Legal change sometimes takes unpredictable paths: mid-April, something important happened for European law in Luxembourg, but this did not come from the European Court of Justice (the “ECJ”). Not every reader of this blog is necessarily aware that the ECJ has a sister European Court in Luxembourg, which is called the EFTA Court. This Court…
The Institute of European and International Business Law from the University of St.Gallen, Switzerland is pleased to invite you to the 19th St.Gallen International Competition Law Forum ICF on June 7th and 8th 2012. Once again, leading experts in national, European and international competition law will come together to discuss and share their ideas on…
At the end of March, the European Commission fined Czech energy companies Energetický a průmyslový and EP Investment Advisors EUR2.5 million for obstructing a dawn raid which European Commission officials carried out as part of an antitrust investigation. This is the first time that the European Commission has fined a company for the specific violation…
On 15 March 2012, almost exactly a year after it launched its consultation concerning possible reforms to the UK competition regime, the UK Government’s Department for Business, Innovation and Skills (“BIS”) announced the changes that it had decided to implement, with the intention of developing and improving the competition regime in the UK. There will…
That the ECJ rejected Tomra’s appeal was unsurprising. The strictures of the EU case law on illegal rebates for dominant companies is well known. The case law of the Court takes a near per se approach to condemning any rebate scheme linked to exclusivity, substantial volume purchases or stretch targets, taking the view that by…
Published on November 30, 2011, Law No. 12529/11 (the New Brazilian Antitrust Law – NBAL) has been the object of criticism and skepticism by players from several fronts. In short, important matters such as the challenge of structuring and training the staff of “Super CADE”, and “innovations” in the procedural arena may lead to disputes…
There have been two big pieces of news in the UK recently: the resignation of John Fingleton, the chief executive of the Office of Fair Trading, and the heavily-trailed announcement of the newly merged OFT and Competition Commission, now called the Competition and Markets Authority (CMA). The link between the two events is probably only…
In March 2011, the U.K. Government Department for Business, Innovation and Skills (“BIS”) consulted on proposed reforms to the U.K. competition regime. The objectives were lofty (“improving the robustness of decisions,” “supporting the competition authorities in taking forward high impact cases,” and “improving speed and predictability for businesses”) and the proposals in part structural (most…
Competition authorities are forever looking to be more efficient. With limited resources and an almost unlimited supply of complaints and applications for immunity, the premium attached to efficiency in antitrust enforcement has never been greater. From the publication of decisions to the issuance of guidelines, and from the promotion of private enforcement to the giving…
Steffano Grassani wrote a thoughtful response to my post on the Italian Pfizer decision. His discussion helps to crystallize some of the key issues raised by the case that merit some further consideration. Clearly, Steffano is right that misleading patent authorities is not the only possible patent related abuse. However, it must also be true…
