The COMPAT’s recent judgment in Hiranandani contains several important lessons for the Indian antitrust community.  The case reflects the CCI’s desire for strong enforcement and effective deterrence of exclusive contracts in strategically important sectors (hospital services).  And it reflects effective judicial control by the COMPAT of the CCI’s process, institutional design, and analysis.  COMPAT’s lessons…

Eturas runs the e-commerce back-end of 30 travel agents in Lithuania.  An administrator message to each member informed them that the e-commerce functionality allowing each travel agent to grant discounts would be capped at 3 per cent.  That message appeared in part of the system relating to “information messages”. The Court of Justice found that…

Timur Bondaryev and Lana Sinichkina, Arzinger   On January 26, 2016 Ukrainian Parliament adopted the law amending Ukrainian merger control rules. The law increased notification thresholds which have been effective for over 14 years after they were introduced in 2002. The current financial thresholds test is substituted by the two new alternative ones (either A or…

On 3 December 2015, the Council of the European Union and the European Parliament (EP) approved a long-awaited regulation reforming the General Court of the European Union.1  The Council’s approval marked the end of four years of inter-institutional debate and paved the way for publication of the Regulation in the EU’s Official Journal on 24…

Marcel Meinhardt and Astrid Waser, Lenz & Staehelin, Switzerland   The Swiss Federal Administrative Court (“FAC”) recently passed two new judgments on vertical agreements. In the first judgment, the Court endorsed its previous Gaba case law and confirmed a sanction against BMW AG (“BMW”) amounting to CHF 156 million for restricting direct and parallel imports….

One of the most important issues which are being investigated by the CCI is the treatment of vertical agreements. In one of my earlier posts (http://kluwercompetitionlawblog.com/2015/06/28/competition-commission-of-india-initiates-investigation-in-relation-to-resale-price-maintenance-impact-on-business-operations/), it was shown how the CCI is referring certain cases for further investigation, the outcome of which will certain change the landscape in which business is run in India….

Hong Kong’s first cross-sector competition law – the Competition Ordinance (“Ordinance”) – finally came into full force on 14 December 2015. The Ordinance became law in June 2012, initially bringing into effect only the provisions allowing for the regulatory framework to be put into place.  Over the two and a half years run up to…

On January 6, 2016, the Secretariat of the Swiss Competition Commission (the investigative body of the Swiss Competition Commission; the “Secretariat”) issued a “Notice on investigation instruments“, i.e. on the conduct of dawn raids, seizing of evidence, and interviews (the “Notice”). The 12-page Notice replaces an earlier notice, which mainly described the process of dawn…