Canada, Mergers

(Davies Ward Phillips & Vineberg LLP, Canada)/ /Leave a comment

The ability of merging parties to properly participate in the merger review process is premised on the freedom to exchange information and discuss strategies necessary to obtain clearance (subject to all the requisite protections against gun-jumping of course). This freedom to share and exchange information and views is based on the understanding that such communications…

Antitrust, Austria

(bpv Hügel Rechtsanwälte OG ) and (bpv Hügel Rechtsanwälte OG)/ /Leave a comment

In February 2018, the Federal Competition Authority (Bundeswettbewerbsbehörde – “BWB”) introduced an electronic whistleblowing system, which allows individuals to inform the BWB about (alleged) antitrust infringements on an anonymous basis.  Legal Background By amendments to the Austrian Competition Act (Wettbewerbsgesetz), which entered into force on 1 May 2017, the Austrian legislator authorised the BWB to…

Antitrust, Germany

, (Covington & Burling LLP)/ /Leave a comment

Germany’s Federal Supreme Court (Bundesgerichtshof – BGH) has now published its full judgment in EDEKA – wedding rebates (case KVR 3/17) on allegedly anti-competitive requests for preferential rebates and conditions by food retailers. For background on the preceding decisions of the Federal Cartel Office (Bundeskartellamt – BKartA) and Higher Regional Court of Düsseldorf (OLG Düsseldorf)…

Antitrust, Competition, Dominance

(WKB Wierciński, Kwieciński, Baehr, Poland)/ /1 Comment

The Act on Combating the Unfair Use of Contractual Advantage in the Trade in Agricultural and Food Products (the “Act”) entered into force on July 12th, 2017. Its essential goal is to eliminate unfair market practices from every stage of the food product supply chain. The new legislation was to be (and still is) a…

Dominance, India

(West Bengal National University of Juridical Sciences, Kolkata)/ /1 Comment

In its decision passed on February 8, 2018 the Competition Commission of India (CCI) has imposed a fine of INR 135.86 crores (approximately $1.36 bn) on Google for abusing its dominant position by engaging in search bias vis-à-vis Google flights service and imposing unfair terms in the intermediation agreements with website owners incorporating Google’s search…

Bulgaria, Sector inquiries

, (Dimitrov, Petrov & Co.)/ /Leave a comment

The Bulgarian Commission for Protection of Competition (CPC) has launched a sector inquiry into the banking services market following their decision of 1 March 2018. The decision was triggered following a conducted overview of the current interest rates, fees and commissions published on the websites of the banks – members of the Association of Banks…

France, Sector inquiries

, , (Jones Day)/ /Leave a comment

The French Competition Authority (“FCA”) has published the results of its sector-specific inquiry into display online advertising. The 125-page opinion of March 6, 2018, (“Opinion“) identifies potential competition concerns and is likely to trigger individual antitrust investigations by the FCA (and potentially other national competition authorities) in the online advertising sector. Background In May 2016,…

Antitrust, Competition, Enforcement, Germany, Sector inquiries

(Heinz & Zagrosek Partner mbB, Germany)/ /Leave a comment

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…