On June 4, 2019, the Düsseldorf Court of Appeal quashed the decision of the Federal Cartel Office (“FCO”) prohibiting Booking.com to operate so-called narrow most favored nation (MFN) clauses (or best price clauses) on its hotel booking platform with hotels in Germany, see press release here. It thereby set a (preliminary) end to a long saga…
We are happy to inform you that the latest issue of the journal is now available and includes the following contributions: Wouter P.J. Wils, Independence of Competition Authorities: The Example of the EU and Its Member States At the end of 2018, the European Parliament and Council adopted Directive (EU) 2019/1, often referred to…
It is almost impossible these days to attend a competition law conference without the topic of ‘Competition law in the digital era’ making up part of the agenda. In addition, enforcers are publishing policy documents on this topic at a rate that makes it a challenge to keep up for even the most diligent competition…
While Ukraine has been making headlines over the past few months with the presidential elections, there have also been several notable news items regarding Ukrainian merger control. At the end of April, two record fines for merger control violations – in the amounts of EUR 1.9 million and EUR 1.8 million – were imposed by…
The Reserve Bank of India (RBI), India’s central banking institution created an inter-regulatory Working Group (WG) in July 2016 to study the scope and potential of FinTech and review the regulatory framework with which the industry has to comply. The goal of this exercise was to make rules and regulations more suitable for the ever-evolving…
On March 25, the European Commission (EC) fined Nike €12.5 million for restricting cross-border and online sales of branded merchandise by its European licensees. In December last year, the EC fined Guess €40 million for imposing restrictions on the use of its brand by distributors online. In total in 2018, the EC imposed fines of…
The Regional office of the Federal Antimonopoly Service of the Sverdlovsk region has recently issued a decision ordering a leniency applicant to return unlawfully gained income. The Appeal Board of the Federal Antimonopoly Service (the “FAS”) has now reconsidered this decision on appeal. Background of the case The ground for initiating the case was the…
The European Commission’s Chief Competition Economist in a recent presentation specifically referred to the notion of “platform envelopment” and the possibilities of leverage.[1] His social-media posts about the power of search engines and browsers to gain advantages in other areas, such as videos, maps and shopping, suggest a sense of insecurity about the growing influence…
Introduction In April 2019, the Turkish Competition Authority (“TCA”) released its reasoned decision,[1] as a result of its full-fledged investigation concerning the practices of the companies that operate in the “meal card services” sector.[2] The TCA found, contrary to its findings in its annulled decision (dated 01.07.2010 and numbered 10-47/862-299), that Sodexo Avantaj ve Ödüllendirme…
The England and Wales Court of Appeal has overturned the Decision of the United Kingdom Competition Appeals Tribunal (CAT) in the collective proceedings Walter Merricks v MasterCard, where final consumers are represented by Merricks. This is an important decision because it ensures that financial damages are recoverable when a firm’s anti-competitive practices affect millions of…
