Here are some of the developments in antitrust news this past week that we found interesting and are following.

Deutsche Telekom Said to Weigh New Antitrust Complaint Against Google.  Deutsche Telekom, the German telecom company, is expected to file a formal antitrust complaint against Google’s Android mobile software with European competition authorities in the coming weeks, according to sources.  Deutsche Telekom, which owns a controlling stake in T-Mobile US, the cellphone carrier, is an outspoken critic of United States tech companies’ dominance over how Europeans access online services.   The complaint, which may be submitted by early November, focuses on whether Google uses its Android mobile operating system to unfairly promote its own products like Google Maps and online search over those of rivals.

U.S. Judge Says Apple e-Books Antitrust Monitor’s Term to End.  U.S. District Judge Denise Cote  has agreed to not extend the term of a court-appointed monitor assigned to review Apple’s antitrust compliance program despite the difficult environment the monitor faced in dealing with the iPad maker.  The decision of the federal judge in Manhattan follows a recommendation by the U.S. Justice Department to not extend the appointment of Michael Bromwich, who was named monitor after Apple was found liable for conspiring to raise e-book prices.  The court noted that Bromwich had “persevered and made numerous recommendations to Apple for the improvement of its antitrust compliance program,” the vast majority of which Apple implemented.

AB InBev, SABMiller Brew Up $100 Billion Deal.  The world’s two biggest brewers have agreed to create a company making almost a third of the world’s beer after SABMiller accepted an offer worth more than $100 billion from larger rival Anheuser-Busch InBev.  There are significant antitrust hurdles to such a combination, particularly in the United States, where the companies would control about 70 percent of the beer market.  If the deal survives antitrust scrutiny, it would rank in the top five mergers in corporate history and be the largest takeover of a UK company.

Fantasy Sports Trade Association Subpoenaed by U.S. Prosecutor: WSJ.  The fantasy sports industry’s main trade association has been subpoenaed by the U.S. Attorney’s Office in Tampa, Florida in an ongoing federal investigation into potential antitrust violations or fraud among the large fantasy sports sites, the Wall Street Journal reported.  The subpoena ordered the Fantasy Sports Trade Association to produce copies of the minutes of its board meetings, according to the report.

Here are some of the developments in antitrust news this past week that we found interesting and are following.

Apple ‘own worst enemy,’ U.S. antitrust monitor says in report. Apple’s antitrust compliance program has improved, but the company continues to throw up roadblocks to a court-appointed monitor overseeing the program, the monitor reported to a federal judge. Michael Bromwich, who was assigned to monitor Apple’s internal antitrust policies after U.S. District Judge Denise Cote found the company liable for conspiring to raise e-book prices, said Apple was acting as “its own worst enemy” by continuing to raise objections to his requests for information.

EU’s Vestager Not Planning to Rush Google, Gazprom Antitrust Cases. The European Union’s antitrust case against Gazprom will continue despite concessions from the Russian gas producer, meant to settle charges it abused its dominance in eastern and central Europe, according to the EU’s antitrust chief. European Competition Commissioner Margrethe Vestager also reported that it would take time to conclude the EU’s five-year-old Google case, as she reviewed the internet search group’s reply to charges of favoring its services over rivals.

Supreme court won’t hear challenge to baseball antitrust immunity. The U.S. Supreme Court has rejected a challenge to Major League Baseball’s long-standing exemption from U.S. antitrust laws brought by San Jose as part of the California’s city’s effort to become the new home of the Oakland Athletics. The court’s decision not to take the case means a January appellate ruling that said San Jose cannot seek a court order allowing the Athletics to move to the city remains intact.

A View from Constantine Cannon’s London Office

By James Ashe-Taylor and Yulia Tosheva

The European Parliament formally adopted the revised Directive on Payment Services (PSD2) today.

The new law, proposed by the European Commission in July 2013, aims to enhance consumer protection, innovation and security of payment services.  Among the key changes introduced by the new rules are the following:

Introduction of strict security requirements for the initiation and processing of electronic payments and the protection of consumers’ financial data.

Opening the European Union payment market for companies offering innovative payment services based on access to payment accounts – the so-called “payment initiation services providers” and “account information services providers.”

Enhancing consumers’ rights in numerous areas, including reducing the liability for non-authorised payments and introducing an unconditional (“no questions asked”) refund right for direct debits in euros.

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Here are some of the developments in antitrust news this past week that we found interesting and are following.

Court Strikes Down Payments to College Athletes. The United States Court of Appeals for the Ninth Circuit ruled that the N.C.A.A. may restrict colleges from compensating athletes beyond the cost of attendance, handing the college sports establishment a victory in its fight against athletes’ rights. The appeals court held that limiting student athletes’ compensation to the cost of attendance in exchange for use of their names, images and likenesses was sufficient under antitrust law.

EU antitrust chief says Apple, Google cases show no U.S. bias. Europe’s antitrust chief is dismissing accusations of anti-U.S. bias over her decision to go after Google for abusing its Internet search dominance and Apple over an Irish tax deal. European Competition Commissioner Margrethe Vestager is defending herself against criticisms in U.S. media for several cases opened over the past year against U.S. giants such as Google, Apple, Amazon and Starbucks. According to the antitrust enforcer, the nationality of companies played no role in her assessment.

Swiss Regulator Is Examining Precious-Metals Market. Switzerland’s Competition Commission is investigating seven financial institutions, including the Swiss banks UBS and Julius Baer, over potential collusion to manipulate the precious-metals market. The antitrust regulator announced that it was examining whether there was collusion among banks around the bid-ask spread in the trading of gold, silver, platinum and palladium. The financial institutions are Barclays, Deutsche Bank, HSBC, Julius Baer, Morgan Stanley and UBS, and the trading house Mitsui & Company Precious Metals, a unit of Mitsui & Company of Japan.

By Hamsa Mahendranathan

After years of speculation that two beer giants will tie the knot, Anheuser-Busch InBev has disclosed its intention to acquire SABMiller.

This acquisition would combine the world’s two largest brewers by revenue, which together have $69 billion in annual revenue and command 30% of global beer sales.  Anheuser-Busch’s brands of beer include Budweiser, Corona, Stella Artois Hoegaarden and Skol.  SABMiller’s offerings include Miller Lite, Aguila, Peroni and Pilsner Urquell.  In the United States, SABMiller owns 58 percent of the MillerCoors joint venture which has the right to market Coors in the U.S.

Large breweries have seen their sales fall as customers in established markets have shifted their consumption to wines and craft beers.  For Anheuser-Busch, the deal is an opportunity to solidify its presence in existing markets, expand its global reach and grab SABMiller while it is relatively cheap.  SABMiller’s share price has fallen recently, and it continues to have a strong presence in markets where Anheuser-Busch has little or none, such as Africa, Colombia and Peru.

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