On 17 January 2020 the UK Competition and Markets Authority published a penalty notice imposing its first ever fine for non-compliance with an information request issued in the context of a market study. This follows on from a series of recent fines issued for failure to comply with requests for information in the context of … Read more
We are delighted that our overview of collective damages claims in competition cases in the UK has just been published as part of Global Competition Review’s new Guide to Private Litigation. The Guide includes 21 chapters written by leading practitioners, exploring in depth the key themes raised in competition litigation across the globe. We are … Read more
In July this year the CMA launched its digital markets strategy, which sets out how the CMA will continue to protect consumers in rapidly developing digital markets. A key element of this strategy was the launch of a market study into online platforms and digital advertising and the CMA has now published its interim report, … Read more
On 6 December 2019, the ACCC launched its first enforcement proceedings under the new ‘effects test’ prohibition on misuse of market power. The proceedings will provide much needed guidance as to how the much-debated ‘effects test’ will apply to unilateral conduct. It is noteworthy that the two proceedings to date that invoke the ‘effects test’ … Read more
Competition law/algorithms has been a hot topic of debate amongst practitioners and enforcers for a while, and now two of Europe’s top antitrust enforcers, the Autorité de la Concurrence and the Bundeskartellamt, have joined forces to analyse and publish a report on the potential competition law risks relating to pricing algorithms and their potential contribution … Read more
In its recent judgments dated 1 October 2019 (in connection with appeals 5280/2018 and 5244/2018), the Spanish Supreme Court (the “SSC”) has found that the legal representatives and members of the management boards of undertakings that infringe competition rules need not have a decisive or significant role in the infringement; they can be penalised for … Read more
The Hong Kong Competition Commission (HKCC) has ruled that a pharmaceutical sales survey proposed by some members of the Hong Kong Association of the Pharmaceutical Industry (HKAPI) is covered by the First Conduct Rule, which prohibits anti-competitive agreements. The HKAPI had planned to collect sales data from pharmaceutical companies on their prescription and over-the-counter pharmaceutical … Read more
On 2 October 2019, the Indonesian Competition Commission (“KPPU”) issued Regulation No. 3 of 2019 on Evaluation of Company Mergers, Consolidations or Share Acquisitions that May Result in Monopolistic Practices and/or Unfair Business Competition (“Regulation 3”). While Regulation 3 came into effect on 3 October, it only became public on 14 October. Read more
The South African competition authorities this month took an important step towards enforcing novel price discrimination and buyer power provisions contained in the Competition Amendment Act No.18 of 2018 (Amendment Act), with the publication of draft Regulations (here) and Guidelines (here and here) by the Minister of Trade and Industry (Minister) and the Competition Commission … Read more
