August 2016

Anticompetitive practices

The Indian Competition Authority re-imposes fines on 11 major cement manufacturers for forming a cartel (Builders’ Association of India / Cement Manufacturers’ Association)
Vaish Associates, Advocates (New Delhi)
Competition Commission of India (CCI) re-imposes penalty on 11 cement companies for cartelisation* CCI by its order dated August 31, 2016 has re-imposed penalties on 11 cement manufacturers and Cement Manufacturers Association(CMA) for violation of Section 3(3)(a) and 3(3)(b) of the Act. The (...)

The Polish Competition Authority fines three brothers for bid rigging (Jan / Leon / Sławomir Rybak)
WKB Wierciński Kwieciński Baehr (Warsaw)
By way of its decision of 19 August 2016, the Polish Competition Authority (Prezes Urzędu Ochrony Konkurencji i Konsumentów, the “PCA”) imposed a fine of over PLN 40,000 (approx. EUR 10,000) on three timber companies engaged in bid rigging, influencing the outcome of tender for logging and timber (...)

The US Court of Appeal for the Sixth Circuit reaffirms necessity for recoupment in predatory pricing complaints (Energy Conversion)
Cleary Gottlieb Steen & Hamilton (Rome)
Sixth Circuit dismisses a predatory pricing complaint in the solar panel industry* On 18 August 2016 the United States Court of Appeals for the Sixth Circuit, dismissed a predatory pricing complaint filed by Energy Conversion, a solar panel manufacturer based in the United States, against (...)

The Arbitration Court of Moscow confirms the fine imposed against a company for cartel in the software market (RDIEX)
Russian Federal Antimonopoly Service (Moscow)
Arbitration Court pronounced legitimacy of a more 23.4 million RUB fine for an anticompetitive agreement* On 17 August 2016, Moscow Arbitration Court pronounced legitimacy of a fine imposed by the Federal Antimonopoly Service (FAS Russia) upon “RDIEX Razumnie Delovie Tekhnologii” JSC. The (...)

The US FTC charges an undertaking for an alleged invitation to collude with another undertaking that served as both a competitor and a supplier (Fortiline)
Morgan Lewis (New York)
A dual distribution relationship does not protect against Section 5 liability for an invitation to collude. For the first time, the Federal Trade Commission (FTC) has charged a company with violating Section 5 of the FTC Act for an alleged invitation to collude with a company that served as (...)

The UK Competition Authority fines a company specialized in online sales of posters and frames for cartel (Trod)
British Competition Authority - CMA (London)
CMA issues final decision in online cartel case* The CMA has today issued a formal decision that 2 online sellers of posters and frames broke competition law. This follows the announcement on 21 July 2016 that Trod Ltd had admitted agreeing with GB eye Ltd (trading as ‘GB Posters’) that they (...)

The Hungarian Competition Authority fines providers of medical products and medical devices for bid rigging (Chirmax)
Hungarian Competition Authority (Budapest)
The GVH imposed fines for coordination of bids in tenders of hospitals* In its decision the Gazdasági Versenyhivatal (Hungarian Competition Authority) established that, in order to influence the tender notice, share the market and fix prices, B. Braun Medical Magyarország Orvostechnológiai Kft., (...)

The Hungarian Competition Authority fines a distributor of meat products for price resale maintenance (Pick)
Hungarian Competition Authority (Budapest)
Pick’s pricing practice is unlawful – The GVH has imposed a fine due to the fixing and setting of and minimum prices during temporary sales (promotions)* According to the decision of the Hungarian Competition Authority (Gazdasági Versenyhivatal – GVH), from January 2009 to December 2014, Pick (...)

Unilateral Practices

The Indian Competition Authority dismisses allegations of predatory pricing in the market for auto-rickshaw services (Vilakshan Kumar Yadav / ANI Technologies)
Vaish Associates, Advocates (New Delhi)
CCI dismisses allegation of predatory pricing against ANI Technologies Ltd. in New Delhi and NCR* The CCI has dismissed allegation of abuse of dominant position through predatory by Ola Cabs and Taxi For Sure operator ANI Technologies Pvt. Ltd. The Information was filed by three individuals (...)

The Danish Maritime and Commercial High Court rules on excessive pricing in relation to the delivery of electricity (ELSAM III)
University of Copenhagen
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Accura (Copenhagen)
Summary of the case In an August 2016 ruling the Danish Maritime and Commercial High Court (Sø- & Handelsretten) confirmed that the Danish energy incumbent DONG Energy A/S (“DONG”) had infringed Article 102 and the Danish equivalent by charging excessive prices for the delivery of (...)

The Indian Competition Appellate upholds the Indian Competition Authority’s dismissal of abuse of dominance allegations against a mining company in the market for chrome ore (All Odisha Steel Federation / Orissa Mining Corporation)
Vaish Associates, Advocates (New Delhi)
Competition Appellate Tribunal (COMPAT) upholds CCI order dismissing abuse of dominance allegation against Orissa Mining Corporation (OMC)* COMPAT by its order dated August 30, 2016 has upheld order of CCI which had dismissed allegations of abuse of dominance by OMC has been indulging in (...)

The Arbitration Court of Moscow confirms that a technology company has abused of its dominance on the market of pre-installed app stores (Google)
Russian Federal Antimonopoly Service (Moscow)
Appeal Court supported FAS in a dispute with “Google”* On 17 August 2016, the 9th Arbitration Appeal Court pronounced legitimacy and reasonableness of the decision of the Federal Antimonopoly Service (FAS Russia) on a case against “Google” abusing dominance on the market of preset application (...)

The Indian Competition Appellate Tribunal (COMPAT) upholds the Indian Competition Authority’s dismissal of abuse of dominance allegations against global telecom provider in the market for international roaming services (Vishwambhar Marutirao Doiphode / Vodafone India)
Vaish Associates, Advocates (New Delhi)
COMPAT upholds CCI order dismissing abuse of dominance allegation against Vodafone* COMPAT by its order dated August 16, 2016 has upheld order of CCI whereby it declined to order an investigation into the allegations of abuse of dominance by Vodafone India for levying exorbitant charges for (...)

The Portuguese Competition Authority sends a statement of objections to a company specialized in standard mail services suspected to abuse of dominance (CTT)
Portuguese Competition Authority (Lisbon)
The Portuguese Competition Authority sends Statement of Objections to CTT – Correios de Portugal S.A.* The Portuguese Competition Authority (Autoridade da Concorrência – AdC) confirms having sent a Statement of Objections to CTT – Correios de Portugal S.A. (CTT) outlining its preliminary view that (...)

Mergers

The Indian Competition Appellate Tribunal (COMPAT) upholds the Indian Competition Authority’s fine for gun jumping imposed on manufacturer of industrial chemicals and fertilizers (SCM Soilfert / Deepak Fertilizers and Petrochemicals)
Vaish Associates, Advocates (New Delhi)
COMPAT upholds penalty imposed on SCM Soilfert for “gun-jumping”* COMPAT by its order dated August30, 2016 has upheld the penalty imposed by the CCI on SCM Soilfert for failure to file a notice under Section 6(2) of the Competition Act, 2002 (the Act) for a combination. Deepak Fertilizers and (...)

The Antimonopoly Committee of Ukraine adopts a new merger regulation
Asters (Kiev)
On 19 August 2016 the new Merger Regulation became effective in Ukraine. It simplifies the merger review procedure in two ways. First, in most cases, the Antimonopoly Committee of Ukraine (AMC) reduces the amount of information required from the parties. Second, the AMC takes measures to (...)

The Ukrainian Competition Authority adopts a new merger regulation
Arzinger & Partner (Kiev)
New Merger Regulation adopted in Ukraine* On August 19, 2016 the new Merger Regulation was adopted in Ukraine. This step is the next improvement after increasing notification thresholds aimed at improving merger control regime effectiveness in Ukraine. The key novelties of the new Merger (...)

The UK Competition Authority opens an in-depth investigation concerning a merger on the market of supply of ATMs (Diebold / Wincor)
British Competition Authority - CMA (London)
Cashpoint merger faces in-depth investigation* Diebold and Wincor face an in-depth merger investigation by the CMA unless the companies offer undertakings to address competition concerns. Diebold, Incorporated (Diebold) and Wincor Nixdorf AG (Wincor) both supply ATMs (cashpoints) to banks and (...)

The UK Competition Authority launches a market test concerning a merger on the fruit juice market (Hain / Orchard)
British Competition Authority - CMA (London)
CMA consults on fruit juice merger undertakings* The CMA is consulting on undertakings offered by Hain to address merger competition concerns arising from its purchase of Orchard. Hain Frozen Foods UK Limited (Hain) and Orchard House Foods Limited (Orchard) are the only 2 suppliers of (...)

The UK Competition Authority opens an in-depth investigation concerning a merger between two toy suppliers (VTech / LeapFrog)
British Competition Authority - CMA (London)
Merger of toy suppliers could face in-depth investigation* VTech could face an in-depth merger investigation over competition concerns arising from its completed merger with LeapFrog. VTech Holdings Ltd (VTech) and LeapFrog Enterprises Inc (LeapFrog) are 2 of the 3 largest suppliers of (...)

The EU Commission opens an in-depth investigation concerning a merger on the chemical products market (Dow / DuPont)
DG COMP (Brussels)
Mergers: Commission opens in-depth investigation into proposed merger between Dow and DuPont* The Commission has opened an in-depth probe to assess whether the proposed merger of Dow and DuPont is in line with the EU Merger Regulation. The Commission will investigate further whether the deal (...)

The EU Commission clears merger, subject to remedies, in the lifting equipment market (Konecranes / Terex)
DG COMP (Brussels)
Mergers: Commission approves Konecranes’ acquisition of Terex’s crane and container handling business, subject to conditions* The European Commission has cleared under the EU Merger Regulation the acquisition by Konecranes of Terex’s crane and container handling business, MHPS. The decision is (...)

The EU Commission clears a merger, subject to remedies, in the pharmaceutical sector (Boehringer Ingelheim /Sanofi)
DG COMP (Brussels)
Mergers: Commission clears acquisition of Boehringer Ingelheim’s consumer health business by Sanofi, subject to conditions* The European Commission has approved under the EU Merger Regulation the proposed acquisition of the consumer health business of Germany’s Boehringer Ingelheim by Sanofi of (...)

The EU Commission clears acquisition that creates global number two animal health company, subject to fix-it-first remedy including a technology transfer of vaccines (Boehringer Ingelheim / Sanofi Animal Health)
DG COMP (Brussels)
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DG COMP (Brussels)
Boehringer Ingelheim/Sanofi Animal Health - The timely injection of a fix-itfirst remedy* In a nutshell: The acquisition of Sanofi’s animal health business by Boehringer Ingelheim led to competition concerns in a number of animal vaccine and pharmaceutical markets. The remedy put forward (...)

The EU Commission clears a merger, subject to remedies, on the telecommunication market and rejects a referral request issued by the Dutch competition authority (Vodafone / Liberty Global)
DG COMP (Brussels)
Mergers: Commission clears Vodafone/Liberty Global telecoms joint venture, subject to conditions; rejects referral request by Dutch competition authority* The European Commission has cleared under the EU Merger Regulation the proposed creation of a joint venture in the Netherlands by mobile (...)

The EU Commission conditionally clears the creation of a joint venture between two mobile telecom operators (Vodafone / Liberty Global)
Van Bael & Bellis (Brussels)
On 3 August 2016, the European Commission conditionally cleared the creation of a joint venture between mobile telecom operator Vodafone and cable company Liberty Global in the Netherlands. The joint venture will offer unified communications services and will compete with KPN, the only other (...)

The German Competition Authority informs that the merger of long-distance bus operators will not be examined (Flix Mobility / Deutsche Post Mobility)
German Competition Authority (Bonn)
The Bundeskartellamt clarifies: Merger of long-distance bus operators not examined by the Bundeskartellamt* Today FlixMobility GmbH (known as "FlixBus“), Munich, announced its takeover of the long-distance bus business of Deutsche Post Mobility GmbH (known as "Postbus“), Bonn. The (...)

The US FTC annonces increasing of the civil penalties for violations of the Clayton act
Baker McKenzie (Chicago)
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Baker McKenzie
The Federal Trade Commission announced that, effective on August 1, 2016, the civil penalties for the following violations will be increased as follows: • Section 7A(g)(1) of the Clayton Act, 15 U.S.C. 18a(g)(1)(premerger filing notification violations under the Hart-Scott- Rodino (HSR) (...)

The Indian Competition Authority approves a merger and amalgamation between two insurance companies (L&T General Insurance / HDFC Ergo)
Vaish Associates, Advocates (New Delhi)
CCI approves acquisition and amalgamation between HDFC Ergo and L&T* The proposed combination relates to acquisition of 100% shareholding in L&T General Insurance Company Limited (“LTGI”) by HDFC Ergo General Insurance Company Limited (“HDFC Ergo”) from Larsen and Toubro (L&T). (...)

State Aid

The EU Commission finds that Ireland granted undue tax benefits to a US leading multinational technology company (Apple)
DG COMP (Brussels)
State aid: Ireland gave illegal tax benefits to Apple worth up to €13 billion* The European Commission has concluded that Ireland granted undue tax benefits of up to €13 billion to Apple. This is illegal under EU state aid rules, because it allowed Apple to pay substantially less tax than other (...)

The EU Commission declares Irish tax rulings favouring an undertaking to be contrary to State aid provisions (Apple)
Van Bael & Bellis (Brussels)
On 30 August 2016, the European Commission announced its decision finding that Ireland has granted selective tax advantages to Apple. According to the press release of the Commission, the two tax rulings at stake issued by Ireland to Apple substantially and artificially lowered the tax paid by (...)

The EU Commission concludes Ireland granted undue tax benefits to a multinational technology company (Apple)
DG COMP (Brussels)
State aid: Ireland gave illegal tax benefits to Apple worth up to €13 billion* The European Commission has concluded that Ireland granted undue tax benefits of up to €13 billion to Apple. This is illegal under EU state aid rules, because it allowed Apple to pay substantially less tax than other (...)

Procedures

The US DOJ and FTC issue proposed update of Antitrust Guidelines for the licensing of IP
Weil, Gotshal & Manges (Washington)
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Weil, Gotshal & Manges (New York)
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Weil, Gotshal & Manges (New York)
DOJ, FTC issues proposed update of Antitrust-IP Guidelines* On August 12, 2016, the Department of Justice and Federal Trade Commission released a proposed update of their Antitrust Guidelines for the Licensing of Intellectual Property. While the agencies reinforced many of the existing (...)

The Indian Competition Appellate Tribunal (COMPAT) rules that in an abuse of dominance appeal the appellant is responsible for providing evidence of alleged dominance (Ravinder Kaur Sethi / DLF Universal)
Vaish Associates, Advocates (New Delhi)
COMPAT: Upheld CCI Order that onus to produce data to prove alleged dominant position lay upon the Informant* COMPAT by its order dated August 9, 2016 has upheld order of CCI whereby it declined to order an investigation into the allegations of abuse of dominance by DLF Universal Limited and (...)

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