August 2013

Anticompetitive practices

The Norwegian Competition Authority publishes report following sector inquiry into car warranty conditions
European Commission
Norway: The Competition Authority publishes Report following its Sector Inquiry into Car Warranty Conditions* In September 2013, the Norwegian Competition Authority (the NCA) published a report based on its sector inquiry into car warranty conditions in Norway. The inquiry was triggered by (...)

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)
European Commission
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 (...)

The Swedish Competition Authority files an application for competition damages against allegedly collusive health care undertakings (Aleris / Capio / Hjärtkärlgruppen)
Swedish Competition Authority (Stockholm)
Fines demanded for collusion in care and treatment procurement* The Competition Authority has petitioned that three companies within the care and treatment business are to be sentenced to pay a total of almost SEK 30 million in fines as they have colluded during a public procurement. In 2008, (...)

The Polish Competition Authority fines the leader of the distribution network for RPM arrangements and market sharing (Bona-Polska)
WKB Wierciński Kwieciński Baehr (Warsaw)
In its decision of 28 August 2013 the Polish competition authority (Prezes Urzędu Ochrony Konkurencji i Konsumentów, hereinafter referred to as the “OCCP President” or the “PCA”) has fined Bona-Polska with the amount of PLN 81,287.88 (approximately €20,322.00) for imposing fixed and minimum resale (...)

The Brazilian CADE fines air cargo carriers for price fixing highlighting the importance of leniency program in the fight against cartels (Absa Aerolineas Brasileiras)
Brasilian Administrative Council for Economic Defense (CADE) (Brasilia)
Introduction CADE’s Tribunal condemned airlines ABSA Aerolineas Brasileiras S.A., Varig Logistica SA, American Airlines Inc., and Alitalia Linee Aeree Italiane S.P.A., plus seven individuals, for cartel formation in the international air cargo sector. The fines sum approximately 300 million (...)

The Belgian Competition Council dismisses the College of Prosecutors’ claim that BSE laboratories had shared markets and sensitive information on price on the basis of the ’Act of State Defence’ doctrine (BSE tests)
Philippe & Partners (Brussels)
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The Global Fund
I. The Parties The BSE laboratories test cattle for Bovine spongiform encephalopathy, commonly known as the mad cow disease. The cattle slaughterhouses provide BSE laboratories with samples of their cattle to enable the laboratories to run tests. The Federation of Belgian Meat (FEBEV) is the (...)

A New Zealand High Court fines a manufacturer of setup paperboard boxes and its former senior executive for being involved in price fixing (Visy)
New Zealand Commerce Commission
Press releases published on New Zealand Commerce Commission Court endorses penalty in trans-Tasman cartel case* Visy Board Pty Ltd (Visy) has been ordered to pay a penalty of $3.6 million in the High Court in Auckland today, and its former senior executive John Carroll $25,000, for breaching (...)

The Polish Competition Authority mulls over RPM agreements with elements of hub-and-spoke arrangements in the market for pay-TV services (Sports Broadcasting)
WKB Wierciński Kwieciński Baehr (Warsaw)
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Freshfields Bruckhaus Deringer (Brussels)
In the decision of 21 August 2013 in Sports Broadcasting, the Polish competition authority (Urząd Ochrony Konkurencji i Konsumentów, the UOKiK), had the uncommon opportunity of analysing resale price maintenance (RPM) agreements with elements of hub-and-spoke arrangements. This is the fifth case (...)

The Italian Competition Authority publishes the results of an inquiry on the modern trade sector (Indagine conoscitiva sul settore della GDO)
Legance - Studio Legale Associato
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Legance - Studio Legale Associato
Analysis The Italian Competition Authority (“ICA”) has carried out a sector inquiry in the Italian modern trade sector. The inquiry’s focus is mainly on the competition law impact arising from the practices commonly adopted by the modern trade (e.g. unilateral amendments of the contractual terms, (...)

The UK OFT issues draft commitments in an investigation into the sector for hotel online booking (IHG / Expedia / Booking.com)
Accenture (Dublin)
Hotel Online Booking: The OFT announces its intention to accept binding commitments* On 9 August 2013, the OFT issued draft commitments in the Hotel Online Booking investigation. The OFT has investigated the relevant markets for over 2 years and has provisionally found that certain hotels (...)

The Slovak Competition Authority issues an order against a professional association finding its regulations to restrict competition by price fixing, output restrictions and restrictions controlling production (Slovak Chamber of Vets)
Queen Mary University (London)
On 7th of August 2013, the Slovak Competition Authority (“SCA”) held that respective provisions of regulations of the Slovak Chamber of Vets (“SCV”) – mainly its Professional code, Articles, License order and its Ethical order (“Regulations”) had infringed Slovak competition law (Article 4 of the (...)

The Hungarian Competition Authority finds that cable companies have applied restrictive conditions in their model contracts for programme distribution and imposes fines (Kábelkommunikációs / Kábeltelevíziós)
Hungarian Competition Authority (Budapest)
Restrictive practices of cable associations* The Hungarian Competition Authority (Gazdasági Versenyhivatal - GVH) established that the Hungarian Cabel Communications Association (Magyar Kábelkommunikációs Szövetség - MKSZ) and the Hungarian Cable Television and Telecommunication Association (Magyar (...)

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

The Chinese NDRC announces penalties of CNY 668 million imposed for an agreement on resale price maintenance on the market for baby milk formula
AnJie Law (Beijing)
Chinese Antitrust Agency Imposed Record Fines on Baby Formula Brands An Analysis on the Application of the Leniency Program under the PRC Anti-Monopoly Law* Background of Record-Breaking Fine Late June of this year, it was reported that the National Development and Reform Commission (“NDRC”) (...)

The Chinese NDRC imposes fines on several foreign infant milk formula companies for price fixing (Nestlé, Abbott Laboratories)
King & Wood Mallesons (Beijing)
The Second RPM Investigation by NDRC within this Year* In May 2013, the National Development and Reform Commission (“NDRC“) initiated the investigation against several infant formula companies for the alleged violation of Article 14 of the Antimonopoly Law (“AML“). This is the second (...)

The Chinese NDRC imposes record fines on six major infant formula makers for vertical price-fixing practices (Biostime, Mead Johnson, Dumex, Abbott, FrieslandCampina, Fonterra)
University of Political Science & Law of China
I. Facts and Background On August 7, 2013, China’s top enforcer in charge of curbing price monopolies, the National Development and Reform Commission (“NDRC”) announced its decision to levy fines in the total amount of CNY 668.73 million (about USD 108.34 million) on six infant formula producers (...)

The Competition Commission of India fines eleven suppliers of rubber soles for engaging in bid rigging by fixing tender prices, limiting supplies and market sharing (Puja Enterprises)
Shardul Amarchand Mangaldas & Co (New Delhi)
SUMMARY The Competition Commission of India found that eleven suppliers of rubber soles had engaged in bid rigging, through price-fixing, limiting supplies and market sharing, in a tender floated by the Director General (Supplies & Disposals), in breach of Section 3 of the Competition Act, (...)

The UK OFT establishes vertical restrictions on the market for supply of mobility scooters, though no fines can be imposed (Roma Medical Aids)
Max Findlay Associates
Not playing nicely* Recently, there have been two striking cases of organisations behaving badly in a way that the outside world would think was well out of order. In the first example – the Roma Medical Aids case – it isn’t just about somebody breaking the rules. It’s about a company acting in a (...)

The US District Court of Northern California rejects the motion of the defendants to dismiss challenging antitrust claims arising out of an exclusive license deal (Patrick Dang/San Francisco Forty Niners)
Orrick, Herrington & Sutcliffe (San Francisco)
Single-Brand Market Claims Are Not Dead* Modern antitrust law’s focus on inter-brand competition has made it much more difficult to plead and prove single-brand market claims. The law’s concern with inter-brand competition is so strong that some observers have all but written off such claims as (...)

The Shanghai Higher Court and one of China’s antitrust regulators issues decisions that resale price maintenance violated China’s Anti-Monopoly Law (Rainbow / Johnson & Johnson)
Jones Day (Beijing)
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Gibson Dunn (Hong Kong)
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Jones Day (Beijing)
Within the same week, the Shanghai Higher Court and one of China’s antitrust antitrust regulators have issued decisions that resale price maintenance ("RPM") violated China’s Anti-Monopoly Law ("AML"). The decision of the Shanghai Higher Court involved an agreement between Johnson & Johnson (...)

The Shanghai Higher Court decides on the first private antitrust action involving vertical agreements (Rainbow / Johnson & Johnson)
AnJie Law (Beijing)
On August 1 2013, Shanghai People’s High Court (the Court) handed down judgment on the first private antitrust action involving vertical agreements under the minimum resale price maintenance (RPM) clause of China’s Anti-monopoly Law (AML). The Court rescinded the judgment of the first instance (...)

The Chinese Shanghai People’s High Court awards damages to be paid by a major US-headquartered healthcare supplier for vertical restrictive practices (Rainbow / Johnson & Johnson)
AnJie Law (Beijing)
Chinese Court’s Roadmap on Vertical Monopoly Analysis: Some Comments on the Final Judgment on Rainbow vs. Johnson & Johnson Case* On August 1 2013, Shanghai People’s High Court (the Court) handed down judgment on the first private antitrust action involving vertical agreements under the (...)

The Chinese Shanghai Higher Court renders final judgment in first antitrust private action (Rainbow / Johnson & Johnson)
King & Wood Mallesons (Beijing)
Chinese Court Rendered Final Judgment on Rainbow v. Johnson & Johnson – the First Antitrust Private Action of Vertical Monopolistic Agreement* On 1 August 2013, the very same day of the fifth anniversary of China’s Anti-Monopoly Law (“AML”), Shanghai Higher People’s Court (“Shanghai Higher (...)

Unilateral Practices

The Tokyo High Court recognizes that providing advice or guidance to franchisees to sell products at “recommended price” is indeed an abuse of a superior bargaining position (SEJ)
McDermott Will & Emery (Brussels)
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Anderson Mori & Tomotsune (Tokyo)
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Anderson Mori & Tomotsune (Tokyo)
I. Introduction A private party is entitled to file an Article 25 suit against a party that has committed a certain act in violation of AMA, including but not limited to unfair trade practice by abusing of superior bargaining position, on condition that there is a final and binding (...)

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)
European Commission
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 (...)

The European Commission market tests commitments proposed by German railway incumbent concerning pricing system for traction current in Germany (Deutsche Bahn)
Van Bael & Bellis (Brussels)
On 15 August 2013, the European Commission published a series of commitments proposed by the German railway incumbent Deutsche Bahn (“DB”) to resolve an investigation into its pricing system in Germany for the electricity used to power locomotives (known as “traction current”). In a press (...)

The Bulgarian Competition Authority holds that national health insurance fund is not an undertaking for the purpose of competition law enforcement (NZOK)
University of Technology (Tallinn)
On 17 July 2013 the Bulgarian Competition Authority (CPC) rejected the abuse of dominance complaints submitted by the pharmaceuticals traders against the National Health Insurance Fund (NZOK). In its two no-infringement decisions the CPC held that NZOK should not be viewed as undertaking in (...)

The Romanian Competition Council opens a public consultation in respect of the commitments undertaken by telecom operators regarding the mobile termination rates (Orange, Vodafone, Cosmote and Digi Mobil)
Mircea & Partners (Bucharest)
The Romanian Competition Council starts a market test in respect of commitments regarding the mobile termination rates* The Romanian Competition Council (RCC) launched on 13 August 2013, the market test of the commitments proposed by the Romanian mobile network operators - Orange, Vodafone, (...)

The Dutch District Court finds abuse of dominance by credit card network operator (European Merchant Services and Equens)
Allen & Overy (Amsterdam)
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Allen & Overy (Amsterdam)
I. The Parties European Merchant Services BV and Equens SE II. The Facts European Merchant Services BV (‘EMS’) is a so-called “acquirer”. That means that EMS processes credit card payment data and enters into contracts with merchants. Merchants are companies – such as retailers – that accept (...)

A Dutch court issues a preliminary judgment in a dispute between a multinational food and beverage producer and a candy bars producer concerning discount practices with service stations (Mars / Nestlé)
Van Bael & Bellis (Brussels)
On 7 August 2013, a Dutch court issued a preliminary judgment in a dispute between Nestle, the multinational food and beverage producer, and Mars, the producer of candy bars. The dispute concerns the discount practices of Mars in its relationship with service stations. Under these (...)

The Competition Commission of India excludes "policy formulation" from the scope of Indian competition law (Vineet Kumar)
Cyril Amarchand Mangaldas (Mumbai)
The Competition Commission of India (“CCI”), on 6 August 2013 passed an order clarifying the scope of the applicability of the Competition Act, 2002 (“Act”), excluding enterprises engaged in “policy formulation”. The CCI was of the opinion that as “policy formulation” is not a commercial or economic (...)

The Italian Regional Administrative Court of First Instance annuls the NCA’s decision concerning the abuse of dominant position of a company aimed to exclude competitor’s entry into mass retail markets (Coop Estense)
Lipani Catricalà & Partners (Rome)
1. Premise – This work is the only contribution of a project (hereinafter, the “Project”) aimed to offer a general, quarterly overview of all the decisions of Italian administrative courts, which involve the Italian Competition Authority (Autorità Garante della Concorrenza e del Mercato, (...)

The Taiwan Fair Trade Commission fines petrochemical companies for refusal to sell ingredients to downstream distributors (Formosa Plastics, Formosa Chemical & Fiber)
Chung Yuan Christian University
Introduction On August 2, 2013, the Taiwan Fair Trade Commission (TFTC) officially imposed fines of NT$2 million (US$68,000) and NT$3 million (US$100,000) on two leading petrochemical manufacturers and suppliers in Taiwan: the Formosa Plastics Corporation (FPC) and the Formosa Chemical & (...)

Mergers

The COMESA Court of Justice rules that a merger filing notification to COMESA’s Competition Commission will remove the need for filings to national authorities in the Member State (Polytol)
Norton Rose Fulbright (Brussels)
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UK Competition and Markets Authority (CMA) (London)
In much the same way that, within the European Union, a merger filing (notification) to the European Commission removes the need for filings to national competition authorities in the EU Member States, so too the COMESA. Court of Justice has ruled that a merger filing (notification) to COMESA’s (...)

The Brazilian CADE applies remedies on four licensing agreements (Monsanto cases)
Tauil & Chequer (in cooperation with Mayer Brown)
I. Summary of the cases Each of the four concentration acts (“Monsanto Cases”) refer to non-exclusive licensing agreements for the development, testing, production and commercialization of seeds using Intacta RR2 PROTM technology in Brazil, executed between Monsanto, as licensor, and Syngenta, (...)

The UK Competition Commission requires airline to sell most of its minority shareholding in rival (Ryanair/Aer Lingus)
Jones Day (London)
Last week the UK Competition Commission (CC) required airline Ryanair to reduce its 29.8% shareholding in rival Aer Lingus to 5 per cent. The CC ruled that Ryanair’s gradual acquisition of its existing minority shareholding (i) created a relevant merger situation and (ii) had led or may be (...)

The UK Competition Commission requires airline to sell down its minority shareholding in its rival (Ryanair/Aer Lingus)
Dechert (Brussels)
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Fangda Partners (Hong Kong)
1. Introduction This case note provides a summary of the UK competition authorities’ investigation into Ryanair’s 29.82% minority shareholding in its rival Aer Lingus. The long running battle between the two airlines has resulted in more than 20 competition authority and court decisions since (...)

The Chinese MOFCOM announces its conditional clearance of a merger on the market for LCD TV controller chip (MediaTek / MStar)
King & Wood Mallesons (Beijing)
Another “Hold-Separate” Decision of MOFCOM—MediaTek’s Acquisition of MStar is Cleared with Conditions* On August 27, 2013, MOFCOM announced its conditional clearance on MediaTek Inc’s (“MediaTek”) 4 billion USD acquisition of MStar Semiconductor Inc (“MStar“) (the “Transaction“). This is the second (...)

The Chinese MOFCOM conditionally approves the acquisition of a semiconductor company for display and digital home platforms by a semiconductor company for wireless communications and digital multimedia solutions (MediaTek / MStar)
University of Melbourne
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China Competition Bulletin (Beijing)
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Institute of American Studies
On 26 August 2013, MOFCOM announced that it had conditionally approved the acquisition of MStar Semiconductor Inc. (MStar) by MediaTek Inc. (MediaTek). MediaTek is a fabless semiconductor company for wireless communications and digital multimedia solutions, and MStar is a semiconductor (...)

The Portuguese Competition Authority issues clearance decision with remedies in Phase I (Kento Unitel Sonaecom/ZON Optimus)
Sérvulo & Associados
On the August 26, 2013, the Portuguese Competition Authority (“PCA”) issued a Decision of Non-opposition, with remedies, regarding a concentration notified in February 1, 2013 (under every notification criteria under article 37 (1) of the Portuguese Competition Law – Lei n.º 19/2012, of May 8, (...)

The COMESA Competition Commission releases the drafts competition guidelines for public review and comment for the second time
Primerio
COMESA issues antitrust RFP for comment & review project, re-releases 5 draft Guidelines* COMESA’s Competition Commission’s (“CCC”) has issued a Request for Proposal to conduct a comprehensive review of its previously-released five draft competition Guidelines. In doing so, the CCC re-released (...)

The Competition Tribunal of South Africa approves a merger in the petrochemical and mining sector within four hours of receiving the Competition Commission’s recommendation (Stefanutti Stocks / Energotec)
Nortons Incorporated
South African Competition Tribunal approves merger in record time of 4 hours* The South African Competition Tribunal received notice of, heard and approved the acquisition by construction firm, Stefanutti Stocks (Pty) Ltd, of Energotec, which is a division of First Strut (Pty) Ltd, and (...)

The Higher Regional Court Düsseldorf overrules decision of the Bundeskartellamt to free merger under remedies between two cable operators (Liberty Global / KabelBW)
Berlin School of Economics and Law
Recently, the Higher Regional Court Düsseldorf ("Court") overruled the decision of the Bundeskartellamt, the German competition authority, to free the merger between two cable operators, Liberty Global and KabelBW. The court decision is the outcome of an appeal procedure initiated by two (...)

The U.S. DoJ challenges an acquisition in the air transport sector (US Airways / American Airlines)
Wilson Sonsini Goodrich & Rosati (Washington)
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Wilson Sonsini Goodrich & Rosati (Washington)
On August 13, 2013 the U.S. Department of Justice (DOJ), six states, and the District of Columbia filed suit against US Airways Group, Inc. (US Airways) and AMR Corporation (American) alleging that the defendants’ proposed merger violates Section 7 of the Clayton Act. This marks the first time (...)

The Chinese MOFCOM conditionally approves the EUR 3 billion acquisition of a medical technology company (Baxter & Gambro)
King & Wood Mallesons (Beijing)
MOFCOM Conditionally Cleared Baxter’s $4 Billion Acquisition of Gambro* On August 13, 2013, China’s Ministry of Commerce (MOFCOM) announced on its website that it has conditionally approved the $4 billion acquisition of Swedish medical technology company Gambro AB by Baxter International. (...)

The Chinese MOFCOM grants a clearance on the proposed acquisition of a Swedish equipment manufacturer by an American healthcare company (Baxter & Gambro)
AnJie Law (Beijing)
MOFCOM conditionally approves Baxter’s acquisition of Gambro* On 8 August 2013, China’s Ministry of Commerce ("MOFCOM") granted a clearance on the proposed acquisition of the Swedish dialysis equipment manufacturer Gambro AB ("Gambro") by its US rival healthcare company Baxter ("Baxter") in (...)

The New York Attorney General settles remedies regarding the merger between two leading online food ordering services in Manhattan (Seamless / GrubHub)
Ashurst (Milan)
NY Attorney General reaches settlement with two leading online food ordering services in Manhattan* On 5 August 2013 NY Attorney General stated that he reached a settlement with Seamless North America, LLC and GrubHub, two leading online food ordering services in Manhattan, in order to address (...)

The European Commission conditionally clears merger between two US commercial airlines while the US DOJ sues to block deal (US Airways / American Airlines)
Van Bael & Bellis (Brussels)
On 5 August 2013, the European Commission conditionally approved the proposed merger between US Airways Group and AMR Corporation, the parent company of American Airlines. Both US Airways and American Airlines are major US commercial airlines. The Commission examined the competitive (...)

The Hungarian Competition Authority clears unconditionally an acquisition on the electricity market (E. ON / Villamos Művek)
Hungarian Competition Authority (Budapest)
The GVH authorised the MVM-E.ON transaction* The Gazdasági Versenyhivatal (GVH - the Hungarian Competition Authority) cleared the acquisition of E.ON Földgáz Trade Zrt. and E.ON Földgáz Storage Zrt. by Magyar Villamos Művek Zrt. The most important field of activity of Magyar Villamos Művek Zrt. (...)

The Swedish Competition Authority clears a merger by a acquisition of sole control without any remedies (Komplett / 
Webhallen Sverige)
Vinge (Stockholm)
On 26 April 2013, the Swedish Competition Authority (“the SCA”) received a notification of a proposed concentration pursuant to Chapter 4 §6 of the Swedish Competition Act (Swe. Konkurrenslagen SFS 2008:579), by which the undertaking Komplett AS (“Komplett”) acquired sole control of the undertaking (...)

The COMESA Competition Commission sheds light on the substantive analysis employed in two previously notified merger cases (Cooper Tire & Rubber / Apollo Tyres)
Primerio
COMESA publishes explanation of first two merger approvals & receives 4th deal filing* The COMESA Competition Commission (“CCC”) has finally shed some light on the substantive merger analysis it undertook in its first two notified (and now cleared) transactions. The full text of the (...)

The Turkish Competition Board clears a joint venture in the natural gas market (Akpol / Gazprombank)
Kinstellar (Istanbul)
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Kinstellar
A. Introduction On 18 July 2013, the Turkish Competition Board (“Board”) issued its reasoned decision on the formation of a joint venture in Turkey by (i) Akpol İnşaat Mühendislik Proje ve Ticaret A.Ş. (“Akpol”) and (ii) Prima Energy Trading LLC (“Prima”), which is a wholly-owned subsidiary of (...)

State Aid

The EU General Court finds that organisations for environmental protection that directly offer goods and services in competitive markets must be regarded as undertakings (Germany / Commission)
Max Findlay Associates
Not playing nicely* Recently, there have been two striking cases of organisations behaving badly in a way that the outside world would think was well out of order. In the first example – the Roma Medical Aids case – it isn’t just about somebody breaking the rules. It’s about a company acting in a (...)

Procedures

The Moldovan Competition Authority for the first time applies procedural penalties for obstruction of investigation under the new competition law (Voiaj International)
University of Technology (Tallinn)
On 30 August 2013 the Moldovan Competition Authority (CC) has adopted a decision sanctioning travel agency SRL Voiaj International & Co for the refusal to provide CC officials access to the business premises during a ‘dawn raid’ and imposed a periodical penalty until the access is enabled. (...)

The Romanian Competition Authority releases the results of its market inquiry on road construction services
University of Technology (Tallinn)
On 27 August 2013 the Romanian Competition Authority (CC) has published the results of its market inquiry concerning road construction, maintenance and affiliated services. This brief summarizes the major conclusions and recommendations included in the CC’s report. Based on the highway density (...)

The US Court of Appeals for the 7th Circuit reconfirms class certification post-Comcast (Butler/Sears Roebuck)
Cohen Milstein (Washington)
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Cohen Milstein (New York)
Purchasers of Kenmore washing machines brought class actions alleging products defects involving mold and defective control units. The district court certified the defective control unit class but refused to certify the mold class. On appeal, the Seventh Circuit reversed the refusal to (...)

The US Court of Appeals for the 3rd Circuit vacates class certification order on ascertainability grounds in consumer false advertising case (Carerra/Bayer)
Cohen Milstein (Washington)
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Cohen Milstein (New York)
Purchasers of a diet supplement brought a class action asserting that Bayer falsely claimed that the supplement enhanced metabolism by including a green tea extract. The district court certified a class of purchasers in Florida. The Third Circuit vacated the class certification order and (...)

The US DC Circuit Court of Appeals unanimously overturns the district court’s order granting certification of a class of direct purchasers against four freight railroad companies (Rail Freight Fuel Surcharge Antitrust Litigation)
Cohen Milstein (Washington)
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Cohen Milstein (New York)
Railroad shippers brought a class action, asserting that four freight railroad companies that together comprised nearly 90% of the market for rail freight had participated in a conspiracy to impose rate-based fuel surcharges. The district court certified a class based on two regression models, (...)

The US Southern District of New York certifies a class for liability purposes only (Jacob/Duane Reade)
Cohen Milstein (Washington)
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Cohen Milstein (New York)
Pharmacy store managers brought suit against a retail chain pharmacy, asserting that the pharmacy failed to compensate them for overtime in violation of the Fair Labor Standards Act. The district court concluded that certification of the class for all purposes was inappropriate under Comcast. (...)

The US District Court for the Southern District of New York certifies class for liability purposes only in a lawsuit brought against retail chain pharmacy (Jacob/Duane Reade)
Cohen Milstein (Washington)
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Cohen Milstein (New York)
Pharmacy store managers brought suit against a retail chain pharmacy, asserting that the pharmacy failed to compensate them for overtime in violation of the Fair Labor Standards Act. The district court concluded that certification of the class for all purposes was inappropriate, under Comcast, (...)

The U.S. Court of Appeals for the Eighth Circuit holds that “informational injury” alone is sufficient to confer standing (Charvat v. Mutual First Federal Credit Union)
US Federal Trade Commission (FTC) (Washington)
The United States Court of Appeals for the Eighth Circuit recently held that a consumer may establish an injury in fact to meet constitutional standing requirements by alleging “an informational injury” within the context of the Electronic Fund Transfer Act (“EFTA”). The Eighth Circuit addressed (...)

The Romanian Competition Authority issues final report of inquiry into roads and highways construction sector
European Commission
Romania: Final Report of Inquiry into Roads and Highways Construction Sector* The report on the sector inquiry finalised in August 2013 by the Romanian Competition Council (RCC) expresses competition concerns on the identified upstream markets of production and trade of mineral aggregates, (...)

The US District Court for the Eastern District of Pennsylvania certifies a class in a price-fixing conspiracy case against two leading blood reagent producers (Blood Reagents Antitrust Litigation)
Cohen Milstein (Washington)
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Cohen Milstein (New York)
The plaintiffs, who alleged a price-fixing conspiracy between two leading blood reagent producers, moved for class certification. The court began by noting its duty to perform a rigorous analysis and to find by a preponderance of the evidence that each requirement of Rule 23 had been satisfied (...)

Regulatory

The Belgian Competition Authority dismisses a claim from the College of Prosecutors concerning geographical allocation agreements between laboratories active in BSE testing, slaughterhouses and their professional organization (BSE laboratories)
Altius (Brussels)
I. The Facts In the 1990s Great Britain was affected by the outbreak of BSE (“bovine spongiform encephalopatie"), causing the European Union to take immediate action. Member States were obliged to comply with the imposed obligations by the European Union and to carry out tests urgently. The (...)

The Kazakh Antimonopoly Agency issues a binding instruction for the Communications and Informatisation Committee to amend discriminatory terms and conditions of licenses granted to certain cellular operators (Kar-Tel)
Center for Development and Protection of Competition Policy
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Ernst & Young (Astana)
The Communications and informatisation Committee of the Transport and Communications Ministry of the Republic of Kazakhstan (‘Committee’) implements a state function of licensing for providing cellular communication. Paragraph 1 of Article 4 of the Law of the Republic of Kazakhstan “On (...)

Public sector

The Swedish Competition Authority initiates a project aimed at detecting cartels in public procurements by using proactive economic methodology
European Commission
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 (...)

The Swedish Competition Authority requires payment of procurement fines for an illegal direct award as regards construction of appartments (Haninge Bostäder)
Swedish Competition Authority (Stockholm)
Haninge Bostäder required to pay SEK 10 million in procurement fines* The Swedish Competition Authority demands that the municipal housing company in Haninge, Haninge Bostäder AB, pays procurement fines of SEK 10 million due to them having performed an illegal direct award. Haninge Bostäder has (...)

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