Cartels Competition

News & Analysis as of

Asian supply chains and the territorial limits of EU competition law

A supply chain where goods, which were the subject of a cartel, were sold by the defendants in Asia and then indirectly resold to the claimants in the EEA did not amount to “implementation” of the cartel in the EEA and so...more

General Court Confirms that the Commission May Rely on Lawfully Seized Recordings Even if Made Unlawfully by a Third Party

On 8 September 2016 the General Court (“GC”) dismissed Heiploeg’s appeal against the European Commission’s (“Commission”) decision in Shrimps (AT.39633) and confirmed that the Commission may rely on recordings seized lawfully...more

2016 Mid-Year Global Cartel Enforcement Report

Cartel enforcement activity promises to remain busy In the coming months and into 2017 Cartel enforcement remains a priority for competition authorities around the world. Global cartel fines totaled more than $6...more

Claims for cartel damages limited by the UK High Court

On 23 May 2016, the Chancery Division of the UK High Court of Justice handed down judgment in the case Iiyama Benelux BV and others v Schott AG and others [2016] (“the Iiyama case”) and held that claims for cartel damages...more

EU & Competition Law Update – April 2016

European Union: EU Commission maintains close scrutiny of retail geo-blocking - On the 18th of March 2016, the EU Commission published initial findings from its e-commerce sector inquiry. The initial findings show a...more

Tokyo Dispute Resolution and Crisis Management Newsletter - March 2016

Global Cartel Enforcement Update - Guidance on Managing International Investigations - The U.S. Department of Justice’s Antitrust Division has continued to successfully prosecute corporations and individuals for...more

FAS clarified the procedure and methods for proving anticompetitive agreements and inadmissible concerted actions

At a recent meeting, the Presidium of the Federal Antimonopoly Service of Russia (“FAS”) adopted Clarification No. 3 of 17 February 2016 (the “Clarification”), concerning methods for proving anticompetitive agreements,...more

McDermott EU Competition Annual Review 2015

McDermott has published an EU Competition Annual Review for 2015. This 87 page booklet will help General Counsel and their teams focus on the most essential EU competition updates for 2015. Beyond being used to understand...more

Hong Kong Competition Ordinance Takes Effect: The Latest Jurisdiction Regulating How Companies Compete

On December 14, 2015, Hong Kong became the latest jurisdiction to prohibit anticompetitive agreements and unilateral conduct. The Competition Ordinance (Ordinance) is Hong Kong’s first cross-sector competition law for this...more

Australian Competition Law Update for the Aviation Industry

Competition law is a regulatory risk which airlines operating in Australia need to manage. The legal changes identified below present both opportunities and risks.... The below table summarises key competition cases and...more

CJEU Sends Clear Warning to “Cartel Facilitators”

On 22 October 2015, the Court of Justice of the EU (“CJEU”) handed down a seminal judgment holding for the first time that companies facilitating the implementation of a cartel can be sanctioned under EU competition law....more

ECJ Decision in LCD Cartel Case Affirms Potential for Higher Fines to be Imposed on Vertically Integrated Companies

Decision allows Commission to consider sales of products incorporating cartelized goods when calculating cartel fines for a vertically integrated group selling the “transformed product” in Europe. On 9 July 2015, the...more

The Court of Justice of the European Union Confirms the Commission’s Long Arm in Fighting International Cartels

In a landmark victory for the European Commission (Commission) before the Court of Justice of the European Union (CJEU) on 9 July 2015, the Court upheld the EUR 288 million fine imposed on a Taiwanese producer of liquid...more

China Ripe For Enforcing AML Based On Concerted Action

So far in China there have not been any published decisions regarding price-fixing or other anti-competitive agreements based on concerted action by competitors. There is also no Chinese legal precedent for including...more

Competition & Regulation Update: Harper Review - Implications For The Private Health Insurance Industry

On 31 March 2015 the final report of the Competition Policy Review Panel chaired by Professor Ian Harper (Harper Review) was released. The Harper Review Panel (Panel) has completed the most comprehensive review of Australia's...more

Cartels - Enforcement, Appeals & Damages Actions: Taiwan

Cartel law and enforcement regime – The governing law for competition enforcement activity in Taiwan is the Taiwan Fair Trade Act (“TFTA”). The TFTA was enacted in February 1991 and has been amended several times,...more

Private antitrust enforcement in Switzerland

There is a wide range of remedies under Swiss competition law for business litigants. Inventive remedies include compelled access to what American antitrust lawyers would call an “essential facility.” But recent proposed...more

The International Comparative Legal Guide to: Cartels & Leniency 2014 7th Edition: Chapter 27 - Netherlands

1 The Legislative Framework of the Cartel Prohibition - 1.1 What is the legal basis and general nature of the cartel prohibition, e.g. is it civil and/or criminal? The Dutch Competition Act (‘DCA’) is based on...more

The Dutch Competition Agency Focuses on Anticompetitive Signaling

The Netherlands Authority for Consumers and Markets (ACM) – the Dutch competition agency – has indicated that public statements about future market behavior could infringe competition law. This is the first time an EU...more

India’s Competition Act takes shape with enforcement actions and appeals: key cases, key points for international companies

Competition law in India has begun to take shape as major enforcement actions involving a host of industries have worked their way from initial complaint to a finding of an infringement and appeal to the Supreme Court of...more

U.S. Senators Debate Toughening Cartel Penalties

On November 14, 2013, members of the Senate Committee on the Judiciary, Subcommittee on Antitrust, Competition Policy and Consumer Rights heard arguments regarding the effectiveness of current cartel prosecution and...more

Can Reverse Payments In Patent Settlements Constitute Criminal Cartel Conduct?

It is a well-established and universally accepted principle of competition law that a payment by one competitor to another competitor not to enter a market is anticompetitive, and in Australia since 2010 a criminal offence....more

The European Antitrust Review - 2014: Italy: Cartels

Anti-competitive behaviours such as price fixing, sharing markets and horizontal agreements between undertakings aiming to agree commercial strategies and policies are considered the most harmful infringements of competition...more

New German Cartel Fine Guidelines

The German Federal Cartel Office has just published new Guidelines on the Setting of Fines for antitrust law infringements. With these guidelines, the German Federal Cartel Office departs from the method of setting fines...more

EU’s Top Court Rules that Blanket Ban on Access to Leniency Documents is not Permitted

The European Union’s top court rules that a national law which requires the consent of all parties before access to the file is given to third-party antitrust damages claimants is incompatible with EU law; a national court...more

36 Results
|
View per page
Page: of 2
JD Supra Readers' Choice 2016 Awards

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×