Joint Conduct

European Commission: national autonomy is “subordinate” to EU competition rules

European Commission: national autonomy is “subordinate” to EU competition rules

23 January 2020

The European Commission took the “exceptional step” of intervening in the UK interchange fee litigation because the case raises “important questions” about the “coherence” of national bodies applying EU competition law, the enforcer’s counsel has said.

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

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

22 January 2020

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.

MasterCard: let us “wield a broad axe” to defend conduct

MasterCard: let us “wield a broad axe” to defend conduct

21 January 2020

Empirical data should not be required to prove a company’s conduct is exempt from competition law, counsel to MasterCard has argued to the UK Supreme Court.

Lower court conflated facts with law, Visa tells UK Supreme Court

Lower court conflated facts with law, Visa tells UK Supreme Court

20 January 2020

A UK appeals court was wrong to find that Visa’s and Mastercard’s multilateral interchange fees are anticompetitive, because it ignored evidence that the level of the fees did not affect merchants’ ability to negotiate with banks, Visa’s counsel has argued.

South African enforcer orders mobile operators to reduce prices

South African enforcer orders mobile operators to reduce prices

04 December 2019

The Competition Commission of South Africa has given Vodacom and MTN two months to lower their prices for data services, or face excessive pricing charges.

Info exchange is ambiguous, observers from multiple jurisdictions say

Info exchange is ambiguous, observers from multiple jurisdictions say

13 November 2019

The line between permissible information exchange and collusion is not as clear cut as many businesses and trade associations would prefer, lawyers from Europe, North America and Asia have said.

UK retailer accuses Nike and Adidas of abuse

UK retailer accuses Nike and Adidas of abuse

15 October 2019

Sports Direct has lashed out at Nike and Adidas, alleging they exploit their superior bargaining power to segment the sportswear market and refuse to deal with downstream rivals.

French enforcer shows commitment to overseas territories

French enforcer shows commitment to overseas territories

10 October 2019

France’s Competition Authority has announced it will send officials to French overseas territories ahead of reviewing the largest-ever merger in the regions, one day after it fined Coty, Procter & Gamble and Chanel over exclusive import agreements with retailers in the same territories.

Ukrainian enforcer orders rare structural remedy in abuse probe

Ukrainian enforcer orders rare structural remedy in abuse probe

09 September 2019

For the first time in more than two decades, Ukraine’s competition authority has ordered a manufacturing group to divest businesses, after finding the company abused its dominance in the fertiliser market.

EU heads towards hybrid settlement in geoblocking probe

EU heads towards hybrid settlement in geoblocking probe

30 August 2019

Valve reportedly intends to fight the European Commission’s geoblocking charges, while five other video game developers reportedly plan to settle with the EU enforcer.