Digital markets, Enforcement, European Union

, (ByrneWallace)/ /Leave a comment

Debate in the competition law community has intensified around the issue of enforcement in digital markets in recent months with (yet another) significant antitrust fine being levied against Google,[1]Amount of actual fine may vary the Bundeskartellamt’s Facebook decision, and (most recently) the European Commission’s Report on Competition policy for the digital era.[2]http://ec.europa.eu/competition/publications/reports/kd0419345enn.pdf The emergence of…

Competition, Competition law, Competition policy, Europe, European Commission, European Union, Merger control, Mergers, Minority shareholding, OECD, Regulation

(Kirkland & Ellis, Belgium)/ /Leave a comment

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…

Dawn raids, United Kingdom

(Jones Day)/ /Leave a comment

In March 2019, the UK Competition and Markets Authority (“CMA”) issued its first fine on a company for concealing relevant evidence during a dawn raid, fining Fender Musical Instruments Europe Limited (“Fender”) £25,000.  This is the latest example of a trend among competition authorities to hold companies accountable for dawn raid procedural violations, (see, for…

Gun jumping, Ireland, Merger control

, (McCann FitzGerald)/ /Leave a comment

After an 18 month investigation involving officials from both the Competition and Consumer Protection Commission (“CCPC”) and Ireland’s Director of Public Prosecution, and a first-ever criminal prosecution, a company that gun-jumped Irish merger control rules avoided criminal conviction by agreement to donate €2,000 to charity, following a guilty plea. Irish competition law renders it a…

Abuse of dominance, Bulgaria

(Kambourov & Partners)/ /Leave a comment

On 24 July 2015 an amendment to the Bulgarian Protection of Competition Act (“PCA”) was promulgated, introducing a novel type of infringement – abuse of stronger bargaining position. Article 37a of the PCA reads as follows: Paragraph 1: “Any act or omission of an undertaking with a stronger bargaining position, which contravenes good-faith commercial practice…

Abuse of dominance, Arbitration, Jurisdictional clause

, , (Cleary Gottlieb Steen & Hamilton LLP)/ /Leave a comment

In a recent judgment providing a preliminary ruling in the case, Apple Sales International et al. v. EBizcuss.com (C-595/17, October 24, 2018) (“EBizcuss.com”), the Court of Justice of the European Union (“CJEU”) affirmed that jurisdiction clauses subject to EU law may be enforced by Member State courts in the context of actions for damages for abuse of dominance…

Cartels, Competition, Netherlands, Parental liability

(Bird & Bird, The Netherlands)/ /Leave a comment

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…

India, Market definition

, (Dr. Ram Manohar Lohiya National Law University, Lucknow)/ /Leave a comment

In a section 27 order delivered in September 2018, the Competition Commission of India, while penalising Esaote for abusing its dominant position, may have laid down a landmark precedent in respect of market definition in India. The majority noted that the relevant product market in the instant case was the market for ‘Dedicated Standing/Tilting MRI…

India, Merger control, Remedies

(KK Sharma Law Office)/ /Leave a comment

Combinations, in the form of acquisitions, merger and amalgamations crossing specified assets or turnover thresholds in India are subject to review by the Competition Commission of India (CCI). Most combinations, however, do not raise competition concerns and even if they do, a combination can still be approved subject to modification made to the combination. As…

Abuse of dominance, Effects-based, United Kingdom

, , , (White & Case)/ /Leave a comment

Summary On 14 March 2019, the UK Competition and Markets Authority (CMA) decided to close its investigation into a discount scheme by Merck Sharp & Dohme Limited (MSD).[1] The CMA concluded that there were no grounds for it to take action, since MSD’s discount strategy was not likely to limit competition in anticipation of the…