January 2011

Anticompetitive practices

The Hellenic Competition Commission dismisses the allegations of abuse of the relationship of economic dependency and anti-competitive behaviour launched by an office materials distributor against a leading office materials producer (Dakos/Brother International Europe)
University College London
The undertakings In 2008 ‘‘Dakos.S.A.’’ brought a complaint against ‘‘Brother International Europe Ltd’’ alleging breach of article 1(1) and 2(a) of Greek law 703/77 on the control of monopolies and oligopolies and the protection of free competition, as well as article 101 TFEU. The Hellenic (...)

The Hellenic Competition Commission dismisses a complaint by a local distributor against a producer of office equipment for violating article 101 of the TFEU (Dakos v. Brother International)
OECD - Competition Division (Paris)
On 31 January 2011 the Hellenic Competition Commission (“HCC”) issued a decision on a complaint against Brother International Europe Ltd. (“Brother”), a producer of office equipment, raised by Dakos A.E. (“Dakos”), a local company distributing Brother‘s products in the Greek market. According to the (...)

The Chinese State Administration for Industry and Commerce (SAIC) publishes details of decision issued by the local Administration for Industry and Commerce (AIC) in concrete market-sharing cartel (Concrete Committee cartel)
Linklaters (Beijing)
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Linklaters (Shanghai)
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Linklaters (London)
The State Administration for Industry and Commerce (“SAIC”) recently published on its website details of a case brought by the Administration for Industry & Commerce (“AIC”) of Jiangsu Province against a local construction materials and machinery association and its respective members for (...)

The Irish Competition Authority wins beef industry case (Beef Industry Development Society)
European Commission (Brussels)
* Article published in ECN Brief 01/2011. The original title of this article appears below the e-Competitions title. Please note that the ECN is not the actual "author" of this case summary, but the mere source. As mentioned by the ECN : "The information provided by the ECN Brief is for (...)

The French Competition Authority fines 14 companies 9 803 590 M € for having shared almost all public markets for the restoration of historic monuments
Commissariat a l’energie atomique et aux energies alternatives (CEA)
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I. Background Following the concern over an anomaly in the process of offers of the Regional Organisation for Cultural Affairs (DRAC) in the Haute-Normandie area on the 16th March 2001; an inquiry by the French Competition Authority (predecessor to the Competition Authority) was held into the (...)

The German Competition Authority imposes fine in the sector of paper plates (Feinpappenwerk Gebr. Schuster, Hebertshausen, Hosti International, Pfedelbach, CL Rick Produktionsgesellschaft, Schleiden)
Van Bael & Bellis (Brussels)
According to a press release of 25 January 2011, the German Federal Cartel Office (“FCO”) imposed a total fine of € 1 million for price fixing and customer allocation on five manufacturers and one wholesaler of paper plates, paper bowls, take-away bowls and paper cake trays. Representatives of the (...)

The Jiangsu State Administration for Industry and Commerce fines concrete manufacturer association for market allocation (Concrete Manufacturer Association of Lianyungang City)
University of Melbourne
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China Competition Bulletin (Beijing)
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Institute of American Studies
The Jiangsu Province Administration for Industry and Commerce, a local arm of SAIC, has penalised the Concrete Manufacturer Association of Lianyungang City for market sharing and fixing market shares. Officials at the Jiangsu Province Administration for Industry and Commerce said that, in (...)

The German Higher Regional Court Düsseldorf specifies the requirements for granting a compulsory license under antitrust law (Zwangslizenzeinwand)
Dentons (Berlin)
In its decision of 20 January 2011, the Higher Regional Court Düsseldorf (“OLG Düsseldorf“) specified the requirements for granting a compulsory license under antitrust law, resulting from Article 102 TFEU. The court thereby clarified the requirement of indispensability and the definition of a new (...)

The Spanish Competition Authority fines a professional association for anti-competitive arrangement (Asturias notaries’ association)
Van Bael & Bellis (Brussels)
On 20 January 2011, the Spanish Competition Authority fined the notaries’ association of the Asturias region for putting in place an anti-competitive arrangement in breach of the Spanish provision equivalent to Article 101 TFEU. In particular, the decision found that the notaries’ association (...)

The European Court of Justice issues a decision on a rubber chemicals cartel holding a parent company liable for the anticompetitive behaviour of its wholly-owned subsidiary and confirming that the presumption of parental liability is rebuttable (General Química)
Garrigues (Brussels)
The ECJ rules on parenthood (General Química v Commission)* The ECJ issued a Judgment yesterday in the General Química-Repsol case in which it partly upheld and partly annulled the General Court’s judgment dismissing the appeals against the Commission decision in the rubber chemicals cartel. In (...)

The Bulgarian Commission for the Protection of Competition adopts a decision for block exemption of certain categories of agreements from the prohibition under Art. 15 LPC
European Commission (Brussels)
Bulgaria: The Commission for the Protection of Competition (CPC) adopts a Decision for Block Exemption of certain Categories of Agreements from the Prohibition under Article 15 LPC* On 20 January 2011, the CPC adopted a Decision block exempting certain categories of agreements, decisions or (...)

The Lithuanian Competition Council imposes fines totalling € 854 205 on producers of orthopedic products and their association (Actualis, Idemus, Ortobatas)
European Commission (Brussels)
* Article published in ECN Brief 01/2011. The original title of this article appears below the e-Competitions title. Please note that the ECN is not the actual "author" of this case summary, but the mere source. As mentioned by the ECN : "The information provided by the ECN Brief is for (...)

The Chinese National Development and Reform Commission fines paper manufacturer association for price monopoly conduct (Paper Manufacturer Association of Fuyang City)
University of Melbourne
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China Competition Bulletin (Beijing)
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Institute of American Studies
In early January 2011, the NDRC announced that the Zhejiang Price Bureau, a local bureau of the NDRC, had fined the Paper Manufacturer Association of Fuyang City, Zhejiang Province, 500,000 yuan for price fixing and output restriction. The NDRC stated that it received a complaint about the (...)

The Portuguese Competition Authority fines the national association of parking companies for an unlawful decision to restrict competition (Associação Nacional de Empresas de Parques de Estacionamento)
Sérvulo & Associados
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Eduardo Paz Ferreira & Associados
On 19 January 2011, the Portuguese Competition Authority (PCA) announced, through press release 1/2011 and a Q&A report that it has imposed on the National Association of Parking Companies (ANEPE) a fine of € 1,971,397 for anticompetitive practices in the national market for the (...)

The UK Court of Appeal upholds a decision of the Competition Appeals Tribunal denying a claimant follow-on damages (Enron Coal Services/ English Welsh & Scottish Railway)
Francis Taylor Building
I. Overview In January 2011, the UK Court of Appeal (the “Court”) dismissed an appeal against a ruling of the UK Competition Appeal Tribunal (the “Tribunal”) that Enron Coal Services Ltd (“Enron”) was not entitled to follow on damages against English Welsh and Scottish Railway Ltd (“EWS”). The Court (...)

The French Competition Authority sanctions the three main container handling companies in the Reunion island for having agreed on the prices of their services (SAMR, Somacom & SGM Manutention)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité penalizes the three main container handling companies for having agreed on the prices of their services*. As it had indicated at the time of the publication of its two opinions relative to the (...)

The Canadian police arrests a man for alleged breach of a consent agreement involving unfair marketing practices (Strategic Ecomm and Matthew Hovila)
Canadian International Joint Commission
I. Introduction The long arm of Canadian competition law caught up with Matthew Hovila on 15 January 2011 when he was arrested for the operation of an alleged online job opportunities scam and breach of a consent agreement filed with the Competition Tribunal (the "Tribunal") pursuant to the (...)

The European Commission’s Guidelines establish conditions under which standardization agreements would normally fall outside the scope of Article 101(1) TFEU
Sidley Austin (Brussels)
Product Certification – The Next Big Standard-Setting Debate?* Introduction The smart phone wars have led to heated discussions over standard setting in technology markets. It seems only a question of time before the standard setting debate spills over into other areas. My personal candidate (...)

The European Commission publishes new guidelines on the applicability of article 101 TFEU to horizontal co-operation agreements
Cleary Gottlieb Steen & Hamilton (Brussels)
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Cleary Gottlieb Steen & Hamilton (London)
This article has been selected for the business category, anti-competitive practices section of the 2012 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On January 14, 2011, the European Commission (the “Commission”) published new Guidelines on the (...)

The European Commission issues new guidelines on horizontal co-operation agreements focusing on information exchanges under Art. 101 TFEU
University of South Australia
Information Exchange and Cartels – Dangerous Liaisons?* Are information exchanges really = cartels under EU competition law? The issue has triggered many discussions on the blog lately. I just thought I’d post my own ruminations on this. The Guidelines do not really say that information (...)

The European Commission issues new guidelines on the applicability of Art. 101 TFEU to horizontal co-operation agreements equating information exchanges between competitors with cartels
Garrigues (Brussels)
Information exchange=cartel?* Many have praised the inclusion of some guidance on exchanges of information within the new EU Guidelines on horizontal agreements. Personally, I agree with those arguing that guidance from the Commission was necessary, and I acknowledge that there are some useful (...)

The New York Supreme Court issues a decision on resale price maintenance in the mattress manufacturing sector applying the rule of reason standard (Tempur-Pedic International)
Wolters Kluwer (Riverwoods)
New York’s Challenge To Mattress Maker’s Resale Pricing Policy Fails* The State of New York was not entitled to an order enjoining mattress manufacturer Tempur-Pedic International, Inc. from restricting discounting by its authorized retailers, a New York state court has ruled. The New York (...)

The European Commission publishes a set of documents dealing with cooperation between competitors
Baker Botts (Brussels)
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Hogan Lovells (Washington)
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Office for Gas and Electricity Markets (OFGEM)
On 14 December 2010, the European Commission (the «Commission«) published a set of documents dealing with cooperation between competitors, comprised of guidelines on the applicability of Article 101 of the Treaty on the Functioning of the European Union («TFEU«) (the «EU Guidelines«) and two new (...)

The UK OFT negotiates an agreement limiting the exchange of pricing data among car insurers (Insurers Ageas Insurance, Aviva, AXA Insurance UK, Liverpool Victoria Friendly Society, RBS Insurance Group Limited, Royal Sun Alliance and Zurich Insurance)
Akin Gump Strauss Hauer & Feld (Washington)
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Bona Law (New York)
This article is the winner for business category, general antitrust section of the 2012 Antitrust Writing Awards. Click here to read more about the Antitrust Writing Awards. Summary Britain’s Office of Fair Trading (the UK consumer and competition authority) has negotiated an agreement that (...)

The UK OFT launches a consultation on its intention to accept binding commitments to modify a data exchange tool used by motor insurers
Vinge (Stockholm)
The European Commission’s revised Guidelines on Horizontal Cooperation have met with mixed reactions from practitioners and businesses, especially insofar as information exchange is concerned. However, a decision of the UK Office of Fair Trading (“OFT”) applying the new Guidelines gives a (...)

A Belgium criminal court fines a supermarket chain for misleading advertising due to the absence or limited availability of products subject to special promotion (Lidl)
UGGC Avocats (Brussels)
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Buyle Legal (Brussels)
I. Introduction In a judgment dated 12 January 2011, currently under appeal, the Ghent Criminal Court imposed a € 27,500 fine on the supermarket chain Lidl for advertising on a national scale products at a discounted price that were either not available or available only for a very short time (...)

A Californian Superior Court issues a decision on resale price maintenance in cosmetic sector applying the per se rule (Bioelements)
Wolters Kluwer (Riverwoods)
New York’s Challenge To Mattress Maker’s Resale Pricing Policy Fails* The State of New York was not entitled to an order enjoining mattress manufacturer Tempur-Pedic International, Inc. from restricting discounting by its authorized retailers, a New York state court has ruled. The New York (...)

The Italian Competition Authority accepts commitments and closes investigations into Sicilian power prices (Sicilian power prices)
European Commission (Brussels)
* Article published in ECN Brief 01/2011. The original title of this article appears below the e-Competitions title. Please note that the ECN is not the actual "author" of this case summary, but the mere source. As mentioned by the ECN : "The information provided by the ECN Brief is for (...)

The Chinese State Administration for Industry and Commerce (SAIC) issues three substantive regulations on enforcement of the Anti- Monopoly Law
Linklaters (Beijing)
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Linklaters (Shanghai)
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Linklaters (London)
On 7 January 2011, the State Administration for Industry and Commerce (“SAIC”) published three substantive Regulations on enforcement of the Anti- Monopoly Law (“AML”), regarding Monopolistic Agreements, Abuse of Dominance and Abuse of Administrative Powers. In May 2009 and May 2010, SAIC twice (...)

The Dutch Competition Authority imposes € 17.7 M fine on double-glazing cartel (Koninklijke Saint-Gobain Glass Nederland, Scheuten Glas Nederland and Pilkington Benelux)
Van Bael & Bellis (Brussels)
In a press statement of 6 January 2011, the Dutch Competition Authority (“NMa”) announced that it had imposed a fine totalling € 17.7 million on four producers of double-glazing for taking part in a cartel on the double-glazing market in the Netherlands. The companies concerned are Koninklijke (...)

The Chinese National Development and Reform Commission (NDRC) sanctions paper manufacturer association for price-fixing and output restriction cartel (Fuyang Paper Manufacture Industry Association)
Linklaters (Beijing)
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Linklaters (Shanghai)
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Linklaters (London)
In a statement on 4 January 2011, the PRC National Development and Reform Commission (the ”NDRC”), the department in charge of price administration, announced that it has fined the Paper Manufacture Industry Association in Fuyang City, Zhejiang Province RMB 500,000 for organising a cartel. (...)

The Chinese National Development and Reform Commission (NDRC) fines paper manufacturer association for price-fixing and output restriction
University of Melbourne
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China Competition Bulletin (Beijing)
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Institute of American Studies
Paper Manufacturer Association of Fuyang City Fined for Price Monopoly Conduct* In early January 2011, the NDRC announced that the Zhejiang Price Bureau, a local bureau of the NDRC, had fined the Paper Manufacturer Association of Fuyang City, Zhejiang Province, 500,000 yuan for price fixing (...)

The Chinese National Development and Reform Commission (NDRC) and the State Administration of Industry and Commerce (SAIC) adopt new leniency procedure in cartel investigations
Jones Day (Beijing)
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Gibson Dunn (Hong Kong)
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Jones Day (Beijing)
This article has been nominated by the Business Steering Committee for the business category, anticompetitive practices section of the 2012 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. This Commentary analyzes China’s leniency program for cartel (...)

The Chinese State Administration for Industry and Commerce adopts its first cartel decision under the Anti-Monopoly Law in the concrete production sector
Lni avocats (Paris)
It has been reported that last January, a local branch of the State Administration for Industry and Commerce («SAIC»), used, for the first time, its enforcement powers under China’s Anti-Monopoly Law («AML») to fine a trade association and some of its members for having implemented various market (...)

Unilateral Practices

A US District Court dismisses indirect purchaser class actions challenging proposed reverse payment agreements as anticompetitive on an allegation of preventing a cheaper generic medicine to enter the market sooner (Plavix Indirect Purchaser)
Sheppard Mullin (San Francisco)
Indirect Purchaser Plavix Class Actions Tossed for Lack of Antitrust Standing* On January 31, 2011, the District Court for Southern District of Ohio granted defendants’ Rule 12(b)(6) motion, dismissing indirect purchaser class actions that challenged proposed reverse payment agreements as (...)

The Paris Court of Appeal quashes the decision of the French Competition Authority in a margin squeeze case (SFR-France Telecom)
Keller and Heckman (Paris)
On 27th January 2011, the Paris Court of Appeal, following two remands from the Supreme Court, finally handed down a decision confirming the last decision of the French Supreme Court (Cour de cassation)in the margin squeeze case in the telecom sector. In its last decision, the Supreme Court set (...)

The Serbian Competition Authority prosecutes public company for abuse of dominance on the funeral services market (GGK)
University of Technology (Tallinn)
On 27 January 2011 the Serbian Competition Authority (KZK) has sanctioned the public undertaking JKP Gradska groblja Kragujevac (GGK) for abusing its dominant position on the market for administration of cemeteries in the city of Kragujevac by way of leveraging its market power into the (...)

The Serbian Competition Authority fines two leading dairy food companies for abusing their dominant position on the raw milk market (Mlekara / Imlek)
University of Technology (Tallinn)
On 24 January 2011 the Serbian Competition Authority (KZK) fined the two leading dairy food companies Mlekara and Imlek (both controlled by Danube Foods Group BV) for the abuse of joint dominant position on the market for purchasing the raw milk from the dairy farms. For each of the two (...)

A Swedish Court of Appeal awards damages due to a refusal to supply, which was considered to constitute an abuse of a dominant position (Euroclear Sweden / Europe Investor Direct)
Vinge (Stockholm)
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Cosmetics Europe
Introduction In one of the first actions for damages due to a competition law infringement the Stockholm District Court and the Svea Court of Appeal awarded damages due to a refusal to supply, which was considered to constitute an abuse of a dominant position. Background Euroclear Sweden AB (...)

The Italian Competition Authority accepts commitments proposed by the main IT operator closing the investigation for abuse of dominance on the online collecting advertisement market (Google Italy)
Criterion Economics
The Italian competition authority accepts Google’s commitments in the investigation concerning Google News in Italy* In January 2011, the Italian Competition Authority announced that it closed its investigation against Google Italy, for the alleged abuse of dominant position. The decision was (...)

The Spanish Competition Commission opens formal proceedings against three telecommunications operators (Telefónica Móviles, Vodafone and Orange)
European Commission (Brussels)
* Article published in ECN Brief 01/2011. The original title of this article appears below the e-Competitions title. Please note that the ECN is not the actual "author" of this case summary, but the mere source. As mentioned by the ECN : "The information provided by the ECN Brief is for (...)

The Paris District Court fines an online retail site for infringing a famous clothing brand’s trademark by illegally selling its branded products online (Hugo Boss, Club Privé)
EDHEC (Nice)
Summary CLUB PRIVE was fined for illegally selling HUGO BOSS branded clothes online. Facts In 2009, CLUB PRIVE conducted a short time selling of HUGO BOSS branded clothes on their website www.club-prive.fr. HUGO BOSS sued CLUB PRIVE on several grounds. In the first place, HUGO BOSS sued CLUB (...)

The Latvian Competition Council fines one of the largest national retail chains for overly long payment period for delivered products (Maxima Latvija)
Competition Council of Latvia
Retail Chain Fined for Overly Long Payment Period for the Delivered Products* On 13 January 2011 the Competition Council (CC) adopted a decision to fine one of the largest retail chains in Latvia MAXIMA Latvija Ltd. for abuse of dominant position in retail trade. It was established that this (...)

The Budapest Court quashes the commitment decision of the Hungarian Competition Office for insufficiently mild commitments
Hungarian Competition Law Research Centre
Facts Leading Hungarian bank unilaterally increased the fees of pre-redemption. When the customers entered the contract, there was no fee of pre-redemption but the loan contracts expressly authorized the bank to amend the contract unilaterally. Procedural history On the basis of the (...)

Mergers

The EU Commission prohibits the proposed merger between two Greek airlines companies as it would have resulted in a quasi-monopoly on the Greek air transport market (Aegean Airlines / Olympic Air)
Merger: main developments between 1 January and 30 April 2011* The European Commission has prohibited on 26 January the proposed merger between Aegean Airlines and Olympic Air, as it would have resulted in a quasi-monopoly on the Greek air transport market. This would have led to higher fares (...)

The European Commission approves a merger between two US software companies subject to a set of commitments ensuring fair competition in the sector of computer security (Intel / McAfee)
French Competition Authority (Paris)
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European External Action Service
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Danish Competition and Consumer Authority (Copenhagen)
Intel/McAfee* Introduction On 26 January 2011 the European Commission approved the proposed acquisition of McAfee by Intel, both of the US. The approval is conditional upon a set of commitments ensuring fair competition in the sector of computer security. Computer security is a growing (...)

The EU Commission blocks a merger as its clearance would have resulted in a quasi-monopoly on the Greek air transport market (Olympic Air / Aegean Airlines)
University of East Anglia - CCP (Norwich)
Article published on Centre for Competition Policy blog. EU Commission Steers Clear of another Antitrust Disaster in Greek Air Transport, but for how long?* This month, the European Commission blocked the proposed merger between Greece’s two main airlines, Olympic Air and Aegean Airlines. What (...)

The Brazilian Council for Economic Defense clears merger between two ammunition companies resulting in monopolization of the relevant market (CBC/Rossi)
Tauil & Chequer (in cooperation with Mayer Brown)
The author gives thanks to Ms. Natali de Vicente Santos, who gave support in research that was very useful to build this article. I. Summary of the case For the first time, CADE applied the “declining markets” argument to justify that the transaction between two ammunition companies was not (...)

The UK Government intends to refer a merger in the audiovisual sector to Competition Commission if satisfactory commitments are not offered (News Corp, BSkyB)
Van Bael & Bellis (Brussels)
On 25 January 2011, the UK Culture Secretary Jeremy Hunt announced that he is “minded” to refer News Corp‘s proposed buy-out of UK satellite broadcaster BSkyB to the Competition Commission due to concerns surrounding the transaction’s impact on media plurality in the UK. News Corp already owns a (...)

The Dutch Competition Authority publishes the conclusions of a study on the anticipatory effects of merger control and cartel enforcement
European Commission (Brussels)
* Article published in ECN Brief 01/2011. The original title of this article appears below the e-Competitions title. Please note that the ECN is not the actual "author" of this case summary, but the mere source. As mentioned by the ECN : "The information provided by the ECN Brief is for (...)

The Italian Competition Authority starts a second phase investigation into a banking merger for allegedly anti-competitive coordinated effects (Intesa San Paolo / Banca Monte Parma)
Desogus Law Office (Cagliari)
The Italian Competition Authority (ICA) has decided to open a Second Phase investigation into the Intesa San Paolo (ISP) acquisition of Banca Monte Parma (BMPR). The ICA held that the transaction was likely to result in the creation or strengthening of a dominant position in a number of banking (...)

The Polish Competition Authority prohibits a merger in the energy sector (PGE and Energa)
Greenberg Traurig Grzesiak (Warsaw)
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Hogan Lovells (Warsaw)
Polska Grupa Energetyczna S. A. ("PGE") and Energa S. A. ("Energa") are state owned companies producing, distributing and trading electric energy. In September 2010, PGE concluded an agreement with the Ministry of Treasury concerning the purchase of 84,19% of Energa’s shares. On 20 October 2010, (...)

The Hungarian Competition Office decides about negative sole control and the calculation of turnover of groups of undertakings (GDF Suez / Proenergy)
Philip Morris
I. Background In this merger control matter the Hungarian Competition Authority (HCO) had to consider whether an additional acquisition of shares by a 40% shareholder qualifies as a change of control in the target company and thus requires notification the HCO. Under the share purchase (...)

A US Court of Appeals rejects antitrust lawsuit that challenged premerger planning and information exchanges between two health insurers (Omnicare/UnitedHealth)
Jones Day (Washington)
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Jones Day (Houston)
This article has been selected for the business category, mergers section of the 2012 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Last week the U.S. Court of Appeals for the Seventh Circuit rejected an antitrust lawsuit by institutional pharmacy (...)

A US Federal Court of Appeals issues a decision in healthcare sector clarifying the bounds of lawful information exchanges in pre-merger due diligence (Omnicare, UnitedHealth)
White & Case (Washington)
Federal Appeals Court Clarifies the Bounds of Lawful Information Exchanges in Pre-Merger Due Diligence* Information sharing between merging parties is a crucial part of pre-merger due diligence, yet courts have rarely weighed in to clarify when, if ever, such information exchanges run afoul of (...)

The Austrian Competition Authority clears a merger between food wholesalers subject to pricing commitments (Supermarkets at Bruck/Mur)
Van Bael & Bellis (Brussels)
According to a recent press-release, the Austrian Competition Authority cleared a merger between two competing food wholesalers, subject to pricing commitments. The Competition Authority held that the transaction, as initially notified, would give rise to competition concerns because the (...)

State Aid

The European Commission publishes a guide to help public authorities understand how Member States may finance services of general interest in compliance with State aid rules
European Commission - DG COMP (Brussels)
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European Commission - DG COMP (Brussels)
State aid: main developments between 1 January and 30 April 2011* On 28 January the Commission published a guide to help public authorities understand how Member States may finance services of general interest in compliance with State aid rules. The ’Guide to the application of the European (...)

The European Commission decides that a French scheme to support supplementary welfare cover for local government staff is compatible with Article 107(2)(a) TFEU (Fiscalité des contrats d’assurance maladie solidaires, Aide à la protection sociale complémentaire)
European Commission - DG COMP (Brussels)
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European Commission - DG COMP (Brussels)
State aid: main developments between 1 January and 30 April 2011* The Commission decided in two cases on 26 January and 23 February that a French scheme to support supplementary welfare cover for local government staff is compatible with Article 107(2)(a) of the TFEU, which permits aid of a (...)

The European Commission authorises Spain to grant an interest-free reimbursable loan of €129 M to aircraft manufacturer for the development of a new engine (Aernnova)
European Commission - DG COMP (Brussels)
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European Commission - DG COMP (Brussels)
State aid: main developments between 1 January and 30 April 2011* On 26 January, the Commission authorised Spain to grant an interest-free reimbursable loan of €129 million to Aernnova for the development of the next-generation horizontal tail plane (HTP) for the future Airbus A350 XWB. When (...)

The European Commission authorises France to provide a €26 M direct grant for the construction of a district heating network in the North-East of Paris (CPCU)
European Commission - DG COMP (Brussels)
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European Commission - DG COMP (Brussels)
State aid: main developments between 1 January and 30 April 2011* On 26 January, the Commission authorised France to provide a €26 million direct grant for the construction of a district heating network in the North-East of Paris. The aid beneficiary is CPCU, a subsidiary of GDF Suez and the (...)

The European Commission authorises France to provide a €25.3 M grant for the construction of a heat boiler using a renewable energy source in the Alsace region (Roquette Frères. Electricité de Strasbourg, Caisse des Dépôts et Consignations)
European Commission - DG COMP (Brussels)
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European Commission - DG COMP (Brussels)
State aid: main developments between 1 January and 30 April 2011* On 12 January, the Commission authorised France to provide a €25.3 million grant for the construction of a heat boiler using a renewable energy source (geothermal energy) in Beinheim, the Alsace region. The project also involves (...)

Procedures

The UK Government publishes the Health and Social Care Bill establishing an economic regulator with concurrent competition powers for the UK healthcare services
Linklaters (London)
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Kirkland & Ellis (London)
Introduction > On 19 January 2011 the Health and Social Care Bill (the “Bill”) was published and had its first reading in the House of Commons. The Bill represents a significant overhaul of the current regulatory framework applying to the National Health Service (“NHS”) and contains, among other (...)

The French Competition Authority consults on draft guidance on its method to set fines for antitrust infringements
European Commission (Brussels)
* Article published in ECN Brief 01/2011. The original title of this article appears below the e-Competitions title. Please note that the ECN is not the actual "author" of this case summary, but the mere source. As mentioned by the ECN : "The information provided by the ECN Brief is for (...)

The Macedonian Competition Authority adopts the fining guidelines under the new Law on protection of competition
University of Technology (Tallinn)
On 13 November 2010 the new Macedonian Law on Protection of Competition has entered into force replacing the preceding Law that has been in force since 2005. The new law introduced a number of substantive and procedural changes that have been aimed at harmonizing the Macedonian competition law (...)

The French Supreme Court rejects the admissibility of recordings of telephone communications, obtained without the knowledge of the participants, as evidence before the Competition Authority in a consumer electronics case, applying Art. 9 C. civ. proc., Art. 6.1 ECHR and the principle of fairness of evidence (Avantage / Sony / Philips)
White & Case (Paris)
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Novartis (Rueil-Malmaison)
BACKGROUND In 2005, the French Competition Authority – (hereafter the “FCA”, previously the Competition Council) fined Panasonic, Sony France and Philips France for anticompetitive vertical agreements – retail price fixing – in the distribution of consumer electronics (decision No. 05-D-66 of 5 (...)

The French Criminal Supreme Court rules that illegally obtained evidences cannot be used before the Competition Authority (Phillips and Sony)
Université Aix-Marseille
I. The Issues at Hand In France, the competition authority (Autorité de la concurrence that used to be known as the Conseil de la concurrence) is in charge of ruling cases of anticompetitive practices. Even though it is not technically a court, one can appeal its decisions before the Appeal (...)

The Hungarian Parliament amends its Competition Act
European Commission (Brussels)
* Article published in ECN Brief 01/2011. The original title of this article appears below the e-Competitions title. Please note that the ECN is not the actual "author" of this case summary, but the mere source. As mentioned by the ECN : "The information provided by the ECN Brief is for (...)

Regulatory

The French Competition Authority issues an opinion pointing out some competition concerns in the newly opened online gambling markets (Opinion on online gambling)
French Competition Authority (Paris)
In an opinion issued seven months after the law entered into force, the French Competition Authority pointed out that some practices could give rise to anticompetitive issues: the betting right agreements signed between operators and sport event organizers should be regulated to ensure a fair (...)

The French Competition Authority issues recommendations in order to ensure adequate competition in the sector of online betting and gambling
EDHEC Business School
Further to a request in relation to the gambling and betting market, made by the European Gaming and Betting Association (EGBA) under article L. 462-1 of the French Code de commerce, and regarding French statute n° 2010-476, which regulates online betting and gambling, the French Competition (...)

The US DoJ and FCC conditionally approve a joint venture in the telecommunications sector resolving antitrust concerns (Comcast and NBC Universal)
Wolters Kluwer (Riverwoods)
Comcast/NBC Universal Joint Venture Receives Regulatory Approval* The Department of Justice Antitrust Division and the Federal Communications Commission today conditionally approved a joint venture between Comcast Corp. and General Electric Co.’s subsidiary NBC Universal Inc. The joint (...)

The Italian Competition Authority adopts an opinion on the draft decree on the liberalization of postal services
European Commission (Brussels)
* Article published in ECN Brief 01/2011. The original title of this article appears below the e-Competitions title. Please note that the ECN is not the actual "author" of this case summary, but the mere source. As mentioned by the ECN : "The information provided by the ECN Brief is for (...)

The Romanian Competition Council adopts guidelines on commitments procedure and launches market test on commitments on the joint selling of commercial rights for football broadcasting (Romanian Football Federation and the Professional Football League)
European Commission (Brussels)
* Article published in ECN Brief 01/2011. The original title of this article appears below the e-Competitions title. Please note that the ECN is not the actual "author" of this case summary, but the mere source. As mentioned by the ECN : "The information provided by the ECN Brief is for (...)

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