Introduction The Competition Act, R.S.C. 1985, c. C-34 (“Competition Act”) requires that mergers, acquisitions and other business combinations that meet certain prescribed thresholds be notified to the Commissioner of Competition (“Commissioner”), the head of the federal Competition Bureau (“Bureau”), before they can be completed. A notification must be filed by each party to a notifiable…
On November 18, 2015, the Düsseldorf Court of Appeal quashed the decision of the Federal Cartel Office (“FCO”) that supermarket chain Edeka had abused its market power vis-à-vis suppliers by requesting special terms and conditions (“t&cs”) following its acquisition of discounter Plus in 2008 (so-called “wedding rebates”). The ruling is not yet published, only a…
It is common for commercial property leases to contain restrictions on how a tenant may use the leased premises. They may, for example, restrict the ability of the tenant to sell certain types of products, by specifying permitted uses (through a ‘permitted user’ clause) or prohibited uses (through a ‘restricted user’ clause). Alternatively, restrictions may…
“A strong and active antimonopoly authority is an incentive for undertakings to engage in prevention” – the President of the Polish Competition Authority presents his views on competition law compliance. Adam Jasser, the President of the Polish Competition Authority (UOKIK) has recently spoke to Bartosz Jagura of Viadrina Compliance Center about competition law compliance. It…
In a recent judgment, Property Alliance Group v Royal Bank of Scotland,[1]Property Alliance Group Limited v The Royal Bank of Scotland plc {2015} EWHC 3187 (Ch), available at http://www.bailii.org/ew/cases/EWHC/Ch/2015/3272.html. the High Court has ruled that legal advice privilege applied to documents created by external lawyers whilst advising clients on multiple investigations by competition authorities worldwide…
Belgian endives are a divisive vegetable: their bitterness delights some but repulses others. And even amongst Belgian endive enthusiast you’ll find some that prefer them raw – to maintain their crispness – while others like them cooked so that their bitterness comes out even more. But Belgian endives are no longer the exclusive battleground of…
The European Commission boldly announced its 2013 merger simplification package with the headline “Commission cuts red tape for businesses.” Nearly two years on , further refinement of the Commission’s procedures is needed to reduce the information required to be included in notification Form CO, and so shorten the time needed to “start the clock” on…
The EU’s Court of Justice has ruled (in Case C-345/14 Maxima Latvija) that a clause in a property lease, between a mall owner and a supermarket ‘anchor tenant’, which gives that tenant the ‘right to approve’ the granting of leases to competing stores is not anti-competitive ‘by object’. This means that any investigating authority/court would…
On 4th November, the European Commission published a far-reaching consultation (the Consultation) on proposals to boost the enforcement powers of national competition authorities (NCAs) and to address differences between national competition enforcement systems in the European Union. The Consultation builds on the 2014 Communication on Ten Years of Regulation 1/2003 (the Communication) but also reflects…
Any company or organisation that finds itself as the ‘middle man’ in contacts between competitors or which has dealings with such a middleman must take care, as a flurry of recent EU cases has demonstrated. Any company that directly facilitates those contacts is in very dangerous waters indeed. Cartel Facilitation In AC Treuhand, the European…
