Bulletin

Anticompetitive practices

The EU Commission publishes final e-commerce sector inquiry report
Van Bael & Bellis
On 10 May 2017, the European Commission (“Commission”) published its final Report on the e-commerce sector inquiry (“the Report”), aimed at identifying business practices in the sector that might restrict competition and limit con- sumer choice. The Report consists of two documents: (i) a 16-page (...)

The EU Commission fines three car lighting system producers for cartel (Automotive Lighting / Hella / Valeo)
European Commission - DG COMP
Antitrust: Commission fines three car lighting system producers €27 million in cartel settlement* The European Commission has fined Automotive Lighting and Hella a total of €26 744 000 for participating in an automotive lighting cartel, in breach of EU antitrust rules. Valeo was not fined as it (...)

The UK Competition Authority fines a lighting supplier for price resale maintenance (National Lighting Company)
UK Competition and Markets Authority (CMA)
Lighting company fined £2.7 million for restricting online prices* A lighting supplier has been fined for requiring retailers to use a minimum price when selling their products online. The National Lighting Company (NLC) supplies light fittings to a range of retailers who then sell them on. (...)

The EU Commission opens a formal investigation into distribution agreements of a clothing manufacturer and retailer (Guess)
European Commission - DG COMP
Antitrust: Commission opens formal investigation into distribution practices of clothing company Guess* The European Commission has opened a formal antitrust investigation into the distribution agreements and practices of clothing manufacturer and retailer Guess. The Commission will examine (...)

The Irish Central Criminal Court fines a company executive for his participation in a cartel and imposes a suspended prison sentence
McCann FitzGerald
Ireland - Hard-core cartel offender gets €7,500 fine and suspended sentence* Following a guilty plea to criminal bid-rigging and obstruction charges, a company director was fined €7,500 by an Irish judge on 31 May and sentenced to three months’ imprisonment (suspended – meaning no jail time). (...)

The Latvian Competition Authority fines nine distributors of professional stage equipment for bid-rigging (SGS Sistēmas)
Competition Council of Latvia
The CC detects bid-rigging among distributors of professional stage equipment* On 30 May, the Competition Council of Latvia (the CC) adopted a decision to impose a fine on nine companies, which had coordinated their activities within the framework of procurements of public and municipal (...)

The Dutch Competition Authority sends a letter explaining the basic rules regarding fair competition to over 3,500 companies operating in the ports of Amsterdam and Rotterdam
Netherlands Authority for Consumers & Markets (The Hague)
ACM calls port industry’s attention to competition rules* The Netherlands Authority for Consumers and Markets (ACM) has sent a letter explaining the basic rules regarding fair competition to over 3,500 businesses based in Amsterdam and Rotterdam that are active in the ports of those cities. ACM (...)

The Croatian Competition Authority accepts remedies proposed by companies operating in the marine engines market (Duing / Fred Bobek)
Croatian Competition Agency
Accepted Commitments by Duing and Fred Bobek* The Croatian Competition Agency (CCA) closed two proceedings for the establishment of prohibited agreements by accepting commitments proposed by the parties concerned – Duing d.o.o. from Viškovo and Fred Bobek d.o.o. from Vodice active in the sales (...)

The Russian Competition Authority opens administrative proceedings against an international audit company for its possible participation in an anticompetitive agreement (Deloitte)
Russian Federal Antimonopoly Service
FAS opened an administrative case against Russian office of “Deloitte”* On 15 May 2017, FAS opened administrative proceedings against “Deloitte and Tuche CIS” CJSC – Russian representative office of an international audit company “Deloitte”. In March 2017, investigating an antimonopoly case “on a (...)

The Latvian Competition Authority fines four providers of security services for bid-rigging (Bruks)
Competition Council of Latvia
The CC detects bid-rigging by four security companies* On 11 May, the Competition Council of Latvia (the CC) took a decision to impose a fine on four providers of security services – SIA “Bruks”, SIA RK “Nivios-LTD”, SIA “Puma” and SIA “Lat Jur Fin” – for lasting and systematic implementation of (...)

The EU Commission publishes its final report on the e-commerce sector inquiry
Skadden, Arps, Slate, Meagher & Flom
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Skadden, Arps, Slate, Meagher & Flom
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Skadden, Arps, Slate, Meagher & Flom
On 10 May 2017, two years after launching its e-commerce sector inquiry on 6 May 2015, the European Commission published its final report (Final Report) on the inquiry. The inquiry was opened in the framework of the Commission’s broader Digital Single Market strategy, which was aimed at (...)

The EU Commission issues its final report on e-commerce sector
European Commission - DG COMP
Antitrust: Commission publishes final report on e-commerce sector inquiry* The European Commission’s final report on the e-commerce sector inquiry identifies business practices that may restrict competition. It allows the Commission to target its enforcement of EU antitrust rules in e-commerce (...)

The EU Commission publishes its final report on the inquiry into the e-commerce sector
DLA Piper
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DLA Piper (London)
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DLA Piper
On 10 May 2017, DG Competition of the European Commission (the "Commission") published its final report on the inquiry into the e-commerce sector (launched in May 2015 as part of the Digital Single Market strategy). The findings in the report are based on information gathered from 1,900 (...)

The Indian Supreme Court clarifies the scope of the investigative powers of the Director General and the establishment of an agreement to indulge in collusive bidding (Crop Care)
Shardul Amarchand Mangaldas & Co
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Shardul Amarchand Mangaldas & Co
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Shardul Amarchand Mangaldas & Co
On 10 May 2017, the Supreme Court of India published its judgment dated 8 May 2017 in Excel Crop Care Ltd. v. Competition Commission of India & Anr . This judgment deals with important issues on the applicability of the Competition Act, 2002 (Competition Act) to conduct prior to its coming (...)

The EU Commission publishes its final report on the e-commerce sector inquiry
Shearman & Sterling
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Shearman & Sterling (Rome)
The European Commission has published, on 10 May, its final report on the E- commerce Sector Inquiry (the “Final Report”). The Commission launched the E-commerce Sector Inquiry in May 2015 in the context of its Digital Single Market (“DSM”) strategy, aiming to ensure better access for consumers (...)

The EU Commission accepts commitments to remove most favoured nation clauses from e-book distribution agreements (Amazon)
Van Bael & Bellis
On 4 May 2017, the European Commission (“Commission”) announced that it had accepted, pursuant to Article 9 of Regulation (EC) No.1/2003, to make binding commitments that Amazon offered ending the use of parity clauses in distribution agreements with electronic book (“e-book”) publishers. These (...)

The Belgian Competition Authority sanctions bid-rigging cartel in public contracts for railway infrastructure (ABB / AEG / Siemens / Schneider / Sécheron)
Van Bael & Bellis
On 2 May 2017, the Belgian Competition Authority (“BCA”) found that ABB, AEG, Siemens, Schneider and Sécheron had engaged in a cartel in the context of public tenders organised by government-owned railway network company Infrabel and imposed fines amounting to a total of € 1,779,000. Infrabel had (...)

The EU Court of Justice dismisses appeal against a judgment of the General Court which upheld the European Commission’s decision finding a compagny participated in an illegal price-fixing cartel (Exotic Fruits cartel case)
Van Bael & Bellis
On 27 April 2017, the Court of Justice of the European Union (“ECJ”) dismissed an appeal lodged by banana importer Pacific Fruit (and its parent companies) against a judgment of the General Court (“GC”), which upheld the European Commission’s decision finding that Pacific Fruit had participated in (...)

The High Court of Hong Kong confirms bar on standalone private actions in competition cases (Loyal Profit / TIC)
Linklaters (Hong Kong)
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Linklaters
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Hong Kong Competition Association
Hong Kong Court confirms bar on standalone private actions in competition cases* The Hong Kong Court of First Instance rejected a claim that it had jurisdiction to determine whether a trade association violated the Competition Ordinance. The court reasoned that determination of a breach of (...)

The Polish Competition Authority issues a decision in a bid rigging case on the market for car towing and parking services (Auto czok / Warm)
WKB Wierciński Kwieciński Baehr (Warsaw)
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WKB Wierciński Kwieciński Baehr
By way of its decision no. RKT-04/2017 of 19 April 2017, the Polish Competition Authority (Prezes Urzędu Ochrony Konkurencji i Konsumentów, the “PCA”) imposed a financial penalty of more than PLN 170, 000 (approx. EUR 40,700) on two providers of car towing and parking services engaged in bid (...)

The Turkish Competition Authority finds no evidence on exclusionary practices by incumbents against a new entrant in the market for meal cards (Metropal)
University of Sussex
This case note analyses the decision of the Turkish Competition Authority (TCA) in which it has rejected the complaint due to lack of evidence that the incumbent undertakings in the market for meal cards collectively resorted to certain exclusionary practices upon the entry into market of the (...)

The Düsseldorf Higher Regional Court confirms that the general prohibition of the use of price comparison engines by retailers violates competition law (Asics)
German Competition Authority
Düsseldorf Higher Regional Court confirms Bundeskartellamt’s decision on prohibition of use of price comparison engines* Yesterday the Düsseldorf Higher Regional Court confirmed the Bundeskartellamt’s decision of principle against the running shoes manufacturer Asics. According to the decision the (...)

The Advocate General Wahl considers that agricultural producers’ organisations may be held liable under EU competition law (French Endive cartel)
Van Bael & Bellis
On 6 April 2017, Advocate General (“AG”) Wahl issued an opinion on a preliminary reference from the French Supreme Court arising from the Endive cartel investigated by the French Competition Authority. In his opinion, the AG con- siders that agricultural producers’ organisations and their (...)

The Italian Competition Authority targets anti-competitive practices in market for the copyright management services (SIAE-Assomusica)
Desogus Law Office
In SIAE-Assomusica , the Italian Competition Authority (ICA) has opened an Article 102 TFEU investigation and Article 101 TFEU investigation into restrictive business practices put in place in the copyright management sector. The facts of the case The ICA investigations were triggered by the (...)

The German Federal Council adopts an amendment to act against restraints of competition
Morgan Lewis
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Morgan Lewis
Key changes triggered by the amendment relate to a company’s liability for cartel infringements, the introduction of a transaction value test into merger control, private enforcement through the implementation of the EU Cartel Damages Directive, the assessment of market power in multilateral (...)

The UK Competition Authority publishes preliminary findings on price comparison websites
Cleary Gottlieb Steen & Hamilton
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Cleary Gottlieb Steen & Hamilton
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In September 2016, the Competition and Markets Authority (“CMA”) launched a Market Study into digital comparison tools (“DCTs”). On March 28, 2017, the CMA published an update on the Market Study setting out its preliminary findings and areas of focus for the second part of the Market Study. The (...)

Unilateral Practices

The Belgian Competition Authority rejects a request for interim measures on the pharmaceutical market (Medicare-Market group)
Belgian Competition Authority
The Belgian Competition Authority (BCA) has rejected a request for interim measures of the Medicare-Market group* The SA Medicare-Market (hereafter Medicare-Market) filed on 2 June 2016 a complaint against the Order of Pharmacists and requested interim measures on 28 April 2017. The (...)

The Russian Competition Authority fines a gas producer for abuse of dominance (Gazprom)
Russian Federal Antimonopoly Service
Ingushia OFAS fined “Gazprom Mezhregiongaz Pyatigorsk” Ltd. 140 million RUB* Fines are imposed for infringing the interests of small companies The decisions on abusing dominance were made after investigating several cases upon statements of small companies in the Republic of Ingushetia with (...)

The EU General Court addresses concepts of vexatious action and abuse of regulatory procedure in judgment upholding rejection of a complaint (Agria Polska)
Van Bael & Bellis
On 16 May 2017, the General Court offered guidance on the concepts of vexatious action and abuse of regulatory procedure in the context of a judgment upholding a Commission decision to reject a complaint brought by Agria Polska and four other companies active in the parallel importation of (...)

The Russian Competition Authority issues a warning letter to a multinational technology company to prevent an abuse of dominance (Microsoft)
Russian Federal Antimonopoly Service
FAS warned “Microsoft” not to create discriminatory conditions* On 13 June 2017, FAS issued warnings to “Microsoft” to stop actions that have signs of violating the antimonopoly law (Clause 8 Part 1 Article 10 and Articles 14.2, 14.8 of the Federal Law “On Protection of Competition”). (...)

The EU Commission opens a formal investigation to assess whether a Romania’s gas has abused of its dominant position (Transgaz)
European Commission - DG COMP
Antitrust: Commission opens investigation into gas export restrictions from Romania* The European Commission has opened a formal investigation to assess whether Romania’s gas transmission system operator Transgaz has been hindering gas exports from Romania to other EU Member States. The (...)

The French Competition Authority dismisses a complaint of a railway company accusing the incumbent of abuse of dominance (TRANSDEV)
French Competition Authority (Paris)
The Autorité de la concurrence examines the state of competition in the coach transport sector and dismisses the complaint lodged by TRANSDEV against SNCF* Having been referred to by TRANSDEV GROUP (TRANSDEV) regarding practices implemented by the SNCF group in the intercity coach transport (...)

The EU Commission opens formal investigation into a pharmaceutical company pricing practices (Aspen Pharma)
European Commission - DG COMP
Antitrust: Commission opens formal investigation into Aspen Pharma’s pricing practices for cancer medicines* The European Commission has opened a formal investigation into concerns that Aspen Pharma has engaged in excessive pricing concerning five life-saving cancer medicines. The Commission (...)

The Russian Competition Authority announce the payment of a fine by a multinational technology undertaking following a settlement (Google)
Russian Federal Antimonopoly Service
Google paid the fine* On 9 May 2017 Google Inc. Paid a 438,067,400 RUB administrative fine imposed by the Federal Antimonopoly Service. On 17 April 2017 the 2-year dispute between the Federal Antimonopoly Service and “Google” ended in an amicable settlement reached at the Arbitration Court of (...)

The Russian Competition Authority sanctions an energy company for abuse of dominance in the electricity market (Novgorodoblenergo)
Russian Federal Antimonopoly Service
“Novgorodoblenergo” JSC abused market dominance* Novgorod OFAS found that the company violated the Federal Law “On Protection of Competition” The antimonopoly body opened a case upon complaint from “Elkom” Ltd. Prior to initiating the proceedings Novgorod OFAS issued a warning to (...)

The EU Commission accepts remedies proposed by an electronic commerce company in the e-books case (Amazon)
European Commission - DG COMP
Antitrust: Commission accepts commitments from Amazon on e-books* The European Commission has adopted a decision that renders legally binding the commitments offered by Amazon. The commitments address the Commission’s preliminary competition concerns relating to a number of clauses in Amazon’s (...)

The Russian Competition Authority concludes an amicable settlement with a multinational technology company (Google)
Russian Federal Antimonopoly Service
FAS terminated administrative proceedings against Google* The decisions was due to an amicable settlement reached between the antimonopoly authority and the company On 25 April 2017, the Federal Antimonopoly Service (FAS Russia) terminated the proceedings against Google opened for failure to (...)

The European Commission publishes roadmap on Standard Essential Patents
Van Bael & Bellis
On 10 April 2017, the European Commission published its roadmap on “Standard Essential Patents for a European digitalised economy” (the “Roadmap”) with the aim of supporting the development of the 5G mobile communications standard (“5G”) and the Internet of Things (“IoT”) universe. A standard (...)

EU Court of Justice Advocate General Wahl offers guidance on the criteria to identify excessive prices in abuse of dominance case (AKKA / LAA)
Van Bael & Bellis
On 6 April 2016, Advocate General (“AG”) Wahl gave an opinion advising the European Court of Justice (“ECJ”) on the criteria to determine whether a Latvian royalty collecting society had abused its dominant position by charging excessive prices in breach of Article 102(a) TFEU. The matter came (...)

Mergers

The Belgian Competition Authority clears a merger subject to remedies on the telecommunication market (Coditel / Telenet)
Belgian Competition Authority
The BCA has approved conditionally the acquisition of Coditel by Telenet* The Competition College of the Belgian Competition Authority (BCA) has approved conditionally on 12 June 2017 the acquisition of Coditel Brabant SPRL and her subsidiary Coditel SARL (hereafter ‘Coditel’) by Telenet Group (...)

The EU Commission clears a merger subject to remedies on the markets for debt collection and debt purchasing (Intrum Justitia / Nordic Capital)
European Commission - DG COMP
Mergers: Commission approves acquisition of Intrum Justitia by Nordic Capital, subject to conditions* The European Commission has approved under the EU Merger Regulation the acquisition of Intrum Justitia by Nordic Capital. The decision is conditional on the divestment of the companies’ (...)

The EU Commission clears a merger subject to remedies in the telecommunication market (Telecom Italia / Vivendi)
European Commission - DG COMP
Mergers: Commission approves Vivendi’s acquisition of Telecom Italia, subject to conditions* The European Commission has approved the acquisition of de facto control over Telecom Italia by Vivendi. The decision is conditional on the divestment of Telecom Italia’s stake in Persidera. Telecom (...)

The German FCO publishes merger remedies guidelines
Heinz & Zagrosek (Köln)
Bundeskartellamt publishes merger remedies guidelines* On May 30, 2017, the Bundeskartellamt (Federal Cartel Office, "FCO“) has published guidelines on remedies in German merger control, also available in an English translation. The very detailed guidelines (87 pages) provide a comprehensive (...)

The French Competition Authority clears a merger in the commercial restaurant sector (Flo / Bertrand)
French Competition Authority (Paris)
Restaurant sector* As part of group Flo’s takeover by group Bertrand, the Autorité de la concurrence considered the case under merger control. The Autorité has authorized the transaction for which the agreement protocols have to be approved by Nanterre’s commercial court. Group Bertrand notified (...)

The German Competition Authority clears a joint venture in the retail sector (EDEKA / Budnikowsky)
German Competition Authority
Bundeskartellamt clears EDEKA/Budnikowsky cooperation* The Bundeskartellamt has cleared the launch of a joint venture between EDEKA and Budnikowsky. Andreas Mundt, President of Bundeskartellamt: "When we assess mergers in the retail sector we always have to examine the competitive conditions (...)

The EU Commission fines a company for providing incorrect or misleading information during its investigation on a merger (Facebook / WhatsApp)
Cleary Gottlieb Steen & Hamilton
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Cleary Gottlieb Steen & Hamilton
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Cleary Gottlieb Steen & Hamilton (Brussels)
On May 18, 2017, the European Commission (the “Commission”) fined Facebook €110 million for providing incorrect or misleading information during its 2014 investigation of its acquisition of WhatsApp The magnitude of the fine dwarfs the few penalties the Commission has imposed in the past for (...)

The EU Commission fines a social network company for providing misleading information during the merger investigation (Facebook)
European Commission - DG COMP
Mergers: Commission fines Facebook €110 million for providing misleading information about WhatsApp takeover* The European Commission has fined Facebook €110 million for providing incorrect or misleading information during the Commission’s 2014 investigation under the EU Merger Regulation of (...)

The EU Commission alleges a telecommunication company has breached EU rules by implementing its merger before notification or approval (Altice)
European Commission - DG COMP
Mergers: Commission alleges Altice breached EU rules by early implementation of PT Portugal acquisition* The European Commission has sent a Statement of Objections alleging that multinational telecommunications company Altice (the Netherlands), breached the EU Merger Regulation by implementing (...)

The EU Commission sends a statement of objections to a company to investigate whether a merger was implemented prior to the Commission’s clearance (Altice)
Shearman & Sterling
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Shearman & Sterling
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Shearman & Sterling
When a transaction meets the thresholds of the EU Merger Regulation, companies must notify and obtain clearance from the European Commission before implementing the transaction. This means that until clearance is obtained, companies should continue to operate independently (including (...)

The EU Commission clears a merger, subject to remedies, on the market of semiconductor devices (Brocade / Broadcom)
European Commission - DG COMP
Mergers: Commission clears acquisition of Brocade by Broadcom, subject to conditions* The European Commission has cleared under the EU Merger Regulation the proposed acquisition of networking products supplier Brocade (US) by semiconductor manufacturer Broadcom (US/Singapore), subject to (...)

The Polish Competition Authority clears a merger in the airport duty-free shops market (Inflight Service Poland / Lagardère Duty-Free)
WKB Wierciński Kwieciński Baehr (Warsaw)
The President of the Polish Office of Competition and Consumer Protection (“OCCP”) in his decision no. DKK 72/2017 of 11 May 2017 issued consent for concentration on the market for duty-free shops. As the proceedings demonstrated, the acquisition of Inflight Service Poland by Lagardère Duty-Free (...)

The EU Commission clears a merger subject to remedies in the identity and security solutions market (Morpho / Advent International)
European Commission - DG COMP
Mergers: Commission clears acquisition of smart card maker Morpho by Advent International, subject to conditions* The European Commission has cleared under the EU Merger Regulation the proposed acquisition of identity and security solutions provider Morpho, based in France, by Advent (...)

The UK Competition Authority clears a merger subject to remedies in the cinema sector (Odeon / Vue)
UK Competition and Markets Authority (CMA)
CMA accepts Manchester cinemas sale* In December, the Competition and Markets Authority (CMA) announced that AMC (UK) Acquisition Ltd’s (AMC’s) purchase of Odeon and UCI Cinemas Holdings Ltd (Odeon) would face an in-depth investigation, unless AMC could address concerns over the merger’s effect (...)

The UK Competition Authority clears a merger subject to remedies on the market of payment systems (MasterCard / VocaLink)
UK Competition and Markets Authority (CMA)
CMA accepts Mastercard/VocaLink undertakings* The CMA has today accepted undertakings offered by Mastercard to address competition concerns arising from its purchase of VocaLink. On 18 January 2017, the Competition and Markets Authority (CMA) announced it would look in detail at whether the (...)

The EU Commission clears a merger subject to remedies on the container shipping services market (Hamburg Süd / Maersk Line)
European Commission - DG COMP
Mergers: Commission approves acquisition of Hamburg Süd by Maersk Line, subject to conditions* The European Commission has cleared under the EU Merger Regulation the proposed acquisition of container liner shipping company Hamburg Südamerikanische Dampfschifffahrts-Gesellschaft KG (HSDG) of (...)

The Polish Competition Authority approves an acquisition of control by the leading Polish insurance company of a direct competitor (Powszechny Zakład Ubezpieczeń)
Hansberry Tomkiel
In its decision no DKK 56/2017 of 6th April 2017 (the “Decision”), the Polish Office for Competition and Consumer Protection (the “Competition Authority”) gave its consent to the acquisition of control of Bank Polska Kasa Opieki S.A. (“Bank Pekao”) and its subsidiaries engaged in investment and (...)

The EU Commission clears a merger subject to remedies on the pesticides and plant growth regulators market (ChemChina / Syngenta)
European Commission - DG COMP
Mergers: Commission clears ChemChina acquisition of Syngenta, subject to conditions* The European Commission has approved under the EU Merger Regulation the proposed acquisition of Syngenta (based in Switzerland) by ChemChina. The approval is conditional on the divestiture of significant parts (...)

The Norwegian Competition Authority blocks a merger on the basis that the deal would reduce competition in the market for transportation of frozen fish (Eimskip / Nor Lines)
Van Bael & Bellis
On 3 April 2017, the Norwegian Competition Authority (“NCA”) prohibited the proposed acquisition of Norwegian-based Nor Lines by Icelandic-based Eimskip on the basis that the € 15 million deal would reduce competition in the market for transportation of frozen fish with reefer vessels from (...)

The EU Commission prohibits a merger in the financial markets (Deutsche Börse / London Stock Exchange)
European Commission - DG COMP
Mergers: Commission blocks proposed merger between Deutsche Börse and London Stock Exchange* The European Commission has prohibited the proposed merger between Deutsche Börse AG and London Stock Exchange Group under the EU Merger Regulation. The Commission’s investigation concluded the merger (...)

Procedures

The German Parliament adopts a new amendment to the Act Against Restraints of Competition in order to adapt its competition law to the digital economy
Hogan Lovells
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Hogan Lovells
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Hogan Lovells
On 9 June 2017, the 9th amendment of the German Act Against Restraints of Competition (ARC) entered into effect introducing important amendments for companies to German competition law. The reform deals with two main issues: the implementation of the European Cartel Damages Actions Directive (...)

The Spanish government implements the EU antitrust damages directive
Callol, Coca & Asociados
The government has issued an urgent Royal Decree-Law 9/2017 of 26 May (RDL) implementing Directive 2014/104/UE, of the European Parliament and the Council, of 26 November 2014 (Directive) into Spanish law. A Royal Decree-law is an instrument used by the government to legislate on matters that (...)

The EU Commission adopts the Proposal for a Regulation setting out the conditions and procedure by which it may request undertakings and associations of undertakings to provide information in relation to the internal market and related areas
Shearman & Sterling
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Shearman & Sterling (Rome)
Hardly picked up by the specialised press, the Proposal for a Regulation setting out the conditions and procedure by which the European Commission may request undertakings and associations of undertakings to provide information in relation to the internal market and related areas (“the (...)

The German Federal States Council approves reform of the national competition law
Heinz & Zagrosek (Köln)
Germany adopts competition law reform* Following the Parliament’s approval in early March, the Federal States Council, Germany’s second legislative chamber, has approved the most recent reform to German competition law on March 31, 2017. The new law will enter into force upon publication in the (...)

The Dutch District Court of Gelderland dismisses a company’s passing-on defence in private enforcement litigation (ABB / TenneT)
Van Bael & Bellis
On 29 March 2017, the District Court of Gelderland (the “Court”) dismissed a passing-on defence put forward by the Swiss technology company ABB in a cartel damages case initiated by the Dutch network grid operator TenneT. TenneT claimed that it had incurred damages as a result of higher prices (...)

Regulatory

The Romanian Competition Authority issues its recommendations for the improvement of the medical services market
Romanian Competition Council (Bucharest)
The Competition Council makes recommendations for the improvement of the medical services market* The Competition Council finalized the sector inquiry on medical services in Romania and related activities and elaborated a series of recommendations for the development of this sector and (...)

The French Competition Authority issues an opinion to the Electronic Communications Authority concerning the fixed broadband and superfast broadband wholesale markets
French Competition Authority (Paris)
The Autorité de la concurrence issues an opinion to ARCEP (France’s Electronic Communications and Postal Regulatory Authority), in the framework of the fifth cycle of analysis of the fixed broadband and superfast broadband wholesale markets.* The Autorité de la concurrence agrees with most of (...)

The German Competition Authority issues a final report on its sector inquiry into sub metering services
German Competition Authority
Sector Inquiry into Submetering of Heating and Water Costs* The Bundeskartellamt recommends measures to stimulate competition in the provision of submetering services. The authority has today presented its final report on its sector inquiry into submetering. Submetering services cover the (...)

The EU Commission publishes a report on online hotel booking platforms in collaboration with several national competition authorities
European Commission - DG COMP
The European Commission publishes the results of an exercise, carried out by the Autorité de la concurrence and 9 other national European competition authorities, which assess the effects of the remedies adopted in Europe in the online hotel booking sector.* Background Following the (...)

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