Does Amazon comply with EU competition law? Some initial thoughts on the new Commission investigation

A few days ago the European Commission opened a preliminary investigation against Amazon to assess whether the American company is engaging in anticompetitive conducts. The Commission is concerned by the dual role of Amazon, which is at the same time owner of the biggest online market place and a seller of its private label products therein. Since Amazon obtains a significant amount of data from the transactions occurring on its market place, DG Comp suspects that Amazon might be using this information to better tailor its private label offer and eventually exclude the other retailers active on the market place. Continue reading “Does Amazon comply with EU competition law? Some initial thoughts on the new Commission investigation”

The Italian Competition Authority publishes draft “Guidelines on antitrust compliance” encouraging the adoption of compliance programs

On April 20 the Italian Competition Authority (“AGCM”) launched a public consultation in order to gather comments on its draft “Guidelines on antitrust compliance”.

The document is of huge importance since it provides for the first time the view of the AGCM on how an effective antitrust compliance program should be established and managed. Even more importantly, the draft guidelines show how the Authority will weigh the adoption of compliance programs as a mitigating circumstance at the moment of calculating fines in antitrust investigations. Continue reading “The Italian Competition Authority publishes draft “Guidelines on antitrust compliance” encouraging the adoption of compliance programs”

Reforming EU copyright law through competition enforcement? Waiting for the Commission’s decision in the “Pay-tv” case

These are complicated days for the entertainment industry. While one investigation regarding sports media rights has just been launched by the European Commission, another is coming to an end. I am talking about the so-called “Pay-tv” case, by means of which the Commission is subtly attempting to reform copyright law through competition enforcement. Continue reading “Reforming EU copyright law through competition enforcement? Waiting for the Commission’s decision in the “Pay-tv” case”

SEP licensing and competition law: DOJ and European Commission bless a new “patent-friendly” approach

Recently, the debate on the applicability of competition law to the licensing of standard-essential patents (SEPs) has come to a turning point. Indeed, both the US Department of Justice (DOJ) and the European Commission are making an attempt to provide a final answer to the following questions:

1) should the conduct of SEP-holders be subject to the application of competition law?

2) should standard-setting organisations (SSO) provide guidance on the meaning of “fair, reasonable and non-discriminatory” terms (FRAND), or would that guidance amount to a price-fixing cartel?

Continue reading “SEP licensing and competition law: DOJ and European Commission bless a new “patent-friendly” approach”

AG Saugmandsgaard Øe provides guidance on the application of EU competition law in the pharmaceutical sector

**Update**: see here the comment on the final judgment of the CJEU.

On 21 September Advocate General Saugmandsgaard Øe provided his Opinion to the CJEU on some key issues regarding competition law in the pharmaceutical sector. The request for a preliminary ruling was referred by the Italian Supreme Administrative Court (“Consiglio di Stato”) in relation to a cartel case where the Italian Competition Authority (“ICA”) fined Roche and Novartis for a total amount of 180 million euros.

Continue reading “AG Saugmandsgaard Øe provides guidance on the application of EU competition law in the pharmaceutical sector”

High Court rules in favour of the SEP holder and narrows the scope of competition law defence in Unwired Planet vs. Huawei

On 5 April 2017 the High Court of Justice of England and Wales (Hon. Justice Birss) issued its long awaited judgment in the patent dispute between Unwired Planet and Huawei. The ruling is of high relevance, as it is the first decision adopted by a judge in the UK after the CJEU’s judgment in Huawei.

The facts

The trial began in March 2014 when Unwired Planet sued Google, Huawei and Samsung for infringement of five SEPs (and one non-essential patent). Later, Unwired Planet settled with Google and Samsung. Continue reading “High Court rules in favour of the SEP holder and narrows the scope of competition law defence in Unwired Planet vs. Huawei”