A situation in a market in which firms or sellers independently strive for the patronage of buyers in order to achieve a particular business objective, e.g., profits, sales and/or market share. Competition in this context is often equated with rivalry. Competitive rivalry between firms can occur when there are two firms or many firms. This rivalry may take place in terms of price, quality, service or combinations of these and other factors which customers may value.
Source: OECD
In sport it used to be said that it is not the winning that counts but the taking part. That approach to professional sport would now seem rather quaint, but the debate has been recycled somewhat in relation to antitrust compliance programmes. The question currently being debated is whether companies that in good faith invest…
Introduction The European Commission has published its long-awaited proposals to overhaul the Technology Transfer Block Exemption Regulation,[1]Regulation 772/2004 April 27 2004 on the application of Article 81(3) (now Article 101(3)) of the Treaty to Categories of Technology Transfer Agreements, OJ L 123, Pages 11-17. which provides a competition law safe harbour for agreements that license…
On 21st December 2012, the Supreme Court granted permission to Morgan Crucible to appeal against the judgment of the Court of Appeal, delivered in July, concerning the time limits for bringing follow-on claims in the Competition Appeal Tribunal (CAT). Court of Appeal’s Judgment By its judgment the Court of Appeal shed light on the limitation…
In these difficult economic times, companies caught up in EU competition enforcement proceedings now regularly claim that the imposition of heavy fines could put them out of business. “Inability to pay” (ITP) arguments have therefore become regular features of fines assessments and appeals. Naturally, the European Commission is focussed on deterrence and on imposing headline…
In the UK competition world, it’s been the season for the god of quirks and small things. This has been a lot of fun. However, sadly we’re soon going to have to sober up and look at what lies beneath. But first let’s look at the quirks and small things. Towards the end of last…
The Austrian Parliament has passed a bill amending the Austrian competition law rules. On March 1, 2013, significant changes will enter into force. These include the following: This is the follow-up to the post “Austria: New competition rules – Take one”. Strengthening of private enforcement The legislator made efforts to promote private enforcement. This is…
A NEW COMMISSIONER OF COMPETITION FOR CANADA The year just ended witnessed a changing of the guard at Canada’s Competition Bureau, with Melanie Aitken resigning as Commissioner of Competition in September 2012. Ms. Aitken was replaced on an interim basis by John Pecman, a seasoned Bureau veteran with over 28 years of enforcement experience. It…
Canada’s first competition legislation was enacted in 1889, with the intention of combatting the price-fixing and other anti-competitive conduct of so-called “combinations”. Trade and professional associations figured prominently among the “combinations” alleged to have engaged in this anti-competitive behaviour. As one observer commented at the time, “there are few branches of trade in this or…
The Disputes Microsoft is sued for alleged excessive pricing in China by Guangzhou Kam Hing Textile Dyeing Co., Ltd. (Guangzhou Kam Hing). In March 2012, Microsoft sued Guangzhou Kam Hing in the Nansha District People’s Court (Nansha Court) for using pirated Microsoft software. According to the news report, the Hong Kong parent company of Guangzhou…
Australia has a statute-based access regime – Part IIIA of the Australian Competition and Consumer Act 2010 (Cth) (CCA). The Commonwealth has recently announced a comprehensive review (Inquiry) of Part IIIA by the Productivity Commission (Commission). The Inquiry’s terms of reference were released on the 25 October 2012 and provide a very broad scope for…
