Author Archives: stakheyeva

Excessive pricing investigations in Turkey

The Turkish Competition Authority (TCA) has been rather active in the recent months in launching investigations into alleged abuse of dominance via excessive pricing. For instance, on 4 May 2017 by decision No 17-15/175-M the TCA launched an investigation into alleged abuse of dominance by Sahibinden.com via implementing excessive pricing practices, i.e. sales conditions with […]

Excessive Pricing As Abuse of Dominance: “It is clear that it is unclear”

The Court of Justice of the EU (CJEU) on 14 September 2017 delivered its ruling in Case C‑177/16 AKKA/LAA[1] on excessive (unfair) pricing. While shedding some light on the issue and referring to its earlier judgements, i.e. the 1978 United Brands “excessive pricing” test, the CJEU’s judgement in this case may be summarized in the […]

Procedural Reasons For Successfully Challenging Cartel Cases In The EU

The Court of Justice of the EU (CJEU) on 21 September 2017 delivered its rulings annulling for procedural reasons the judgements of the General Court (GC) in the Italian reinforcing bars cartel C-85/15 P Feralpi, (as well as C-86/15 P C-87/15 P Ferriera Valsabbia&Valsabbia Investimenti/Alfa Acciai, C-88/15 P Ferriere Nord,  and C-89/15 P Riva Fire). Now the European […]

INTEL CASE AND CONTROVERSIAL REBATES IN THE EU: EFFECT ASSESSMENT IS CRUCIAL

On 6 September 2017 the Court of Justice of the EU (CJEU) delivered its judgement in Intel Corporation Inc. v European Commission (Case C-413/14 P). The judgement cancelled the 2009 General Court’s (GC) judgement supporting the European Commission’s (EC) finding of abuse of dominance by Intel and imposing a record EUR 1,06 billion fine. Now […]

Reminder: merger procedural rules are important

In July 2017 the European Commission (EC) launched investigations into alleged breaches of EU merger procedural rules by Merck and Sigma-Aldrich, General Electric, and Canon, in particular by providing incorrect or misleading information by the first two companies; and by implementing a merger before notification and clearance by the latter company. This is just another reminder for […]

Patent settlement agreements in pharma: EC’s preliminary view on Teva/Cephalon

On 17 July 2017 the European Commission (EC) sent Statement of Objections to pharmaceutical company Teva with its preliminary view that a patent settlement agreement concluded with Cephalon was in breach of EU competition law. Under the agreement, Teva committed not to market a cheaper generic version of Cephalon’s drug for sleep disorders, modafinil. In […]

Developments On Vertical Agreements In Turkey: Draft Guidelines Are Open To Public Consultations

On 20 July 2017, the Turkish Competition Authority (“TCA“) announced its draft amendments to the Guidelines on Vertical Agreements (“Draft Guidelines“) on its website and provided the opportunity to the interested parties, including both the consumers and the undertakings, which are active in the markets that the amendments relate to, either to explain the market structure […]