Market definition, Türkiye

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The products and services surrounding mobile phones (e.g. mobile apps, browsers, search engines) have already proved to be a separate marketing tool for undertakings. This has triggered and created new challenges for competition law enforcement. Indeed, the competition authorities have had to deal with defining new relevant product markets and evaluating their market dynamics. In…

Cartels, European Commission

(Kirkland & Ellis, Belgium)/ /Leave a comment

The EU General Court recently upheld an infringement decision of the EU Commission (EC), in which the investment bank Goldman Sachs (GS) was found jointly and severally liable for violating Article 101 TFEU as a result of indirectly owning / holding a stake in Prysmian, a company who participated in cartel activities relating to high…

European Commission, Gun jumping

(Kirkland & Ellis, Belgium)/ /1 Comment

Gun-jumping relates to the premature implementation of a transaction prior to obtaining clearance from the relevant competition authorities. It is currently a “hot topic” as enforcement levels across the globe have increased significantly in recent years. In April 2018, the European Commission (EC) imposed a gun-jumping fine of €124.5 million on the multinational cable and…

China, Price fixing

(Hogan Lovells, China)/ /Leave a comment

On 20 July 2018, the new Chinese antitrust authority – the State Administration for Market Regulation (SAMR) – published two decisions sanctioning two ship tallying companies in Shenzhen for market partitioning and price fixing (see the Shenzhen Tally decisions here). Although the case is local and the decisions are short, the decisions have the potential…

Bulgaria, Electricity, Media, Mergers

(Eversheds Sutherland, Bulgaria)/ /Leave a comment

On 19 July 2018 the Bulgarian Commission for Protection of Competition (“BCPC”) refused to approve two separate concentrations – the acquisition of the vertically integrated business of CEZ Group of companies (owned by CEZ a.s., Czech Republic) by Inercom EAD (Bulgaria) and the acquisition of Nova Broadcasting Group AD by PPF TMT (the Netherlands). Both…

Antitrust, Blockchain

(Metsä Group) and (Vienna University of Economics and Business)/ /Leave a comment

Introduction Blockchain (aka distributed ledger) technology is inherently neither pro- nor anticompetitive.[1] It however does have the potential to be both. Given the significance of this emerging technology, the competition law impacts of blockchain are worthy of exploration. Trust, or rather its absence, constitutes a driving force behind blockchain technology. It is a decentralized, more…

Brexit, Competition law, United Kingdom

(Pinsent Masons LLP)/ /Leave a comment

On 12 July, the UK Government published a White Paper setting out its proposal for a future UK-EU relationship, following Brexit. The type of UK-EU relationship which this envisages is unprecedented, reflecting from the UK’s perspective, the UK’s unique circumstances as a current EU Member State in full regulatory compliance with EU rules, and a…

European Commission, Innovation

, (Baker McKenzie)/ /Leave a comment

Today’s decision imposes a record fine of €4.34 billion on Google. In such an innovative and competitive industry, a decision and fine on this scale sends the wrong message. This post argues there is no obvious foreclosure, explains why Microsoft/WMP is an inadequate precedent (though Microsoft/Skype, in contrast, is directly on point), and asks whether…

Bulgaria, Media, Sector inquiries

(Kambourov & Partners) and / /Leave a comment

By its Decision № 717 dated 28 June 2018 the Bulgarian Commission for Protection of Competition (“the CPC”/”the Commission”) adopted a sector inquiry of a number of markets within the media sector. The decision contains some intriguing stances by the CPC, especially against the background of its own previous case law or the decisional practice…

Mergers, Pharmaceuticals, Russia

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Throughout the last year, the topics of globalization in the markets and digitalization of economy were extensively discussed within the governmental authorities and business community in Russia. One of the major concerns of the authorities and business community was development of competition in “digital era”. The Federal Antimonopoly Service (‘FAS Russia’) has found its pivotal…