Tag Archive | Antitrust

CLaSF Workshop on ‘Competition Law and Enforcement Priorities’

Competition Law Scholars Forum

The next CLaSF workshop on ‘Competition Law and Enforcement Priorities’ will be held in association with UCD Sutherland School of Law, Dublin on Friday 16 September 2016.

The full programme for the Workshop can be seen on the CLaSF website. One of the highlights will be a keynote speech from Professor William E. Kovacic, George Washington University Law School.

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Steady as Art 102 Goes …

Post Danmark

The Court handed down its judgment in Case C-23/14 Post Danmark today. The judgment itself is not particularly surprising, in that it largely follows previous judgments of the Court in earlier Art 102 cases. The main feature of note is what the Court didn’t do: it again declined an opportunity to either follow or discredit the so-called ‘more economic approach’ to the abuse of a dominant position. Read More…

First UK Cartel Offence Aquittals

The news broke yesterday that the first fully contest trial in relation to the ‘old’ UK cartel offence results in both defendants being acquitted after the jury deliberated for “only a couple of hours”. As the ‘old’ cartel offence is no longer with us, being substantially amended in ERRA 2013, the wider impact of the acquittal might be perceived as being limited, but there are still lessons to be learned from what we know about the acquittal.

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In Defense of the Intel Judgment

Intel

The judgment by the General Court, on 12 June 2104, in the Case T-286/09 Intel (ECLI:EU:T:2014:547) has been one of the most controversial in recent years. It it part of the ongoing debate in EU competition law between those who seek to introduce a ‘more economic’ approach to Art 102 TFEU and break away from the formalism they perceive in the Court’s jurisprudence, and those who see the Court’s existing case law as well grounded and effective, and see the more to a ‘more economic’ approach as being a move towards unnecessary uncertainty.

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Premiership Rugby Union: if it looks like a duck and quacks like one …

By Bev Williamson

Premiership Rugby Limited (the PRL) is the company that commercialises premiership rugby union in England.  Its CEO, Mark McCafferty, has publicly rejected claims that Premiership operates as a cartel.  He relies on the fact that English rugby union utilises a system of promotion and relegation for determining which teams compete amongst the professional elite.  That being the case, the PRL, which is made up of representatives of each of the Premiership teams, together with the sport’s governing body, the Rugby Football Union (the RFU), may have found ways to create a cartel by stealth.

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Does this look like Universities colluding?

There is currently an ongoing dispute between academic staff and employers in the UK pre-92 Universities regarding the running of the USS pension scheme. I don’t want to get into the debate surrounding the reasons for the dispute, but an interesting competition law question has arisen regarding several UK Universities’ near identical responses to the fact the trade union that represents academic staff, the UCU, have announced a collective marking boycott as part of industrial action protesting at proposed changes to the pension scheme.

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The Price is Not Right: Italian Troubles with Road Haulage and Tobacco Pricing

Two recent judgments handed down by the CJEU show how difficult it can be for a Member State to involve itself in fixing minimum prices for products. Given the ongoing challenge to minimum alcohol pricing in Scotland it is interesting that in both these cases the Court ruled against the fixing of prices, but for very different reasons. Neither case is directly analogous to the Scots alcohol MUP referred to the Court in Case C-333/14, but there are perhaps lessons that can be learnt.

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A Glimpse Inside the ‘Object Box’

Open Box

Case C-67/13 P Groupement des Cartes Bancaires (CB) ECLI:EU:C:2014:2204

It’s not often that the Court of Justice gets to address one of the core concepts that underlie the antitrust prohibitions, but in Groupement des Cartes Bancaires the CJEU has taken its second opportunity to discuss the nature of Art 101 TFEU ‘object’ agreements in as many years. At the end of 2012, in Expedia, the Court discussed whether an ‘object’ agreement needed to have an ‘appreciable’ effect on competition. In Groupement des CB the CJEU gets to the heart of what it is that makes an agreement fall within the ‘object box’.

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What Makes a Cartel Newsworthy?

German Sausages

The mainstream UK news media has today been gleefully reporting the large fines imposed by the Bundeskartellamt in the German Sausage cartel. What struck me as interesting is why that cartel, above so many others has broken out of the financial press and made the headlines?

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COMP LAW: The EU competition lawyers’ toolkit

COMP LAW

There is a new Competition Law app for the iPhone and iPad – COMP LAW: The EU competition lawyer’s toolkit. As I was lucky enough to be sent a freebie copy I thought I’d pen a quick review.

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How to Crack a Nut

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