Introduction The Authority for Consumers and Markets (“ACM“, the Dutch competition authority) was in 2017 – after years of silence – finally able to fine an undertaking for abuse of dominance. A heavy fine of almost € 41 million was imposed on the state-owned Dutch railway operator N.V. Nederlandse Spoorwegen (“NS“). According to ACM, NS abused…
Introduction In May 2019, Turkish Competition Authority (“TCA”) has published two reasoned decisions, namely Bfit Decision[1] and Minikoli Decision[2], in which it assesses the resale price maintenance (“RPM”) activities of the concerned undertakings. These decisions bear significance since they represent the TCA’s unstable approach towards RPM activities. In the aforementioned cases, the TCA adopted an…
While the Article 4 of the Turkish Competition Act prohibits the anticompetitive agreements, concerted practices and decisions, Article 5 covers the exemption from this prohibition as in the 101(3) of the Treaty on the Functioning of the European Union (“TFEU”). According to the Article 5 of the Competition Act, Turkish Competition Authority (“TCA”) can grant…
On a comparatively hot afternoon of 10th April 2019, the Delhi High Court (‘HC’) whilst dealing with the writ petitions filed by 10 parties of the Auto Parts order (‘order’)[1], pronounced a seminal judgement[2] about the constitutionality of various provisions of the (Indian) Competition Act, 2002 (‘Act’). By way of background, the Competition Commission of…
On January 30 2019, the Danish Competition Council (the “DCC”) found that ambulance services provider, Falck, had abused its dominant position under Article 102 TFEU. The DCC held that following a failed tender bid to the Region of Southern Denmark, the company devised a comprehensive internal and external communications’ strategy to make it difficult for…
In M&A transactions, the assessment of foreign investment filings routinely needs to be part of the diligence, including for industries that, at first glance, do not appear to be the most critical ones from a national security standpoint (e.g. consumer goods, dating apps, base chemicals and healthcare products). One of the challenges for companies and advisors is that new foreign investment regimes are…
Jio’s Onslaught of the Indian Telecommunication Market On 5th September, 2016 Reliance Jio Infocomm Limited(RJIL) (hereinafter referred as ‘Jio’) released its free data and voice scheme ‘Jio welcome offer’ which was further extended till December. Next, it introduced ‘Happy new year offer’ which extended the previous plan till 31 March, 2017. Even in 2018 and…
In 2018 the Turkish Competition Authority (“TCA”) had issued three landmark decisions regarding the Turkish electricity sector. These decisions concern the largest incumbent companies operating providing electricity distribution and retail sale services in various regions of Turkey, namely; CK[1], Enerjisa[2] and Bereket[3]. In these three decisions, the TCA had imposed total fines amounting to TRY…
The trend to digitalization has captured the economies of almost all progressive and developing countries and influenced activities of companies doing business in Russia, as well. As the Federal Antimonopoly Service (“FAS Russia”) stressed, the markets are becoming more complicated and digital. It means that virtually every company that has a computer could be considered…
The Federal Council aims at tightening up the Cartel Act in order to combat the foreclosure of the Swiss market and the price discrimination against Swiss corporate customers. For this purpose, the Federal Council has adopted a draft bill and a dispatch to Parliament addressing the people’s initiative “stop Switzerland’s high prices – the fair…
