This blog deals with the 2nd part of the FCO’s discussion paper on internet platforms: possible theories of harm and intervention of competition agencies. For the first part on general concepts please see my previous blog. Merger control The FCO explains that reducing the number of platforms may actually increase competition, due to the easier…

On 6 October 2015, the European Court of Justice (ECJ) ruled in a case concerning rebates and when they fall foul of EU competition law. Background The case concerns Post Danmark and, unlike appeals against European Commission Decisions, came by way of a reference from the Danish High Court seeking formal guidance on the interpretation…

Company H.R. functions, such as recruitment and compensation, are not typically regarded as antitrust “hot spots” (as opposed to sales and marketing). Recent cases in the United States, however, highlight how hiring practices can create the risk of competition law violations for companies and their H.R. personnel. Since Canadian competition law is similar to U.S….

The Polish Competition Authority, which is the President of the Office of Competition and Consumer Protection (the “PCA”), has announced that, starting from 1 September 2015, it will be issuing statements of objections to undertakings and will set up an internal evaluation committee. These new tools are, in PCA’s own words, designed to “strengthen procedural…

76th Lunch Talk of the Global Competition Law Center Monday, June 29, 2015 from 12:00 PM to 2:00 PM Seven Years of Settlement Decisions: an appraisal after the TIMAB judgment Flavio LAINA, DG COMP, European Commission Stephen SPINKS, Sidley Austin LLP Moderator: Denis Waelbroeck, GCLC & Ashurst LLP Programme: 12:00 – 12:30: Sandwich lunch and…

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…

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…

In an earlier post, of 2 December 2014, in which I reviewed the Competition and Markets Authority’s (“CMA”) draft annual plan for 2015/2016, I observed that (as of that date) the CMA had not, since assuming the functions of the Office of Fair Trading and Competition Commission on 1 April 2014, opened a Phase II…

Three key themes will shape Canadian competition and foreign investment law in 2015. Specifically, we see developments in these areas unfolding in a regulatory environment in which administration and enforcement is increasingly: • consumer-facing: The Competition Bureau’s focus on enforcement in consumer-facing industries will continue into 2015, with policy emphases and recent or open dossiers…

The High Court has recently provided guidance on the application of limitation periods in competition damages actions. In Arcadia v Visa, it ruled that a substantial part of the claimant’s claim, which dated back to 1977, should be struck out for having been brought too late, so reducing the claimed damages by around £500 million….