August 2017

Anticompetitive practices

The Moldovan Competition Authority fines several undertakings for collusion in a public tender for road works (Ecosem / Irinda Prim / Litarcom)
Faculty of Law - University of Macau
On 24 August 2017 the Competition Council (CC) discovered the price-fixing cartel in the form of bid rigging at public tender for acquisition of road construction and repairs works announced by the state-owned enterprise. The fines imposed on undertakings involved were calculated taking into (...)

The Turkish Competition Board concludes its ready-mixed concrete investigation with no fines (Çimbeton)
ELIG, Attorneys-at-Law (Istanbul)
The Competition Board launched a fully-fledged investigation into 10 ready-mixed concrete companies active in the city of Izmir, which had been accused of undertaking a concerted practice for three months and thus violating Article 4 of Law 4054. Following a 16-month investigation, on August 22 (...)

The Turkish Competition Board publishes its reasoned decision on the preliminary investigation on the allegations that a white goods manufactuer restricted online sales of its dealers (BSH)
ELIG, Attorneys-at-Law (Istanbul)
ELIG, Attorneys-at-Law (Istanbul)
This case summary includes an analysis of the Turkish Competition Board’s (“Board”) BSH decision (22.08.2017; 17-27/454-195). The Board reviewed the allegations put forward by Ersan Pazarlama Tic. Ltd. Şti. (“Ersan Pazarlama”) against BSH Ev Aletleri Sanayi ve Ticaret A.Ş. (“BSH”). The Board assessed (...)

The Hong Kong Competition Commission launches proceedings before the Competition Tribunal against ten construction and engineering undertakings accused of cartel (Sun Spark)
Hong Kong Competition Commission
Competition Commission takes market sharing and price fixing case to Competition Tribunal* The Competition Commission (Commission) has today commenced proceedings in the Competition Tribunal (Tribunal) against ten construction and engineering companies, namely W. Hing Construction Company (...)

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 (...)



The Moldovan Competition Authority holds the government accountable for the anti-competitive actions of a State-owned enterprise (Ministry of Finance / Loteria Națională a Moldovei)
Faculty of Law - University of Macau
On 24 August 2017 the Competition Council (CC) held that the Ministry of Finance has violated competition law by endorsing the decision of the state-owned enterprise to accord favorable treatment to a private company in the gaming market. In 2014 the CC has commenced an investigation into the (...)

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