Anticompetitive agreements

Anticompetitive agreements, Market definition, National competition authorities (NCAs), Restriction by effect, Restriction by object, Selective distribution, Spain

(CNMC)/ /Leave a comment

On 12 July 2023, the Spanish National Markets and Competition Commission (CNMC) issued its decision in the case S/0013/21 – Amazon/Apple Brandgating (the Decision) imposing a fine of €143.6 million on Apple and Amazon for restricting inter and intra-brand competition in the sale of Apple products on the Spanish Amazon marketplace contrary to Articles 1…

Abuse of dominance, Advocate General, Anticompetitive agreements, European Court of Justice, European Union, Sport, Sports law

(University of Michigan)/ /Leave a comment

Introduction One of the biggest controversies in European football right now is the fight between UEFA, Europe’s continental football association, and the European Super League (ESL), a proposed breakaway league composed of some of the biggest clubs and commercial names in the sport; a case arising out of the dispute recently reached the European Court…

Abuse of dominance, Anticompetitive agreements, Arbitration, Legitimate objective, Price fixing, Sport

(Universidad CEU San Pablo)/ /1 Comment

On 24 July 2023, the Court of Arbitration for Sport (CAS) issued a very relevant award in case CAS 2023/O/9370 Professional Football Agents Association (PROFAA) v. FIFA (the Award), in which it examined various claims of illegality of the new FIFA Football Agents Regulations (FFAR) under several areas of law, most importantly those under EU…

Ancillary, Anticompetitive agreements, Burden of Proof, Competition enforcement, Enforcement, European Court of Justice, Germany, References for a preliminary ruling, Regulation, Restriction by object, Sport

(University of Cologne)/ /Leave a comment

Sport itself is all about the competition on the pitch. However, sports federations’ actions and regulations have come increasingly into the focus of competition watchdogs and courts worldwide. A well-known example is the dispute over the establishment of the European Super League. As the recently announced merger between golf associations PGA and L.I.V. demonstrates, competition…

Anticompetitive agreements, Cartels, Competition enforcement, Damages, Economics, Estimation, Evidence, National court, Private enforcement, Spain

(IE Law School)/ /Leave a comment

Introduction Three weeks ago, the Spanish Supreme Court delivered its first rulings on damages claims in the trucks cartel. Given that Spanish courts have been the most active in the EU on this case (see the stream of judgments issued by the Courts of Appeal in Figure 1, 85% are available at CENDOJ), there was…

Anticompetitive agreements, European Commission, Exemptions, Horizontal, Sustainability

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

The European Commission (“EC”) has published its final revised Horizontal Cooperation Guidelines and adopted new R&D and Specialisation Block Exemption Regulations (HBERs). The EC’s aim is to provide more guidance for competitors wishing to cooperate in areas such as R&D and production, but also in sustainability initiatives.   What are the EU rules on horizontal…

Anticompetitive agreements, China, Resale price maintenance

(Hogan Lovells, China)/ /Leave a comment

On 29 May 2023, China’s antitrust authority – the State Administration for Market Regulation (“SAMR”) – published the decision against Zizhu Pharma on its webpage.  The company was fined by SAMR’s Beijing branch for engaging in resale price maintenance (“RPM”), the antitrust lingo for describing a supplier forcing its distributors to follow minimum resale prices. The Zizhu Pharma decision…

Anticompetitive agreements, European Commission, Guidance, Guidelines, Horizontal, Sustainability

(Baker McKenzie)/ /Leave a comment

The Commission has followed a Long and Winding carbon-free Road since only a few years ago when it seemed to favour the Status Quo and promoted a robust competitive process as the best way to guarantee sustainable outcomes for consumers. The final chapter on Sustainability Agreements in the EU Horizontal Guidelines clearly shows a Commission…

Anticompetitive agreements, European Commission, Guidelines, Horizontal, Sustainability

(Wolf Theiss)/ /Leave a comment

On 1 June 2023, the European Commission (‘Commission’) adopted the new Horizontal Guidelines (together with the new Horizontal Block Exemption Regulations), which contain a new dedicated chapter for the assessment of sustainability agreements. The new Horizontal Guidelines will enter into force following their publication in the Official Journal of the EU (while the new Horizontal…

Anticompetitive agreements, European Commission, European Court of Justice, European Union, Information exchange, Judicial review, Restriction by object, Rule of Law

, (Cuatrecasas)/ /Leave a comment

On January 12th 2023, the European Court of Justice (ECJ) issued its long-awaited judgment in C‑883/19 P HSBC v Commission setting aside the judgment of the General Court (GC) but confirming the European Commission’s finding that HSBC had participated in a cartel in the market for Euro Interest Rate Derivatives (EIRD). The judgment clarifies the procedural safeguards that…