Jurisdiction

Abuse of dominance, Damages, Digital markets, Google, Jurisdiction, Netherlands, Private enforcement

, , (Stek)/ /Leave a comment

In a recent judgment of 31 May 2023, the Amsterdam District Court (the District Court) accepted jurisdiction to adjudicate a damages case against Google Netherlands B.V. (located in Amsterdam) as well as against Google LLC and Alphabet Inc., two US-based entities that were fined by the European Commission in the Google Shopping case for abuse…

Abuse of dominance, Chile, Digital competition, Digital markets, Investigations, Latin America, Market definition

(Universidad Diego Portales)/ /Leave a comment

Introduction Latin America as well as Chile, have developed a nascent practice in digital markets in the last years. According to a recent survey, between 2015 and 2023 Latin American competition authorities have led 99 investigations, including enforcement activity (both regarding cartel and unilateral conduct) and advocacy. In the case of Chile, the competition authority…

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…

Czech Republic, Enforcement, Enlargement, Estonia, Hungary, Latvia, Lithuania, Memorandum of Understanding, Moldova, Poland, Romania, Rule of Law, Slovakia, Ukraine

(University of Amsterdam) and (State University of Trade and Economics and Max Planck Institute for Innovation and Competition)/ /Leave a comment

In April 2023, a Memorandum was signed between the competition authorities of eight Member States (Poland, Czechia, Estonia, Hungary, Latvia, Lithuania, Romania and Slovakia) and the competition authorities of the newest EU candidate countries Moldova and Ukraine for regional cooperation in the field of competition policy. The main objective of this initiative was to promote…

Digital, Digital economy, Merger control, Merger regulation, Merger Thresholds, United Kingdom

(Arthur Cox)/ /Leave a comment

This article discusses how the CMA has reached a ‘tipping point’ in ‘Big Tech’ merger enforcement, what the Competition Appeals Tribunal could do in Microsoft v Competition and Markets Authority to recentre and refocus the CMA’s work, and why this all matters to digital markets, and beyond.                …

Competition law, Competition policy, Switzerland

, (Lenz & Staehelin)/ /Leave a comment

The Swiss government aims at a partial revision of the Swiss Cartel Act. Now that the consultation process is completed, the Federal Council has unveiled its draft legislation. The revision aims at modernizing merger control and strengthening private damage litigation. The draft legislation remarkably also provides for a re-introduction of the effects test for hardcore…

Digital competition, Digital economy, Digital markets, India, Merger control, Merger Thresholds

(Guru Nanak Dev University)/ /Leave a comment

India is the third largest start-up ecosystem in the world with multiple firms operating across different sectors in the country. In 2022, Indian start-ups raised nearly USD 24 billion, more than twice the funds raised in 2020 (USD 10.9 billion) and 2019 (USD 12.8 billion), despite the challenging market conditions. The top five sectors that…

Jurisdiction, National court, Netherlands, References for a preliminary ruling

(Lindenbaum)/ /Leave a comment

Introduction The MTB/Heineken case concerns the question of whether a claimant in EU antitrust follow-on damages proceedings can use a parent company that is not addressed in an authority’s fining decision as an anchor defendant for jurisdiction under the Brussels Ibis Regulation. The Dutch Supreme Court intends to refer preliminary questions on this topic to…

Digital competition, Digital economy, Digital markets, Digital Markets Act, Türkiye

, , , (ACTECON)/ /Leave a comment

Introduction In line with the global trend, the Turkish Competition Authority (TCA) has recently displayed a remarkable level of interest in addressing competition concerns in digital markets. Maybe being one of the months where the output of the TCA has peeked its highest, in April 2023 the TCA announced (i) the publication of the Preliminary…

Labour market, United Kingdom

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

In a policy paper on “Smarter Regulation to Grow the Economy”, the UK government has announced proposals to limit the duration of non-compete clauses in employment contracts to three months. This proposal reflects the growing concern worldwide concerning the use of non-competes. Earlier this year, the FTC in the US took even more extreme action…