The Federal Cartel Office (“FCO”) announced on February 1, 2018, to launch a sector inquiry into online advertising (here). This in line with the FCO’s focus on competitive conditions in the digital economy and big data. The FCO follows the French competition authority that started a separate online advertising sector inquiry in 2016 and has…
On 27 February 2018, the European Union (EU) adopted the EU geo-blocking regulation (the Regulation), which will enter into force by the end of the year. The Regulation prohibits unjustified geo-blocking, and other forms of discrimination, based on customers’ nationality, place of residence, or place of establishment. The Regulation is particularly relevant to all businesses…
In a judgment dated 5 February 2018, the General Court of the EU (the “General Court”) rejected the appeal by German retailer Edeka–Handelsgesellschaft Hessenring’s (“Edeka”) against a decision by the European Commission (the “Commission”) refusing Edeka’s application to obtain access to material classified by the Commission as confidential during its investigation into alleged manipulation of…
The Polish competition authority applies the principle of in dubio pro reo in the case concerning a cartel on the domestic certification market (and refuses to use lie detecting devices) On 29 December 2017, the Polish competition authority – the President of the Office of Competition and Consumer Protection (the “OCCP President”) – penalised a…
Background Significant amendments to the Law of Ukraine “On protection of economic competition” came into force on 17 December 2017. The changes are aimed at prohibiting transactions involving persons included in the Ukrainian sanctions list (the Sanctions list). The Sanctions list was introduced by the Law of Ukraine “On Sanctions” following the annexation of Crimea…
On January 24, 2017, the European Commission announced that it had fined Qualcomm EUR 997,439,000. The Commission thinks that Qualcomm had abused its dominant position to become Apple’s sole supplier of long term evolution (“LTE“) baseband chipsets. The abuse was allegedly committed through exclusive deals, which lasted from 2011 to 2016. Baseband chipsets are key components in smartphones and tablets, which enable connection…
On 2 February 2018, the EU Internal Market Sub-Committee of the House of Lords (“EU Committee”) published its report on the implications of Brexit on competition law and State aid (“Report”)[1]. On antitrust and merger control, the Report concludes that there should continue to be consistency between the UK’s and EU’s approach to competition matters,…
Standard essential patents (SEPs) and fair, reasonable and non-discriminatory (FRAND) licensing terms remain hotly debated topics within antitrust circles as regulators around the world stake out their positions. In November 2017, the European Commission (the Commission) published its Communication on the EU approach to Standard Essential Patents (SEPs) (the Communication).[1] It sets out a general,…
This item was written by my colleague Anita Banicevic While most consumers know that their clicks and “likes” leave a digital trail, the rise of the digital economy has led to a spike in the volume and types of data being created and collected. If data is “the new oil,” it’s no surprise that regulators…
The following item was prepared by my colleagues Jim Dinning and David Feldman In the annual Davies forecast of the year ahead for Canadian competition law, we discuss the top five issues and trends to watch for in Canadian competition law this year. 1. New Leadership at the Bureau and a Year of Transition 2018…
