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
Like the European Commission, I am confident that the European Merger Simplification Project will bring benefits for clients. As many commentators have affirmed, I do not doubt that the increase of the currently applicable market share thresholds for the identification of horizontally and vertically “affected markets” by 5 per cent to 20% and 30% respectively…
On 31 January 2013, the European Commission (DG Internal Market) published a Green Paper on unfair trading practices in the business-to-business food and non-food supply chain in Europe. One of the issues that the Green Paper deals with is the use by some suppliers of territorial supply constraints – described as impeding retailers’ ability to…
On April 26, 2013, the State Administration for Industry and Commerce (“SAIC“) – one of China’s three antitrust law enforcement bodies – noted on its website that it had held a meeting with certain industry participants to obtain feedback on the latest draft Regulation on the Prohibition of Conduct Eliminating or Restricting Competition through Abuses of Intellectual…
The Chinese Ministry of Commerce (“MOFCOM“) has stepped up its merger control activities on many fronts in recent weeks, issuing ground-breaking decisions in the Glencore/Xstrata and Marubeni/Gavilon cases and circulating draft procedural rules for public consultation on merger remedies and on dealing with straightforward merger control cases. The new decisions On April 16, 2013, MOFCOM…
In March 2013, the President of the Polish Office of Competition and Consumer Protection (“OCCP”) published a new draft amendment to the Competition Act. If approved by the Council of Ministers, the draft will be sent to parliament and is likely to become effective by the end of this year. The changes are far-reaching and…
Article 101(2) TFEU states that agreements and decisions by associations of undertakings that contravene Article 101(1) TFEU are null and void. However, it is silent on the fate of concerted practices. Strikingly, apart from a tangential reference in the odd Opinion of an Advocate General or one Order of the President of the General Court,…
Here is an item on an important decision of Canada’s Competition Tribunal written by my partners George Addy, Sandra Forbes, John Bodrug and Jim Dinning. It is especially relevant for trade associations – Mark On April 15, 2013, the Canadian Competition Tribunal released its decision dismissing the Commissioner of Competition’s application against the Toronto Real…
Last week, the European Commission published on its website a revised explanatory note on how it conducts on-the-spot inspections of business premises where it suspects a company has breached competition law (so-called “dawn raids”). During a dawn raid the European Commission has the power to examine and copy not just hard copies of business records,…
Competition Law in Canada – Top 10 Issues for 2013 This is a post of an article written by my partners Anita Banicevic, Richard Elliott, Charles Tingley and me **************************************** 2012 was a busy year for competition law and policy in Canada. Below we consider how some of the important developments in 2012 will shape…
At the end of 2012 the Slovak Antimonopoly Office presented its future plans for public discussion. Various aspects such as the announced prioritisation of antitrust enforcement, the incentives for settlement of antitrust cases, the establishment of a division of Chief Economist, the introduction of the leniency program into law, are all fully in line with…
