Open Competition

Google faces S Korea antitrust complaint

2011-04-15T20:36:00Z

(Financial Times) By Song Jung-a

South Korea’s top internet providers have launched an antitrust complaint against Google, alleging that the US group is stifling competition in the domestic mobile search market.

NHN, which runs Naver, the country’s leading search engine, and Daum Communications filed a petition with the country’s Fair Trade Commission on Friday, asking the antitrust watchdog to look into Google’s business practices in Korea.

Click here to read the Financial Times article (subscription required)

EC "Guidelines on the applicability of Article 101 of the Treaty on the Functioning of the European Union to horizontal co-operation agreements"

2010-12-15T19:19:16Z

These guidelines set out the principles for the assessment under Article 101 of the TFEU ("Article 101") of agreements between undertakings, decisions by associations of undertakings and concerted practices (collectively referred to as "agreements") pertaining to horizontal co-operation between competitors. In addition, these guidelines also cover horizontal co-operation agreements between non-competitors, for example, between two companies active in the same product markets but in different geographic markets without being potential competitors.

Click here to read the guidelines.

EC opens formal probe into Google's search, advertising services

2010-11-30T16:42:00Z

The European Commission has decided to open an antitrust investigation into allegations that Google Inc. has abused a dominant position in online search, in violation of European Union rules (Article 102 TFEU). The opening of formal proceedings follows complaints by search service providers about unfavourable treatment of their services in Google's unpaid and sponsored search results coupled with an alleged preferential placement of Google's own services. This initiation of proceedings does not imply that the Commission has proof of any infringements. It only signifies that the Commission will conduct an in-depth investigation of the case as a matter of priority.

Click here to read the EC press release.

OFT launches Domestic Electrical Goods review

2010-11-25T14:34:00Z

The OFT today launched a review of competition regulation for the sale of Domestic Electrical goods and sought views on a possible market study into warranties and repairs in the sector.

It plans to focus its work on 'white' goods such as washing machines and fridges, and 'brown' goods like TVs, but not 'grey' goods such as computers.

The OFT would appreciate it if parties could provide their comments by 12 January 2011 so that it has sufficient time to consider their responses. Responses may be emailed to degs@oft.gsi.gov.uk.

Click here to read the press release.

Click here to read the complete Invitation to Comment

AT&T Mobility Settlement: FAQ

2010-11-15T16:45:00Z

This is a case that relates to AT&T Mobility's practice of charging customers for taxes, fees and surcharges on internet access through certain services. These services include iPhone data plans, Blackberry data plans, other smart phone data plans, laptop connect cards and pay-per-use data services. The lawsuit alleges that these practices are not permitted under the Internet Tax Freedom Act, 47 U.S.C. § 151 (1998) (as amended) and other state laws. As a result, the lawsuit claims that AT&T Mobility is liable for damages to the Class. There is a proposal to settle the entire lawsuit.

Click here to read AT&T's settlement FAQs.

Parallel Imports and Trade Marks: Oracle v M-Tech

2010-08-24T12:10:00Z

(Society for Computers and Law)

The Court of Appeal has ruled that there is an arguable case to suggest that Article 5 of the Trade Mark Directive does not exclude the defences based on Articles 28 and 30 of the EC Treaty where it is shown that the proprietor of a trade mark has adopted practices which distort trade within the single market. The Court set aside a previous ruling granting Oracle summary judgment.

Read the SCL commentary here.

Read the full judgment here.

Competition in Digital Media and the Internet

2010-07-07T17:59:00Z

Speech by Joaquín Almunia (Vice President of the EC, responsible for competition policy) at the Competition in Digital Media and the Internet UCL Jevons Lecture on 7 July 2010.

Click here to read his speech.

FCC in move to regulate internet

2010-06-18T16:05:00Z

The Federal Communications Commission on Thursday took its first formal step towards the adoption of new regulations for the broadband industry, setting the stage for what could become one of the most expensive lobbying campaigns to hit Capitol Hill by major telecommunications and cable providers.

Click here to read the article in the Financial Times.

Accessing Market Power in the ICT Industry - OCA White Paper

2010-06-09T22:03:50Z

The Department of Justice has recently commenced an enquiry into the assessment of market power under its 1992 anti-trust guidelines. The European Commission has also recently conducted a review of best practice and looked carefully at its processes.

In this white paper, we provide some practical suggestions on the issues that arise in assessing market power in the ICT industry, and how they can be addressed.

Click here to read the white paper.

EC Consultation on Horizontal Agreements

2010-05-05T17:41:00Z

The EC is currently conducting a consultation seeking input from stakeholders on the revised drafts of the Specialisation and Research & Development Block Exemption Regulations and the Horizontal Guidelines. This forms part of the ongoing public consultation on the review of the European Standardisation System. The OCA's initial views are that the guidelines will be very valuable and useful in advising on the application of the Competition rules.

Click here for EC Press Release.

Click here for the Consultation Page.

Click here for the Draft R&D Block Exemption Regulation

Click here for the Draft Specialisation Block Exemption Regulation

Click here for the Draft Horizontal Guidelines