Category: Competition law

Next step for Samsung after losing v. Apple? Take it to D.C.

Samsung has a very low legal barrier to overcome to challenge the Apple victory in the District Court of Northern California: it needs to show “substantial evidence” that the decision was incorrect. Substantial evidence is evidence that a reasonable person could accept as adequate to support the appellant’s conclusion.  This is lower than the civil standard […]

69 Questions: EU quizes the G on its new privacy policy.

France’s data privacy authority CNIL (acting under EU mandate) sent Google the following questionnaire in order to clarify a number of concerns on the policy’s implementation, Google’s due diligence vis-a-vis its users and compliance of the policy with EU regulations. The EU’s Article 29 Working Party (grouping Member State data protection authorities) stated that it further […]

French Competition Authority will cut fines 10% for companies with compliance programs.

More recognition across Europe that a well-built and delivered compliance program is being taken into consideration by regulatory authorities comes from France today as the Competition Authority published notice that it would reduce fines for companies that put into place a competition law compliance program. They note and recommend that an “an efficient program” include […]

Don’t touch that. Dawn raids and the EU seal.

While reading a Bloomberg news story on the EU probe into possible collusion between Veolia, Suez and Saur to fix French water services prices, I was reminded that last year Suez’s subsidiary Lyonnaise des Eaux stumbled across one of EU Competition law’s most onerous and unusual provisions. Suez was fined €8 million for opening a door. […]

Good relations are key to Competition Law compliance.

Competition law compliance secret #2: Good relations with your distribution network, customers and competitors are good for your business. While an informal complaint to DG COMP may not be investgated, its effect on your business will be immediate and possibly expensive should an inquiry be opened, whether or not the complaint has any merit. Note that […]

Train your salesforce to compete fairly.

Competition law compliance secret #1: Firstly, your salesforce needs to know that competition law is serious business and can affect their bottom line–even to the point where authorities can get involved in their personal lives. Competition/Anti-trust legal penalties are SEVERE: Fines (up to 10% of worldwide turnover) Cease & Desist orders, consent decrees, authorities dictating […]

Facing inquiries?

You have had a lot of success in the marketplace and you may in fact be the market leader. With success comes responsibility–the obligation to engage in fair competition and to respect your distributors. Do you want to know the 5 secrets to how you can ensure competition law compliance and maintain friendly relations with the […]