Dispute Resolution This article “fact-checks” the “Notice to Stakeholders” published by the European Commission on November 21, 2017[1] (the “Notice”). The Notice has received widespread press attention, due to its stark warnings about the risks of choosing to litigate in the English Courts post-Brexit. We consider whether the Notice is factually accurate (yes), whether it…
The Bulgarian Commission for Protection of Competition (“CPC”) has imposed fines on two out of the three integrated electricity companies in Bulgaria, part of the Austrian EVN group and the Czech CEZ group. The CPC initiated investigations against the three Bulgarian electricity distribution companies – CEZ, Energo-Pro and EVN and their affiliated end suppliers and…
On December 19, 2017, the Federal Cartel Office (“FCO”) published a press release on its preliminary assessment in the ongoing Facebook dominance probe, accompanied by a background paper (available in English here). The FCO considers that Facebook abuses its dominant position through imposing unfair general terms and conditions (“t&cs”). The published materials provide some interesting…
Following a considerable delay and a threat by the European Commission to initiate infringement proceedings, Bulgaria finally implemented in its national law the provisions of the European Directive 2014/104/EU on Antitrust Damages Actions dated 26 November 2014 (the “Private Damages Directive”). On 3 January 2018 in the Bulgarian State Gazette was promulgated the Act for…
The views expressed are exclusively the authors and do not necessarily reflect the opinion of CADE. I. Introduction The Brazilian Competition Authority (known as “CADE” – Conselho Administrativo de Defesa Econômica) is currently analyzing a landmark case regarding the interface between competition law and intellectual property (IP). The case is known as “Anfape” (acronym for…
Background This case concerns a dispute between Coty Germany GmbH, a supplier of luxury cosmetic products, and Parfümerie Akzente GmbH, an authorised retailer. Coty Germany, a subsidiary of the US parent company Coty Inc., sells luxury cosmetics in Germany through a selective distribution network of authorised distributors. Parfümerie Akzente is a longstanding authorised distributor for…
More than a year has passed since the Antimonopoly Committee of Ukraine (AMCU) completed its first investigations into the Ukrainian pharmaceutical market. However, it has recently struck another blow yet again and, one should say, with renewed vigour. The first companies that fell under antitrust sanctions were Alcon and distributors (Alcon case). The AMCU passed…
The Federal Cartel Office (“FCO”) has published a background paper “Innovation – Challenges for the Antitrust Law Practice” in October 2017. It covers possible innovation aspects across different antitrust law areas, with a focus on merger control. The paper is a valuable contribution to the debate on innovation. It is an agency paper, so it…
José Rivas, ‘Editor’s Note’ ARTICLES Pieter J.F. Huizing, ‘Fining Foreign Effects: A New Frontier of Extraterritorial Cartel Enforcement in Europe?’ Abstract: Regulation 1/2003 does not explicitly address the question whether national competition authorities (NCAs) have the power to prosecute and sanction infringements of Article 101 TFEU beyond their own national borders. This has allowed wide differences to…
On 4 November 2017, the Standing Committee of the National People’s Congress passed the amendments to China’s Anti-Unfair Competition Law (AUCL). The amendments will take effect from 1 January 2018. This is the first time that the AUCL has been revised since its entry into force in 1993. As part of the amendments, the AUCL’s…
