On 23 July, the European Commission has filed a formal Statement of Objections against Sky UK and six major US film studios (Disney, NBCUniversal, Paramount Pictures, Sony, Twentieth Century Fox, Warner Bros), having preliminarily determined that their bilateral licensing agreements containing clauses that inhibit access to pay-TV services for consumers located outside the UK and…
As maintained in the statement published by the Commission on 15 July, Hungary’s amended ‘food chain inspection fee’ and a new tobacco tax, in particular the progressive nature of the rates based on companies’ turnover, may prove to amount to the infringement of EU state aid provisions. The Commission, concerned that companies with a lower…
The European Court of Justice delivered, on 16 July, its judgment on the preliminary ruling regarding the Huawei case, stating that an action brought by an undertaking in dominant position, seeking injunction and compensation against an alleged infringer of a SEP, not necessarily infringes Article 102 TFEU. Huawei Technologies Co. Ltd (‘Huawei’) owns – inter…
The Commission announced on 16 July the launch of two investigations against Qualcomm, with a view to determine whether the company has engaged in practices abusing its market position under Article 102 TFEU. The proceedings concern the field of baseband chipsets that are the crucial components of consumer electronic devices, such as smartphones or tablets.…
The judgment rendered by the Court of Justice on 9 July 2015 dismisses in its entirety the appeal by InnoLux seeking a reduction in the amount of the fine imposed for its involvement in the cartel concerning LCD panels. In December 2010, the Commission adopted the decision ascertaining that six major international manufacturers of LCD…
On 9 July 2015, following formal proceedings launched in April 2013, the European Commission issued a Statement of Objections against MasterCard in which it formulated competition concerns in relation to the costs of card payments in the EU. Under discussion are interchange fees paid by the retailer’s bank (the ‘acquiring bank’) to the bank of…
The burden of proof falling on the claimant in competition damages actions, especially if stand-alone type, is notoriously fraught with difficulty. As a consequence, if the national judge interprets the domestic procedural laws in a strict and formalistic manner, this may render the burden not just difficult but nearly close to impossible. The Italian Court…