Work Area: Vertical Restraints

USDA teams up with state AGs to boost antitrust scrutiny

The US Department of Agriculture has launched a bipartisan partnership with 31 state attorneys general to tackle consolidation and anticompetitive conduct in the food, grocery, and meat and poultry processing markets.

19 July 2023

Spain fines Apple and Amazon €194 million for marketplace restrictions

Apple has been hit with what appears to be the Spanish competition authority’s largest-ever individual fine for allegedly agreeing with Amazon to remove third-party resellers from the latter’s online marketplace.

18 July 2023

Short-term exclusive dealing can be unlawful, FTC says

Medtronic misstated the law when it argued a rival medical device manufacturer could not challenge its contracts as anticompetitive because the deals are temporary and non-binding, the Federal Trade Commission has said.

06 July 2023

Turkey: Regulator battles abuse of dominance with revitalised enforcement strategies

Featured in Europe, Middle East and Africa Antitrust Review 2024

To combat abusive conduct, the authority is directing its attention towards refusal to supply and exclusive dealing cases. This trend exemplifies the country’s broadened enforcement strategy, which is reflected in recent decisions involving major players, such as Google and Unilever, operating in lucrative markets.

30 June 2023

European Union: The evolving assessment of joint ventures under EU law

Featured in Europe, Middle East and Africa Antitrust Review 2024

Recent decisional practice from the European Commission and judgments from European courts shape the impact of the EUMR on joint ventures. Concurrently, fresh applications of Article 101 of the TFEU are yielding drafted guidelines on horizontal cooperation and vertical agreements.

30 June 2023

RPM a by object infringement but some analysis of harm still required, ECJ says

Resale price maintenance agreements should only be treated as by object infringements if they are accompanied by analysis confirming the conduct caused sufficient harm to competition, the EU’s top court has said in a preliminary ruling.

29 June 2023

CAT opts for separate carriage and certification hearing despite Amazon concerns

Two parallel class actions claiming Amazon overcharged UK customers that used its “Buy Box” feature will need to resolve their carriage dispute before one of them can be certified, the president of the Competition Appeal Tribunal has ruled.

28 June 2023

Israeli tribunal reduces record fine against Coca-Cola distributor

A Coca-Cola distributor has failed to convince Israel’s Competition Tribunal to annul a record fine issued by the national antitrust authority for breaching merger commitments and imposing unlawful restrictions on retailers, although the judge indicated they will lower the sanction.

28 June 2023

Second Amazon “Buy Box” class action filed at CAT

Amazon will have to fight off another proposed class action claim before the UK’s Competition Appeal Tribunal, after a consumer advocate filed a £1 billion damages action accusing the company of breaching abuse of dominance rules by unfairly promoting its own products.

22 June 2023

Germany sends SO to Google over Maps bundling

Germany’s Federal Cartel Office has formally accused Google of abusing its dominance and breaching its Section 19A obligations by exclusively offering its various vehicle apps as a bundle, making it harder for rivals to sell individual services.

21 June 2023

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