On May 30, 2017, the Bundeskartellamt (Federal Cartel Office, „FCO“) has published guidelines on remedies in German merger control, also available in an English translation, link here. The very detailed guidelines (87 pages) provide a comprehensive and helpful overview and summary of the FCO’s standing remedies practice, as well as of related jurisprudence. The timing…
The Hong Kong Court of First Instance rejected a claim that it had jurisdiction to determine whether a trade association violated the Competition Ordinance. The court reasoned that determination of a breach of the Competition Ordinance was reserved for the Competition Tribunal. In the absence of a right of standalone private action under Hong Kong…
Summary New German threshold for high value but no/low German sales transactions to enter into force: Imminent changes to merger control will widen jurisdiction to catch (i) high value transactions worth over EUR 400 million with (ii) target substantial German activity even where (iii) the deal would previously not have been notifiable because the target’s…
Following a guilty plea to criminal bid-rigging and obstruction charges, a company director was fined €7,500 by an Irish judge on 31 May and sentenced to three months’ imprisonment (suspended – meaning no jail time). The executive was also barred from acting as a company director for five years, while the company involved was fined…
On the 10th of July 2015, the CCI fined four public sector insurance companies (National Insurance Company Ltd., New India Assurance Co. Ltd., Oriental Insurance Co. Ltd., and United India Insurance Co. Ltd.) for bid-rigging This fine arose in the context of the selection of an insurance provider with respect to the implementation of the…
The European Commission increasingly issues large document requests in complex merger cases. The number of requested documents has increased significantly in recent years, from a few hundred to several hundred thousand, in particular in Phase I or Phase II cases that raise substantial issues. If the document request is issued during the formal proceedings, the documents…
In April 2017, the European Commission (“Commission”) published a tender offer seeking an assessment of the EU market for loan syndication and possible implications under EU competition rules. The successful candidate will draft a report providing an overview of the market and the relevant elements that the Commission may use for assessing the competitive environment…
On May 10, 2017, the European Commission published the final report on its sector inquiry on competition in the e-commerce sector (the E-Commerce Report) and a mid-term review of its digital single market (DSM) initiative (the DSM Review), both of which were originally announced in May 2015. The E-Commerce Report confirms that the Commission has…
I thank my friend and senior, Sahithya Murali, for meaningful suggestions on a draft of this blog. I. Introduction The car spare-parts market in India is a closed one, because car manufacturers mandate that the authorized dealers source their spare parts only from the Original Equipment Manufacturers (OEMs) or the approved vendors, and the…
On 21 April 2017, after almost 10 months, the Swiss Federal Supreme Court published reasons for its judgment of 28 June 2016 in the matter of Colgate-Palmolive Europa Sàrl (former Gaba International AG). With a majority of 3 to 2, the Federal Supreme Court rejected an appeal made against the judgment of the Swiss Federal Administrative Court…
