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A weekly update of important cases in French and European competition law, distribution law, consumer law and European business law.
All decisions cited are available for consultation in our Decisions database (full text)

News Flash

4th April 2022

Restrictive agreements and abuse of dominant position: Qualified effects doctrine
The qualified effects test allows the application of the EU and EEA competition rules to be justified under public international law when it is foreseeable that the conduct at issue will have an immediate and substantial effect in the internal market or in the EEA
GC, Case T-324/17 SAS Cargo Group A/S, Judgment of 30 March 2022, LawLex202200001875JBJ

Fines : Value of sales to which the infringement relates
The Commission may use the total price which the undertaking charged its customers on the relevant market for goods or services to determine the value of sales, without it being necessary to distinguish or deduce the various elements of that price according to whether or not they were the subject of coordination.
GC, Case T-340/17 Japan Airlines Co. Ltd, Judgment of 30 March 2022, LawLex202200001976JBJ

Fines : Leniency program
An undertaking that withdraws its leniency application cannot obtain a corresponding withdrawal of its statements and evidence from the Commission’s file.
GC Case T-326/17 Air Canada v Commission, Judgment of 30 March 2022, LawLex202200001990JBJ

Action for annulment : Powers of the General Court
In the exercise of its unlimited jurisdiction, and in order to ensure equal treatment of the undertakings fined, the General Court may reinstate in the value of the sales to which the infringement relates the sales implemented on routes wrongly excluded by the Commission and thus increase the basic amount of the fine.
GC, Case T-324/17 SAS Cargo Group A/S, Judgment of 30 March 2022, LawLex202200001875JBJ

Vogel Global Competition Newsletter

No 2 – Octobre 2021

  • Latest news and reforms of competition law in the EU, the Member States and the World (Part two – Trends and evolution of procedural rules and sanctions), by Louis and Joseph Vogel
  • Bulgarian competition rules face reforms, by Vladimir Ivanov
  • New Zealand Legislative Update on Competition Law, by Sarah Keene, Troy Pilkington and Lina Kim
  • New Act on Protection of Competition in Slovakia effective from 1 May 2021, by Andrea Oršulová
  • South Africa Joins the Fray on Digital Market Regulation, by Chris Charter
  • Slovenian Competition Protection Agency investigating distribution practices of major suppliers of LPG cylinders, by Janja Zaplotnik and Aljaž Cankar

> Read more

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