The September 2021 issue of Ashurst's competition law newsletter features some of the key competition law developments over recent months, including: the ECJ's preliminary ruling on the recast Brussels Regulation in cartel damages cases; the European Commission's decision to fine car manufacturers EUR 875 million for restricting competition in emissions technology; two new public consultations from the UK Government on digital markets and reforming competition and consumer law policy; Australia's first criminal cartel trial, as well as other news.
Contents
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competition law newsletter | eu
Sep 2021 ECJ rules on jurisdiction over actions for cartel damages
The ECJ provides guidance on the interpretation of “the place where the damage occurred” to ascertain the court having jurisdiction over a follow-on cartel damages claim.
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competition law newsletter | eu
Sep 2021 The car emission cleaning cartel, or how legitimate technical cooperation can go wrong?
The European Commission found that Daimler, BMW, Volkswagen, Audi and Porsche illegally colluded to restrict competition in the area of emission cleaning technology for diesel cars.
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competition law newsletter | australia
Sep 2021 Country Care acquitted in Australia's first criminal cartel trial
In June 2021, a jury unanimously acquitted Country Care, its managing director and former employee of all criminal cartel charges brought by the CDPP.
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competition law newsletter | australia
Sep 2021 ACCC issues first class exemption allowing small businesses, franchisees and fuel retailers to collectively bargain
Australian Competition and Consumer Commission introduces collective bargaining class exemption for small businesses franchisees and fuel retailers.
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competiiton law newsletter | australia
Sep 2021 Shield lost - Lorna Jane fined $5 million for false claims of anti-COVID-19 activewear
The Federal Court has fined Lorna Jane $5 million for false and misleading claims about anti-virus, anti-COVID-19 activewear.
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competition law newsletter | france
Sep 2021 The French Competition Authority revises its notice on the method for setting fines
In July 2021, the French Competition Authority revised its notice on the method of setting fines to reflect recent practice and transposing the provisions of the ECN+ Directive.
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competition law newsletter | france
Sep 2021 Eyewear manufacturers fined for price fixing and restrictions on internet sales
The French Competition Authority sanctioned eyewear manufacturers for resale price maintenance (RPM) and banning opticians from making Internet sales. Some manufacturers benefited from a limitation period defence.
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competition law newsletter | germany
Sep 2021 FCO imposes fines of €21 million on manufacturers and retailers of musical instruments for price-fixing
On 5 August 2021, the FCO imposed a total of EUR 21 million in fines on three manufacturers of musical instruments for RPM and on two retailers for horizontal price fixing.
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competition law newsletter | germany
Sep 2021 FCO departs from EC guidance on Article 22 referrals in Facebook/Kustomer
FCO examines whether Facebook's acquisition of Kustomer falls under the German merger control regime. The deal is also being assessed by the European Commission upon referral requests based on Article 22 EUMR.
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competition law newsletter | indonesia
Sep 2021 Indonesian Competition Authority cracks down on illegal bid rigging conduct in government tenders once again
Indonesia Competition Commission imposes penalties on construction firms for collusive bid rigging conduct in government tender.
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competition law newsletter | indonesia
Sep 2021 New guidelines on the imposition of penalties for violations of the Indonesian Competition Law
Indonesia Competition Commission publishes guidelines regarding calculation of penalties imposed for violations of the Indonesian Competition Law.
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competition law newsletter | italy
Sep 2021 Italian court annuls competition authority's EUR 228 million fines on telecom operators
The Italian court annulled a decision fining TIM, Vodafone, WindTre and Fastweb for alleged collusion on their pricing and billing strategies.
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competition law newsletter | italy
Sep 2021 Poste Italiane fined for "abuse of economic dependence" - a new AGCM enforcement trend that companies should be aware of
The AGCM has fined Poste Italiane for abuse of economic dependence, by imposing unjustifiably burdensome clauses in its contracts with Soluzioni.
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competition law newsleter | uk
Sep 2021 CMA makes wide-ranging recommendations to UK Government to support electric vehicle uptake in the UK
CMA makes recommendations to UK government to support electric vehicle uptake.
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competition law newsletter | uk
Sep 2021 UK Government launches consultations on reforming competition policy and on a pro-competition regime for digital markets
In July 2021 BEIS published reform proposals to UK competition and consumer law and to establish a new regulatory regime for digital markets.
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