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Vaish Associates Advocates | India | 18 Apr 2019

Supreme Court clears air on determination of relevant market in Section 3 cases

The Supreme Court recently clarified that the determination of the relevant market is not a mandatory pre-condition for assessing an alleged violation of Section 3 of the Competition Act. In its application, the Competition Commission of India argued that the Supreme Court had previously given the impression that the relevant market must be determined in all cases concerning Section 3 of the act.
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Vaish Associates Advocates | India | 4 Apr 2019

CCI closes investigation into Kerala Cement Dealers' Association and Ramco

The Competition Commission of India (CCI) recently closed its investigation into the Kerala Cement Dealers' Association (KCDA) and Ramco Cements Ltd. The director general had initiated an investigation based on allegations that Ramco had been prevented from supplying cement after refusing to follow the KCDA's instructions to do so at an unfair price. However, the CCI held that the evidence......
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Schoenherr | Czech Republic | 28 Mar 2019

Competition office fines Booking.com €0.33 million

The Office for the Protection of Economic Competition recently reviewed vertical aspects of online platforms and distribution channels, ultimately fining online booking platform Booking.com approximately €0.33 million for using most-favoured-nation (MFN) clauses in its contracts with hotels. Although the decision has not yet been published, it is hoped that it will be instructive in terms of......
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BMA Barbosa, Müssnich, Aragão | Brazil | 7 Mar 2019

Just desserts: CADE fines company for exclusivity practices in ice cream market

The Administrative Council for Economic Defence (CADE) tribunal recently fined Unilever R29.4 million for abusing its dominant position in the impulse ice cream (ie, ice cream for immediate consumption) market. According to CADE, Unilever had violated competition law by adopting different types of agreement with its points of sale, which had resulted in their de facto exclusivity to sell......
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Schoenherr | Bulgaria | 28 Feb 2019

Metro penalised for unfair comparative advertising campaign

The Commission for the Protection of Competition recently penalised Metro Cash & Carry for conducting an unfair comparative advertising campaign. Lidl Bulgaria EOOD had claimed that Metro's advertising campaign unfairly encouraged Lidl customers to shop at Metro instead. The case is a helpful reminder that companies designing advertising campaigns should carefully consider any direct or......
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Schoenherr | Czech Republic | 18 Oct 2018

Office for the Protection of Competition gets tougher on fines for competition law infringements

The Office for the Protection of Competition recently adopted new guidelines on the method of setting fines for competition law infringements. The new guidelines are intended to underline the repressive and preventive function of fines. As a result, undertakings can expect higher fines for infringements of competition rules than under the previous regime.
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Tadmor Levy & Co | Israel | 13 Sep 2018

Antitrust commissioner receives new powers to protect parallel imports

In recent years, parallel and private imports have become an important factor in the public debate surrounding the cost of living in Israel. The level of competition (and ultimately prices) in many product markets is heavily dependent on imports. The recent amendment to the Restrictive Trade Practices Law aims to provide the antitrust commissioner with the authority to prevent conduct by......
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Schoenherr | Slovenia | 16 Aug 2018

Competition Protection Agency adopts commitments for Renault

In 2017 the Competition Protection Agency initiated proceedings against Renault. The company was suspected of treating authorised mechanics and independent mechanics differently, which gave the agency grounds to believe that Renault had abused its dominant position. In response, Renault proposed remedies in an attempt to address the agency's concerns and eliminate the alleged anti-competitive......
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Vellani & Vellani | Pakistan | 5 Jul 2018

Competition Commission finds that enquiry into deceptive marketing did not comply with Competition Act

The Competition Commission recently found that an enquiry into deceptive marketing practices did not comply with Section 37(2) of the Competition Act, which allows the commission to conduct enquiries only after receiving written complaints from an undertaking or registered association of consumers. As a result, proceedings could not be initiated against the company under investigation.
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Matheson | Ireland | 28 Jun 2018

Non-compete clauses – staying within the boundaries

Non-compete clauses can provide important protection for purchasers who have a legitimate interest in maintaining the value of the business they are acquiring. However, careful consideration must be given to the drafting of non-competes in order to avoid allegations of anti-competitive conduct – which is a criminal offence in Ireland – and scrutiny from competition regulators such as the......
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