Q4 edition from DLA Piper. Interesting focus on Chinese Anti-Trust and predatory prices in US.
US Anti-Trust is likely to easily approve the deal.
Aussie Competition authorites gives the go to the plan.
Selective distribution is possible if due to the preservation of the luxury reputation of a brand.
For taking part to a truck-cartel to fix prices and roll-out emission technologies. Furthermore, Scania declined to participate to settlement to which the other cartel members took part to.
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The initial fine has been revoked by the EUCJ, when more throughfully reconsidering the following factors: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.