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International Competition Issues

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European General Court Shuts Down Fishing Expedition In Competition Investigation

Posted  12/11/12
The European General Court has ruled that the European Commission overstepped its authority by conducting a broad reaching competition investigation in electric cable markets that amounted to a “fishing expedition.” The General Court annulled much of a European Commission decision that ordered an inspection of Nexans SA and its wholly-owned subsidiary Nexans France SAS – two French companies active in the...

Tagged in: Antitrust Enforcement, International Competition Issues,

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DOJ Calls For Greater International Antitrust Cooperation

Posted  10/3/12
The expansion of international cooperation in antitrust enforcement in recent years is likely to continue and benefit both businesses and consumers, according to a top U.S. antitrust enforcer. Joseph Wayland, Acting Assistant Attorney General for the Antitrust Division of the U.S. Department of Justice, surveyed the benefits of international cooperation among antitrust authorities in a recent speech at the...

Tagged in: Antitrust Enforcement, International Competition Issues,

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British Competition Authorities Revise Penalty Guidelines

Posted  09/27/12
The Office of Fair Trading (the “OFT”) – the United Kingdom’s consumer and competition authority – has announced new guidelines for setting penalties for violations of British competition laws. The most drastic change contained in the new guidelines increases the maximum starting point for calculating a penalty from 10 to 30 percent of a company’s relevant turnover. The OFT indicated that it is...

Tagged in: Antitrust Enforcement, International Competition Issues,

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Europeans Eying Whether It’s Déjà Vu All Over Again In New Microsoft Browser Probe

Posted  07/23/12
The European Commission has opened an investigation to determine whether Microsoft failed to comply with its 2009 commitment to the Commission to encourage Internet browser competition by providing Windows users in Europe with a screen showing the 12 most popular browsers. In December 2009, the Commission’s competition office found that Microsoft’s practice of offering only its browser, Internet Explorer, to...

Tagged in: Antitrust Enforcement, International Competition Issues,

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Proposed Universal-EMI Merger Could Remix Antitrust And Copyright Law

Posted  06/7/12
The proposed Universal-EMI merger could lead to another remix of antitrust and copyright law as regulators grapple with consolidation in the recorded-music business. Notably, the proposed acquisition could affect digital sampling, the technique musicians use to digitally copy and remix sounds from existing albums into a new sound recording. The FTC and the European Commission are reviewing the proposed merger...

Tagged in: Antitrust Enforcement, Intellectual Property Law and Antitrust, International Competition Issues,

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European General Court Slams MasterCard’s Cross-Border Fees

Posted  06/5/12
The European General Court in Luxembourg, the European Union’s second-highest court, has upheld a decision by the European Commission that MasterCard’s multilateral interchange fees on cross-border transactions unfairly restrict competition and harm retailers and consumers. In MasterCard and Others v. Commission, the General Court ruled that MasterCard has violated EU competition laws with its interchange fees...

Tagged in: Antitrust Litigation, International Competition Issues,

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Microsoft Restrictions On Web Browsers Draw Competitors’ Ire

Posted  05/23/12
Microsoft’s restrictions on third-party web browsers in its upcoming Windows RT mobile operating system is drawing criticism from the general counsel of the Mozilla Foundation, the non-profit organization responsible for the development of the popular Firefox web browser. Google, which has developed its own Chrome web browser, has wasted no time in joining Mozilla’s criticism. Windows RT is a slimmed-down...

Tagged in: Antitrust Enforcement, Antitrust Policy, International Competition Issues,

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French Competition Regulators Bring Pet Food Manufacturers To Heel

Posted  04/9/12
The Autorite de la Concurrence, the French competition authority, has slapped fines on three leading French pet food manufacturers that restricted competition in premium dry dog and cat food sold in specialty outlets such as pet shops and veterinary offices. The manufacturers are Nestle Purina Petcare France SAS, Royal Canin SAS (owned by Mars, Inc.), and Hill's Pet Nutrition (owned by Colgate Palmolive Co.). ...

Tagged in: Antitrust Enforcement, International Competition Issues,

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British Propose Lowering Bar For Prison In Cartel Cases

Posted  03/28/12
The United Kingdom’s Department for Business, Innovation and Skills (BIS), has announced that the Government plans to introduce legislation that would lower the threshold for criminal prosecution in cartel cases. Under the proposed law, the prosecution would no longer have to prove an individual’s dishonesty in entering into a cartel agreement. The cartel offense was introduced by the Enterprise Act of 2002....

Tagged in: Antitrust Enforcement, International Competition Issues, Price Fixing,

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French Toss Salad Price-Fixing Conspirators With Fines

Posted  03/20/12
Autorite de la Concurrence, the French competition authority, has fined French endive growers and trade organizations nearly 4 million euro ($5.2 million) for engaging in a 14-year price-fixing conspiracy that began in 1998. Endive (which is also known as chicory) is a bitter leaf vegetable that can be cooked or eaten raw.  While endive is not very common in the United States, it is the fourth most consumed...

Tagged in: International Competition Issues, Price Fixing,

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