US: FTC and Uber join forces to stop new Seattle law

The Federal Trade Commission (FTC) is siding with Uber Technologies in a fight to block a Seattle law that would allow ride-hailing drivers to collectively bargain. In an amicus brief, the FTC and the US Justice Department told the US Court of Appeals for the Ninth Circuit that a federal trial judge’s ruling that upheld […]

Market Dominance Under The Anti-Monopoly Law: SAIC’s Landmark Decision On Tetra Pak

Market Dominance Under The Anti-Monopoly Law: SAIC’s Landmark Decision On Tetra Pak

By Vanessa Yanhua Zhang, John Jiong Gong & Amanda Jing Yang – On November 16, 2016, SAIC issued a press release on its over-four-year investigation against Tetra Pak for abuse of market dominance. In its decision, SAIC elaborated on several issues in this case, including the market definition, the market power, the abuse of market […]

Rebates: Formalism, Effects and the Real World

Rebates: Formalism, Effects and the Real World

By Lia Vitzilaiou – Rebates by dominant undertakings are a controversial area in competition law. While they can be part of genuine price competition and lead to lower prices, they can be also used by dominant firms as a means to exclude competitors and effectively harm customers. Under one approach, a rebate must be regarded as […]

Interim Relief And Protection Of Confidential Information In Eu Cartel Decisions: A New Love Story?

Interim Relief And Protection Of Confidential Information In Eu Cartel Decisions: A New Love Story?

By Kyriakos Fountoukakos & Camille Puech-Baron – Imagine you are the lawyer advising a multinational company that was sanctioned by the European Commission for participating in a cartel. The Commission has prepared a lengthy decision with detailed information about the cartel, including your client’s business secrets. You identify the information as confidential and the Commission […]

Legal boundaries of Competition in the Area of Internet: Challenges and Judicial Responses

Zhu Li, March 20, 2016 Some new characteristics of competition in the Internet industry, e.g., competition for attention, innovation competition, cross-market competition etc., have brought about new challenges and difficulties for the legal regulation of competition. In virtue of the theoretical innovation and the innovation of law applicability, Chinese courts gave creative judicial responses in […]

The 3Q case and the abuse of dominance analysis under China’s Anti-Monopoly Law

Yong Huang and Xin Zhang, March 20, 2016 On March 20, 2013, the Higher People’s Court of Guangdong Province gave its judgment on the case of abuse of market dominance of Beijing Qihoo Technology Co., Ltd. (“Qihoo”) vs. Tencent Technology (Shenzhen) Co., Ltd. and Shenzhen Tencent Computer System Co., Ltd. (collectively referred to as “Tencent”) […]

Section 2 and the Rule of Reason: Report from the Front

Section 2 and the Rule of Reason:  Report from the Front

By Mark S. Popofsky & Ariel A. Martinez Courts remain, in the words of one observer, mired in an “exclusionary conduct ‘definition’ war.” Applying Section 2’s broad prohibition on “monopolizing” conduct requires courts to select a governing legal test. Section 2 legal tests run the spectrum from rules of per se legality to rules of […]

Ashcroft v. Iqbal: Taking Twombly a Step Further

This article is part of a Chronicle. See more from this Chronicle Caroline Mitchell, David Wallach, Jul 29, 2009 On May 18, 2009, in a 5-to-4 decision, the Supreme Court decided Ashcroft v. Iqbal and continued a trend of toughening federal pleading standards that started with Bell Atlantic Corp. v. Twombly. Until Iqbal, Twombly‘s effect […]

JUN-14(1)

In this issue:   Debate about due process has heated up in recent months. Our guest editor, Paul Lugard, has organized a special issue that highlights a number of recent developments: the intensity of judicial review in the EU in the wake of ECtHR’s ruling in Menarini and other cases, whether the concept of a “corporate human rights” […]

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