Sometimes 2min is plenty, even for law
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Sometimes 2 min is plenty,
even for law.
even for law.
A near-final version of the EU’s Digital Markets Act (“DMA”) was leaked to the public this month. The greatly anticipated regulation reveals that there may be hefty changes in the activities of so-called “gatekeepers” despite intensive lobbying. In addition to amendments regarding the implementation and enforcement of the DMA, which provides broad jurisdiction to the European Commission, there are significant obligations to create leeway for competitors and users to choose other options than companies such as Apple and Google. A broad obligation on the interoperability of messaging services is foreseen. The FRAND (fair, reasonable and non-discriminatory) obligation and prohibitions on self-preferencing could also have considerable effects on the relevant markets. Much depends on how this monumental piece of legislation will be applied and interpreted by the relevant authorities.
It is well known that the European Commission exercises its power to conduct on-site inspections (so-called “dawn raids”) by extensively examining e-mails and (physical and electronic) documents and mobiles devices that are used for work purposes, including messaging platforms such as WhatsApp. Case handlers may request that individuals absent from the office come to the office with their laptops and mobile devices. Recently, the Commission confirmed that the agency had conducted an on-site inspection at the private home of a company employee implicated in a cartel investigation “for the first time in many years”. The Commission warned that it intends to use such powers more often.
Germany’s competition authority, the Bundeskartellamt, issued a statement of objections in April against the country’s largest railway operator, Deutsche Bahn, due to the hindrance of mobility platforms. Mobility platforms offer solutions for integrated route planning, which allows passengers to combine train tickets with other transportation. DB allegedly abuses its dominant position by preventing third-party service providers from accessing relevant traffic data, which obstructs the ability of third-party providers to provide forecasts on passenger rail services, including information on delays, the progress of a journey, cancellations, or platform changes.
In 2016, Wuhan Taipu Transformer and Shanghai Huaming Power reached a patent settlement after Taipu filed a lawsuit claiming that its patent for a special type of off-circuit tap changer was being infringed on. However, upon Huaming’s counter lawsuit, the patent settlement was found to violate China’s Anti-Monopoly Law via provisions including market sharing and price fixing. The settlement was deemed invalid, as the relevant provisions constitute an illegal horizontal agreement, i.e., horizontal monopoly agreement.
By applying the failing-firm defence for the first time, the French authority in April unconditionally approved the acquisition of furniture retailer Mobilux by its competitor Conforama.
Subsequent to the EU General Court’s annulment of the European Commission’s landmark EUR 1 billion abuse of dominance fine imposed on the chipmaker Intel, the Commission has appealed the case to the highest court. The General Court criticised that the Commission failed to adequately prove that Intel’s rebate system hinders competition. The outcome of the Intel appeal may impact other cases, including the EUR 4.34 billion fine on Google for abusing the dominance of its Android operating system.
For further information please contact Bulut Girgin, Counsel, at bgirgin@gentemizerozer.com, Simru Tayfun, Associate, at stayfun@gentemizerozer.com, or Orçun Horozoğlu, Associate, at ohorozog@gentemizerozer.com.
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