Recently, the Commercial Court of Moscow backed a procedural decision of the Federal Antimonopoly Service (FAS). The FAS fined the Russian IT company Mail.Ru Group for failing to provide the supervisory authority with full information about clients’ mailboxes on their servers. These mailboxes belonged to the Federal Penitentiary Service employees, who were suspected of being…

Early April, the Federal Supreme Court clarified controversial questions regarding the privilege against self-incrimination in Competition Law Proceedings in three much-noticed decisions (2C_383/2020, 2C_87/2020 and 2C_88/2020)[1]. The Decisions In 2018, the Swiss Competition Commission (“ComCo“) opened proceedings against various financial institutions regarding an alleged boycott in Switzerland. The Competition Commission suspected that the addressees of…

The ECN+ Directive requires all EU Member States to confer upon their national competition authorities certain enforcement and sanctioning powers. The Danish implementing act, no. L 116 (link only available in Danish), was passed by the Danish Parliament on 9 February 2021. Although the ECN+ Directive was adopted on 11 December 2018, and therefore well-known…

In its judgment of 25 February 2021 in the case of Slovak Telekom, the European Court of Justice (ECJ) reaffirmed its jurisprudence on the ne bis in idem rule and clarifies its relationship and functioning with art. 11 (6) of Regulation 1/2003. Judging from the facts as they are presented in the ECJ’s ruling, the…

Recently, after almost 15 months of discussions, the Parliament of Georgia adopted a comprehensive set of amendments to the Law on Competition (hereinafter – “LC”). Prepared within the framework of the EU-funded technical assistance project “Support to the Georgian Competition Agency”, these amendments are aimed at enhancing the effectiveness of Georgia’s competition framework and thereby…

The issuance of requests for information (“RFIs”) within the scope of an investigation or a merger control case can be deemed one of the main tools that enables, on the one hand, a competition authority to have a better understanding of the actual market situations as well as the nature of the alleged conducts, and…

On 22 October 2020, the European Court of Justice (ECJ) confirmed in Silver Plastics that the General Court (GC) is not bound to accept a request for the examination of witnesses when it has sufficiently proven that an undertaking took part in an anti-competitive agreement.   Executive Summary The ECJ has confirmed that there is…

In the context of ongoing antitrust investigations into Facebook Inc.’s (‘Facebook’) data-related practices (AT.40628) and Facebook marketplace (AT.40684), on 13 March 2020 the European Commission (‘Commission’) issued two formal requests for information (‘RFIs’), requiring the company to produce a large number of internal documents. Facebook challenged the RFIs before the General Court of the European…

On 5 October 2020, the General Court of the European Union (GC) partially annulled decisions of the European Commission (EC) to order on-the-spot inspections (dawn raids) of a number of French retailers[1]. The GC held that the EC did not have sufficiently strong evidence to launch dawn raids in respect of some of the suspected…