Jurisdiction

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

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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, Advantage, Advertising, App stores, Apple, Digital economy, Digital markets, Digital Markets Act, Digital Services Act, European Commission, European Union, Ex ante regulation, Facebook

(University Villanueva, Spain)/ /Leave a comment

The wheels of the DMA have started turning and so have the International Law Talk episodes. I had the pleasure to interview Assimakis Komninos following the Commission’s press release establishing the economic operators that it had designated as gatekeepers under the DMA. This triggering event gave us the excuse to talk about a range of…

Abuse of dominance, Cybersecurity, European Commission, European Union, Innovation, Tying and Bundling

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After the rumor mill had been bubbling for weeks in advance, it became official at the end of July 2023: the European Commission announced on its website the initiation of official antitrust proceedings against the US software giant Microsoft due to possible anti-competitive behaviour in relation to Microsoft Teams. The legal background of the EU…

Abuse of dominance, Commitments, Effects-based, European Commission, European Union, Investigations, Market definition, Tying and Bundling, Unfair trading practices

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Factual background During the summer of 2020, news came out about a claim made by Slack against Microsoft for abusing its dominance by tying Teams to the Microsoft and Office 365 software packages. The claim at the time was that Microsoft had been forcing millions of users to install Teams and denied them the possibility…

India, Merger control, Merger fees, Merger notification, Merger regulation, Mergers

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The Indian merger control framework is governed by the Competition Act, 2002 (Act) and The Competition Commission of India (Procedure in regard to the transaction of business relating to combinations) Regulations, 2011 (Combination Regulations). To re-align with evolving regulatory needs and streamline processes, Combination Regulations have been reformed periodically. Earlier this year, the Competition (Amendment)…

Cartels, Germany, National competition authorities (NCAs), National court, Private enforcement

(Clifford Chance)/ /Leave a comment

Introduction In the latest Judgement by the German Federal Court of Justice (FCJ) regarding Section 33g of the Act against Restraints of Competition (“ARC”) in BGH, Urt. v. 4.4.2023, KZR 20/21 – Vertriebskooperation im Schienenpersonennahverkehr (“Judgement”), which was added by the 9th Amendment of the ARC in 2017 and revised by the 10th Amendment of…

Competition and Markets Authority, Litigation, Price fixing, Unfair prices, United Kingdom

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Many competition authorities would have given up on excessive pricing cases when the Competition Appeal Tribunal (the Tribunal) annulled a fine of more than £80m which the UK Competition and Markets Authority (CMA) had imposed on Pfizer and Flynn for increasing prices for Phenytoin sodium capsules by 700-2,600%. Many, but not the CMA. The UK’s…

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…

Competition enforcement, Enforcement, United States of America

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On July 14, 2023, the Federal Trade Commission, announced the withdrawal of two antitrust policy statements related to enforcement in healthcare markets: Statements of Antitrust Enforcement Policy in Health Care, published in August 1996, and Statement of Antitrust Enforcement Policy Regarding Accountable Care Organizations Participating in the Medicare Shared Savings Program from October 2011. This…

Abuse of dominance, Book review, European Union

(University Villanueva, Spain)/ /Leave a comment

Platform regulation and the functioning of ecosystems have been two elusive concepts to tackle from a neutral perspective, away from the polarised narratives advocated by different schools of thought on both sides of the Atlantic. The General Court’s rulings in both Google Shopping and Google Android are good proof of that. Against this titanic challenge,…