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2nd Cartels Workshop #2 Procedural issuesVotre recherche donne 1154 résultats Technologies de l’information
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2nd Webinar of the « 2nd Cartels Workshop » organised by Concurrences, in partnership with Herbert Smith Freehills and FTI Consulting, with Ashley Brickles (Senior Managing Director, FTI Consulting), Aymeric de Moncuit (Référendaire, CJEU), Karima El Sammaa (Senior Antitrust Counsel, General (...)
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The German Competition Authority clears the acquisition of software designer by national database company (Beck / RA-MICRO)C.H. Beck can acquire share in RA-MICRO* The Bundeskartellamt has cleared the acquisition of a minority share in the provider of practice management software for law firms, RA MICRO Software GmbH, Berlin, by the publishing house C.H. Beck, Munich, which publishes expert legal information. The (...) -
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The UK Competition Authority investigates American chip producer’s takeover of national intellectual property company (NVIDIA / Arm)CMA to investigate NVIDIA’s takeover of Arm* The CMA is inviting interested third parties to provide initial views on the anticipated acquisition of Arm by NVIDIA. This is an early opportunity for interested third parties to comment on the impact that the takeover could have on competition in (...) -
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The French government vetoes American industrial conglomerate’s acquisition of national optronic technologies firmFrench veto to the acquisition of Photonis par Teledyne* Applying legislative and regulatory measures to control foreign investments in France, the French Government has banned the American Teledyne from buying French Photonis. 1. France established a scheme for controlling investments made (...) -
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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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The Czech Competition Authority imposes fines for IT cartel agreement (Autocont / Tesco / Asseco Central Europe)Office imposed fines for IT cartel agreement in total amount of CSK 75 million* By its first-instance decision of 7 December 2020, the Office for the Protection of Competition imposed fines in the total amount of CZK 74,622,000 on AUTOCONT a.s., TESCO SW a.s., ICZ a.s., MERIT GROUP a.s., (...) -
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Douglas H. Ginsburg Liber Amicorum : An Antitrust Professor on the Bench Vol. II Balancing Incentives to Innovate in Upstream Wireless Technology Markets with Exit Concerns in Midstream Component Product Markets131 Balancing Incentives to Innovate in Upstream Wireless Technology Markets with Exit Concerns in Midstream Component Product Markets JOrGe P adIlla and K Oren w. w OnG -e rvIn * Compass Lexecon Global Antitrust Institute, George Mason University Abstract We consider the merits of recent (...) -
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The UK Competition Authority advises the Government on a regulatory regime for tech giantsCMA advises government on new regulatory regime for tech giants* The CMA has issued advice to government on the design and implementation of the UK’s new pro-competition regime for digital markets. New regime will proactively shape the behaviour of the most powerful tech firms It will ensure (...) -
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The UK Competition Authority, along with other national competition authorities, secures privacy changes to tech company’s mobile app store (Apple App Store)CMA and global partners secure privacy changes to the App Store* Following international intervention, Apple will shortly indicate on its App Store what personal data each app uses, empowering consumer choice. The UK’s Competition and Markets Authority (CMA), along with the Netherlands (...) -
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The UK Competition Authority proposes a pro-competition regime for digital marketsOn 8 December 2020 the CMA issued advice to the UK government on the design and implementation of a new pro-competition regime for digital markets. The advice was prepared by the Digital Markets Taskforce (DMT) formally launched by the CMA on 1 July 2020, following recommendations by the (...) -
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The UK Competition Authority publishes recommendations for the regulation of digital marketsThe UK Competition and Markets Authority (“CMA”) has published advice to the UK Government on the design and implementation of a new regulatory regime for digital markets. The new regime, if implemented, will apply to certain digital businesses that are designated as having Strategic Market (...) -
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The UK Competition Authority gradually moves towards a mandatory notification regimeIn recent years, the Competition and Markets Authority (CMA) has become noticeably more pro-active and interventionist in reviewing transactions. In 2019 more than 50% of mergers referred to Phase 2 were prohibited or abandoned. At Phase 2 in 2020, the CMA has already issued three prohibitions (...) -
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The UK Competition Authority publishes report setting out recommendations which the Government could implement to regulate technology firms in a way that promotes competition in digital marketsIn December 2020, the CMA’s Digital Markets Taskforce (DMT) published its report setting out 15 recommendations which the UK Government could implement to regulate technology firms with ‘strategic market status’ (SMS) in a way that promotes competition, innovation and protects consumers and (...) -
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The Dutch Competition Authority publishes its report on the role of big techs in the payment marketDutch regulator calls for tighter regulation of Big Techs in payment market study On 1 December 2020, the Dutch competition authority (ACM) published its long-awaited report on the role of major technology firms (Big Techs) in the payment market. The publication of the report was expected in (...) -
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The US FTC approves prosthetics manufacturer’s application to divest assets it gained through the acquisition of prosthetics company (Otto Bock HealthCare North America / FIH Group Holdings)FTC Approves Otto Bock HealthCare North America, Inc.’s Application to Divest Assets It Gained through Acquisition of FIH Group Holdings, LLC* Divestiture preserves competition for microprocessor prosthetic knees The Federal Trade Commission has approved an application by prosthetics (...) -
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The Australian Competition Authority begins consultation on the proposed acquisition of health and wellness undertaking by Big tech company (Google / Fitbit)Consultation begins on proposed Google Fitbit undertaking* The ACCC is seeking views on a proposed court-enforceable undertaking offered in Australia to the ACCC by Google in relation to its proposed acquisition of Fitbit, Inc (Fitbit). “Our decision to begin consultation should not be (...) -
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The Regional Court of Düsseldorf refers questions regarding the licensing of standard essential patents in multi-layered supply chains to the EU Court of Justice (Nokia / Daimler)On 26 November 2020, the Regional Court of Düsseldorf (“Düsseldorf Court”) decided to request a preliminary ruling from the Court of Justice of the European Union (“ECJ”) in patent infringement proceedings involving Nokia and Daimler. The questions give the ECJ the opportunity to offer guidance on (...) -
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The Regional Court of Düsseldorf questions the EU Court of Justice on standard essential patents licensing in supply chains (Nokia / Daimler)In a decision of November 26, 2020 in a patent infringement case of Nokia Technologies Oy against Daimler AG, the Düsseldorf Regional Court (file number 4c O 17/19) referred several questions to the European Court of Justice (ECJ) regarding the licensing of standard essential patents (SEPs) (...) -
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The US DoJ requires divestiture of digital do-it-yourself tax preparation business for the merger of financial software companies to proceed (Intuit / Credit Karma)Justice Department Requires Divestiture of Credit Karma Tax for Intuit to Proceed with Acquisition of Credit Karma* Divestiture Will Preserve Competition for Digital Do-It-Yourself Tax Preparation Products The Department of Justice announced today that it is requiring Intuit Inc. and Credit (...) -
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The Polish Competition Authority conducts dawn raids and initiates explanatory proceedings against pharmaceutical wholesalers for allegations of exchange of information and price fixing (Neuca Spółka Akcyjna / Przedsiębiorstwo Dystrybucji Farmaceutycznej Slawex / Farmacol Serwis / Farmacol Logistyka)Do pharmaceutical wholesalers increase drug prices by exchanging information?* Could unfair market practices, resulting in higher drug prices and restriction of competition, be facilitated by the IT systems used by pharmaceutical wholesalers? President of UOKiK Tomasz Chróstny has initiated (...) -
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Digital Ecosystems: Regulatory Intervention & Efficiency Trade-OffsThe "Digital Ecosystems: Regulatory Intervention & Efficiency Trade-Offs" Chatham House Rule style round-table featured key presentations by Carmelo Cennamo (Copenhagen Business School) and Marshall Van Alstyne (Boston University - Questrom School of Business), followed by a live debate (...) -
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The US FTC settles allegations that a real-time communications platform offering a videoconferencing software has engaged in a series of unfair practices and requires it to enhance its security procedures (Zoom)During the Covid-19 pandemic, Zoom Video Communications, Inc. (Zoom) gained enough popularity to attract the FTC’s attention, including to its security practices. The FTC-Zoom settlement announced on November 9, 2020, which requires Zoom to implement a robust information security program, marked (...) -
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The UK Competition Authority blocks an already completed merger of retail investment software firms (FNZ / GBST)On 6 November 2020, the UK Competition and Markets Authority ("CMA") ordered FNZ to sell GBST, having concluded that the acquisition raised significant competition concerns in the supply of software and services which enable retail investment platforms in the UK. WHAT YOU NEED TO KNOW - KEY (...) -
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The Hong Kong Competition Authority welcomes the Competition Tribunal’s judgment against IT cartel for price fixing in the first case where the liability and relief portions of the proceedings have been resolved by settlement (Quantr / Cheung Man Kit / Nintex)Competition Commission welcomes judgment in IT cartel conduct case* The Competition Commission (Commission) welcomes the judgment handed down by the Competition Tribunal (Tribunal) today (3 November) in proceedings involving the exchange of competitively sensitive information in the IT sector. (...) -
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The French Competition Authority considers gaming console’s commitments inadequate to address competition concerns and returns case for investigation (Sony)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 (...) -
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The French Competition Authority rejects gaming console’s commitments in an abuse of dominance case (Sony)2020 proves to be a busy year for the French Competition Authority (FCA) as far as tech giants are concerned. After Google and Apple, it’s now Sony’s turn to be under the FCA’s spotlight. While the Japanese company is currently launching pre-orders for its new PlayStation 5, the FCA has just (...) -
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The Australian Competition Authority institutes proceedings in the Federal Court against printing company for unfair contract terms for small businesses (Fuji Xerox)Fuji Xerox in court over alleged unfair contract terms* The ACCC has instituted proceedings in the Federal Court against printing company Fuji Xerox Australia Pty Ltd and a related company (together, Fuji), alleging that in total nine types of Fuji’s standard form small business contracts (...) -
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The German Competition Authority unconditionally clears merger between top vehicle insurance provider and the industry’s leading provider of automated claims settlement services (Allianz / ControlExpert)Automated settlement of motor vehicle claims: Allianz cleared to take over ControlExpert* Yesterday, the Bundeskartellamt cleared plans by Allianz Strategic Investments. S.à.r.l., Luxembourg, (Allianz) to acquire ControlExpert Holding B.V. Amsterdam (ControlExpert). Allianz belongs to the (...) -
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The Turkish Competition Authority publishes guidelines on the examination of digital data during on-site inspections(1) Introduction The Turkish Competition Authority (“ TCA ”) recently published its Guidelines on Examination of Digital Data during On-site Inspections (“ Guidelines ”), which set forth the general principles with respect to the examination, processing and storage of data and documents held in the (...) -
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The Turkish Competition Authority publishes guidelines on the examination of digital data during on-site inspectionsIntroduction Article 15 of Law on the Protection of Competition numbered 4054 (“Law”) authorizes the Competition Authority (“Authority”) to conduct on-site inspections at the undertakings’ premises if deemed necessary in carrying out the duties assigned to it by the Law. Pursuant to the relevant (...) -
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The Turkish Competition Authority publishes guidelines for the examination of digital data during on-site inspections(1) Introduction The Guidelines on Examination of Digital Data during On-site Inspections (“Guidelines”), which was recently published by the Turkish Competition Authority (“Authority”), specifically refer to the procedure to be followed when the case handlers encounter situations calling for the (...) -
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The EU Commission accepts semiconductor company’s commitments to ensure competition in chipset markets for modems and set-top boxes (Broadcom)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 (...) -
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The EU Commission accepts a semiconductor company’s offer to stop exclusivity on chipset market (Broadcom)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 (...) -
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The EU Commission accepts commitments to ensure competition in systems-on-a-chip markets for modems and set-top boxes (Broadcom)On 7 October 2020, the European Commission accepted Broadcom’s commitments to suspend its existing agreements, and to refrain from entering into any new agreements, containing exclusivity or quasi-exclusivity arrangements and/or leveraging provisions concerning Systems-on-a-Chip (“SoCs”) for TV (...) -
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The Australian Competition Authority amends its consumer data right rules to permit accredited intermediariesConsumer Data Right Rules amended to include intermediaries* The ACCC has amended the Consumer Data Right Rules to permit accredited intermediaries to collect data on behalf of third party data recipients, with consumer consent. These amended rules mean accredited businesses can now ask other (...) -
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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)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 (...) -
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The Russian Competition Authority issues a warning to a manufacturer of cash register equipment to eliminate an abuse of dominance violation (Evotor)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 (...) -
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The EU Commission launches proposals for a regime regulating crypto-assets and distributed ledger technology in the financial sector through a digital finance packageOn September 24, 2020 the European Commission (EC) launched proposals for a new EU-wide regime to regulate crypto-assets and distributed ledger technology (DLT) in the financial sector through a Digital Finance Package. Key issues relevant to companies and stakeholders in digital finance are (...) -
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La faute lucrative en droit de la concurrence Chapitre 2 - L’efficacité limitée de l’action publiqueGodefroy de Moncuit de Boiscuillé – La faute lucrative en droit de la concurrence 89 Chapitre 2 L'efficacité limitée de l'action publique Problématique. À ce stade, il ne s'agit plus de savoir comment un agent économique peut échapper à l'application du droit de la concurrence, mais comment il peut (...) -
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The EU Court of Justice receives a request for preliminary ruling on restrictions for high-quality products regarding the block exemption regulation (Visma)A selective distribution system consists of a supplier selecting distributors based on specific, pre-determined criteria while committing to sell the products or services in question only to selected distributors. These distributors commit not to sell such products or services to unauthorised (...) -
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The Regional Court of Munich rules in favor of an electronic manufacturer in standard essential patent proceeding (Sharp / Daimler)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 (...) -
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The New Zealand Competition Authority clears merger of two IP professional service businesses (AJ Park / Baldwins)Commission clears AJ Park’s acquisition of Baldwins* The Commerce Commission has granted clearance for AJ Park IP Limited, in conjunction with AJ Park Law Limited (together, AJ Park), to acquire the assets of Baldwins Intellectual Property, Baldwin Holdings Limited, Baldwins Intellectual (...) -
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The UK Supreme Court hands down a judgement between a software and a telecommunication company, providing answers on questions concerning the English Courts’ approach to FRAND disputes (Unwired Planet / Huawei)The UK Supreme Court has handed down its long-awaited judgment in the Unwired Planet v Huawei and Conversant v Huawei & ZTE proceedings ([2020] UKSC 37), providing answers on several key questions concerning the English Courts’ approach to FRAND disputes. In a unanimous judgment, the (...) -
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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)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 (...) -
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The UK Supreme Court confirms that English courts may set the terms of global licences to portfolios of standard essential patents (Unwired Planet / Huawei)English courts given green light to set terms of global FRAND licences* On 26 August 2020, the UK Supreme Court (UKSC) gave its eagerly awaited judgment in Unwired Planet v Huawei and Conversant v Huawei & ZTE. In a unanimous policy-driven decision, the Court dismissed the appeals brought (...) -
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The UK Supreme Court confirms that it is possible to set global FRAND rates and global licences to portfolios of standard essential patents (Unwired Planet / Huawei)The U.K. Supreme Court’s 26 August ruling on standard-essential patents (SEPs) is the latest in a series of recent decisions that are likely to have a profound effect on FRAND license negotiations across the globe, in particular for the next generation 4G and 5G mobile telecommunication (...) -
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The UK Competition Authority clears takeover of fintech start-up by global leader in electronic payments (Visa / Plaid)Deal between Visa and Plaid given the go-ahead* The CMA has cleared Visa’s anticipated purchase of fintech start-up Plaid. The decision by the Competition and Markets Authority (CMA) follows a Phase 1 review in which it investigated several possible ways the deal could harm competition. Visa (...) -
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The Mannheim Regional Court grants injunctive relief to a telecommunication provider and clarifies the application of FRAND in the supply chain (Daimler / Nokia)According to a press release of the Mannheim Regional Court of 18 August 2020 in the matter Nokia v Daimler, the Regional Court of Mannheim (the “Court”) ruled in favour of Nokia that Daimler had infringed Nokia’s patent and could not invoke a FRAND objection. The Court held that Daimler and a (...) -
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The Indian Competition Authority clears mobile application from tying allegations (Harshita Chawla / Whatsapp)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 (...)
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