Price algorithms are clearly the “talk of the town” in the European competition law community these days. Just last week, the German Monopolies Commission published a report in which it discusses potential anti-competitive effects of price algorithms and proposes far-reaching amendments to the competition law enforcement framework. Meanwhile, the European Commission has announced a consultation process with a view towards … Continue Reading
First come, first served. That’s not the principle behind the clearance of Bitcoin transactions. Equally for other blockchain technology networks, the relevant factor to get a transaction on the next available block is not time, but often: money. “Paid prioritization” is a reality. Miners will first pick and clear those transactions which will most highly reward them.
Is this a … Continue Reading
The final report on the European Commission’s e-commerce sector inquiry was published last week and contains some important observations about how online channels of distribution are transforming consumer goods and digital content markets.
Margrethe Vestager, the European Commissioner in charge of competition policy, launched the Commission’s e-commerce sector inquiry in May 2015, announcing that “European citizens face too many barriers … Continue Reading
On 17 March Hogan Lovells hosted a live webinar where several of our Global TMT thought leaders interviewed a panel of academic experts from our Law and Technology Academic Advisory Council on the key legal and tech trends for 2017, including regulation of artificial intelligence, competition law and big data, global privacy and copyright trends, and the future of broadband … Continue Reading
At the Body of European Regulators for Electronic Communications (BEREC)’s annual stakeholder forum in Brussels, bundling in the telecom sector came under the spotlight, and in particular some questions were aimed at whether “bundled” offers were legal.
On the occasion of the BEREC forum, we thought it useful to revisit European rules on bundling which are relevant both from a … Continue Reading
Earlier today Margarethe Vestager, the European Competition Commissioner, delivered a speech about Big Data and Competition law. The Commissioner made several key points that emphasize the growing economic and competitive significance of data and data aggregation. More importantly, the Commissioner announces that she will propose a new EU Directive to ensure the consistent application of competition law on big … Continue Reading
A non-compete obligation which is imposed on the seller in the context of a M&A transaction can be permissible when it is ancillary to the transfer of the relevant business, that is, when it is directly related and necessary to the implementation of the deal. In order to enjoy the fruits of the purchase of the transferred business, the buyer … Continue Reading
On 29 January 2016, Hong Kong’s Court of First Instance quashed a 2013 decision (“Decision”) by the Communications Authority (“CA”) – upheld by the Chief Executive In Council (“CEIC”) – against Television Broadcasters (“TVB”), primarily on the grounds that the CA and CEIC are inherently political entities lacking objective impartiality as decision makers due to their concurrent policy, advisory and … Continue Reading
On 13 April 2016, the Beijing High People’s Court released the Trial Guidelines on Network Related Intellectual Property Right Cases (“Guidelines”). To a large extent, the Guidelines seem to be an attempt to codify the vast – and at times inconsistent – case law in this area by courts across China.
The issuance of the Guidelines represents the second codification … Continue Reading
This week’s intervention by the Competition and Markets Authority in the ongoing, hard-fought review of CK Hutchison’s bid for O2 UK supports the views already expressed by the EU competition commissioner and reflects a closeness of interaction between European regulators. But this closeness could disappear if the UK votes to leave the EU in June.
The review of the deal… Continue Reading
The media industry is obsessed with disruption. The news media have been going through a decade and a half of decline — most notably in advertising revenues — that has caused many bankruptcies and also a rethink of how media organizations organize their businesses. And despite all of this, new entrants abound.
In the business world, disruption is a catch-cry; … Continue Reading
On May 28, 2014, the European Commission approved the acquisition of the second largest mobile telecommunications carrier in Ireland by the fourth largest provider. The US$1 billion merger of O2 Ireland and H3G (known as Three), which had been awaiting regulatory approval since October 2013, will result in a new entity with a 37.5% market share, only slightly less … Continue Reading
Cogent accused major European telecom operators of violating antitrust rules in their Internet peering and transit practices. The European Commission is investigating, and launched dawn raids this summer. Meanwhile, Cogent suffered a legal setback in France. On December 19, 2013, the Paris Court of Appeals denied Cogent’s antitrust claims against France Telecom.
In 2012, Cogent sued France Télécom before the … Continue Reading
On 21 August, 2013, the President of the Polish Office of Competition and Consumer Protection (“UOKIK” ) fined pay-per-view (PPV) providers a total amount exceeding PLN 3.6 million for setting a minimum resale price for the PPV transmission of sports events. The UOKIK started antitrust proceedings in November 2012 and found that the license agreements concluded between the holder of … Continue Reading
On 11 October 2012 Maria Miller, the Secretary of State for Culture, Media and Sport, announced that she would not be referring to the Competition Commission (CC) the merger between Global Radio, which operates the Heart, Capital, LBC, Classic FM, Gold and Xfm radio brands, and the Guardian’s radio arm, GMG Radio, which operates under the Real and Smooth brands. … Continue Reading