Competition and Antitrust

Meet the Co-chairs - TAGLAW

Dekker, Cees
Nysingh advocaten-notarissen N.V.

Hill, Christopher S.
Kirton McConkie, PC

Hauck, Dieter
Preslmayr Rechtsanwälte

Author: Marco Hickey

The European Commission has decided that the eligibility rules of the International Skating Union (ISU) are illegal under EU Competition law.

The ISU is the world governing body for ice skating, both speed skating and figure skating. Its members are national ice skating associations. Together, the ISU and its members organise international ice skating competitions such as the Winter Olympics, the European Championships and the World Championships. The ISU's eligibility rules set out who can compete in those events. The Commission found that through the application of those rules the ISU can prevent independent organisers from setting up other international speed skating competitions, and dissuade skaters from taking part in those competitions.

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Important technological transformations have been emerging in the television broadcasting sector. As a result of these changes, whereas some parts in the sector are more competitive, in the other parts, competition concerns come into play. The Competition Authority has decided to conduct a sector inquiry in order to determine the impact of the changes in the sector, to identify the encountered competition problems, and to determine remedy proposals in this respect. 

Read more: Competition Authority's Sector Inquiry Report on Television Broadcasting


Certain information and documents obtained during the investigations of the Competition Board ("Board") may be based on the attorney-client relationship. The extent of the information and documents based on an attorney-client relationship that is protected within the framework of the confidentiality principle is important. This article explains the concept of legal professional privilege under Turkish law, and reviews two significant decisions by the Board in this regard. 

Read more: The Turkish Competition Board Decides About the Scope of Legal Professional Privilege

Author: Dieter Hauck

This update addresses the following key points:

  • The Cartel Act Amendment Law 2017 implemented the EU Cartel Damages Directive (2014/104).
  • The law contains a new consideration threshold – as compared to the turnover thresholds also in place – of €200 million, combined with a test that the target must perform a "significant amount of activities in Austria".
  • This may cause more mergers to be caught by the Austrian merger control system and creates some ambiguity.

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Excessive pricing is one of the highly debated topics in competition law. In brief, it could be defined as the designated price that is consistently higher than the fair price in the market. It is considered as a type of unfair pricing. Excessive pricing is interpreted differently in various legal systems, especially in the European Union ("EU") and United Stated of America ("USA"). In the USA, excessive pricing is not considered as an abuse; whereas, in the EU, the competition authority in various cases considers it to be an abuse under Article 102(a) of the Treaty on the Functioning of the European Union ("TFEU"). Turkish competition law maintains a parallel stance as compared to EU practice.

Read more: Excessive Pricing in Turkish Competition Law