EU unfairly allocated heat stabiliser cartel fine, General Court rules

The European General Court has overturned a decision by the European Commission reconfirming fines it previously imposed on a member of the heat stabiliser cartel, after finding that the enforcer treated the company unequally.

Delaying injunction would cause “irreversible” harm, CAT hears

Assurance scheme provider Achilles has told the UK’s Competition Appeal Tribunal that the longer its application for an injunction against Network Rail goes on, the more likely it is to lose all of its customers and cease operation in the market.

Wahl: excessive pricing remedies are difficult

While identifying excessive prices is possible, remedying their harm remains extremely difficult so long as enforcers are unable to calculate what prices should be charged instead, an advocate general to the European Court of Justice has said.

Colombia’s competition chief suggests asset-based fines

The new head of Colombia’s Superintendency of Industry and Commerce on Monday voiced support for a revamp of the country’s antitrust regime, including a new methodology for calculating fines.
Brazil dismisses cartel accusations against Uber

The Brazilian antitrust enforcer has dismissed a complaint filed by a local association of independent drivers for hire that accused Uber’s business model of setting prices of being a horizontal cartel.
Record fine stands in Australia

A €28.6 million fine levied against Japanese car part maker Yazaki for participating in a cartel will stand after the High Court of Australia refused to hear the company’s appeal – on the same day it also declined to hear an appeal by the country’s enforcer against the dismissal of its Pfizer case.

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GCR USA

Agency officials caution against overuse of some merger tactics

Senior officials at the Department of Justice’s antitrust division and the Federal Trade Commission have said that lawyers should be clear on what they want to accomplish outside the statutory merger review scheme when withdrawing a filing or trying to discuss the deal beforehand.

DOJ presents Forex puzzle pieces

While the Department of Justice laid out the statistical and methodological groundwork for its prosecution of three former currency traders for allegedly coordinating bids, the defence counsel challenged the agency’s sample size and sourcing.

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Features

Two sides of the Atlantic on two-sided markets

At the end of June, the US Supreme Court used the term “two-sided market” for the first time. Its American Express ruling promises to fuel many years of debate, including whether the US court has diverged from its European counterpart’s 2014 judgment in Cartes Bancaires. Three Dechert lawyers – partner Michael Weiner in New York; and partner Alec Burnside and associate Adam Kidane in Brussels – take a transatlantic look at the question.

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Hogan Lovells

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Conference coverage

State aid official: we need right toolkit to define selectivity principle

The European Court of Justice’s recent Heitkamp Bauholding ruling shows the importance the courts attach to the selectivity principle in state aid – but the European Commission lacks “the right toolkit” to define the correct reference system in such cases, a commission official has said.

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Community news

Spanish firm hires renowned academic for trucks cartel claim

Caamaño Concheiro and Seoane has recruited Francisco Marcos, a professor at IE Law School in Madrid, as an academic consultant to advise on damages claims following-on from the European Commission’s trucks cartel decision.

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