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The abuse of dominance is any abuse by one or more undertakings of a dominant position they hold within the internal market or in a substantial part of it, which may affect trade between member states, and which is prohibited under article 102 of TFEU, as incompatible with the Internal Market.
An undertaking is considered to be in a dominant position within a market when it has a significant market share (position of strength) and is able to evade normal competition on it. The dominant position itself is not illegal; however the abuse of this dominant position (predatory pricing, discrimination of commercial partners) is prohibited.
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Horizontal cooperation—checklist This checklist can be used to help ensure compliance with EU competition law on cooperation between competitors (see further, Analysing horizontal co-operation agreements under EU competition law). Framework for assessment When considering cooperation between competitors it is necessary to consider: • The competition rules under Article 101 TFEU: ◦ The first question is whether the agreement is caught by Article 101(1) TFEU—the starting point is the Commission’s Horizontal Cooperation Guidelines (Horizontal Cooperation Guidelines) (see further Article 101(1) analysis below). Do not forget to consider: ‣ Whether there is an effect on trade between Member States (see further, Effect on trade) ‣ Whether there is an appreciable restriction (see further, Appreciable restriction of competition) ‣ the de minimis thresholds (as applicable). ◦ The second question is the application of Article 101(3) TFEU • National merger control ◦ More complex arrangements, such as alliances and joint ventures, may amount to a merger or concentration (see further, A 'concentration' with an EU dimension) •...
Website compliance requirements in the EU—checklist This Practice Note provides guidance on the key legal and compliance requirements that a website operator should consider in the EU, including: • the type and functionality of the website • information disclosure requirements • consumer protection • privacy and data protection • cookies • accessibility • cybersecurity • platform-to-business • online payments • advertising, promotions and direct marketing • competition law • taxation • liability for third party content • intellectual property and respecting copyright • geographic and territorial considerations Consideration of electronic data interchange (EDI) arrangements, blockchain, smart contracts or sector-specific laws or regulations, including those applicable to financial services, intermediation services or online auctions, is beyond the scope of this Practice Note. This Practice Note only considers legislation that has been adopted. For more information on ongoing initiatives which may impact websites operating in the EU, see Practice Note: Key EU digital initiatives—summary. The type and functionality of the website The compliance requirements and applicable rules and regulations for a website...
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The below tracks live European Commission behavioural investigations (under Articles 101 and/or 102 TFEU) and sector inquiries.NOTE—only investigations that have been made public are included in this table.NOTE—completed investigations are moved from this document to the case trackers for closed cases within seven days of the final Commission decision.For completed investigations, see Article 101 TFEU investigations—closed cases tracker and Article 102 TFEU investigations—closed cases tracker.For details of appeals before the General Court, see General Court appeals—ongoing cases tracker. For details of appeals before the Court of Justice, see Court of Justice appeals—ongoing cases tracker.Investigations under Article 101 TFEUCase name, companies under investigation and industry Issues DevelopmentsOnline food deliveryDelivery Hero and GlovoRestrictive agreements• Formal investigation launched—23/07/2024• Dawn raids carried out—21/11/2023• Dawn raids carried out—06/07/2022Consumer fragrances (AT.40826)IFFRestrictive agreements• Fine imposed on IFF for deleting Whatspp messages during an inspection—24/06/2024; €15.9m fine imposed• Dawn raids carried out—07/03/2023N-Butylbromide Scopolamine/Hyosci (AT.40636)Alkaloids of Australia, Alkaloids Corporation, Boehringer, Linnea and Transo-Pharm and AlchemRestrictive agreements and cartel—price fixing, allocating quotas and exchange of commercial information• Statement of objections...
International merger control developments—December 2022 This monthly round-up (December 2022) has seen the European Commission publish a Q&A guidance note complementing its 2021 guidance on the referral of mergers under Article 22 of the EU’s Merger Regulation, significant changes to the competition law (including an increase in the merger control thresholds) in Hungary, the approval of amendments to the merger control regime in Egypt, the launch of a consultation on amending the notification thresholds and lowering the filing fee cap in Saudi Arabia and a number of announcements made by the KFTC in relation to merger control in South Korea, including the creation of a new M&A division that will be dedicated to reviewing local and international transactions involving foreign companies. European Commission—new guidance published on the referral of mergers under Article 22 EUMR In December 2022, the European Commission (the Commission) published a new Q&A guidance note complementing its 2021 guidance on the application of the referral mechanism set out in Article 22 of the EU Merger Regulation (the...
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Message from CEO on introduction of competition law compliance policy From [[insert job title], ][insert name] Competing fairly benefits both businesses and consumers. Competition shows companies where they need to improve and encourages organisations to strive for greater efficiency, become more innovative, more productive, and ultimately be better businesses. Competition law is designed to protect businesses and consumers from anti-competitive behaviour, and safeguard effective competition. All businesses must comply with competition law and there can be serious consequences for businesses and individuals, including directors, for non-compliance, including heavy fines, prison sentences, director disqualifications and reputational damage. What is competition law compliance? Competition law is designed to protect businesses and consumers from anti-competitive behaviour, and safeguard effective competition in the markets in which they operate. All businesses must comply with competition law and there can be serious consequences for businesses and individuals for non-compliance, including heavy fines, prison sentences, director disqualifications and reputational damage. How does this affect us? Competition law may become an issue for [insert organisation...
An introduction to competition law compliance—a guide for staff What is competition law? Competition benefits both businesses and consumers. It shows companies where they need to improve and encourages organisations to strive for greater efficiency, become more innovative, more productive, and ultimately be better businesses.Competition law is designed to protect businesses and consumers from anti-competitive behaviour, and safeguard effective competition.All businesses must comply with competition law and there can be serious consequences for businesses and individuals, including directors, for non-compliance. These can include heavy fines, prison sentences, director disqualifications and reputational damage. When is it an issue? Competition law may become an issue for organisations in three main contexts:cartels—these are usually based on horizontal arrangements where two or more businesses agree, whether in writing or otherwise, not to compete with each other. Cartels are the most serious type of anti-competitive agreements. They include agreements to fix prices, engage in bid-rigging, limit production and share customers or markets. A cartel may also arise where there is a...
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Under standard terms & conditions of sale of goods, where the purchaser is a retailer or wholesaler, can you prohibit resale of goods through third party platforms such as Amazon? This Q&A relates to competition law restrictions applicable between businesses in the UK. Practice Note: Business to business e-commerce—legal issues explains that those involved in e-commerce need to ensure that their activities comply with applicable competition and anti-trust laws throughout the supply chain in all relevant jurisdictions. You may find it helpful to refer to Practice Notes: • EU and UK Competition law and the online sector [Archived] • Analysing vertical
In the context of an English law agreement what is a ‘preferred supplier’? Might there be any regulatory issues to consider in connection with the appointment of a ‘preferred supplier’? What is the meaning of ‘preferred supplier’? The term ‘preferred supplier’ is often used in business, however it has no definitive or clear meaning in English law. Differing views of the meaning of the term are possible. For example the phrase might be intended to mean that the supplier would fall into one or more of the following (often mutually conflicting) categories or have some other meaning: • it may not be offered any work but is on an ‘approved’ list and so does not have to repeat certain retendering exercises • if offered work, it will be offered terms of trade that are no less favourable than those offered to any other supplier • it will always be offered certain work unless a competing supplier offers better terms • it will be offered a minimum...
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This week's edition of Competition weekly highlights includes, from a UK perspective: (1) the CMA launching its first ‘SMS investigation’ under the DMCCA 2024 into Google’s general search and search advertising, (2) the CAT’s judgment setting out its reasons for approving the terms of a settlement agreed with WWL/EUKOR and K-Line defendants in the maritime car carrier companies cartel, (3) the CMA consulting on its draft Annual Plan for 2025–2026 and publication of a report prepared by its Microeconomics Unit on wider benefits of competition policy and enforcement, and (4) the government publishing the terms of reference regarding the review of Northern Ireland Protocol (Windsor Framework). This week's highlights also includes, from an EU perspective: (1) the Commission’s sending a Statement of Objections to Lufthansa indicating its intention to impose interim measures to prevent harm to Frankfurt-New York air passengers, and (2) Advocate General’s Medinia’s opinion concerning a national reference from Belgium recommending that an exclusive distributor must be protected against active sales in its territory by all the supplier’s...
A round-up of UK competition law developments, including the CMA’s announcement that it has launched its first ‘SMS investigation’ under the Digital Markets, Competition and Consumers Act 2024 into Google’s general search and search advertising.
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