Competition

A situation in a market in which firms or sellers independently strive for the patronage of buyers in order to achieve a particular business objective, e.g., profits, sales and/or market share. Competition in this context is often equated with rivalry. Competitive rivalry between firms can occur when there are two firms or many firms. This rivalry may take place in terms of price, quality, service or combinations of these and other factors which customers may value.

Source: OECD

Antitrust, Cartels, Competition

(WKB Wierciński, Kwieciński, Baehr, Poland)/ /Leave a comment

“A strong and active antimonopoly authority is an incentive for undertakings to engage in prevention” – the President of the Polish Competition Authority presents his views on competition law compliance. Adam Jasser, the President of the Polish Competition Authority (UOKIK) has recently spoke to Bartosz Jagura of Viadrina Compliance Center about competition law compliance. It…

Competition, Consumer welfare, Europe, European Commission, European Union, Mergers

(Baker McKenzie, Belgium)/ /Leave a comment

We have recently celebrated the 25th anniversary of the EU Merger Regulation, which came into force on 21 September 1990. Since that date, we have seen an exponential growth in merger control notifications at the European level – at least up until the financial crisis that began in 2008. The good news is that, to…

Antitrust, Competition, Enforcement, European Union, Germany

(Heinz & Zagrosek Partner mbB, Germany)/ /Leave a comment

This blog deals with the 2nd part of the FCO’s discussion paper on internet platforms: possible theories of harm and intervention of competition agencies. For the first part on general concepts please see my previous blog. Merger control The FCO explains that reducing the number of platforms may actually increase competition, due to the easier…

Competition, European Union

, (Gibson Dunn)/ /Leave a comment

On 6 October 2015, the European Court of Justice (ECJ) ruled in a case concerning rebates and when they fall foul of EU competition law. Background The case concerns Post Danmark and, unlike appeals against European Commission Decisions, came by way of a reference from the Danish High Court seeking formal guidance on the interpretation…

Canada, Competition

(Davies Ward Phillips & Vineberg LLP, Canada)/ /Leave a comment

Company H.R. functions, such as recruitment and compensation, are not typically regarded as antitrust “hot spots” (as opposed to sales and marketing). Recent cases in the United States, however, highlight how hiring practices can create the risk of competition law violations for companies and their H.R. personnel. Since Canadian competition law is similar to U.S….

Antitrust, Cartels, Competition, Dominance, Enforcement, Europe, Investigations, Poland, Policy

(WKB Wierciński, Kwieciński, Baehr, Poland)/ /Leave a comment

The Polish Competition Authority, which is the President of the Office of Competition and Consumer Protection (the “PCA”), has announced that, starting from 1 September 2015, it will be issuing statements of objections to undertakings and will set up an internal evaluation committee. These new tools are, in PCA’s own words, designed to “strengthen procedural…

Competition, European Commission

(College of Europe, Belgium)/ /Leave a comment

76th Lunch Talk of the Global Competition Law Center Monday, June 29, 2015 from 12:00 PM to 2:00 PM Seven Years of Settlement Decisions: an appraisal after the TIMAB judgment Flavio LAINA, DG COMP, European Commission Stephen SPINKS, Sidley Austin LLP Moderator: Denis Waelbroeck, GCLC & Ashurst LLP Programme: 12:00 – 12:30: Sandwich lunch and…

Antitrust, Competition, Consumer welfare, Enforcement

(RBB Economics)/ /Leave a comment

On 20 April 2015, the Dutch competition authority ACM published Guidelines on its enforcement priorities with respect to vertical restraints. The document contains a number of case studies intended to illustrate the types of cases that the ACM would or would not consider priorities for its enforcement. One case study is closely modelled on the…

Competition, Court of Appeal, United Kingdom

(St Johns Chambers, United Kingdom)/ /Leave a comment

It is not uncommon, where a multi-party infringement of competition law has been established and sanctioned by a competition authority for some, but not all, of the addressees of the authority’s decision to appeal that decision. Those appeals can be against the finding of infringement, whether in whole or part, and/or the penalty imposed. Where…

Competition, Mergers, United Kingdom

(St Johns Chambers, United Kingdom)/ /Leave a comment

In an earlier post, of 2 December 2014, in which I reviewed the Competition and Markets Authority’s (“CMA”) draft annual plan for 2015/2016, I observed that (as of that date) the CMA had not, since assuming the functions of the Office of Fair Trading and Competition Commission on 1 April 2014, opened a Phase II…