Public discussion on merger control in the last few years of has put the spotlight on two elements of contemporary merger analysis: market definition and market concentration, of which the former has raised considerable debate, in particular. It has been asked if market definition has de facto become superfluous to merger analysis due to some…
On 13 September, the Commission published its decision of 31 March 2011 in China National Bluestar/Elkem. After DSM/Sinochem/JV (decision of 10 May but published in June), this was the second published decision which dealt in some detail with the question how to treat Chinese State-owned Enterprises or SOEs under the EUMR. The question has both…
The past decade has seen a flurry of articles published trying to make sense of the degree of control that the EU Courts exercise on complex economic reasoning. By contrast, much less has been written about the Courts’ unlimited jurisdiction on fines, which allows them to increase or decrease the financial sanctions imposed by the…
Naturally, we all want change to be orderly. This is particularly true when something goes wrong and someone official has to come in and sort it out. Take, for instance, the heat stabilisers cartel case. Earlier this month, the European Commission revoked the €101m fines it had originally imposed on Ciba / BASF and Elementis…
To commemorate his first year in office as Competition Commissioner, Mr. Almunia and José openly discuss current and future competition policy issues.The full interview for World Competition is posted in Mr Almunia’s webpage http://ec.europa.eu/commission_2010-2014/almunia/index_fr.htm Amongst the varied topics covered in this interview the following are worth highlighting: Fines and Damages for Competition law infringements; the…
The European Commission’s Phase II decision of 17 November 2010 concerning Syngenta’s acquisition of Monsanto’s sunflower seeds business raises a number of questions. First, it took the European authorities long to decide who should review the case. The transaction was signed in August 2009 – it did not have an EU dimension and was notifiable…
Lawyers do funny things to words. Sometimes, of course, they need to create a technical term to cover something that doesn’t exist in ordinary parlance. “Tort” is an obvious example. Yes, you can talk about a civil wrong that has no element of contract to it but that’s a longwinded way of expressing yourself. Most…
Consumer belief in all regulation and its efficacy has taken such an enormous battering following the banking crisis that regulators have to look more like policemen and less like flunkeys if they want to be taken seriously.
In a recent judgment of December 15, 2010, the General Court had an opportunity to discuss the competitive analysis of aftermarkets. At issue in that case were complaints by independent watch repairers that they were unable to obtain spare parts from manufacturers of luxury watches. The Commission rejected these complaints inter alia on the ground…
Co-authored by: David Little The U.K. Court of Appeal has recently rebuffed an attempt by Plaintiff’s firm, Hausfeld, to bring a collective “opt out” style action using Rule 19.6 of the CPR rules (Emerald Supplied Limited v. British Airways [2010] EWCA Civ. 1284). The claim arose from the European Commission’s investigation into the alleged air cargo…
