On 26 September 2013, the Court of Justice of the European Union (“CJEU”) issued two important judgments (Case C-172/12 P, El du Pont de Nemours and Others v Commission and Case C-179/12 P, Dow Chemical v Commission) in which it confirms that a parent company can be held liable and fined by the European Commission…
The Canadian Competition Act prohibits various types of anti-competitive agreements between competitors. For example, it is a criminal offence for competitors to fix prices, allocate markets, and/or restrict output. Civil proceedings can also be brought against competitors who enter into any other type of agreement that has the effect of substantially preventing or lessening competition….
Cartel enforcement in Canada is heavily dependent on the use of informants. This is explained by two principal factors. First, cartel conduct is, by its very nature, secretive and carried out in the shadows of business life. Second, Canada’s Competition Bureau, which is responsible for investigating cartels, is subject to budget constraints that limit its…
On 24 July, the Commission published the non-confidential version of the decision in the Hutchison 3G Austria/Orange Austria case. The case, cleared subject to commitments following a Phase II investigation, represents a significant development in the Commission’s merger enforcement policy because, for the first time, the Commission has applied an Upward Pricing Pressure (UPP)-analysis as…
On 25 June 2013, the European Commission launched a public consultation entitled “Towards more effective EU Merger Control” in which the Commission proposes to (i) expand its powers to review non-controlling minority interests and (ii) streamline the case referral system between the Commission and NCAs. The proposals in respect of minority shareholdings will have a…
Over the course of July and August, private practitioners and members of DG COMP alike leave Brussels for a few well-deserved weeks of holiday rest and recuperation. What reading material should the discerning competition specialist take to the beach this Summer? He/she could do worse than District Judge Cote’s Opinion in United States of America…
In its decision of 25 June 2013, the Polish competition authority (Prezes Urzędu Ochrony Konkurencji i Konsumentów, the “PCA”) has fined Sfinks Polska the amount of PLN 464,228.92 (approximately €107,000) for imposing fixed resale prices on its franchisees. It is worth noting that, while it is just one of many PCA decisions regarding vertical pricing…
Bid rigging has for a long time been a merely theoretical example of criminal liability in Czech Antitrust law without any actual cases decided. Until 2010 with the introduction of criminal liability for hard-core horizontal cartels, this was one of the very few cases of cartels where one could actually think of criminal liability of…
Over the last two months, the Commission has been market testing commitments that Google has offered to resolve the Commission’s pending investigation. Many have made thoughtful comments (see for example here, here, and here). But there has also been criticism from the corner of some of Google’s competitors. I represent Google in the Commission’s proceedings…
On 5 June 2013, the Spanish Congress approved the creation of a new Spanish competition authority: the National Commission on Markets and Competition (Comisión Nacional de los Mercados y la Competencia, “NCMC“). The NCMC will merge the current competition authority (the NCC) and the six regulators governing energy, telecoms, audio-visual, postal, rail and airport services….
