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


The usage of e-books increases every day. Moreover, the discussion has ensued as to whether e-books will replace printed books, and make the latter "vintage." The future will reveal the answer soon. Leaving this discussion aside, the rapidly growing e-book popularity in the e-commerce sector is a fact.

Amazon EU S.à.r.l ("Amazon") is the largest e-book distributor in Europe. Therefore, Amazon's activities draw the attention of the European Commission ("Commission"). Indeed, the Commission has conducted a formal antitrust investigation with regard to Amazon's arrangements with e-book publishers, which contain the so-called "most favored nation clauses" ("MFN"). On May 4, 2017, the Commission adopted a decision that renders legally binding the commitments offered by Amazon. The commitments address the Commission's preliminary competition concerns relating to a number of clauses in Amazon's distribution agreements with e-book publishers in Europe1.

Additionally, the Competition and Markets Authority (United Kingdom) and the Bundeskartellamt (Germany) also investigated Amazon's MFN arrangements, but terminated their investigations due to the fact that Amazon had terminated its MFN applications.

Read more: Amazon Decision and E-Book Commitments in the EU

A judgment imposing a €1.06 billion fine on Intel for abuse of a dominant position has been set aside by the Court of Justice of the European Union (CJEU).

On 6 September 2017, the CJEU set aside the judgment of the General Court that upheld the €1.06 billion fine imposed on Intel by the European Commission for abuse of a dominant position. The CJEU has referred the case back to the General Court so that it may examine the arguments put forward by Intel in relation to whether the rebates at issue are capable of restricting competition.

Read the entire article.

Author: Tom Griffith

A number of vocational education providers recently been targeted by the Australian Competition and Consumer Commission (ACCC) in light of various unlawful sales tactics deployed by them.

In the last two months alone, the Federal Court of Australia has ruled against three major service providers, Get Qualified Australia Pty Ltd, Acquire Learning and Careers Pty Ltd and Unique International College Pty Ltd. Acquire Learning and Careers has been ordered to pay penalties of $4.5 million which is the ACCC’s second largest consumer protection penalty. Penalties are yet to be decided in the case of Get Qualified and Unique.

Read more: Vocational Education and Training Industry Service Providers taught a lesson in the Federal Court...


The European Commission’s (“EU Commission”) e-commerce sector inquiry that started on May 6, 2015 is finalized, and the final report (“E-commerce Report”) is published[1]. The EU e-commerce market, which has been systematically grown in the past few years, is one of the largest markets in the world. The percentage of people who shop online was 30% in 2007, and it increased to 55% in 2016[2]. The E-Commerce Report enabled the EU Commission to analyze all the dynamics, competitive concerns and market practices in the e-commerce market. Thus, in the context of the resolutions of the E-Commerce Report, in the long term, various changes may be observed within the European Union competition law.

Read more: Evaluation of the European Commission E-Commerce Sector Inquiry with regard to Consumer Goods

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Block Exemption Communiqué on Vertical Agreements and Concerted Practices in the Motor Vehicle Sector numbered 2017/3 (“Communiqué”)[1] entered into force through publication in the Official Gazette dated February 24, 2017, numbered 29989. The Communiqué abolished the Block Exemption Communiqué on Vertical Agreements and Concerted Practices in the Motor Vehicle Sector numbered 2005/4 (“Abrogated Communiqué”) regulating distribution agreements in the motor vehicle sector, which had been in force since January 1, 2006.

For the purpose of clarity with respect to the issues that are addressed through the application of the Communiqué, and lowering the risk for any possible uncertainty that the undertakings might face, the Guidelines on the Explanation of the Block Exemption Communiqué on Vertical Agreements and Concerted Practices in the Motor Vehicle Sector[2] was adopted.

The Communiqué was prepared considering the problems faced during the application of the Abrogated Communiqué, and efforts were made to create conformity with the European Union regulation. The system that was regulated under the Abrogated Communiqué is mostly preserved by the changes that are made in terms of the general conditions of the block exemption.

Read more: Block Exemption Communiqué on Vertical Agreements and Concerted Practices in the Motor Vehicle...