Résultats de la recherche

13 Jan 2020

The Indian Competition Authority directs an investigation into allegations of anti-competitive agreements between e-commerce marketplaces (Amazon & Flipkart)

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

The Competition Commission of India (CCI) has directed an investigation into allegations of anti-competitive agreements between e-commerce marketplaces Amazon and Flipkart, on the one hand, and sellers on these marketplaces, on the other. A Delhi based traders’ body alleged that Amazon and (...)

13 Jan 2020

The German Competition Authority imposes fines totalling €154.6 million on plant protection product suppliers for agreeing on price lists, rebates and retail prices (Agravis / Agro Agrargroßhandel / BayWa / BSL Betriebsmittel Service Logistik / Getreide / Raiffeisen Waren / ZG Raiffeisen)

Andrzej Kmiecik • February 2020

On 13 January 2020, the German Federal Cartel Office (FCO) imposed fines totalling € 154.6 million on seven undertakings for agreeing on price lists, rebates and retail prices for plant protection products between 1998 and 2015. Fines were also imposed on employees implicated in the infringing (...)

21 Nov 2019

Dominance in the pharmaceutical sector: An overview of EU and national case law

Marion Provost, Mélanie Thill-Tayara • Pharma & Dominance

The pharmaceutical sector stands out as being regularly under the scrutiny of competition authorities throughout Europe and has continued to be a key enforcement priority over the past 18 months, with notable developments in pay-for-delay and excessive pricing cases, as well as on market (...)

3 Oct 2019

Unilateral conduct in the energy sector: An overview of EU and national case law

John Ratliff • Energy & Dominance

This chapter provides an overview of the practice of the European Commission (“EC”) and European national competition authorities (“NCAs”) as regards the application of competition rules to unilateral conduct in the energy sector. It is based mainly on cases reported in e-Competitions (abbreviated (...)

18 Sep 2019

The Danish Competition Appeals Tribunal confirms that a company abuses its dominance by using conditional rebates and exclusivity provisions in the payment card sector (Teller)

Danish Competition Authority • September 2019

The Danish Competition Appeals Tribunal confirms that Teller (now Nets) abused its dominant position by using rebates conditional on exclusivity and exclusivity provisions* The Danish Competition Appeals Tribunal (DCAT) confirmed the 18th of September 2019 the ruling by the Danish Competition (...)

3 Sep 2019

The Indian Supreme Court flips its jurisprudence on abuse of dominance in a case involving radios taxis alleged of predatory pricing (Uber)

Kavita Jitani • September 2019

On September 3, 2019 The Supreme Court of India vide its judgement in Uber India Systems Pvt. Ltd. (Uber) v. Competition Commission of India (CCI) appears to have flipped the jurisprudence on abuse of dominance under the Indian Competition Act, 2002 (the “Act”) by requiring the assessment of the (...)

3 Sep 2019

The Indian Supreme Court dismisses an appeal against an investigation into an allegations of abuse of dominance (Uber)

Basu Chandola • September 2019

SUPREME COURT OF INDIA UPHOLDS INVESTIGATION AGAINST UBER* The Hon’ble Supreme Court of India has dismissed an appeal[Uber India Systems Pvt. Ltd v Competition Commission of India, Civil Appeal No. 641 of 2017] filed by Uber India Systems Pvt. Ltd. (‘Uber’) against an order of the erstwhile (...)

3 Sep 2019

The Indian Supreme Court requests Director General of the CCI (DG) to continue the investigation allegations relating to abuse of dominance (Uber / NCR)

Pallavi Shroff, John Handoll, Naval Satarawala Chopra, Shweta Shroff Chopra, Harman Singh Sandhu, Manika Brar, Aparna Mehra, Gauri Chhabra, Yaman Verma, Rohan Arora • September 2019

Deciding on an appeal from the National Company Law Appellate Tribunal (NCLAT), the Supreme Court requested the Director General, CCI (DG) to continue investigating allegations relating to abuse of dominance by Uber in the National Capital Region (NCR). [1] In considering whether the (...)

26 Jun 2019

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)

European Commission • June 2019

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 (...)

10 May 2019

The Brussels Court of Appeal asks the EU Commission to provide advice and information regarding the tariffs for concerts and music festivals of a copyright collecting society (SABAM)

Koen Platteau, Mathieu Vancaillie • May 2019

On 10 May 2019, by interim judgment, the Brussels Court of Appeal asked the European Commission to provide advice and information regarding the tariffs for concerts and music festivals of SABAM – the Belgian copyright collecting society – in light of the prohibition to abuse a dominant position (...)

2 May 2019

Price Abuses: An overview of EU and national case law

Sean Ennis • Price abuses

Allegations of pricing abuses have tested the boundaries of competition law for more than a century and remain an important activity for many competition authorities and courts. While pricing abuses constituted key parts of some early antitrust case, many commentators have urged that they are (...)

1 May 2019

Conditional pricing and the AEC test: A happy marriage or an awkward couple?

Lucas Peeperkorn • N° 2-2019 • pp. 40-53

In this article the question is investigated whether and when conditional pricing and the AEC test form a happy couple. In situations where rebates are used to dampen competition between incumbents or as an exploitative device, applying the AEC test does not make sense. However, in cases where (...)

25 Apr 2019

The French Competition Authority dismisses a case in which a company denounced the discount and matching practices implemented by its rival in the market of television advertising (M6 / TF1)

French Competition Authority • April 2019

Television advertising* Following the referral of M6 regarding practices of TF1 Publicité, the Autorité de la concurrence dismisses the case. The complaint of M6 regarding TF1 Publicité In its referral, M6 denounced the discount and matching practices implemented by TF1 Publicité in the (...)

18 Apr 2019

Discrimination and Rebates: An overview of EU and national case law

Maria Maher, Lorenzo Vasselli • Rebates

Rebates are a common commercial practice in business and can have efficiency enhancing effects, leading to lower overall prices for customers and consumers. In addition, they might be used to stimulate downstream competition. However, rebates also have the potential to exclude rivals from a (...)

4 Apr 2019

As Efficient Competitor Test: An overview of EU and national case law

Peter Davis • As Efficient Competitor test

Determining the appropriate standards to apply in Article 102 cases involving allegedly exclusionary conduct by a dominant firm continues to provide substantial room for debate between and within the legal and economic communities. However, the nature of the debate has progressed substantially (...)

14 Mar 2019

The UK Competition Authority closes its investigation into an allegedly abusive discount scheme in the pharmaceutical sector (Remicade)

James Killick, Assimakis Komninos, Strati Sakellariou-Witt, Axel P. Schulz • March 2019

The CMA Remicade decision: discount schemes and abuse of dominance – effects matter!* Summary On 14 March 2019, the UK Competition and Markets Authority (CMA) decided to close its investigation into a discount scheme by Merck Sharp & Dohme Limited (MSD). The CMA concluded that there were (...)

18 Oct 2018

Antitrust in the pharmaceutical sector: An overview of US case law

Michael A. Carrier • US Pharmaceutical sector

The issues presented by pharmaceutical antitrust law are vital to national economies and patients’ lives. They implicate patent law, antitrust law, and various regulations. They occur in unique markets in which the entity prescribing the drug is not the one paying for it. And they rely on (...)

27 Aug 2018

The Turkish Competition Authority finds the bundled sales of a telecommunication company not to be anti-competitive (TTNET)

Barış Yüksel, Fırat Eğrilmez, Özlem Başıböyük • August 2018

Turkish Competition Authority to Shape the Future of Multi-Play Services in Telecommunication Industry [TTNET] INTRODUCTION On 21 December 2018, Turkish Competition Authority (“TCA”) published its decision regarding the investigation conducted against TTNET A.Ş. (“TTNET”), the leading internet (...)

12 Jul 2018

Unilateral conduct in the energy sector: An overview of EU and national case law

John Ratliff, Roberto Grasso • Energy & Dominance

This chapter provides an overview of the practice of the European Commission and European national competition authorities as regards unilateral conduct in the energy sector. It is based mainly on cases reported in e-Competitions. There are more than 120 cases covered, including national court (...)

12 Jun 2018

The Turkish Competition Board rejects exclusivity allegations against a packaged chips producer (Frito Lay)

Esra Uçtu, Gönenç Gürkaynak • June 2018

This case note analyses the Turkish Competition Board’s (“Board”) Frito Lay decision, dated 12.06.2018 and numbered 18-19/329-163. The Board has recently published its reasoned decision regarding the preliminary investigation that was launched against Frito Lay Gıda San. Tic. A.Ş. (“Frito Lay”) (...)

31 May 2018

The Italian Regional Administrative Court of Lazio upholds fine for abuse of dominance in the ice-cream market through rebates and exclusivity clauses (Unilever / Distribuzione Gelati)

Andrea Usai • May 2018

The AGCM fined Unilever Italia Mkt Operations Srl (“Unilever”), which belongs to the Unilever Group and is active in the production and distribution of ice cream, food and home and personal care products, EUR 60.669 million for infringing Article 102 TFEU by putting in place exclusivity clauses (...)

17 May 2018

Dominance in the telecom sector

Fayrouze Masmi-Dazi • Telecom & Dominance

Over the last three years, there have been three landmark cases of dominance in the telecom sector in the EU targeting practices undertaken by telecom equipment suppliers: the Huawei/ZTE CJEU judgment in 2015, plus the Intel and Qualcomm decisions sanctioning exclusionary rebates. Given the (...)

16 May 2018

The Indian Competition Authority opens investigation into abuse of dominance by a diversified textiles manufacturer in the market for Viscose Staple Fibre (Grasim Industries)

Man Mohan Sharma • May 2018

CCI directs investigation against Grasim Industries Ltd. (‘Grasim’) for abuse of dominant position* The CCI vide an order dated May 16, 2018 directed investigation against Grasim for abusing its dominant position in the relevant market for the sale of Viscose Staple Fibre in India. The (...)

8 Feb 2018

The US District Court for the Central District of California hears private enforcement actions alleging price discrimination by an energy drink manufacturer (Living Essentials)

Steven J. Cernak • February 2018

ROBINSON-PATMAN SUITS AGAINST 5-HOUR ENERGY MAKER PROVIDE LESSONS FOR OTHER SUPPLIERS* Living Essentials LLC, the maker of 5-hour Energy drinks, has faced two recent suits in California federal courts alleging violations of Robinson-Patman’s prohibitions on price and promotional discrimination. (...)

1 Feb 2018

Intel: The long awaited ECJ ruling

Cristina Caffarra, Damien Neven, David Sevy, Laurence Idot, Marixenia Davilla, Miguel Rato, Paul Lugard • N° 1-2018 • pp. 14-41

It was questionable whether this important judgment would close the debate on the interpretation of Article 102 TFEU. Will it put an end to the controversial and even polemical topics related to the interpretation of Article 102 TFEU and in particular to the debate on the effects-based (...)

1 Feb 2018

Vertical restraints and e-commerce

Georgios Petropoulos • N° 1-2018

In this paper, I present how e-commerce has affected market strategies and competition in European markets and I analyze the economic and legal aspects of vertical restraints that are commonly applied in online markets. By combining available empirical evidence with theories of harm and by (...)

24 Jan 2018

The EU Commission fines a company for abuse of dominance on the market for baseband chipsets for smartphones and tablets (Qualcomm)

Tim Kasten • January 2018

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 (...)

24 Jan 2018

The EU Commission fines a manufacturer of baseband chipsets for abusing its dominant position by using loyalty rebates (Qualcomm)

Philip Bentley, Jacques Buhart, Mai Muto • January 2018

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 (...)

24 Jan 2018

The EU Commission fines a baseband chipset manufacturer for abusing its dominant position (Qualcomm)

Marco D’Ostuni, Marianna Meriani • January 2018

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 position to become Apple’s sole supplier of long term evolution (“LTE“) baseband chipsets. The abuse was allegedly committed through (...)

23 Jan 2018

The German Supreme Court issues landmark ruling on unfair trading practices (EDEKA)

Carsten Gromotke, Jurgen Beninca, Philipp Werner • January 2018

The Situation: Market-dominant and powerful companies in Germany are subject to a number of rules that are significantly broader and stricter than the European Union’s, Article 102 AEUV, which prohibits the abuse of a dominant position. The Development: A recent decision by the German Supreme (...)

23 Jan 2018

The German Federal Court of Justice issues a landmark decision addressing the issue of “Wedding Rebates” demanded by undertakings with relative market power (EDEKA)

Florian Becker • January 2018

The German Federal Court of Justice (BGH) had to assess the outcome of price negotiations between a powerful German food retailer (Edeka) and some of its suppliers. Edeka had just taken over a no-frills competitor (“Plus”) with more than 2000 outlets and was in the process of rebranding these (...)

21 Dec 2017

The U.S. District Court of California uses an economic approach to determine frand loyalty rates (TCL / Ericsson)

Fei Deng, Mario Lopez • December 2017

On November 8, 2017, Judge James Selna of the US District Court in the Central District of California issued a decision (published later on December 21st) in TCL v. Ericsson determining fair, reasonable, and non-discriminatory (FRAND) royalty rates for Ericsson’s standard essential patent (SEP) (...)

21 Dec 2017

The U.S. District Court sets out FRAND rates for licensing standard essential patents for 2G, 3G and 4G wireless communications (TCL / Ericsson)

Maurits Dolmans, David R. Little, David Herrington • December 2017

On December 21, 2017, the District Court for the Central District of California issued TCL v. Ericsson, resolving a long-standing dispute between the parties concerning worldwide licenses to 2G, 3G, and 4G standard essential patents (SEPs) owned by Ericsson. The court determined that none of (...)

31 Oct 2017

The Italian Competition Authority fines a company for abuse of dominance in the single-wrapped ice cream market through rebates (Unilever / Distribuzione Gelati)

Carlotta Ienca • October 2017

On 6 December 2017, the Italian Competition Authority (“ICA”, “Autorità Garante della Concorrenza e del Mercato”, “AGCM”) sanctioned Unilever Italia Mkt. Operations S.r.l. (“Unilever”) for an abuse of dominant position in the Italian ice cream sector in breach of Article 102 TFUE. After a two-years (...)

31 Oct 2017

Buyer Power in EU Competition Law Part IV. Exerting Buyer Power. Exclusion and Exploitation
Chapter 6. Exclusionary Buyer Power

Ignacio Herrera Anchustegui

PART IV EXERTING BUYER POWER. EXCLUSION AND EXPLOITATION I. Herrera Anchustegui — Buyer Power in EU Competition Law 2076 EXCLUSIONARY BUYER POWER I. Introduction to Part IV and buyer power exclusion This Part IV constitutes the core of this study as it deals with the conducts and theories of (...)

31 Oct 2017

Buyer Power in EU Competition Law Chapter 10. Limiting Buyer Power

Ignacio Herrera Anchustegui

I. Herrera Anchustegui — Buyer Power in EU Competition Law 513 LIMITING BUYER POWER I. Introduction Buyer power may be limited by undertakings, either acting individually, coordinated or even through the intervention of the state of its organs, when the behaviour of these entities seeks to (...)

6 oct. 2017

Arrêt Intel : Une redéfinition de l’abus de position dominante ?

David Sevy, Etienne Pfister, Sylvain Justier, Theofanis Christoforou

Séminaire Droit et Économie organisé par la Revue Concurrences en partenariat avec Magenta et Compass Lexecon.

28 Sep 2017

Intel : The long awaited ECJ ruling

Cristina Caffarra, Miguel Rato, Nicolas Petit, Richard Whish, Theofanis Christoforou

Law & Economics Workshop organized by Concurrences Review in partnership with Quinn Emanuel Urquhart & Sullivan and CRA.

6 Sep 2017

The EU Court of justice revisits forty years of case law on when a dominant company’s rebate scheme may be abusive (Intel)

Bill Batchelor, Keith Jones • September 2017

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 (...)

6 Sep 2017

The EU Court of Justice annuls a General Court ruling that upheld the fine imposed by the Commission for an abuse of dominance (Intel)

Alexandre G. Verheyden, Bernard Amory, Jurgen Beninca, Laurent de Muyter • September 2017

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, (...)

6 Sep 2017

The EU Court of Justice endorses an effects-based assessment of rebates (Intel)

Assimakis Komninos, Jacquelyn F. MacLennan, James Killick, Jan Jeram, Jérémie Jourdan, Strati Sakellariou-Witt • September 2017

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 consider rebates, and in particular loyalty rebates, as per se illegal. Rather, the Commission needs to show that a specific rebates (...)

6 Sep 2017

The EU Court of Justice issues landmark judgment on legal treatment of fidelity rebates granted by dominant companies (Intel)

Tim Kasten • September 2017

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 (...)

6 Sep 2017

The EU Court of Justice modernizes abuse of dominance (Intel)

François-Charles Laprévote, Maurits Dolmans, Thomas Graf • September 2017

(“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 (...)

6 Sep 2017

The EU Court of Justice renders its judgment in a case regarding loyalty rebates granted by dominant companies (Intel)

Paul Lugard • September 2017

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 (...)

6 Sep 2017

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 rule of reason (Intel)

Damien Neven, Jorge Padilla • September 2017

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 (...)

6 Sep 2017

The EU Court of Justice orders new assessment in a case of abuse of dominant position by a semi-conductor company granting loyalty rebates (Intel)

Alec J. Burnside, Anne MacGregor, Mélanie Thill-Tayara, Romain Maulin • September 2017

EU Court Orders New Assessment of Intel’s Rebates The Court of Justice of the European Union (CJEU) has quashed a ruling by the EU’s General Court which had upheld the European Commission’s (EC) 2009 finding of abuse of dominance by Intel Corporation Inc. Intel was fined €1.06 billion, a record at (...)

6 Sep 2017

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)

Frederic Depoortere, Giorgio Motta, Ingrid Vandenborre, Simon Baxter • September 2017

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 (...)

11 Aug 2017

The Turkish Competition Authority decides that a worldwide manufacturer of luxury sunglasses abused its dominant position by granting rebates and resorting to other exclusionary practices (Luxottica)

Ahmet Fatih Ozkan • August 2017

This case note analyses the decision of the Turkish Competition Authority (TCA) in which it has decided that the worldwide manufacturer of luxury sunglasses, Luxottica, abused its dominant position it held in the market for the wholesale of branded sunglasses by its rebate schemes which include (...)

1 May 2017

U.S.A.: A quick look at the legal standards for loyalty discounts

Mariateresa Maggiolino • N° 2-2017

At present, in the United States no final word has been spoken as to the law on loyalty discounts. On the one hand, many U.S. courts assess loyalty discounts under the predatory pricing test, which is a defendant-friendly and easy-to-administer test that saves every discount above a certain (...)

22 Mar 2017

The Belgian Competition Authority fines the country’s largest yeast producer for resale price maintenance and abuse of dominance (Algist Bruggeman)

Emmelien Rientjes, Simon Troch • March 2017

I. The Parties Algist Bruggeman NV (‘Algist’) is the largest supplier of yeast products in Belgium. Algist markets itself as a producer of high quality yeast products with a corresponding price positioning. II. The Facts In January 2013, the BCA opened an ex officio investigation after an (...)

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