As you are aware, the UK will be leaving the EU this Friday 31 January (Exit Day). The CMA has published guidance on how Brexit affects the CMA’s powers and processes for antitrust enforcement and merger control during the Transition Period, towards the end of that period, and after it ends. The guidance also explains…
Although criminal liability for cartels was introduced into the Russian criminal law more than twenty years ago (in 1997), it is fair to note that, nowadays, this system does not work appropriately, nor effectively. Over the years, criminal sanctions in Russia for cartels have been very rarely used in practice. Every year, the FAS[1] renders…
Background On 20 December 2019, the Dutch Authority for Consumers & Markets (ACM) published a decision in which the commitment to dissolve the joint venture Port Towage Amsterdam (PTA) by two port towing undertakings was confirmed. This joint venture was created by the undertakings Svitzer and Iskes. ACM believed that the cooperation between the two…
The Davies Forecast of Top 5 Trends and Issues for Canadian Competition Law in 2020 Jim Dinning, Anita Banicevic and Mark Katz Here is Davies’ annual forecast of Canadian competition law developments for the year ahead. 1. FOCUS ON THE DIGITAL ECONOMY Given the Competition Bureau’s stated priorities during the tenure of current Commissioner of…
I. Introduction Algorithms may raise competition concerns especially when assessing collusive practices. Very often, the term “algorithm” is used improperly. When we imagine the cartels of the future, we are not talking, in fact, about a simple “algorithm”, which in itself is a neutral instrument. Rather, we refer to much more specific techniques for implementing…
CICRA stands for Channel Islands Competition and Regulatory Authorities. This is the competition authority for Jersey and Guernsey, small island jurisdictions located between France and England. CICRA comprises the Jersey CRA and the Guernsey CRA. Both jurisdictions have separate and different merger control legislation, including different merger thresholds. On 21 January 2020, CICRA issued approval…
UK Competition Appeal Tribunal Judgment: Pushing the Envelope on Abuse of Dominance The CAT’s Royal Mail v Ofcom judgment considers what constitutes abusive conduct, the “as-efficient competitor” test, and the use of expert economic advice. On 12 November 2019, the UK Competition Appeal Tribunal (the CAT) published its judgment rejecting Royal Mail’s appeal against…
2019 was an eventful year in Spanish antitrust enforcement. Here is a brief overview of 2019’s major legal changes and relevant developments in relation to Competition law in Spain, as well as what to expect in 2020. I. New Administration On 8 January 2020, Mr Pedro Sánchez was reappointed as Spanish Prime Minister….
The Bulgarian Commission for Protection of Competition (“BCPC”) imposed a fine amounting to BGN 315 612 the National Electricity Company EAD (“NEK”) for abuse of dominance – infringement of Art. 21, para. 1 of the Bulgarian Competition Protection Act (“BCPA”) (corresponding to Art. 102 TFEU). The BCPC found that NEK unilaterally and unjustifiably modified the…
Dawn raids may become a nerve-racking experience for companies that are under scrutiny of competition authorities and their employees. During a dawn raid, which is performed without prior notice, employees of the relevant undertaking who lack proper training may act in a way that can expose their companies to monetary fine. Dawn raids are often…
