Archives: Competition Law

Subscribe to Competition Law RSS Feed

Margrethe Vestager re-appointed as Competition Commissioner and given a broader digital mandate

On 10 September 2019, Margrethe Vestager was proposed as the European Commissioner for Competition, a post which she has held since November 2014.  The appointment is still subject to the confirmation of the European Parliament. Vestager has also been given the role of Executive Vice President, with the mandate of making “Europe Fit for the … Continue Reading

The European Commission’s guidance on passing-on damages calculation

The European Commission (“EC”) has recently published Guidelines for national courts on how to estimate the share of the overcharge caused by cartels which was passed on by direct purchasers to their customers (“Passing-on Guidelines”). The Passing-on Guidelines provide an extensive practical overview of the applicable legal context, the relevant economic theory and quantification methods … Continue Reading

Covington Alert: DOJ to Credit Compliance Programs and Consider Deferred Prosecution Agreements in Cartel Cases

On July 11, 2019, Assistant Attorney General Makan Delrahim announced fundamental and sweeping changes to the Division’s approach to corporate compliance policies that will bring it into line with other Department of Justice branches.  In every case, the Division will now consider compliance programs in deciding whether to file criminal charges and in calculating fines. … Continue Reading

Covington Alert: Implications and Questions Arising From The Supreme Court’s Antitrust Ruling in Apple, Inc. v. Pepper

On May 13, 2019, the Supreme Court (“the Court”) announced its 5-4 decision in Apple, Inc. v. Pepper, permitting iPhone users to proceed with an antitrust suit against Apple alleging that it monopolized the retail market for iPhone apps. The Court emphasized that it decided only the threshold issue, ruling that the iPhone users were … Continue Reading

Covington Alert: English Competition Appeals Tribunal to Reconsider £14 Billion Class Action Against MasterCard

On 16 April 2019, England’s Court of Appeal ruled that the Competition Appeals Tribunal (the “CAT”) had erred in rejecting certification of former financial ombudsman Walter Merricks’ class action against MasterCard, for £14 billion.  As a result, the CAT will now reconsider whether to certify the class. The decision has lowered the bar that will need … Continue Reading

The European Commission publishes report on EU loan syndication and its impact on competition in credit markets

On 5 April 2019, the European Commission (“EC”) published a report – prepared by Europe Economics at the request of DG COMP – on EU loan syndication and its impact on competition in credit markets (the “Report”). The Report describes the functioning of the syndicated loan business and seeks to assess whether there are potential … Continue Reading

EU Court Confirms the Annulment of the European Commission’s Decision Prohibiting the UPS/TNT Transaction

On 16 January 2019, the European Court of Justice (“ECJ”) rejected the European Commission’s (“Commission”) appeal in Commission v. UPS. The judgment followed Advocate General Kokott’s Opinion of July 2018, and upholds the 2017 judgment of the General Court (“GC”) annulling on procedural grounds the Commission’s decision prohibiting the acquisition of TNT by UPS.… Continue Reading

An aid scheme or not? The GC annuls the Commission’s decision on Belgium’s system of excess profit tax rulings

On 14 February 2019, the General Court (“GC”) annulled the European Commission’s (“Commission”) decision of 11 January 2016 declaring Belgium’s system of excess profit rulings as an aid scheme incompatible with the Internal Market.  The Commission had ordered the Belgian authorities to recover around € 700 million from at least 35 companies that had benefited … Continue Reading

“No Deal” Brexit and the UK State Aid Regime (Part 2)

On 21 January 2019, the UK government published its draft statutory instrument on State aid, outlining the changes to the UK State aid regime in the event of a no deal Brexit. Its publication comes at critical moment for the UK as it considers the potential options for leaving the European Union: (i) leave with a … Continue Reading

Deal or No Deal Brexit? The Lowdown for Competition Law (Part 1)

Potentially significant changes are just around the corner for the UK competition system, as the country prepares to take the final step of exiting the European Union. In this regard, the UK has three potential options: (i) leave with a deal; (ii) leave without a deal; or (iii) postpone the date of leaving. Should the … Continue Reading

Application of the private investor test in State aid cases: lessons from the EDF saga

On 13 December 2018, the European Court of Justice (“ECJ”) rejected an appeal by Electricité de France (“EDF”) against a General Court (“GC”) judgment confirming a Commission decision ordering France to recover EUR 1.37 billion in State aid from EDF (Case C-221/18 P EDF v Commission). The ECJ judgment confirms that the aid, which had … Continue Reading

EU Court’s Partial Annulment of the Decision in the Servier Reverse Payment Patent Settlement Case

On 12 December 2018, the EU General Court (GC) delivered its judgment in the Servier reverse payment patent settlement case, the second GC judgment to date on reverse payment patent settlements (after the 2016 Lundbeck judgment). The GC confirmed that such agreements fall within the scope of Article 101 of the Treaty on the Functioning … Continue Reading

The ACM’s guidance to address competition law concerns for FinTech in the creation of technical standards

Introduction On December 3, 2018, the Dutch Authority for Consumers & Markets (“ACM”) published a speech from its board member, Cateautje Hijmans van den Bergh, regarding potential competition law concerns in the financial technology (“FinTech”) sector. In particular, further to the European Parliament’s study on FinTech and competition law (the “Study”) – as discussed in … Continue Reading

“Four-to-three” mergers no longer taboo? The Commission unconditionally approves the acquisition of Tele2 NL by T-Mobile NL

In November 2018, following an in-depth Phase 2 investigation, the European Commission (“Commission”) unconditionally approved the acquisition of Tele2 NL by T-Mobile NL, respectively the fourth and third largest players in the Dutch retail mobile telecoms market. The merged entity remains the third largest player in this market after KPN and VodafoneZiggo. This transaction is the first “four-to-three” … Continue Reading

UK Government and CMA research whether online customers are targeted through personalised pricing

On 4 November 2018, the UK government and the Competition and Markets Authority (“CMA”) issued a press release confirming that they will examine the practices of retailers that target online consumers and charge them different prices for the same product through personalised pricing.  Their research will cover a range of products sold online “such as … Continue Reading

A refusal to make a ‘Collective Proceedings Order’ in England can be appealed

In its 13 November 2018 judgment in Merricks v MasterCard, the English Court of Appeal (the CA) determined that a refusal by the Competition Appeal Tribunal (CAT) to grant a Collective Proceedings Order (CPO) can be appealed to the Court of Appeal. A CPO is the order by which the CAT authorises a class representative … Continue Reading

Advanced Competition Law Conference Brussels – Joint Presentation on Recent EU Cartel Enforcement

On 20 November, Johan Ysewyn and Maria Jaspers (DG COMP) presented the highlights of recent EU cartel enforcement in their annual presentation at the Advanced EU Competition Law Conference in Brussels.  Their presentation covered their now-traditional three pillars: enforcement, policy and court review.… Continue Reading

Land agreements rise up the CMA’s agenda

In October, the UK’s Competition and Markets Authority (CMA) imposed a fine of 1.6 million GBP for a land agreement which it found to infringe competition law. This is the first time that the CMA has taken enforcement action and issued a fine in relation to a land agreement, despite such agreements having been covered … Continue Reading

The CMA’s Paper on Pricing Algorithms, Collusion and Personalised Pricing

On 8 October 2018, the UK Competition and Markets Authority (“CMA”) published a Working Paper on the ‘use of pricing algorithms to facilitate collusion and personalized pricing’ (the “Paper”). It follows a number of other initiatives from competition authorities regarding algorithms, including the recent German Monopolies Commission’s proposals regarding pricing algorithms, which was the subject … Continue Reading

IoT Update: BEREC launches public consultation on the ‘Data Economy’

On the 10th October 2018, BEREC (the Body of European Regulators for Electronic Communications) launched its public consultation on the ‘Data Economy’. This comes at a time when different regulators are increasingly discussing the importance of big data, including the opportunities and risks that it brings about, how these may evolve, and how (and increasingly … Continue Reading

CAT upholds Ping’s fine: lessons on online sales bans

On August 24, 2017, the UK’s Competition and Markets Authority (“CMA”) fined Ping Europe Limited (“Ping”) £1.45 million for breaching UK and EU competition law by instituting a ban on online sales of Ping golf clubs.  Ping challenged the CMA’s decision before the Competition Appeal Tribunal (“CAT”).  On September 7, 2018, the CAT dismissed the … Continue Reading
LexBlog