A PYMNTS Company

Statement of Objections

Australia: ACCC concerned with ANZ Terminals’ liquid storage acquisition
 |  Jul 25, 2019

The Australian Competition & Consumer Commission (ACCC) released a statement of issues on Thursday, July 25, raising preliminary concerns about ANZ Terminals’ proposed acquisition of GrainCorp Liquid Terminals Australia. ANZ Terminals and GrainCorp both provide port-side bulk liquid storage services in New South Wales, Victoria, and South Australia, where they compete to store liquids including […]

To Settle or Not To Settle After Timab
 |  Sep 16, 2015

This article is part of a Chronicle. See more from this Chronicle Marc Abenhaim, Kristina Nordlander, Stephen Spinks, Sep 16, 2015 On May 20, 2015, the General Court of the European Union dismissed the appeal brought by Timab Industries  and its parent company Cie Financière et de Participations Roullier  against the European Commission’s decision fining them […]

Due Process in Antitrust Proceedings Before the European Commission: Fundamental Rights are Not Enough
 |  Jun 16, 2014

This article is part of a Chronicle. See more from this Chronicle Martin Mollmann, Jun 16, 2014 In 2011, the European Court of Human Rights issued its widely noted Menarini judgment, stating that an administrative body may impose competition law penalties (which constitute criminal law sanctions) without infringing Article 6 ECHR, as long as the parties […]

Same Rules, Double Enforcement: A Comparative Analysis of European Union and Italian Procedural Rules on Anticompetitive Agreements
 |  Jun 28, 2013

Francesco Russo, Claudio Tesauro, Jun 28, 2013 Competition law enforcement in the European Union is based on a system of parallel competences in which the European Commission and the national competition authorities of the Member States can apply Article 101 (prohibiting anticompetitive agreements) and 102 (prohibiting abuses of dominant position) of the Treaty on the […]

A Bananas Judgment: Denying a Parent Company Access to a Related Company’s Reply to the Statement of Objections
 |  May 14, 2013

Laura Atlee, May 14, 2013 Back in 2007 the European Commission (“EC”) initiated proceedings against a number of companies involved in the banana market alleging that they had been involved in a cartel. The proceedings took the normal course: Statement of Objections (“SO”) decision, then appeal to the General Court. With the whole process taking […]

Best Practices in Article 101 and 102 Proceedings: Some Suggestions for Improved Transparency
 |  Jan 7, 2011

Marcus Glader, Jan 07, 2011 DG Competition has recently published three draft guidance papers setting out best practices for antitrust proceedings. The aim is to enhance transparency and predictability in the Commission’s proceedings, while ensuring the efficiency of investigations into suspected competition law violations. This article focuses on the Commission’s Best Practices on the conduct […]

Best Practices in Article 101 and 102 Proceedings: Some Suggestions for Improved Transparency
 |  Apr 20, 2010

Marcus Glader, Apr 19, 2010 DG Competition has recently published three draft guidance papers setting out best practices for antitrust proceedings. The aim is to enhance transparency and predictability in the Commission’s proceedings, while ensuring the efficiency of investigations into suspected competition law violations. This article focuses on the Commission’s Best Practices on the conduct […]

Strengthening Due Process and Public Advocacy: Why the EC Should Open its Oral Hearings to the Press
 |  Mar 17, 2010

Robert McLeod, Mar 16, 2010 With European Commission regulators coming under pressure from all sides to improve procedures and tackle allegations of not respecting due process in its investigations, the function of the oral hearings held in merger and antitrust cases and the role of the Hearing Officer who presides over them are facing particular […]

Oral Hearings: Making the Case Come Alive
 |  Mar 16, 2010

David Lawsky, Peter-Carlo Lehrell, Mar 16, 2010 Just like trials, hearing presentations are a form of competitive theater. They are the opportunity to bring your case alive, adding a dimension that cannot be portrayed in written documents alone. It is worth the parties’ time to invoke their right to a hearing, to make sure they […]

What (Not) to Expect From the Oral Hearing
 |  Mar 16, 2010

Ulrich Soltsz, Mar 16, 2010 By putting great emphasis on the oral hearing, the new Best Practices package seems to suggest that, in the Commission’s view, the hearing should be one of the cornerstones of due process in a cartel investigation. According to section 3.1.5 of the Best Practices in antitrust proceedings, the purpose of […]

Oral Hearings and the Best Practices Guidelines
 |  Mar 16, 2010

James Modrall, Ruchit Patel, Mar 16, 2010 On January 6, 2010, the European Commission (the “Commission”) published for consultation three “Best Practices” documents. Two of these Best Practices documents contain provisions on the Oral Hearing, namely (1) the Guidelines on the procedures of the Hearing Officers in proceedings relating to Article 101 and 102 of […]

Is It a Hearing If Nobody is Listening?
 |  Mar 16, 2010

Stephen Kinsella, Mar 16, 2010 There are many criticisms of the oral hearing process. Indeed, there is a general growing tide of criticism of the manner in which competition law offenses in the European Union are investigated and prosecuted. It was partly in response to such concerns that on January 6, 2010 the European Commission […]

Loading...