Work Area: Unilateral Conduct

German court refers Nokia/Daimler patent dispute to ECJ

A German court has referred multiple questions on the application of EU abuse of dominance rules in Nokia’s high-profile patent dispute with Daimler to the European Court of Justice.

27 November 2020

EU issues pay-for-delay fines after nine-year probe

The European Commission has fined Cephalon and Teva a total of €60.5 million for entering into pay-for-delay agreements for a sleep disorder drug, although the enforcer said it no longer believes these types of agreements are a “big issue” in terms of their prevalence.

26 November 2020

ECJ clarifies abuse of dominance rules on music licensing fees

It is not necessarily an abuse of dominance for a copyright management company to calculate its tariffs based on the revenue that music event organisers receive from ticket sales, the European Court of Justice has said in a preliminary ruling.

25 November 2020

CMA consults on bipolar drug commitments

Essential Pharma has promised to continue supplying a bipolar drug to UK patients, likely addressing the UK competition authority’s concerns that it abused its dominance by planning to withdraw the medication from the national market.

24 November 2020

Booking.com can be sued where anticompetitive harm occurs, ECJ rules

A German hotel that listed its rooms on Booking.com can bring a standalone abuse of dominance action in the member state it operates in, despite the platform being based in the Netherlands, the European Court of Justice has ruled.

24 November 2020

Eleventh Circuit questions Delrahim on precedent for reversing Blue Cross immunity

A federal appellate court has questioned the Department of Justice's antitrust chief on what precedent should guide its evaluation of whether Blue Cross and Blue Shield of Florida should be immune from an antitrust lawsuit brought by a rival insurance company.

23 November 2020

Ice cream company chilled competition, ACCC alleges

One of Australia’s largest individual ice cream suppliers harmed competition by implementing an exclusive dealing arrangement with a major food distributor, the country’s competition watchdog has alleged.

20 November 2020

First disputed excessive pricing decision upheld in South Africa

A South African appellate court has upheld a controversial decision to sanction a mask supplier for charging excessive prices during the initial stages of the coronavirus pandemic, but annulled the company’s actual fine due to the limited scope of the infringement.

19 November 2020

General Court reduces first EU antitrust fine for removing public infrastructure

The EU General Court has confirmed that Lithuanian Railways abused its dominance by unnecessarily removing a section of track from its network, but counsel to the company said the decision is an “unjustified departure” from established essential facility doctrine.

18 November 2020

ACCC watches as Epic Games brings Apple fight to Australia

Epic Games has filed a lawsuit in Australia accusing Apple of illegally maintaining its monopoly over the distribution of apps and in-app payments on its mobile platform, as the country’s competition watchdog said it is keeping a close eye on the case.

18 November 2020

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