July 2017

Anticompetitive practices

The French Competition Authority fines several companies which have implemented exclusive import agreement (Materne)
French Competition Authority (Paris)
Exclusive distribution of dessert products in La Réunion and Mayotte* The Autorité de la concurrence fines Materne and its wholesaler-importer for continuing to implement an exclusive import agreement after the “Lurel Act” came into force. The “Lurel Act” bans any exclusive import agreement The (...)

The German FCO publishes a sector inquiry in cement and ready-mix concrete
Heinz & Zagrosek (Köln)
German Federal Cartel Office publishes sector inquiry in cement and ready-mix concrete* The German Federal Cartel Office (“FCO”) has published its sector inquiry report in cement and ready-mix concrete. While the report targets the cement and ready-mix concrete sector and its particularities (...)

The German Competition Authority issues its report on its inquiry into the cement and ready-mix concrete sector
German Competition Authority (Bonn)
Bundeskartellamt publishes report on its inquiry into the cement and ready-mix concrete sector* Today the Bundeskartellamt has published the final report on its inquiry into the cement and ready-mix concrete sector. Andreas Mundt, President of the Bundeskartellamt: "The cement and ready-mix (...)

The EU Commission sends a statement of objection to a pharmaceutical company regarding possible pay-for-delay agreement (Teva / Cephalon)
European Commission - DG COMP (Brussels)
Antitrust: Commission sends Statement of Objections to Teva on ’pay for delay’ pharma agreement* The European Commission has informed pharmaceutical company Teva of its preliminary view that an agreement concluded with Cephalon was in breach of EU antitrust rules. Under the agreement, Teva (...)

The German Competition Authority fines three manufacturers of heat shields and their representatives for cartel (Elring Klinger Abschirmtechnik)
German Competition Authority (Bonn)
Bundeskartellamt imposes fines on automotive part manufacturers* The Bundeskartellamt has imposed fines amounting to 9.6 million euros on three manufacturers of heat shields and their representatives. The companies involved are Elring Klinger Abschirmtechnik (Schweiz) AG, Sevelen (...)

The German Competition Authority issues a guidance note on the prohibition of vertical price fixing in the food retail sector
German Competition Authority (Bonn)
Bundeskartellamt publishes guidance note on the prohibition of vertical price fixing in the food retail sector* Today the Bundeskartellamt has published a guidance note on the prohibition of vertical price fixing in the brick-and-mortar food retail sector. The aim of the guidance note is to (...)

The French Competition Authority launches a public consultation as part of its current sector-specific inquiry on online advertising
French Competition Authority (Paris)
Online advertising* As part of its current sector-specific inquiry on online advertising, the Autorité de la concurrence has launched a public consultation in order to collect stakeholder comments on several points. Stakeholders are asked to reply to the questionnaire sent out by the Autorité (...)

The Paris Court of appeal confirms the validity of the method applied by the French Competition Authority to fine a professional organisation of modelling agencies (Modelling sector’s main professional union)
Simmons & Simmons (Paris)
The method of setting fines These French guidelines specify the different steps followed by the French Competition Authority (FCA): • determination of the basic amount of the fine, depending on the seriousness of the infringements and the importance of the harm to the economy (the basic amount (...)

Unilateral Practices

The French Competition Authority fines a funeral company for abuse of dominance (Comtet)
French Competition Authority (Paris)
Funeral services in the Ain département* The Autorité de la concurrence funeral company Comtet that, at the time of the alleged events, was running the crematorium in the town of Viriat in the département of the Ain under a public service franchise agreement with the municipal council, for two (...)

The French Competition Authority acceptes remedies proposed by a sugar producer suspected to have abused of its dominant position (Tereos)
French Competition Authority (Paris)
Sugar production / Picardie* Tereos takes commitments under the French competition authority that it will open up its procurement contracts. Sugar beet growers will benefit from greater freedom to choose the sugar groups that they want to supply. The complaint by Saint-Louis Sucre France’s (...)

The Paris Court of Appeal rejects the request against a French Competition Authority decision relative to practices implemented on the electricity and gas market (ENGIE)
Simmons & Simmons (Paris)
The settlement procedure in France The major change is that parties willing to conclude a settlement procedure will be informed of the minimum and maximum fine that may be imposed (and not of a percentage of reduction relating an amount of sanction which is not yet known). The disclosure (...)

The Regional Adminstrative Court for Latium upholds the infringement decision made by the Italian Competition Authority against a pharmaceutical lab for excessive pricing (Aspen)
Desogus Law Office (Cagliari)
By the judgement handed down in Aspen v AGCM , the Regional Administrative Court of Latium (the Court) has recently determined the appeal lodged by a South African manufacturer of generic drugs, Aspen, against the 2016 decision made by Italian Competition Authority (ICA), rejected all the (...)

Mergers

The EU Commission clears, subject to remedies, on the chemicals market (FMC/Dupont)
European Commission - DG COMP (Brussels)
Mergers: Commission conditionally clears both FMC’s acquisition of parts of DuPont’s crop protection business and DuPont’s acquisition of FMC’s Health and Nutrition business* The European Commission has conditionally approved, under the EU Merger Regulation, FMC’s proposed acquisition of parts of (...)

The EU Commission sends three separate statements of objections to companies alleging procedural breaches of the EU Merger Regulation (Merck / Sigma-Aldric, GE / LM Wind, Canon / Toshiba Medical Systems)
Van Bael & Bellis (Brussels)
On 6 July 2017, the European Commission sent three separate statements of objections (“SO”) to companies alleging procedural breaches of the EU Merger Regulation. Provision of misleading information The first SO concerns the Merck/Sigma-Aldrich transaction, which was conditionally cleared by (...)

The EU Commission sends statements of objection to three undertakings regarding possible breach of EU merger procedural rules (Merck / Sigma-Aldrich, General Electric / LM Wind and Canon / Toshiba)
European Commission - DG COMP (Brussels)
Mergers: Commission alleges Merck and Sigma-Aldrich, General Electric, and Canon breached EU merger procedural rules* The Commission has sent three separate Statements of Objections to Merck and Sigma-Aldrich, General Electric and Canon alleging they breached EU merger rules: General Electric, (...)

State Aid

The EU Court of Justice rules that a Member State could not request reimbursement of an aid that had been granted to an undertaking in compliance with the General Block Exemption Regulation (Nerea)
Jones Day (Brussels)
In Short The Situation: On July 6, 2017, the European Court of Justice ruled that a Member State could not request reimbursement of aid that had been granted to an undertaking in compliance with the General Block Exemption Regulation solely because that undertaking later became the subject of (...)

Procedures

The US Democrats publish "A Better Deal" policy statement with proposals to change antitrust/competition enforcement
Weil, Gotshal & Manges (Washington)
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Weil, Gotshal & Manges (Washington)
Democrats’ "Better Deal" policy statement proposes significant changes for antitrust/competition enforcement* On July 24, 2017, Democratic Party leaders unveiled “A Better Deal,” their plan to improve economic conditions for the American working class. A key element of the Better Deal plan to (...)

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