Topic: Exclusivity clauses

Italy probes rail incumbent over exclusionary abuse

Italy’s Competition Authority has launched an investigation into the country’s largest rail operator after its only rival in the high-speed passenger transport services market alleged the operator abused its dominance to push competition out of the market.

11 August 2022

Turkey opens four antitrust probes in a week

Turkey’s antitrust watchdog has opened four separate antitrust investigations into six digital platforms and a pasta supplier, as local lawyers suggest the enforcer is bouncing back from the coronavirus pandemic and shifting its focus away from merger control.

10 August 2022

UK tribunal annuls CMA’s first-ever MFN infringement decision

The UK’s Competition Appeal Tribunal has overturned the Competition and Markets Authority’s £17.9 million fine against CompareTheMarket, in a judgment that sets aside the agency’s first-ever decision to punish the use of most-favoured-nation clauses.

09 August 2022

Pet owners accuse test kit owner of dodging FTC settlement

A class of pet owners has accused a test kit maker of illegally cornering off the market for animal diagnostic tests through long-term exclusive dealing with veterinarians.

27 July 2022

Seventh Circuit rejects health clinic’s exclusive dealing claims

Allegations that Southern Illinois Hospital Services and its largest insurer entered into contracts that constitute illegal tying, exclusive dealing and monopolisation lack supporting evidence, a federal appellate court has ruled in affirming a lower court’s dismissal of the case.

19 July 2022

CAT dismisses academic gown supplier’s standalone abuse claim

The UK’s Competition Appeal Tribunal has dismissed a damages claim filed against the country’s largest supplier of graduation services, ruling that the defendant’s supply contracts with universities do not qualify as exclusive agreements.

18 July 2022

AG Rantos calls for broad interpretations of Intel and ‘economic entity’ concept

The Intel requirement for antitrust enforcers to conduct an as-efficient competitor test should extend to all cases where a dominant company claims that its conduct could not exclude equally-capable rivals from the market, an advocate general at the European Court of Justice has said.

14 July 2022

Disney drops Israeli exclusivity clauses

Israel’s Competition Authority has closed its investigation into the exclusivity clauses included in Disney’s distribution agreement with an Israeli television satellite operator to stream Disney+ because the companies abandoned the deal just weeks after its launch.

01 July 2022

Pharmacies' monopolisation claims against Surescripts beat dismissal

A federal judge has declined to dismiss a monopolisation case brought by several pharmacies against e-prescription company Surescripts.

24 June 2022

Intel claims EU owes €593 million over annulled antitrust fine

Intel is seeking €593 million in default interest from the European Commission after its €1 billion antitrust fine was overturned by the General Court in January.

21 June 2022

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