New Zealand: Competition watchdog rejects Sky TV, Vodafone merger

New Zealand: Competition watchdog rejects Sky TV, Vodafone merger

New Zealand’s competition regulator on Thursday ruled against Sky Network Television’s acquisition of Vodafone’s New Zealand unit for NZ$1.3 billion . The Commerce Commission said in a statement that it was not convinced the deal would not substantially decrease competition in the New Zealand market. The regulator had in October delayed the decision until February […]

The Emerging High-Court Jurisprudence On The Antitrust Analysis Of Multisided Platforms

The Emerging High-Court Jurisprudence On The Antitrust Analysis Of Multisided Platforms

By David S. Evans – Between September 2014 and September 2016 high courts in multiple jurisdictions released five decisions that address applying competition law to matchmakers that operate virtual or physical platforms for connecting multiple groups of customers. The decisions rely, directly or indirectly, on the economic literature on multisided platforms that commenced around 2000. The […]

Analyzing The Geographic Market In Hospital Mergers: Travel Patterns Take A Backseat To Payer Response

Analyzing The Geographic Market In Hospital Mergers: Travel Patterns Take A Backseat To Payer Response

By Andrea Levine & Andy Hasty – This article looks at recent hospital merger cases which highlight not only the importance of a properly defined geographic market, but also courts’ definitive shift away from relying on patient travel patterns in making this determination. A close look at the ensuing hospital merger challenges shows that patient flow […]

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 […]

Mobile Fixation? A Review of Recent EC Decisions in the Telecoms Sector

Mobile Fixation? A Review of Recent EC Decisions in the Telecoms Sector

By Sascha Schubert – The EU telecoms sector has gone through several years of intense M&A activity, characterized by horizontal 4:3 mobile consolidation on the one hand and fixed/mobile integration on the other. Whether and in which direction consolidation will continue over the coming years depends in part on the prospects of obtaining regulatory clearance. After […]

Canada’s TREB Decision on Abuse of Dominance: Points of Possible Divergence

Canada’s TREB Decision on Abuse of Dominance: Points of Possible Divergence

By Randall Hofley – The recent Canadian Competition Tribunal decision in Commissioner of Competition v. Toronto Real Estate Board provides a detailed outline of each element of Canadian abuse of dominance law and, while generally consistent with analogous U.S. and European Commission law, some potential differences arise, most notably as regards anticompetitive intent, the participation of […]

The General Court’s Rulings in Airfreight: A Commentary

The General Court’s Rulings in Airfreight: A Commentary

By Jeremy Robinson – In its Airfreight rulings, the EU General Court has measured a Commission decision on a complex set of circumstances against exacting criteria of clarity and consistency, and found the Commission decision wanting. Although an unwelcome ruling for the Commission, it is questionable whether many cartels will present such a complex picture of evidence […]

Focus On Innovation: A Review Of The Taiwan Fair Trade Commission’s Investigation On Google Maps

Focus On Innovation: A Review Of The Taiwan Fair Trade Commission’s Investigation On Google Maps

By Su-Wan Wang & Elizabeth Xiao-Ru Wang – The Taiwanese Competition Authority has recently confronted issues surrounding Google’s search practices. A number of independent providers of digital map programs complained to the Taiwan Fair Trade Commission (“TFTC”) about Google’s search result algorithms. These firms alleged that Google’s search results gave Google Maps favorable placement on […]

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 […]

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