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Antitrust Commission consults on commitments offered by Corning in ‘Gorilla Glass’ abuse investigation The Commission has initiated a market test of commitments proposed by Corning to address suspected abuse‑of‑dominance concerns tied to alleged exclusivity arrangements for the supply of Alkali‑aluminosilicate glass (Alkali‑AS Glass). This specialist material is mainly employed as cover glass in handheld electronic devices, and Corning markets it predominantly under the ‘Gorilla Glass’ brand name. Alkali‑AS Glass has two variants that are commercially significant: lithium aluminosilicate glass (LAS Glass) and sodium aluminosilicate glass (NAS Glass). By way of background, on 6 November 2024 the Commission launched a formal investigation because of concerns that Corning may have distorted competition in the Alkali‑AS Glass market by concluding allegedly anti‑competitive exclusive supply agreements with mobile phone manufacturers (OEMs) and with companies that process raw glass (finishers). The Commission preliminarily found that Corning holds a dominant position on the worldwide market for Alkali‑AS Glass. In its initial assessment, the Commission considers that Corning has abused this dominant position, contrary to Article...
This Practice Note outlines the duties under Practice Direction 31B, para 7, triggered when litigation is in prospect, regarding the preservation of documents, together with the implications and factors to weigh for particular aspects of disclosure, including the handling of back-up tapes, computers, notebooks, laptops, portable storage media and handheld devices, as well as social media accounts. It also considers the potential repercussions of failing to retain disclosable material, and the practical issues that may arise. Note: this Practice Note does not address the disclosure scheme in the Business and Property Courts, where preservation obligations equally apply. For that guidance, see: Disclosure Scheme (Business & Property Courts)—overview. Obligations CPR PD 31B, which governs disclosure of electronic documents, expressly requires a legal adviser, as soon as they are instructed to deal with a dispute likely to be, or already, allocated to the multi-track, to advise their client immediately to preserve disclosable documents. In any case, establishing procedures to ensure potentially disclosable material is retained is prudent wherever you would...