英国竞争与市场管理局对ATG Media展开反垄断调查

[导读：据GCR报道，2016年11月22日，英国竞争与市场管理局（Competition and Markets Authority，“CMA”）对ATG Media展开了反垄断调查。CMA表示，ATG Media涉嫌在在线拍卖服务市场排除新的市场进入者，对此CMA将对其可能影响英国拍卖服务市场竞争的涉嫌进行排他性和限制性定价行为，包括与在线销售相关的MFN条款进行调查。此前，CMA曾收到BidonThis等公司对ATG Media的指控，其中指出，ATG Media在相关市场占有超过50%的市场份额，其通过临时降低佣金的方法，限制其竞争对手对拍卖房屋进行宣传推广。CMA还提到，其将展开调查并收集信息，并预计将在2017年5月就是否结束调查或继续调查作出决定。（本文源自GCR网。导读系本公众号原创，转载请注明文字出自本公众号。）]

The UK’s Competition and Markets Authority is investigating ATG Media over allegations that the London-based company may have foreclosed new entrants from the market for the supply of online auction services in the UK, GCR has learned.

The CMA today said it has opened an investigation into “suspected exclusionary and restrictive pricing practices, including most favoured nation provisions in respect of online sales” potentially affecting the market for auction services in the UK. A spokesperson declined to confirm or deny the identity of the company or companies that the enforcer has targeted.

GCR understands that the enforcer is targeting ATG Media, one of whose businesses provides real-time online services to auction houses, in return for a commission on auction sales. Auction houses receive payments from successful bidders, then later pay the online auction platform its commission; bidders are ultimately responsible for choosing which platform to use.

The CMA has received a complaint from new entrant BidonThis that ATG Media holds a market share of more than 50%, and that it has responded to new competitors in the market that could offer lower commissions by attempting to restrict auction houses through quasi-exclusive deals. 

The complaint outlined most-favoured nation clauses that may have affected auction houses. ATG’s contracts allow auction houses to advertise commission rates to bidders that are lower than its own in certain circumstances – but only when the houses offer ATG’s service at the same price, while still paying the full commission rate to the company.

The complaint also says ATG bans auction houses from advertising its rivals’ promotions, such as temporarily lower rates of commission.

A CMA spokesperson confirmed that the investigation began following the receipt of a complaint about “a company or companies”, but declined to provide any further details of the investigation. 

The authority today said it has not yet reached a view about whether there is enough evidence of a competition law infringement for it to issue a statement of objections. The enforcer will conduct an initial investigation and gather information, and estimates it will make a decision on whether to close the investigation or to proceed with it in May 2017.

Eulogy, ATG Media’s communications agency, did not respond to a request for comment.

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