Anticompetitive business practices in which a dominant firm may engage in order to maintain or increase its position in the market. These business practices by the firm, not without controversy, may be considered as “abusive or improper exploitation” of monopolistic control of a market aimed at restricting competition. The term abuse of dominant position has been explicitly incorporated in competition legislation of various countries such as Canada, the EU and Germany. In the United States, the counterpart provisions would be those dealing with monopoly and attempts to monopolize or monopolization of a market.
Source: OECD
With the adoption of the 10th amendment to the Act against Restraints of Competition (ARC, ‘Gesetz gegen Wettbewerbsbeschränkungen’) on 14.01.2021 by the German Parliament (’Bundestag’), the curtain will lower on an antitrust opera [previously reported by Silke Heinz here]: ‘The Abduction from (not the Seraglio) the Düsseldorf Court of Appeals’. Overture For the following,…
Despite the pandemic, 2020 has been a very busy year for the Federal Cartel Office (“FCO”) and courts in the field of competition law in Germany. The following is merely a selection of interesting developments. It does not include the recently adopted reform of the Competition Act, which merits its own blog. Generally, the FCO…
The plot of the case Two weeks ago, Apple Inc. filed a lawsuit against the Federal Antimonopoly Service (FAS). The court hearing is scheduled for the 18th of January 2021 at the Commercial Court of Moscow city. The reason for such legal action is the fact that, at the end of August 2020, the FAS…
Large platforms acting as “digital gatekeepers” are increasingly drawing competition agencies’ attention. While no legal definition of a “gatekeeper” has been laid down yet,[1] this concept is meant to cover platforms that rely on significant network effects. A “gatekeeper” may also be a go-between, controlling access from one point to another. However, gatekeepers may refuse…
The government’s draft for new competition rules, including on (digital) platforms, published in September 2020 (see here) includes a provision specifically aimed at powerful digital gatekeepers, draft Section 19a ARC. The proposal was debated in parliament on November 25, 2020, is largely expected to be adopted more or less in its current form and to…
Competition authorities are increasingly scrutinizing Google around the globe: The European Commission was the first authority to investigate Google and has issued three record-level fines in Google Shopping, Google Android and Google AdSense. In the US, the DoJ has recently filed a complaint against Google with the US Supreme Court arguing that Google abuses its…
On 29th of July, Google announced[1] that starting from 10th of August, it will be removing shopping ads (or “the Shopping Unit” as referred by the TCA as well as by the EU Commission) from its search pages in Turkey. According to the tech giant, the decision was taken because of the uncertainties surrounding the…
Introduction The recently introduced prohibition of abuse of economic dependence (Article IV.2/1 Belgian Code of Economic Law) is a novelty in Belgian law, which may become of significant importance for the digital sector. The legal concept of abuse of economic dependence is aimed to target a situation where a company abuses the relative economic dependence…
Introduction The Ankara Regional Administrative Court’s 8th Administrative Chamber (“Regional Court”) recently annulled the decision of the Ankara 2nd Administrative Court (“Administrative Court”)[1], in which a lawsuit against the Turkish Competition Authority’s (“TCA”) Mey İçki-2 decision[2] was dismissed[3]. The Regional Court’s decision is of crucial importance in two ways: (i) first, as mentioned in our…
The Turkish Competition Authority (“TCA”) on March 23, 2020 gave its heads up to undertakings that it was “closely following the price increases”, which it referred to as “opportunistic” during the pandemic[1]. As such, the TCA warned in its announcement that it will impose the highest fines allowed by the Turkish Competition Law on all…
