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…

Introduction On 19 March 2019, the highest administrative court in the Netherlands (het College van Beroep voor het bedrijfsleven, “CBb”) ruled that the Dutch Competition Authority (“the ACM”) can hold private equity investors liable for cartel infringements committed by their portfolio companies.[1] According to the ACM, and now confirmed by the CBb, the private equity…

The National Company Law Tribunal (hereinafter ‘NCLAT’) on September 19, 2018, passed an order which set aside the penalty of 87 crores imposed on Hyundai Motor India Limited by the Competition Commission of India. One of the primary reasons for the penalty being set aside was the Commission’s failure to appreciate the evidence as the…

The Polish Competition Authority – the President of the Office for Competition and Consumer Protection (the ”PCA” or the “President of the OCCP”)–initiated the precedent antimonopoly proceedings against Gazprom and its international partners (Engie from Switzerland, as well as four other companies from the Netherlands: Uniper, OMV, Shell and Wintershall) related to an alleged violation…

On 19 April 2018, the Court of Justice (CJEU) issued an important ruling in the MEO case on the interpretation of Article 102(c) TFEU.[1] Article 102 prohibits, as incompatible with the EU’s internal market, any abuse by one or more undertakings of a dominant position in so far as it may affect trade between Member…

The Act on Combating the Unfair Use of Contractual Advantage in the Trade in Agricultural and Food Products (the “Act”) entered into force on July 12th, 2017. Its essential goal is to eliminate unfair market practices from every stage of the food product supply chain. The new legislation was to be (and still is) a…

The Federal Cartel Office (“FCO”) announced on February 1, 2018, to launch a sector inquiry into online advertising (here). This in line with the FCO’s focus on competitive conditions in the digital economy and big data. The FCO follows the French competition authority that started a separate online advertising sector inquiry in 2016 and has…

The Polish competition authority applies the principle of in dubio pro reo in the case concerning a cartel on the domestic certification market (and refuses to use lie detecting devices) On 29 December 2017, the Polish competition authority – the President of the Office of Competition and Consumer Protection (the “OCCP President”) – penalised a…

On 2 February 2018, the EU Internal Market Sub-Committee of the House of Lords (“EU Committee”) published its report on the implications of Brexit on competition law and State aid (“Report”)[1].  On antitrust and merger control, the Report concludes that there should continue to be consistency between the UK’s and EU’s approach to competition matters,…