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The E-Commerce Sector Inquiry: What, Why and How?


75th Lunch Talk of the Global Competition Law Center

Friday, May 22, 2015 from 12:00 PM to 2:00 PM

The E-Commerce Sector Inquiry: What, Why and How?

Thomas KRAMLER, DG COMP, European Commission
James WEBBER, Shearman & Sterling

Moderator: Damien GERARD, GCLC

12:00 – 12:30: Sandwich lunch and socializing
12:30 – 13:30: Presentations and comments
13:45 – 14:00: Q&A

Location: The Hotel
38 Boulevard de Waterloo
1000 Brussels

For attending this event, please register HERE.

Updated Merger Filing Rules in COMESA

The Council of Ministers of the Common Market for Eastern and Southern Africa (“COMESA”) has adopted an amendment to the COMESA Competition Rules on the Determination of Merger Notification Thresholds. Companies now have greater clarity as to when they will be obliged to notify mergers under the regional competition law regime in operation across the 19 African countries that constitute COMESA.

The new amendment will have major implications for companies that either do business generally in COMESA Member States and/or are considering undertaking acquisitions or disposals of assets in these States. This is because a failure to comply with the rules potentially involves significant penalties s [...]

RPM and strong inter-brand competition – Tooltechnic coming to Europe?

On 20 April 2015, the Dutch competition authority ACM published Guidelines on its enforcement priorities with respect to vertical restraints. The document contains a number of case studies intended to illustrate the types of cases that the ACM would or would not consider priorities for its enforcement. One case study is closely modelled on the Australian Tooltechnic case, in which the ACCC authorised the use of RPM. The Dutch authority implicitly endorses the ACCC’s evaluation of this case.

In the Tooltechnic case, decided in December 2014, Australia’s Competition and Consumer Commission (“the ACCC”) granted authorisation, subject to some monitoring requirements, to Tooltechnic [...]

The Prohibition on Dawn Raids in the Czech Republic has Ended

Last autumn, the Czech Antitrust Office had announced that it halted its dawn raids. The decision came from – what many felt – was a surprise decision of the European Court of Human Rights in Strasbourg (ECHR) dated 2 October 2014 (DELTA PEKARNY a.s.). The Court held that the Czech Republic had violated Art. 8 of the European Convention on Human Rights and Fundamental Freedoms in the course of a 2003 dawn raid.

On 18 March 2015 (and a few days before in off the record statements), the Czech Antitrust Office in a press release made it known that it will recommence dawn raids.

The argumentation why this is now happening, without any change in the law, can be summed up as follows:

The ECH [...]

European Commission’s damages litigation illustrates challenges in domestic regimes pre-implementation of the Damages Directive

In January 2015 the European Commission announced its intention to appeal a judgment of the Belgian Commercial Court which dismissed the Commission’s claim for €6 million of damages against Otis, KONE, Schindler and ThyssenKrupp. The Court’s decision illuminates the importance of changes brought about by the recently implemented Damages Directive.

On 27 February 2007 the European Commission (“EC”) fined four manufacturers of elevators and escalators €992 million.

It found that Otis, Schindler, KONE and ThyssenKrupp were involved in four separate cartels in Germany, Belgium, the Netherlands and Luxembourg. From 1995 to 2005 the companies rigged contracts bids for installa [...]

United Kingdom: Competition appeals – speak now or forever hold your peace?

It is not uncommon, where a multi-party infringement of competition law has been established and sanctioned by a competition authority for some, but not all, of the addressees of the authority’s decision to appeal that decision. Those appeals can be against the finding of infringement, whether in whole or part, and/or the penalty imposed. Where those appeals are successful, non-appealing parties may then wish to themselves challenge the finding of infringement and/or the penalty, availing of the judgments already handed down in favour of their co-cartellists or co-infringers of competition law.

In a series of judgments, concerning decisions by the Office of Fair Trading (“OFT”) in [...]

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