Topic: Due process

General Court reverses heat stabiliser cartel ruling

The EU’s General Court has ruled that the European Commission did not breach the principle of equal treatment when recalculating fines on three companies in the heat stabiliser cartel that belonged to the same economic group.

25 January 2023

PGA Tour subpoena barred by sovereign immunity, Saudi Arabian investment fund says

The PGA Tour cannot compel the Saudi Arabian government entity behind LIV Golf to produce discovery and submit to US jurisdiction in an antitrust dispute between the two tournaments, the investment fund has said.

25 November 2022

Car dealerships invoke Noerr immunity in Tesla lawsuit

Tesla cannot use antitrust law to punish the Louisiana Automobile Dealers Association for successfully lobbying the state’s legislature, the car dealership trade association has said.

16 November 2022

Louisiana wants a say in Tesla restraint-of-trade case

The state of Louisiana has asked a federal court for permission to defend its automobile sale regulation from a lawsuit brought by Tesla.

21 October 2022

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

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