Today’s decision imposes a record fine of €4.34 billion on Google. In such an innovative and competitive industry, a decision and fine on this scale sends the wrong message. This post argues there is no obvious foreclosure, explains why Microsoft/WMP is an inadequate precedent (though Microsoft/Skype, in contrast, is directly on point), and asks whether…
By its Decision № 717 dated 28 June 2018 the Bulgarian Commission for Protection of Competition (“the CPC”/”the Commission”) adopted a sector inquiry of a number of markets within the media sector. The decision contains some intriguing stances by the CPC, especially against the background of its own previous case law or the decisional practice…
Throughout the last year, the topics of globalization in the markets and digitalization of economy were extensively discussed within the governmental authorities and business community in Russia. One of the major concerns of the authorities and business community was development of competition in “digital era”. The Federal Antimonopoly Service (‘FAS Russia’) has found its pivotal…
Approximately 3 months after initiation of the sector inquiry into the media market in Bulgaria, the national Commission for Protection of Competition (the Commission) published its report on the conducted investigation. As intended, the Commission analysed the activities of all media service providers in the sector. The conclusions of the investigation, however, raise certain concerns…
Abstract There has been a recent case of ITC/Johnson & Johnson (decided on 11th December, 2017) surrounding the retrospective application of the law/notifications issued by the Indian competition authorities, where the Competition Commission ruled against the possibility of retrospective application of a De Minimis notification. It is pertinent to note that the issue has not…
Prior to the enactment of the Indian Competition Act, 2002 (‘Competition Act’), the Supreme Court of India delivered a decision that has been consigned to irrelevance, yet poses interesting questions for the future of competition law in India. In Haridas Exports v. All India Float Glass Association,[1](‘Haridas Exports’) the Supreme Court opined that the Customs…
In the Indian Jurisdiction, Item I of Schedule I of the 2011 Combination Regulations exempts minority investments made “solely for investment purpose” and not leading to a change of control from notifying to the Competition Commission. However, the exact standard for assessment of the investment purpose and nature of conduct inconsistent with the exception is…
The new Business and Property Courts of England and Wales (“B&PCs”) became operational on 2 October 2017. As well as London, new BPCs have also been established in seven regional centres. As part of the reforms, the Mercantile Court has been renamed as the ‘Circuit Commercial Court’ and Mercantile Judges are now known as ‘Circuit…
With the exponential growth of technological advancement, our legal, social and economic systems need to respond promptly to creative incentives for disruptive innovators in the marketplace. In a speech delivered in February 2018, Deputy Assistant Attorney General Roger Alford of the US Department of Justice Antitrust Division advocated that “those countries that have designed their…
Introduction I recommend reading the UK Competition Appeal Tribunal’s (CAT) decision in Flynn/Pfizer vs UK Competition and Markets Authority (CMA) as both lawyers and economists can find a fair number of details to note for later cases related to excessive pricing. In this short article I do not wish to argue whether the CMA’s methodology…
