e-Competitions Special Issue: Commitment decisions

e-Competitions Special Issue: Commitment decisions

FOREWORD

COMMITMENT DECISIONS: AN OVERVIEW OF EU AND NATIONAL CASE LAW
30 MAY 2019

There has always been a practice of competition authorities to accept, on a discretionary basis, commitments by undertakings who promised to mend their ways in return for closing an investigation (vulgo: to “settle a case”). After all, the main goal of competition law enforcement should be to restore competitive conduct in the marketplace, and if this can be achieved at an early stage and without investing many of the competition authority’s resources, then all the better. For a long time, “settling cases” was handled informally by the European Commission and National Competition Authorities (NCAs), on the basis of their discretion to (de)prioritise cases for enforcement. [1] This informality under the old regime had the disadvantage that it was not entirely clear what the consequences would be if undertakings deviated from their commitments, if they had submitted incomplete, incorrect or misleading information, or if there was a material change of circumstances.

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Florian Wagner-von Papp

University College London

 ANTICOMPETITIVE PRACTICES

The EU Commission accepts remedies proposed by two financial services companies to cut inter-regional interchange fees (Mastercard / Visa)
29 APRIL 2019
European Commission  DG COMP (Brussels)
The EU Commission accepts final commitments in a cross-border access to pay-TV case (Disney / NBC Universal / Sony Pictures / Warner Bros / Sky)
7 MARCH 2019
Peter L’Ecluse  Van Bael & Bellis (Brussels)
The EU Commission accepts remedies proposed by entertainment companies ending competition concerns in the pay-TV services market (Disney / NBC Universal / Sony Pictures / Warner Bros / Sky)
7 MARCH 2019
European Commission  DG COMP (Brussels)
The COMESA Competition Commission’s second investigation into restrictive vertical distribution ends with a beverage company avoiding a fine after agreeing to eliminate price maintenance clauses (Coca-Cola)
6 DECEMBER 2018
Andreas Stargard  Primerio (Washington)
The EU Commission invites interested parties to comment on the commitments offered separately by two credit card companies to address competition concerns relating to inter-regional interchange fees for card payment transactions (Mastercard II / Visa)
5 DECEMBER 2018
European Commission  DG COMP (Brussels)

 DOMINANCE

The German Competition Authority finds that the data gathering practices of a social network are an abuse of its dominant position, and orders amendments in the data processing policy (Facebook)
6 FEBRUARY 2019
Tim Kasten  Van Bael & Bellis (Brussels)
The EU Commission accepts commitments from a company to settle an investigation into conduct affecting the German and Danish electricity markets (TenneT)
7 DECEMBER 2018
Tim Kasten  Van Bael & Bellis (Brussels)
The EU Commission imposes binding remedies on a German grid operator to increase electricity trading (TenneT)
7 DECEMBER 2018
European Commission  DG COMP (Brussels)
The French Competition Authority renders legally binding a set of remedies proposed by a media company, leaving its subscribers free to choose their TV decoder to watch its programmes (Canal Plus)
24 JULY 2018
French Competition Authority  French Competition Authority (Paris)
The EU Commission fines a Big Tech company €4.34 billion for illegal practices (Google)
18 JULY 2018
Geoffrey Manne  International Center for Law & Economics (Portland)

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