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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 [...]

Canada Tackles Misleading Advertising and Business Promotions

Three recently announced enforcement proceedings underscore the importance of complying with the rules governing advertising and business promotions in Canada. These rules are contained in the Competition Act as well as legislation and policies governing, for example, (i) telemarketing and (ii) the use of “commercial electronic messages” to promote a business’s products and services.

1. Competition Bureau Takes on Alleged False or Misleading Car Rental Advertising

The Competition Bureau (“Bureau”) filed an application with the Competition Tribunal on March 11, 2015 against two of Canada’s largest rental car companies, Aviscar and Budgetcar, and their parent company, Avis Budget Group Inc., [...]

Antitrust authority of Ukraine intends to reconsider its decision granting merger clearance on the telecommunication technologies market of Ukraine

In early November 2014 the Antimonopoly Committee of Ukraine made a statement, announcing that it was going to reconsider its position on the establishment of VimpelCom Ltd., which led to consolidation of the assets of Kyivstar JSC and Ukrainian Radio Systems JSC (the URS) in Ukraine in 2010. As the result of the transaction, Kyivstar JSC overtook the provision of the telecommunication services of the URS and now accounts for more than 25 million mobile subscribers in Ukraine, which makes it the largest mobile network operator in the country. The Committee states that while considering application for merger clearance from Telenor ASA and Altimo Holdings & Investments Ltd. that were parties [...]

Joint and several liability for cartel fines: lessons from Gigaset and Siemens Austria

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73d Lunch Talk of the Global Competition Law Center

Thursday, March 19, 2015 from 12:00 PM to 2:00 PM

Joint and Several Liability for Cartel Fines: Lessons from Gigaset and Siemens Austria

Onno BROUWER, Freshfields
Ralf SAUER, Legal Service, European Commission

Moderator: Bernd MEYRING, Linklaters and GCLC

Programme:
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
Belgium

For attending this event, please register HERE.

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India – Competition Appellate Tribunal on determination of relevant product market

In its order passed on 5th August, 2014 the Indian Competition Appellate Tribunal upheld the decision given by the Competition Commission of India (CCI) holding the National Stock Exchange of India Ltd. (NSE) guilty of abusing its dominant position in the market for currency derivatives (“CD”) and imposing a penalty of INR 55 crore. The decision has now been appealed to the Supreme Court of India.

The highlight of the case is the opinion of the Tribunal that the relevant product market determined in the case of “abuse of dominant position” shall remain broader than the relevant product market as defined in the case of “Mergers”. The principle laid down by the Tribunal has significan [...]

European Commission dawn raids – Advocate General recommends the avoidance of “fishing expeditions”

Earlier this month, Advocate General Wahl delivered his opinion in the Deutsche Bahn1 case. This case concerns important practical principles which govern the conduct of European Commission dawn raids (on-the-spot surprise inspections used to investigate possible infringements of the EU competition rules). In particular, the case focusses on what inspectors can do with documents that that they have found during an inspection which do not relate to the subject matter of their inspection, but indicate separate unrelated anti-competitive behaviour.

Business needs to review closely this opinion (and final judgment in this case) to ensure that their dawn raid procedures and training reflect best [...]

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