Introduction On a number of occasions the Court of Justice (CJEU) has been tasked with deciding how familiar concepts of competition law apply to novel facts.  In Eturas (Case C-74/14, judgment of 21 January 2016), questions of how concerted practices should be considered in the online world were referred to the CJEU for a preliminary…

By Mark Katz, Davies Ward Phillips & Vineberg LLP and Joseph Adler, Hoffer Adler LLP INTRODUCTION The Canadian franchise industry constitutes an important sector of the Canadian economy. The industry employs one in every 35 Canadian, generates approximately CDN$68 billion in revenues, and covers a wide variety of businesses (60% of franchisees are in non-food…

On 20 September 2016, the European Commission (“Commission”) issued its first settlement decision under Article 102 TFEU following the introduction of Regulation 1/2003 and reduced the fine of Altstoff Recycling Austria (“ARA“) by 30% in exchange for its cooperation. ARA’s fine was thus reduced to €6 million. In addition to the press release, the Commission…

One of the aspirations of many antitrust/competition lawyers worldwide is to achieve as much convergence as possible among competition authorities in enforcing competition law. Counseling companies and individuals who do business on a worldwide basis on the many differences in competition law can be inefficient, costly and result in less than optimal competition and deterrence…

Fordham University School of Law will hold its 43rd Annual Conference on International Antitrust Law and Policy on September 22-23, 2016, at Fordham Law School in New York City. The topic will be the future of antitrust in Asia. There also will be a pre-conference antitrust economics workshop on September 21. The conference will begin…

Ever since the incoming EU Competition Commissioner said that information was the new currency of the internet, antitrust commentators started to spill ink on the topic of Big Data and whether it was a Big Deal. The topic now seems to occupy a place on the agenda of many antitrust conferences – and as recently…

On March 29, 2016, the Canadian Commissioner of Competition and Parkland Fuel Corp. entered into a consent agreement to resolve the Commissioner’s challenge to Parkland’s acquisition of Pioneer Energy. This marks the first time in a Canadian Competition Tribunal proceeding that a consent agreement has been negotiated through mediation. The consent agreement includes not only…

Summary On 10 March 2016, the European Court of Justice (ECJ) handed down judgments[1] that provide useful clarification regarding limits on information requests issued by the European Commission in antitrust investigations – in particular as regards the statement of reasons to be provided. Facts Following dawn raids and the opening of an investigation into suspected…

On January 20, 2016, the European Court of Justice (the Court) issued a seminal preliminary ruling on the relationship between EU and Member State leniency programmes in Case C‑428/14, DHL Express (Italy) Srl and DHL Global Forwarding (Italy) SpA v. Autorità Garante della Concorrenza e del Mercato (AGCM).  The Court held that EU and Member…