CASE DIGESTS

 

Penalties Imposed in First Bid Rigging Case Before the Tribunal: Nutanix

By decision dated 16 December 2020 ([2020] HKCT 11), the Tribunal dealt with the consequential orders to be made against the 4 respondents (ie, Nutanix, BT, Innovix and Tech 21) which were found in a previous decision dated 17 May 2019 ([2019] HKCT 2) to have...

CJEU dismisses another power cables appeal: PrysmianCS

By decision dated 24 September 2020, the CJEU dismissed an appeal by PrysmianCS from the judgment of the EGC, by which the EGC found that PrysmianCS had participated in a cartel in the sector for (extra) high voltage underground and/or submarine power cables from 18...

ECJ confirmed Commission’s power to make copies of raid data for later examination: Nexans

By decision dated 16 July 2020 (C-606/18P), the European Court of Justice (“ECJ”) dismissed the appeal made by the appellants, Nexans France SAS (“Nexans France”) and Nexans SA (“Nexans”) in its entirety. The appellants, Nexans...

UK Supreme Court confirms UK courts can award global FRAND licences: Unwired

By judgment dated 26 August 2020, the UK Supreme Court (the "Court") dismissed the appeals of Huawei Technologies Co Ltd and its UK subsidiary Huawei Technologies (UK) Co Ltd (collectively "Huawei") and ZTE Corporation and its UK subsidiary ZTE (UK) Ltd (collectively...

Procedures for transferred private proceedings clarified by the Tribunal: Meyer

By decision dated 12 September 2018 ([2018] HKCT 4), the Tribunal had to deal with various procedural issues upon transfer of proceedings from the Court of First Instance (“CFI”) to the Tribunal. The underlying dispute arose from a claim by Taching Petroleum Co...

A major landmark in ‘pay-for-delay’ settlement cases: Generics

By decision dated 30 January 2020 (C-307/18), the European Court of Justice (“ECJ”) clarified a number of important issues relating to 'pay-for-delay' settlements between a holder of pharmaceutical patents and a manufacturer of generic drug. The case concerned a...

Leave to issue third party proceedings granted in renovation cartel case: Fungs E&M Engineering

By decision dated 17 July 2020 ([2020] HKCT 4), the Tribunal dismissed the 1st respondent’s applications to substitute a third party (Pau) in its place and to join Pau as a respondent; but granted leave to issue a third party notice to Pau. The case concerns...

Software supplier and its director admitted liability for cartel conduct in bidding exercise organised by the Ocean Park: Quantr

By decision dated 3 November 2020 ([2020] HKCT 10), the Tribunal approved a consent order made between the Commission and the 1st and 2nd respondents. The order provides, inter alia, that: - the 1st respondent has contravened the first conduct rule; the 2nd...

Contractors found liable in 1st cartel enforcement action before the Tribunal: Nutanix

By decision dated 17 May 2019 ([2019] HKCT 2), the Tribunal found 4 respondents liable under the first conduct rule ("FCR"). This case concerns an application by the Commission against 5 respondents, contending that they had contravened the FCR in relation to a...

Tribunal held that Witness Statements Should be Exchanged in Enforcement Proceedings: TH Lee

By decision dated 31 December 2020 ([2020] HKCT 12), the Tribunal held that in enforcement proceedings, witness statements should be simultaneously, instead of sequentially, exchanged. In this action, the Commission alleges agreements or concerted practices between...

Court of Appeal of England and Wales found a supplier’s policy to prohibit online sales by its authorised dealers was a restriction of competition by object: Ping

By decision dated 21 January 2020 ([2020] EWCA Civ 13), the Court of Appeal of England and Wales ("EWCA") held that the imposition by a supplier of a prohibition on online sales by its authorised dealers in a selective distribution network revealed a sufficient...

Tribunal clarifies admissibility of employee’s incriminating statements against his employer: Nutanix

By decision dated 3 October 2017 ([2017] HKCT 3), the Tribunal handed down a judgment on 2 applications made by the 1st and 2nd respondents ("Nutanix" and "BT" respectively) respectively for orders to strike out references to certain statements from the originating...

No shortcut in by object assessment: Budapest Bank

By decision dated 2 April 2020 (C-228/18), the Court of Justice (“ECJ”) confirmed that there is no shortcut (as is sometimes characterised) in a ‘by object’ assessment. Background Visa and MasterCard (together the “credit card companies”)...

General Court cut fine imposed on cartelist in smart card chip market: Infineon

By decision dated 8 July 2020 (T-758/14), the European General Court ("EGC") cut the cartel fine on Infineon Technologies, a German chipmaker, because of the fewer number of anti-competitive contacts in which it had participated. In a decision back in 2014, the...

Judgment in high voltage power cable cartel partially set aside: NKT Verwaltung

By decision dated 14 May 2020 (C-607/18 P), the European Court of Justice (“ECJ”) partly set aside the judgment of the European General Court ("EGC") which refused to annul a finding by the European Commission (“EU Commission”) that NKT Verwaltungs GmbH and NKT...
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