The July 2020 issue of Ashurst's competition law newsletter features the European Commission's recently launched sector inquiry into the Internet of Things, the landmark Apple tax State aid case, the eagerly anticipated UK online platforms and digital advertising final report, further cartel developments in the UK, developments in German damages actions procedure, Spanish regulator guidance on compliance programmes, as well as other news. It also includes a feature article on the launch of Open Banking in Australia.
Contents
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competition law newsletter | eu
Jul 2020 Sector inquiry launched into the Internet of Things
On 16 July 2020, the European Commission ("Commission") launched an antitrust competition inquiry into the sector of Internet of Things ("IoT") for consumer-related products and services in the EU.
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competition law newsletter | uk
Jul 2020 UK real estate director banned for seven years after court grants CMA order
The first competition disqualification order to come to trial has resulted in a company director, Michael Martin, being disqualified for seven years.
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competition law newsletter | australia
Jul 2020 Australian Open Banking live, energy next - Consumer Data Right update
Australia's Consumer Data Right ("CDR") regime in the banking sector ("Open Banking") is live as of 1 July 2020. The Australian Government has also formally extended the CDR to the energy sector, with implementation expected in late 2021.
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competition law newsletter | EU
Jul 2020 €13 billion Apple tax recovery decision quashed
On 15 July 2020, the EU General Court ("GC") handed down its much awaited judgment in the Apple case. It overturned the European Commission's ("Commission") decision ordering Ireland to recover EUR 13 billion (plus interests) in illegal State aid from Apple in its entirety.
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competition law newsletter | EU
Jul 2020 Fines for ethylene purchasing cartel
On 14 July 2020, the European Commission ("Commission") fined ethylene purchasers Orbia, Clariant and Celanese EUR 260 million for having colluded and exchanged information on purchase prices on the ethylene merchant market with a fourth participant, Westlake, receiving full immunity for blowing the whistle.
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competition law newsletter | france
Jul 2020 Procedural flaws invalidate French dawn raids
On 8 July 2020, the Paris Court of appeal ("the Court") annulled dawn raids conducted by the French Competition Authority ("the FCA") at Whirlpool's premises in 2014.
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competition law newsletter | FRANCE
Jul 2020 €93 million fine for French double-sided cold meat cartel
The French Competition Authority ("FCA") has fined twelve undertakings involved in a cartel at multiple levels of the ham and cold meats sector.
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competition law newsletter | Germany
Jul 2020 Cartel damages: Group liability and evidentiary burden in Germany
On 8 July 2020, The German Lower Regional Court of Dortmund ("Court") recently handed down its ruling regarding follow-on damages against a specialist wholesale company for sanitary and heating products.
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competition law newsletter | spain
Jul 2020 Spanish authority publishes compliance guidance
The Spanish competition authority ("CNMC") has published a "Guide on Regulatory Compliance Programmes in Relation to Competition Law" (the "Compliance Guide") which provides guidance on the circumstances in which internal compliance programmes can lead to more lenient sanctions imposed as a result of a breach of competition law.
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competition law newsletter | UK
Jul 2020 CMA seeks new regulatory regime for digital markets following market study
On 1 July 2020, the UK Competition & Markets Authority ("CMA") published its final report following a 12-month market study into online platforms and digital advertising in the UK (the "Final Report").
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competition law newsletter | UK
Jul 2020 Healthcare provider and consultants fined over £1.2 million for price fixing
Spire Healthcare, a private healthcare provider, and six consultant ophthalmologists have been fined for their roles in facilitating and arranging to fix the price of initial consultations between different consultants at a Spire hospital in the north of England.
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