The German Federal Cartel Office (“FCO”) terminated antitrust proceedings against toy manufacturer Lego on July 18, 2016, following Lego’s agreement to change its current rebate system. Lego will enable online retailers to obtain in practice the same amount of discounts as available for brick and mortar shops. The FCO had opened proceedings against Lego based…

With little fanfare, on Friday, 1 July 2016, among a raft of other amendments to the Act against Restraint of Competition (‘ARC’; 9th amendment), the Federal Ministry of Economics proposed a far reaching change to German merger notification thresholds making it one of the few jurisdictions worldwide that take jurisdiction based on the size of…

The role of data and how it can harm competition is a recurring topic in contemporary antitrust literature. Below, we highlight a few points integral to understanding what the fuss is all about. Making sense of data Frankly speaking, data itself is not revolutionary, and it presents nothing that competition authorities have not seen before….

On 19 May 2016, the Commission released its Notice on the notion of state aid. The aim of this Notice is to provide legal certainty by clarifying the key concepts relating to the notion of state aid. Ironically, many argue that the Commission has stretched this notion in the tax ruling cases, harming the same…

In its decision passed on 30 March 2016, the Delhi High Court upheld the order passed by the Competition Commission of India (CCI) directing an investigation into the allegations of abuse of dominance against Telefonaktiebolaget LM Ericsson (Ericsson) with respect to its actions as a Standard Essential Patent (SEP) holder. The present decision sets the…

Introduction The Irish Waste Management Association (IWMA), an association of undertakings accounting for 75% the household waste currently managed in Ireland, announced that it is committed “to freezing prices at current rates for twelve month period from 20th June 2016 to 1 July 2017.”1 What position should Ireland’s Competition and Consumer Protection Commission (CCPC), which…

On Friday, 1 July 2016, the German Federal Ministry of Economic Affairs finally published its draft law implementing the European Union directive governing actions for damages for infringements of competition rules (“Damages Directive”). The drafting process by the German Federal Ministry of Economic Affairs, which was formally in charge of drafting the law, took place…

A non-compete obligation which is imposed on the seller in the context of a M&A transaction can be permissible when it is ancillary to the transfer of the relevant business, that is, when it is directly related and necessary to the implementation of the deal. In order to enjoy the fruits of the purchase of…

HERE IS AN ARTICLE BY MY COLLEAGUES ANITA BANICEVIC AND JOHN BODRUG ON A RECENT CASE IN WHICH THE CANADIAN AND U.S. AUTHORITIES REACHED DIFFERENT CONCLUSIONS ON A MERGER BECAUSE OF THE COUNTRIES’ DIFFERENT LEGAL STANDARDS On June 28, 2016, Canada’s Competition Bureau announced that it had cleared Superior Plus Corporation’s acquisition of Canexus Corporation…

Mark Katz and Alysha Manji-Knight Introduction Combatting corruption in public procurement is a top enforcement priority of the Canadian government. Canada’s Competition Bureau (“Bureau”) plays a major role in this effort, through its investigation and prosecution of cartel offences under the Competition Act (“Act”). Another key weapon in this battle is the Canadian government’s “Integrity…