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Competition & Antitrust

07 June 2018
Agapi Patsa ECJ sets dominance record straight: price discrimination not all bad

European Union - Baker McKenzie CVBA/SCRL

Discriminatory pricing as an abuse is a little-deployed area of EU antitrust law and there has been no recent enforcement at the European Commission level. The few existing cases concern extreme facts, involving natural or statutory monopolies such as airports or copyright collecting societies. A recent European Court of Justice judgment offers welcome clarification of the case law. It starts with the premise that not all price differences are illegal.

Authors: Agapi Patsa, Bill Batchelor
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Man Mohan Sharma Government dilutes competitive neutrality: oil and gas companies exempt from CCI merger control

India - Vaish Associates Advocates

Continuing its slew of exemptions, the Ministry of Corporate Affairs has exempted all public sector oil and gas companies (created under the Petroleum Act 1934) from pre-merger scrutiny by the Competition Commission of India under Sections 5 and 6 of the Competition Act 2002. The exemption – which will be valid for five years from the date of the official Gazette notification – also extends to all wholly or partly owned subsidiaries of such companies.

Author: Man Mohan Sharma
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Ronan Scanlan Proposed legislation granting additional competition enforcement powers

Ireland - Matheson

A new bill has been proposed in the Oireachtas to grant the Competition and Consumer Protection Commission (CCPC) civil enforcement powers. At present, where the CCPC identifies a suspected breach of competition law, it must petition the court to impose criminal penalties. Under the amendment bill, the CCPC would be empowered to levy administrative fines against firms or individuals for anti-competitive practices. This would bring Ireland into line with most other EU member states.

Authors: Ronan Scanlan, Simon Shinkwin
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Recent updates

Man Mohan Sharma CCI finds prima facie case of abuse of dominance by Haryana Urban Development Authority

India - Vaish Associates Advocates

Author: Man Mohan Sharma
Gönenç Gürkaynak Competition Board concludes preliminary investigation into online sales

Turkey - ELIG Gürkaynak Attorneys-at-Law

Author: Gönenç Gürkaynak
Mary Strimel DOJ enforcement update: higher education

USA - McDermott Will & Emery

Author: Mary Strimel
Dieter Hauck The devil is in the details: transaction value draft guidelines

Austria - Preslmayr Attorneys at Law

Author: Dieter Hauck
Martin André Dittmer First Danish cartel case with risk of imprisonment

Denmark - Gorrissen Federspiel

Author: Martin André Dittmer
Hao Zhan Shifting alliances under Chinese merger control regime

China - AnJie Law Firm

Authors: Hao Zhan, Ying Song, Stephanie Wu Yuanyuan
Ulrica Salomon Supreme Court to try limitations on judicial review of admissible evidence

Sweden - Advokatfirman Lindahl

Authors: Ulrica Salomon, Hanna Lekås, Johanna Svantesson
Ronan Scanlan Gun jumping investigations: implications for the Competition and Consumer Protection Commission

Ireland - Matheson

Authors: Ronan Scanlan, Simon Shinkwin

Upcoming event

IBA - 29th Annual Communications and Competition Conference

June 11-12 2018 – Milan, Italy

Now in its 29th year this must attend event will once again bring together regulators, in house counsel and leading practitioners from Europe, the USA and other jurisdictions around the world to explore current trends and debate the hottest issues in communications and competition law.

For more details go to: