European Competition Network Brief

European Commission (Brussels)

The European Competition Network (ECN) Brief is meant to inform about activities of the ECN and its members. This publication is a compilation of contributions from national competition authorities of the European Union and the Competition Directorate General of the European Commission. The titles of the articles reproduced below are not the original titles of the articles as published in the ECN Brief. You will find the original article and title when clicking on the titles below. Please note that the ECN is not the actual "author" of the articles and that the articles published in the ECN Brief are subject to a disclaimer. "The information provided by the ECN Brief is for information purposes only and does not constitute professional or legal advice. Its content is not binding and does not reflect the official position of any Authority. Neither any Authority nor any person acting on its behalf is responsible for the use which might be made of information contained in this publication." The ECN Brief is available in electronic format on the DG COMP’s website (http://ec.europa.eu/competition/ecn/brief/index.html) and the websites of national competition authorities. © European Union.

Articles

145545 Bulletin

Article from European Competition Network Brief The Bulgarian Competition Authority advocates for removing restrictions of competition concerning surveyors and providers of energy efficiency audits

78

CPC Advocates for Removing Restrictions of Competition Concerning Surveyors and Providers of Energy Efficiency Audits* In the framework of its advocacy activities aimed at removing restrictions of competition in the field of professional services, the Commission on Protection of Competition (...)

Article from European Competition Network Brief The Italian Competition Authority fines two cartels in ready-mix concrete sector (Intermodale / General Beton Triveneta / Calcestruzzi / SuperBeton)

84

ICA Fines two Cartels in Ready-Mix Concrete Sector* On 25 March 2015, the Italian Competition Authority (ICA) found that eight ready-mix concrete manufacturers and a consultancy firm infringed Article 101 TFEU by operating two price fixing and market allocation agreements in several areas in (...)

Article from European Competition Network Brief The Bulgarian Competition Authority adopts an advocacy opinion on the legal framework regulating "must carry" obligations introduced for the purposes of the switchover from analogue to digital terrestrial television

38

*Article originally published in ECN Brief 02/2015 (click here), under the title: "CPC Adopts Advocacy Opinion on Digital Terrestrial Television". Please note that the ECN is not the actual author of this article and that the articles published in the ECN Brief are subject to a disclaimer. (...)

Article from European Competition Network Brief The Bulgarian Commission on Protection of Competition considers that minimum and maximum prices in the taxi services sector restrict competition

43

CPC Recommends Discontinuing Price Regulation for Taxi Services* In an advocacy opinion adopted on 18 March 2015, the Commission on Protection of Competition (CPC) considers that minimum and maximum prices in the taxi services sector restrict competition. It recommends repealing the provisions (...)

Article from European Competition Network Brief The French Competition Authority fines an anti-competitive agreement concerning dairy products sold under retailers’ private labels (Yoghurt cartel)

65

French Competition Authority Imposes € 192.7 Million in Fines for Anti-competitive Agreement Concerning Dairy Products Sold under Retailers’ Private Labels* The Autorité de la concurrence (the Autorité) issued on 12 March 2015 a decision finding 10 dairy producers guilty of entering into an (...)

Article from European Competition Network Brief The Bulgarian Commission on Protection of Competition advocates the removal of unjustified restrictions on collection of household ferrous scrap

44

CPC Advocates for Removing Unjustified Restrictions on Collection of Household Ferrous Scrap* On 11 March 2015, the Commission on Protection of Competition (CPC) adopted an advocacy opinion on the Waste Management Law (WML), focusing on ferrous scrap (Decision 220). The WML provides that (...)

Article from European Competition Network Brief The Lithuanian Supreme Administrative Court upholds Competition Council’s cartel decision in shipping sector (Lithuanian Shipbrokers and Agents Association)

196

Court Upholds Competition Council’s Cartel Decision in Shipping Sector* On 4 March 2015, the Supreme Administrative Court confirmed that the Lithuanian Shipbrokers and Agents Association (the Association) and 32 Association members had concluded an anti-competitive agreement. On 8 December (...)

Article from European Competition Network Brief The Spanish Competition Authority fines exchange of strategic information in the dairy industry (Danone / Lactalis Iberia / Nestlé)

187

CNMC Imposes Fines of € 88 000 000 in Dairy Industry* On 3 March 2015, the Comisión Nacional de los Mercados y la Competencia (CNMC) fined nine companies and two sectoral associations that operate in the raw cow’s milk supply market in Spain a total amount of € 88.2 million for a breach of Article (...)

Article from European Competition Network Brief The Slovakian Antimonopoly Office publishes document on its priority setting with regard to vertical agreements restricting competition by object

77

AMO Publishes Document on its Priority Setting with Regard to Vertical Agreements Restricting Competition by Object ("Hard-Core Restrictions")* On 1 March 2015, the Antimonopoly Office (AMO) issued a document on vertical agreements with the aim to inform companies of its priority setting with (...)

Article from European Competition Network Brief The Spanish Competition Authority fines various petrol product operator for anti-competitive agreements (Repsol / CEPSA / BP)

84

CNMC Fines Various Petrol Product Operators a Total of € 32 400 000 for Anti-competitive Agreements* On 24 February 2015, the Comisión Nacional de los Mercados y la Competencia (CNMC) sanctioned Repsol S.A., Disa Corporación Petrolifera S.A., Meroil S.A., Galp Energía España S.A., BP España S.A. (...)

Article from European Competition Network Brief The Slovenian Competition Protection Agency holds that the incumbent telecom operator abused its dominant position by refusing access to network (Telekom Slovenije)

115

Telekom Slovenije Abuses its Dominant Position by Refusing Access to Network* On 2 February 2015, the Slovenian Competition Protection Agency (CPA) concluded that Telekom Slovenije (Telekom), the incumbent telecom operator, abused its dominant position on the wholesale markets for broadband (...)

Article from European Competition Network Brief The Austrian Cartel Court imposes fines totalling € 17 468 091 on 30 companies active in the freight forwarding market for infringement of Art. 101 TFEU by agreeing on tariffs for domestic combined shipments (SSK)

52

Cartel in the Freight Forwarding Market* On 19 December 2014 the Cartel Court imposed fines totalling € 17 468 091 on 30 companies active in the freight forwarding market for infringement of Article 101 TFEU by agreeing on tariffs for domestic combined shipments. A declaratory decision was (...)

Article from European Competition Network Brief The French Competition Authority and the UK Competition and Markets Authority adopts joint report on ecosystems in digital economy and their effects on competition

40

Competition Authorities Produce Joint Report on Ecosystems in Digital Economy and their Effects on Competition* The report, which was adopted on 16 December 2014 by the Autorité de la concurrence and the Competition and Markets Authority, looks at the effects of ’open’ and ’closed’ ecosystems and (...)

Article from European Competition Network Brief The Swedish Competition Authority initiates fines proceedings against a manufacturer of wet tobacco for abusing its dominant position (Swedish Match)

51

SCA Initiates Fines Proceedings against Swedish Match for Abusing its Dominant Position* On 9 December 2014 the Swedish Competition Authority (SCA) filed proceedings before the Stockholm District Court (the Court) against Swedish Match North Europe AB (Swedish Match), a manufacturer of wet (...)

Article from European Competition Network Brief The Spanish Competition Authority fines companies for their participation to a cartel in the recovery and sale of waste paper and cardboard sector (Unión de empresas de recuperación)

80

CNMC Fines Companies for Cartel in Recovery and Sale of Waste Paper and Cardboard* On 19 November 2014, the Comisión Nacional de los Mercados y la Competencia (CNMC) imposed fines amounting to € 3 830 000 on 14 companies active in recovery and sale of waste paper and cardboard for an (...)

Article from European Competition Network Brief The Swedish Competition Authority closes an investigation of recommendation on amortisation of new mortgages (Swedish Bankers’ Association)

64

SCA Closes Investigation of Recommendation on Amortisation by Swedish Bankers’ Association* In mid-October 2014, the Swedish Competition Authority (SCA) initiated an ex-officio investigation into a recommendation issued by the Swedish Bankers´ Association earlier the same month on amortisation (...)

Article from European Competition Network Brief The Luxembourg Competition Council fines the incumbent telecom operator for abuse of dominance (Entreprise des Postes et Télécommunications)

156

Competition Council Fines Incumbent Telecom Operator for Abuse of Dominant Position in Telecommunication Services Sector* On 13 November 2014, Luxembourg’s competition authority fined the Entreprise des Postes et Télécommunications (EPT), the parent company of Post Telecom, the incumbent telecom (...)

Article from European Competition Network Brief The Spanish Competition Authority fines a telecom operator for restrictions in its mobile services contracts with small and medium-sized businesses (Telefónica Móviles)

147

CNMC Fines Telefónica Móviles* On 30 October 2014, Telefónica Móviles was fined € 25 784 341 for switching restrictions in its mobile services contracts with small and medium-sized businesses (SMEs). The Comisión Nacional de los Mercados y la Competencia (CNMC) found that this practice unfairly (...)

Article from European Competition Network Brief The Swedish Competition Authority closes an investigation into retail price maintenance in sport nutrition market (13:e Protein Import)

104

SCA Closes Investigation into Retail Price Maintenance in Sport Nutrition Market* On 30 October 2014, the Swedish Competition Authority (SCA) adopted a reasoned priority decision not to pursue the investigation of a complaint regarding alleged resale price maintenance infringing Chapter 2 (...)

Article from European Competition Network Brief The Polish Competition Authority monitors implementation of commitments by an oil and gas exploration and production company to modify contractual relations with customers (PGNiG)

54

UOKiK Monitors Implementation of Commitments by PGNiG to Modify Contractual Relations with Customers* On 17 October 2014, the Office of Competition and Consumer Protection (UOKiK) initiated proceedings to determine whether Polskie Górnictwo Naftowe i Gazownictwo (PGNiG), Poland’s largest oil and (...)

Article from European Competition Network Brief The Spanish Competition Authority fines manufacturers of pallets and sectoral association in cartel case (EUR/EPAL and CALIPAL)

57

CNMC Fines Manufacturers of Pallets and Sectoral Association in Cartel Case* On 22 September 2014, the Comisión Nacional de los Mercados y la Competencia (CNMC) imposed fines totalling € 4 730 000 on 24 companies operating on the Spanish EUR/EPAL quality-controlled wooden pallet market and the (...)

Article from European Competition Network Brief The Spanish Competition Authority imposes fine in purebred horses morphological competition sector (Association of Purebred Spanish Horse Breeders of Spain)

112

Spain: The Comisión Nacional de los Mercados y la Competencia imposes Fine in Purebred Horses Morphological Competition Sector* On 9 September 2014, the Comisión Nacional de los Mercados y la Competencia (CNMC) Council adopted a decision finding that the ANCCE (Asociación Nacional de Criadores (...)

Article from European Competition Network Brief The Italian Competition Authority holds that provisions of the code of conduct for doctors and dentists limiting advertising restrict competition (FNOMCEO)

107

Provisions of Code of Conduct for Doctors and Dentists Limiting Advertising Restrict Competition* On 4 September 2014, the Italian Competition Authority (ICA) adopted a decision against the National Federation of the Associations of Doctors and Dentists (FNOMCEO) concerning provisions of (...)

Article from European Competition Network Brief The Hungarian Competition Authority finds that several importers of car refinishing paints concerted their practices and fixed prices (Alami, Autocolor)

112

Hungary: Decision adopted in Car Refinishing Paints Case* On 1 August 2014, the Hungarian Competition Authority (GVH) adopted a decision finding that several importers of car refinishing paints concerted their practices in an anticompetitive manner by fixing indirectly the average price of (...)

Article from European Competition Network Brief The Bulgarian Commission for the Protection of Competition recommends wider representation of interested parties in adoption procedure of regulatory acts in healthcare sector

25

Bulgaria: The Commission for the Protection of Competition recommends Wider Representation of Interested parties in Adoption Procedure of Regulatory Acts in Healthcare Sector* On 23 July 2014, the Commission on Protection of Competition (CPC) adopted an advocacy opinion stating that the legal (...)

Article from European Competition Network Brief The Spanish Competition Authority fines association in market for transport of freight by road in port of Alicante for price fixing (Astraco)

107

Spain: The Comisión Nacional de los Mercados y la Competencia fines Association in Market for Transport of Freight by Road in Port of Alicante* On 10 July 2014, the Comisión Nacional de los Mercados y la Competencia (CNMC) adopted a decision in which it found that ASTRACO (Asociación Provincial (...)

Article from European Competition Network Brief The Hellenic Competition Commission fines poultry meat producers and trade association for participating in long-lasting cartel (SPEE)

76

Greece: The Hellenic Competition Commission fines Poultry Meat Producers and Trade Association for participating in long-lasting Cartel* On 2 July 2014, the Hellenic Competition Commission (HCC), following an ex officio investigation, published a decision (HCC Decision 563/VΙI/2013, Government (...)

Article from European Competition Network Brief The Austrian Cartel Court adopts several decisions imposing fines for vertical restrictions including RPM and restrictions of online sales (Pioneer Electronics / Media-Saturn / Hans Lurf / SSA Fluidra Grundig)

218

Austria: Fines imposed for Vertical Restrictions and Restrictions of Online Sales* Since March 2014, the Cartel Court adopted several decisions imposing fines for vertical restrictions including RPM and restrictions of online sales infringing Article 101 TFEU and § 1 Austrian Cartel Act: a (...)

Article from European Competition Network Brief The Bulgarian Commission for the Protection of Competition recommends amending legislation on procedure for awarding contracts for activities in forest territories

24

Bulgaria: The Commission for the Protection of Competition recommends amending Legislation on Procedure for Awarding Contracts for Activities in Forest Territories* On 18 June 2014, the Commission for the Protection of Competition (CPC) adopted an opinion (Decision N°786/2014) regarding the (...)

Article from European Competition Network Brief The Portuguese Competition Court upholds a Competition Authority decision fining a TV operator for abuse of dominant position (Sport TV)

111

Portugal: The Competition Court upholds Competition Authority Decision fining Sport TV for Abuse of Dominant Position* On 4 June 2014, the Competition, Regulation and Supervision Court (the Court) upheld a decision of the Portuguese Competition Authority (PCA) finding that Sport TV had abused (...)

Article from European Competition Network Brief The Luxembourg Competition Council renders binding commitments offered by chamber of experts abandoning use of hourly fees (Chamber of experts)

33

Luxembourg: The Competition Council renders binding Commitments offered by Chamber of Experts abandoning Use of hourly Fees* By decision of 26 May 2014, the Competition Council accepted the commitments offered by the Chamber of Experts of the Grand Duchy of Luxembourg (CEL) and closed the (...)

Article from European Competition Network Brief The Austrian Cartel Court imposes a fine of € 290 000 on a manufacturer of building insulation materials for resale price maintenance and exchange of information (Swisspor)

117

Austria: New Decision imposing Fines in Building Insulation Case* On 16 May 2014, the Cartel Court imposed a fine of € 290 000 on Swisspor, a manufacturer of building insulation materials, for infringing Article 101 TFEU and § 1 Austrian Cartel Act. The Court found that the undertaking (...)

Article from European Competition Network Brief The Antimonopoly Office of the Slovak Republic and the Office for the Protection of Competition of the Czech Republic sign a memorandum of cooperation

196

Slovakia: Memorandum of Cooperation between Czech Office for the Protection of Competition and Antimonopoly Office of the Slovak Republic* On 16 April 2014, the Chairmen of the Antimonopoly Office of the Slovak Republic and the Office for the Protection of Competition of the Czech Republic (...)

Article from European Competition Network Brief The Bulgarian Commission for the Protection of Competition recommends abolishing unreasonable administrative barriers to competition in auditors’ market

29

Bulgaria: The Commission for the Protection of Competition recommends abolishing unreasonable Administrative Barriers to Competition in Auditors’ Market* On 12 March 2014, the Commission for the Protection of Competition (CPC) issued an advocacy opinion in which it recommends abolishing the (...)

Article from European Competition Network Brief The Polish Office of Competition and Consumer Protection submits for consultation the drafts of government documents on competition and consumer protection policy

47

Poland: New Competition Policy Strategy of the Office of Competition and Consumer Protection* On 20 February 2014, the Office of Competition and Consumer Protection (UOKiK) submitted for consultation the drafts of government documents on competition and consumer protection policy before (...)

Article from European Competition Network Brief The Bulgarian Commission on Protection of Competition proposes amendments to national legislation regulating provision of ambulatory medical care

47

Bulgaria: The Commission on Protection of Competition proposes Amendments to National Legislation regulating Provision of Ambulatory Medical Care* The Commission on Protection of Competition (CPC) considers that the ban on departmental hospitals to provide ambulatory medical care financed (...)

Article from European Competition Network Brief The Austrian Cartel Court imposes fines for resale price maintenance in food sector (Kärntnermilch, Vereinigte Kärntner Brauereien, Brauerei Schloss Eggenberg Stöhr)

135

Austria: The Cartel Court imposes Fines for Resale Price Maintenance in Food Sector* In December 2013 and January 2014,the Cartel Court (the Court) took several decisions imposing fines on companies active in the food sector for having infringed Article 101 TFEU and §1 of the Austrian Cartel (...)

Article from European Competition Network Brief The Bulgarian Competition Authority adopts an advocacy opinion stating that minimum price-setting by creative associations restricts competition

28

Bulgaria: Minimum Price-setting by Creative Associations restricts Competition* On 22 January 2014, the Commission on Protection of Competition (CPC) adopted an advocacy opinion stating that the possibility for creative associations (associations of actors, artists, musicians, dancers, (...)

Article from European Competition Network Brief The Supreme Administrative Court of Lithuania refers to the Court of Justice of the European Union for a preliminary ruling about concerted practices relating to online sale of package tours (Eturas)

85

Lithuania: Reference for Preliminary Ruling to ECJ in Case relating to Online Sale of Package Tours* On 17 January 2014, the Supreme Administrative Court of Lithuania (Supreme Court) referred to the Court of Justice of the European Union for a preliminary ruling in the case Eturas and others (...)

Article from European Competition Network Brief The Polish Competition Authority renders legally binding commitments in an abuse of dominant position case in the retail and wholesale markets of gas supply (PGNiG)

78

Poland: PGNiG offers Commitments in Abuse of Dominance Case* On 31 December 2013, the President of the Office of Competition and Consumer Protection (UOKiK) adopted a decision rendering the commitments offered by Polskie Górnictwo Naftowe i Gazownictwo (PGNiG) binding in the framework of (...)

Article from European Competition Network Brief The Netherlands Authority for Consumers and Markets publishes its study on the possibilities of switching banks for consumers who experienced a decrease of their income or value of their house

60

The Netherlands: ‘Underwater Mortgages’ do not result in higher Interest Rates for Homeowners* On 20 December 2013, the Netherlands Authority for Consumers and Markets (ACM) published its study on the possibilities of switching banks for consumers who experienced a decrease of their income or (...)

Article from European Competition Network Brief The Bulgarian Commission on Protection of Competition proposes abolition of anticompetitive regulations on production and sale of wood

27

Bulgaria: The Commission on Protection of Competition proposes Abolition of anticompetitive Regulations on Production and Sale of Wood* On 18 December 2013, the Commission on Protection of Competition (CPC) adopted an ex-officio opinion on the compliance of the legal framework regulating the (...)

Article from European Competition Network Brief The Polish Court of Competition and Consumer Protection upholds Authority’s decision in cement cartel case (Górażdże Cement)

114

Poland: The Court of Competition and Consumer Protection upholds UOKiK’s Decision in Cement Cartel Case* On 13 December 2013, the Court of Competition and Consumer Protection (SOKiK) confirmed the decision of the President of the Office of Competition and Consumer Protection (UOKiK) uncovering (...)

Article from European Competition Network Brief The European Competition Network publishes recommendations on investigative and decision making powers intended to serve as guidance for policymakers

70

ECN Recommendations on investigative and decision making Powers published* On 10 December 2013, a set of European Competition Network (ECN) Recommendations on key investigative and decision-making powers were published. The ECN Recommendations are intended to serve as guidance for (...)

Article from European Competition Network Brief The EU Commission imposes fines of € 16M on pharmaceutical companies for delaying market entry of generic pain-killer (Johnson & Johnson and Novartis)

176

European Commission imposes Fines of € 16 000 000 on Johnson & Johnson and Novartis for delaying Market Entry of generic Pain-Killer Fentanyl* On 10 December 2013, the European Commission imposed fines of € 10 798 000 on the US pharmaceutical company Johnson & Johnson (J&J) and € 5 (...)

Article from European Competition Network Brief The EU Commission fines banks € 1.71 billion for participating in cartels in the interest rate derivatives industry (Barclays /Deutsche Bank / RBS / Société Générale)

192

European Commission fines Banks € 1 710 000 000 for Participation in Cartels in the Financial Derivatives Industry* On 4 December 2013, the Commission has fined 8 banks a total of € 1 712 468 000 for participating in cartels in markets for financial derivatives covering the EEA. Four of them (...)

Article from European Competition Network Brief The Spanish Competition Authority fines media company and football clubs for breaching a resolution on the acquisition of broadcasting rights for football competitions (Mediapro, Real Madrid, FC Barcelona, Sevilla and Racing de Santander)

120

Spain: The Comisión Nacional de los Mercados y la Competencia fines Mediapro and four Football Clubs € 15 000 000* On 2 December 2013, the Council of the National Commission for Markets and Competition (Comisión Nacional de los Mercados y la Competencia or CNMC) imposed fines amounting to € 15 (...)

Article from European Competition Network Brief The German and UK competition authorities close investigations against leading online retailer concerning its price parity policy applicable to third party sellers (Amazon)

142

Germany and United Kingdom: Antitrust Cases against Amazon formally closed* On 26 and 29 November 2013, the German Bundeskartellamt (BKartA) and the UK’s Office of Fair Trading (OFT) terminated their respective antitrust investigations into Amazon’s price parity policy applicable to third (...)

Article from European Competition Network Brief The Polish Court of Competition and Consumer Protection confirms the Competition authority’s decision on multilateral interchange fees (Visa and MasterCard)

141

Poland: The Court of Competition and Consumer Protection confirms UOKiK’s Decision on Multilateral Interchange Fees* On 21 November 2013, the Court of Competition and Consumer Protection (SOKiK) confirmed the decision of the President of the Office of Competition and Consumer Protection (...)

Article from European Competition Network Brief The Hellenic Competition Commission issues formal opinion on regulatory-type restrictions concerning the distribution of cement in Greece

45

Greece: The Hellenic Competition Commission issues Formal Opinion on Production, Testing, Certification and Marketing of Cement* On 11 November 2013, the Hellenic Competition Commission (HCC) issued Opinion No 32/VII/2013 on regulatory-type restrictions concerning the distribution of cement (...)

Article from European Competition Network Brief The Hellenic Competition Commission issues infringement decisions with fines against professional associations of foreign language school owners for price-fixing and other restrictions in the exercise of professional activities of their members (Panhellenic Federation of Language School Owners)

81

Greece: The Hellenic Competition Commission issues Commitments Decision on Foreign Language School Owners’ Association* On 25 October 2013 the Hellenic Competition Commission (HCC) published its decision No 554/VII/2012 regarding anticompetitive practices of seven professional associations of (...)

Article from European Competition Network Brief The Luxembourgish Competition Council fines producers of railway switches for having participated in a market sharing and price fixing cartel (Voestalpine, Schreck-Mieves, Kihn, Vossloh)

106

Luxembourg: Fines imposed in Railway Switches Cartel Case* The Luxembourgish Competition Council (the Council) has fined two producers of railway switches by decision of 23 October 2013. Two German undertakings, voestalpine BWG GmbH (voestalpine) and Schreck-Mieves GmbH (Schreck-Mieves) were (...)

Article from European Competition Network Brief The UK Office of Fair Trading launches market study into the supply of information and communications technology (ICT) goods and services to the public sector

47

United Kingdom: The Office of Fair Trading launches Market Study into Supply of Public Sector ICT Services* On 15 October 2013, the Office of Fair Trading (OFT) launched a market study into the supply of information and communications technology (ICT) goods and services to the public sector. (...)

Article from European Competition Network Brief The Slovenian Competition Authority finds that pharmaceutical wholesalers engaged in illegal price fixing and market sharing in selling medicines for human use to public pharmacies (Kemofarmacija, Salus, Farmadent and Gopharm)

232

Slovenia: Agreement/Concerted practice in the Pharmaceutical Sector* On 14 October 2013, the Slovenian Competition Protection Agency (CPA) issued a decision finding that four Slovenian wholesalers of pharmaceuticals, namely Kemofarmacija, Salus, Farmadent and Gopharm, infringed Article 6 of (...)

Article from European Competition Network Brief The Spanish Competition Authority fines container transport companies and professional association for anticompetitive agreements (ASEMTRACON)

34

Spain: The Comisión Nacional de la Competencia fines Container Transport Companies and Professional Association* On 24 September 2013, the Comisión Nacional de la Competencia (CNC) Council found that the container transport industry association ASEMTRACON as well as several undertakings active (...)

Article from European Competition Network Brief The UK OFT issues statement of objections to sports bra supplier and three department stores for alleged resale price maintenance (DB Apparel, John Lewis, Debenhams Retail and House of Fraser)

211

United Kingdom: The Office of Fair Trading issues Statement of Objections to Sports Bra Supplier and Three UK Department Stores* On 20 September 2013, the Office of Fair Trading (OFT) issued a Statement of Objections to a manufacturer of sports bras and three UK department stores alleging (...)

Article from European Competition Network Brief The French Competition Authority obtains significant reduction of main multilateral interchange fees on domestic card transactions (MasterCard and Visa)

59

France: The Autorité de la concurrence obtains significant Reduction of main Multilateral Interchange Fees charged by MasterCard and Visa on Domestic Card Transactions* On 20 September 2013, the Autorité de la concurrence (the Autorité) accepted Visa and MasterCard’s binding commitments to reduce (...)

Article from European Competition Network Brief The Spanish Competition Authority fines several container carrier associations in port of Valencia for market sharing (Container Carrier Associations)

95

Spain: The Comisión Nacional de la Competencia fines several Container Carrier Associations in Port of Valencia* On 18 September 2013, the Comisión Nacional de Competencia (CNC) Council, decided on the case brought by the CNC Investigations Division on 14 June 2011 (S/0314/10) against several (...)

Article from European Competition Network Brief The Bulgarian Competition Authority investigates heating cost allocation companies for alleged coordinated behaviour relating to prices (Toplofikacia Sofia, Techem Services, Nelbo, Brunata and Ista Bulgaria)

73

Bulgaria: The Commission for the Protection of Competition investigates Heating Cost Allocation Companies* On 18 September 2013, the Commission on Protection of Competition (CPC) opened an ex officio investigation pursuant to Article 15 of the Law on Protection of Competition (LPC) and (...)

Article from European Competition Network Brief The Swedish Competition Authority initiates a project aimed at detecting cartels in public procurements by using proactive economic methodology

83

Sweden: Screening for Cartels in Public Procurement Auctions* In September 2013, the Swedish Competition Authority (SCA) initiated a project aimed at detecting cartels in public procurements by using proactive economic methodology. Economic detection methods offer an alternative when there (...)

Article from European Competition Network Brief The Belgian Competition Council fines cement producers, their trade association and a center for research for the cement industry for collusion (Cimenteries CBR, Holcim, Compagnie des ciments belges)

117

Belgium: Fines for Collusion between Cement Producers* On 30 August 2013, the Competition Council (the Council) decided that all three large Belgian cement producers, their trade association and the National Center for technical and scientific research for the cement industry (involved in (...)

Article from European Competition Network Brief The Spanish Competition Authority fines collecting society for having abused its dominant position in relation to the management of intellectual property rights for musical videos played on jukeboxes (Asociación de Gestión de Derechos Intelectuales)

59

Spain: The Comisión Nacional de la Competencia fines Collecting Society AGEDI concerning Management of IPR for Use of Musical Videos on Jukebox* By decision of 26 August 2013, the Comisión Nacional de la Competencia (CNC) Council fined Asociación de Gestión de Derechos Intelectuales (AGEDI) € 51 (...)

Article from European Competition Network Brief The Hungarian Competition Authority imposes fines on two cable operator associations for infringing the rules prohibiting anti-competitive agreements (MKSZ, MKHSZ)

40

Hungary: Fines imposed on two Cable Operator Associations* On 7 August 2013, the GVH (the Hungarian Competition Authority) imposed fines totalling HUF 11 000 00 (approximately € 37 000) on two cable operator associations for infringing the rules prohibiting anti-competitive agreements. The (...)

Article from European Competition Network Brief The German Competition Authority expresses concerns about best price clauses for operator of internet platform (HRS-Hotel Reservation Service)

85

Germany: The Bundeskartellamt expresses Concerns about Best Price Clauses for Operator of Internet Platform* On 25 July 2013, the Bundeskartellamt (BKartA) addressed a second statement of objections to HRS-Hotel Reservation Service Robert Ragge GmbH, Cologne (HRS), a hotel booking platform. A (...)

Article from European Competition Network Brief The Danish Competition Council finds refusal to supply and restrictions to parallel trade in railway spare parts sector (Deutz, Diesel Motor Nordic)

299

Denmark: The Competition Council finds Refusal to Supply and Restrictions to Parallel Trade in Railway Spare Parts Sector* On 12 June 2013, the Danish Competition Council (DCC) ruled that Deutz AG (Deutz) and Diesel Motor Nordic A/S (Diesel Motor Nordic) have infringed the Danish and European (...)

Article from European Competition Network Brief The Spanish Parliament creates a new authority in charge of both competition and regulatory matters (National Markets and Competition Commission)

51

Spain: Creation of the new National Markets and Competition Commission, CNMC* On 4 June 2013, the Spanish Parliament adopted Act 3/2013 creating a new authority in charge of both competition and regulatory matters: the Comisión Nacional de los Mercados y la Competencia, CNMC (National Markets (...)

Article from European Competition Network Brief The Bulgarian Competition Authority issues opinion in ex officio proceedings regarding the compliance with the competition rules of two legal acts regulating the supply of central heating

44

Bulgaria: The Legal Framework on Central Heating distorts Competition and may harm Consumers’ Welfare* By Decision No 623/30.05.2013, the Bulgarian Commission on Protection of Competition (CPC) adopted a competition advocacy opinion in ex officio proceedings concerning compliance with the (...)

Article from European Competition Network Brief The French Competition Authority fines cartel among major distributors of commodity chemicals (Brenntag, Caldic Est, Univar and Solvadis)

297

France: The Autorité de la concurrence fines Cartel among major Distributors of Commodity Chemicals in France* On 28 May 2013, the Autorité de la concurrence (the Autorité) issued a decision imposing a total of € 79 000 000 in fines on a cartel between Brenntag, Caldic Est, Univar and Solvadis. (...)

Article from European Competition Network Brief The Slovak Supreme Court upholds competition authority’s decision in banking cartel case (Slovenská sporiteľňa, Všeobecná úverová banka)

89

Slovakia: The Supreme Court upholds Authority’s Decision in Banking Cartel Case* On 21 and 22 May 2013, the Supreme Court of the Slovak Republic (Supreme Court) upheld a decision of the Antimonopoly Office of the Slovak Republic (the Office) in a case concerning a banking cartel, vis-à-vis two (...)

Article from European Competition Network Brief The French Competition Authority fines a pharmaceutical company for having implemented a strategy of denigrating the generic versions of its branded drug (Sanofi-Aventis)

156

France: The Autorité de la Concurrence fines Sanofi-Aventis € 40 600 000 for denigrating Generic Versions of branded Drug Plavix* On 14 May 2013, following a complaint from the generics manufacturer Teva Santé, the Autorité de la concurrence (the Autorité) imposed a fine of € 40 600 000 on (...)

Article from European Competition Network Brief The Austrian Cartel Court imposes fine against major retailer and several suppliers for anticompetitive vertical agreements in food retail sector (REWE)

164

Austria: The Cartel Court imposes Fine in Food Retail Case* On 13 May 2013, the Cartel Court (the Court) imposed a € 20 800 000 fine on the REWE Group (REWE) for vertical agreements between REWE and a number of suppliers (Court reference number 25 Kt 29/13). The Court held that REWE agreed (...)

Article from European Competition Network Brief The French Competition Authority launches a market test on multilateral interchange fees for domestic card transactions (Mastercard and Visa)

111

France: The Autorité de la Concurrence market tests Visa and MasterCard’s Commitments to reduce Multilateral Interchange Fees for Domestic Card Transactions* On 6 May 2013, the Autorité de la concurrence (the Autorité) published Visa and MasterCard’s commitments to reduce the multilateral (...)

Article from European Competition Network Brief The Hellenic Competition Commission imposes fine on operator for abuse of dominant position in primary market of natural gas transmission (DESFA)

116

Greece: The Competition Commission imposes Fine on Gas Transmission Operator DESFA for Abuse of Dominant Position in Primary Market of Natural Gas Transmission* By virtue of the above decision, the HCC fined the ‘Hellenic Gas Transmission System Operator SA’ (DESFA) a total of € 4 299 163 for (...)

Article from European Competition Network Brief The UK OFT issues statement of objections to certain pharmaceutical companies alleging they acted to delay effective competition in the UK supply of a medicine (GSK / GUK / Alpharma / IVAX)

93

United Kingdom: The OFT issues Statement of Objections in Case involving Pharmaceutical Companies* On 19 April 2013, the Office of Fair Trading (OFT) issued a Statement of Objections to certain pharmaceutical companies alleging they acted to delay effective competition in the UK supply of (...)

Article from European Competition Network Brief The Düsseldorf Higher Regional Court increases fines against liquefied petroleum gas cartel (Friedrich Scharr, Primagas, Krefeld, Progas, Dortmund, Sano-Propan, Nuremberg and Tyczka Totalgaz)

263

Germany: The Düsseldorf Higher Regional Court increases Fines against Liquefied Petroleum Gas Cartel* On 16 April 2013, the Düsseldorf Higher Regional Court - the Oberlandesgericht Düsseldorf (the Court) has imposed fines of € 244 000 000 on five members of the liquefied petroleum gas (LPG) (...)

Article from European Competition Network Brief The Finnish Government publishes a draft law aimed at ensuring competition neutrality between public-sector and private-sector market operators

61

Finland: Legislative Proposal to increase Competition Neutrality between Public-Sector and Private-Sector Companies* On 11 April 2013, the Finnish Government has published a draft law aimed at ensuring competition neutrality between public-sector and private-sector market operators. The main (...)

Article from European Competition Network Brief The French Competition Authority issues negative opinion on government proposal establishing ’good practices’ for online delivery of medicinal products

36

France: The Autorité de la concurrence issues negative Opinion on Government Proposal establishing ‘Good Practices’ for Online Delivery of Medicinal Products* On 10 April 2013, the Autorité de la concurrence (the Autorité) issued an opinion on a draft ministerial order establishing ‘good (...)

Article from European Competition Network Brief The German Competition Authority concludes a series of proceedings against consumer goods manufacturers with fines totalling approximately € 20 M (Nestlé)

90

Germany: The Bundeskartellamt concludes Proceedings against Consumer Goods Manufacturers* On 27 March 2013, the Bundeskartellamt (BKartA) has concluded a series of proceedings against consumer goods manufacturers with fines totalling approximately € 20 000 000 being imposed on Nestlé (...)

Article from European Competition Network Brief The Spanish Competition Authority imposes fines in paper envelopes cartel case (Andaluza de Papel, Antalis Envelopes Manufacturing)

78

Spain: The Comisión Nacional de la Competencia imposes Fines in Paper Envelopes Cartel Case* In its Resolution of 25 March 2013, the Comisión Nacional de la Competencia (CNC) Council found that several companies active in the manufacture, distribution and marketing of paper envelopes had taken (...)

Article from European Competition Network Brief The Belgian President of the Competition Council rejects a request for interim measures in a case regarding cooperation between prisons and sheltered workshops (Comptoir de Russie)

53

Belgium: No Interim Measures in Case regarding Cooperation between Prisons and Sheltered Workshops* On 23 March 2013, the President of the Competition Council rejected a request for interim measures in a case regarding an agreement fixing the terms of cooperation between prison workshops (...)

Article from European Competition Network Brief The German Competition Authority fines six several manufacturers of branded drugstore products for information exchange (Manufacturers of drugstore products cartel)

140

Germany: Multi-million Fines imposed on Manufacturers of Drugstore Products on account of anti-competitive Information Exchange* On 18 March 2013, the Bundeskartellamt (BKartA) concluded its proceedings against several manufacturers of branded drugstore products (body care products, cleaning (...)

Article from European Competition Network Brief The Polish Office of Competition and Consumer Protection opens proceedings against mobile telephony operators for alleged abuse of collective dominant position (Polska Telefonia Cyfrowa, Centertel, Polkomtel)

147

Poland: The Office of Competition and Consumer Protection (UOKiK) opens Proceedings against Mobile Telephony Operators for alleged Abuse of Collective Dominant Position* On 18 March 2013, the President of the Polish Office of Competition and Consumer Protection (UOKiK) opened antimonopoly (...)

Article from European Competition Network Brief The French Competition Authority sets out conditions for network sharing in mobile telephony sector and considers impact on competition of national roaming arrangements between MNOs

81

France: The Autorité de la concurrence sets out Conditions for Network Sharing in Mobile Telephony Sector and considers Impact on Competition of national Roaming Arrangements between MNOs* Following a Government referral, the Autorité de la concurrence (the Autorité) issued an opinion on 11 (...)

Article from European Competition Network Brief The Spanish Competition Authority fines ten companies and sector association for cartel in flexible polyurethane foam (Foam cartel)

104

Spain: The Comisión Nacional de la Competencia fines ten Companies and Sector Association for Cartel in Flexible Polyurethane Foam* In its Resolution of 28 February 2013, the Comisión Nacional de la Competencia (CNC) Council found that several companies active in the sector of the flexible (...)

Article from European Competition Network Brief The Spanish Competition Authority fines three companies for cartel in paper products sector (Enri 2000, Pacsa, Papelera del Carrión and Unipapel Transformación y Distribución)

40

Spain: The Comisión Nacional de la Competencia fines three Companies for Cartel in Paper Products Sector* In its Resolution of 15 February 2013, the Comisión Nacional de la Competencia (CNC) Council found that Enri 2000, S.A., Pacsa, Papelera del Carrión S.L. and Unipapel Transformación y (...)

Article from European Competition Network Brief The French Competition Authority fines eight pig slaughterers and two professional bodies for several anti-competitive agreements

52

France: The Autorité de la concurrence fines eight Pig Slaughterers and two Professional Bodies for several anti-competitive Agreements* On 13 February 2013, following a complaint from four pig farmers and the opening of ex officio proceedings which allowed the Autorité de la concurrence (the (...)

Article from European Competition Network Brief The German Competition Authority coordinates with the Dutch NCA its fining against a German mill involved in a cartel in the flour industry (Mühlen)

118

The Netherlands and Germany: Joint Solution to cross-border Inability to Pay Claim in Flour Cartel Cases* At the end of January 2013, the Bundeskartellamt (BKartA) and the Netherlands Competition Authority (NMa) coordinated their fining with regard to a German flour mill (the undertaking). (...)

Article from European Competition Network Brief The Irish Competition Authority secures binding commitments in case of resale price maintenance in footwear products (FitFlop footwear distributor, Double Bay Enterprises)

135

Ireland: Commitments in Case of Resale Price Maintenance in Footwear Products* In February 2013, the Competition Authority (the Authority) secured binding commitments from FitFlop footwear distributor, Double Bay Enterprises Limited, in relation to its policy of resale price maintenance (...)

Article from European Competition Network Brief The European Commission fines Spanish and Portuguese incumbent telecommunications operators for non-compete agreement (Telefónica, Portugal Telecom)

144

European Commission: Spanish and Portuguese incumbent Telecommunications Operators fined for non-compete Agreement* On 23 January 2013, the European Commission (the Commission) adopted a decision imposing fines of € 66 894 000 on Telefónica and of € 12 290 000 on Portugal Telecom for agreeing (...)

Article from European Competition Network Brief The Lithuanian Supreme Court upholds Competition Council’s decision finding abuse of dominant position in fuel sector (Orlen Lietuva)

114

Lithuania: The Supreme Administrative Court upholds Competition Council’s Decision finding Abuse of Dominant Position in Fuel Sector* On 21 January 2013, the Supreme Administrative Court of Lithuania (the Supreme Court) issued a final ruling stating that the Competition Council (CC) by its (...)

Article from European Competition Network Brief The French Competition Authority reaffirms importance of mobile virtual network operators in stimulating competition on mobile telephony markets

65

France: The Autorité de la concurrence reaffirms Importance of MVNOs in stimulating Competition on Mobile Telephony Markets* On 21 January 2013 the Autorité de la concurrence (the Autorité) issued an opinion examining the market conditions for mobile virtual network operators (MVNOs) and the (...)

Article from European Competition Network Brief The Spanish Competition Authority fines transport carriers for fixing prices, limiting production and sharing out the market for the road transport of containers originating from or destined for the port of Barcelona (ALTC, COTRAPORT, Barcelona Port Authority)

65

Spain: The Comisión Nacional de la Competencia fines ALTC, COTRAPORT and Barcelona Port Authority in Road Transport of Containers Case* In its resolution of 10 January 2013, the Comisión Nacional de la Competencia (CNC) Council found that between January 2006 and March 2011, an agreement had (...)

Article from European Competition Network Brief The German Competition Authority fines two major TV broadcasting groups and two individuals for entering into anticompetitive agreements when they introduced the encryption of their digital free TV programmes (Pro7Sat1 and RTL)

103

Germany: The Bundeskartellamt imposes Fines on Pro7Sat1 and RTL on account of Agreements on basic Encryption of TV Programmes and secures unencrypted SD TV* On 28 December 2012 the Bundeskartellamt (BKartA) imposed fines totalling approximately € 55 000 000 on the two major German TV (...)

Article from European Competition Network Brief The German Competition Authority declares legally binding commitments offered by airline company regarding specific issues with its data tracking methods (Lufthansa)

71

Germany: Lufthansa changes anticompetitive Clauses in Corporate Client Programme* On 20 December 2012 the Bundeskartellamt (BKartA) declared commitments of Lufthansa binding regarding specific issues with Lufthansa’s data tracking methods. The proceedings against Lufthansa were triggered by (...)

Article from European Competition Network Brief The Lithuanian Competition Council imposes fines on cash handling services provider and three banks for restricting competition in cash handling and cash in transit services (G4S Lietuva, DNB bank, SEB bank and Swedbank)

136

Lithuania: The Competition Council imposes Fines on Cash Handling Services Provider and three Banks for Restricting Competition in Cash Handling and Cash in Transit Services* On 20 December 2012, the Lithuanian Competition Council (CC) imposed fines exceeding LTL 57 000 000 (approximately € 16 (...)

Article from European Competition Network Brief The Swedish Market Court adopts a decision stating that a sport automobile federation cannot apply its loyalty rules in the future (Automobile Sports Federation)

71

Sweden: Market Court’s Decision in Automobile Sports Federation Case* On 20 December 2012, the Swedish Market Court (the Court) adopted a decision stating that the Swedish Automobile Sports Federation (the Federation) cannot apply its loyalty rules in the future. In May 2011, the SCA issued a (...)

Article from European Competition Network Brief The Bulgarian Commission on Protection of Competition adopts guidelines on corporate competition compliance programmes and guidelines on advocacy

29

Bulgaria: The Commission on Protection of Competition adopts Guidelines on Corporate Competition Compliance Programmes and Guidelines on Advocacy* On 20 December 2012, the Commission on Protection of Competition (CPC) adopted Guidelines on the Corporate Competition Compliance Programmes and (...)

Article from European Competition Network Brief The German Federal Constitutional Court confirms constitutionality of provision on interest charged on antitrust fines (Industrial insurers)

29

Germany: The Federal Constitutional Court confirms Constitutionality of Provision on Interest charged on Antitrust Fines* In a ruling of 19 December 2012, the Federal Constitutional Court has decided that the statutory imposition of interest on antitrust fines is in accordance with the Basic (...)

Article from European Competition Network Brief The Spanish Competition Authority fines three mobile operators for abusing their dominant position in wholesale telephone short messaging markets (Telefónica, Vodafone and Orange)

77

Spain: The Comisión Nacional de la Competencia fines Telefónica, Vodafone and Orange for abusing their Dominant Position in Wholesale Telephone Short Messaging Markets* In its resolution of 19 December 2012, the Comisión Nacional de la Competencia (CNC) Council found that the three mobile (...)

Article from European Competition Network Brief The French Competition Authority fines national incumbent railway operator for unilateral practices and imposes injunction (SNCF)

77

France: The Autorité de la Concurrence fines national incumbent Railway Operator SNCF for Unilateral Practices and imposes Injunction* On 18 December 2012 the Autorité de la concurrence (the Autorité) imposed on SNCF, the national incumbent railway operator, a fine of € 60 900 000 as well as an (...)

Article from European Competition Network Brief The Dutch Competition Authority fines of more than € 4 M on seven growers and processors of first year onion sets for having reduced their harvest in order to push prices up and thereby infringing EU and Dutch competition law (Onion Sets Cartel)

35

The Netherlands: The Competition Authority fines Onion Sets Cartel* On 18 December 2012, the Netherlands Competition Authority (NMa) imposed fines of more than € 4 000 000 on seven growers and processors of first year onion sets for having reduced their harvest in order to push prices up, (...)

Article from European Competition Network Brief The Swedish Market Court annuls interim order prohibiting the ice hockey league association from boycotting players from north america’s hockey league (Svenska Hockeyligan)

157

Sweden: The Competition Authority’s Interim Order prohibiting Hockeyligan from boycotting NHL Players annulled by Swedish Market Court* On 18 December 2012, the Swedish Market Court (the Court) has annulled the Swedish Competition Authority’s (SCA) interim order prohibiting the Swedish ice (...)

Article from European Competition Network Brief The French Competition Authority fines two leading mobile phone operators for applying unjustified rate differentiation practices between calls made within their own network and calls to a rival network (Orange, SFR)

97

France: The Autorité de la concurrence fines two Telecom Operators in Mobile Telephony Sector* On 13 December 2012, following a complaint by Bouygues Télécom, a mobile phone operator, the Autorité de la concurrence (the Autorité) fined the two leading mobile phone operators, Orange and SFR a (...)

Article from European Competition Network Brief The Belgian Competition Council imposes on national postal incumbent a fine of more than € 37 M for applying a rebate scheme that infringed EU and national competition laws (Bpost)

116

Belgium: Fine for Abuse of Dominance in Postal Sector* On 10 December 2012, the Competition Council (the Council) imposed on bpost (formerly called La Poste – De Post), the Belgian postal incumbent, a fine of € 37 399 786 for a rebate scheme called “model per sender” which was applied from (...)

Article from European Competition Network Brief The European Commission fines 7 international groups of companies a total of € 1 470 515 000 for participating in either one or both of two distinct cartels in the sector of cathode ray tubes (CRT Cartel)

137

European Commission fines seven international groups of companies a total of € 1 470 515 000 for participating in either one or both of two distinct cartels in the sector of cathode ray tubes* On 5 December 2012, the European Commission (the Commission) has fined seven international groups of (...)

Article from European Competition Network Brief The Belgium Competition Council decides there are no grounds for action against the incumbent telecom operator for the launch of new tariff plan for fixed telephony services (Belgacom)

84

Belgium : The Belgium Competition Council decides there are no grounds for action against Belgacom for the launch of Happy Time Tariff Plan for fixed Telephony Services* On 29 November 2012, the Competition Council (the Council) concluded that on the basis of the information in its possession (...)

Article from European Competition Network Brief The Danish Competition and Consumer Authority publishes a report on mobile phone subscribers and insurance customers’ switching of service providers

35

Denmark: Non-transparent Markets make Switch of Service Providers difficult* On 22 November 2012, the Danish Competition and Consumer Authority (DCCA) published a report on mobile phone subscribers and insurance customers’ switching of service providers. The main conclusions are: • Every (...)

Article from European Competition Network Brief The Spanish Competition Authority fines six shipping groups for cartel in maritime transport between Spanish Peninsula and Morocco (Maritime Transport Cartel)

55

Spain: The Comisión Nacional de la Competencia fines six Shipping Groups for Cartel in Maritime Transport between Spanish Peninsula and Morocco * In its Resolution of 7 November 2012, the Council of the Comisión Nacional de la Competencia (CNC) found that six shipping companies active in the (...)

Article from European Competition Network Brief The Italian Competition Authority opens formal proceedings against four insurance companies for alleged bid-rigging (Assicurazioni Generali, INA Assitalia, Unipol Assicurazioni and Fondiaria)

106

Italy: The Competition Authority opens Formal Proceedings against four Insurance Companies for alleged Bid-Rigging* At the end of November 2012, the Italian competition authority (ICA) conducted inspections at the headquarters of four insurance companies on suspicion of possible (...)

Article from European Competition Network Brief The Danish Competition and Consumer Authority interviewes 1 800 undertakings about their efforts to comply with the competition and consumer legislation and adopts a report

7

The Danish Competition and Consumer Authority interviewes 1 800 Danish undertakings about their efforts to comply with the competition and consumer législation and adopts a report* The purpose of the Danish Competition Act (konkurrenceloven – Competition Act) and Danish consumer legislation is (...)

Article from European Competition Network Brief The German Competition Authority launches a second sector inquiry into the market of oil to make an assessment of the competitive situation at the manufacturing and the wholesale levels

28

The German Competition autorithy launches a second sector inquiry into the market for oil to make an assessment of the competitive situation at the manufacturing and the wholesale level* On 27 September 2012, the Bundeskartellamt (BKartA) has launched a second sector inquiry into the market (...)

Article from European Competition Network Brief The French Competition Authority issues a first commitment decision concerning competition concerns in the Internet connectivity market (France Telecom, Cogent)

315

France: First Commitment Decision related to Internet Neutrality issued by the Autorité de la concurrence* On 20 September 2012, the Autorité de la concurrence (the Autorité) issued for the first time a commitment decision concerning competition concerns relating to certain restrictions allegedly (...)

Article from European Competition Network Brief The German Competition Authority imposes fines on manufacturers of power transformers on account of collusive tendering (ABB, Alstom Grid, Siemens and Starkstrom-Gerätebau)

169

Germany : The Bundeskartellamt imposes Fines on Manufacturers of Power Transformers on account of collusive Tendering* On 20 September 2012, the Bundeskartellamt (BKartA) imposed fines totalling € 24 300 000 on four manufacturers of power transformers for an infringement of the national and EU (...)

Article from European Competition Network Brief The Swedish Competition Authority issues an interim order prohibiting national elite ice hockey league from boycotting players from North America’s national hockey league (Svenska Hockeyligan)

101

Sweden: The Swedish Competition Authority issued an interim order prohibiting Svenska Hockeyligan AB, Sweden’s elite ice hockey league, from boycotting players from North America’s National Hockey League* On 20 September 2012, the Swedish Competition Authority (SCA) issued an interim order (...)

Article from European Competition Network Brief The Italian Competition Authority initiates investigation against three telecom operators for alleged restrictive agreement (Telecom, Vodafone Omnitel and Wind Telecomunicazioni, Bip mobile)

83

*Article originally published in ECN Brief 04/2012 (click here), under the title: "Italy: The Italian Competition Authority opens Proceedings against Telecom, Vodafone and Wind for alleged restrictive Agreement". Please note that the ECN is not the actual author of this article and that the (...)

Article from European Competition Network Brief The Romanian Competition Council fines a professional association for limiting the access to the market of services offered by the judicial executors (National Association of Judicial Executors)

214

Romania: The Competition Council decides to impose Fines on the National Association of Judicial Executors* In September 2012, the Romanian Competition Council (RCC) found that the National Association of Judicial Executors (the association) had infringed Article 101 TFEU and Article 5 of the (...)

Article from European Competition Network Brief The German Competition Authority imposes fine totalling € 8.2 M for vertical resale price maintenance in tools selective distribution system (Tooltechnic)

345

Germany: The Bundeskartellamt imposes Fines for Vertical Resale Price Maintenance in Tools Selective Distribution System* On 20 August 2012, the Bundeskartellamt (BKartA) imposed a fine totalling € 8 200 000 on TTS Tooltechnic Systems Deutschland GmbH (Tooltechnic). This case concerns high (...)

Article from European Competition Network Brief The Slovenian Competition Authority fines an electricity producer and a retailer in a resale price maintenance case (GEN Energija, GEN – I)

145

Slovenia: Resale Price Maintenance in Electricity Market* On 14 August 2012, the Competition Protection Office of the Republic of Slovenia (CPO) issued a decision finding that Slovenia’s second largest electricity producer GEN Energija d.o.o. (GEN Energija) and the electricity retailer GEN – I (...)

Article from European Competition Network Brief The UK OFT issues statement of objections against two online travel agents and one hotels group for alleged restrictive practices (Booking.com / Expedia / Intercontinental Hotels)

283

United Kingdom: The Office of Fair Trading issues Statement of Objections against Booking.com, Expedia and Intercontinental Hotels Group* On 31 July 2012, the Office of Fair Trading (OFT) issued a Statement of Objections alleging that Booking. com B.V. (Booking.com), Expedia Inc (Expedia) and (...)

Article from European Competition Network Brief The Spanish Competition Authority finds that several undertakings active in the post-tensioning and geotechnical systems have been sharing contracts and customers between themselves (Civil Engineering Field)

54

Spain: The Comisión Nacional de la Competencia fines Cartel in Civil Engineering Field* On 31 July 2012, the CNC Council has adopted a resolution finding that several undertakings active in the post-tensioning and geotechnical systems have been sharing contracts and customers between (...)

Article from European Competition Network Brief The Belgium Competition Council fines French media distribution company for having abused its dominant position through its system of rebates (Presstalis)

108

Belgium: Fine imposed for Abuse of Dominant Position in Export and Distribution of French Magazines in Belgium* On 30 July 2012, the Competition Council (the Council) sanctioned the French company Presstalis (Presstalis) for having abused its dominant position between 2002 and 2004 through its (...)

Article from European Competition Network Brief The Bulgarian Commission on Protection of Competition adopts commitment decision concerning wholesale fuel market (Lukoil, Nafteks Petrol, Rompetrol and OMV)

72

Bulgaria: The Commission on Protection of Competition adopts Commitment Decision concerning Wholesale Fuel Market * On 26 July 2012, the Commission on Protection of Competition (CPC) adopted a commitment decision in the case of Lukoil Bulgaria, Nafteks Petrol and Rompetrol Bulgaria and OMV (...)

Article from European Competition Network Brief The Polish Competition Authority publishes guidelines on commitment decisions in antitrust cases and in cases of practices infringing collective consumer interests

40

Poland: New Guidelines concerning Commitment Decisions* On 26 July 2012, the Polish Office of Competition and Consumer Protection (UOKiK) published Guidelines on commitment decisions in antitrust cases and in cases of practices infringing collective consumer interests (the Guidelines). The (...)

Article from European Competition Network Brief The Italian Competition Authority fines rail incumbent for abusing its dominant position in the markets for passenger rail transport (Ferrovie dello Stato)

95

Italy: The Italian Competition Authority fines Rail Incumbent FS for Abuse of dominant Position by hindering Access to Passenger Rail Services * On 25 July 2012, the Italian Competition Authority (ICA) sanctioned the State-owned group Ferrovie dello Stato (FS) for a violation of Article 102 (...)

Article from European Competition Network Brief The Lisbon Court of Appeal upholds first instance decision on competition authority’s pharmaceutical companies case (Baxter – Médico Farmacêutica and Glintt)

766

Portugal: The Lisbon Court of Appeal upholds First Instance Decision on Competition Authority’s Pharmaceutical Companies Case * On 10 July 2012, the Lisbon Court of Appeal (2nd instance Court) rejected the appeal lodged by Baxter– Médico Farmacêutica, Lda., and Glintt – Business Solutions, Lda., (...)

Article from European Competition Network Brief The French Competition Authority accepts commitments from 11 banks to abolish interbank fees applied to direct debits, interbank orders and other non-cash payments (BNP Paribas, Crédit Agricole, LCL)

177

France: French Banks’ Commitments to suppress inter-bank Fees applied to direct Debits, interbank Orders and other non-cash Payments made binding by the Autorité* On 5 July 2012, the Autorité de la concurrence (the Autorité) accepted commitments from 11 banks, including the national central bank (...)

Article from European Competition Network Brief The German Competition Authority fines four rail manufacturers and suppliers for anticompetitive behaviors (ThyssenKrupp GfT Gleistechnik, Stahlberg Roensch, TSTG Schienen Technik and Voestalpine BWG)

155

Germany: The Bundeskartellamt imposes first Fines in Rail Case* On 5 July 2012, the Bundeskartellamt (BKartA) imposed fines totalling € 124 500 000 on four rail manufacturers and suppliers. The fines sanction the anticompetitive behavior of the following companies: ThyssenKrupp GfT (...)

Article from European Competition Network Brief The Spanish Competition Authority fines IP rights collecting society for abuse of dominant position (Sociedad General de Autores y Editores)

162

Spain: The Comisión Nacional de la Competencia fines Sociedad General de Autores y Editores (SGAE) for Abuse of Dominant Position* In its Resolution of 3 July 2012, the Council of the Comisión Nacional de la Competencia (CNC) decided that SGAE (IP rights collecting society) had abused its (...)

Article from European Competition Network Brief The Danish Competition Council finds that satellite communication company had infringed conditions imposed by the Council concerning the distribution of its TV channels (Viasat)

79

Denmark: Viasat infringes Conditions imposed by Competition Council’s Decision in Distribution of TV Channels Case* On 27 June 2012, the Danish Competition Council (the Council) found that Viasat had infringed the conditions imposed by the Council’s decision of 30 September 2009 on Viasat‘s (...)

Article from European Competition Network Brief The Lithuanian Competition Authority fines tours operators and travel agents for concerted practices relating to online sale of package tours (Eturas)

127

Lithuania: The Competition Council imposes Fine of more than € 1 500 000 for Anti-competitive Practice relating to Online Sale of Package Tours* On 7 June 2012, the Competition Council of the Republic of Lithuania (the CC) adopted a decision in which 30 tour operators/travel agents were fined (...)

Article from European Competition Network Brief The Finnish Supreme Administrative Court upholds the Market Court decision in automobile spare part cartel case (HL Group, Kaha, Koivunen, Örum)

102

Finland: The Supreme Administrative Court upholds Market Court’s Decision in Automobile Spare Part Cartel Case* On 31 May 2012, the Supreme Administrative Court (Supreme Court) dismissed the appeals lodged against the Market Court’s decision of 2009 imposing fines totaling over € 1 000 000 on (...)

Article from European Competition Network Brief The Netherlands Competition Authority fines three bell pepper grower cooperatives and sales organizations for a price-fixing cartel (UWG, Rainbow, ZON)

61

The Netherlands: The Competition Authority fines Bell Pepper Growers’ Cooperatives and Sales Organizations* On 25 May 2012, the Netherlands Competition Authority (NMa) issued decisions imposing fines on three bell pepper grower cooperatives and sales organizations, for their participation in a (...)

Article from European Competition Network Brief The Netherlands Competition Authority fines five onion producers for their participation in cartel agreements (TOP, VECO, CROP, Thopol, Promofin)

68

The Netherlands: The Competition Authority fines Silverskin Onions Cartel* On 25 May 2012, the Netherlands Competition Authority (NMa) imposed fines of more than € 9 000 000 on five growers and processors of silverskin onions for their participation in cartel agreements concerning the maximum (...)

Article from European Competition Network Brief The Lithuanian Supreme Administrative Court upholds NCA’s decision on anticompetitive agreements in the orthopaedic products sector (Idemus, Ortopagalba, Ortopedijos centras)

42

Lithuania: The Supreme Administrative Court upholds Competition Authority’s Decision in Orthopaedic Products Case* On 17 May 2012, the Supreme Administrative Court of Lithuania (the Supreme Court) definitively upheld the decision of the Competition Council of the Republic of Lithuania (CC) of (...)

Article from European Competition Network Brief The Hungarian Competition Authority fines undertakings for market-sharing in the railway sector (MÁV Magyar Államvasutak, Rail Cargo Hungaria, Győr-Sopron-Ebenfurti Vasút)

67

Hungary: Fines imposed on Cartel in Rail Freight Transport Market* On 27 April 2012, the Hungarian Competition Authority (Gazdasági Versenyhivatal (GVH)) adopted a decision against MÁV Magyar Államvasutak Zrt. (MÁV), MÁV Cargo Árufuvarozási Zrt., currently called: Rail Cargo Hungaria Zrt. (RCH), and (...)

Article from European Competition Network Brief The Lithuanian Supreme Administrative Court upholds Competition Authority’s decision on an agreement in the insurance sector (Lietuvos draudimas, DK PZU Lietuva)

103

Lithuania: The Supreme Administrative Court upholds Competition Authority’s Decision in Insurance Case* On 20 April 2012, the Supreme Administrative Court of Lithuania (the Supreme Court) definitively upheld the decision of the Competition Council of the Republic of Lithuania (CC) of 23 (...)

Article from European Competition Network Brief The UK OFT fines leading airlines for anti-competitive practices in relation to the pricing of passenger fuel surcharges (British Airways / Virgin Atlantic Airways)

99

United Kingdom: British Airways to pay £ 58 500 000 (approximately € 71 515 000) Penalty in OFT Fuel Surcharge Decision* On 19 April 2012, the Office of Fair Trading announced its decision that British Airways (BA) and Virgin Atlantic Airways (VAA) engaged in anti-competitive practices in (...)

Article from European Competition Network Brief The French Competition Authority publishes its provisional findings in automotive aftermarkets sector inquiry and consults stakeholders

71

France: The Autorité de la Concurrence publishes its provisional Findings in Automotive Aftermarkets Sector Inquiry and consults Stakeholders* On 11 April 2012, the Autorité made its initial findings public in order to allow all players to submit their comments, before issuing its final Opinion, (...)

Article from European Competition Network Brief The French Competition Authority fines three leading companies in dog and cat food sector (Nestlé, Mars, Colgate-Palmolive)

703

France: The Autorité de la concurrence fines three leading Companies in Dog and Cat Food Sector * On 20 March 2012, the Autorité de la concurrence (the Autorité) fined the Nestlé, Mars Incorporated, Colgate-Palmolive Groups and their respective specialist subsidiaries Nestlé Purina Petcare France, (...)

Article from European Competition Network Brief The German Competition Authority concludes cartel proceedings against chemical wholesalers (A. + E. Fischer Chemie, Wiesbaden; Bergchemie J. C. Bröcking & Co.)

86

Germany: The Bundeskartellamt concludes Cartel Proceedings against Chemical Wholesalers - Fines totalling € 8 700 000 imposed on 13 further Companies * On 15 March 2012, the Bundeskartellamt (BKartA) imposed fines totalling € 8 700 000 on 13 companies in the chemical wholesale sector on account (...)

Article from European Competition Network Brief The Finnish Ministry of Economy sets up a steering group to investigate the possibility of merging the national Competition Authority and the Consumer Agency

27

Finland: Steering Group to assess Possibility of Merger between Finnish Competition and Consumer Authorities * The Finnish Ministry of Employment and the Economy (the Ministry) announced in March 2012 that it will set up a steering group to investigate the possibility of merging the Finnish (...)

Article from European Competition Network Brief The Spanish Competition Authority publishes report on bill to create a new regulatory body (National Markets and Competition Commission)

20

Spain: The Comisión Nacional de la Competencia (CNC) publishes Report on Bill to create National Markets and Competition Commission* In its meeting on 15 March 2012, the CNC Council adopted its Report on the Bill to Create the National Markets and Competition Commission (CNMC). The CNC takes (...)

Article from European Competition Network Brief The French Competition Authority fines French and German millers for several anticompetitive practices (France Farine, Bach Mülhe)

95

France: The Autorité de la concurrence fines French and German Millers for several anticompetitive Practices foreclosing French Packaged Flour Market* On 13 March 2012, the Autorité de la concurrence (the Autorité) established the existence of a cartel between French and German millers whereby (...)

Article from European Competition Network Brief The Danish Competition Council decides that it has no grounds for action concerning a horizontal production agreement between mobile operators (Telia Denmark, Telenor)

204

Denmark: Network Sharing Agreement in Danish Mobile Telecommunications Sector* On 29 February 2012, the Danish Competition Council (DCC) decided that it had no grounds for action in a case concerning a horizontal production agreement between the mobile operators Telia Denmark and Telenor A/S. (...)

Article from European Competition Network Brief The Greek Competition Authority imposes fine for abuse of dominant position and anti-competitive practices in the salty snacks market (Food Tasty)

159

Greece: The Competition Commission imposes Fine for Infringements of Articles 1 and 2 of Law 703/1977 as well as of Articles 101 and 102 TFEU in Salty Snacks Market * In its Decision No. 520/IV/2011 (published on 14 February 2012), the Grand Chamber of the Hellenic Competition Commission (HCC) (...)

Article from European Competition Network Brief The French Competition Authority publishes framework document on competition compliance programmes and notice regarding its antitrust settlement procedure

156

France: The Autorité de la concurrence publishes Framework Document on Competition Compliance Programmes and Notice regarding its Antitrust Settlement Procedure* Following a two-month public consultation, the Autorité de la concurrence (the Autorité) published on 10 February 2012 a framework (...)

Article from European Competition Network Brief The Hungarian Supreme Court confirms the Competition Authority decision on the road construction cartel (Strabag, Hidépit, Betonut, EGUT)

166

Hungary: Road Construction Cartel Decision confirmed by the Curia* On 6 February 2012, the Curia of Hungary (Curia, previously known as the Supreme Court of Hungary) upheld the 2004 decision of the Gazdasági Versenyhivatal (GVH - Hungarian Competition Authority) – which found that the road (...)

Article from European Competition Network Brief The Portugal Competition Authority issues recommendation to mobile operators on prices of call origination to special services and non-geographic numbers (TMN, Vodafone, Optimus)

52

Portugal: The Competition Authority issues Recommendation to Mobile Operators on Prices of Call Origination to Special Services and non-geographic Numbers* On 3 February 2012, the Portuguese Competition Authority (PCA) published a Recommendation No. 1/2012 addressed to the three national (...)

Article from European Competition Network Brief The French Supreme Court confirms its interpretation of the effect on trade concept (France Telecom and Orange Caraïbes)

203

France: The French Supreme Court confirms the Autorité’s Interpretation of the Effect on Trade Concept* On 9 December 2009, the Autorité de la concurrence (the Autorité) fined France Télécom and its local subsidiary, Orange Caraïbes, for a series of exclusionary practices in the overseas departments (...)

Article from European Competition Network Brief The Danish Competition Authority decides not to adopt a formal decision in a case concerning a refusal to supply by the Copenhagen airport (Kobenhavns Lufthavne)

56

Denmark: Aviation Legislation prevents Competition in Copenhagen Airport* The Danish Competition and Consumer Authority (DCCA) considers that Copenhagen Airport (CPH) limits competition when it refuses to give a new, competing terminal operator access to the airport. However the Danish (...)

Article from European Competition Network Brief The German Competition Authority accepts commitments offered by two sports leagues concerning the joint award of media rights (League Association, German Football League)

173

Germany: Green Light for current Marketing Model of Football League Media Rights * On 17 April 2012, the award procedure for the media rights of the 1st and 2nd German football leagues has been concluded. On 12 January 2012, the Bundeskartellamt (BKartA) accepted the commitments offered by (...)

Article from European Competition Network Brief The Norwegian Ministry of Government Administration, Reform and Church affairs amends the regulation on the calculation of fines for breaches of the anti-trust provisions of the Competition Act (Regulations for antitrust infringements)

75

Norway: New Fining Regulations for Antitrust Infringements* The Norwegian Ministry of Government Administration, Reform and Church Affairs amended in December 2011 the Regulation on the calculation of fines for breaches of the anti-trust provisions of the Competition Act (the Regulation). It (...)

Article from European Competition Network Brief The German Competition Authority imposes fines of € 24 000 000 for price agreements on dishwasher detergents (Reckitt Benckiser)

70

Germany: The Bundeskartellamt imposes Fines of € 24 000 000 for Price Agreements on Dishwasher Detergents* On 23 December 2011, the Bundeskartellamt (BKartA) imposed fines amounting to approximately € 24 000 000 on Reckitt Benckiser Deutschland GmbH) (Reckitt Benckiser) in the framework of two (...)

Article from European Competition Network Brief The Danish Competition Council decides on a case concerning the application by Copenhagen airport of dissimilar conditions to equivalent transactions (CPH Go)

132

Denmark: Terms of Use for Low Cost Facility at Copenhagen Airport found Discriminatory* On 21 December 2011, the Danish Competition Council decided on a case concerning the application by Copenhagen airport of dissimilar conditions to equivalent transactions. The case regards the Danish (...)

Article from European Competition Network Brief The Romanian Competition Authority fines six oil companies for a total of € 200 000 000 for their participation to a cartel (OMV Petrom)

110

Romania: The Competition Council imposes Fines on six Oil Companies totalling € 200 000 000* On 21 December 2011, the Competition Council imposed fines on the oil companies SC OMV Petrom SA, SC OMV Petrom Marketing SRL, SC Lukoil România SRL, SC Rompetrol Downstream SRL, SC Mol Petroleum (...)

Article from European Competition Network Brief The Bulgarian Commission on Protection of Competition adopts guidelines on information sharing between competitors and updates guidelines on competition compliance of legislative acts

58

Bulgaria: The Authority adopts Guidelines on Information Sharing between Competitors and updates Guidelines on Competition Compliance of legislative Acts* On 20 December 2011, the Commission on Protection of Competition (CPC) adopted Guidelines on information sharing between competitors. On (...)

Article from European Competition Network Brief The Spanish Competition Authority imposes fines on associations of producers and traders of fruits and vegetables (COAG Almería, ASAJA Almería and Alhondigas)

77

Spain: The Comisión Nacional de la Competencia (CNC) imposes Fines on Associations of Producers and Traders of Fruits and Vegetables* In a resolution adopted on 14 December 2011, the CNC Council decided that COAG-Almería, ASAJA- Almería and ALHÓNDIGAS, associations of producers and traders of (...)

Article from European Competition Network Brief The Lithuanian Competition Council fines ship agency companies and the shipbrokers and agents association for concluding prohibited agreement in the market of ship agency services (Lithuanian Shipbrokers and Agents Association)

140

Lithuania: Competition Council imposes Fines totalling € 3 383 891 on Ship Agency Companies and the Lithuanian Shipbrokers and Agents Association* On 8 December 2011, the Lithuanian Competition Council (CC) fined 32 ship agency companies and the Lithuanian Shipbrokers and Agents Association for (...)

Article from European Competition Network Brief The French Competition Authority detects cartel of world four major detergent manufacturers and imposes fines amounting to € 368 000 000 (Unilever, Procter & Gamble, Henkel and Colgate Palmolive)

191

France: Thanks to its Leniency Programme, the Autorité de la concurrence detects Cartel of World four major Detergent Manufacturers and imposes Fines amounting to € 368 000 000* On 8 December 2011, the Autorité de la concurrence (the Autorité) established the existence of a cartel between the four (...)

Article from European Competition Network Brief The European Commission fines producers of refrigeration compressors € 161 million in fifth cartel settlement (Producers of household and commercial refrigeration compressors)

129

European Commission fines Producers of Refrigeration Compressors €161 million in fifth Cartel Settlement* On 7 December 2011, the European Commission has settled a cartel with producers of household and commercial refrigeration compressors that covered the whole European Economic Area (EEA). (...)

Article from European Competition Network Brief The Spanish Competition Authority imposes fines on cartel of manufacturers and traders of fruits and vegetables containers (Infia, Linpac Ilpa and Veripack)

108

Spain: The Comisión Nacional de la Competencia (CNC) imposes Fines on Cartel of Manufacturers and Traders of Fruits and Vegetables Containers* In its Resolution of 2 December 2011, the CNC Council ruled that it was established that INFIA, S.r.l. (INFIA) jointly and severally with its parent (...)

Article from European Competition Network Brief A Swedish Court orders a telecoms operator to pay a fine of approximately € 15 000 000 for infringing art. 102 TFEU (Telia Sonera)

54

Sweden: The Stockholm City Court orders Telia Sonera to pay a Fine of approximately € 15 000 000 for infringing Article 102 TFEU* On 2 December 2011, the Stockholm City Court (the City Court) ordered Telia Sonera Sverige AB (Telia Sonera) to pay an administrative fine amounting to SEK 144 000 (...)

Article from European Competition Network Brief The Polish Office of Competition and Consumer Protection breaks cartel of mobile operators (Polkomtel, Polska Telefonia Cyfrowa, PTK Centertel and P4)

173

Poland: UOKiK breaks Cartel of Mobile Operators* In December 2011, the decision of the Office of Competition and Consumer Protection (UOKiK) of 23 November in which it found that Poland’s biggest mobile telephony operators – Polkomtel, Polska Telefonia Cyfrowa, PTK Centertel and P4 – engaged in (...)

Article from European Competition Network Brief The Dutch Competition Authority imposes fines on ship-generated waste collection cartel (Odfjell Terminals Maritiem, International Slop Disposal and Ships Waste Oil Collector)

124

The Netherlands: Competition Authority imposes Fines of almost € 3 000 000 on Ship- Generated Waste Collection Cartel* On 21 November 2011, the NMa imposed fines totalling more than € 2 900 000, on three ship-generated waste collection companies based in the Dutch ports of Rotterdam, Schiedam, (...)

Article from European Competition Network Brief The Dutch Competition Authority imposes fines of almost €3 000 000 on ship generated waste collection cartel (Odfjell Terminals Maritiem, International Slop Disposal, Ships Waste Oil Collector)

91

The Netherlands: Competition Authority (NMa) imposes Fines of almost € 3 000 000 on Ship- Generated Waste Collection Cartel* On 21 November 2011, the NMa imposed fines totalling more than € 2 900 000, on three ship-generated waste collection companies based in the Dutch ports of Rotterdam, (...)

Article from European Competition Network Brief The Romanian Competition Council submits for public consultation the commitments proposals drafted by three telecom distributors (Payzone, PayPoint Sercices and PayUp)

147

Romania: Public Consultation on Commitments submitted by Orange Romania and its Distributors* On 2 November 2011, the public consultation launched by the Competition Council (RCC) on the commitments submitted by Orange Romania was closed. The commitments were offered in a case regarding an (...)

Article from European Competition Network Brief The Danish Competition Council adopts commitment decision in order to prevent competition restrictions in the market for the installation of automatic sprinkler systems (Industry guideline on automatic sprinkler systems)

79

Denmark: Commitments to modify Industry Guideline on automatic Sprinkler Systems* On 26 October 2011, the Danish Competition Council (DCC) adopted a commitment decision pursuant to Section 16a of the Danish Competition Act, in order to prevent competition restrictions in the Danish market for (...)

Article from European Competition Network Brief The Luxembourg Parliament adopts a new competition act which modifies the institutional framework on competition law (New competition law)

53

Luxembourg: In-depth Reform of Competition Law* The new law on Competition of 23 October 2011 significantly modifies the institutional framework on competition law. As a consequence, the Competition Inspectorate, a service of the Ministry of the Economy and Foreign Trade, which is responsible (...)

Article from European Competition Network Brief The French Competition Authority launches public consultations on its approach to compliance programmes and guidelines on settlements (Compliance Programmes and Guidelines on Settlements)

106

France: Autorité de la concurrence launches Public Consultations on its Approach to Compliance Programmes and Guidelines on Settlements* On 14 October 2011, the Autorité de la concurrence (‘the Autorité’) launched a two-month public consultation on a draft framework document on compliance (...)

Article from European Competition Network Brief The Spanish Competition Commission publishes report on relations between manufacturers and retailers in food sector (Manufacturers and Retailers in Food Sector)

130

Spain: National Competition Commission publishes Report on Relations between Manufacturers and Retailers in Food Sector* The National Competition Commission (CNC) published on 13 October 2011 a report on the relations between manufacturers and retailers in the food sector. The report, which (...)

Article from European Competition Network Brief The Antimonopoly Office of the Slovak Republic finalises report analysing the problems in the railway transport services sector (Railway transport services)

316

Slovakia: Sectoral Report on Railway Services’ Competition Problems* On 1 October 2011, the Antimonopoly Office of the Slovak Republic (the Office) finalised its report analysing the problems in the railway transport services sector from a competition point of view. The document describes the (...)

Article from European Competition Network Brief The Spanish Antitrust Authority adopts communications on termination of proceedings by commitments and on short-form notification of concentrations

213

Spain: The CNC adopts Communications on Termination of Proceedings by Commitments and on Short-Form Notification of Concentrations* The Spanish antitrust authority, the Comisión Nacional de la Competencia (CNC) has approved two Communications on 28 September 2011. The first Communication on (...)

Article from European Competition Network Brief The Italian Competition Authority imposes fines totalling € 13 000 000 for collusive behaviour in public procurement in heathcare services (Healthcare liability coverage)

154

Italy: Insurance Companies fined for collusive Behaviour in Public Procurement in Healthcare Services in Campania* On 28 September 2011, the ICA decided to fine three insurance companies and a multifirm insurance agency representing the insurance companies in tendering selections for a (...)

Article from European Competition Network Brief The UK OFT issues recommendations designed to encourage increased competition and greater efficiency in the treatment of organic waste

170

United Kingdom: Change needed to encourage Competition in Organic Waste Treatment* On 22 September 2011, following a market study, the OFT issued recommendations designed to encourage increased competition and greater efficiency in the treatment of organic waste. In its market study into the (...)

Article from European Competition Network Brief The Irish Government approves legislation to eliminate restrictions on family doctors wishing to treat public patients (General Medical Practitioners)

147

Ireland: Government approves Legislation to eliminate Restrictions on Family Doctors wishing to treat Public Patients* On 14 September 2011, the Irish Government has approved the drafting of a Bill which will remove restrictions on Family Doctors (called General Medical Practitioners (GPs)) (...)

Article from European Competition Network Brief The Lisbon Commercial Court confirms the Competition Authority’s decision prohibiting a retail price maintenance agreement regarding equipment used in hospital pharmacies with a reduction of the fines (Hospitals’ Public Tenders)

440

Portugal: The Lisbon Commercial Court confirms Competition Authority’s Decision on RPM affecting Hospitals’ Public Tenders* On 12 September 2011, the Lisbon Commercial Court (the Court) confirmed the Portugal Competition Authority’s (PCA) decision prohibiting a retail price maintenance (RPM) (...)

Article from European Competition Network Brief The UK OFT publishes its market study into aggregates, cement and ready-mix concrete and proposes to refer the sectors to the Competition Commission

290

United Kingdom: OFT proposes Competition Commission Investigation of Aggregates, Cement and Ready-Mix Concrete Markets* On 16 August 2011, the OFT published its market study into aggregates, cement and ready-mix concrete. It proposes to refer the sectors to the Competition Commission for more (...)

Article from European Competition Network Brief The German competition authority imposes multi-million fines for hardcore cartel in the concrete pipe sector (Berding and Betonwerk Bieren)

251

Germany: The Bundeskartellamt imposes multi-million Fines for hard-core Cartel in the Concrete Pipe Sector* On 10 August 2011, the Bundeskartellamt (BKartA) imposed fines totalling € 11 860 000 on two manufacturers of concrete pipes and five individuals. The undertakings concerned are Berding (...)

Article from European Competition Network Brief The German Competition Authority imposes a fine of € 17 500 000 for a cartel agreement concerning turntable ladders for fire engines (Iveco Magirus, Metz Aerials, Rosenbauer)

242

Germany: Cartel Agreement concerning Turntable Ladders for Fire Engines fined with € 17 500 000* On 27 July 2011, the Bundeskartellamt (BKartA) has imposed a fine of € 17 500 000 against Iveco Magirus Brandschutztechnik GmbH for its involvement in anti-competitive agreements on the manufacture (...)

Article from European Competition Network Brief The Italian Competition Authority sanctions suppliers of magnetic resonance equipment with fines totalling € 5 500 000 for collusive agreement relating to public tender (Siemens, Philips, Toshiba Medical Systems and Alliance Medica)

268

Italy: The ICA sanctions four Suppliers of Magnetic Resonance Equipment with Fines totalling € 5 500 000 for collusive Agreement relating to Public Tender in the Region of Campania* On 27 July 2011, the Italian Competition Authority (ICA) sanctioned Siemens, Philips, Toshiba Medical Systems and (...)

Article from European Competition Network Brief The Spanish Competition Commission fines a company group in the gas sector for hindering access to the natural gas supply market (Gas Natural Group)

154

Spain: The CNC fines Gas Natural Group for hindering Competition in the Marketing of Natural Gas for end Consumers* In its Resolution of 27 July 2011, the National Competition Commission (CNC) Council found that the practices of some of the subsidiaries of the Gas Natural Group between 2007 (...)

Article from European Competition Network Brief The Bulgarian Competition Authority adopts conclusions from fuel sector inquiry and opens proceedings against four undertakings (Lukoil Bulgaria, OMV Bulgaria, Nafteks Petrol, Rompetrol Bulgaria)

263

Bulgaria: The CPC adopts Conclusions from Fuel Sector Inquiry and opens Proceedings against four Undertakings* Following a sharp increase in the price of fuel purchased by final consumers, in March 2011, the Commission on Protection of Competition (CPC) initiated a sector inquiry into the (...)

Article from European Competition Network Brief The Lithuanian Competition Council accepts commitments by eight pharmaceutical companies after an investigation into possible anticompetitive vertical agreement (Berlin Chemie Menarini Baltic, GlaxoSmithKline Lietuva)

322

Lithuania: The Competition Council accepts Commitments by eight pharmaceutical Companies* On 21 July 2011, the Lithuanian Competition Council (the CC) closed an investigation into possible anticompetitive vertical agreements between producers/suppliers and wholesalers of pharmaceuticals with (...)

Article from European Competition Network Brief The French Competition Authority makes commitments reducing the two main fees associated with payments and withdrawals binding (CB Bank Cards Group)

249

France: The Autorité de la concurrence makes Commitments cutting MIFs on Payment Cards by 20% to 50% binding* On 7 July 2011, the Autorité de la concurrence (the Autorité) made commitments from the Groupement des Cartes Bancaires (the Groupement), which includes over 130 banks, binding whereby (...)

Article from European Competition Network Brief The Polish Competition Authority opens formal proceedings against the leader in crude oil and natural gas production concerning alleged abuse of dominance in gas sector (PGNiG)

201

Poland: UOKiK opens formal Proceedings against PGNiG concerning alleged Abuse of Dominance in Gas Sector* On 4 July 2011, UOKiK opened a formal investigation into allegations that PGNiG had abused its dominant position in the retail market for gas supply, in breach of Article 9 of the Act (...)

Article from European Competition Network Brief The Helsinki Court of Appeals dismisses the appeal of the Finnish composers’ copyright society to annul a decision founding it has abused its dominant position on the market of licensing copyrights (Teosto)

320

Finland: Copyright Management Organization abused its Dominant Position* On 30 June 2011, the Helsinki Court of Appeals dismissed the appeal of the Finnish Composers’ Copyright Society (Teosto) to annul a district court decision where Teosto was found to have abused its dominant position on the (...)

Article from European Competition Network Brief The Italian Competition Authority fines the refusal to share with competitors information essential for renewal of marketing authorization (Bayer Cropscience)

196

Italy: The ICA fines Refusal to share with Competitors Information essential for Renewal of Marketing Authorisation* On 28 June 2011, the Italian Competition Authority (ICA) sanctioned Bayer Cropscience S.r.l. together with Bayer Cropscience AG for a violation of Article 102 TFEU and imposed a (...)

Article from European Competition Network Brief The Spanish Competition Authority fines undertakings involved in the fluid pumps cartel (Spanish association of fluid pump manufacturers)

179

Spain: The CNC fines Undertakings involved in the Fluid Pumps Cartel* In its Resolution of 24 June 2011, the CNC Council decided that it was established that several undertakings active in the fluid pumps sector and the Spanish Association of Fluid Pump Manufacturers (AEFBF) had participated (...)

Article from European Competition Network Brief The European Commission imposes on telecoms operator a fine of € 127 000 000 for abusing its dominant position (Telekomunikacja Polska)

369

European Commission fines Telekomunikacja Polska S.A. € 127 000 000 for Abuse of Dominant Position* On 22 June 2011, the European Commission (the Commission) imposed on telecoms operator Telekomunikacja Polska S.A. (TP) a fine of € 127 000 000 for abusing its dominant position in the Polish (...)

Article from European Competition Network Brief The European Commission launches a public consultation on a draft guidance paper on quantifying harm in actions for damages based on breaches of the EU antitrust rules (Antitrust harm in civil cases)

254

European Commission: Public Consultation on a draft Guidance Paper on quantifying Antitrust Harm in civil Cases* On 17 June 2011, DG Competition launched a public consultation on a draft Guidance Paper on “quantifying harm in actions for damages based on breaches of Article 101 or 102 TFEU” (...)

Article from European Competition Network Brief The Italian Antitrust Authority concludes an investigation triggered by a leniency application concerning a cartel in the freight forwarding market (Freight-forwarding agents cartel case)

319

Italy: Fines imposed in Freight-Forwarding Agents Cartel Case* On 15 June 2011, the ICA concluded an investigation triggered by a leniency application concerning a cartel in the freight forwarding market. The ICA ascertained that the main market players had coordinated their commercial (...)

Article from European Competition Network Brief The Swedish Market Court orders the incumbent postal operator to discontinue applying its sorting discount programme subject to a penalty payment (Posten AB, Bring CityMail Sweden)

302

Sweden: Private Enforcement in Postal Sector On 6 June 2011, the Swedish Market Court (the Court) ordered Posten AB (Posten) to discontinue applying its sorting discount programme subject to a penalty payment of SEK 100 000 000 (€ 9 160 000). The case came before the Court as a private (...)

Article from European Competition Network Brief The Bulgarian Commission for the Protection of Competition proposes amendments to existing legislation regulating provision of textbooks free of charge

186

Bulgaria: The Commission for the Protection of Competition (CPC) proposes Amendments to existing Legislation regulating Provision of Textbooks free of Charge* On 2 June 2011, the Commission on Protection of Competition (CPC) adopted an opinion on the Ordinance No. 5/2003 on the evaluation and (...)

Article from European Competition Network Brief The Danish Competition Council holds that customer sharing redistribution of unadressed mail infringe section 6 of the Danish Competition Act and Art. 101 TFEU (Mediabroker, Carat Danmark, Initiative Universal Media and MediaPrint, Danmark)

309

Denmark: Parallel Customer sharing Agreements in Redistribution of Unadressed Mail between Mediacenter Danmark, and Mediabroker, Carat, IUM, and OMD* On 25 May 2011, the Danish Competition Council (DCC) issued a decision concerning four horizontal and separate, yet parallel, customer sharing (...)

Article from European Competition Network Brief The Supreme Court of the Slovak Republic upholds the Regional Court’s judgment which annuled a decision imposing fines on three banks (Banking cartel)

301

Slovakia: Judicial Review of Banking Cartel Case* On 19 May 2011, the Supreme Court of the Slovak Republic (the Supreme Court) upheld one of the judgments adopted by Regional Court in Bratislava which annuled the decision of the Antimonopoly Office of the Slovak Republic (the Office) imposing (...)

Article from European Competition Network Brief The Hungarian Competition Authority launches a public consultation on the draft of the merger notification form and on the draft of the informal meetings related to the merger review

59

Hungary: Public Consultation on Review of Merger Control* The Gazdasági Versenyhivatal (GVH - Hungarian Competition Authority) has been consulting the public on the draft Merger Notification Form and on a draft Notice on informal meetings (pre-notification contacts, state of play meetings) (...)

Article from European Competition Network Brief The UK Office of Fair Trading announces next steps in its investigation into the market for external audit services (Audit market investigation)

205

United Kingdom: The Office of Fair Trading (OFT) announces next Steps in Audit Market* The OFT has been concerned for some time that the market for external audit services to large firms in the UK is highly concentrated, with substantial barriers to entry and switching. On 17 May 2011, (...)

Article from European Competition Network Brief The Spanish Competition Commission fines the main electricity companies and sectoral association for price fixing and barriers to entry (Electricity Cartel)

298

"Spain: The National Competition Commission (CNC) fines the main Electricity Companies and Sectoral Association"* The CNC has on 13 May 2011 fined the main electricity companies in Spain, as well as the sectoral association, for having fixed prices and agreed on commercial terms and colluded (...)

Article from European Competition Network Brief The Swedish Competition Authority states that the rules of the automobile sports federation need to be amended (Automobile sports federation)

253

Sweden: More Competition needed in Organization of Motor Racing Events* ”Holders of a racing or steward licence from the Swedish Automobile Sports Federation should be able to compete or be a steward in races organized by clubs that are not affiliated to the Federation. It is therefore (...)

Article from European Competition Network Brief The Regional Court in Brno confirms fine imposed on the national railways company for having abused its dominant position on rail freight transport of large-volume substrates market (Czech Railways Company)

304

Czech Republic: The Regional Court in Brno confirms Fine imposed on Czech Railways Company for Abuse of Dominant Position on Rail Freight Transport of large-volume Substrates Market* On 12 May 2011, the Regional Court in Brno (the Court) upheld the CZK 254 000 000 (approximately € 9 585 000) (...)

Article from European Competition Network Brief The French NCA issues an interim measures decision which orders the incumbent postal operator to confirm the suspension of its agreement with its biggest competitor (La Poste, Mondial Relay)

258

France: The Autorité de la concurrence issues Interim Measures Decision in the Parcel Delivery Sector to confirm the Suspension of Horizontal Agreement between La Poste and its biggest Competitor* On 12 May 2011, the Autorité de la concurrence (the Autorité) issued an interim measures decision (...)

Article from European Competition Network Brief The Romanian Competition Council publishes its report on the inquiry into the wholesale market of pharmaceuticals (Wholesale market of pharmaceuticals)

310

Romania: Sector Inquiry Report on the Wholesale of Pharmaceuticals* In May 2011, the Romanian Competition Council (the RCC) published its report on the inquiry into the wholesale market of pharmaceuticals. The RCC opened the sector inquiry into the wholesale market of pharmaceuticals as a (...)

Article from European Competition Network Brief The EU Court of Justice clarifies powers of Competition Authorities enforcing EU competition rules under EC Reg. 1/2003 in a telecom case (Tele2 Polska)

297

European Courts: ECJ clarifies Powers of National Competition Authorities enforcing EU Competition Rules* On 3 May 2011, the Court of Justice of the European Union gave judgment in the Tele2 Polska case concerning the interpretation of Article 5 of Council Regulation (EC) 1/2003. The Court (...)

Article from European Competition Network Brief The Netherlands Competition Authority starts an investigation into the structure of the mortgage market and the pricing behaviour of mortgage lenders (Mortgage Market)

225

The Netherlands: Sector Inquiry into Mortgage Market shows Decline in Margins back to pre- financial Crisis Level* In August 2010, the Netherlands Competition Authority (NMa) started an investigation into the structure of the Dutch mortgage market and the pricing behaviour of mortgage lenders. (...)

Article from European Competition Network Brief The Spanish Competition Commission imposes fines on various organisations of mussel producers in Galicia (Organisations of mussel producers)

286

Spain: The National Competition Commission (CNC) fines Organisations of Mussel Producers in Galicia* On 29 April 2011, the CNC adopted a Resolution finding that several mussel producers organisations in Galicia are responsible for an infringement of Article 1 of the Spanish Competition Act and (...)

Article from European Competition Network Brief The Lithuanian Parliament adopts amendments to competition law introducing restriction of professional activities for head of undertaking infringing antitrust rules

284

Lithuania: Amendment to Law on Competition introduces Restriction of Professional Activities for Head of Undertaking infringing Antitrust Rules* On 21 April 2011, the Seimas (the Parliament) of the Republic of Lithuania adopted by a majority vote some amendments to the national Law on (...)

Article from European Competition Network Brief The Greek Parliament adopts a new Competition Act aiming at both increasing institutional effectiveness and promoting harmonization at European level

409

Greece: New Greek Competition Act enters into force* The new law (Law 3959/20.4.2011) (the new Act) which was adopted on 15 April and entered into force on 20 April 2011, aims at increasing the effectiveness of the Hellenic Competition Commission (HCC - the Authority), while further promoting (...)

Article from European Competition Network Brief The Lithuanian Court of first instance upholds Competition Authority’s decision fining a company active in the petrol and diesel distribution for abusing its dominant position (Orlen Lietuva)

1388

Lithuania: The Vilnius Regional Administrative Court upholds Competition Authority’s Decision on Abuse of Dominance by AB Orlen Lietuva (former AB Mažeikių Nafta)* On 15 April 2011, the Vilnius Regional Administrative Court (Court of first instance) upheld the decision ofthe Competition Council (...)

Article from European Competition Network Brief The European Commission settles a cartel in the washing powder industry fining two of the three participating companies and granting full immunity to the first informing about price coordination and other market stabilization strategies adopted (Procter & Gamble, Unilever, Henkel)

381

European Commission: Settlement Decision adopted in Washing Powder Cartel* On 13 April 2011, the European Commission adopted a decision settling a cartel case involving major European producers of washing powder: Procter & Gamble, Unilever and Henkel. This is the third cartel settlement in (...)

Article from European Competition Network Brief The Italian Competition Authority makes binding commitments of a gambling operator concerning an alleged abuse of dominant position on the games and betting market (SISAL)

383

Italy: The Antitrust Authority (ICA) accepts Commitments by SISAL S.p.A. in the Italian Games and Betting market* On 13 April 2011, the ICA accepted the binding commitments proposed by SISAL S.p.A. (SISAL) which will facilitate the access by competitors to the on-line bet-collection market. (...)

Article from European Competition Network Brief The UK Office of Fair Trading finds that a medicine producer abuses its dominant position and imposes a fine of £ 10 200 000 (Reckitt Benckiser)

362

United Kingdom: The Office of Fair Trading (OFT) Issues Decision in Reckitt Benckiser Case* On 13 April 2011, the Office of Fair Trading (OFT) issued a decision which found that Reckitt Benckiser abused its dominant position by withdrawing National Health Service packs of its Gaviscon Original (...)

Article from European Competition Network Brief The French Competition Authority publishes market-tested commitments proposed by the French CB bank card association in order to resolve antitrust concerns on multilateral interchange fees (Groupement des Cartes Bancaires)

387

France: The Autorité de la Concurrence market-tests Commitments on MIFs, including on Debit and Credit Cards* Following a complaint made by two professional associations of merchants and retailers against ultilateral interchange fees (MIFs)used in the various payment systems in France, the (...)

Article from European Competition Network Brief The Belgium Competition Authority launches a study on the price differences in processed food in Belgium and the Netherlands (Belgian Supermarkets)

81

Belgium: Belgian Supermarkets are 10% more expensive than Dutch Supermarkets* In April 2011, the Minister for Economics asked the Belgian Competition Authority (Competition Authority) to study the price differences between goods sold in Belgian and Dutch supermarkets, and to suggest action to (...)

Article from European Competition Network Brief The Italian Competition Authority launches an inquiry into the motor fuel sector focusing on elements fostering competition in the market of "white pumps"

311

Italy: The Italian Competition Authority launches Inquiry into the Motor Fuel Sector* On 23 March 2011, the Italian Competition Authority (ICA) launched an inquiry into the Italian motor fuel sector. The sector inquiry will investigate the general structure and organisation of the Italian (...)

Article from European Competition Network Brief The German Bunsdekartellamt imposes € 38 M fine on three consumer goods manufacturers for illegal exchange of competition relevant information concerning the state of negotiations with major retailers and prices increases (Kraft Food, Unilever, Dr. August Oetker)

411

Germany: Multi-million Fines imposed on Manufacturers of Consumer Goods* On 17 March 2011, the Bundeskartellamt (BKartA) imposed fines totalling € 38 000 000 on three manufacturers of consumer goods on account of the illegal exchange of competition relevant information infringing German and (...)

Article from European Competition Network Brief A Dutch High Court upholds the national competition authority’s decision lowering fines on shrimp wholesalers and fisheries for infringement of national and European cartel provisions

237

The Netherlands: The Highest Dutch Court in Antitrust Cases upholds Decision on Shrimp Cartel* Dutch traders and Dutch, German and Danish producers’ organizations representing shrimp fishers must pay fines, totalling more than € 4 400 000, for infringing the European and national provisions (...)

Article from European Competition Network Brief The Italian Competition Authority closes an investigation into the national consortium for the recovery and recycling of cellulose-based packaging for alleged infringement of Art. 101 TFEU accepting the commitments proposed to fix antitrust concerns (COMIECO)

317

Italy: The Italian Competition Authority (ICA) accepts Commitments and closes Investigation regarding Waste Paper Consortium COMIECO* On 16 March 2011, the Italian Competition Authority (ICA) closed proceedings based on an alleged violation of Article 101 TFEU against COMIECO, a consortium of (...)

Article from European Competition Network Brief The Italian Competition Authority issues an opinion on the potential anticompetitive effect of a draft bill concerning the purchase of biological medicines by public procurement (DDL n. 1875/2011)

1644

Italy: The Competition Authority’s (ICA’s) Opinion on the Public Procurement Discipline for Biopharmaceutical Products* On 16 March 2011, the ICA addressed to the Italian government an opinion on the potential anticompetitive effect of a draft bill concerning the purchase of biological medicines (...)

Article from European Competition Network Brief The Bulgarian Competition Authority adopts new leniency programme ensuring greater transparency on granting immunity or fines reduction

286

Bulgaria: The Competition Authority adopts New Leniency Programme On 8 March 2011, the Commission on Protection of Competition (CPC) adopted a new Leniency Programme, which ensures greater transparency of the CPC’s policy for granting immunity or a reduction of fines for an undertaking having (...)

Article from European Competition Network Brief The French Competition Authority issues its first opinion on the telecom sector, taking into account the European Commission’s recommendation concerning competitive aspects of wholesale broadband internet services

269

France: The Autorité de la concurrence issues its first Opinion on the Telecom Sector, taking into account the recently published European Commission’s NGA Recommendation* On 8 March 2011, following a request by the French telecom sector regulator (ARCEP), the Autorité de la concurrence (the (...)

Article from European Competition Network Brief The Dutch Competition Authority issues its conclusions on the national textbook market underlining that competition between distributors and publishers of secondary-education textbooks is limited

286

The Netherlands: Textbook Scan on Dutch Market* Competition between distributors and publishers of secondary-education textbooks is limited, thereby preventing the Dutch textbook market from functioning optimally. This has been the conclusion of the 2011 Textbook Scan carried out by the (...)

Article from European Competition Network Brief The UK Office of Fair Trading announces the trial of a new adjudicator role to resolve disputes on procedural issues to speed up investigations under the Competition Act 1998

219

United Kingdom: Trialling of Procedural Adjudicator at the Office of Fair Trading (OFT)* Alongside its procedural guidance, the OFT also announced the trial of a new adjudicator role to resolve disputes on procedural issues, as part of a drive to speed up investigations under the Competition (...)

Article from European Competition Network Brief The Finnish Competition Authority investigates on the district heating sector to understand whether prices applied by involved companies are abusive

256

Finland: Study concerning the District Heating Sector* On 1 March 2011, the Finnish Competition Authority (FCA) finished the first stage of its investigations concerning the district heating sector. The aim of the study is to form an opinion of whether the pricing of the companies involved (...)

Article from European Competition Network Brief The UK Office of Fair Trading issues statement of objections alleging abuse of dominance in the bunker fuel cards industry (CH Jones)

8

United Kingdom: The Office of Fair Trading (OFT) issues Statement of Objections alleging Abuse of Dominance by Bunker Fuel Firm* On 25 February 2011, the OFT issued a Statement of Objections alleging that CH Jones abused its dominant position in the market for the provision of bunker fuel card (...)

Article from European Competition Network Brief The Spanish NCC imposes a fine for abuse of dominance on an IPs’ collecting society charging unfair and discriminatory prices on TV broadcaster (Artistas Intérpretes o Ejecutantes)

21

Spain: The CNC’ Council fines AIE, Intellectual Property Rights’ Collecting Society* On 23 February 2011, the Council of the National Competition Commission (CNC) imposed a fine of € 532 686 on Artistas Intérpretes o jecutantes, Sociedad de Gestión de España (AIE) for an infringement of Article 2 (...)

Article from European Competition Network Brief The Swedish Competition Authority welcomes the EU Court of Justice preliminary ruling on "margin squeeze" as a stand alone antitrust abuse in the telecom sector (TeliaSonera)

35

Sweden: The Competition Authority welcomes ECJ Judgment on Competition in the Telecom Sector* The Swedish Competition Authority (the Authority) welcomes the Judgment of the European Court of Justice (ECJ) of 17 February 2011 in the case C-52/09, Konkurrensverket against TeliaSonera Sverige AB. (...)

Article from European Competition Network Brief The Spanish Competition Commission approves a report on the draft Royal Decree regulating the recognition of producers’ organisations and interbranch organisations and establishing contractual conditions in the milk sector

9

Spain: The CNC’s Report on the Draft Royal Decree regulating the Recognition of Producers’ Organisations and Interbranch Organisations and establishing Contractual Conditions in the Milk Sector* The Council of the National Competition Commission (CNC), in a meeting held on 16 February 2011, (...)

Article from European Competition Network Brief The European Commission launches a public consultation aimed at identifying common principles for a coherent European approach to collective redress

19

* Article published in ECN Brief 01/2011. The original title of this article appears below the e-Competitions title. Please note that the ECN is not the actual "author" of this case summary, but the mere source. As mentioned by the ECN : "The information provided by the ECN Brief is for (...)

Article from European Competition Network Brief The Dutch Competition Authority publishes the conclusions of a study on the anticipatory effects of merger control and cartel enforcement

306

* Article published in ECN Brief 01/2011. The original title of this article appears below the e-Competitions title. Please note that the ECN is not the actual "author" of this case summary, but the mere source. As mentioned by the ECN : "The information provided by the ECN Brief is for (...)

Article from European Competition Network Brief The Lithuanian Competition Council imposes fines totalling € 854 205 on producers of orthopedic products and their association (Actualis, Idemus, Ortobatas)

365

* Article published in ECN Brief 01/2011. The original title of this article appears below the e-Competitions title. Please note that the ECN is not the actual "author" of this case summary, but the mere source. As mentioned by the ECN : "The information provided by the ECN Brief is for (...)

Article from European Competition Network Brief The Bulgarian Commission for the Protection of Competition adopts a decision for block exemption of certain categories of agreements from the prohibition under Art. 15 LPC

430

Bulgaria: The Commission for the Protection of Competition (CPC) adopts a Decision for Block Exemption of certain Categories of Agreements from the Prohibition under Article 15 LPC* On 20 January 2011, the CPC adopted a Decision block exempting certain categories of agreements, decisions or (...)

Article from European Competition Network Brief The Spanish Competition Commission opens formal proceedings against three telecommunications operators (Telefónica Móviles, Vodafone and Orange)

374

* Article published in ECN Brief 01/2011. The original title of this article appears below the e-Competitions title. Please note that the ECN is not the actual "author" of this case summary, but the mere source. As mentioned by the ECN : "The information provided by the ECN Brief is for (...)

Article from European Competition Network Brief The Romanian Competition Council adopts guidelines on commitments procedure and launches market test on commitments on the joint selling of commercial rights for football broadcasting (Romanian Football Federation and the Professional Football League)

431

* Article published in ECN Brief 01/2011. The original title of this article appears below the e-Competitions title. Please note that the ECN is not the actual "author" of this case summary, but the mere source. As mentioned by the ECN : "The information provided by the ECN Brief is for (...)

Article from European Competition Network Brief The Dutch Competition Authority fines insulated glass manufacturers’ cartel more than € 17 Million (Koninklijke Saint-Gobain Glass Nederland, Scheuten Glas Nederland, Pilkington Benelux)

381

* Article published in ECN Brief 01/2011. The original title of this article appears below the e-Competitions title. Please note that the ECN is not the actual "author" of this case summary, but the mere source. As mentioned by the ECN : "The information provided by the ECN Brief is for (...)

Article from European Competition Network Brief The Lithuanian Competition Council imposes fines totalling € 153 817 on two insurance companies for the conclusion of a prohibited agreement (Lietuvos draudimas, DK PZU Lietuva)

373

* Article published in ECN Brief 01/2011. The original title of this article appears below the e-Competitions title. Please note that the ECN is not the actual "author" of this case summary, but the mere source. As mentioned by the ECN : "The information provided by the ECN Brief is for (...)

Article from European Competition Network Brief The Hellenic Competition Commission imposes fines on the Technical Chamber of Greece for adopting a "minimum cost for construction projects" (TEE)

359

* Article published in ECN Brief 01/2011. The original title of this article appears below the e-Competitions title. Please note that the ECN is not the actual "author" of this case summary, but the mere source. As mentioned by the ECN : "The information provided by the ECN Brief is for (...)

Article from European Competition Network Brief The Dutch Competition Authority imposes fines totalling more than 81 M€ on cartel in flour industry (Meneba, Ranks, Dossche, Werhahn)

491

* Article published in ECN Brief 01/2011. The original title of this article appears below the e-Competitions title. Please note that the ECN is not the actual "author" of this case summary, but the mere source. As mentioned by the ECN : "The information provided by the ECN Brief is for (...)

Article from European Competition Network Brief The French Competition Authority imposes fines totalling € 55 million for cartel and abuse of a dominant position in the road signs and safety equipment sector (road signs cartel)

607

* Article published in ECN Brief 01/2011. The original title of this article appears below the e-Competitions title. Please note that the ECN is not the actual "author" of this case summary, but the mere source. As mentioned by the ECN : "The information provided by the ECN Brief is for (...)

Article from European Competition Network Brief The Spanish Competition Commission closes monitoring of termination by commitments agreement in interchange fees for transactions by debit and credit cards case (SERVIRED, SISTEMA 4B and EURO 6000)

769

* Article published in ECN Brief 01/2011. The original title of this article appears below the e-Competitions title. Please note that the ECN is not the actual "author" of this case summary, but the mere source. As mentioned by the ECN : "The information provided by the ECN Brief is for (...)

Article from European Competition Network Brief The Swedish Competition Authority follows up previous commitments and decides not to take further action against French global specialist in energy management (Schneider)

393

* Article published in ECN Brief 01/2011. The original title of this article appears below the e-Competitions title. Please note that the ECN is not the actual "author" of this case summary, but the mere source. As mentioned by the ECN : "The information provided by the ECN Brief is for (...)

Article from European Competition Network Brief The German Bundeskartellamt publishes joint guidelines with the German Federal Network Agency on the award of gas and electricity concessions and transfer of network use

351

* Article published in ECN Brief 01/2010. The original title of this article appears below the e-Competitions title. Please note that the ECN is not the actual "author" of this case summary, but the mere source. As mentioned by the ECN : "The information provided by the ECN Brief is for (...)

Article from European Competition Network Brief The Italian Competition Authority fines personal care products cartel (Unilever Italia, Colgate-Palmolive, Procter & Gamble, Reckitt-Benckiser)

1970

* Article published in ECN Brief 01/2011. The original title of this article appears below the e-Competitions title. Please note that the ECN is not the actual "author" of this case summary, but the mere source. As mentioned by the ECN : "The information provided by the ECN Brief is for (...)

Article from European Competition Network Brief The European General Court upholds the European Commission’s 38 M € fine on energy operator for the breach of a seal during an inspection (E.ON)

563

* Article published in ECN Brief 01/2011. The original title of this article appears below the e-Competitions title. Please note that the ECN is not the actual "author" of this case summary, but the mere source. As mentioned by the ECN : "The information provided by the ECN Brief is for (...)

Article from European Competition Network Brief The French Competition Authority issues the results of a sector inquiry into networks of retail distributors and makes policy recommendations

1155

France: The Autorité de la concurrence issues the Results of a Sector Inquiry into Networks of Retail Distributors and makes Policy Recommendations On 7 December 2010, the Autorité de la concurrence adopted the final report of its sector inquiry into networks of retail distributors. On 25 (...)

Article from European Competition Network Brief The German Bundeskartellamt imposes first multi-million fines on chemical wholesalers for six regional cartels (BÜFA Chemikalien, Oldenburg, CG Chemikalien, Laatzen, Hanke & Seidel, Steinhagen)

349

* Article published in ECN Brief 01/2011. The original title of this article appears below the e-Competitions title. Please note that the ECN is not the actual "author" of this case summary, but the mere source. As mentioned by the ECN : "The information provided by the ECN Brief is for (...)

Article from European Competition Network Brief The Danish Competition Council adopts commitment decision to remove a prohibition against resale of ferry tickets for freight (Scandlines)

743

Denmark: Scandlines - Commitments to remove a Prohibition against Resale of Ferry Tickets for Freight On 27 October 2010, the Competition Council adopted a decision which renders legally binding the commitments offered by Scandlines to remove a prohibition against the resale of ferry tickets (...)

Article from European Competition Network Brief The Slovakian Supreme Court upholds the Competition Authority’s decision fining an undertaking’s successor for abuse of its dominant position (ZS Cargo)

502

Slovakia: Supreme Court upholds Competition Authority’s Decision in Cargo Railway Case At an oral hearing held on 26 October 2010, the Supreme Court of the Slovak Republic upheld the decision of the Antimonopoly Office of the Slovak Republic (“AMO”) of 22 December 2006 in the matter Zeleznicna (...)

Article from European Competition Network Brief The Spanish Competition Authority launches investigation into possible anticompetitive practices in the manufacture, distribution and marketing of envelopes, filing materials and other paper products sectors

411

Spain: Competition Authority’s Investigation into the Manufacture, Distribution and Marketing of Envelopes, Filing Materials and other Paper Products On 19 October 2010, inspectors from the National Competition Commission (CNC) carried out inspections at the headquarters of the main (...)

Article from European Competition Network Brief The UK OFT agrees to reduce the fine imposed against a pharmaceutical firm for abuse of its dominant position (Reckitt Benckiser)

520

United Kingdom: Early Resolution Agreement in Reckitt Benckiser Abuse Case On 15 October 2010, the OFT announced that it had agreed to reduce the proposed fine by £ 1,800,000 (about € 1,162,040) to £ 10,200,000 (about € 6,584,893), following Reckitt Benckiser’s admission and decision to co-operate (...)

Article from European Competition Network Brief The German Competition Authority fines two manufacturers of pressroom chemicals for their involvement in anti-competitive agreements (DC Druck Chemie, Felix Böttcher, Helmut Siegel)

503

Germany: Fines imposed on two Companies in the Press room Chemicals Sector On 29 September 2010, the Bundeskartellamt imposed fines amounting to € 660,000 on two manufacturers of pressroom chemicals for their involvement in anti-competitive agreements prohibited by national law and by Article (...)

Article from European Competition Network Brief The UK Competition Authority issues a statement of objections to two banks concerning alleged exchange of confidential information on price (Royal Bank of Scotland, Barclays)

481

United Kingdom: Office of Fair Trading (OFT) proceeds with Loan Pricing Case On 29 September 2010, the OFT issued a Statement of Objections to the Royal Bank of Scotland (RBS) and Barclays in respect of alleged disclosure of confidential and commercially sensitive future pricing information. (...)

Article from European Competition Network Brief The College of Prosecutors of the Belgian Competition Council decides that consumers are competent to ask for interim measures but rejects their request (Telenet)

429

Belgium: The Telenet Case: Consumers and Interim Measures In its decision of 27 September 2010, the competition prosecutor has decided that consumers are competent to ask for interim measures when they are the victim of restrictive practices. The request for interim measures against Telenet (...)

Article from European Competition Network Brief A Slovakian Regional Court annuls Competition Authority’s decision which fined a banking cartel (Ceskoslovenska obchodna banka (CSOB), Slovenska sporitelna (SLSP) and (VUB) Vseobecna uverova banka)

525

Slovakia: Regional Court in Bratislava annuls Authority’s decision in Banking Cartel Following the hearings at the Regional Court of Bratislava (RC BA) on 23 and 28 September 2010, three judgments were adopted in the case of the Antimonopoly Office of the Slovak Republic (AMO) vs. (...)

Article from European Competition Network Brief The Polish Competition Authority issues a report on the directions of development of competition and consumer protection on railway transport markets

498

Poland: Report on the Directions of Development of Competition and Consumer Protection on Railway Transport Markets in Poland On 30 August 2010, the Polish Office of Competition and Consumer Protection (UOKiK) released a Report on the Directions of Development of Competition and Consumer (...)

Article from European Competition Network Brief A US District Court admits the confidentiality of document emanating from the European Commission’s investigation (Visa, MasterCard)

437

European Commission: Recent Developments on Discovery following Amicus Curiae On 27 August 2010, the US District Court of the Eastern District of New York, Judge John Gleeson, on appeal issued an order whereby access by the plaintiffs to a Statement of Objections and to a transcript of an Oral (...)

Article from European Competition Network Brief The Belgian Competition Council condemns a real estate agents’ association for infringing the Belgian and European competition rules by adopting and publishing recommended minimum fees (Professional Institute of Real Estate Agents)

501

Belgium: Minimum tariffs for Real Estate Transactions prohibited On 26 August 2010, the Competition Council decided that the Professional Institute of Real Estate Agents had infringed the Belgian and European competition rules (Article 101 TFEU) by adopting and publishing recommended minimum (...)

Article from European Competition Network Brief The Dutch Competition Authority adopts a new procedure in relation to the inspection and copying of analog and digital data and documents

580

The Netherlands: Competition Authority (NMa) adopts a new Procedure in relation to the Inspection and Copying of Analog and Digital Data and Documents On 17 August 2010, a revised version of the NMa Procedure in relation to the Inspection and Copying of Analog and Digital Data and Documents (...)

Article from European Competition Network Brief The Irish Competition Authority makes recommendations to improve competition amongst family doctors (Competition in Professional Services - General Medical Practitioners)

445

Ireland: Competition Authority makes Recommendations to improve Competition amongst Family Doctors On 9 July 2010, the Irish Competition Authority published the final part of a three-part report into the delivery of primary medical care services in Ireland. It shows that the way in which the (...)

Article from European Competition Network Brief The German Cartel Office accepts commitments from energy suppliers to renounce resale clauses prohibitions (RWE, EWE, RheinEnergie, Wingas, N-Ergie, Stadtwerke Hannover, Erdgas Muenster, Stadtwerke Leipzig, SWM, Entega, Stadtwerke Kiel, Koethen Energie)

660

Germany: Energy Suppliers agree to abandon Resale Prohibitions The Bundeskartellamt has concluded on 7 July 2010 most of its proceedings against gas and electricity suppliers on account of their imposing inadmissible resale bans. Twelve of the major energy suppliers in Germany (RWE, EWE, (...)

Article from European Competition Network Brief The Greek Competition Authority fines an hypermarket chain for restrictive practices in his franchise network (Carrefour Marinopoulos)

290

Greece: Carrefour fined for Restrictive Practices in Greek Franchise Network On 6 July 2010, the Hellenic Competition Commission (HCC) has levied a fine of € 12,500,000 on Carrefour’s Greek business (Carrefour Marinopoulos S.A.) for applying resale-price maintenance among its franchise network (...)

Article from European Competition Network Brief The Italian Competition Authority imposes fine against construction market leader for abuse of dominant position in the plasterboard market (Saint-Gobain Italia)

521

Italy: Competition Authority (ICA) imposes Fine on Saint-Gobain PPC Italia S.P.A. in the Plasterboard Market In its meeting of 30 June 2010, the ICA ruled that Saint Gobain Ppc Italia S.p.A. (Bpb Italia) had engaged in abusive behaviour infringing national and EU competition rules in order to (...)

Article from European Competition Network Brief The Finnish Competition Authority accepts commitments to improve access of independent repairers to access to the technical training programs for Mercedes-Benz vehicles (Veho)

454

Finland: Veho’s Commitments to improve Access of independent Repairers to Training made legally binding On 28 June 2010, Veho Group Oy Ab’s (Veho)’s commitments, which had been accepted by the Finnish Competition Authority (FCA) in its decision of 28 May 2010 in order to improve the independent (...)

Article from European Competition Network Brief The French Competition Authority issues an ex-officio opinion on crossed usage of client databases in the telecommunications sector

476

France: Autorité de la concurrence issues Ex-officio Opinion on Crossed Usage of Client Databases in the Telecommunication Sector On 14 June 2010, the Autorité de la concurrence delivered an opinion on the question of crossed usage of client databases (known as “cross selling” practices), and more (...)

Article from European Competition Network Brief The Danish Competition Appeals Tribunal upholds the Competition Council’s decision prohibiting a TV Broadcaster’s business terms regarding the distribution of two TV channels (Viasat)

416

Denmark: The Danish Competition Appeals Tribunal upholds the Danish Competition Council’s decision prohibiting Viasat’s Business Terms regarding the Distribution of TV 3 and TV 3+ On 8 June 2010, the Danish Competition Appeals Tribunal (CAT) upheld the Danish Competition Council’s (DCC) decision (...)

Article from European Competition Network Brief The Belgian Competition Council fines four undertakings for participating in a cartel in the radiators market (Masco, Quinn, Radson, Caradon)

477

Belgium: Fines imposed on Cartel in the Market for Radiators On 20 May 2010, the Competition Council fined four undertakings for participating in a cartel on the Belgian steel plate radiators market. The investigation of the competition authorities was based on two leniency applications. The (...)

Article from European Competition Network Brief The Spanish Competition Authority opens formal proceedings on anti-competitive practices in the plastic containers for fruit and vegetable packaging sector (INFIA, S.r.l.-Divisione ILIP, AGROENVAS and VERIPACK EMBALAJES)

860

Spain/Italy: The Italian Competition Authority (AGCM) carries out Inspections on behalf and for the account of the Comision Nacional de la Competencia (CNC) On 2 March 2010, inspectors from the CNC have carried out inspections at the head offices of the leading makers and sellers of plastic (...)

Article from European Competition Network Brief The Danish Competition Appeals Tribunal upholds the Danish Competition Council’s decision finding the historical postal operator abused its dominant position by applying loyalty rebate schemes (Post Danmark)

565

Denmark: The Competition Appeals Tribunal upholds the Danish Competition Council’s Decision finding that Post Danmark A/S abused its Dominant Position by applying Loyalty Rebate Schemes On 10 May 2010, the Danish Competition Appeals Tribunal (CAT) issued a ruling upholding the Danish (...)

Article from European Competition Network Brief The Polish Court of Appeals overrules judgment of the Court of Competition and Consumer Protection in the interchange fees case (Visa Europe Limited)

1046

Poland: The Court of Appeals overrules Judgment of the Court of Competition and Consumer Protection in the Interchange Fees Case In its decision of 22 April 2010, the Polish Court of Appeals shared the arguments advanced by the President of the Polish Office of Competition and Consumer (...)

Article from European Competition Network Brief The Bulgarian Supreme Administrative Court obliges the Competition Authority to monitor the work of the telecommunications Regulator (Bulgarian Telecommunication Company)

439

Bulgaria: The Supreme Administrative Court obliges the Competition Authority (CPC) to monitor the Work of the Telecommunications Regulator On 24 March 2010, a five-member panel of the Supreme Administrative Court (SAC) issued a decision which obliges the CPC to start proceedings and to decide (...)

Article from European Competition Network Brief The Polish Supreme Court dismisses a cassation appeal filed by the incumbent telecommunications operator against a decision which condemned it for abusing its dominant position (Telekomunikacja Polska)

404

Poland: UOKiK wins Case against Telekommunikacja Polska before the Supreme Court On 17 March 2010, the Supreme Court dismissed a cassation appeal filed by Telekomunikacja Polska SA (TP SA) - the Polish telecommunications incumbent - against the decision issued on 29 December 2006 by the (...)

Article from European Competition Network Brief The Lithuanian Supreme Administrative Court upholds Competition Authority’s decision on abuse of dominance by an airport operator (Vilnius International Airport - Naftelf)

1558

Lithuania: The Supreme Administrative Court upholds Authority’s Decision on Abuse of Dominance by Vilnius International Airport On 15 March 2010, the Lithuanian Supreme Administrative Court upheld a decision of the Competition Council of 6 November 2008 finding an infringement of Article 9 of (...)

Article from European Competition Network Brief The UK Competition Authority issues a statement of objections for alleged abuse of a dominant position in the pharmaceutical sector (Reckitt Benckiser)

482

United Kingdom: The Office of Fair Trading (OFT) Issues Statement of Objections for Alleged Abuse of a Dominant Position in the Pharmaceutical Sector On 23 February 2010, the OFT issued a Statement of Objections alleging that Reckitt Benckiser abused its dominant position in the market for the (...)

Article from European Competition Network Brief The Austrian Competition Authority files an application for the imposition of fines against a cartel in the freight forwarding sector (Speditions-Sammelladungs-Konferenz)

446

Austria: The Federal Competition Authority (BWB)’s Investigation of the Freight Forwarding Sector: another Cartel uncovered On 18 February 2010, the Federal Competition Authority (BWB) filed an application to the Cartel Court for the imposition of fines against all members of the association (...)

Article from European Competition Network Brief The Italian Competition Authority transmits to the government a document which highlights the need for reforms to ensure the development of competition and consumer protection

458

Italy: “Annual Law for Competition” Pursuant to Article 47 of L. 99/2009, the Italian Government must submit to the Parliament, a draft of the “annual law for competition”. The “annual law for competition” should remove any existing legal or administrative obstacles to the opening of markets and (...)

Article from European Competition Network Brief The Spanish Competition Authority closes an agreement case in the sector of TV following commitments (Telefónica Cable, Sogecable)

422

Spain: The Comisión Nacional de la Competencia (CNC) closes Satellite Pay TV Case following Commitments On 28 January 2010, the CNC Council resolved by means of a commitments decision the formal proceedings in case TRIO PLUS, opened against Telefónica Cable, S.A.U. and Sogecable, S.A. for having (...)

Article from European Competition Network Brief The Czech Competition Authority fines a lignite mining company for implementing anticompetitive agreements containing lignite fuels export bans (SUPN)

485

Czech Republic: Export Bans of Lignite Fuels are anti-competitive The Office for the Protection of Competition (“the Czech NCA”) adopted on 8 January 2010 a decision finding that Sokolovská uhelná, právní nástupce, a.s. (hereinafter referred to as „SUPN“) had infringed the Czech Competition Act and (...)

Article from European Competition Network Brief The Icelandic Competition Authority begins an investigation into the development and formation of prices in food retail sector (Inquiry into food retail sector )

65

Iceland: Competition Authority is investigating Food and Retail Sector* In the fall of 2010, the Competition Authority (the Authority) began an investigation into the development and formation of prices in the food and retail sector due to the fact that prices had significantly risen since the (...)

Article from European Competition Network Brief The Lithuanian Competition Authority closes investigation in retail trade of automobiles and technical maintenance sector following commitments (Honda Motor Europe)

562

Lithuania: The Competition Council (CC) closes Investigation in Retail Trade of Automobiles and Technical Maintenance Sector following Commitments On 24 December 2009, the Lithuanian Competition Council terminated its investigation concerning the compliance of the practices of vehicle traders (...)

Article from European Competition Network Brief The College of Competition Prosecutors of the Belgian Competition Council rejects a complaint about termination rates for international calls against incumbent telecoms operator (BASE / Belgacom)

473

Belgium: Complaint about Termination Rates for International Calls against Belgacom rejected On 24 December 2009, the College of Competition Prosecutors of the Belgian Competition Council rejected a complaint by mobile operator BASE against telecom operator Belgacom (incumbent telecoms (...)

Article from European Competition Network Brief The French Competition Authority issues an opinion on the possible implementation of retail price maintenance scheme for digital books

1025

France: The Autorité de la concurrence recommends not to apply RPM to Digital Books and suggests Contractual Models for Relations between Publishers and Digital Librarians On 18 December 2009, the Autorité de la concurrence (hereafter: the Autorité) delivered its opinion on the possible (...)

Article from European Competition Network Brief The Slovakian Competition authority condemns the three biggest banks in Slovakia for having concluded an agreement restricting competition (VUB, SLSP and CSOB)

526

Slovakia: Cartel in the Banking Sector On 17 December 2009, a decision of the Council of the Antimonopoly Office of the Slovak Republic (hereinafter ‘the Office’) came into force, by which the Council confirmed the first instance decision of the Division of Agreements Restricting Competition. (...)

Article from European Competition Network Brief The Italian Competition Authority accepts commitments proposed by the historical postal operator (Poste Italiane - Aumento Commissione Bollettini C/C)

457

Italy: The Antitrust Authority (ICA) accepts Commitments by Poste Italiane On 16 December 2009, the Italian Competition Authority accepted binding commitments proposed by Poste Italiane during an investigation into a possible abuse of dominant position in the collection and payment services (...)

Article from European Competition Network Brief The Irish Competition Authority publishes report on general medical practitioners and identifies unnecessary restrictions on the supply of family doctors

461

Ireland: The Competition Authority identifies Unnecessary Restrictions on the Supply of Family Doctors and publishes Report on General Medical Practitioners On 16 December 2009, the Irish Competition Authority published the first two parts of a threepart report into the market for primary (...)

Article from European Competition Network Brief The Italian Competition Authority accepts commitments proposed by the historical electric operator and its subsidiaries to put an end to an abuse of dominant position (ENEL)

489

Italy: The Antitrust Authority accepts Binding Commitments by Enel, Enel Distribuzione and Enel Servizio Elettrico On 10 December 2009, the Italian Competition Authority (ICA) accepted binding commitments by ENEL SpA (a holding of the Enel group), ENEL Distribuzione SpA (which manages (...)

Article from European Competition Network Brief The French Competition Authority fines incumbent telecom operator in overseas territories and applies EU case law on presumption of liability of parent companies for the first time (Orange Caribbean)

2204

France: The Autorité fines Incumbant Telecom Operator in the Overseas Territories and applies EU Case-Law on Presumption of Liability of Parent Companies for the first Time On 9 December 2009, the Autorité de la concurrence imposed on Orange Caribbean, the incumbent and leading telecom operator (...)

Article from European Competition Network Brief The Finnish Market Court uphelds Competition Authority decision on fines for timber cartel (Stora Enso, Metsäliitto, UPM-Kymmene)

664

Article published in ECN Brief 02/2010 (click here). The original title of this article appears below the e-Competitions title. Please note that the ECN is not the actual "author" of this case summary, but the mere source. As mentioned by the ECN: "The information provided by the ECN Brief is (...)

Article from European Competition Network Brief The Greek Competition Authority adopts new forms for post-merger notification and registration of agreements both for purposes of mapping the market

482

Greece: New Notice on Enforcement Priorities and Adoption of new Forms On 27 November 2009, the HCC adopted revised Forms for (a) post-merger notification and (b) the registration of agreements, both for purposes of mapping the market (as defined in articles 4a and 21 of Law 703/77 (...)

Article from European Competition Network Brief The Italian Competition Authority launches an investigation into possible anticompetitive agreements involving a trade association and international freight forwarders (Fedespedi)

912

Italy: Antitrust Authority launched an Investigation into possible Agreements restricting Competition involving the Fedespedi Trade Association and 20 international Freight Forwarders On 18 November 2009, the Italian Competition Authority launched an investigation to ascertain the existence of (...)

Article from European Competition Network Brief The Spanish Competition Authority imposes € 120 728 000 fines on insurance companies cartel for price fixing (Insurance Cartel)

495

Spain: La Comisión Nacional de La Competencia (CNC) imposes € 120 728 000 in Fines on Insurance Companies’ Cartel On 12 November 2009, the CNC Council has fined Asefa, Mapfre Empresas/Mapfre Re, Caser, Switzerland/Swiss Re, Scor and Münchener for a cartel agreement to set minimum prices for (...)

Article from European Competition Network Brief The Latvian Competition Authority detects prohibited concerted practices among distributors of a consumer goods electronics company (Samsung)

671

Latvia: Competition Council detects Prohibited Concerted Practices among Distributors of Samsung Home Appliances On 30 October 2009, the Latvian Competition Council (CC) adopted a decision in which it found that concerted practices among five distributors of Samsung appliances infringed (...)

Article from European Competition Network Brief The Paris Court of Appeal confirms the first ever implementation of Art. 22.1 Reg. 1/2003 by the French NCA in the carbureactors case (Chevron Products)

660

France: Paris Court of Appeal confirms the first ever Implementation of Article 22(1) of Regulation 1/2003 by the French Competition Authority On 4 December 2008, the French Competition Authority fined four oil companies € 41 000 000 for colluding in a tender process organized by Air France (...)

Article from European Competition Network Brief The Lithuanian Supreme Administrative Court partly upholds the Competition Authority decision which fines members of paper cartel (Schneidersöhne Baltija)

1080

Lithuania: Supreme Court partly upholds Authority Decision in Paper Case On 16 October 2009, the Lithuanian Supreme Administrative Court partly upheld a decision of the Competition Council of 26 October 2006 finding an infringement of Article 5 of the Lithuanian Law on Competition and of (...)

Article from European Competition Network Brief The Danish Competition Authority prohibits a TV broadcaster and satellite distributor’s business terms regarding distribution of two TV-channels (Viasat)

479

Denmark: Authority prohibits Viasat’s Business Terms Regarding Distribution of TV 3 and TV 3 The Danish Competition Council (DCC) adopted on 30 September 2009 a decision finding that Viasat’s business terms, regarding distribution of the TV-channels TV 3 and TV 3+ in cable networks infringe (...)

Article from European Competition Network Brief The Lithuanian Parliament amends its Competition Act regarding undertakings holding a dominant position in the retail trade sector

416

Lithuania: Recent Amendment to the Law on Competition On 24 September 2009, Article 3(11) (which sets out the definition of a dominant position) of the Law on Competition of the Republic of Lithuania was modified: the amendment came into force as of 1 January 2010. Following this change, the (...)

Article from European Competition Network Brief The Slovakian Competition Authority condemns a leading undertaking in the field of waste management for abuse of dominant position (ENVI-PAK)

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Slovakia: Council of the Antimonopoly Office to decide on Prohibition of Abuse in “Green Dot” Licensing Case by ENVI-PAK On 16 September 2009, ENVI-PAK appealed the decision of the Antimonopoly Office of 28 August 2009 before the Council of the Office. The Office found that ENVI-PAK had abused (...)

Article from European Competition Network Brief The Local Court of Bonn asks the ECJ for clarification on the relationship between acces to the file for claimants and leniency (Pfleiderer)

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Germany: Access to the File for Claimants vs. Leniency - Local Court of Bonn asks ECJ for Clarification In a cartel case which was based inter alia on Article 81 of the EC Treaty (now Article 101 of the Treaty on the Functioning of the European Union), a customer applied for access to the file (...)

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