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…

The Competition Commission of India (CCI) has released Interim Observations for a market study being conducted by it to understand qualitative aspects of e-commerce in India.[1] It has outlined its scope to understand the market landscape, strategies and issues arising thereunder, without undertaking an examination of breach of competition law.[2] So far, it has divided…

This post explains (i) why there is friction between sustainability initiatives and competition law and (ii) how the EU Commission could take steps to address this. Recent EU developments suggest a renewed interest in this area: In November 2018, the EU Competition Commissioner hinted at a more worldly application of the EU competition rules by emphasising that…

Introduction On 4 July 2019 a long-awaited Dutch legislative proposal regarding sustainability initiatives (“Wet ruimte voor duurzaamheidsinitiatieven“) was submitted to the Dutch House of Representatives. The proposal aims to foster collaboration between undertakings towards sustainability goals by removing the barrier of competition law. This is an interesting development because of at least two reasons: (i)…

Introduction The growth of e-commerce over the last decade has had a significant impact on most if not all retail markets. Trends like the increased importance of online sales, price transparency and the emergence of new market players such as online platforms significantly affected the distribution and pricing strategies of both manufacturers and retailers, not…

On June 4, 2019, the Düsseldorf Court of Appeal quashed the decision of the Federal Cartel Office (“FCO”) prohibiting Booking.com to operate so-called narrow most favored nation (MFN) clauses (or best price clauses) on its hotel booking platform with hotels in Germany, see press release here.  It thereby set a (preliminary) end to a long saga…

After Google has been fined several times for breach of (EU) competition rules the last couple of years, it might now be Apple’s turn. Last month (March 2019), Spotify filed a complaint against Apple with the European Commission. The Dutch Authority for Consumers & Markets (“ACM”) immediately responded by stating that ACM is finalizing its…

Confidentiality, an inherent feature in commercial arbitration and a preferred one too, is of great importance to antitrust proceedings when information is supplied by any party. There are, however, two concepts envisaged within the Competition Act, confidentiality and privacy, although the nomenclature used in the General Regulations, 2009 is ‘confidentiality’ and this does not include…

Common ownership currently is one of the focus topics in the antitrust community. Einer Elhauge, a Harvard Law professor, has called it the “greatest anticompetitive threat of our times”. Others believe that there is no issue at all. The below gives an overview on the status of the debate and analyses the recent EU Commission…

Last week the Dutch government made international headlines with its share acquisition in Air France-KLM Holding (increasing its stake to 14%). According to the Dutch the acquisition was justified to have a seat at the table when it comes to the role of the Netherlands (read Schiphol) as an aviation hub to protect the public…