News & Analysis as of

Breach of Competition Law

Barnea Jaffa Lande & Co.

Israeli Monopolists Barred from Granting Discriminatory Rebates

A few days ago, the Central District Court handed down its ruling in the lawsuit filed by Aviad Concrete and Clay Industries against Nesher Israel Cement Enterprises. The suit concerned Nesher’s rebate policy to its...more

Skadden, Arps, Slate, Meagher & Flom LLP

UK Revamps Merger Control, Expanding CMA’s Jurisdiction and Making Procedures More Flexible

The United Kingdom’s Digital Markets, Competition and Consumers Act (the Act) received royal assent on 24 May 2024. The Act introduces wide-ranging amendments to the UK competition and consumer law regimes that expand the...more

Bennett Jones LLP

Competition Bureau Publishes Updated Information Bulletin on Transparency

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On October 25, 2022, the Competition Bureau published its new Information Bulletin on Transparency, which explains the approach the Bureau will take when communicating with different groups of people during its...more

White & Case LLP

EU General Court confirms EC decision fining Canon €28 million for gun jumping in warehousing scheme

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On 18 May 2022, the EU General Court (GC) upheld the European Commission's (EC) € 28 million fine imposed on Canon for gun-jumping in the context of a (somewhat unique) so-called warehousing structure. The judgment confirms...more

BCLP

Private actions relating to alleged contraventions of the Competition Ordinance of Hong Kong: the first reported Hong Kong...

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On 12 October 2021, the Competition Tribunal (“Tribunal”) handed down its judgment on the merits of the first private action in Hong Kong for a contravention of a competition rule (“contravention”). This case concerns an...more

BCLP

Private actions relating to alleged contraventions of the Competition Ordinance of Hong Kong: the first reported Hong Kong...

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On 12 October 2021, the Competition Tribunal (“Tribunal”) handed down its judgment on the merits of the first private action in Hong Kong seeking remedies against the contravening party for a contravention of a competition...more

Wilson Sonsini Goodrich & Rosati

EU Commission Breaks New Ground by Fining German Carmakers for Participation in a Cartel Restricting Technical Development

The European Commission (EC) issued a EUR 875 million (USD 1.05 billion) cartel fine against German carmakers, namely BMW, Audi, Porsche, and Volkswagen (the latter three are all part of the Volkswagen Group). Daimler was...more

Latham & Watkins LLP

Global Legal Insights: Cartels 2021, 9th Edition - United Arab Emirates

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Overview of the law and enforcement regime relating to cartels - The United Arab Emirates (“UAE”) competition law and enforcement regime is relatively young with just over eight years since Federal Law Number 4 of 2012...more

Hogan Lovells

Supreme Court lowers the bar for certification of Class Actions in the UK

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In a key decision, the UK Supreme Court has given guidance on the threshold for certifying a class action for breach of competition law....more

BCLP

Hong Kong sees the first disqualification order under its Competition Ordinance

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Under the Competition Ordinance, the Hong Kong Competition Tribunal (“Tribunal”) may, on application by the Competition Commission (“Commission”), impose a disqualification order prohibiting a person from being a director,...more

BCLP

Competition Tribunal adopts the Carecraft procedure for settlements in competition law cases

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In Competition Commission v Kam Kwong Engineering Company Ltd & others [2020] HKCT 3, the Competition Tribunal (the “Tribunal”) adopted the Carecraft procedure for disposing of enforcement proceedings against respondents who...more

Latham & Watkins LLP

High Court Issues Lengthy Director Disqualification Order for Contributing to a Competition Law Infringement

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The judgment has important implications for the competition law compliance responsibilities of company directors. On 3 July 2020, the High Court disqualified Michael Martin from acting as a director for seven years. The...more

BCLP

Cross-border sales restrictions - lessons from Meliá

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On 21 February 2020, the European Commission (the “Commission”) announced it had fined Spanish hotel group Meliá almost €6.7 million for restrictive clauses in its contracts with tour operators. The decision highlights the...more

White & Case LLP

English Court of Appeal slashes UK's first cartel follow-on antitrust damages award and emphasises claimants' burden to prove...

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In BritNed v ABB, the English Court of Appeal substantially reduced the UK's first award of damages in a so-called cartel damages claim brought for breach of European competition law. In so doing, the Court rejected calls for...more

A&O Shearman

European Commission Imposes Fine on Canon for Gun-Jumping

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On 27 June 2019 the European Commission imposed a fine of €28 million on the Japanese imaging and optical products manufacturer Canon for “gun-jumping” by using a warehousing structure in its 2016 acquisition of Toshiba...more

BCLP

Price Parity Clauses and Booking.com - a More Unified approach or a Reminder of Diverging Opinions

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On 4 June 2019, the Düsseldorf Higher Regional Court overturned a 2015 decision of the German national competition authority (the ‘Bundeskartellamt‘) to ban Booking.com from imposing ‘narrow’ price parity clauses in contracts...more

BCLP

Price parity clauses and Booking.com – a more unified approach or a reminder of diverging opinions?

BCLP on

On 4 June 2019, the Düsseldorf Higher Regional Court overturned a 2015 decision of the German national competition authority (the ‘Bundeskartellamt’) to ban Booking.com from imposing ‘narrow’ price parity clauses in contracts...more

Latham & Watkins LLP

Key Industry Lessons From the FCA’s First Competition Law Case

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The FCA found that three asset managers breached competition law by sharing information in relation to securities offerings. Key Points: ..The decision gives market participants some helpful indications as to what kinds...more

BCLP

Hong Kong Competition Tribunal’s first infringement decisions a reminder to businesses of the importance of complying with new...

BCLP on

On 17 May 2019, the Hong Kong Competition Tribunal (“the Tribunal”) passed an important milestone when it issued its first two findings of infringement of the city’s competition law regime. The judgments serve as a...more

Jones Day

UK Issues First Fine For Concealing Evidence During a Dawn Raid

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In March 2019, the UK Competition and Markets Authority ("CMA") issued its first fine on a company for concealing relevant evidence during a dawn raid, fining Fender Musical Instruments Europe Limited £25,000. This is the...more

Holland & Knight LLP

SIC Sanciona Empresa por Asumir Pago de Multas Impuestas a Sus Altos Directivos - Los Pagos de Bonificación Simulados Asumieron...

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Por primera vez, la Superintendencia de Industria y Comercio (SIC) en Colombia investiga y sanciona a una empresa por pagar con sus recursos multas impuestas por la autoridad de competencia a sus empleados. En efecto, en...more

Holland & Knight LLP

SIC Sanctions Company for Paying Fines Imposed on Its Senior Executives - Simulated Bonus Payments Assumed Fines Levied in 2016...

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For the first time, Colombia's Superintendence of Industry and Commerce (SIC) has investigated and sanctioned a company for paying with its resources fines imposed by the Competition Authority to its employees. The SIC...more

Hogan Lovells

A sign of things to come? CMA imposes first fine for breach of a 'hold separate' interim order

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On 11 June 2018 the Competition and Markets Authority fined Electro Rent £100,000 for breach of an interim order - the first such fine imposed by the CMA. ...more

Orrick, Herrington & Sutcliffe LLP

Parental Liability for GDPR Infringements: Lessons from EU Competition Law?

Yesterday, Europe's highest court affirmed financial investors' liability for infringements of EU competition law by subsidiaries over which they exercise, or might be considered to exercise, "decisive influence"....more

Latham & Watkins LLP

Discovery, Public Interest Immunity, and Privilege under Hong Kong Competition Law

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The Hong Kong Competition Tribunal has ruled for the first time on the extent of the Competition Commission’s discovery obligations in enforcement proceedings. The Speed Read - A recent Hong Kong Competition Tribunal...more

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