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ELIG Gurkaynak Attorneys-at-Law | Turkey | 19 Aug 2021

New settlement regulation enters into force

The Turkish Competition Authority has recently issued a new regulation which stipulates that the Turkish Competition Board may delay rendering a decision under article 5(1) regarding the parties' request to initiate settlement procedures if more detailed research is deemed necessary to reveal the nature and scope of the alleged violation.
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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 | 11 Apr 2019

Supreme Court limits NCLAT's appellate jurisdiction

The Supreme Court recently set aside a National Company Law Tribunal order and restored the appeal which had been dismissed thereby. The appeal concerned a stay order which the Competition Commission of India had granted subject to the appellant paying a sum equal to 10% of the total penalty. In its landmark ruling, the court confirmed that the right to appeal envisioned by the Competition......
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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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Vaish Associates Advocates | India | 21 Mar 2019

CCI launches investigation against ONGC for abuse of dominant position

The Competition Commission of India has launched an investigation under the Competition Act against Oil and Natural Gas Limited (ONGC) for abuse of its dominant position in the relevant market. The investigation stemmed from allegations made by the informant that ONGC had imposed one-sided and onerous terms in its charter hire agreements with suppliers of offshore support vehicles.
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Smart & Biggar | Canada | 4 Mar 2019

2018 round-up: notable trademark case law

A number of trademark cases were heard by the Canadian courts in 2018, including a decision on a motion for summary judgment brought by Duracell, a decision on whether Imperial Tobacco Canada Limited's trademarks were confusing in light of new survey evidence filed on appeal and a decision on whether retail store services require a brick-and-mortar establishment or direct delivery of products......
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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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Vaish Associates Advocates | India | 21 Feb 2019

CCI imposes penalty on SALPG for denying market access

The Competition Commission of India (CCI) has penalised South Asia LPG Company Ltd for abusing its dominant position on the market for upstream terminaling services at the Visakhapatnam port. The CCI held that SALPG had denied market access at the port to a private terminal operator. This landmark case is a good example of a dominant enterprise denying an essential facility to a competitor......
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Vaish Associates Advocates | India | 24 Jan 2019

CCI dismisses findings of cartelisation against 37 signalling cable suppliers

By way of a 2018 order, the Competition Commission of India (CCI) rejected the director general's findings and closed the case against 37 signalling cable suppliers concerning allegations of bid rigging in eight tenders. The CCI's decision is significant, as although the bidders were found to have presented similar or identical bids, careful scrutiny showed that there was no evidence of any......
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Schoenherr | Bulgaria | 25 Oct 2018

CPC penalises Speedy AD for failing to provide complete and accurate information

The Commission for the Protection of Competition (CPC) recently approved the acquisition of Rapido Express and Logistics OOD by its competitor Speedy AD. However, at the same time, the CPC penalised Speedy AD for failing to provide complete and accurate information in its concentration notification which the commission deemed materially and substantially important for evaluating the deal.
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