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The Indonesian Competition Authority imposes its first predatory pricing fine against a multinational cement manufacturer (CKSC)Votre recherche donne 3931 résultats Position dominante (abus)
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In a release, Komisi Pengawas Persaingan Usaha (KPPU) – the Indonesian Competition Authority, published its first Article 20 (Predatory Pricing) decision. The KPPU Decision No. 03/KPPU-L/2020 was issued on a virtual hearing on 15 January 2021, whereby KPPU found that PT Conch South Kalimantan (...)
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The German Parliament passes the digital competition act bringing significant changes to the competition law landscapeToday, the German parliament passed the “Digital Competition Act” which is the 10th amendment to the Act against Restraints of Competition (ARC). The amended law – which will very likely enter into force January 2021 – will bring about significant changes to the German competition law landscape. (...) -
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The German Parliament passes amendments of antitrust law focusing especially on the reform of regulatory requirements to curb the market power of large companies with digital business modelsOn 14 January, the German Parliament passed far-reaching amendments of German antitrust law, the Act against Restraints of Competition (ARC), which also affect merger control. The amendment, also known as the "German Competition Digitalization Act", focuses especially on the reform of (...) -
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The Russian Ninth Arbitration Appeal Court upholds the decision of the Competition Authority in respect of national railways abusing their dominant position (Russian Railways JSC)The appeal upheld the decision of the FAS Russia in respect of Russian railways* Earlier, the Authority recognized the company as violating antimonopoly legislation The Ninth Arbitration Appeal Court supported the position of the Antimonopoly Service in the case against Russian Railways JSC. (...) -
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The UK Competition Authority opens an investigation into big tech company’s ‘Privacy Sandbox’ browser changes (Google)CMA to investigate Google’s ‘Privacy Sandbox’ browser changes* The CMA has opened an investigation into Google’s proposals to remove third party cookies and other functionalities from its Chrome browser. The investigation will assess whether the proposals could cause advertising spend to become (...) -
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The EU Commission and the UK Government publish an agreement governing post-Brexit trade relations that includes provisions regulating antitrust enforcement and cooperationThe European Union (EU)-U.K. Trade and Cooperation Agreement (TCA) governing post-Brexit trade relations between the U.K. and the EU includes provisions regulating EU/U.K. antitrust enforcement and cooperation effective January 1, 2021: Anticompetitive practices and mergers. The TCA provides (...) -
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The Lithuanian Competition Authority terminates investigation into real estate ads company for alleged abuse of dominant position (Diginet LTU)Lithuanian Competition Authority terminates investigation into real estate ads prices* The Lithuanian competition authority Konkurencijos taryba has terminated the investigation into the actions of Diginet LTU, the owner of classified real estate ads websites, without finding that the company (...) -
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The Japanese FTC and the Government propose draft guidelines for business collaboration between large companies and startups for the purpose of promoting open innovation and ensuring fair and free competitive environmentsOn December 23, 2020, the Japan Fair Trade Commission ("JFTC") and Ministry of Economy, Trade and Industry ("METI") proposed a draft of Guidelines for Business Collaboration with Startups ("Guidelines") for the purpose of promoting open innovation and ensuring fair and free competitive (...) -
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The Spanish Competition Authority confirms the opening of an investigation against pharmaceutical firms (Leadiant Biosciences Spa / Leadiant Biosciences LTD)Reports that Leadiant is also in the crosshairs of the Spanish competition authority were confirmed today. The Comisión Nacional de los Mercados y la Competencia announced that it started formal proceedings against Leadiant Biosciences Spa and Leadiant Biosciences LTD on the grounds that these (...) -
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The Spanish Competition authority initiates proceedings against two pharmaceutical companies for abuse of dominant position ((Leadiant Biosciences SPA / Leadiant Biosciences LTD))The CNMC initiates disciplinary proceedings against Leadiant Biosciences Spa and Leadiant Biosciences LTD for alleged practices prohibited by the Antitrust Law It is investigating a potential abuse of their dominant market position in Spain involving the manufacture and supply of the drug (...) -
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The Hong Kong Competition Authority brings first case on abuse of substantial market power to Competition Tribunal (Linde)Competition Commission brings first case on abuse of substantial market power to Competition Tribunal* The Competition Commission (“Commission”) has today filed a case in the Competition Tribunal (“Tribunal”) against Linde HKO Limited (“Linde HKO”) and Linde GmbH (collectively referred to as “Linde” (...) -
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The UK Competition Authority accepts legally binding commitments from a pharma company to continue supplying a key bipolar drug at an affordable price (Essential Pharma)The UK Competition and Markets Authority (CMA) published today its decision accepting binding commitments from Essential Pharma (EP) to continue supplying for at least 5 years a medicine for the first line treatment of bipolar disorder and other mental conditions at a price considered (...) -
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The UK Competition Authority accepts legally binding commitments from a pharmaceutical company (Essential Pharma)CMA secures affordable supply of key bipolar drug* The CMA has accepted legally binding commitments from Essential Pharma to continue supplying a key bipolar drug at an affordable price for at least 5 years. In October, the CMA launched an investigation suspecting that the pharmaceutical (...) -
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The UK Competition Authority accepts the commitments of a pharmaceutical company to continue supplying a bipolar medicine to the national market (Essential Pharma)On 18 December 2020, the UK Competition and Markets Authority (“CMA”) announced that it had accepted Essential Pharma’s commitments to continue supplying a bipolar medicine to the UK market. Essential Pharma is a supplier of both Priadel and Camcolit, long-term treatments for individuals (...) -
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The US DoJ gives permission to three States to join its antitrust lawsuit against a big tech company for maintaining monopolies in search and search advertising (Google)Three Additional States Ask Court To Join Justice Department Antitrust Suit Against Google* Today, the Attorneys General of Michigan and Wisconsin filed for permission to join the antitrust lawsuit filed by the United States and eleven other state Attorneys General against monopolist Google. (...) -
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The Spanish Competition Authority opens an investigation against a company for an abuse of dominance in the market for accessing and connecting to the electricity transmission network (Enel)The CNMC investigates Enel Green Power, S.L. (Enel) and its parent company Endesa Generación, S.A. for alleged anticompetitive practices* It assesses Enel’s possible abuse of its dominant position as a company designated as a Single Node Interlocutor (IUN) in the market for accessing and (...) -
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The Luxembourg Competition Authority President rejects a request for interim measures in the context of the COVID-19 health crisis (Bionext / Laboratoire National de Santé)I. Introduction On 17 December 2020, the President of the Luxembourg Competition Council (hereinafter the “President”) rendered a decision on a request for interim measures requested by the laboratory Bionext S.A. (hereinafter “Bionext”) against the Laboratoire National de Santé (hereinafter (...) -
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Proportionnalité : Le Tribunal de l’Union européenne confirme l’absence d’intérêt de l’Union européenne à poursuivre l’examen d’une plainte d’un concurrent d’un fabricant de fenêtres de toit, dès lors que l’étendue des investigations nécessaires serait disproportionnée au regard de la probabilité limitée de constater une violation de l’article 102 TFUE (Fakro)Le 16 décembre 2020, le Tribunal de l’Union a rendu un arrêt dans l’affaire T-515/18 (Fakro contre Commission). La requérante, Fakro sp. z o.o., est une société polonaise qui fabrique des fenêtres et des accessoires de toiture. Le 30 avril 2007, la Commission a ouvert d’office une enquête sur le (...) -
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The EU Commission publishes report on the implementation of damages directiveAntitrust: Commission publishes report on implementation of Damages Directive* The European Commission has published a report on the implementation of the Antitrust Damages Directive which helps citizens and companies claim damages if they are victims of infringements of EU antitrust rules, (...) -
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The German Competition Authority examines linkage between virtual reality products brand and social network company (Oculus / Facebook)Bundeskartellamt examines linkage between Oculus and the Facebook network* The Bundeskartellamt has today initiated abuse proceedings against Facebook to examine the linkage between Oculus virtual reality products and the social network and Facebook platform. Andreas Mundt, President of the (...) -
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The German Competition Authority announces that it has initiated abuse proceedings against a social platform company for linkage with a virtual reality products brand (Oculus / Facebook)The German FCO has not lost its appetite to take on major tech companies. Today, it has announced that it has initiated abuse proceedings against Facebook to examine the linkage between Oculus virtual reality products and Facebooks’ social network. The accusations against Facebook Facebook’s (...) -
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The US FTC sues the world’s dominant social network company for illegal monopolization, requires divesting its acquisitions of up-and-coming rivals and prohibiting the imposition of anticompetitive conditions on software developers (Facebook)FTC Sues Facebook for Illegal Monopolization* The Federal Trade Commission today sued Facebook, alleging that the company is illegally maintaining its personal social networking monopoly through a years-long course of anticompetitive conduct. Following a lengthy investigation in cooperation (...) -
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The US State of New York Attorney General (AG) leads a bipartisan lawsuit by 46 State AGs, District of Columbia AG, and Territory of Guam AG seeking to end the dominant social network company’s allegedly illegal monopoly, including predatory acquisitions and reduction of privacy protections for consumers (US State AGs / Facebook)Attorney General James Leads Multistate Lawsuit Seeking to End Facebook’s Illegal Monopoly* AG James Leads Bipartisan Coalition of 48 Attorneys General Charging Anticompetitive Conduct Facebook Thwarted Competition, Reduced Consumer Privacy for Profits New York Attorney General Letitia James (...) -
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Douglas H. Ginsburg Liber Amicorum : An Antitrust Professor on the Bench Vol. II Antitrust and the Clash of Sovereigns81 Antitrust and the Clash of Sovereigns – Bringing Under One Roof: Extraterritoriality, Industrial Policy, Foreign Sovereign Compulsion, and (Bad) Applications of Law Against “My Country's” Firms eleanOr M. F Ox * New York University Abstract When sovereign conflicts arise in the course of antitrust (...) -
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The OECD holds a roundtable on abuse of dominance in digital marketsMany digital markets exhibit certain characteristics, such as low variable costs, high fixed costs and strong network effects, that result in high market shares for a small number of firms. In some cases, these lead to “competition for the market” dynamics, in which a single firm captures the (...) -
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The Israeli Competition Authority examines 21 national start-ups that were acquired by giant technology companies and submits the findings to the OECDAre there ‘Killer Acquisitions’ in Israel?* The Israel Competition Authority examined what happened to 21 Israeli “start-ups” that were acquired by giant technology companies the findings were submitted to the OECD The digital economy giants provide new challenges to competition authorities (...) -
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The Dutch Competition Authority finds in its study of major tech firms on the national payment market that tightening of rules is needed to maintain a level playing fieldBig Tech and the Dutch payment market: tightening of rules needed to maintain a level playing field* Big Tech companies such as Apple, Facebook, Amazon, or Ant Group (Alibaba) must ensure that their platforms or devices are suitable for different providers of payment services. The Netherlands (...) -
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The Irish Competition Authority seeks High Court order on ticket sales and distribution company’s agreement (Ticketmaster)CCPC seeks High Court order on Ticketmaster agreement* Why did the CCPC investigate ticketing? In January 2017, the Competition and Consumer Protection Commission (CCPC) commenced an investigation into suspected anti-competitive practices in relation to the provision of tickets and the (...) -
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Unilateral conduct in the energy sector: An overview of EU and national case lawThis 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 (...) -
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Abus de position dominante : La Cour de justice de l’Union européenne étend aux festivals sa jurisprudence permissive autorisant les sociétés de gestion collective à imposer un barème de redevances calculé sur la base des recettes brutes tirées de la vente des billets d’entrée dans des discothèques et sur les recettes des émissions de télévision destinées au grand public (SABAM / Weareone.World, Wecandance)Le 25 novembre 2020, la Cour de justice de l’Union a rendu un arrêt dans l’affaire C-372/19 (SABAM), laquelle fait suite à la demande de décision préjudicielle formée par le Tribunal de l’entreprise d’Anvers à propos de la rémunération demandée aux festivals de musique par un organisme de gestion des (...) -
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The EU Court of Justice rules that the fee structure for music played at festivals adopted by a Belgian collecting society is not abusive (SABAM)On 25 November 2020, the Court of Justice ((“ECJ”) delivered a judgment in Case C-327/19, ruling that the fee structure for music played at festivals adopted by the Belgian collecting society SABAM is not necessarily abusive under Article 102 TFEU. The case came before the ECJ by way of a (...) -
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The EU Court of Justice states that the fee structure for music played at festivals adopted by collecting societies is not necessarily abusive (SABAM)On 25 November 2020, the Court of Justice of the European Union (the CJEU) delivered a judgment in case C-372/19 holding that the fee structure for music played at festivals adopted by collecting societies such as SABAM is not necessarily abusive under Article 102 TFEU. The case had come before (...) -
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The EU Court of Justice rules that a hotel using an online booking platform may, in principle, bring proceedings against that platform before a court of the Member State in which that hotel is established in order to bring to an end a possible abuse of a dominant position (Wikingerhof / Booking.com)A hotel using the platform Booking.com may, in principle, bring proceedings against Booking.com before a court of the Member State in which that hotel is established in order to bring to an end a possible abuse of a dominant position* Even though the practices which are thus the subject of (...) -
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The UK Competition Authority consults on proposed commitments from a pharma company to keep bipolar medicine on the market at an affordable price (Essential Pharma)Early last month, the Competition and Markets Authority (CMA) started an investigation into Essential Pharma because of suspicions that the firm might have abused an allegedly dominant position by taking steps to withdraw Priadel® from the UK market. This is a lithium based medicine indicated (...) -
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Compétence : La Cour de justice de l’Union européenne dit pour droit qu’une action en responsabilité fondée sur l’obligation légale de s’abstenir de tout abus de position dominante relève de la matière délictuelle au sens du règlement Bruxelles I bis (Wikingerhof / Booking)Le 24 novembre 2020, la Cour de justice de l’Union, réunie en grande chambre, a rendu un arrêt dans l’affaire C-59/19 (Wikingerhof GmbH & Co. KG contre Booking.com BV), à la faveur duquel elle a dit pour droit qu’une action en responsabilité, en ce qu’elle est fondée sur l’obligation légale de (...) -
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The UK Competition Authority consults on commitments offered by a pharma company to keep its cheaper bipolar drug in the market at an increased price that is still below the company’s more expensive competing bipolar medication (Essential Pharma)CMA takes swift action in bipolar drug investigation* The CMA is consulting on proposed commitments from Essential Pharma to keep a key bipolar drug on the market, and ensure it is affordable to the NHS. The Competition and Markets Authority (CMA) launched a competition law investigation into (...) -
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The EU Court of Justice rules that an online travel agency has abused its dominant position, and opens greater access to victims to bring actions before national courts (Wikingerhof / Booking.com)On 24 November 2020, the Grand Chamber of the Court of Justice (the “ECJ”) ruled that the special jurisdiction rule for tort disputes under Regulation 1215/2012 (the “Brussels I bis Regulation”) applies to actions based on a breach of competition law, even within the context of a contractual (...) -
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The EU Court of Justice rules that an action based on an abuse of dominant position is a matter relating to tort regarding the European regulations even if the parties are bound by a contract (Wikingerhof / Booking.com)On November 24, 2020, the European Court of Justice (hereinafter “ECJ”) delivered a judgment relating to the application of article 7, point 2, of the European Union’s Regulation n°1215/2012 (hereinafter “Brussels I bis”). In the present case, the company Wikingerhof GmbH operated a hotel in Germany. (...) -
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The Australian Competition Authority alleges that an ice-cream supplier infringed competition law by engaging in exclusive dealing (Peters Ice Cream)Peters allegedly hindered or prevented competition in ice-cream supply* The ACCC has instituted Federal Court proceedings against Australasian Food Group Pty Ltd, trading as Peters Ice Cream (Peters), alleging it engaged in conduct which hindered or prevented competition for the supply of (...) -
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The EU General Court upholds the Commission’s decision finding that the national railway company of Lithuania abused its dominant position on the national rail freight market (Lietuvos geležinkelai)The General Court upholds the Commission’s decision finding that the national railway company of Lithuania abused its dominant position on the Lithuanian rail freight market* Lietuvos geležinkeliai AB (‘LG’), the national railway company of Lithuania, both manages railway infrastructure and (...) -
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Infrastructure essentielle : Le Tribunal de l’Union européenne confirme la décision de la Commission européenne constatant un abus de position dominante par l’opérateur historique lituanien des chemins de fer, mais réduit l’amende infligée (Lietuvos geležinkeliai)Le 18 novembre 2020, le Tribunal de l’Union européenne a rendu un arrêt dans l’affaire T-814/17 (Lietuvos geležinkeliai contre Commission). L’affaire fait suite au recours en annulation de la décision du 2 octobre 2017, à la faveur de laquelle la Commission a infligé une amende de 27 873 000 d’euros à (...) -
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The EU General Court maintains Commission decision finding that a Lithuanian railway company abused its dominant position on the national rail freight sector (Lietuvos geležinkelai)On 18 November 2020, the General Court (“GC”) issued its judgment confirming the European Commission’s (“Commission”) decision to fine Lithuanian Railways for the abuse of its dominant position on the Lithuanian rail freight market. The GC rejected all of the appellant’s complaints, but reduced the (...) -
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The EU General Court confirms the Commission’s decision finding that a national rail company abused its dominant position on the market (Lietuvos geležinkelai)The Factors Affecting the Use of Essential Facilities Doctrine in Light of the Lithuanian Railway v Commission Decision: A Comparison with the Turkish Practice and Potential Implications 1) Introduction On November 18, 2020, the General Court of the European Union (“General Court”) upheld the (...) -
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Women & Antitrust - Voices from the Field, Vol. II DEBORAH MAJORAS, Procter & Gamble and HANNA ANTTILAINEN, DG COMP, European Commission245 Deborah Majoras Procter & Gamble Hanna Anttilainen Deborah Majoras has been the chief legal officer and secretary of The Procter & Gamble Company for a decade. She serves on the boards of directors of Valero Energy Corporation and several non-profits, including the United States Golf (...) -
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Women & Antitrust - Voices from the Field, Vol. II DIANE WOOD, US Court of Appeals for the Seventh Circuit and LINA KHAN, Columbia University161 Diane Wood US Court of Appeals for the Seventh Circuit Lina Khan Diane Wood is a judge of the US Court of Appeals (7th Circuit) and a senior lecturer at the University of Chicago. She earned her BA (1971) and JD (1975) from the University of Texas at Austin, and then clerked for Judge (...) -
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Women & Antitrust - Voices from the Field, Vol. II LAURENCE IDOT, University Paris II Panthéon-Assas and ANNE-SOPHIE CHONÉ-GRIMALDI, University Paris Nanterre63 Laurence Idot University Paris II Panthéon-Assas Anne-Sophie Choné-Grimaldi Laurence Idot became full professor (Agrégée des facultés de droit) in 1982 following a PhD on “The Control of Restrictive Business Practices in International Trade” (Paris II, 1981). She has taught EU and competition law, (...) -
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The Hungarian Supreme Court upholds Competition Authority’s finding that a food retail company has abused its dominance (Auchan)The GVH won the case against Auchan at the Curia of Hungary* Budapest, 13 November 2020 - The Curia of Hungary upheld in its entirety the GVH’s decision to impose a record fine of more than one billion forints. Thus, it has now become final that Auchan has abused its significant market power. (...) -
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The EU Commission sends statement of objections to global e-commerce company for the use of non-public independent seller data and opens second investigation into its e-commerce business practices (Amazon)Antitrust: Commission sends Statement of Objections to Amazon for the use of non-public independent seller data and opens second investigation into its e-commerce business practices* The European Commission has informed Amazon of its preliminary view that it has breached EU antitrust rules by (...) -
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Abus de position dominante : La Commission européenne adresse une communication des griefs à une plateforme de commerce électronique lui reprochant d’avoir utilisé de façon systématique les données commerciales non publiques des vendeurs indépendants qui utilisent sa place de marché afin de favoriser la vente de ses propres produits (Amazon)Le 10 novembre 2020, la Commission européenne a indiqué qu’elle avait adressé une communication des griefs à Amazon, aux termes de laquelle elle lui reproche d’avoir utiliser de façon systématique les données commerciales non publiques des vendeurs indépendants qui utilisent sa place de marché afin de (...) -
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The Italian Competition Authority fines a plastic supply chain consortium €27 million for abuse of dominant position in the recovery of pet plastic packaging (Corepla)ICA: sanction of €27 million to Corepla for abuse of dominant position in the recovery of pet plastic packaging* The Authority has found that the consortium has impeded competition and innovation in the services aimed at the recovery and recycling of pet bottles for food use The Competition (...)
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