February 2012

Anticompetitive practices

The Danish Competition Authority clears conditionally a case concerning a horizontal production agreement in the mobile telecommunications sector (Telia / Telenor)
Danish Competition and Consumer Authority (Copenhagen)
Radio Access Network sharing agreement between Telia Denmark A/S and Telenor A/S* On February 29 2012 the Danish Competition Council (DCC) cleared a case concerning a horizontal production agreement in the mobile telecommunications sector. The clearance is subject to conditions. Telia Denmark (...)

The Danish Competition Council accepts commitments in relation to a Radio Access Network sharing agreement between two telecom operators (Telia/Telenor)
Danish Competition and Consumer Authority (Copenhagen)
On 29 February 2012, the Danish Competition Council accepted commitments offered by two Nordic telecom operators in connection with a notification of an agreement by which the two telecom operators combined their respective Radio Access Network in a joint venture. Background Telia Sonera AB (...)

The Danish Competition Council decides that it has no grounds for action concerning a horizontal production agreement between mobile operators (Telia Denmark, Telenor)
European Commission
Denmark: Network Sharing Agreement in Danish Mobile Telecommunications Sector* On 29 February 2012, the Danish Competition Council (DCC) decided that it had no grounds for action in a case concerning a horizontal production agreement between the mobile operators Telia Denmark and Telenor A/S. (...)

The Competition Authority of Bosnia & Herzegovina addresses anti-competitive regulations in the regional market for medicines reimbursed under national health insurance system (Cantonal Government of Zenica-Doboj and the Cantonal Health Insurance Office of Zenica-Doboj)
University of Technology (Tallinn)
On 28 February 2012 the Competition Authority of Bosnia & Herzegovina (KV) established that the Cantonal Government of Zenica-Doboj (Ze-Do Government) and the Cantonal Health Insurance Office of Zenica-Doboj (Ze-Do Office) by adopting a series of sector-specific regulations have restricted (...)

Belgian Cassation Court confirms lower courts’ rulings that appreciable affectation of competition and of trade between member states as required by Article 101 TFEU can be treated implicitly without failing to meet the required burden of proof (Fiat / Fortis Bank and TCI Auto Service)
Stibbe (Brussels)
BE32 Fiat Group Automobiles v Fortis Banque and TCI Auto 24.02.12 Belgian Supreme Court I. The facts On 15 September 1993, an exclusive motor vehicle distribution agreement was signed between Fiat Group Automobiles Belgium NV and TCI Auto Service NV, as a result of which TCI was granted the (...)

The Competition Commission of India fines 48 LPG cylinder manufacturers for engaging in bid-rigging in a tender for supply to oil corporation (IOCL)
Shardul Amarchand Mangaldas & Co (New Delhi)
SUMMARY In tendering for the supply of LPG cylinders to the Indian Oil Corporation Ltd., 48 manufacturers were found by the CCI to have quoted identical or similar rates, and to have bid collectively for particular territories, after reaching an agreement between themselves. The CCI fined each (...)

A Swedish court imposes fines on coach companies for price coordination, market restriction and market sharing (Coach Cartel Case)
Administrative Court of Appeal (Gothenburg, Sweden)
Introduction The judgment of Stockholm District Court ("the Court") in the coach cartel case was delivered on 24 February 2012. The two largest coach companies in Sweden were found to have restricted competition between 2007 and 2009 on the market for coach package tours to Europe through (...)

The Paris Court of Appeal rules on the concept of restriction by object and quashes a major decision of the French Competition Authority which had imposed a €385 million fine on 11 French Banks ("French Banks case")
Herbert Smith Freehills (Paris)
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White & Case (Paris)
On 23 February 2012, the Paris Court of Appeal overturned a widely publicised decision of the French Competition Authority ("FCA"), which had imposed fines totalling €385 million on 11 French banks including the Banque de France in relation to interbank fees. Background The case centres on an (...)

The Spanish Competition Authority fines the maritime transport companies operating in the Balearic Islands for participating in a cartel (Balearia Eurolineas, Maritimas, Compania Trasmediterranea and Islena Maritima de Contenedores)
University of Castilla-La-Mancha (UCLM)
The Spanish National Competition Commission has imposed fines of more than 54 million euros on the companies Transmediterránea, Balearia, Isleña Marítima de Contenedores, Sercomisa and Mediterránea Pitiusa for having participated in a cartel on the maritime passenger transport lines for cargo and (...)

The Croatian High Administrative Court rules on the compatibility of a selective distribution network in the automobile sector with the block exemption regulation (Sanabilis Citroen)
University of Technology (Tallinn)
On 22 February 2012 the High Administrative Court (VUS) upheld the decision of the Croatian Competition Authority (AZTN), which found no anti-competitive practices in the distribution of Citroen automobiles in Croatia. The exclusive importer of Citroen automobiles in Croatia Citroen Hrvatska (...)

The Italian Competition Authority fines maritime agents’ cartel (Portual Commission of Assagenti)
European Commission
Italy: The Italian Competition Authority fines Maritime Agents’ Cartel* On 22 February 2012, the ICA concluded an investigation triggered by a leniency application concerning a cartel in the market for maritime agency services provided in the port of Genoa. Fines totalling more than € 4 000 000 (...)

The Italian Competition Authority fines 15 shipping agents firms and two trade associations for a cartel at the port of Genoa (Servizi di Agenzia Marittima)
Desogus Law Office (Cagliari)
By a decision taken on 22 February 2012 the Italian Competition Authority (ICA) has fined 15 firms and two trade associations for taking part in a secret cartel having as object the fixing of the fees charged by the shipping agents of the port of Genoa. The facts of the case In May 2010 the (...)

The Italian Competition Authority finds 15 shipping agencies and 2 trade associations to have infringed Art. 101 TFEU (Shipping agencies services)
Bonelli Erede Pappalardo (Rome)
By its Decision adopted on 22 February 2012, the Italian Competition Authority (“ICA”) fined 15 shipping agencies and 2 trade associations approximately EUR 4 million for breach of Article 101 TFEE. On the grounds of the leniency applications submitted by two shipping companies (i.e., Mersk and (...)

The Finnish Competition Authority warns of increased scrutiny of cartels
Van Bael & Bellis
On 20 February 2012, the Finnish Competition Authority (“FCA”) announced that it is enhancing its scrutiny of cartels. The authority has in particular bolstered its recruitment of antitrust officials, who will primarily focus on cartel enforcement. Furthermore, the FCA is tightening (...)

The EU Court of Justice rules on the division of competencies between the national and the supranational enforcers of competition law in relation to a worldwide cartel on the market for gas insulated switchgear (Toshiba)
ClientEarth (Bruxelles)
Delimitation of jurisdiction in competition law* What happens to the allocation of respective competences of the Commission and national competition authorities if an international cartel is implemented both in the EU and the Czech Republic before accession to the EU but action is taken after (...)

The Greek Competition Authority imposes fine for abuse of dominant position and anti-competitive practices in the salty snacks market (Food Tasty)
European Commission
Greece: The Competition Commission imposes Fine for Infringements of Articles 1 and 2 of Law 703/1977 as well as of Articles 101 and 102 TFEU in Salty Snacks Market * In its Decision No. 520/IV/2011 (published on 14 February 2012), the Grand Chamber of the Hellenic Competition Commission (HCC) (...)

The CJEU confirms the power of the Czech NCA to punish a pre-EU-accession cartel on the basis of Art. 101 TFEU (Toshiba)
Kinstellar (Prague)
Proceedings before the Commission On 2 August 2006, the European Commission (the “Commission”) initiated proceedings regarding an alleged breach of competition rules by numerous companies producing gas insulated switchgear (“GIS”) who entered into a worldwide bid-rigging agreement. The cartel (...)

The European Court of Justice renders a judgment on a Czech preliminary reference in the gas insulated switchgear case - Ruling’s likely implications on parallel proceedings within the ECN and on the principle of ne bis in idem (Toshiba)
European Commission - DG COMP (Brussels)
Upcoming judgment in case C-17/10 Toshiba and Others to shed light on the question of parallel proceedings within the ECN* On 14 February, the Court of Justice will deliver a ruling on a preliminary reference by a Czech Regional Court in Brno, which is likely to provide welcome guidance on the (...)

The French Competition Authority publishes framework document on competition compliance programmes and notice regarding its antitrust settlement procedure
European Commission
France: The Autorité de la concurrence publishes Framework Document on Competition Compliance Programmes and Notice regarding its Antitrust Settlement Procedure* Following a two-month public consultation, the Autorité de la concurrence (the Autorité) published on 10 February 2012 a framework (...)

The Higher Regional Court of Munich dismisses compensation claims of a parent company from its former subsidiary because of its participation in a cartel (Calciumcarbid)
Gleiss Lutz (Frankfurt)
In its judgement of 9 February 2012, the Higher Regional Court of Munich confirmed the decision of Regional Court of Munich of 13 July 2011, and dismissed the plaintiff’s appeal. Together with two other companies, the plaintiff was considered as one economic unit and was held jointly and (...)

A US District Court finds that a number of meetings related to drafting and implementing arbitration clauses was probative of an antitrust conspiracy (Currency Conversion Fee)
Sheppard Mullin (New York)
New York Federal Court Holds That Meetings Related To Drafting Arbitration Clauses May Be Probative Of Antitrust Conspiracy Despite Decision Makers’ Lack Of Knowledge* In In re Currency Conversion Fee Antitrust Litig., 2012 WL 401113 (S.D.N.Y. Feb. 8, 2012), Judge William H. Pauley III denied a (...)

The Hungarian Supreme Court pronounces a document acquired from an unspecified source as admissible in a bid rigging case concerning tenders published by the Municipality of Budapest for construction and renovation works
Hungarian Competition Law Research Centre
Facts The Hungarian Competition Office (HCO) established that the defendants engaged in bid-rigging concerning certain tenders published by the Municipality of Budapest for construction and renovation works (roads, bridges) and imposed fines. The key evidence was a hand-written document that (...)

The Hungarian Supreme Court confirms the Competition Authority decision on the road construction cartel (Strabag, Hidépit, Betonut, EGUT)
European Commission
Hungary: Road Construction Cartel Decision confirmed by the Curia* On 6 February 2012, the Curia of Hungary (Curia, previously known as the Supreme Court of Hungary) upheld the 2004 decision of the Gazdasági Versenyhivatal (GVH - Hungarian Competition Authority) – which found that the road (...)

A Chinese Intermediate People’s Court hears the first private litigation challenging vertical price-fixing (Johnson & Johnson)
Institute of American Studies
The J&J Vertical Price-Fixing Litigation in China* Johnson & Johnson Medical (China) Ltd. (‘J&J Medical’) and its Shanghai branch are sued in China for minimum resale price maintenance (RPM) by a Beijing-based distributor. This is the first private litigation that challenges RPM (...)

The EU Court of Justice upholds parental liability in acrylic glass and sodium chlorate cartel cases (Elf Aquitaine, Arkema, Total)
Van Bael & Bellis
In two recent orders, the European Court of Justice (“ECJ”) has reaffirmed the principles governing the liability of parent companies for the conduct of their wholly-owned subsidiaries, as established in Akzo Nobel. In the first order issued on 2 February 2012, the ECJ dismissed an (...)

The EU General Court issues decision holding two joint venture parents liable for cartel behavior of their 50/50 owned joint venture (Dow Chemical Company)
Hogan Lovells (Brussels)
Holding parents liable for 50/50 joint ventures* On 2 February 2012, the EU’s General Court issued two important judgments concerning the issue of whether joint venture parents can be held liable for the cartel behaviour of their 50-50 joint venture. In T-77/08 (Dow Chemical v Commission) and (...)

The EU General Court confirms Commission’s decision holding a parent company jointly and severally liable for cartel behavior of its 50/50 owned joint venture (EI Dupont de Nemours)
Hogan Lovells (Brussels)
Holding parents liable for 50/50 joint ventures* On 2 February 2012, the EU’s General Court issued two important judgments concerning the issue of whether joint venture parents can be held liable for the cartel behaviour of their 50-50 joint venture. In T-77/08 (Dow Chemical v Commission) and (...)

The EFTA Surveillance Authority fines a Norwegian ferry company for anti-competitive practices (Color Line)
European Commission
ESA: The EFTA Surveillance Authority fines Ferry Company Color Line € 18 800 000 for infringing EEA Competition Rules* In February 2012, the decision of the EFTA Surveillance Authority (the Authority) of 14 December 2011, fining the Norwegian ferry company Color Line for an infringement of (...)

Unilateral Practices

The Higher Regional Court of Karlsruhe preliminarily suspends the enforcement of a judgement since a non-acceptance of an offered license agreement would infringe Art. 102 TFEU (Lizenzvertragsangebot)
Gleiss Lutz (Frankfurt)
In its decision of 27 February 2012, the Higher Regional Court of Karlsruhe preliminarily suspended the enforcement of a previous judgement of the Regional Court of Mannheim. The court decided that the holder of the affected standard-essential patent cannot refuse a license agreement offered by (...)

The Spanish Competition Authority fines an energy operator for abuse of dominant position (Endesa)
European Commission
Spain: The Comisión de la Competencia (CNC) fines ENDESA for Abuse of Dominant Position* In its decision of 21 February 2012, the CNC Council ruled that Endesa Distribución Eléctrica S.A. (Endesa) committed two abuses of its dominant position on the electric installations market, thereby (...)

The Slovenian Competition Authority fines abuse of dominant position in mobile telecommunications market (Telekom Slovenije)
European Commission
Slovenia: The Competition Protection Office fines Abuse of Dominant Position in Mobile Telecommunications Market * On 13 February 2012, the Competition Protection Office of the Republic of Slovenia (CPO) issued a decision finding that Telekom Slovenije d.d. (previously Mobitel d.d., a (...)

The Latvian Competition Council imposes fines for discriminatory pricing concerning airport services (Riga International Airport)
Competition Council of Latvia
Riga International Airport Fined for Abuse of Dominant Position* On 10 February 2012, the Competition Council (CC) took a decision establishing that Riga International Airport (Airport) had abused its dominant position by charging to the Irish airline Ryanair substantially lower prices for (...)

The Latvian Competition Authority fines an airport for abuse of dominant position (Ryanair, airBaltic)
European Commission
Latvia: Riga International Airport fined for Abuse of Dominant Position* On 10 February 2012, the Competition Council (CC) took a decision establishing that Riga International Airport (Airport) had abused its dominant position by charging to the Irish airline Ryanair substantially lower prices (...)

The Spanish Competition Authority fines a distributor of of digital terrestrial television for margin squeeze (Abertis Telecom)
European Commission
Spain: The Comisión Nacional de la Competencia (CNC) fines Abertis Telecom S.A.U. for Margin Squeeze* On 8 February 2012, the CNC Council adopted a decision according to which ABERTIS TELECOM S.A.U. (Abertis) infringed Article 2 of the Spanish Competition Act and Article 102 TFEU by hindering (...)

Mergers

The Dutch Trade and Industry Appeal Tribunal confirms that the Competition Authority was wrong to fine a seller for failing to notify a transaction in time
Simmons & Simmons (Amsterdam)
The Trade and Industry Appeal Tribunal (College van Beroep voor het bedrijfsleven, the highest administrative court in the Netherlands) has ruled that the Dutch Competition Authority’s (NMa) standard practice of imposing fines on both the purchaser and the seller where a concentration subject to (...)

The US DoJ clears acquisition involving standards-essential patents relevant to wireless devices (Google / Motorola Mobility)
Stanford University - Stanford Law School
U.S. DOJ clears Google’s acquisition of Motorola Mobility and other transactions involving standards-essential patents* On 13 February 2012 the U.S. Department of Justice (“DOJ”) announced the closing of investigations concerning the acquisition of Motorola Mobility Holdings Inc. (“Motorola (...)

The US DoJ closes its investigation regarding the acquisition of patents and applications from leading smartphone hardware manufacturer (Google / Motorola Mobility)
Womerang
“Honor your commitments” - The patent gatekeeping problem after antitrust regulators in the United States and the European Union cleared Google’s acquisition of Motorola’s patent pool* On February 13, 2012, the Department of Justice’s Antitrust Division (the Division) announced its decision to (...)

The European Commission clears the acquisition of a smartphone and tablet manufacturer’s patent pool by a leading smartphone operating system developer (Google / Motorola Mobility)
Womerang
“Honor your commitments” - The patent gatekeeping problem after antitrust regulators in the United States and the European Union cleared Google’s acquisition of Motorola’s patent pool* On February 13, 2012, the Department of Justice’s Antitrust Division (the Division) announced its decision to (...)

The Chinese MOFCOM conditionally clears the establishment of a joint venture in the market for cyanoacrylate monomer (Henkel / Tiande)
China Competition Bulletin
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China Competition Bulletin
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Institute of American Studies
On 10 February 2012, MOFCOM announced that it had conditionally approved the establishment of a joint venture between Tiande Chemical Holdings Co., Ltd. (Tiande) and Henkel Hong Kong Holding Ltd (Henkel), a subsidiary of Henkel KGaA. The joint venture will be set up for the production of (...)

The French Competition Authority clears, subject to conditions, a merger in the electricity and gas supply markets (Electricité de Strasbourg / Enerest)
French Competition Authority
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence clears – subject to conditions – the acquisition of Enerest by Electricité de Strasbourg (EDF Group)*. Electricité de Strasbourg, a company owned 88.82% by EDF, is a local (...)

The UK Competition Commission gives a provisional clearance to the anticipated joint venture between in-flight catering services companies (Alpha Flight / LSG Lufthansa Service)
Herbert Smith Freehills (Brussels)
Introduction On 10 October 2011, the UK Office of Fair Trading (the «OFT«) referred the anticipated 50/50 joint venture between in-flight catering services companies Alpha Flight Group Limited («Alpha«) and LSG Lufthansa Service Holding AG («LSG«) to the Competition Commission (the «CC«), for an (...)

The EU Commission declares the concentration between two stock exchange operators to be incompatible with the internal market (NYSE Euronext / Deutsche Börse)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Quality of Evidence in Complex Merger Cases* The Commission published the text of its most recent prohibition decision in Deutsche Boerse / NYSE Euronext. The Decision is lengthy and the Commission appears to have formulated a response to most arguments proffered by the parties. However, a (...)

The EU Commission blocks a merger due to its potential effect on European financial derivatives traded on the stock exchange (NYSE Euronext / Deutsche Börse)
Mayer Brown (Paris)
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Greenberg Traurig (London)
,
Mayer Brown (Brussels)
On 1st February 2012, the European Commission adopted its decision prohibiting the USD 10.2 billion merger between Deutsche Börse (DB) and NYSE Euronext (NYSE). The decision is notable not the least because it is rare for the Commission to block a merger. Only 21 have been blocked compared (...)

The EU Commission blocks proposed merger of stock exchange groups as it would create a quasi-monopoly in the European exchange-traded derivatives industry (NYSE Euronext / Deutsche Börse)
Wolters Kluwer (Riverwoods)
Deutsche Börse and NYSE Euronext Blame “Narrow” Market Definition for EC’s Objection to Combination* Despite a U.S. Department of Justice decision to clear the deal, the European Commission (EC) today blocked the proposed merger of NYSE Euronext and Deutsche Börse. The EC determined that the (...)

State Aid

The EU General Court confirms the EU Commission’s decision ruling that the Province of Burgenland had granted State aid which was not compatible with the common market (Land Burgenland and Republic of Austria)
Trummer & Thomas
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Trummer & Thomas
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Borealis
I. Introduction On 28 February 2012 the General Court confirmed the European Commission’s (“Commission”) decision of 30 April 2008 and ruled that the Province of Burgenland had granted State aid to Grazer Wechselseitige Versicherung AG (“GRAWE”) which was not compatible with the common market. (...)

The EU Commission states that the reluctance of a forest company to conclude long-term contracts with other saw mills falls outside the scope of the Article 107 TFEU (Bavarian State Forest Enterprise)
College of Europe (Bruges)
Objectively Justified Pricing: The Market Economy Operator Principle* Introduction: Objective justification of price differentiation In a landmark judgment 25 years ago [February 1988], the Court of Justice established that business behaviour that appears to deviate from normal market (...)

Procedures

The Lisbon Commercial Court quashes the PCA’s abuse of dominant position infringement decision in the telecommunication circuit leasing case (PT Comunicações / PCA)
Portuguese Competition Authority (Lisbon)
1. The case, the PCA’s decision and the judgement of the court On 28 August 2008, the Portuguese Competition Authority (the “PCA”) found that PT Comunicações, S.A. (“PTC”), a subsidiary of the national telecommunications incumbent Portugal Telecom Group, had abused its dominant position, by means of (...)

The Croatian High Administrative Court upholds the infringement decision of the Competition Authority finding discriminatory pricing on the market for jet fuel supplied in Croatian airports (INA)
University of Technology (Tallinn)
On 9 February 2012 the Croatian High Administrative Court (VUS) upheld the infringement decision of the Croatian Competition Authority (AZTN) issued against the sole supplier of jet fuel JET A-1 in Croatian airports INA-Industrija nafte d.d. (INA) for an exploitative abuse of dominant position (...)

The Austrian Government concludes a public consultation on the proposal for amendments to the competition law regime
European Commission
Austria: Proposal for Amendment of Competition Law* On 29 February 2012, the public consultation on the proposal for amendments to the Austrian competition law regime was concluded: the evaluation of the comments is on-going. Following this process a revised proposal will be referred to the (...)

The President of Belarus vests the national competition authorities with unlimited powers to investigate businesses and increases fines for the antitrust law infringements (Presidential Decree N 114)
The Association for European Business (AEB)
Starting from March 2012, the Department of Pricing Policy of the Ministry of Economy of the Republic of Belarus and its local branches (“Competition Authorities” ) may carry out unannounced investigations of businesses irrespective of whether it is required by the law or not. These powers were (...)

The Lithuanian Competition Council fines a company for a failure to respond to the request for information during the investigation (Plungės duona)
Max Planck Institute for Innovation and Competition (Munchen)
On 21 September 2010 the Competition Council started the investigation on the allegedly anti-competitive agreements of some of the undertakings (including, UAB “Plungės duona”) active in the manufacturing and sale of foodstuffs and of their associations (Article 5 of the Law on Competition, (...)

The US Northern District Court of California recognizes indirect purchasers’ standing in cases where component products have little independent utility (Flat Panel Antitrust Litigation)
Cohen Milstein (Washington)
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Cohen Milstein (New York)
In re TFT-LCD (Flat Panel) Antitrust Litig., 2012 U.S. Dist. LEXIS 145935 (N.D. Cal. 2012) Even though many states have chosen to part company with federal antitrust laws by permitting antitrust standing for so-called "indirect purchasers" under state law — despite the holding of the Supreme (...)

The European Court of Justice rules on parallel enforcement under Regulation 1/2003 while declining to redefine ne bis in idem within the ECN (Toshiba)
University Paris Dauphine
I. Introduction 1.Against most expectations, the particularly awaited judgment of the EU Court of Justice (ECJ) in Toshiba, delivered in Grand Chamber on 14 February 2012 , did not provide a landmark ruling on the scope of the ne bis in idem principle (the European double jeopardy clause) in (...)

The Portuguese Constitutional Court confirms position of Competition Authority regarding oral hearings
European Commission
Portugal: The Constitutional Court confirms Position of Portuguese Competition Authority regarding Oral Hearings* On 8 February 2012, the Constitutional Court issued a ruling whereby it concluded that it is not unconstitutional to interpret article 26(2) of the Portuguese Competition Act in (...)

A Canadian Court of Appeal challenges over potentially defamatory language in website press release posting (TPG Technology Consulting Ltd and Donald Powell v Canada)
Canadian International Joint Commission
Introduction The Ontario Court of Appeal (the "court") said Canada’s Competition Bureau (the "Bureau"), which assists the Commissioner of Competition in the administration and enforcement of the Competition Act (the "Act"), used potentially defamatory language in a 2009 press release website (...)

An Italian administrative Court clarifies the boundaries of third parties’ right to access the file in antitrust matters (Alitalia)
Gatti Pavesi Bianchi
With its judgment of February 2, 2012, the Tribunale Amministrativo del Lazio (i.e. the lower Italian administrative Court which adjudicates appeals against decisions issued by the Autorità Garante della Concorrenza e del Mercato, «IAA«) clarified the boundaries of third parties’ right to access (...)

Regulatory

The Spanish Competition Authority fines multinational electric utility company more than € 10 M for unfair competition (Iberdrola)
University of Castilla-La-Mancha (UCLM)
The Spanish National Competition Commission has fined Iberdrola, the Spanish multinational electric utility company, 10,685,000 Euros for transferring customers from the distributor of last resort to the deregulated distributor without obtaining the customer’s express consent, as required by the (...)

The Portugal Competition Authority issues recommendation to mobile operators on prices of call origination to special services and non-geographic numbers (TMN, Vodafone, Optimus)
European Commission
Portugal: The Competition Authority issues Recommendation to Mobile Operators on Prices of Call Origination to Special Services and non-geographic Numbers* On 3 February 2012, the Portuguese Competition Authority (PCA) published a Recommendation No. 1/2012 addressed to the three national (...)

Public sector

The Spanish Central Administrative Tribunal of Contractual Appeals issues its first decision on treatment of confidential information in procurement debriefing (AIR-RAIL)
European Procurement Law Group
On 29 February 2012, the Spanish Central Administrative Tribunal of Contractual Appeals (Tribunal Administrativo Central de Recursos Contractuales, CATCA) issued its Decision 33/2012 regarding the treatment of confidential information and the protection of business secrets in tender debriefing (...)

A Swedish Administrative Court upholds decision on procurement fines following an illegal direct award of contracts for certain advertising services (Swedish Armed Forces)
Swedish Competition Authority (Stockholm)
Fines for the Swedish Armed Forces following improper procurement* The Swedish Armed Forces has been sentenced to pay procurement fines for an illegal direct award of contracts. In an application to the administrative court, the Swedish Competition Authority has demanded that the Swedish (...)

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