Related national case laws

• The Portuguese Supreme Court dismisses claims for damages in the football broadcasting rights case on the basis of EU competition provisions (Vitória Sport Club and Federação Portuguesa de Futebol / Radiotelevisão Portuguesa)
  25 August 2010
• The Czech Supreme Administrative Court decides that, under Czech legislation in force prior to 1st. Sept. 2009, sanctions for an infringement of competition law may be imposed on the legal successor of the infringing entity where an intra group merger has been carried out in order to avoid said sanctions (Petrol cartel)
  17 March 2010
• The Slovak Competition Authority holds that health insurance companies carrying on public health insurance are not subject to the Slovak Competition Act (Report on Health Insurance sector)
  20 January 2010
• The Romania’s High Court of Justice upholds a NCA’s decision having imposed a fine for price fixing to a nonprofit organization (National Association of Dental Technicians)
  6 January 2010
• The Cyprus Commission for the Protection of Competition finds the four oil companies as having violated competition rules and imposes millions in fines (Retail fuel market of Cyprus)
  6 January 2010
• A German district Court holds that the refusal to grant a horse riding licence can constitute an abuse of a dominant position within the meaning of Art. 82 EC (“The doped horse”)
  19 November 2009
• The Supreme Court of the Netherlands declares that the national provision equivalent to Art. 81 EC is not a provision of public policy and, as a consequence, may not be applied ex officio by Dutch courts (De gemeente Heerlen / Whizz Croissanterie)
  25 February 2009
• The Belgian Prosecutor refuses to prohibit grant of a public tender for public bicycle rental system (ClearChannel Belgium/JC Decaux Belgium sa and Région de Bruxelles-Capitale)
  20 January 2010
• The Belgian NCA dismisses an action for interim measures against the granting of a public tender for the provision of self-service bike hire system (Decaux)
  9 September 2009
• The Greek Competition Authority condemns three shipping companies for abuse of dominant position (Samos cruises)
  1 July 2009
• The Cyprus Competition Commission holds that the incumbent airways operator does not abuse of its dominant position while providing visa services with airplane tickets (Yiannas Euripidou / Cyprus Airways)
  21 August 2010
• The Irish Competition Authority issues enforcement decision regarding alleged anticompetitive actions by the body in charge of supplying drugs, medicines and medical appliances to the public (Health Services Executive)
  16 December 2008
• The Bulgarian Supreme Administrative Court endorses a fine-tuning of the notion of an “undertaking” with respect to non-profit organizations (Geto Productions v CPC)
  14 May 2008
• The Italian Supreme Administrative Court qualifies the independence criteria applicable to the agent pursuant to EU law upholding the appeal filed by a pharmaceutical company to revoke an antitrust fine imposed by the Italian Antitrust Authority (AstraZeneca)
  8 April 2009
• The Polish Supreme Court confirms that the Authors’ Association falls within the scope of national competition law provisions (ZaiKS)
  13 August 2008
• The Spanish Competition Commission re-opens proceedings against financial institutions for allegedly subordinating the granting of mortgages to the subscription of other insurance related services (Entidades de crédito)
  26 February 2008
• The Czech Supreme Administrative Court clarifies the notion of single economic unit in the context of abuse of dominant position (Ceska rafinerska)
  26 February 2008
• The Greek Competition Commission rejects complaint alleging abuse of dominance with respect to freight rebates charged by shipping companies in Northern Greece (Thasos, TSCSA)
  12 March 2008
• The Dutch Competition Authority sets out a brisk pace in the mental healthcare sector (AMC De Meren - Jellinek Mentrum)
  24 September 2007
• The French Administrative appeal court of Lyon rules that trade chambers are not undertakings and rejects the claim of a claimant alleging that a tax for the expenses of these chambers amounts to unlawful State aid (Bellerivedis)
  28 August 2009
• The Polish Competition Authority decides to discontinue proceedings instituted against the fixed telephony incumbent and a mobile phone operator by referring to the single economic unit doctrine (Telekomunikacja Polska - Polska Telefonia Komorkowa Centertel)
  22 July 2008
• The Hungarian Competition Office finds certain marketing and advertising restrictions on pharmacists contrary to both Art. 81 EC and its Hungarian equivalent (Association of Hungarian Pharmacists)
  10 July 2007
• The Greek Competition Authority considers that a cemetery can not be regarded as an undertaking according to competition law (Municipal cemetery)
  24 November 2007
• A German court confirms application of merger rules to public hospital operators holding them as economic undertakings (German public hospitals)
  13 August 2007
• The Polish Competition Authority finds that the National Health Fund abused of its dominant position by imposing unfairly low prices for the purchase of health services (Narodowy Fundusz Zdrowia)
  9 August 2007
• The Polish Competition Authority confirms that the entity in charge of the management of the general compulsory health insurance system is an entrepreneur and therefore is subject to competition law (Narodowy Fundusz Zdrowia)
  21 May 2007
• The German Federal Cartel Office vetoes a merger of two public hospitals (Greifswald University Hospital/Wolgast Hospital)
  23 January 2007
• A Russian Order provides details on approval of the presentation of a list of persons belonging to one group of persons for the purposes of merger notifications (Order 26 Nov. 2006)
  26 November 2007
• The Polish Competition Authority condemns a price fixing agreement (Warsaw National Library)
  24 January 2007
• A Dutch Court considers that municipalities should be regarded as economic entities when they grant exclusive rights for outdoor advertising (KPN/JC Decaux)
  12 December 2006
• The Czech Regional Court of Brno rules that sanctions for an infringement of competition law may not be imposed on the legal successor of the infringing entity (“Petrol cartel”)
  12 December 2006
• The Irish High Court considers that the Medical Council is not an association of undertakings, therefore domestic and EC Competition law rules do not apply (Ramadan Hemat)
  25 July 2006
• The Belgian Supreme Court held that obligatory opening and closing hours for pharmacists violate the Competition Act (L. A./Council of the Order of Pharmacists)
  27 January 2008
• The Brussels Court of Appeal confirms the functional interpretation of the notion of ‘undertaking’ stressing that it is a relative concept (International Gemmological Institute)
  28 September 2008
• Polish Competition authorities examine the dominant position abuse of an authors’ association on the national music copyright collective management market (ZAiKS)
  1 July 2006
• The Polish Competition and Consumer Protection Court qualifies a body of the Catholic Church of "entrepreneur" and finds it guilty of abusing of dominant position on the funeral services market ("All Saints" Lublin Parish)
  23 April 2006
• The Court of First Instance of Rotterdam holds that sickness funds can not be considered as undertakings acting as economic entities (CZ/OZ)
  11 June 2006
• The Czech Office for the Protection of Competition confirms the abuse of dominant position by the operator of a municipal cemetery by refusing to grant access to a funeral chapel (TSP/PSM)
  4 February 2006
• The Italian National Competition Authority fines the Italian Football Association for the price-fixing of tickets for the so-called “play-off” and “play-out” games (Lega Calcio - Prezzi Biglietti Play-Off)
  18 February 2006
• The Swedish Competition Authority closes predatory pricing investigation relating to procurement of services pursuant to Art. 82 EC and its Swedish equivalent (Konkurrensverket/Banverket Produktion)
  29 October 2009
• The Maltese Competition Commission overturns a ruling of the Director of Office of Fair Trading and proclaims that a public body constitutes an ‘undertaking’ for competition law purposes (Bargain Holidays - European Air Bargains / Malta Tourism Authority)
  18 December 2007
• The Slovak NCA rules that proceedings against a dissolved company should not be stopped if there is a successor company (Železničná spoločnosť)
  26 November 2009
• A Czech court applies the intra-enterprise doctrine and cancels a decision of the NCA condemning an undertaking for abuse of its dominant position in the oil refinery sector (Česká rafinérská)
  22 November 2005
• The Brussels Court of Appeal finds that a health insurance fund can not be regarded as an undertaking as it fulfils its legal obligations when providing an extra compensation for orthodontic treatment (BVBA Kristel Cools/CM Antwerp)
  8 October 2009
• The Maltese Commission for Fair Trading confirmed that the Transport Authority was not an undertaking, consequently its monopoly was not subject to the Competition Act (Carmel Mifsud)
  26 February 2008
• Lithuanian control of concentration: A comparison with the EC Merger Regulation
  29 January 2009
• The UK Competition Commission Appeal concludes that a public body is an undertaking when "engaging in purchasing activities" (Bettercare Group Limited)
  29 October 2009
• The Luxembourg District Court qualified an agreement between a petrol company and a petrol station as an agency agreement outside the scope of the prohibition of cartels (Aral Luxembourg/ Koepfler)
  25 August 2008
• The Irish Supreme Court overturned the High Court’s definition of the term undertaking in order to include organisations whose primary objective goes beyond profit-making (Deane a. o./Voluntary Health Insurance Board)
  23 June 2006
• The Portuguese Supreme Court dismisses claims for damages in the football broadcasting rights case on the basis of EU competition provisions (Vitória Sport Club and Federação Portuguesa de Futebol / Radiotelevisão Portuguesa)
  25 August 2010
• The Czech Office for the Protection of Competition confirms the abuse of dominant position by the operator of a municipal cemetery by refusing to grant access to a funeral chapel (TSP/PSM)
  4 February 2006
• The Italian Supreme Administrative Court qualifies the independence criteria applicable to the agent pursuant to EU law upholding the appeal filed by a pharmaceutical company to revoke an antitrust fine imposed by the Italian Antitrust Authority (AstraZeneca)
  8 April 2009
• The Hungarian Competition Office finds certain marketing and advertising restrictions on pharmacists contrary to both Art. 81 EC and its Hungarian equivalent (Association of Hungarian Pharmacists)
  29 January 2009
• The Irish Competition Authority issues enforcement decision regarding alleged anticompetitive actions by the body in charge of supplying drugs, medicines and medical appliances to the public (Health Services Executive)
  22 January 2009
• The Dutch Competition Authority sets out a brisk pace in the mental healthcare sector (AMC De Meren - Jellinek Mentrum)
  15 January 2009
• The Slovak Competition Authority holds that health insurance companies carrying on public health insurance are not subject to the Slovak Competition Act (Report on Health Insurance sector)
  20 January 2010
• The Maltese Commission for Fair Trading confirmed that the Transport Authority was not an undertaking, consequently its monopoly was not subject to the Competition Act (Carmel Mifsud)
  2 February 2009
• The Polish Competition Authority finds that the National Health Fund abused of its dominant position by imposing unfairly low prices for the purchase of health services (Narodowy Fundusz Zdrowia)
  9 August 2007
• A Dutch Court considers that municipalities should be regarded as economic entities when they grant exclusive rights for outdoor advertising (KPN/JC Decaux)
  12 December 2006
• The Supreme Court of the Netherlands declares that the national provision equivalent to Art. 81 EC is not a provision of public policy and, as a consequence, may not be applied ex officio by Dutch courts (De gemeente Heerlen / Whizz Croissanterie)
  25 February 2009
• A German court confirms application of merger rules to public hospital operators holding them as economic undertakings (German public hospitals)
  13 August 2007
• The Slovak Competition Authority holds that health insurance companies carrying on public health insurance are not subject to the Slovak Competition Act (Report on Health Insurance sector)
  20 January 2010
• The Polish Competition Authority confirms that the entity in charge of the management of the general compulsory health insurance system is an entrepreneur and therefore is subject to competition law (Narodowy Fundusz Zdrowia)
  29 January 2009
• A Dutch Court considers that municipalities should be regarded as economic entities when they grant exclusive rights for outdoor advertising (KPN/JC Decaux)
  12 December 2006
• The Italian Supreme Administrative Court qualifies the independence criteria applicable to the agent pursuant to EU law upholding the appeal filed by a pharmaceutical company to revoke an antitrust fine imposed by the Italian Antitrust Authority (AstraZeneca)
  8 April 2009
• The Luxembourg District Court qualified an agreement between a petrol company and a petrol station as an agency agreement outside the scope of the prohibition of cartels (Aral Luxembourg/ Koepfler)
  25 August 2008
• The Luxembourg District Court qualified an agreement between a petrol company and a petrol station as an agency agreement outside the scope of the prohibition of cartels (Aral Luxembourg/ Koepfler)
  25 August 2008
• The Polish Supreme Court confirms that the Authors’ Association falls within the scope of national competition law provisions (ZaiKS)
  13 August 2008
• Polish Competition authorities examine the dominant position abuse of an authors’ association on the national music copyright collective management market (ZAiKS)
  1 July 2006
• The Polish Supreme Court confirms that the Authors’ Association falls within the scope of national competition law provisions (ZaiKS)
  20 January 2009
• The Belgian Supreme Court held that obligatory opening and closing hours for pharmacists violate the Competition Act (L. A./Council of the Order of Pharmacists)
  27 January 2008
• The Maltese Commission for Fair Trading confirmed that the Transport Authority was not an undertaking, consequently its monopoly was not subject to the Competition Act (Carmel Mifsud)
  2 February 2009
• The Greek Competition Commission rejects complaint alleging abuse of dominance with respect to freight rebates charged by shipping companies in Northern Greece (Thasos, TSCSA)
  12 March 2008
• The Spanish Competition Commission re-opens proceedings against financial institutions for allegedly subordinating the granting of mortgages to the subscription of other insurance related services (Entidades de crédito)
  26 February 2008
• The Polish Competition Authority decides to discontinue proceedings instituted against the fixed telephony incumbent and a mobile phone operator by referring to the single economic unit doctrine (Telekomunikacja Polska - Polska Telefonia Komorkowa Centertel)
  22 July 2008
• The Belgian Prosecutor refuses to prohibit grant of a public tender for public bicycle rental system (ClearChannel Belgium/JC Decaux Belgium sa and Région de Bruxelles-Capitale)
  20 January 2010
• The Belgian NCA dismisses an action for interim measures against the granting of a public tender for the provision of self-service bike hire system (Decaux)
  9 September 2009
• The Romania’s High Court of Justice upholds a NCA’s decision having imposed a fine for price fixing to a nonprofit organization (National Association of Dental Technicians)
  6 January 2010
• The Cyprus Commission for the Protection of Competition finds the four oil companies as having violated competition rules and imposes millions in fines (Retail fuel market of Cyprus)
  6 January 2010
• The Irish Competition Authority issues enforcement decision regarding alleged anticompetitive actions by the body in charge of supplying drugs, medicines and medical appliances to the public (Health Services Executive)
  16 December 2008
• The Polish Supreme Court confirms that the Authors’ Association falls within the scope of national competition law provisions (ZaiKS)
  15 January 2009
• Polish Competition authorities examine the dominant position abuse of an authors’ association on the national music copyright collective management market (ZAiKS)
  1 July 2006
• The Portuguese Supreme Court dismisses claims for damages in the football broadcasting rights case on the basis of EU competition provisions (Vitória Sport Club and Federação Portuguesa de Futebol / Radiotelevisão Portuguesa)
  25 August 2010
• The Irish Supreme Court overturned the High Court’s definition of the term undertaking in order to include organisations whose primary objective goes beyond profit-making (Deane a. o./Voluntary Health Insurance Board)
  23 June 2006