On January 20, 2016, the European Court of Justice (the Court) issued a seminal preliminary ruling on the relationship between EU and Member State leniency programmes in Case C‑428/14, DHL Express (Italy) Srl and DHL Global Forwarding (Italy) SpA v. Autorità Garante della Concorrenza e del Mercato (AGCM). The Court held that EU and Member…
The COMPAT’s recent judgment in Hiranandani contains several important lessons for the Indian antitrust community. The case reflects the CCI’s desire for strong enforcement and effective deterrence of exclusive contracts in strategically important sectors (hospital services). And it reflects effective judicial control by the COMPAT of the CCI’s process, institutional design, and analysis. COMPAT’s lessons…
Eturas runs the e-commerce back-end of 30 travel agents in Lithuania. An administrator message to each member informed them that the e-commerce functionality allowing each travel agent to grant discounts would be capped at 3 per cent. That message appeared in part of the system relating to “information messages”. The Court of Justice found that…
Timur Bondaryev and Lana Sinichkina, Arzinger On January 26, 2016 Ukrainian Parliament adopted the law amending Ukrainian merger control rules. The law increased notification thresholds which have been effective for over 14 years after they were introduced in 2002. The current financial thresholds test is substituted by the two new alternative ones (either A or…
On 3 December 2015, the Council of the European Union and the European Parliament (EP) approved a long-awaited regulation reforming the General Court of the European Union.[1]Council press release (886/15) of 3 December 2015, Court of Justice of the EU: Council adopts reform of General Court. This press release contains a link to the text…
When your company is raided by an antitrust regulatory agency, what recourse do you have? At first, the answer from the ECJ and the European Court of Human Rights (ECtHR) was “not much”, as companies were not afforded the right to privacy. Over time, though, both courts have come to recognise that safeguards must be…
The FCO has ended the year 2015 with quite a bang when it prohibited internet hotel portal booking.com to continue to use its “narrow” best-price clauses on December 23, 2015. The decision includes an order to remove this clause in general t&cs and contracts by the end of January 2016 as far as hotels in…
Marcel Meinhardt and Astrid Waser, Lenz & Staehelin, Switzerland The Swiss Federal Administrative Court (“FAC”) recently passed two new judgments on vertical agreements. In the first judgment, the Court endorsed its previous Gaba case law and confirmed a sanction against BMW AG (“BMW”) amounting to CHF 156 million for restricting direct and parallel imports….
One of the most important issues which are being investigated by the CCI is the treatment of vertical agreements. In one of my earlier posts (http://kluwercompetitionlawblog.com/2015/06/28/competition-commission-of-india-initiates-investigation-in-relation-to-resale-price-maintenance-impact-on-business-operations/), it was shown how the CCI is referring certain cases for further investigation, the outcome of which will certain change the landscape in which business is run in India….
Hong Kong’s first cross-sector competition law – the Competition Ordinance (“Ordinance”) – finally came into full force on 14 December 2015. The Ordinance became law in June 2012, initially bringing into effect only the provisions allowing for the regulatory framework to be put into place. Over the two and a half years run up to…
