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Lenz & Staehelin | Switzerland | 14 Feb 2019

Secretariat of Swiss Competition Commission advises on changes in shareholder structure of joint venture

The Secretariat of the Swiss Competition Commission recently issued advice in respect of Article 23(2) of the Cartel Act to two shareholders in a jointly controlled joint venture. The advice clarifies that joint control is given when the parent companies must agree on all important matters relating to the joint venture. Where several parent companies have unequal stakes in a company, minority......
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Vaish Associates Advocates | India | 20 Dec 2018

NCLAT upholds highest ever penalty imposed by CCI in cartel case

The National Company Law Appellate Tribunal (NCLAT) recently upheld the Competition Commission of India's decision to impose a Rs63 billion penalty on 11 cement companies for cartelisation. The NCLAT observed that the companies had used their trade association to discuss pricing and sensitive information relating to production, capacity and dispatch. Further, there had been a simultaneous......
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Vellani & Vellani | Pakistan | 1 Nov 2018

Competition Commission issues show cause notice for abuse of dominant position

The Competition Commission recently conducted an inquiry into alleged discriminatory practices that the Defence Officers Housing Authority Islamabad-Rawalpindi (DHA) had undertaken against Nayatel (Private) Limited in respect of the provision of cable internet and telephony services. The inquiry committee found that the DHA held a dominant position in the relevant market and had abused this......
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Vellani & Vellani | Pakistan | 4 Oct 2018

Show cause notice issued for deceptive marketing practices

Pursuant to a complaint filed by Ferozsons Laboratories Limited, the Competition Commission recently started an enquiry into Neucon Pakistan for deceptive marketing practices under the Competition Act. The respondent's behaviour was judged to have been capable of deceiving consumers, which could in turn damage the complainant's business interests. In the interest of the general public, it was......
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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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Howse Williams 何韋律師行 | Hong Kong | 20 Jun 2018

First Conduct Rule breaches: not just anti-competitive, but illegal

The Competition Commission recently issued an advisory bulletin on the potential risks that could arise under the Competition Ordinance (Cap 619) in the employment context. The commission identified a number of practices between employers which are at risk of contravening the First Conduct Rule of the ordinance – specifically, wage-fixing and non-poaching agreements and the exchange of......
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SAI Law & Economics | Mexico | 10 May 2018

Legal privilege stands: FECC must guarantee its applicability

After two years of litigation, the First Collegiate Tribunal on Administrative Matters Specialised in Economic Competition, Broadcasting and Telecommunications has finally issued a final ruling acknowledging that the Federal Economic Competition Commission breached the attorney-client privilege principle during a dawn raid. The tribunal's ruling is relevant, as it demonstrates the possible......
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Vellani & Vellani | Pakistan | 15 Mar 2018

Competition Commission investigates nine animal feed manufacturers for deceptive marketing

The Competition Commission recently initiated proceedings against nine animal and livestock feed manufacturers for engaging in deceptive marketing practices under the Competition Act 2010. The commission imposed a penalty of PRs2.7 million on the respondents and ordered them to cease their unauthorised use of the complainant's registered trademark and copycat packaging and file individual......
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SAI Law & Economics | Mexico | 22 Feb 2018

FECC launches project to develop guidelines for analysis of collaboration agreements between competitors

The Federal Economic Competition Commission (FECC) recently issued its Annual Working Plan. In it, the FECC recognised that one of its strategic goals is to communicate to economic agents how anti-competitive practices will be investigated and which actions agents may adopt to prevent potential risks. In particular, the FECC declared that one of its goals for 2017 would be to launch a project......
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SAI Law & Economics | Mexico | 14 Dec 2017

FECC penalises individuals for commissioning absolute monopolistic practice in tortilla market

Corn tortillas are a fundamental source of nutrition for Mexican families, and artificial price increases have a significant effect on the consumer economy. Given the importance of the corn tortilla market, it has come under the scrutiny of several authorities – for example, the Federal Economic Competition Commission, which recently fined three individuals a total of Ps394,508 for the......
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