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Competition & Antitrust

15 August 2019
Dieter Hauck Amazon slightly changes course

Austria - Preslmayr Attorneys at Law

Amazon has offered to change its terms and conditions following a series of Federal Competition Authority (FCA) investigations regarding business practices on the 'Amazon.de' marketplace. The FCA conducted an extensive market survey in which approximately 400 of the top-selling Austrian marketplace traders on 'Amazon.de' were interviewed in writing and via telephone. The survey results showed that Amazon had market power for a representative selection of larger Austrian marketplace traders.

Author: Dieter Hauck
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Claudia Bock New developments in competition authority's decision-making practice: whistleblowers and appointed guardians

Czech Republic - Schoenherr

The Office for the Protection of Competition recently found two companies guilty of bid rigging in a public tender. While similar bid-rigging cases occur quite frequently and generally fall within the office's purview, this case is unique because, for the first time, the office was informed about the anti-competitive behaviour by a whistleblower and appointed a guardian for one of the parties involved.

Author: Claudia Bock
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Anna Turi By cash or card? HCA releases findings of sector inquiry into bank card acceptance market

Hungary - Schoenherr

In 2017 the Hungarian Competition Authority (HCA) initiated a sector inquiry into the bank card acceptance market. Although the market was found to be competitive and functioning in accordance with the relevant regulations, the HCA has made a number of recommendations to both the legislature and market players in order to stimulate further growth.

Authors: Anna Turi, Márk Kovács
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Man Mohan Sharma Court allows simultaneous proceedings against directors for alleged antitrust violation

India - Vaish Associates Advocates

In December 2018 the division bench of the Delhi High Court reconfirmed an earlier decision and held that simultaneous inquiries could be undertaken into Monsanto and its directors and officers for their alleged violation of the Competition Act 2002. The court also clarified that under Section 27 of the act, penalties could be imposed on the individuals in question based on their Monsanto-derived income.

Author: Man Mohan Sharma
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Shai Bakal Competition authority initiates wide-reaching reform of merger reporting regulations

Israel - Tadmor Levy & Co

The Israel Competition Authority recently published a draft amendment to the Antitrust Regulations (Registry, Publication and Reporting of Transactions) for public consultation. The draft includes significant and far-reaching changes regarding the scope of the transactions that will require merger approval by the competition commissioner, as well as the extent of the disclosure that will be required when filing merger notifications.

Authors: Shai Bakal, Roi Krause
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Désirée Stebler Federal Administrative Court rules on abuse of dominant position

Switzerland - Lenz & Staehelin

The Federal Administrative Court recently upheld a Sfr7 million fine issued by the Swiss Competition Commission in 2010 against SIX Group regarding the processing of credit and debit card payments. This long-awaited decision dealt with numerous legal questions of relevance to dominance cases; however, it is not yet final, as an appeal is pending before the Federal Supreme Court.

Author: Désirée Stebler
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Bernardine Adkins Acquisitions of minority shareholdings under UK merger control regime

United Kingdom - Gowling WLG

The Competition and Markets Authority can open an investigation and impose initial enforcement orders where it has reasonable grounds to suspect that two or more enterprises have ceased to be distinct. This includes circumstances in which an acquirer purchases only a minority shareholding in the target because, under the UK merger control regime, two or more enterprises cease to be distinct where they are brought under common ownership or common control.

Authors: Bernardine Adkins, Samuel Beighton
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Recent updates

Man Mohan Sharma Supreme Court ends jurisdictional conflict between CCI and TRAI

India - Vaish Associates Advocates

Author: Man Mohan Sharma
Bernardine Adkins Use of IEOs in completed transactions

United Kingdom - Gowling WLG

Authors: Bernardine Adkins, Samuel Beighton
Robin D Adelstein Enhancing the 'carrot': DOJ announces changes to its compliance programme policy

USA - Norton Rose Fulbright US LLP

Authors: Robin D Adelstein, Gerald A Stein
Lucía Ojeda Cárdenas Joint participation in public procurement processes: the Mexican paradox

Mexico - SAI Law & Economics

Authors: Lucía Ojeda Cárdenas, Mariana Carrion
Martin André Dittmer Maritime and Commercial Court finds HMN and competitors guilty of illegal price coordination agreement

Denmark - Gorrissen Federspiel

Authors: Martin André Dittmer, Christian Liborius
Galina Petkova Funeral agency fined for not complying with earlier CPC decision

Bulgaria - Advokatsko Druzhestvo Andreev Stoyanov & Tsekova in cooperation with Schönherr

Authors: Galina Petkova, Rosen Manchev
Gönenç Gürkaynak Competition Board fines fertiliser company for hindering on-site inspection

Turkey - ELIG Gürkaynak Attorneys-at-Law

Author: Gönenç Gürkaynak
Michael Gu Antitrust enforcement review 2018: monopoly investigations

China - AnJie Law Firm

Authors: Michael Gu, Sihui Sun, Grace Wu