CMA fines Fender for online RPM

The UK’s Competition and Markets Authority has imposed its largest ever fine for resale price maintenance, after an investigation found a guitar maker prevented online retailers from discounting its guitars.

Achilles: Safety has nothing to do with Network Rail appeal

A UK rail operator has claimed that its appeal against a UK Competition Appeal Tribunal judgment should be upheld in the interests of public safety, but a company challenging its rules disagrees.

Visa and MasterCard claims are “fanciful”, retailers tell UK Supreme Court

Retailers have pushed back against Visa’s and MasterCard’s claims that their interchange fees are exempt from competition law, arguing that any purported benefits must go to merchants – not cardholders – to outweigh the fees’ restriction of competition.

AG Kokott: GSK pay-for-delay agreements “may be” abusive

GlaxoSmithKline may have abused its dominant position when it signed pay-for-delay agreements with three generic drugmakers, an advocate general to the European Court of Justice has said.
Hong Kong launches first case off leniency application

Hong Kong’s competition enforcer has for the first time launched proceedings following a successful leniency application regarding alleged cartel conduct.
CMA wins against online sales ban

A UK appellate court has confirmed that a ban on authorised dealers’ online sales is a by-object infringement, and backed a ruling from the Competition Appeal Tribunal that distinguished the case from the Coty ruling.

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GCR USA

The government always wins: The Tipline for 23 January 2020

Former Supreme Court Justice Potter Stewart would have turned 105 today. His definition of obscenity – “I know it when I see it” – has been passed down through the ages, but it is not to be overshadowed by his dissenting opinion in Citizen Publishing. There, he took issue with the court’s seven-to-one order finding that a joint operating agreement between two Arizona newspapers violated federal antitrust laws. Justice Stewart said the sole consistency he could find in litigation brought under section 7 of the Clayton Act is that “the government always wins.” Congress has since given newspapers antitrust exemptions for joint operating agreements.

Ninth Circuit seems open to no-poach appeal

A federal appellate court may be sympathetic to reviving the claims of two former LG employees that accused the company of having an illegal no-poach agreement with Samsung.

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Features

Japan’s competition bar

After several years of treading water, Japan’s Fair Trade Commission has a new focus on platforms and improvements to its leniency regime, which bode well for the future of the country’s competition community. Matt Richards ranks the high performers.

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Hogan Lovells

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Conference coverage

CMA to release digital advertising market study report

The UK's Competition and Markets Authority will release its interim report on its market study into online platforms and digital advertising next week, an official has said.

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Community news

Lateral moves in Europe

Vincent Brophy has joined Sidley Austin, a Dechert partner has gone to Pinsent Masons, Willkie Farr & Gallagher has promoted in London, Gibson Dunn & Crutcher announced a new co-chair of its global competition practice and there has been a partner move in Greece.

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