News & Analysis as of

Abuse of Dominance

The new Polish Act on private antitrust enforcement claims takes effect on June 27, 2017.

by Dentons on

If a company’s supplier or competitor abuses its dominant position or is a member of a cartel, its actions may inflict damage on other businesses. Until recently, claims for damages arising from these types of infringements...more

The New Competition Law in Thailand Approved

by Allen & Overy LLP on

On 18 April 2017, the Thai National Legislative Assembly (NLA) submitted the draft Trade Competition Act B.E. 2560 (2017), which it had approved on 24 March 2017 (the New Act), to the Secretariat to the Cabinet. The Prime...more

European Commission Launches Competition Law Anonymous Whistleblower Tool

by Jones Day on

The European Commission has introduced a new tool to encourage individuals to disclose anticompetitive conduct on an anonymous basis. Individuals are invited to supply inside knowledge to help the Commission uncover cartels...more

EU Competition Newsletter - April 2017

by Bryan Cave on

The Brexit referendum result in June last year created many uncertainties for the British economy and continues to do so. In this Breakfast Seminar, Robert Bell will focus his remarks on what he sees will be the likely...more

Claimants' Guide to Antitrust Competition Litigation in EU

by Bryan Cave on

Recent years have seen a significant increase in the number of private competition claims in the European Union. The Claimants' guide to Antitrust/Competition Litigation in the European Union provides an overview of the...more

Competition Appeal Tribunal Refuses Interim Relief in Pharma Pricing Case

by Latham & Watkins LLP on

The Competition Appeal Tribunal (the “CAT”) in the UK heard on 17 January 2017 an application by Flynn Pharma Ltd and Flynn Pharma (Holdings) Ltd (together “Flynn”) to suspend the Competition and Markets Authority’s (the...more

"Antitrust Enforcement in the Trump Administration"

Republican administrations historically have taken a less interventionist approach to antitrust enforcement than their Democratic counterparts, but many of President Donald Trump’s policy positions have not tracked...more

Portugal asks European Court to determine what criteria are required for discriminatory pricing to be an abuse under Article 102...

by Bryan Cave on

A Portuguese Court has asked the European Court of Justice (ECJ) to provide guidance on when “discriminatory pricing applied to equivalent transactions” amounts to an abuse of a dominant positon under Article 102 (c)...more

OTA & Travel Distribution Update – Dec. 22nd, 2016

by Garvey Schubert Barer on

Our weekly client OTA & Travel Distribution Update for the short week ending December 22, 2016 is below. This week’s update is brief one....more

EU Competition Newsletter - December 2016

by Bryan Cave on

Single Market Withdrawal: A New Challenge to Brexit for the UK Government - Should Parliament have a say over whether Britain could remain in the European Economic Area?...more

Brussels Regulatory Brief: December

by K&L Gates LLP on

January will bring some important changes in the internal composition and current leadership of the European Parliament (“EP”). Such changes are expected to shake the EP’s internal life, even without a shift in the general...more

New Competition Law in Thailand - Draft Approved by Cabinet

by Allen & Overy LLP on

On 11 October 2016, the Cabinet approved the draft Trade Competition Act B.E. ... (the New Act). As we reported in our e-Bulletin titled Ground-breaking Antitrust Reform in Thailand, published 30 May 2016, the New Act...more

European Competition Law Newsletter – December 2016

by McGuireWoods LLP on

On 8 November 2016, the “Autorité de la concurrence” (French competition authority) provided a stark warning about the dangers of early implementation of a transaction prior to merger control clearance. This is one type of...more

Landmark Decision Issued by the Italian Supreme Court in the Automotive Sector

by Bryan Cave on

A resounding judicial victory was scored in Italy this fall by Bryan Cave’s affiliated office (“SILS”) on behalf of the Volkswagen Group. The Supreme Court of Italy (“Corte di Cassazione”) rejected all claims brought...more

The European Commission extends its settlement procedure to abuse of dominance cases under Article 102 TFEU

by White & Case LLP on

The European Commission extends its settlement procedure to abuse of dominance cases under Article 102 TFEU — fine imposed on Altstoff Recycling Austria reduced by 30% in exchange for its co-operation with the Commission...more

EU & Competition Law Update – August 2016

by Bryan Cave on

EU: Regulatory Scrutiny of Online Hotel Booking Continues - The 13 July 2016 saw the Competition and Markets Authority (CMA) announce that it had sent a questionnaire to a large sample of hotels throughout the UK. As...more

EU & Competition Law Update – June 2016

by Bryan Cave on

BREXIT – BUSINESS AS USUAL...AT LEAST FOR NOW - What do you need to know? Despite the UK's vote to leave the European Union ("EU"), companies doing business in the UK can still continue to trade with the EU in...more

India’s Competition Authorities Investigate Monsanto

Monsanto’s Indian joint venture has come under fire anew for allegedly anti-competitive behavior. India’s Competition Commission opened investigations this week into allegations that Monsanto and its partner Mahyco...more

U.S. Department of Justice Sues North Carolina Hospital System for Insisting on Anti-Steering Provisions in Insurance...

On June 9, 2016, the Antitrust Division of the United States Department of Justice (“DoJ”) filed a complaint against the Charlotte-Mecklenburg Hospital Authority, d/b/a Carolinas Health Care System (“CHS”) in the United...more

April 2016: EU Litigation Update

Asserting Standard Essential Patents (SEP) in Europe After the European Court of Justice’s Huawei v. ZTE Decision. In its Huawei v. ZTE decision (C-170/13) of July 16, 2015, the European Court of Justice (ECJ) set out a new...more

Competition Tribunal Finds Toronto Real Estate Board Engaged in Abuse of Dominance

Last week, the Competition Tribunal (Tribunal) issued a summary of its decision in the Commissioner of Competition’s (Commissioner) long-running abuse of dominance case against the Toronto Real Estate Board. This case...more

Premerger Notification Arrives in the Philippines

by Latham & Watkins LLP on

The Philippine Competition Commission has implemented compulsory merger control, while other Philippine antitrust provisions await full application. The world’s 12th most populous nation joins the global antitrust...more

Fast track competition procedure claims another scalp

by Bryan Cave on

This case, being already the third since the new CAT Rules came into force on the 1 October 2015, is evidence that the new fast track procedure has been successful in encouraging claims against anti-competitive behaviour and...more

Justice Scalia and the Demise of the “Genteel Monopolist”

A year before he took his seat on the Supreme Court, Justice Scalia’s future colleagues issued a decision encouraging dominant firms to behave more like that genteel, top hat wearing fellow from the Monopoly game than like...more

"German Competition Regulator Investigates Facebook for Alleged Violation of Data Protection Laws"

The German Federal Cartel Office (the FCO) has announced that it has initiated proceedings against Facebook for the company’s alleged abuse of its dominant position in a market for social networks. The FCO appears to...more

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