August 2017

Anticompetitive practices

The U.S. DOJ announces that an e-commerce company and its president have agreed to plead guilty to participating in a price-fixing conspiracy (Zaappaaz)
Jones Day (San Francisco)
Jones Day (San Francisco)
Background Texas-based e-commerce company Zaappaaz, Inc.—doing business as WB Promotions, Inc.,, and—and its president both agreed to plead guilty to conspiring to fix prices for customized promotional products sold online in the United States, including (...)

The Hellenic Competition Authority fines undertakings active in the construction sector (AKTOR)
Hellenic Competition Authority (Athens)
Settlement Procedure - Infringement decision with fines addressed to undertakings active in the construction sector regarding infringements of Article 1 of the Greek Competition Act and Article 101 TFEU* The Hellenic Competition Commission (HCC), by unanimous decision, found that fifteen (15) (...)

The Chinese NRDC fines several industry associations for price-fixing (Paper manufacturers and Power compagnies)
Jones Day (Beijing)
Jones Day (Beijing)
Historically, most industry associations in China were quasi-governmental and served as forums through which member companies coordinated their activities, in some cases including price-setting. For this reason, anticompetitive behavior through industry associations is even more of a salient (...)

Unilateral Practices

The Dutch Competition Authority, after its market study into online video platforms, finds no dominant market power among online video streaming platforms (Youtube)
Netherlands Authority for Consumers & Markets (The Hague)
No dominant market power among online video streaming platforms* The Netherlands Authority for Consumers and Markets (ACM) has conducted a market study into online video platforms such as YouTube, Facebook, Netflix, and Dumpert. ACM did not find any indications for anticompetitive risks on the (...)

The Turkish Competition Authority decides that a worldwide manufacturer of luxury sunglasses abused its dominant position by granting rebates and resorting to other exclusionary practices (Luxottica)
University of Sussex
This case note analyses the decision of the Turkish Competition Authority (TCA) in which it has decided that the worldwide manufacturer of luxury sunglasses, Luxottica, abused its dominant position it held in the market for the wholesale of branded sunglasses by its rebate schemes which include (...)


The Italian administration changes merger notification thresholds
Shearman & Sterling (Rome)
After 894 days of discussion, the Italian Parliament has approved, on 2 August 2017, what should be the “annual” competition act — a series of measures that should be adopted on a yearly basis to promote competition. Among the disparate set of measures contained in the new law, concerning a range (...)

State Aid

The EU Commission refers Ireland to the Court of Justice of the EU for failing to recover illegal tax benefits (Apple)
Gomez Acebo & Pombo (Brussels)
The European Commission has referred Ireland to the Court of Justice of the EU for failing to comply with its Decision of 30 August 2017. In the said decision, the Commission established that Ireland had granted certain tax benefits to Apple allowing the la er to pay substantially less tax (...)


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