US regulators are picking up on their European counterparts.09
The newdirectiveintroduces a (rebuttable) presumption of harm, a right to full compensation and a limitaiton period of 5 years.
The initial fine has been revoked by the EUCJ, when more throughfully reconsidering the following factors:
- the extent of the undertaking’s dominant position;
- the share of the market covered by the alleged restrictive practice;
- the conditions and arrangements for granting the rebates, as well as their duration and amount; and
- whether the rebates constituted a strategy aiming to exclude from the market competitors who were at least as efficient as the dominant undertaking – the ‘as efficient competitor’ (AEC) test.
Intel had been fined for abuse of dominant position for using rebates, conditional on customers purchasing all or most of their equipment from Intel.
After the hyper high penalty of $2,7b to Google, EU is preparing another bombshell which could top such amount for unfair practises through Android, teh smartphone system that pre-installs Google Play, Goole Search, Chrome and further Google services and demands an increasing amount of personal data.
Google’s feedback was that Android is an open source system that benefits both competition and comsumers.
Italy: the competition authority (antiTrust) condamed Whatsapp for issuing new T&Cs which seemingly had to be accepted, in order to keep using the app. MOreover, various clauses in the new template had been considered resctrictive clauses.
Belgium, TLC: Proximus passed off as the best provider in an Ad where only the best comments had been shared by clients and with some tiny strings, unreadable without freezing the screen. Last but not least, at the end of the video, an automatic forward led users to a webpage.
The Ad was ruled misleading on 16/2/2017 (surprise!).
HOw nice of Uber to track their drivers, see which were working double shifts wwith a competiitor (Lyft) and lure them away. The software (“Hell”) has been discontinued, but how many tricks and lawsuits can we expect?
By pre-installing its search engine on Android phones, Google was effectively taking out local ones from the market (Yandex, for example -which scored today a +6% at the Russian Stock Exchange).
Italy: following suit to Denmark, a tribunal in Rome declared the app (except UberEats) illegal too and to be stopped within 10 days for unfair competition. Each day of violation will cost the app E10’000,00.
Average taxis can only work in the city where the license has been provided and must comply to tariffs approved by the city.
While on one side I can’t be disappointed with the end to the gig economy and the abuse of freelancers/workers, on he other side I am wondering how long will it take to the government to overhaul the whole industry and avoid payments under the table by lots of taxis to dodge taxes.
Cartel between Air Canada , Air France-KLM , British Airways , Cargolux , Cathay Pacific Airways , Japan Airlines , LAN Chile , Martinair , Qantas , SAS and Singapore Airlines.
After a first successful appeal on 2015 (for procedural error, although nothing had been ruled on the existence of the cartel). The Commission now repealed such fines without that procedural errors and fines are so distirbuted:
|Air Canada||21.0375 million||15%|
|Air France||182 920 000||20%|
|KLM||127 160 000||20%|
|British Airways||104 040 000||10%|
|Cathay Pacific Airways||57.12 million||20%|
|Japan Airlines||35.7 million||25%|
|LAN Chile||8.22 million||20%|
|Singapore Airlines||74.8 million|
|Swiss International Air Lines||0||100%|