Work Area: Vertical Restraints

Ukraine’s highest court orders enforcer to investigate media abuse complaint

Ukraine's Supreme Court has ordered the national antitrust watchdog to open a probe into an antitrust complaint that accuses the country’s four largest television broadcasters of collectively abusing their dominance after the enforcer refused to investigate the claims due to a lack of evidence.

02 February 2023

Class actions stack up against UK musical instrument makers

A consumer rights advocate has asked the UK’s Competition Appeal Tribunal to combine standalone and follow-on damages claims against multiple musical instrument manufacturers for alleged resale price maintenance after filing the country’s first proposed RPM collective action last year.

01 February 2023

Indonesian enforcer uncovers tying practices in cooking oil sector

Indonesia’s Competition Commission has promised to root out anticompetitive conduct in the country’s cooking oil market after a survey found evidence that producers are tying bulk purchases to other products and charging above a government-regulated price cap.

31 January 2023

Intel test applies to exclusivity clause analysis, ECJ rules

Antitrust authorities must analyse the results of the as-efficient competitor test if a dominant company provides such evidence during probes of both rebate schemes and exclusivity clauses, the European Court of Justice has confirmed.

19 January 2023

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

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

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

California judge dismisses antitrust claims against Edison

Three former Southern California Edison employees failed to allege that their former employer illegally prevented them from doing electrical work in the state, a federal court has ruled.

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

Kathleen Foote: the exit interview

Kathleen Foote recently stepped down after two decades as California’s top antitrust enforcer. In a conversation with GCR USA, she discussed highlights of her 35-plus years of service for the Golden State – in which she helped cement the independence of state attorneys general and develop the Cartwright Act – and busted some misconceptions about state enforcement.

12 January 2023

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