"Merger Control: main developments between 1st September 2000 and 31st December 2000"* In October, the Commission approved the acquisition by French telecommunications and media company Vivendi and its subsidiary Canal+ of Canada’s Seagram. The transaction significantly affected three markets, (...)

The OECD holds roundtable on competition issues in electronic commerce
OECD - Competition Division (Paris)
Executive summary, by the Secretariat Electronic commerce ("e-commerce") can be defined as business occurring over networks using non-proprietary protocols established through an open standard setting process. Internet mediated e- commerce is the fastest growing part of the phenomenon and was (...)

The EU Commission prohibits a merger between two US telecommunications companies (MCI WorldCom / Sprint)
European External Action Service (Brussels)
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Financial Conduct Authority (London)
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DG COMP (Brussels)
"Merger Control: main developments between 1st May 2000 and 31st August 2000"* The Commission decided to prohibit the merger between US telecommunications firms MCI WorldCom Inc and Sprint Corp as it would have resulted in the creation of a dominant position in the market for top-level (...)

The UK High Court opts for targeted disclosure in private stand-alone claim against web search engine provider (Foundem / Google)
Manchester University
Background On 30 November 2010, the EU Commission (the “Commission”) announced that it had opened an investigation into allegations that Google has abused its dominant position, contrary to Article 102 TFEU, following multiple complaints. On 21 May 2012, the Commission published its preliminary (...)

The EU Ombudsman criticises an investigation of the Commission (Intel)
Court of First Instance of Namur
In a decision dated 18 November 2009, the European Ombudsman found that the Commission had committed an act of maladministration in its investigation of Intel’s alleged breach of Article 82 EC. In May 2009, the Commission imposed a fine of € 1.06 billion on Intel for abusing its dominant (...)

The EU Commission launches a sector inquiry into the sale of sports rights to Internet and 3G mobile operators
Institut National de la Propriété Industrielle (Courbevoie)
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Hellenic Competition Authority (Athens)
"Using the instrument of sector-wide inquiries: inquiry into content for 3G services"* 1. The importance of a proactive approach in the antitrust field, especially regarding emerging markets DG Competition has launched a comprehensive rethinking of the use of its instruments. This has been (...)

Procedures

The UK High Court issues guidance on the balancing of conflicting interest in a case involving the protection of a big tech’s confidential and technical information concerning its search algorithms (Foundem / Google)
Hausfeld (London)
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Hausfeld (London)
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Hausfeld (London)
Introduction There is an emerging trend in competition damages cases in England for the majority of documents to be disclosed into so-called “confidentiality rings.” These restrictive confidentiality procedures can result, in certain instances, in the parties themselves being precluded from (...)

The Higher Regional Court of Düsseldorf suspends the decision of the German Competition Authority which prevented data gathering practices from a social network company (Facebook)
Ashurst (Frankfurt)
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Ashurst (London)
On 26 August 2019, the Higher Regional Court in Düsseldorf suspended the German Federal Cartel Office’s (’FCO’ or Bundeskartellamt) decision to prevent Facebook from combining user data from various sources such as Facebook, Instagram, WhatsApp and unrelated sites that use Facebook analytics and (...)

The Higher Regional Court of Düsseldorf orders suspensive effect of an appeal against FCO decision concerning a social network company (Facebook)
Van Bael & Bellis (Brussels)
On 26 August 2019, the Higher Regional Court of Düsseldorf (the “Court”) granted Facebook’s request for an injunction against the immediate application of measures imposed by the German Federal Cartel Office (the “FCO”) arising from the FCO’s finding in February 2019 that Facebook abused its dominant (...)

The Higher Regional Court of Düsseldorf suspends an order of the German Competition Authority on an alleged abuse of dominance in the social networks (Facebook)
Baker Botts (London)
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Baker Botts (Washington)
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Baker Botts (Brussels)
On 26 August 2019, a German appeal court suspended an order of the German competition authority (the “FCO”) which had found that Facebook’s data processing practices in Germany constituted an abuse of dominance in breach of German antitrust rules (the “decision”). Expressing serious doubts as to the (...)

The Higher Regional Court of Düsseldorf grants a social network company the suspensive effect to an appeal in an interim decision (Facebook)
Cleary Gottlieb Steen & Hamilton (Brussels)
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Cleary Gottlieb Steen & Hamilton (Frankfurt)
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Cleary Gottlieb Steen & Hamilton (Cologne)
In February of this year the German antitrust agency, the Federal Cartel Office, issued a decision against Facebook regarding their handling of user data. Facebook appealed and on August 26, 2019, the Düsseldorf Court of Appeal in an interim decision granted suspensive effect to Facebook’s (...)

The EU General Court dismisses appeal against Commission’s request for information (Qualcomm)
Court of First Instance of Namur
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 (...)

The EU Court of Justice rules on the applicability of contractual jurisdiction clauses in the context of abuse of a dominant position, ruling that some competition law violations are more contract related than others (Apple / MJA)
Liège University
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Liège University
With its judgment the European Court of Justice (‘ECJ’) confirms its previous case law indicating that the criterium to determine whether a competition law violation is covered by a contractual jurisdiction clause is the existence of a ‘contractual link’, adding that this is the case even when such (...)

The Indian Competition Commission penalises an investigated company for non-disclosure of information (Google)
Centre for Internet and Society (Bangalore)
CCI penalises Google for non-disclosure of information; fines it one crore rupees* Earlier in March, Google was fined one crore rupees by the Competition Commission of India (CCI) for not cooperating with the Director General’s (DG’s) investigations into its operations. The DG had served seven (...)

The Chinese State Council publishes policies on further encouraging the development of the software and integrated circuit industries
University of Melbourne
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China Competition Bulletin (Beijing)
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Institute of American Studies (Beijing)
State Council: Several Policies on Further Encouraging the Development of the Software and Integrated Circuit Industries* The State Council promulgated the Several Policies on Further Encouraging the Development of the Software and Integrated Circuit Industries (the Policies) on 28 January (...)

Regulatory

The French Competition Authority publishes a paper on how merger control and anticompetitive practices concepts should be adapted to the digital sector
Bird & Bird (Paris)
As part of its discussions at international level on the reform of competition law, the French Competition Authority (“FCA”) recently published a paper providing food for thought on how merger control and anticompetitive practices concepts should be adapted to the digital sector. Regarding (...)

The Italian Competition Authority, Communications Authority, and Data Protection Authority publish the findings of a joint sector inquiry into the field of big data
Portolano Cavallo (Milan)
On February 10, 2020 the Italian Authorities for Communications, Competition and Data Protection published the findings of a joint sector inquiry into the field of Big Data (“Investigation”), which lasted almost three years. It was launched on May 30, 2017 to study the functioning and impact of (...)

The German Ministry for Economic Affairs and Energy publishes the draft bill on the 10th amendment to the German Act against restraints of competition
Morgan Lewis (Frankfurt)
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Morgan Lewis (Frankfurt)
The German Ministry for Economic Affairs and Energy has published the draft bill on the 10th amendment to the German Act against Restraints of Competition, which includes a proposal for the revision of abuse control in Germany. Such revision would be of high relevance for undertakings in the (...)

The German Federal Ministry for Economic Affairs and Energy issues an update on the reform of German competition law
Court of First Instance of Namur
On 24 January 2020, the German Federal Ministry for Economic Affairs and Energy published an update of its draft 10th amendment to the Act against Restraints of Competition (the “ARC”), officially called the “ARC Digitization Act”. Compared to the initial draft (see VBB on Competition Law, Volume (...)

The Indian Competition Authority publishes a market study on e-commerce platforms
Trilegal (Mumbai)
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Trilegal (Bengalore)
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Trilegal (Mumbai)
The growth of e-commerce and online marketplaces has had a significant impact on businesses and consumer behaviour. Competition authorities worldwide are increasingly focused on assessing competition concerns on online platforms, including United Kingdom (UK), Australia, the European Commission (...)

The Indian Competition Authority releases a market study on e-commerce
National Law University (Punjab)
Introduction In April 2019, the Competition Commission of India (“Commission”) had announced a market study into the functioning of ‘E-Commerce’ in India. The focus area of the study was to gather information relating to “trends, practices and issues” which are relevant to the fair and competitive (...)

The Indian Competition Authority publishes a report on its market study on e-Commerce in India and focuses on the three broad categories of e-commerce in consumer goods, accommodation services, and food services
Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (Mumbai)
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Shardul Amarchand Mangaldas (New Delhi)
The CCI published a report on its Market Study on E-Commerce in India. The Study focused on the three broad categories of e-commerce in consumer goods, accommodation services and food services. After giving an overview of trends in and features of e-commerce, the CCI identified and discussed (...)

The Belgian, Dutch and Luxembourg Competition Authorities advocate for an easier competition law enforcement in the digital world
Court of First Instance of Namur
On 2 October 2019, the Belgian, Dutch and Luxembourg competition authorities took the unusual step of adopting a joint memorandum on the role of the competition authorities in a digital world. This joint memorandum discusses merger control issues, the need for guidance in fast-moving digital (...)

The German Competition Authority publishes an annual report 2018 and a biannual activity report 2017/2018
Court of First Instance of Namur
On 27 June 2019, the German Federal Cartel Office (“FCO”) published its annual report 2018 and biannual activity report 2017/2018. The reports include statistics on the total amounts of fines, leniency applications and merger pro-ceedings, describe the FCO’s policies and the key cases which the (...)

The EU Commission publishes a report on competition policy for the digital era
Norton Rose Fulbright (Brussels)
“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 (...)

The EU Commission publishes a report on competition policy for the digital era
Simmons & Simmons (London)
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Simmons & Simmons (London)
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Simmons & Simmons (London)
On 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 (...)

The French Competition Authority takes into account the emergence of online video platforms in its opinion on the audiovisual sector
Autorité de la concurrence (Paris)
Audiovisual sector* In the context of the reform of the audiovisual sector, the Committee on Cultural Affairs and Education of the French National Assembly (Assemblée nationale) referred this matter to the Autorité de la concurrence, which today delivers its opinion. In the face of the digital (...)

The OECD holds a roundtable on e-commerce
OECD - Competition Division (Paris)
1. Introduction 1. E-commerce – broadly, buying and selling online – is a global phenomenon and an important expanding distribution mechanism across the OECD. During the last decade, e-commerce activities have been growing both in the demand and supply side, as seen by the increasing number of (...)

The OECD holds a roundtable on blockchain technology and competition policy
OECD - Competition Division (Paris)
1. Introduction 1. Blockchain is a general-purpose technology that threatens to disrupt markets and institutions across the world. Where the internet enabled the publishing and digital transfer of information, blockchain authenticates the ownership of assets, makes them unique, traceable, and (...)

The OECD holds roundtable on dig data
OECD - Competition Division (Paris)
Executive summary, by the Secretariat * The 126th meeting of the Competition Committee held a Hearing on 29 November 2016 to discuss Big Data and the challenges of adapting competition policy to the digital economy. Considering the background note prepared by the OECD Secretariat with the (...)