The ruling issued by the Supreme Court on 29 January 2015 finally clarifies the limits to be applied to sanctions imposed for infringements for the Act on Defence of Competition: the percentages laid down in article 63 shall apply to the total turnover of the breaching entity, not only to...

On 7 April 2016, the Competition and Markets Authority published a template merger enquiry letter , which will be used by the CMA when starting investigations into mergers that have not been formally notified to the CMA by the merging parties. The CMA actively monitors the press for news of...

In the European Parliament yesterday, EU anti-trust chief Margarethe Vestager reported on the responses of EU Member States to a consultation on proposals to bolster national enforcement of competition law. The overarching message: there is broad support for legislative reform. By way of example, unlike other Member States, the UK...

Can a manufacturer prevent its distributors from selling on eBay or Amazon? The European Court of Justice (CJEU) will soon provide the answer – and could end up in a power struggle with the German Federal Supreme Court. The European Commission and national competition authorities – notably in Germany –...

The European Commission is showing an increased interest in anti-competitive distribution practices, in particular in online and cross-border sales. Competition authorities across Europe have fined brand-name manufacturers for re-sale price maintenance (RPM). Unlike in US federal law, where RPM can often be justified under the rule of reason, the majority...

International legal practice Osborne Clarke has advised Babcock Marine & Technology of the Babcock International Group plc. on the acquisition of 50% of the OKEANOS Joint Venture from Bernhard Schulte Group. The transaction is subject to applicable merger clearance. The OKEANOS Joint Venture will focus on the use and development...

One of the most controversial powers of competition authorities, which the Spanish Commission on Markets and Competition in particular practices, is the carrying out of surprise inspections. “Dawn raids” have been particularly controversial in Spain, with several inspections challenged before the courts in recent years. Practical guidance Although the powers...

On 21 July 2016, the Payment Systems Regulator (PSR) published its final report in its market review into the supply of indirect access to payment systems. This follows a year-long review, interim findings in March 2016 and responses to the interim report. Background: what was the PSR looking at? The...