On October 1, 2015, the FCO published a paper entitled “Digital economy – internet platforms between competition law, privacy and consumer protection” on the occasion of a conference of the working group competition law (consisting of experts from the FCO, German ministries, other competition authorities, academia and judges). The paper discusses various competition law issues…
The first Post Danmark case in 2012[1]Case C-209/10, available here: http://curia.europa.eu/juris/document/document.jsf?text=&docid=121061&pageIndex=0&doclang=EN&mode=lst&dir=&occ=first&part=1&cid=148291 brought about a modest antitrust revolution on Article 102 applicable to discrimination. Rarefied economic concepts were confirmed. Price discrimination as a standalone abuse was all but confined to a historical footnote in antitrust textbooks, to be replaced by a predation type test. Article 102…
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…
On 1 October 2015, the Consumer Rights Act 2015 (“CRA 2015”) entered into force. The CRA 2015 makes numerous changes to consumer rights laws in the United Kingdom. Of particular interest to competition practitioners and litigators are the provisions on private actions in competition law, contained in section 81 of and Schedule 8 to the…
On 15 September 2015, the Ukrainian competition authority, the Antimonopoly Committee of Ukraine (the AMCU), adopted Recommendations on approaches for calculation of fines for competition law infringements (the Recommendations). This long-awaited step is the result of active public discussions initiated by the AMCU and by the Ukrainian legal professionals’ community. This event is of great…
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….
Co-authored by Patrick Harrison and Lara Kaplan, Sidley Austin LLP. The European Commission (“Commission”) introduced its settlement procedure for cartel cases back in 2008.[1]Commission Regulation (EC) No 662/2008 of 30 June 2008 amending Regulation No 773/2004, as regards the conduct of settlement procedures in cartel cases (OJ 2008 L171) (“the Settlements Notice”). The main aims? …
What and when? The Commission has adopted amendments to a number of its key procedural rules in order to bring them into line with the EU Directive on Damages Actions, which was adopted in 2014 and must be incorporated into the national law of EU Member States by 27 December 2016. The amendments focus on…
On 30 September 2015, the Act on Control of Certain Investments (the “Act”) enters into force. The Act aims to create mechanisms to protect against hostile takeovers of companies operating in key sectors of Polish economy. According to the Act, prior to the acquisition of shares of strategic companies (including the acquisition of proprietary interests…
Standards lie at the heart of the digital economy – without standards, we would not have smartphones, tablets and other key parts of modern life. Europe’s highest court recently delivered a judgment in Huawei v. ZTE[1]Judgment of the Court of Justice of 16 July 2015 in Case C‑170/13, Huawei Technologies Co. Ltd v. ZTE Corp….
