Work Area: Unilateral Conduct

Mastercard could have charged lawful MIFs in Merricks counterfactual, counsel argues

Counsel to Mastercard has claimed that the European Commission did not find all interchange fees to be unlawful as part of its infringement decision against the company and it could have charged legal rates absent its anticompetitive scheme.

17 January 2023

Google claims CCI remedies threaten India’s national security

Google has argued behavioural commitments imposed by the Competition Commission of India to remedy the technology company’s alleged anticompetitive Android restrictions pose threats to individual and national security.

16 January 2023

Merricks urges CAT to reject Mastercard’s counterfactual arguments in multi-billion pound class action

Walter Merricks has accused Mastercard of seeking “another bite of the cherry” in attempting to argue that absent its interchange infringement the credit card company would have set its fees at the highest possible rate that was legally allowed.

16 January 2023

ECJ sides with AG in EU damages directive application

National courts must have the power to order disclosure in antitrust litigation that has been suspended while a competition enforcer probes the same conduct, the European Court of Justice has ruled.

13 January 2023

Mastercard pushes back against “extreme” limitation arguments in Merricks claim

Mastercard has argued there is no justification for the UK’s specialist competition tribunal to deprive the company of its limitation defence rights in Walter Merricks’ £17 billion class action lawsuit.

13 January 2023

Korea publishes abuse of dominance guidelines for digital markets

Korea’s competition watchdog has issued updated abuse of dominance guidance clarifying how the agency will approach multihoming restrictions, most-favoured-nation clauses, self-preferencing and bundling in digital markets.

13 January 2023

CAT allows Merricks to argue Mastercard concealed facts in class action lawsuit

The UK’s specialist competition tribunal has allowed Walter Merricks to allege Mastercard deliberately concealed facts in a multi-billion pound interchange fee class action, as the claimant seeks to fend off arguments his lawsuit is time-barred.

12 January 2023

Italy rejects interim injunction request against TIM

Italy’s Competition Authority has refused to temporarily force Telecom Italia to provide its rivals with access to key mobile coverage data, but will continue investigating the company for abuse of dominance.

11 January 2023

Germany accuses Google of data processing breaches

Germany’s Federal Cartel Office has said it intends to force Google to adjust its data processing terms so users are given more choice over how the company harvests their information to leverage its market power across several digital sectors.

11 January 2023

EU official seeks to quell concerns about DMA implementation

The European Commission will issue a new regulation governing the implementation of the Digital Markets Act “in good time” before the rules kick in this May, an official has said ahead of the agency’s new directorate launching next week.

11 January 2023

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