Work Area: Unilateral Conduct

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

Google loses appeal against €102 million Italian interoperability fine

An Italian administrative court has confirmed the national antitrust watchdog’s €102.1 million fine to Google for hindering an energy solutions provider’s ability to compete in the smart car market.

18 July 2022

CAT certifies class action against Google

The UK’s Competition Appeal Tribunal has certified the country’s seventh opt-out collective action, allowing a claim for £920 million to proceed against Google for allegedly charging app makers “excessive and unfair” fees in order to reap “massive” profits.

18 July 2022

Italian enforcer probes Google over data portability

The Italian Competition Authority is investigating whether Google unlawfully restricted users’ right to data portability and limited the ability of other businesses to develop innovative data-based services.

15 July 2022

Amazon proposes data collection cutbacks to end EU abuse probes

Amazon’s promise to make significant changes to its European business model could allow the European Commission to “test the effectiveness” of the Digital Markets Act before the rules come into effect, local lawyers have said.

14 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

All Servier agreements were by-object restrictions, AG Kokott says

The European Court of Justice should set aside a General Court decision that found agreements between Servier and generics drugmaker Krka did not constitute by-object or by-effect restrictions of competition, EU advocate general Juliane Kokott has said.

14 July 2022

DMA obligations influenced by unresolved tech cases, Whish says

The list of obligations imposed on designated gatekeepers under the EU’s Digital Markets Act has clearly been influenced by the European Commission’s “embryonic” abuse of dominance cases despite those theories of harm currently going unconfirmed, a leading antitrust expert has said.

13 July 2022

General Court confirms dismissal of EU complaint against Philips

The European Commission was entitled to reject a lighting supplier’s antitrust allegations against Koninklijke Philips because there was scant evidence of either abuse of dominance or anticompetitive agreements, the EU General Court has ruled.

13 July 2022

UK tribunal opposes sampling to establish pass-on for interchange fee claims

The UK’s Competition Appeal Tribunal will not use a sample of test cases to assess whether businesses claiming damages as a result of Mastercard and Visa’s illegal interchange fees passed on any losses.

08 July 2022

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