IN THE NEWS
European Commission seeks feedback on commitments offered by Google to address abuse of dominance concerns in online search
The European Commission is inviting comments from interested parties on commitments offered by Google in relation to online search and search advertising. The Commission had concerns that Google may be abusing its dominant position by: giving favourable treatment, within Google's web search results, of links to Google's own specialised web search services; using without consent original content from third party web sites in its own specialised web search services; obliging third party web sites to obtain all or most of their online search advertisements from Google; and restricting the transferability of online search advertising campaigns to rival search advertising platforms. To address these concerns, Google has offered for a period of 5 years to: label promoted links to its own specialised search services so that users can distinguish them from natural web search results; offer all websites the option to opt-out from the use of all their content in Google's specialised search services; no longer include in its agreements with publishers any written or unwritten obligations that would require them to source online search advertisements exclusively from Google; and no longer impose obligations that would prevent advertisers from managing search advertising campaigns across competing advertising platforms. Click here.
Commission sends Statement of Objections to Motorola Mobility on potential misuse of mobile phone standard-essential patents
The European Commission has informed Motorola Mobility of its preliminary view that the company's seeking and enforcing of an injunction against Apple in Germany on the basis of its mobile phone standard-essential patents (SEPs) amounts to an abuse of a dominant position prohibited by Article 102. The Commission considers that, while recourse to injunctions is a possible remedy for patent infringements, such conduct may be abusive where SEPs are concerned and the potential licensee is willing to enter into a licence on Fair, Reasonable and Non-Discriminatory (so-called FRAND) terms. Click here.
New UK competition legislation receives Royal Assent
The Department for Business, Innovation & Skills has announced that the Enterprise and Regulatory Reform Act 2013 received Royal Assent on 25 April 2013. The Act establishes the new Competition and Markets Authority, which will replace the Office of Fair Trading and the Competition Commission. The changes are expected to take effect early next year. Click here.
Ofcom opens margin squeeze investigation in relation to BT
Ofcom has opened an investigation under section 25 of the Competition Act 1998 following a complaint by TalkTalk that BT has abused a dominant position in breach of the Chapter II prohibition of the Competition Act 1998 and Article 102 by operating a margin squeeze in superfast broadband pricing. Click here.
OFT refers cinema merger to the Competition Commission
The OFT has referred the completed acquisition by Cineworld of City Screen Limited to the Competition Commission. The OFT concluded that in five local areas - Aberdeen, Brighton, Bury St. Edmunds, Cambridge and Southampton - the deal raises a realistic prospect of a substantial lessening of competition. Click here.
EU
Articles 101 and 102
- The European Commission has closed its investigation into suspected breaches of Article 101 by a number of French water companies. The investigation was opened in 2012. Click here.
UK
Courts
- The Court of Appeal has granted BT permission to appeal against the Competition Appeal Tribunal's judgment which overturned Ofcom's pay TV decision. The permission relates only to the Tribunal's treatment of Ofcom's concern about the effect of rate card prices on the ability of new entrants to compete effectively with Sky. Click here.
- The Supreme Court has refused permission for Ryanair to appeal against the judgment of the Court of Appeal which upheld the Competition Appeal Tribunal's dismissal of Ryanair's appeal against the Competition Commission's decision to continue its investigation of Ryanair's acquisition of a minority stake in Aer Lingus. Click here.
COMPETITION COMMISSION
- The Competition Commission has published an issues statement as part of its investigation into the completed acquisition by AEG Facilities of the contract to manage Wembley Arena. Click here.
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