Saturday 24 November 2018

European Commission investigation into airline ticket distribution




European Commission investigation into airline ticket distribution

The European Commission is investigating whether agreements between booking systems Amadeus and Sabre, and airlines and travel agents, may be in breach of EU competition law.

The Commission is investigating whether provisions in the providers’ agreements with airlines and agents may limit the latter’s ability to use rival suppliers of ticket distribution.  This may make it more difficult for new distribution suppliers to enter the market and may increase costs for airlines which are passed on to consumers.

It will be recalled that as early as 2002 the Commission investigated the creation of the online travel agency, Opodo.  This was a joint venture by nine of Europe’s largest travel agents offering internet sales, hotel bookings, car hire and insurance.  The European Commission took into account a package of commitments offered by the parties and issued a ‘negative clearance’ type of comfort letter.   In order to allay concerns that the airlines might use the joint venture as a vehicle for collusion the parties put in place undertakings that the shareholders would not get access to commercially sensitive information about each other. In order to address the concern that the airlines would favour their own operations to the detriment of other travel agents, each undertook not to discriminate without objective justification between other travel agents.

Commission press release IP/18/6538


Saturday 17 November 2018

New head for India’s Competition Commission




New head for India’s Competition Commission

Ashok Kumar Gupta has been appointed as the new chairman of the Competition Commission of India, replacing Devender Kumar Sikri.

His appointment follows review by a selection committee consisting of the minister for corporate affairs, minister of law and justice and experts drawn from law and economics.  In common with other heads of India’s competition authority, Gupta does not have an antitrust enforcement background.  Gupta has been a civil servant for 36 years, starting out in Tamil Nadu’s state government. Recently he was head of the Department of Defence Production, part of the Ministry of Defence.

Gupta is expected to contribute deep sector expertise, particularly in the defence, healthcare and shipping sectors.

Friday 9 November 2018

European Commission closes infringement case against Cyprus Bar Association over restrictive fee arrangements






The European Commission has ended its competition investigation against Cyprus over a minimum fee arrangement for out of court legal services including drafting contracts, drawing up wills, estates administration and company registration.

The Commission raised concerns in April 2018 that Cyprus legislation, by encouraging the Bar Association to adopt the minimum fee arrangements, could encourage conduct that might prevent, restrict or distort competition in the internal market.  As such, the Commission raised concerns that Cyprus could be in breach of Article 106 TFEU whereby member states must refrain from encouraging undertakings or associations of undertakings to favour or encourage anti-competitive behaviour that would breach Article 101 of the TFEU.

Cyprus amended its legislation in response to the Commission’s investigation.  The Commission also closed a parallel investigation into the minimum fee scale arrangements of the Cyprus Bar.



Saturday 3 November 2018

CMA sends objections to ComparetheMarket about Most Favoured Nation clauses in contracts with home insurance providers






The Competition and Markets Authority has issued a statement of objections to BGL (Holdings) Limited, BGL Group Limited, BISL Limited (BISL), and Compare The Market Limited (together ComparetheMarket) alleging breach of the Chapter I prohibition and Article 101 TFEU.

ComparetheMarket operates a price comparison website.  The CMA is concerned about the use by ComparetheMarket of most favoured nation (MFN) clauses in agreements with home insurance providers.  The CMA has also conducted a market study into digital comparison tools.  It now alleges that the use of MFNs by ComparetheMarket is preventing home insurers from quoting lower prices on competing websites.

ComparetheMarket now has an opportunity to respond to the CMA’s objections.  Third parties may submit written representations on the objections if they can materially assist the CMA’s investigation and may request a non-confidential version of the statement of objections by 16 November 2018.

Friday 2 November 2018

FCA issues paper on fair pricing in financial products




The Financial Conduct Authority has issued a discussion paper on fair pricing in financial services (DP18/9).  The paper addresses loyalty and inertia pricing, setting out the FCA’s framework for assessing fairness and harm caused by discriminatory pricing.  The paper also considers potential remedies.

The FCA intends that the paper will prompt a public debate on the issues. These issues are relevant particularly to the FCA’s general insurance market study.

The FCA is seeking views, particularly, on two practices.  First, firms charging different prices to different consumers based solely on differences in consumers’ price sensitivity (also known as ‘price discrimination’). Second, firms charging existing customers higher prices than new customers (sometimes referred to as ‘loyalty pricing’ or ‘inertia pricing’).

The FCA seeks comments on the discussion paper by 31 January 2019.