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Welcome to the 17th edition of Cartel Intel!
In this issue, we explore a range of notable competition law developments across Europe and Asia, including a German Court's ruling confirming that managing directors may face personal liability for failing to prevent cartel conduct, and highlighting the importance of effective supervision and compliance measures. We also discuss the Italian Competition Authority’s decision in the TIM/FiberCop case, which illustrates how exclusivity clauses, discount schemes, and long-term access rights in the telecom sector can restrict competition, and how targeted commitments can address these concerns. Further, we report on the Spanish Supreme Court's ruling that Competition Authorities can impose and define public procurement bans; this ruling is expected to significantly strengthen enforcement beyond financial penalties. At EU level, the General Court’s judgment in Lantmännen reaffirms the legality of hybrid cartel procedures and sets a high threshold for companies’ claims of bias or breach of the presumption of innocence by the European Commission. Last, in Hong Kong, the Competition Tribunal clarified that facilitator liability must be pursued under a specific statutory regime, underscoring both procedural precision and the challenges of establishing intermediary involvement in cartel conduct.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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