The EU’s General Court issued on 14 November two important judgments regarding the extent of the European Commission’s powers to dawn raid companies for suspected competition law infringements (Case T-135/09 Nexans v Commission and Case T-140/09 Prysmian v Commission). The Court held that the European Commission must precisely delimit the products concerned by a dawn…
The Romanian Competition Council (“RCC”) accepted the commitments undertaken by PROGAZ P&D SA in view of relieving the concerns regarding infringement of the antitrust rules by abuse of a dominant position on the local market of natural gas installations planning and execution and closed the related investigation.[1]Decision no. 50 of 05.09.2012 of the Romanian Competition…
In the context of antitrust and cartel investigations, electronic data or computer-generated information often has the highest evidential value and potentially the highest impact on the outcome of the investigation. For this reason, when conducting surprise inspections at the premises of a suspected undertaking, electronic data is often the first target of the Commission. Companies…
Almost two years into application of the new Croatian Competition Act (“Act”), the Croatian Competition Agency (“CCA“) has for the first time penalized undertakings involved in anticompetitive conduct. Under the previously applicable Competition Act (in force between 2003 and 2010), the CCA was authorized solely to establish a violation of competition law. A separate fining…
Over the last decade, the patent landscape has been dramatically altered by the rise of entities whose business model is to acquire significant patent portfolios and aggressively pursue license fees from businesses selling products that may infringe on some of those patents. Such companies are known as “non-practicing entities” (NPEs) or “patent assertion entities” (or,…
According to standard economic theory, unfettered free markets lead to an efficient allocation of resources. Importantly, this result is generally taken to hold only insofar as market failures are absent. One of these failures, market power, is defined as the ability to elevate prices above competitive levels for a significant period of time. Generally speaking,…
Right now, the leitmotif in the competition world is the anger of the ordinary citizen. You thought this was an arena dominated by sober minded analysts, regulators and business executives? Think again. Take, for instance, the investigation into Britain’s retail road fuel industry – worth about £32bn – currently being conducted by the UK’s Office…
After a long period of political deadlock, the Belgian Government is finally moving the reform of the Belgian Competition Authority to the top of its priority list. At the heart of the political battle is the old question what or whom the Authority should seek to protect: the competitive process or the end consumer? Reforms…
On 19th of April 2011, the Romanian Competition Council (the “RCC”) closed the investigation against the Romanian Football Federation and its members, as well as against the Football Professional League and its members regarding the potential breach of the Romanian and European antitrust rules by joint commercialisation of the commercial rights on football competitions, following…
Many new economic analysis tools have been introduced, particularly for merger analysis during the last decade. Some of these tools have also raised considerable public interest. For instance, probably not many have avoided hearing of the UPP test, and undoubtedly many are already familiar with the meaning of the abbreviations GUPPI, IPR and CMCR. The…
