The ACCC pilots its first ‘Effect Test’ in misuse of Market Power Proceedings

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

South African authorities take key step towards enforcement of novel price discrimination and buyer power provisions

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

A First in 20 years: EU Commission imposes interim measures on Broadcom

On 16 October 2019, the EU Commission (“the Commission“) adopted interim measures against Broadcom in connection with its ongoing investigation into the company for abuse of a dominant position. The investigation started in June 2019 when the Commission opened an antitrust investigation to assess whether Broadcom restricted competition in various chipsets and components markets by … Read more

Vestager nominated to remain as Commissioner for Competition

On 10 September 2019 European Commission President-Elect Ursula von der Leyen presented her list of nominees for the next College of Commissioners, due to take office on 1 November 2019. In an unexpected turn of events, she has proposed that Margarethe Vestager continues in her current role as the Commissioner for Competition, alongside a new … Read more

German FCO’s landmark Facebook decision suspended on appeal

On 26 August 2019, the Düsseldorf Higher Regional Court (DHRC) granted a temporary injunction suspending the German Federal Cartel Office’s (FCO’s) landmark abuse of dominance decision against Facebook, pending final determination of the company’s appeal. In an important judgment with potential ramifications for the enforcement of competition law in the digital economy well beyond the … Read more