Topic: Due process

ACM threatened with daily fines for investigation delay

The Dutch competition watchdog has until the end of this year to decide whether to issue sanctions in a confidential antitrust investigation or else it will be ordered to pay daily penalties, a local court has ruled.

15 September 2022

India's antitrust authority overhauls confidentiality regime

Local competition lawyers have praised the Competition Commission of India for overhauling its confidentiality regime to ensure that parties to an antitrust investigation have access to relevant confidential documents in a timely manner while protecting against unauthorised disclosure.

14 April 2022

Lack of due process puts FTC at risk, warns former official

Debbie Feinstein, the former director of the Federal Trade Commission’s bureau of competition, has said she “fears for the future” of the agency if the Senate starts to focus on its trend of restricting due process during merger investigations.

07 April 2022

ECJ harmonises double jeopardy test

The test for double jeopardy under EU competition rules is the same test that applies in all other areas of law, meaning the same person or company usually cannot be penalised more than once for the same set of material facts, the European Court of Justice has ruled.

22 March 2022

Dutch court issues first-ever ban on market study publication

A Dutch court has imposed a novel interim injunction blocking the country’s competition enforcer from publishing its market study into healthcare IT systems while a company in that sector challenges its findings.

22 March 2022

Turkish court annuls penalties for forex information request refusals

A Turkish court has admonished the country’s antitrust enforcer for trying to obtain chat logs involving foreign currency traders in the UK and the US from their respective banks’ Turkish subsidiaries.

09 March 2022

UK tribunal limits third party confidentiality claims in Compare The Market appeal

The UK’s specialist competition tribunal has refused to protect the identities of third parties that spoke to the Competition and Markets Authority during its investigation into Compare The Market’s most favoured nation clauses.

25 February 2022

ACCC will learn from failed criminal cartel case, Sims stresses

There is “no doubt” that the collapsed ANZ cartel case went on for too long and Australia’s antitrust enforcer will “get as many lessons out of this as possible” – including potentially asking for simpler criminal cartel laws, agency chair Rod Sims has said.

17 February 2022

EU does not have to refund heat stabilisers cartel fine, General Court rules

The European Commission need not refund the €3.3 million penalty that GEA Group provisionally paid when it was found liable for its subsidiaries’ roles in the heat stabilisers cartel, even though one of the agency's earlier decisions imposing those fines has been struck down, the EU General Court has held.

09 February 2022

Motorola loses bid to block CMA market investigation

The UK’s Competition Appeal Tribunal has rejected the first-ever judicial challenge to the national antitrust enforcer’s decision to open a market investigation.

01 February 2022

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