Topic: Exclusivity clauses

Parallel class actions launched against Google and Apple in Portugal

A Portuguese consumer protection group has filed parallel opt-out competition class action claims against Google and Apple on behalf of consumers that allegedly overpaid for their mobile applications due to the companies’ app store rules and the commissions they charge.

23 March 2022

Burden of proof in Intel ruling is “completely unreasonable”, Régibeau says

The different burdens of proof in the Intel and the Google Shopping judgments highlight a “clear issue” in the EU General Court’s analysis, the European Commission’s chief competition economist has said.

15 March 2022

Italy seeks feedback on waste management abuse remedies

Italy’s Competition Authority is considering an incumbent plastic waste recycling consortium’s offer to stop granting its members a discount on a plastic pollutant payment to end an abuse of dominance investigation.

08 March 2022

ACCC probing exclusive arrangements by companies with market power

Australian Competition and Consumer Commission chair Rod Sims has said the agency is actively investigating whether companies with market power are entering into anticompetitve exclusive supply arrangements.

03 March 2022

Dutch enforcer closes abuse probe into Pfizer

Pfizer has agreed to stop its exclusivity-based discount system for the provision of a drug supplied to hospitals for treating autoimmune diseases in order to end an abuse of dominance investigation by the Dutch competition authority.

11 February 2022

Claimant seeks more disclosure as UK standalone abuse trial marches on

An academic gown supplier bringing a standalone abuse of dominance claim against a rival has called for additional disclosure midway through trial before the UK’s Competition Appeal Tribunal, as its counsel lamented the “great difficulty” posed by the defendant’s approach to handing over evidence.

31 January 2022

Hong Kong enforcer probes Delivery Hero and Deliveroo

Hong Kong’s Competition Commission is investigating whether the territory’s two major online food delivery platforms are forcing restaurants into accepting most-favoured-nation and exclusivity clauses.

28 January 2022

Brazil negotiates remedies in major supermarket tie-up

The investigative arm of Brazil’s competition watchdog has proposed a set of structural and behavioural remedies to mitigate competition concerns related to a merger between the country’s largest and third-largest supermarket chains.

28 January 2022

Intel wins EU appeal against €1 billion rebate fine

The EU’s General Court has annulled the European Commission’s €1.06 billion fine to Intel because the enforcer failed to prove the chipmaker’s conditional rebates were likely to have anticompetitive effects.

26 January 2022

Claimants accused of “telling lies” in UK standalone abuse claim

Directors of an academic dress supplier suing a rival for abuse of dominance have defended themselves against claims of “unethical” business practices made by counsel to the respondent.

25 January 2022

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