News & Analysis as of

Breach of Competition Law

Significant Changes in German Competition Law

by Bryan Cave on

On June 9, 2017, the 9th amendment of the German Act against Restraints of the Competition (GWB) came into effect. The most significant changes affect the liability for cartel fines, the application of merger control and the...more

Gun-jumping and incomplete notifications: the European Commission pursues several more infringements of EU merger control rules

by Dechert LLP on

The European Commission announced that it sent statement of objections to Merck KGaA, Sigma-Aldrich, General Electric and Canon for alleged breaches of EU merger control rules on 6 July. Merck, Sigma Aldrich and GE have been...more

One click away from a marketplace ban?

by Dentons on

Luxury brands can lawfully prevent their authorised dealers from selling their products on third party online platforms such as Amazon.com and eBay, according to Advocate General Wahl's Opinion for the European Court of...more

European Commission to enforce competition law against suppliers who restrict e-commerce

by Dentons on

The European Commission (EC) has now published its final report on the e-commerce sector inquiry....more

France Implements Damages Directive

by Latham & Watkins LLP on

The Ordinance introduces new provisions in the Commercial Code that facilitate private actions brought by victims of competition law infringements. Key points - ..Directive 2014/104/ EU of 26 November 2014 (the...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

EC Launches Targeted Competition Enforcement in E-Commerce Sector

If we needed any reminder that the competitiveness of e-commerce was high on the European Commission’s enforcement agenda, we now have unequivocal proof of this. The Commission today launched three separate investigations...more

Company Directors Beware – the CMA’s Disqualification Order

Today, the UK Competition and Markets Authority (CMA) published a 60-second summary for company directors to avoid disqualification for breaches of competition law. Please see the full text of the guidance here. This is part...more

Meeting Your Competitors – Think Before You Speak!

by Latham & Watkins LLP on

On 19 December 2016 the Competition and Markets Authority (‘CMA’) issued two competition law infringement decisions in its galvanised steel tanks investigation. Cylindrical galvanised steel tanks store water in large...more

European Commission short-circuits battery cartel with €166 million fine

by Bryan Cave on

On 12 December the European Commission imposed a total fine of 166 million euros against 3 rechargeable battery producers for infringing competition law in the distribution of rechargeable lithium-ion batteries, the most...more

Mixed Blessings – Sainsbury’s Supermarkets Ltd v MasterCard Incorporated and others [2016] CAT 11

by Reed Smith on

This case is very important in that it is one of the first judgments where damages have been awarded for breach of competition rules in UK. It relates to MasterCard’s alleged anticompetitive card fees (credit and debit...more

Competition law - Rights of private action

by Dentons on

Singapore’s competition law regime has been in place since 2006 but you may not be aware that Singapore’s competition law regime provides for the Right of Private Action, under Section 86 of the Competition Act (Cap. 50B)....more

Competition News April 2016

by Dentons on

Requests for information: reinforced statement of reasons for late investigative measures - With four decisions of March 10, 2016, the European Court of Justice (the “ECJ”) reminded the European Commission of its...more

The Tesco v. High Peak case: a timely reminder of the impact of competition law on restrictions in land agreements

by Dentons on

Well advised property investors and developers will be aware of the interplay between competition law and land agreements and will note with interest the recent case of Tesco v. High Peak. In this case competition law was...more

Australian competition law - Update for the aviation industry

by DLA Piper on

High Court to hear ACCC appeal of Flight Centre decision regarding carrier agent discussions On 11 March 2016, the High Court granted special leave to the ACCC to appeal the decision of the Full Federal Court in the Flight...more

Competition law and joint bidding: dos and don'ts for the construction industry

by Dentons on

It is not unusual for construction firms and other companies to form a consortium bid (or joint bid) for a building or infrastructure project. Whilst competition law clearly prohibits collusion involving price fixing, market...more

Exclusionary rail transport contracts derailed by regulator

by Bryan Cave on

On the 18 December 2015, the UK Office of Rail and Road (“ORR”) formally accepted commitments from one of the UK’s leading providers of Deep Sea Container (“DSC”) rail transport services, which reportedly “fully address its...more

Consumer Rights Act 2015: Private Actions for Breaches of Competition Law – Overview of the New Regime

by Shearman & Sterling LLP on

The entry into force of the Consumer Rights Act 2015 (“CRA15”) on 1 October 2015 sees the overhaul of the private enforcement regime in England & Wales. The CRA15, which amends both the Competition Act 1998 and the Enterprise...more

New UK Class Action Regime: What Do You Need To Know?

by Allen & Overy LLP on

New class action procedures will come into force in just four days’ time on 1 October. These will make the UK a more attractive forum for potential claimants and are likely to lead to an increase in the number of class...more

Commission sends Statement of Objections to BSkyB and film studios

by Dentons on

On 23 July 2015, the European Commission (the "Commission") sent a Statement of Objections to BSkyB and six major studios: Disney, NBC Universal, Paramount Pictures, Sony, Twentieth Century Fox and Warner Bros (the "Film...more

The Consumer Rights Act - Enhancing the rights of competition law claimants and consumer law enforcers

by Dentons on

Ongoing reform - The Consumer Rights Act 2015 (the Act) is the keystone of the changing consumer protection landscape. Its scope signifies the growing weight that consumer protection law commands in the UK and the EU...more

Online hotel booking: less room for MFN clauses

by DLA Piper on

On 21 April 2015 the Italian, Swedish and French competition authorities announced the achievement of a settlement with Booking.com, at the time under investigation for having included in its agreement with partner hotels...more

How Much Damages Can You Realistically Expect for Trade Secrets Misappropriation in China

The best way to protect trade secrets is to prevent them from being misappropriated in the first place, but when trade secret misappropriation occurs, a trade secret holder will likely want to obtain adequate damages through...more

Australian Competition Law Update For The Aviation Industry

by DLA Piper on

Airlines operating in Australia currently face an unprecedented degree of legal and regulatory change. This shifting landscape presents both opportunities and risks. The below table summaries key competition cases in the...more

FTC Seeks Public Comments on Proposed Merger Study

by Faegre Baker Daniels on

The Federal Trade Commission (FTC) announced today that it is seeking public comments on a proposed study of the effectiveness of the FTC’s orders in merger cases where it ordered a divestiture or other remedy....more

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