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European Union: European Court of Justice Rules on German Public Broadcasting Contribution

(Jan. 7, 2019) On December 13, 2018, the European Court of Justice (ECJ) held that a “contribution” required to be paid by all German households to public broadcasters is compatible with European Union (EU) law, in particular with the rules on preferential state aid. The request for a preliminary ruling was submitted by a judge […]

European Union: European Court of Justice Rules Sellers Must Inform Consumers of Fee-Incurring Preloaded and Preinstalled Services on SIM Cards

(Sept. 28, 2018) On September 13, 2018, the European Court of Justice (ECJ) held that selling SIM cards with preinstalled and preloaded fee-incurring services constitutes an aggressive unfair commercial practice. It stated that consumers must be informed in advance of such services so that they can make a free choice. The ECJ concluded that such […]

Japan: Supreme Court Affirms Extraterritoriality of Antimonopoly Act

(Dec. 19, 2017) On December 12, 2017, Japan’s Supreme Court ruled that the national Fair Trade Commission (FTC) can impose surcharges on firms that join cartels established overseas if the cartels impair the free competition of the Japanese market.  (Sup. Ct., Dec. 12, 2017, 2016 (Gyo-hi) No. 233, Courts in Japan website (in Japanese).) Japan’s […]

China: Amendment of Unfair Competition Law Proposed

(Mar. 20, 2017) On February 26, 2017, the National People’s Congress (NPC) of the People’s Republic of China (PRC) published the Amendment of Unfair Competition Law (Draft for Comments) (the Draft) online, to solicit public opinions on the Draft.  Comments from the public may be submitted until March 25, 2017, online at www.npc.gov.cn, or by […]

Italy: Compensation for Damages Arising from Antitrust Violations

(Feb. 10, 2017) On February 3, 2017, new legislation governing judicial procedures for the recovery of damages arising from antitrust violations entered into effect in Italy. (Legislative Decree No. 3 of January 19, 2017 Implementing EU Directive 2014/104/EU of the European Parliament and of the Council of 26 November 2014 on Certain Rules Governing Actions […]

United Kingdom: Record-Breaking Multi-Million Dollar Fine Imposed on Drug Companies for Charging Excessive Prices

(Dec. 23, 2016) The Competition and Markets Authority (CMA) of the United Kingdom, an independent non-ministerial department responsible for promoting competition, has fined pharmaceutical companies Pfizer and Flynn Pharma a record-breaking £90 million (about US$113 million) for charging excessive and unfair prices in the UK for an anti-epilepsy drug known as phenytoin sodium.  (Press Release, […]

Israel: Amendment Allows Forced Sale of Assets of Monopolies That Threaten Competition

(Jan. 26, 2015) On November 17, 2014, the Knesset (Israel’s parliament) passed an amendment to the Restrictive Trade Practices (RTP) Law. (RTP (Amendment No. 16) Law, 5775-2014, SEFER HAHUKIM [Book of Laws, the official gazette] No. 2476, p. 33, amending the RTP Law, 5748-1988, LAWS OF THE STATE OF ISRAEL [LSI] 135 (5748-1987/88), as amended, […]

Hong Kong: Draft Guidelines for Competition Ordinance Issued

(Oct. 31, 2014) Hong Kong’s Competition Commission and Communications Authority jointly issued drafts of six guidelines for public comment. The guidelines, published on October 9, 2014, are proposals developed to go with the Competition Ordinance, passed by the Legislation Council on June 12, 2012. (Draft Guidelines Under the Competition Ordinance – 2014, Competition Commission website […]

European Union: Draft Directive on Damage Claims by Victims of Antitrust Violations

(June 30, 2014) In April 2014, the European Parliament adopted a proposal for a Directive regulating various aspects of actions for damages suffered by victims of antitrust violations. The European Commission initially proposed the Directive in June 2013. (European Commission, Actions for Damages: Proposal for a Directive on Antitrust Damages Actions, EUROPA (last updated Apr. […]

Israel: New Law on Encouragement of Competition in the Food Sector

(May 30, 2014) On March 19, 2014, the Knesset (Israel’s parliament) passed the Law for Encouragement of Competitiveness in the Food Sector, 5774-2014. The Law’s stated objective is to increase competitiveness in the food sector and in the area of consumer products manufacturing in order to achieve a reduction in consumer prices. (Law for Encouragement […]