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 of its users from third-party services/websites, including on What’sApp and Instagram, without explicit consent as an abuse of dominance.  Facebook…

Antitrust enforcers are good at regularly reminding the competition law community that the various forms of abuse of dominance listed in Article 102 TFEU are not exhaustive. Indeed, the idea of what conduct falls outside “competition on the merits” is ever evolving. And this can make it difficult for practitioners to set clear lines on…

A fine of slightly above EUR 400 000 was imposed to the biggest Bulgarian telecom operator – A1 Bulgaria, member of Telekom Austria Group (“A1”) for abuse of stronger bargaining position in its contractual relationship with its former sales representative – Handy Bulgaria (“Handy”). The relationship between the two companies started back in 2005, when Handy…

The European Court of Justice (CJEU) held recently in Apple Sales International v MJA acting as liquidator of eBizcuss.com[1] that claims alleging abuse of a dominant position could come within the terms of a jurisdiction clause even where the clause did not expressly refer to claims based on competition law.   Relevant Rules The rules…

The tech giant Google[1] 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 of TRY 93 million (approximately USD 15…

On September 4, 2018, the German Ministry for Economic Affairs has published a report by economic and legal experts analyzing some key issues of abuse of market power in the digital platform economy (see an English summary here.) The report provides an overview of the status quo and recommendations, and is understood to be the…

Predatory Pricing is often described as pricing of any commodity below a suitable value for the purpose of ousting competitors in the short run and abating competition in the long run. A practice which is detrimental to both competitors and competition, the same proves to be a barrier for market growth as well. Usually, the…

In a decision released in July 2018, the Secretary of Commerce –following the recommendations of the Argentinean Antitrust Commission (CNDC) – imposed a fine worth AR$42.7 million (approximately US$1.5 million) to the Argentinean Society of Music Authors and Composers (SADAIC) for abusing its dominant position in breach of the Antitrust Law No. 27,442 (the “Antitrust…

On 13.03.2018 the Bulgarian Commission for Protection of Competition (“BCPC”) published a decision finding that the Bulgarian National Television (“BNT”) and Nurts Digital EAD – a company operating in the sector of construction of networks and facilities in the TMT sector (“Nurts”) did not commit a breach of competition law. The BCPC was seized upon…

On January 24, 2017, 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 exclusive deals, which lasted from 2011 to 2016. Baseband chipsets are key components in smartphones and tablets, which enable connection…