December 2015

Anticompetitive practices

The Polish Competition Authority issues a decision in a bid rigging case concerning tenders for bread delivery to public institutions applying the ’single continuous infringement’ EU case law (Natex / Dziewit)
WKB Wierciński Kwieciński Baehr (Warsaw)
By way of its decision no. RKR – 18/2015 of 30 December 2015, the Polish Competition Authority (Prezes Urzędu Ochrony Konkurencji i Konsumentów, the “PCA”) imposed a fine of over PLN 130,000 PLN (approx. EUR 30,000) on two bread delivery companies engaged in bid rigging, influencing the outcome of (...)

The Chinese NDRC fines shipping companies for price-fixing (EUKOR)
GeyerGorey (Washington)
China Fines 7 Shipping Companies $65 Million* Shipping cartels have been a frequent target of prosecution by the Antitrust Division of the United States Department of Justice. The rules around shipping cartels can be confusing because certain joint pricing activity can be legal and there are (...)

The Higher Regional Court of Frankfurt rules on restrictions on the use of online platforms and price comparison websites in a selective distribution system (Deuter)
Van Bael & Bellis
On 22 December 2015, the Higher Regional Court of Frankfurt (the “Court”) issued a ruling on appeal concerning the selective distribution system of Deuter, a producer of quality backpacks. The Court assessed two restrictions imposed by Deuter on the resellers belonging to its selective (...)

The Frankfurt Higher Regional Court holds that manufacturers of branded goods are entitled to prohibit authorised retailers in selective distribution agreements from distributing their goods via third-party online platforms (Markenrucksäcke / Branded Backpacks)
Hogan Lovells (Munich)
,
Freshfields Bruckhaus Deringer (Berlin)
I. The Facts The parties argue in a civil law proceeding whether a manufacturer could make the supply of goods to an authorised distributor in a selective distribution system subject to a contractual obligation not to resell goods via online sales platforms such as Amazon and advertise them via (...)

The UK Competition Appeal Tribunal hears the first damages claims since the entry into force of the Consumer Rights Act 2015 (NCRQ)
Collyer Bristow
On 22 December 2015, the Competition Appeal Tribunal (the “CAT”) announced the commencement of two damages actions which, according to its website , were only the second and third claims issued in the CAT since 1 October, when the Consumer Rights Act 2015 came into force seismically changing (...)

The Chinese State Administration for Industry & Commerce fines insurance companies for market sharing (Insurance companies case)
China Competition Bulletin
,
China Competition Bulletin
,
Hogan Lovells (Beijing)
Recently, the SAIC published the decisions of its local offices in Hubei and Jiangxi relating to market sharing agreements by insurance companies. Both decisions involved coinsurance arrangements relating to accidental injury insurance for the construction industry. Hubei The Hubei (...)

The Stockholm City Court fines three healthcare providers for cartel (Aleris / Capio / Hjärtkärlgruppen)
Swedish Competition Authority (Stockholm)
High cartel fines for health care providers* Three health care providers that collaborated unlawfully in the procurement of health care services in Stockholm were ordered by Stockholm City Court to pay around SEK 28 million in fines. “I am very satisfied with the court’s clear message that (...)

The Lithuanian Competition Authority announces that three cinema operators have implemented two separate cartel agreements (Forum Cinemas)
Lithuanian Competition Authority (Vilnius)
Lithuanian Competition Council detected two cartels by cinema operators* On December 18 Lithuanian Competition Council (KT) announced that three cinema operators, “Forum Cinemas“, “Multikino Lietuva“ and “Cinamon Operations“, had been fixing prices of cinema tickets as part of two separate cartel (...)

The District Court of Rotterdam annuls a penalty imposed to an association of undertakings, for making recommendations on the establishment of new general practitioners (LHV)
Nysingh (Zwolle)
On 17 December 2015, the District Court of Rotterdam (“Court”) annulled a penalty imposed to LHV for violating the Dutch cartel prohibition. The proceedings on appeal brought against the ACM-decision have been a major success for LHV. While in administrative appeal the fine was reduced by ACM (...)

The Hong Kong Competition Commission receives an application for a block exemption for liner shipping agreements (Hong Kong Liner Shipping Association)
GeyerGorey (Washington)
Hong Kong Shipping Association Seeks Liner Exemption* The Hong Kong Liner Shipping Association has submitted to the Hong Kong Competition Commission for consideration a block exemption for liner shipping agreements. The HK Commission gave interested parties until March 24 to comment on the (...)

The Latvian Competition Authority fines two hardware suppliers for a cartel agreement in a public procurement (Expert Digital / Hannu Digital)
Competition Council of Latvia
The CC fines Two Hardware Suppliers for Bid Rigging* On 16 December, the Competition Council (CC) of Latvia took a decision to fine two hardwire suppliers SIA Expert Digital and SIA SIA Hannu Digital for a cartel agreement in a public procurement. The fine was set in a total amount of 11 573 (...)

The EU General Court rules on appeals brought by several airlines against the Commission’s 2010 decision imposing fines totalling € 799 million for their alleged participation in a cartel (Airfreight cartel)
Van Bael & Bellis
On 16 December 2015, the EU General Court (“GC”) handed down its judgments on appeals brought by several airlines against the European Commission’s 2010 decision imposing fines totalling € 799 million on the airlines for their alleged participation in a cartel relating to airfreight services. The (...)

The Danish Competition Authority accepts commitments proposed by independent building surveyors putting end to competition concerns (Botjek)
Danish Competition and Consumer Authority (Copenhagen)
The Danish Competition Council has made Botjek A / S’ commitments binding* Botjek A/S has proposed commitments in order to ensure that the members of the Botjek chain are free to compete with each other to perform building condition reports, reports on the conditions of electrical installations (...)

The EU General Court annuls the Commission’s decision fining a number of cargo airlines for a price fixing cartel (Airfreight cartel)
Wiggin (London)
,
Quinn Emanuel Urquhart & Sullivan (Brussels)
,
Shearman & Sterling (Brussels)
The General Court annulled the airfreight decision adopted in November 2010 by which the European Commission fined a number of air freight carriers EUR 799 million for a price fixing cartel. According to the Court, the grounds of the decision and the operative part of the decision were (...)

The German Competition Authority welcomes the fact that car retailers can cooperate with intermediaries for new cars (Ford)
German Competition Authority
Car retailers can cooperate with intermediaries for new cars. Restrictions imposed by manufacturers lifted following Bundeskartellamt proceedings.* In the spring of this year the Bundeskartellamt initiated proceedings against the automobile manufacturers Ford, Opel and PSA Peugeot Citroën for (...)

The Competition Commission of India finds prima facie case for abuse of dominance and anti-competitive terms in technology licensing agreement (Mahyco Monsanto Biotech)
Tata Institute of Social Sciences
Background Reference from Ministry of Agriculture and separate complaint from Nuziveedu Seeds Ltd and certain other seed companies alleging abuse of dominant position and anti-competitive practices in Bt-cotton technology licensing process by Mahyco Monsanto Biotech (MMB) has led to this prima (...)

The French Competition Authority publishes a decision by which it fines two anticompetitive agreements in the delivery service sector (TLF)
French Competition Authority
Delivery service (transporting parcels) industry* Today, the Autorité de la concurrence issues a decision by which it fines two anticompetitive agreements in the delivery service industry for a total amount of 672.3 million euros: The principal agreement in question has been subject to a (...)

The Polish Competition Authority fines several companies for a price fixing agreement on the market of brand watches (Swatch)
Polish Competition Authority (Warsaw)
Poland’s competition Authority concludes proceeding on wristwatch market collusion* The Office of Competition and Consumer Protection (UOKiK) fines Swatch Group Polska and several retailers for entering into an illegal price setting agreement on a range of watch brands. Proceedings in the case (...)

The German Competition Authority fines three publishers of advertising newspapers for implementing anticompetitive agreements (Chemnitzer Verlag und Druck)
German Competition Authority
Three publishers of advertising newspapers in Saxony fined for illegal agreements* The Bundeskartellamt has imposed fines amounting to 12.44 million euros on three publishers of advertising newspapers and persons responsible in the Dresden and Chemnitz region. The companies are accused of (...)

The Polish Competition Authority imposes sanctions for retail price maintenance in the wristwatch distribution sector while announcing a new economic-based approach to vertical agreements (Swatch)
Hansberry Tomkiel
I. Introductory remarks In its decision no DOK 4/2015 of 8th December 2015 (the “Decision”,) the Polish Office for Competition and Consumer Protection (“Competition Authority”) sanctioned the Swatch Group (Polska) Sp. z o.o. (“SGP”) and four retail distributors of wristwatches. According to the (...)

The French Competition Authority announces the launch of a public consultation by the EU Commission on how to ensure that national competition authorities effectively enforce competition law and invites all relevant stakeholders to contribute
French Competition Authority
Launch of a public consultation by the European Commission* The European Commission has launched a public consultation on how to ensure that national competition authorities effectively enforce competition law. The Autorité de la concurrence invites all relevant stakeholders to contribute to (...)

The EU Commission confirms several unannounced inspections carried in the rail passenger transport market
European Commission - DG COMP (Brussels)
Antitrust: Commission confirms unannounced inspections in rail passenger transport sector* The European Commission can confirm that on 24 November 2015 its officials carried out unannounced inspections in the sector of rail passenger transport and related services in Austria. The Commission (...)

The Competition Commission of India fines a pharmaceutical laboratory and a pharmacists association for anticompetitive agreement (Alkem / AKCDA)
Chandhiok & Associates
On 1 December 2015 the Competition Commission of India (CCI/Commission) passed an order fining Alkem Laboratories Limited (Alkem) and the All Kerala Chemist and Druggist Association (AKCDA) for violation of the Competition Act, 2002 (Competition Act). The alleged conduct was held to be an (...)

Unilateral Practices

The Chinese National Development and Reform Commission and State Administration for Industry & Commerce release separate draft antitrust guidelines on the abuse of IP rights for public comment
China Competition Bulletin
,
China Competition Bulletin
,
Hogan Lovells (Beijing)
On 31 December 2015, the NDRC issued the Guideline on the Abuse of Intellectual Property Rights (Consultation draft) (NDRC draft IPR guideline) for public comment. The public consultation period ended on 20 January 2016. The NDRC provided an update on consultation process on 1 February 2016. It (...)

The Portuguese Competition Authority fines an association of pharmacists for abuse of dominance on the pharmacies’ commercial data market (ANF)
Portuguese Competition Authority (Lisbon)
The Portuguese Competition Authority fined ANF Group for abusing its dominant position* The Portuguese Competition Authority (PCA) has imposed fines of € 10.340.000 on ANF (Associação Nacional das Farmácias) and three companies of the ANF Group (Farminveste – S.G.P.S., S.A., Farminveste – (...)

The Estonian Competition Authority accepts commitment proposed by a vertically integrated electricity network operator to offer to all electricity suppliers the option of issuing joint invoices (Elektrilevi)
Sorainen (Tallinn)
With its 29 December 2015 decision, the Estonian Competition Authority (“ECA”) closed proceedings concerning an alleged abuse of dominance by the leading vertically integrated electricity network operator in Estonia, Elektrilevi OÜ. The proceedings were closed without a decision on whether a (...)

The Turkish Competition Authority rejects the complaint that agreements between a major IT company and a number of OEMs on the exclusive pre-installation of mobile apps on a mobile operating system infringed competition rules (Yandex / Google)
University of Sussex
This case note analyses the decision of the Turkish Competition Authority (TCA) in which it has rejected the complaint of a rival IT company, Yandex, that agreements of a major IT company, Google, with a number of original equipment manufacturers (OEMs) on the exclusive pre-installation of its (...)

The German Competition Authority prohibits the "best price" clauses implemented by a hotel online booking company (Booking.com)
German Competition Authority
Narrow ’best price’ clauses of Booking also anticompetitive* Today the Bundeskartellamt prohibited Booking (Booking.com Deutschland GmbH, Berlin, and Booking.com B.V., Amsterdam) from continuing to apply its ’best price’ clauses and ordered the hotel booking portal to completely delete the clauses (...)

The Dutch Competition Authority pronounces an order obliging a dominant postal service company to transmit its price list to its competitors (PostNL)
Netherlands Authority for Consumers & Markets (The Hague)
ACM: postal company PostNL must stop frustrating its competitors* Dutch postal company PostNL failed to share clearly with other postal companies part of its tariffs and conditions for mail delivery. Consequently, Van Straaten Post and Intrapost, two smaller rival postal companies, did not (...)

The EU Commission accepts commitments proposed by an electricity provider in order to open up the Bulgarian wholesale electricity market (Bulgarian Energy Holding)
European Commission - DG COMP (Brussels)
Antitrust: Commission accepts commitments by Bulgarian Energy Holding to open up Bulgarian wholesale electricity market* The European Commission has adopted a decision that renders legally binding the commitments offered by Bulgarian Energy Holding (BEH) to end competition restrictions on (...)

The US District Court for the Northern District of California receives joint filling closing over three years of patent and antitrust proceedings (Samsung / Apple)
DLA Piper
Samsung/Apple update: Samsung will pay $548 million in patent damages to Apple* On December 3, 2015 Samsung and Apple submitted a joint filing in which Samsung agreed to pay $548 million in patent damages to Apple to satisfy a partial judgment. In August 2012, a jury had awarded $ 1.05 (...)

The European Commission accepts the commitments proposed to end the competition restrictions on Bulgaria’s wholesale electricity market (Bulgarian Energy Holding)
Johnson & Johnson (Sofia)
On December 10, 2015 the European Commission accepted the commitments proposed by Bulgarian Energy Holding to open up the Bulgarian wholesale electricity market. The decision should lead to greater liberalization and transparency on the wholesale electricity market in Bulgaria, thus enhancing (...)

The Croatian Competition Authority concludes that a dominant company did not engage in predatory conduct and therefore did not abuse of its dominance in the postal services market (Hrvatska pošta)
Croatian Competition Agency
Hrvatska pošta was not engaged in predatory conduct and therefore did not abuse its dominant position* The Croatian Competition Agency (CCA) found that Hrvatska pošta (HP) did not distort competition in the provision of postal services concerning items of correspondence (so called universal (...)

The EU Commission sends two statements of objections to a mobile technology company on exclusivity payments and predatory pricing (Qualcomm)
European Commission - DG COMP (Brussels)
Antitrust: Commission sends two Statements of Objections on exclusivity payments and predatory pricing to Qualcomm* The Commission informed Qualcomm of its preliminary conclusions that the company may have illegally paid a major customer for exclusively using its chipsets and sold chipsets (...)

The Romanian Competition Authority fines an IT company for abuse of dominance on the inkjet printers business market (Hewlett-Packard)
Romanian Competition Council (Bucharest)
The Competition Council has sanctioned HP Romania for abuse of dominant position* The Competition Council has sanctioned Hewlett - Packard (HP) Romania with fine of lei 2,966,516 (approx. Euro 665,000) for abuse of dominant position. Following the investigation conducted, the Competition (...)

The Finnish Competition Authority stops its investigation concerning a suspected abuse of dominance in the rail freight transport market (VR-Group)
Finnish Competition and Consumer Authority (FCCA)
FCCA halts investigation into VR Group’s domestic freight transport* The Finnish Competition and Consumer Authority’s (FCCA) investigations provided no basis for continuing the investigation. In October 2012, Fenniarail Ltd (formerly Proxion) submitted a request for action, concerning VR-Group (...)

The Portuguese Competition Authority receives commitments from a car manufacturer ending competition concerns regarding motor vehicles warranties (SIVA)
Portuguese Competition Authority (Lisbon)
SIVA offers commitments to the Portuguese Competition Authority regarding motor vehicles warranties* The Portuguese Competition Authority has opened proceedings against SIVA – Sociedade de Importação de Veículos Automóveis, S.A., the Portuguese importer of Audi, Volkswagen and Skoda brands, for (...)

The Hungarian Competition Authority accepts commitments proposed by a softwares company suspected of abuse of dominance (Nielsen)
Hungarian Competition Authority (Budapest)
The GVH accepted the commitments offered by Nielsen* The Hungarian Competition Authority (Gazdasági Versenyhivatal, GVH) accepted the commitments offered by Nielsen Közönségmérés Kft. (Nielsen), pursuant to which in the future it will set the prices of its databases and of the related discounts (...)

The Hellenic Competition Authority fines a brewer for abuse of dominance on the Greek beer market (Athenian Brewery)
Hellenic Competition Authority (Athens)
Decision concerning an infringement of Articles 2 of the Competition Act and 102 TFEU by Athenian Brewery S.A. in the Greek beer market * Following an investigation (ex officio and upon a complaint by Mythos Brewery S.A.), the Hellenic Competition Commission found that Athenian Brewery S.A., a (...)

Mergers

The French Competition Authority clears a merger concerning several retail markets (Charentes Alliance / Coréa cooperatives)
French Competition Authority
Autorité de la Concurrence authorises the merger between the Charentes Alliance and Coréa cooperatives* On December 23rd 2015, the Charentes Alliance and Coréa cooperatives notified the Autorité that their organisations were planning to merge. Having undertaken a detailed analysis of the local (...)

The EU Commission clears a merger subject to remedies in the market of heating products (Elster / Honeywell)
European Commission - DG COMP (Brussels)
Mergers: Commission approves acquisition of Elster by Honeywell, subject to conditions* The European Commission has approved under the EU Merger Regulation the proposed acquisition of Elster by Honeywell, subject to divestment of Honeywell’s gas metering business. The activities of the Elster (...)

The UK Supreme Court overturns the Competition Appeals Tribunal judgment on whether acquisition of assets upon liquidation is subject to merger control (EuroTunnel)
Blackstone Chambers
Asset acquisitions and mergers: Eurotunnel in the Supreme Court*The Supreme Court’s recent decision in Eurotunnel II ([2015] UKHL 75) brings some much-needed clarity to what was becoming a rather opaque corner of the UK merger regime. It also contains statements of general principle which are (...)

The UK Competition Authority opens an in-depth investigation regarding a merger in the computer-based testing sector after considering proposed remedies to be insufficient (Pearson / Learndirect)
UK Competition and Markets Authority (CMA)
CMA refers computer-based testing merger for in-depth investigation* The CMA has referred Pearson VUE’s anticipated acquisition of learndirect’s computer-based testing business for a phase 2 investigation. Earlier this month, the Competition and Markets Authority (CMA) said that it would refer (...)

The UK Supreme Court confirms the CMA’s decision to treat an acquisition of 3 ferries and related assets as a merger (Eurotunnel / SeaFrance / MyFerryLink)
UK Competition and Markets Authority (CMA)
CMA welcomes Supreme Court judgment in Eurotunnel case* The CMA has welcomed the judgment by the Supreme Court to uphold its appeal in the Eurotunnel case. In the judgment handed down today, the Supreme Court has ruled that the Competition and Markets Authority (CMA) took the correct approach (...)

The EU Commission clears a merger in the market of commodity traders (Nyrstar / Trafigura)
European Commission - DG COMP (Brussels)
Mergers: Commission clears Trafigura’s acquisition of de facto sole control of Nyrstar* The European Commission has approved under the EU Merger Regulation the acquisition of sole control of Nyrstar of Belgium by Trafigura of the Netherlands. Trafigura is one of the world’s leading independent (...)

The UK Competition Authority opens an in-depth investigation concerning a merger in the pharmacy sector (Sainsbury / Celesio)
UK Competition and Markets Authority (CMA)
Pharmacy merger faces in-depth investigation* Celesio’s anticipated acquisition of Sainsbury’s pharmacy business faces being referred for an in-depth investigation by the CMA. Celesio AG (Celesio), through its subsidiary Lloyds Pharmacy Limited (Lloyds), operates 1,542 pharmacies across the UK, (...)

The Italian Competition Authority conditionally clears a merger between two major ferry operators (Onorato Partcipazioni-Newco / Moby-Compagnia Italiana di Navigazione)
Desogus Law Office
Introduction By the decision made on 10 December 2015 in Onorato Partcipazioni-Newco/Moby-Compagnia Italiana di Navigazione (OP/Moby-CIN), the Italian Competition Authority (ICA) has conditionally cleared a concentration involving two major ferry operators active on maritime routes connecting (...)

The French Competition Authority clears, subject to remedies, a merger in the fast food market (Quick / Burger King)
French Competition Authority
The Autorité de la concurrence clears the acquisition of Quick by Burger King, subject to commitments.* On 4 November 2015, Burger King France notified to the Autorité de la concurrence the acquisition of sole control of the Quick group. Burger King France operates a network of thirty (...)

The Indian Competition Authority clears an acquisition of minority shareholdings in the insurance sector (FAL / ICICI Lombard)
Economic Laws Practice
,
Economic Laws Practice
Introduction A notification was filed by FAL Corporation (“FAL”) under Section 6(2) of the Competition Act, 2002 (“Act”), pursuant to execution of an agreement amending the Joint Venture Agreement entered between FAL and ICICI Bank Limited (“ICICI”), in relation to its acquisition of additional 9% (...)

The Indian Competition Authority clears a an acquisition of minority shareholdings in the Insurance sector (FAL / ICICI Lombard)
Economic Laws Practice
,
Economic Laws Practice
Introduction A notification was filed by FAL Corporation (“FAL”) under Section 6(2) of the Competition Act, 2002 (“Act”), pursuant to execution of an agreement amending the Joint Venture Agreement entered between FAL and ICICI Bank Limited (“ICICI”), in relation to its acquisition of additional 9% (...)

The German Competition Authority clears a possible takeover in the rental of residential properties market (Deutsche Wohnen / Vonovia)
German Competition Authority
Bundeskartellamt clears possible takeover of Deutsche Wohnen by Vonovia* In first phase proceedings the Bundeskartellamt has cleared plans by Vonovia SE, Düsseldorf, to acquire all the shares in Deutsche Wohnen AG, Frankfurt am Main, by way of a public takeover bid. The project affects a number (...)

The US FTC challenges office supplies merger, focusing exclusively on the business-to-business market (Staples / Office Depot)
Constantine Cannon (Washington)
FTC Moves To Break Up Staples Office Depot Merger* The Federal Trade Commission filed an administrative complaint yesterday seeking to block Staples, Inc.’s proposed $6.3 billion acquisition of rival Office Depot, Inc., claiming the merger would violate the antitrust laws by significantly (...)

The EU Commission pursues its in-depth investigation on a merger in the mobile telecommunications services market without referral to the UK NCA (Hutchison / Telefónica UK)
European Commission - DG COMP (Brussels)
Mergers: Commission continues investigation of Hutchison 3G /Telefónica UK merger without referral to UK* Commission does not refer investigation of Hutchison/Telefónica UK merger to UK The European Commission has decided not to refer the planned acquisition of Telefónica UKby Hutchison to the (...)

The EU Commission clears a merger, subject to remedies, on the market of chemicals for the mining industry (Solvay / Cytec)
European Commission - DG COMP (Brussels)
The EU Commission clears a merger, subject to remedies, on the market of the chemicals for the mining industry (Solvay / Cytec)* The European Commission has approved under the EU Merger Regulation the proposed acquisition of Cytec by Solvay. The decision is conditional on Solvay’s divestment (...)

The German Competition Authority clears a merger in the online advertising sector (Ströer / OMS)
German Competition Authority
Clearance of takeover by Ströer of online marketing company OMS* In first phase proceedings the Bundeskartellamt has cleared plans by Ströer SE, Cologne, to acquire all the shares in OMS-Vermarktungs GmbH & Co. KG, Düsseldorf. The merger project affects the online advertising sector. Andreas (...)

State Aid

The EU General Court annuls a Commission’s decision finding Spain’s tax lease system illegal State aid (Spanish Tax Lease Case)
European Court of Justice
The Spanish tax lease case: Identifying the beneficiary under the selectivity test in Fiscal aid schemes*In its judgment of 17 December 2015, Spain a.o./Commission the General Court once again annulled a Commission decision dealing with a fiscal State aid scheme on the grounds that the (...)

The EU General Court annuls a Commission’s decision finding a Spanish Tax illegal (Spanish Tax Lease System)
Van Bael & Bellis (Brussels)
On 17 December 2015, the General Court (“GC”) handed down its judgment in joined cases T-515/13, Spain v Commission and T-719/13, Lico Leasing SA and Pequeños y Medianos Astilleros Sociedad de Reconversión SA v Commission annulling a 2013 European Commission decision which had found that the (...)

The EU General Court annuls the Commission’s decision declaring the Spanish tax lease system as an illegal state aid (Spanish Tax Lease)
Linklaters (Madrid)
1. Introduction On July 2011 the Commission launched an investigation into a Spanish scheme for the purchase of ships involving leasing and financing through tax relief. The complex scheme granted company income tax discounts to investors that invested in an Economic Interest Grouping (“EIG”) (...)

The EU Commission opens a formal investigation concerning undue tax benefits potentially granted by Luxembourg to a fast food restaurant chain (McDonald’s)
European Commission - DG COMP (Brussels)
State aid: Commission opens formal investigation into Luxembourg’s tax treatment of McDonald’s* The Commission has opened a formal probe into Luxembourg’s tax treatment of McDonald’s.Its preliminary view is that a tax ruling granted by Luxembourg may have granted McDonald’s an advantageous tax (...)

Procedures

The UK High Court allows a plaintiff to amend its claim and introduce pleas on the counterfactual which were not originally included in the complaint to the European Commission (Deutsche Bahn / MasterCard)
Blackstone Chambers
Illegal counterfactuals: bringing in new claims by the backdoor?*It is fairly well-established in competition cases that the hypothetical counterfactual – which, for the purposes of causation, posits what the situation would have been absent any breach of competition law – cannot contain unlawful (...)

The Indian Competition Appeal Tribunal sets aside cartel fines against cement companies (Cement Cartel Case)
Vinod Dhall and Talwar Thakore & Associates
COMPAT sets aside cartel fines against cement companies* The most significant cartel development of 2015 happened to come right at the end. On 11 December 2015, the Competition Appellate Tribunal (COMPAT) set aside an order of the CCI imposing fines amounting to approx. USD 945.4 million on 11 (...)

Regulatory

The French Competition Authority publishes an opinion regarding the implementation of a new online taxi reservation platform (Le.taxi)
French Competition Authority
The Autorité has published the opinion issued to the Government on the implementation of the Le.taxi platform* Following publication of the texts launching the Le.taxi service, the Autorité de la concurrence has published the opinion it issued to the Government. Subject to compliance with a (...)

The Estonian Competition Authority issues proposal on the establishment of pharmacies and the prohibition of connection with wholesale sellers to medicinal products
Estonian Competition Authority (Tallinn)
New restrictions on establishment of pharmacies significantly harm free competition* The Estonian Competition Authority made a proposal for revision of the pharmacist-owner requirement and the prohibition of connection with wholesale sellers to medicinal products, and for annulment of the (...)

The UK and Italian Competition Authorities take position on regulatory measures for online transport platforms (Uber)
Stanford University - Stanford Law School
National Competition Authorities take position on regulatory measures for online transport platforms* In May 2015, the European Commission committed to assess the role of online transportation platforms, such as Uber, as it launched a public consultation to better understand the social and (...)

All issues

  • Latest News issue 
  • All News issues
  • Latest Special issue 
  • All Special issues