July 2017

Anticompetitive practices

The Italian Competition Authority opens a market investigation on Big Data
Shearman & Sterling (Rome)
Introduction The Italian Competition Authority, together with the national regulators for communications and data protection, opened a joint market investigation on Big Data. The investigation appears to be wide-ranging, covering not only competition issues, but data protection, consumer (...)

The Italian Competition Authority finds an anti-competitive agreement in the banking sector but does not impose any fine (ABI / SEDA)
Desogus Law Office
The Italian Competition Authority (ICA) has recently closed an Article 101 TFEU investigation it had opened in the case ABI/SEDA by an infringement decision. The ICA found the parties to have put in place an anti-competitive agreement in the banking sector. Though the agreement was qualified as (...)

The Supreme Court of Cyprus confirms the €31 Million imposed by the Commission for the Protection of Competition on nine commercial banks for anticompetitive practices (JCC)
Trojan Economics (Nicosia)
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On 27/01/2016 the Cyprus Commission for the Protection of Competition (“CPC”) ended its investigation against eight commercial banks (Bank of Cyprus Public Company Ltd (“BOC”), Marfin Popular Bank Public Co Ltd (“Marfin”), Hellenic Bank Ltd (“Hellenic Bank”), Alpha Bank Cyprus Ltd (“Alpha Bank”), (...)

The Turkish High State Court annuls the Competition Board’s decision concerning parallel export restrictions in a vertical agreement (Roche / Corena)
ELIG, Attorneys-at-Law
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ELIG, Attorneys-at-Law
This case summary includes an analysis of the annulment decision of 13th Chamber of the High State Court (2010/4617 E., 2016/4241 K) (“High State Court”). The High State Court cancelled the Turkish Competition Board’s (the “Board”) decision on parallel export restrictions in vertical agreements. In (...)

Unilateral Practices

The EU General Court addresses concepts of vexatious action and abuse of regulatory procedure in judgment upholding rejection of a complaint (Agria Polska)
Van Bael & Bellis (Brussels)
On 16 May 2017, the General Court offered guidance on the concepts of vexatious action and abuse of regulatory procedure in the context of a judgment upholding a Commission decision to reject a complaint brought by Agria Polska and four other companies active in the parallel importation of (...)

Mergers

The Polish Competition Authority imposes a fine of more than EUR 124,000 for gun-jumping (Bać-Pol)
WKB Wierciński Kwieciński Baehr (Warsaw)
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WKB Wierciński Kwieciński Baehr (Warsaw)
In its decision of 5 June 2017, the Polish Competition Authority (Prezes Urzędu Ochrony Konkurencji i Konsumentów, the “PCA”) fined Bać-Pol S.A. PLN 527,000.00 (approx. EUR 124,000.00) for failure to notify of the takeover of a portion of assets of another company called Klementynka. The PCA (...)

State Aid

The French Council of State rules out as non-compensable losses the recovery, however belated, of a State aid unlawfully granted together with the accrued interest (Le Muselet Valentin)
DLA Piper (Paris)
In its confirmatory ruling issued on 7 June 2017, the French administrative supreme court (Conseil d’Etat, 9ème et 10ème chambres réunies, hereafter the “French Council of State”) dismissed the compensation claims brought against the State by the beneficiary of an incompatible State aid on the (...)

Procedures

The German Parliament adopts a new amendment to the Act Against Restraints of Competition in order to adapt its competition law to the digital economy
Hogan Lovells (Munich)
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Hogan Lovells (Munich)
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Hogan Lovells (Munich)
On 9 June 2017, the 9th amendment of the German Act Against Restraints of Competition (ARC) entered into effect introducing important amendments for companies to German competition law. The reform deals with two main issues: the implementation of the European Cartel Damages Actions Directive (...)

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