UK Competition Appeal Tribunal Judgment: Pushing the Envelope on Abuse of Dominance The CAT’s Royal Mail v Ofcom judgment considers what constitutes abusive conduct, the “as-efficient competitor” test, and the use of expert economic advice.   On 12 November 2019, the UK Competition Appeal Tribunal (the CAT) published its judgment rejecting Royal Mail’s appeal against…

2019 was an eventful year in Spanish antitrust enforcement. Here is a brief overview of 2019’s major legal changes and relevant developments in relation to Competition law in Spain, as well as what to expect in 2020.        I.         New Administration On 8 January 2020, Mr Pedro Sánchez was reappointed as Spanish Prime Minister….

The Bulgarian Commission for Protection of Competition (“BCPC”) imposed a fine amounting to BGN 315 612 the National Electricity Company EAD (“NEK”) for abuse of dominance – infringement of Art. 21, para. 1 of the Bulgarian Competition Protection Act (“BCPA”) (corresponding to Art. 102 TFEU). The BCPC found that NEK unilaterally and unjustifiably modified the…

Dawn raids may become a nerve-racking experience for companies that are under scrutiny of competition authorities and their employees. During a dawn raid, which is performed without prior notice, employees of the relevant undertaking who lack proper training may act in a way that can expose their companies to monetary fine. Dawn raids are often…

Recent Developments in Canadian Merger Review: Sad Holiday Tidings for Merging Parties Charles Tingley, Anita Banicevic, Mark Katz In his own version of the pre-holiday rush, the Canadian Commissioner of Competition challenged one merger transaction just before the Christmas holidays and entered into a consent agreement to preserve assets pending his review of another. The…

Key takeaways In November, the European Commission (“Commission”) published its much-anticipated reasoning in the Canon/Toshiba Medical Systems Corporation (“TMSC”) merger infringement case.[1]  Through this decision, which resulted in a remarkable €28 million fine against Canon for purely procedural contraventions, competition practitioners have gained further insight into the Commission’s standpoint on the use of warehousing structures…

With the developments in online services, our habits in everyday life has been changing rapidly. Nowadays, one can cater any of its needs via websites or simple smartphone apps instantly. And all these developments have also been reflected its effects on maybe one of our most common and frequent habit; grocery shopping. We experienced (and…

Caveat emptor, buyer beware. A familiar civil law principle that requires buyers to do their pre-contractual due diligence or face the consequences. And, as it happens, also a principle that is increasingly appropriate to describe the caution that professional buyers need to exercise in an antitrust context. Indeed, many stakeholders are calling for enforcement that…

Recent Developments in Abuse of Dominance Law in Canada: When is Anti-Competitive Conduct Justified? Charles Tingley and Mark Katz On October 17, 2019, the Canadian Competition Tribunal dismissed an application by the Commissioner of Competition alleging that the Vancouver Airport Authority (VAA) had abused a dominant position in the market for in-flight catering services at…

Introduction Sections 5 and 6 of the Competition Act, 2002 [‘the Act’] provide the basic statutory framework for merger control in India. The Report of the Raghavan Committee, which played an instrumental role in the formulation of the Act, contemplated the Indian Competition Law regime to be one of pre-notification in order to elude the…