Unilateral Conduct

Media supplier abused dominant position

Premium 01 August 2005

The Danish Competition Authority has ruled that media supplier DBC had abused its dominant position in its agreements with public libraries.

Commission decision revoked on appeal

Premium 01 August 2005

On 9 June 2005, the Swiss Competition Appeals Commission annulled a judgement of the Competition Commission. The original judgement had abolished the ‘no discrimination rule’ clauses in agreements between credit card acquirers and merchants due to the collectively dominant position of the four major market players. The decision primarily deals with procedural issues but also comments on the definition of the relevant market.

US chipmakers in bitter dispute

Premium 01 August 2005

US chipmakers in bitter dispute US chipmaker Broadcom has launched a lawsuit against rival Qualcomm, saying that it is guilty of abuse of dominance in the cellphone technology market.

Parallel trade and the pharmaceutical industry

Premium 01 August 2005

Following the European Court of Justice’s recent refusal to rule on the substantive issues put before it by Greece’s Competition Authority, Europe’s pharmaceutical industry will be waiting for a long time, possibly years, before clarity is obtained on the option of dominant manufacturers refusing supplies in order to limit the parallel trade by pharmaceutical wholesalers to other European markets.

Intra-group abuse of a dominant position and the notion of joint control

Premium 01 July 2005

In January 2005 the regional court in Brno, responsible for judicial review of decisions by the Czech Office for the Protection of Economic Competition (the Office), issued its ruling on matter 29 Ca 215/2003-Ceská rafinérská (decision). The court struck out the administrative decision of the Office (subsequently confirmed, subject to minor changes, on appeal by the Office chairman).

Decision on abuse of dominant position by Toyota

Premium 01 July 2005

The Danish Competition Authority rules on a claim against Toyota that the car manufacturer abused its dominant position in relation to authorised and unauthorised repairers and distributors.

ENI under investigation yet again

Premium 01 May 2005

Once again the IAA is dealing with an alleged exclusionary abuse by a dominant company, vertically integrated and active in the entire gas chain (supply, international and national transport, storage, wholesale supply, retail sale) and possessing many means of influencing the Italian gas market structure. Peculiar to this case is the fact that whilst the abusive conduct has been committed outside the EU territory (in the upstream market for the international transport of natural gas in Algeria), its alleged object and alleged effects were to preserve the dominant position of ENI in the downstream Italian market for wholesale supply of natural gas.

First decision on marketing support by a dominant supplier

Premium 01 May 2005

The Competition Council has released a decision on the use of marketing support by Danish dairy company, Arla Foods.

Israel: Antitrust Authority intends to prosecute for abuse of dominant position

Premium 01 April 2005

The Israeli Antitrust Authority announced that it intends to prosecute the Israeli chocolate monopoly and some of its superior officers for the abuse of dominant position, following the penetration of Cadbury into the Israeli market. Under the Israeli Restrictive Trade Practices Law, such behaviour is a criminal offence, and the decision has raised a debate on whether abuse of dominant position should be a criminal offence under the Law. D Ziv Abramovich Epstein Chomsky & Co Tel Aviv

Antitrust group defects to Dechert

Premium 01 January 2005

Swidler Berlin Shereff Friedman has seen eight members of its antitrust practice group defect to Dechert LLP in Washington DC.