The approach to access to file and who can receive what information can deviate by jurisdiction which can be particularly relevant in international antitrust cases. The ongoing Qualcomm case is a good example for that. Qualcomm is currently under investigation by several competition authorities, allegedly refusing to licence standard essential cellular patents to competitors on…
The GC’s decision of 14 September 2017 relates to a complaint filed with the European Commission (‘EC’) by Contact Software, a German software supplier of Product Data Management (‘PDM’). Contact Software alleged an abuse of dominance by Dassault Systèmes (‘Dassault’) and Parametric Technology Corp (‘Parametric’), as they refused to provide Contact Software with interface information…
In short: The Background: In September 2017, the European Court of Justice (Case C-413/14 P) reversed the ruling of the General Court, which had upheld the European Commission’s €1.06 billion fine on Intel for abusing its dominant position on the market for x86 central processing units. The Main Issue: The Intel case prompted much debate…
Being a policeman is a difficult job at the best of times. Suspects inevitably think that they are innocent and resent the perceived unjustified intrusion on their law-abiding activities. At least the policeman can take some satisfaction from looking the victim in the eye and knowing that they have improved that person’s lot. One may…
On September 13, the European Commission (Commission) proposed a regulation creating a new framework for screening foreign direct investments into the European Union (EU). The proposal would address the potential for divergence among existing Member State screening mechanisms and create a new oversight role for the Commission itself. The framework could affect acquisitions in a…
On 7 September 2017, the European Court of Justice issued its preliminary ruling in Case C-248/16 Austria Asphalt. The judgment clarifies that a change from sole to joint control over an existing undertaking is a notifiable concentration under the Merger Regulation only if the resulting joint venture will be a “full function” joint venture post-transaction….
On 6 September, the EU’s highest court, the Court of Justice (CJEU), released its long-awaited decision in the Intel case, in which the Commission imposed a fine of €1.06 billion – at the time, the largest fine ever imposed by a competition regulator on an individual company. This is a very important decision in light…
Introduction The Director of Public Prosecutions (DPP) has decided to appeal the sentences imposed by the Central Criminal Court (the Court) on 31 May 2017 in Ireland’s first bid-rigging criminal cartel case. The grounds are “undue leniency” under section 2 of the Criminal Justice Act 1993. At first glance the case looks straightforward. The sentence…
On 14 August 2017, the National Development and Reform Commission (“NDRC“) released a draft of the Guidelines on Pricing Conduct by Business Operators for Drugs in Shortage and Active Pharmaceutical Ingredients (“Draft Guidelines“). NDRC is seeking comments on the Draft Guidelines until mid-September. One day later, NDRC made public the full text of its decisions…
The German Federal Cartel Office (“FCO”) has published its sector inquiry report in cement and ready-mix concrete (link to English press release). While the report targets the cement and ready-mix concrete sector and its particularities (e.g., cartel history, oligopolistic markets, vertical integration, homogenous products), it may provide some insights into the FCO’s approach in general,…
