Work Area: Unilateral Conduct

India’s MMT interim order: timely intervention or unfair intrusion?

India’s competition authority issued an interim order against booking platform MakeMyTrip in early March, forcing it to immediately relist two budget hotel chains it removed as part of an alleged anticompetitive agreement with one of their rivals. Ahead of a keenly anticipated final decision, Khaitan & Co partner Anisha Chand and principal associate Swati Bala examine the implications of that rarely used interim order and how the case will affect the assessment of relevant markets, market power and market access in the digital economy.

04 June 2021

Facebook offers online advertising commitments in France

Facebook has committed to preserve the accessibility and transparency of its online advertising services in a bid to end an abuse of dominance investigation by France’s Competition Authority.

03 June 2021

Legal monopoly does not equal dominance, Dutch tribunal rules

A Dutch appeals tribunal has confirmed the dismissal of the national competition authority’s highest-ever abuse of dominance fine because the enforcer failed to show that state-owned railway NS was actually dominant.

03 June 2021

Peru clarifies approach to collective damages claims

Peru’s competition authority has published new guidance clarifying when it will pursue damages claims for classes of consumers who have been harmed by anticompetitive conduct.

03 June 2021

Judge: Shkreli’s use of contraband phone harmed the FTC

Former Vyera Pharmaceuticals executive Martin Shkreli impeded the Federal Trade Commission's lawsuit against him by using a secret cell phone to conduct company business from prison, knowing that those communications would not be appropriately preserved, a New York federal judge has ruled.

03 June 2021

Daimler and Nokia settle patent licensing dispute

Daimler has agreed to pay Nokia to use the latter’s standard-essential patents in its car technologies, ending a high-profile dispute between the two companies that included an antitrust complaint to the European Commission and a referral to the European Court of Justice.

01 June 2021

Italy dismisses refusal-to-deal complaint against medical device makers

The Italian Competition Authority has dropped an investigation into the healthcare businesses of Philips, GE and Siemens after concluding that they did not unlawfully use exclusionary strategies to stop rivals from performing maintenance on their medical diagnostic equipment.

01 June 2021

EU governments voice concerns about DMA

Government ministers in Germany, France and the Netherlands have urged the European Commission to strengthen the Digital Markets Act by introducing tougher merger notification provisions and making sure member states can themselves challenge digital platforms.

27 May 2021

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