Intro / Summary The Dutch Trade and Industry Appeals Tribunal (College van Beroep voor het bedrijfsleven, “CBb”) reduced a fine imposed by the Dutch Authority for Consumers & Markets (“ACM”) on an unidentified undertaking with 99%, from €1 million to €10.000,-. The ACM asked the court to lower the fine, after being urged by the…
In brief: Industry collaborations that involve restrictions on supply of goods or services are likely to be per se illegal under Australian competition law. However, businesses can seek to self-assess legal risks under the joint venture exception to cartel conduct or seek to have proposed cartel conduct authorised (approved) by the Australian Competition and Consumer…
The General Court’s awaited ruling in the Apple[1] case contains some surprising parts, and it is not easily reconciled with case law from this Court and from the Court of Justice. But as in the Fiat[2] and Starbucks[3] cases, it reveals an impressive effort to analyse the issues at depth. The facts are described in…
I. Artificial intelligence and pricing practices The great Stephen Hawking said that the risk with Artificial Intelligence (AI) is not that it is malign but that it is competent. Certainly, AI has the potential to transform the way we live and interact with other people, and ultimately transform society. The debate on the challenges brought…
On May 29, 2020, the National Company Law Appellate Tribunal (“NCLAT”) rendered a decision in the matter of Samir Agrawal v. CCI & Ors. wherein it inter-alia, ruled that the locus standi to approach Competition Commission of India (“Commission”) under the Competition Act, 2002 (“Act”) lies only with a person “who is either a consumer…
Some cases just have it all; the Apple case is one of them. First, size: at more than thirteen billion euros, the recovery order Ireland had to enforce dwarfed the previously biggest one (EDF, at around one billion euros). Second, international political implications: the case ignited transatlantic tensions between the EU and the USA, both…
Introduction On 9 July 2020 the Netherlands Authority for Consumers and Markets (‘ACM’) published its draft sustainability guidelines (‘Draft Guidelines’) containing ACM’s proposed approach of assessing the compatibility of sustainability initiatives with competition law. A new feature in the Draft Guidelines is the proposal to take into account in the competition law assessment of environmental…
On 29 June 2020, the European Commission (“EC”) adopted a third amendment to the Temporary Framework of 19 March 2020 (“Temporary Framework”) to extend the options available to Member State governments seeking to support their economies further. Specifically, the assistance covers aid for smaller companies as well as means of encouraging additional investment from the…
Introduction On 20 May 2020 the Dutch competition authority (“ACM”) conditionally cleared a new joint venture between transport company Pon Netherlands B.V. (“Pon”) and Dutch rail operator NS Groep N.V. (“NS”) creating a Mobility as a Service (“MaaS”) platform. The case was referred to the ACM by the European Commission (“Commission”) under Article 9 of…
We are happy to inform you that the latest issue of the journal is now available and includes the following contributions: Eva Van Der Zee, Quantifying Benefits of Sustainability Agreements Under Article 101 TFEU Discussions at the European Commission, in academic journals as well as at conferences for academics and practitioners, indicate that there…
