The Competition (Amendment) Act, 2023 (Amendment) received Presidential assent on 11 April 2023, after it was passed by both houses of the Indian Parliament. The Amendment will take effect once the Central Government notifies its various provisions in the Gazette of India, possibly in a phased manner. Amendments that are to be clarified through regulations…
In a preliminary reference procedure stemming from a private cartel damages action in Spain, the European Court of Justice (‘ECJ’ or ‘the Court’) had to rule on the binding effects of national competition authorities’ (‘NCAs’) decisions for private enforcement as evidence before national courts. Besides, another question concerned the effects of the automatic nullity of…
The European Commission (the Commission) has launched a project to codify EU law on the application of Article 102 of the Treaty on the Functioning of the European Union (TFEU) to exclusionary abuses of dominant positions, such as exclusive dealing, tying and bundling, predatory pricing, refusals to supply and margin squeezes. The Commission published a…
The UK Parliament is poised to publish its Digital Markets, Competition and Consumer Bill (“the Bill”). The essential point is to place the UK Competition and Markets Authority’s (“CMA”)’s Digital Markets Unit (“DMU”) on a statutory footing and to set out the evidence standards applicable to it. The Bill will determine whether, how, and on…
On 9 March 2023, the Court of Justice of the European Union delivered its rulings in Les Mousquetaires and Casino, both cases dealing with the procedural safeguards that need to surround a dawn raid. Less than a month later, the European Court of Human Rights gave its view on the matter in UAB Kesko Senukai…
Colombia’s competition law and policy are usually subject to incremental changes, but 2022 was a watershed in terms of institutional change, legal reforms and cases that captured the media’s attention. This blog post overviews three main developments in Colombia’s competition law and policy – covering institutional, legal amendments and enforcement issues – and is not…
In 2018, the OECD and the Canadian Competition Bureau launched the Gender Inclusive Competition Policy project, which aimed to explore the interdependence between the gender perspective and competition policy. Seven research proposals were selected based on their interesting initial findings, which provided specific examples of how competition policy might benefit from adopting a gender perspective….
On 22 February, the District Court of Amsterdam decided to refer preliminary questions to the Court of Justice of the European Union (CJEU) in order to receive guidance enabling it to assess the legality of the EU antitrust rules of price parity clauses (PPs) used by Booking.com, an online travel agent platform (OTA).* More specifically,…
On 22 November 2022, the UK Competition and Markets Authority (CMA) decided to refer the supply of mobile browsers and mobile browser engines and the distribution of cloud gaming services through app stores on mobile devices for an in-depth ‘phase 2’ market investigation. The market investigation regime enables the CMA to investigate competition issues that…
The last few weeks have been momentous for Indian competition law – the Competition (Amendment) Act, 2023 (Amendment) received Presidential assent on 11 April 2023, after it was passed by both houses of the Indian Parliament. The lead-up to this moment was almost five years in the making. The Amendments are a product of extensive…
