Author: 21st Century Competition

Sharing Risk in Collective Actions (Competition Bulletin from Blackstone Chambers)

Ninth Circuit Once Again Affirms That Malicious Actions To Destroy A Competitor Do Not State An Antitrust Claim Unless Accompanied By Injury To Competition (Sheppard Mullin Antitrust Connect Blog)

On February 24, 2014, the Ninth Circuit Court of Appeals affirmed the lower court’s grant of summary judgment dismissing DAW Industries’ claims of conspiracy to restrain trade and attempted monopolization, once again affirming the tenet that antitrust laws do not address malicious actions to destroy a competitor, unless injury to …read more

“What’s in a Commission Decision?” and other lessons for national courts (Competition Bulletin from Blackstone Chambers)

In a decision of 13 February 2014, the Court of Justice of the European Union (“CJEU”) added a little gloss to an otherwise well-trodden path in relation to the binding aspects of a Commission Decision. For instance, it is well established that assessments made in recitals to a decision “are …read more

Swiss Competition Commission rejects liability of a natural person with a controlling shareholding in companies under cartel investigation (Kluwer Competition Law)

Lenz & Staehelin

By Marcel Meinhardt and Frank Bremer, Lenz & Staehelin, Switzerland

On November 18, 2013, the Swiss Competition Commission (ComCo) closed proceedings without further action against a Swiss individual with a formerly controlling stake in companies investigated for a possible abuse of a dominant …read more