Digital competition law update from Germany: Franco-German report on algorithms and competition law, and draft German law on Digitalisation of German Competition Law

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

THE OFFICERS OF COMPANIES THAT INFRINGE SPANISH COMPETITION RULES MAY BE PENALISED FOR THEIR PASSIVE CONDUCT IN THE INFRINGEMENT

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

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

EU Commission imposes more fines for cross-border sales restrictions – the Hello Kitty case is the latest in a series of cases

On 9 July 2019 the EU Commission imposed a fine of €6.2 million on Japanese company Sanrio for restricting cross-border sales in the EU of its Hello Kitty merchandising products. In addition to direct sales the Hello Kitty products are distributed in Europe through licensed distributors, and Sanrio’s merchandising agreements contained clauses that expressly restricted … Read more

The next step in the battle for data? EU Commission opens formal investigation into Ireland’s insurance market

On 14 May 2019, the EU Commission (“the Commission“) announced that it has opened a formal antitrust investigation into Insurance Ireland, an association of insurance companies active in Ireland (“Investigation“). The association administers a database (Insurance Link), to which its member companies contribute insurance claims data on an ongoing basis. Insurance Ireland makes this database … Read more

Competition Tribunal hands down judgments finding first ever contraventions of the Competition Ordinance

On 17 May 2019 the Competition Tribunal (“Tribunal”) issued two much anticipated decisions in relation to the first and second cases brought before it by the Hong Kong Competition Commission (“Commission”). These judgments are noteworthy because, in addition to establishing the very first contraventions of the Competition Ordinance (“Ordinance”), they clarify a number of key … Read more

EU Commission publishes EURIBOR decision fining three banks €485 million

On 9 April 2019, the European Commission published the full text of its decision to fine Crédit Agricole, HSBC and JPMorgan Chase for participating in a cartel in the euro interest rate derivatives (“EIRD“) sector. While four of the seven participating banks settled the case with the Commission in December 2013, these three banks did … Read more

Joint tendering under Spanish competition law

In this video update, Henar González Durántez (head of the Competition and Trade practice in Madrid) analyses joint bidding through consortia agreements in Spain (known as UTEs) from the perspective of competition law and provides a series of recommendations for companies that are considering forming a consortium agreement or UTE to participate in a tender. … Read more