Antitrust, Competition, United Kingdom

(St Johns Chambers, United Kingdom)/ /1 Comment

In competition investigations, competition authorities receive substantial amounts of confidential business information, some of which will be commercially very sensitive. This information may be used in economic modelling or otherwise be used by the authority to identify anti-competitive conduct, effects or market structures. Some information may be exculpatory. In a recent judgment (BMI Healthcare and…

United Kingdom

(Clifford Chance)/ /1 Comment

On 9 August 2013, the OFT issued draft commitments in the Hotel Online Booking investigation.  The OFT has investigated the relevant markets for over 2 years and has provisionally found that certain hotels were restricting the ability of their distributors to offer consumers discounts on standard rates for hotel rooms.  The case raises interesting questions…

Antitrust, Competition

(White & Case, Belgium)/ /Leave a comment

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…

Bid-rigging, Canada

(Davies Ward Phillips & Vineberg LLP, Canada)/ /1 Comment

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….

Antitrust, Cartels, Competition, Enforcement, Investigations, Leniency

(Davies Ward Phillips & Vineberg LLP, Canada)/ /1 Comment

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…

European Commission, Mergers

(RBB Economics)/ /Leave a comment

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…

Competition, Europe, European Commission, European Union, Mergers

(Baker McKenzie, Belgium)/ /Leave a comment

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…

United States of America

(Latham & Watkins LLP)/ /Leave a comment

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…

Antitrust

(WKB Wierciński, Kwieciński, Baehr, Poland)/ /1 Comment

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…