The OFT alleges that these involved substantial payments from GSK to keep the generic versions off the market, and that GSK's conduct amounted to
an abuse of its dominant position in the market.
In Case C - 170 / 13 Huawei Technologies Co. Ltd v ZTE Corp & ZTE Deutschland GmbH, (Judgment of the 5th Chamber, CJEU, 16 July 2015) the CJEU was asked to rule for the first time on whether seeking an injunction and other associated remedies by the owner of a Standard Essential Patent (SEP) against a company in breach of the patent (but one willing to become a licensee) can amount to
an abuse of a dominant position in breach of EU competition law (Article 102 TFEU).
Not exact matches
Regulators around the world are fining or investigating Qualcomm, supporting elements
of Apple's claims
in a lawsuit alleging Qualcomm
abuses its
dominant position in mobile chips.
Legal experts, speaking on a not - for - attribution basis because precise measures have not been announced, said one possibility is the government might change the Competition Act to say that «
abuse of a
dominant position» would include «exploitative pricing» or,
in effect, charging too much.
The culture
of consumerism and the chase for material symbols
of wealth and security have sometimes come to be
dominant; the pursuit
of spiritual fulfillment
in many has slowly begun to degenerate into empty and sterile ritualism; the legitimate thirst for education has often become perverted into an obsessive drive to acquire with the greatest speed the formal diplomas necessary to gain entry to jobs offering the easiest opportunities to make the quickest rupees; political statesmanship
in some areas has begun to depreciate into an opportunities race for power and
position; the spirit
of SEVA (Service) to the nation has intermittently begun to be suffocated
in many, by the
abuse of discretions, sometimes mediated by a bloated bureaucracy itself enmeshed
in a vast network
of multiplying paper and self - proliferating regulations; menacingly many good and decent people even
in public life, have come to be corroded by a culture
of demanding corruption; and some potentially creative lawyers, have begun to take perverted pride
in mere «cleverness», rendering themselves vulnerable to the prejudice that they are a parasitic obstruction
in the pursuit
of substantive justice.
«AT&T has been
abusing its
position as a
dominant buyer
of the Lower 700 MHz wireless devices,» C Spire's Graham said
in a telephone interview.
The Commission will investigate whether such clauses may limit competition between different e-book distributors and may reduce choice for consumers.If confirmed, such behaviour could violate EU antitrust rules that prohibit
abuses of a
dominant market
position and restrictive business practices.The opening
of proceedings does not prejudge
in any way the outcome
of the investigation.
The Commission has concerns that certain clauses included
in Amazon's contracts with publishers concerning such e-books could constitute a breach
of EU antitrust rules that prohibit the
abuse of a
dominant market
position and restrictive business practices.
In a statement, the association said that Amazon and Audible were
abusing their
dominant market
position to force publishers to accept «unreasonable conditions» for the marketing
of audiobooks, according to Reuters.
In turn, this would reduce choice for consumers and would constitute an
abuse of a
dominant market
position and restrictive business practices.
The association said
in a statement that Amazon and Audible were
abusing their
dominant market
position to force publishers to accept «unreasonable conditions» for the marketing
of audio books.
«It's an
abuse of dominance allegation... being that TREB has a
dominant position in [Multiple Listing Service] based real estate, and that it
abused that
dominant position by restrictions that it put on access to MLS data,» says Donald Houston, partner at McCarthy Tétrault LLP
in Toronto.
Representing Dwr Cyrmu Welsh Water before the Competition Appeal Tribunal and the Court
of Appeal
in relation to complaints
of an
abuse of a
dominant position.
Any
abuse by one or more undertakings
of a
dominant position within the internal market or
in a substantial part
of it shall be prohibited as incompatible with the internal market
in so far as it may affect trade between Member States.
In a grand chamber judgment in case C ‑ 209 / 10, Post Danmark, the European Court of Justice (ECJ) handed down a preliminary ruling on the interpretation of abuse of a dominant position (Art. 102 TFEU
In a grand chamber judgment
in case C ‑ 209 / 10, Post Danmark, the European Court of Justice (ECJ) handed down a preliminary ruling on the interpretation of abuse of a dominant position (Art. 102 TFEU
in case C ‑ 209 / 10, Post Danmark, the European Court
of Justice (ECJ) handed down a preliminary ruling on the interpretation
of abuse of a
dominant position (Art. 102 TFEU).
In 2009, in a case concerning the market for mobile telecom on the French Indian Ocean islands of la Réunion and Mayotte, the French competition authority imposed interim measures on a subsidiary of the French telecom operator SFR because of (alleged) abuse of a dominant position; I use the word «alleged», since the final decision is not given yet (cf. a second interim decision of 24 January 2012, pa
In 2009,
in a case concerning the market for mobile telecom on the French Indian Ocean islands of la Réunion and Mayotte, the French competition authority imposed interim measures on a subsidiary of the French telecom operator SFR because of (alleged) abuse of a dominant position; I use the word «alleged», since the final decision is not given yet (cf. a second interim decision of 24 January 2012, pa
in a case concerning the market for mobile telecom on the French Indian Ocean islands
of la Réunion and Mayotte, the French competition authority imposed interim measures on a subsidiary
of the French telecom operator SFR because
of (alleged)
abuse of a
dominant position; I use the word «alleged», since the final decision is not given yet (cf. a second interim decision
of 24 January 2012, par.
Not surprisingly, this leads to conflicts between those independents and manufacturers
of appliances, because
of the intellectual property rights over the machinery and consumables (e.g. generic producers offering coffee pads compatible with Nespresso [1]-- and Senseo [2]- coffee machines and contesting the IP - rights
in question, or —
in the alternative — claiming that the refusal to license the IP - right is an
abuse of a
dominant position [3]-RRB- and associated litigation (e.g. the Toshiba / Katun - case over advertisement
of generic consumables which referred to the brand
of the machinery).
In that respect, the difference, in this case, focuses primarily on the question whether the Commission had to identify an actual or potential abuse of the dominant position by the applicant, or whether it was sufficient for it to establish that the State measures in question distorted competition by creating an inequality of opportunities between economic operators, in favour of the applican
In that respect, the difference,
in this case, focuses primarily on the question whether the Commission had to identify an actual or potential abuse of the dominant position by the applicant, or whether it was sufficient for it to establish that the State measures in question distorted competition by creating an inequality of opportunities between economic operators, in favour of the applican
in this case, focuses primarily on the question whether the Commission had to identify an actual or potential
abuse of the
dominant position by the applicant, or whether it was sufficient for it to establish that the State measures
in question distorted competition by creating an inequality of opportunities between economic operators, in favour of the applican
in question distorted competition by creating an inequality
of opportunities between economic operators,
in favour of the applican
in favour
of the applicant.
The rule changes ushered
in by the Consumer Rights Act 2015, which came into force
in October 2015, should result
in an increase
in claims arising out
of infringement
of competition law (for example damages claims relating to cartels, anti-competitive agreements, or
abuse of a
dominant market
position).
The commission yesterday accused the search engine
of abusing its
dominant position in internet search to steer European consumers to its own
in - house shopping service.
EU legal professional privilege has developed
in a particular field
of EU law, namely EU competition law,
in the context
of investigations carried out by the competent EU competition law authority, the European Commission (the Commission) into violations
of the provisions
of the Treaty on the Functioning
of the European Union prohibiting anticompetitive agreements and
abuse of a
dominant position (although,
in principle, the privilege could protect communications relating to other proceedings brought by the Commission
in which the rights
of defence arise).
In the field of competition law, Jean - François Bellis has advised international clients in numerous cases at EU and national level involving a broad range of antitrust issues, including cartels, abuses of a dominant position, mergers, distribution and licensin
In the field
of competition law, Jean - François Bellis has advised international clients
in numerous cases at EU and national level involving a broad range of antitrust issues, including cartels, abuses of a dominant position, mergers, distribution and licensin
in numerous cases at EU and national level involving a broad range
of antitrust issues, including cartels,
abuses of a
dominant position, mergers, distribution and licensing.
Advising the British Horseracing Authority
in its successful appeal against a decision by the High Court that it
abused its
dominant position in the supply
of UK pre-race data to bookmakers.
Dimitrov, Petrov & Co. is reporting that on May 16, 2017, Bulgaria's Commission for Protection
of Competition issued a decision stating that firm client Sofia Airport's conduct
in the ground handling services market can not be defined as an
abuse of dominant position.
Successfully defending Cardiff Bus against a multi-million damages action brought by the liquidator
of a competitor following an OFT finding that Cardiff Bus had
abused a
dominant position in the Cardiff bus market.
In particular Alcon has been ordered to produce various documents to the Commissioner regarding allegations they have abused their dominant position by «Product Switching» that disrupted the «supply of Patanol for the purpose of deterring the entry of generic [in particular Apotex] versions of Patanol» (Federal Court File N
In particular Alcon has been ordered to produce various documents to the Commissioner regarding allegations they have
abused their
dominant position by «Product Switching» that disrupted the «supply
of Patanol for the purpose
of deterring the entry
of generic [
in particular Apotex] versions of Patanol» (Federal Court File N
in particular Apotex] versions
of Patanol» (Federal Court File No.
The European Commission has informed Google
of its preliminary view that the company has,
in breach
of EU antitrust rules,
abused its
dominant position by imposing restrictions on Android device manufacturers and mobile network operators.
According to section 79
of the Competition Act, the «
abuse of dominant position» violation is open - ended
in its definition (although some examples are provided at section 78):
Google and Apple are
abusing their
dominant mobile market
position by pushing their own products and services at the expense
of those developed by independent companies, several European startups including Spotify, Rocket Internet, and Deezer wrote
in a letter sent to the European Commission on Thursday.
Earlier this week, European regulators formally accused Google
of «
abusing its
dominant position»
in the EU mobile market with Android, but the timing
of today's announcement is apparently coincidental, as both companies say that they've been
in talks to drop their mutual complaints since before those charges were filed.
«With respect to
abuse of dominant position, Tribunal erring as to test applicable under s. 79 (1)(c)-- Tribunal conducted analysis from narrow, absolute perspective
of whether program prevented entry, competition when should have addressed whether competitiveness substantially lessened
in presence
of program..»
That being said and accepted as being correct, what has CREA agreed to
in order to get the bureau off
of its back... the promise that CREA won't
abuse its
dominant position?
That «agreement»
in and
of itself is a form
of «
abuse of dominant position»
in an economic sense, formulated and initiated at the outset by CREA to let underlings
in, but not let them out.
Therefore, Ms Aitken used the commissioner's new found power
in a most abusive manner,
in a manner mirroring «
abuse of dominant position» if you will, due to her actions and application
of the AMPs being unconstitutional.
Even if CREA is judged to be
in a «
dominant position», the crux
of the matter is whether CREA is
abusing its alleged
position within the marketplace.
It appears that now that times have changed, that CREA feels that the «
dominant position» scenario and alleged
abuse thereof will be judged
in a different light, by a court
of law if need be, due to the recent relative birth
of alternative models now at play,
in addition to those continuing to come onto the scene across Canada.
I guess we'll just never find out what could have evolved (competitively speaking
of course) between Melanie and me on the floor,
in the upright, non
abuse of dominant position,
of course.
I'm back
in the kiosk again, scrolling through our terrible «
abuse of dominant position» CREA, M.L.S. site, when what do I find?