Perception is a problem in competition law. Many consumers and small businesses only understand what the subject might be about when a dispute is local, small-scale, potentially bad tempered and…
On February 10, Advocate General (AG) Sharpston issued her Opinion in the KME case (C-272/09 P - here), an appeal brought before the European Court of Justice (ECJ) against a judgment whereby the…
The German Federal Cartel Office ("FCO") fined three manufacturers of fire-fighting vehicles on February 10, 2011, imposing € 20.5 million in total. The FCO found that the companies had engaged in…
On the 2nd of December 2010 the Brazilian Senate approved the text of a new competition act.
The draft legislation has been pending in the Brazilian Parliament since 2005, when it was proposed by the…
The fairness of EU competition policy has been frequently challenged in the 2000s. It has been argued that the European Commission discriminates against small market companies in its merger…
The U.S. Department of Justice (DOJ) is seeking to curb the use of so-called "most favored nation" (MFN) agreements -- a common business practice that the DOJ believes can sometimes result in…
In a recent judgment of December 15, 2010, the General Court had an opportunity to discuss the competitive analysis of aftermarkets. At issue in that case were complaints by independent watch…
On October 5, 2010, the Federal Court of Justice upheld the Düsseldorf Court of Appeals’ rejection of an appeal against the conditions of a merger clearance decision brought by the merging parties (…
The new U.S. Horizontal Merger Guidelines, issued in August 2010, introduce the so-called GUPPI test, the Gross Upward Pricing Pressure Index.
According to the U.S. Guidelines, "[a]dverse unilateral…
Co-authored by: David Little
The U.K. Court of Appeal has recently rebuffed an attempt by Plaintiff’s firm, Hausfeld, to bring a collective “opt out” style action using Rule 19.6 of the CPR rules (…
