June 2013

Anticompetitive practices

The Danish Competition and Consumer Authority enters into a settlement with distributor of leisure weapons in a resale price maintenance case (HG Agencies)
Danish Competition and Consumer Authority (Copenhagen)
On 30 June 2013, the owner of the Danish distributor of leisure weapons, HG Agencies entered into a settlement with the Danish Competition and Consumer Authority for infringing section 6 of the Danish Competition Act by imposing resale price maintenance on one of its dealers. Under the (...)

The Court of Appeal of Paris faces the difficult adequacy between efficiency of private enforcement and the principles of the French Civil Trial (JCB v. Central Parts)
Fieldfisher (Paris)
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Orrick, Herrington & Sutcliffe (Paris)
In its decision dated 26 June 2013, the Court of Appeal of Paris considered that only the harm suffered because of anticompetitive practices implemented for a period of 10 years before they stopped could be compensated. By taking this ruling, it strictly applied the French procedural rules for (...)

The Danish Competition Council accepts commitments from a purchasing association for pharmacists in relation to decision to exclude a member (Uldum Apotek / A-apoteket)
Danish Competition and Consumer Authority (Copenhagen)
Competition Council accepts commitments from Denmark’s largest purchasing association for pharmacists* On 26 June 2013 the Danish Competition Council accepted commitments from A-apoteket – a purchasing association for pharmacists – on the basis of concerns that a decision taken by the association (...)

The Turkish Competition Authority releases its Horizontal Agreements Guidelines and Communication on Specialization Agreements, thus aligning its acquis to the EU competition regime
Turkish Competition Authority
Guidelines on Horizontal Cooperation Agreements are released* TCB released the long-awaited Guidelines on Horizontal Cooperation Agreements (Horizontal Agreements Guidelines) and the Block Exemption Communiqué Concerning Specialization Agreementson 26 June 2013. The Horizontal Agreement (...)

The Italian Competition Authority opens an investigation into an alleged ferry cartel in the strait of Messina (Caronte&Tourist, Rete Ferroviaria Italiana)
Desogus Law Office (Cagliari)
Following the receipt of many complaints filed by several passengers between 2009 and 2013 reporting steady increases in the fares applied by ferry operators in the Strait of Messina, the Italian Competition Authority (ICA) has recently opened an Article 101 TFEU investigation. The proceedings (...)

The Polish Competition Authority imposes fines on a franchisor for practising fixed and minimum prices of goods on its trading partners (Sfinks Polska)
Wiercinski Kwiecinski Baehr (Poznan)
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WKB Wierciński Kwieciński Baehr (Warsaw)
Franchise networks under siege from the Polish competition authority over alleged RPM arrangements* In its decision of 25 June 2013, the Polish competition authority has fined Sfinks Polska the amount of PLN 464,228.92 (approximately €107,000) for imposing fixed resale prices on its (...)

The Polish Competition Authority reminds franchisors that resale price maintenance is a hardcore violation of competition law (Sfinks Polska)
Freshfields Bruckhaus Deringer (Brussels)
In its unprecedented decision of 25 June 2013 in Sfinks Polska, the President of the Polish competition authority (Prezes Urzędu Ochrony Konkurencji i Konsumentów, the UOKiK), established a list of competition law “don’ts” in franchise agreements. While the UOKiK’s jurisprudence in relation to (...)

The French National Competition Authority receives commitments from four shipping companies concerning competition in the sector of ship transport of freight to the French West Indies
University Dublin College (UCD)
The French Competition Authority received commitments from four maritime transport companies which it concludes would revitalise competition between operators on shipping routes to the French West Indies and lower the price of goods for consumers in the French overseas departments. On 3rd (...)

The Competition Commission of South Africa reaches settlement with 15 construction firms in respect of collusive tendering and related collective penalties (Aveng)
Primerio
Soccer fields, SRAM, and Sotheby’s? Fast-track settlements in ZA construction probe yield €113m* What do soccer stadiums, LCD panels, and lysine** have in common? Price-fixing might be one answer. Record antitrust fines might be another, closely related, response. The South African (...)

The Lithuanian Regional Administrative Court of Vilnius decides to reduce the fines imposed for an illegal agreement on the markets for cash-in transit and cash handling services (G4S & banks)
Lithuanian Competition Authority (Vilnius)
Court upholds the KT‘s decision on the infringement but reduces the fines imposed on G4S and banks* On 18 June 2012, Vilnius Regional Administrative Court (Court) upheld the Competition Council’s (Konkurencijos taryba, KT) decision of 20 December 2012, according to which, UAB G4S Lietuva (G4S) (...)

The EU Court of Justice upholds the ruling that adjudication on the merits would be devoid of purpose since the applicant didn’t have sufficient interest in the matter at the time he brought his challenge to the Commission’s decision (Guillermo Cañas)
Blackstone Chambers
Cañas: no sufficient interest in showing anti-competitive rules* Retirement comes too soon for many professional sports players, but for Guillermo “Willy” Cañas, an Argentinean tennis player once ranked world number 8, there was yet more to be lost upon retirement than just the tournament prizes (...)

The Finnish Supreme Administrative Court fines industry association for prohibited price recommendations
Finnish Competition and Consumer Authority (FCCA)
The Supreme Administrative Court fines industry association for prohibited price recommendations* The Supreme Administrative Court gave the decision to the Finnish Hairdressers’ Association on 14 June 2013 regarding the pricing recommendations that the association had provided from 2000-2006. (...)

The Belgian College of Competition Prosecutors confirms that the NCA started conducting dawn raids at the premises of certain companies active on the market for fresh yeast
Van Bael & Bellis (Brussels)
In a press release of 19 June 2013, the College of Competition Prosecutors confirmed that the competition authority had started conducting dawn raids on 18 June 2013 at the premises of certain companies active on the Belgian market for fresh yeast. The competition authority is looking for (...)

The EU Commission fines pharmaceutical companies for delaying market entry of generic medicines (Lundbeck)
Ashurst (Milan)
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RSM US
European Commission fines Lundbeck and other pharmaceutical companies for delaying market entry of generic medicines* On 19 June 2013 the European Commission issued a press release stating that it had imposed fines in the amount of € 93,8 million on Lundbeck (a Danish pharmaceutical company) (...)

The EU Commission imposes fines totalling € 145 M on Danish pharmaceutical group over “pay-for-delay” agreements (Lundbeck)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis
On 19 June 2013, the European Commission announced that it had imposed a fine of € 93.8 million on Danish pharmaceutical group Lundbeck and fines totalling € 52.2 million on several generic medicines producers over their conclusion of so-called “pay-for-delay” agreements intended to hinder the (...)

The EU Commission fines pharmaceutical companies for delaying market entry of generic medicines through pay-for-delay agreements (Lundbeck)
European Commission (Brussels)
European Commission: Lundbeck and other Pharmaceutical Companies fined for delaying Market Entry of Generic Medicines through pay-for-delay Agreements* On 19 June 2013, the European Commission (the Commission) imposed a fine on the Danish pharmaceutical company Lundbeck and a number of (...)

The EU Court of Justice finds a firm which has infringed Article 101 TFEU may not escape imposition of a fine for the sole reason that the illegality of its conduct was erroneously assessed by its legal counsel or by a decision of a national competition authority (Bundeswettbewerbsbehörde / Schenker)
Philippe & Partners (Brussels)
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Liège University - IEJE
I. The Parties The Bundeswettbewerbsbehörde, the Federal Competition Authority in Austria. The Bundeskartellanwalt, the Federal Cartel Lawyer in Austria. Thirty-one undertakings, including inter alia Schenker & Co. AG (“Schenker”), members of the Spediteur-Sammelladungs-Konferenz (the (...)

The EU General Court dismisses appeals in aluminium fluoride cartel case (Fluorsid, Minmet and Société des Industries Chimique du Fluor)
Van Bael & Bellis (Brussels)
On 18 June 2013, the General Court (“GC”) dismissed appeals by three companies implicated in the aluminium fluoride cartel against a European Commission decision of June 2008 imposing fines on them for infringing Article 101(1) TFEU. In its decision, the Commission found that, in July 2000, (...)

The EU Court of Justice rules on the interpretation of Article 101 TFEU and establishes that undertakings cannot escape fine liability on account of qualified legal advice (Schenker)
ClientEarth (Bruxelles)
The principle of fault in EU competition law: C-681/11 Schenker & Co and others* In C-681/11 Schenker & Co and others this was more or less the defence a couple of Austrian transport companies came up with after being fined for infringing competition rules. Those companies had received (...)

The EU Court of Justice rules that reliance on legal advice or decisions of NCAs does not preclude imposition of fine for infringing art. 101 TFEU (Schenker)
European Commission - DG Internal Market and Services
In a reference for a preliminary ruling under Article 267 TFEU, made by the Oberster Gerichtshof (Austria) on 5th December 2011, the EU Court of Justice was asked to respond to the following question; whether a fine may be imposed, in case of an infringement of Art.101 TFEU, when the (...)

The US Supreme Court holds that “reverse payment” patent settlements between brand-name drug manufacturers and would-be generic competitors should be reviewed under the antitrust rule of reason (Actavis)
Arnold & Porter Kaye Scholer (Brussels)
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Latham & Watkins (San Francisco)
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Arnold & Porter Kaye Scholer (Washington)
On Monday, June 17, the Supreme Court handed down a decision in FTC v. Actavis, Inc., bringing some clarity to the antitrust treatment of so-called reverse payment patent settlements between brand-name drug manufacturers and would-be generic competitors, but leaving many open questions as (...)

The US Supreme Court establishes a rule that blurs the lines between antitrust and patent law (Actavis)
Sheppard Mullin (Chicago)
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Sheppard Mullin (Washington)
FTC v. Actavis: What Does It Mean for Reverse-Payment Settlements?* On June 17, 2013, the United States Supreme Court announced a rule that blurs the lines between antitrust and patent law in the context of Hatch-Waxman litigation. In FTC v. Actavis, 570 U.S. 756 (2013), the Federal Trade (...)

The US Supreme Court opens reverse payment patent settlement agreements to antitrust challenge (Actavis)
Wolters Kluwer (Riverwoods)
A “reverse payment” settlement agreement is not entitled to “near-automatic antitrust immunity” simply because its anticompetitive effects fall within the scope of the exclusionary potential of the patent, the U.S. Supreme Court ruled earlier this week in a five-to-three decision. Although such (...)

The Danish Competition Authority cartel settles with a domestic distributor of leisure weapons (HG Agencies)
Danish Competition and Consumer Authority (Copenhagen)
Distributor of leisure weapons pays fine in settlement for resale price maintenance* On June 30, 2013, the owner of the company HG Agencies (a Danish distributor of leisure weapons) entered into a settlement with the Danish Competition and Consumer Authority for infringing section 6 of the (...)

The US Supreme Court holds that patent protection does not confer immunity from antitrust attack (Actavis)
Ashurst (Milan)
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RSM US
U.S. Supreme Court reverses Eleventh Circuit opinion in FTC v. Actavis, Inc* On 17 June 2013, the U.S. Supreme Court (“the Court”) reversed a decision by the Court of Appeals (Eleventh Circuit). The Court of Appeals had upheld a dismissal of a complaint made by the Federal Trade Commission (...)

The US Supreme Court rules that the “pay for delay” settlements in the pharmaceutical sector are to be analyzed under the rule of reason (Actavis)
European Commission - DG Internal Market and Services
Facts In 1999, Solvay Pharmaceuticals filed a New Drug Application (NDA) for a topical testosterone hormone drug, called Androgel. In 2003, Solvay obtained patent protection for it. Subsequently, the generic companies Actavis (before Watson Pharmaceuticals) and Paddock Laboratories filed an (...)

The US Supreme Court holds that reverse-payment patent settlements should be reviewed under the antitrust rule of reason (Actavis)
O’Melveny & Myers (Washington)
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O’Melveny & Myers (Los Angeles)
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O’Melveny & Myers (Los Angeles)
But Decision Raises as Many Questions as it Answers The Supreme Court yesterday held that it may be unlawful under the antitrust laws for a brand-name drug manufacturer to resolve patent litigation against an allegedly infringing generic drug maker by paying the generic to forestall market (...)

The US Supreme Court rules that a payment by a patentee to a generic manufacturer may constitute an infringement of antitrust law (Actavis)
Orrick, Herrington & Sutcliffe (San Francisco)
Why FTC v. Actavis Won’t Shift the Border Between IP and Antitrust Law* The Supreme Court’s recent decision in Federal Trade Commission v. Actavis, Inc., No. 12-416, ___ U.S. ___ (2013), has generated a lot of commentary recently. Some articles have suggested that the decision may expose certain (...)

The US Supreme Court issues first ruling on antitrust legality of reverse-payment drug patent settlements (Actavis)
Rutgers University
On June 17, 2013, in FTC v. Actavis, the U.S. Supreme Court for the first time examined the antitrust legality of agreements by which brand-name drug companies pay generics to delay entering the market. Justice Stephen Breyer wrote the majority opinion for five Justices, concluding that these (...)

The Canadian Court of Appeal dismisses the action for damages in a conspiracy claim against joint purchasers in the oil industry (Alberta/Husky Oil Operations)
Affleck Greene McMurtry
No pot of gold at the end of the Rainbow* A decision by joint operators of an oil field to use a single fluid hauler was not an unlawful conspiracy, the Alberta Court of Appeal held recently, overturning a 2011 decision that awarded about $8 million to the loser of a competitive bidding (...)

The Japan Fair Trade Commission issues cease and desist orders and imposes surcharges on manufacturers of high-fructose corn syrup and manufacturers of starch syrup and glucose for having implemented a price-fixing agreement (HFCS)
Japan Fair Trade Commission (Tokyo)
The JFTC Issued Cease and Desist Orders and Surcharge Payment Orders to Manufacturers of High-Fructose Corn Syrup and Manufacturers of Starch Syrup and Glucose* The Japan Fair Trade Commission (JFTC) today issued cease and desist orders and surcharge payment orders to manufacturers of specific (...)

The Danish Competition Council finds refusal to supply and restrictions to parallel trade in railway spare parts sector (Deutz, Diesel Motor Nordic)
European Commission (Brussels)
Denmark: The Competition Council finds Refusal to Supply and Restrictions to Parallel Trade in Railway Spare Parts Sector* On 12 June 2013, the Danish Competition Council (DCC) ruled that Deutz AG (Deutz) and Diesel Motor Nordic A/S (Diesel Motor Nordic) have infringed the Danish and European (...)

The French Competition Authority fines associations of veterinaries for entering into an anticompetitive agreement (Conseil Regional de l’Ordre des Vétérinaires d’Alsace & Section du Bas-Rhin du Syndicat National des Vétérinaires d’Exercice Libéral)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence fines the Conseil Regional de l’Ordre des Vétérinaires of Alsace [1] and the Veterinary Surgeons’ Union of Bas-Rhin for entering into an anticompetitive agreement*. Today, the (...)

The Italian Competition Authority penalizes four ferry operators for fixing fares for Sardinia-Continental maritime routes (Sardinia Ferry Fares)
Desogus Law Office (Cagliari)
By a decision made on 11 June 2013 in the Sardinia Ferry Fares the Italian Competition Authority (ICA) has detected a price-fixing agreement affecting the maritime connection between Sardinia and Continental Italy . Moby, SNAV, Grandi Navi Veloci and Marinvest were found to have coordinated (...)

The Italian Competition Authority fines ferry operators for parallel behaviour in a price fixing case (Tariffe Traghetti Da/Per la Sardegna)
Studio Legale Scoccini E Associati
The Italian Competition Authority (the “ICA”) is currently looking closely at the maritime sector. The authority is involved in two cartel proceedings: one concerns the passenger maritime sector in the Gulf of Naples and the other one the maritime routs in the Strait of Messina. In addition, it (...)

The Mexican Congress amends telecom legislation introducing significant changes in competition law
Hogan Lovells BSTL (Mexico City)
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Hogan Lovells BSTL (Mexico City)
A. A brief background of the Constitutional Amendment to the Mexican Competition Regime. On March 11, 2013, the President of Mexico sent to Congress a very aggressive bill proposal to amend, inter alia, Article 28 of the Federal Mexican Constitution. Although it has been publicized as the (...)

The Korean Appellate Court prevents the worst-case scenario where no sanction is imposed on both price-fixers in the flat glass industry by siding with the Korean Fair Trade Commission (Han-Kuk Glass Industry and Kum-Kang Corea Chemical)
Bae Kim & Lee
Case Summary The Korean Fair Trade Commission (“KFTC”) imposed fines on cartels in the flat glass industry in June of 2013 for violation of Article 19 of the Monopoly Regulation and Fair Trade Act of Korea.] Han-Kuk Glass Industry (“HGI”) and Kum-Kang Corea Chemical (“KCC”) had participated in (...)

The EU Court of Justice grants access to a national competition file to applicants seeking compensation for damages deriving from the violation of EU competition rules (Donau Chemie)
European Court of Justice (Luxembourg)
Factual and legal background In its judgment of 6th of June 2013, the Court of Justice ruled on the possibility to grant access to a competition file to applicants seeking compensation for damages deriving from the violation of EU competition rules. Before analyzing the merits of the judgment, (...)

The Finnish Competition and Consumer Authority recommends a swift review of regulation of store locations in order to improve competition
Finnish Competition and Consumer Authority (FCCA)
FCCA recommends a swift review of regulation of store locations in order to improve competition* A report Regulation of store locations – Perspective of entry and competition published on 6 June 2013 by the Finnish Competition and Consumer Authority finds that, if the regulation of store (...)

The German Mediation Committee of the Bundestag and the Bundesrat reaches compromise on the long-awaited 8th reform of the German act against restraints of competition
Bird & Bird (Dusseldorf)
Reform of the Act against Restraints of Competition (GWB): Federal Cartel Office to Loose Price Control of Public Law Utility Fees* The Mediation Committee of the Bundestag and the Bundesrat today reached a compromise on the long-awaited 8th reform of the German Act against Restraints of (...)

The Italian Competition Authority opens an investigation against 8 insurance companies, for breach of Art. 101 TFEU (Unipol Assicurazioni...)
Bonelli Erede (Rome)
By its decision of 5 June 2013, the Italian Competition Authority (‘ICA’ or ‘Authority’) initiated an investigation against eight of the biggest insurance companies active in Italy, in order to verify if in the vertical agreement between each insurance company and its agents (‘agency contracts’), (...)

The Spanish Competition Commission fines the engineering sectorial and professional associations for issuing price recommendations (TECNIBERIA and CICCP)
European Commission - DG COMP (Brussels)
On 4 June 2013 the Spanish Competition Commission (“CNC”) adopted a resolution imposing a fine of €400,000 on the Spanish Association of Engineering, Consulting and Technology Firms (Asociación Española de Empresas de Ingeniería, Consultoría y Servicios Tecnológicos, hereafter “TECNIBERIA”) and on the (...)

The Brazilian Competition Authority suggests the conviction of car manufacturer and its car dealers for bid rigging in ambulance public tender (General Motors)
Inglez, Werneck, Ramos, Cury e Françolin Advogados
The Brazilian competition authority in charge for the investigation of antitrust violations – CADE’s General Superintendence (“SG”) – has suggested the conviction of General Motors (“GM”), and two of its car dealers HDM Ditribuidora de Veículos Ltda. (“HDM”) and Itororó Brás Veículos e Peças Ltda. (...)

The New Zealand Government proposes new anti-cartel law with collaborative activity exemption that highlights flaws in Australian joint venture exceptions
Brent Fisse Lawyers (Paddington)
1. The collaborative activity exemption under the proposed anti-cartel amendments to the Commerce Act 1986 (NZ) In May 2013 the NZ Commerce Committee recommended that the Commerce (Cartels and Other Matters) Amendment Bill 2011 (NZ Anti-Cartel Bill) be passed with various amendments. The Bill (...)

Unilateral Practices

The EU Commission expresses concerns that the revised commitments do not address abusive practices in the online search space (Google)
Ashurst (Milan)
European Commission not convinced by improved commitments offered by Google* On 21 October 2013 Google offered improved commitments to the European Commission in order to close the three-year long investigation into four practices that the Commission considered had amounted to a possible abuse (...)

The Finnish Market Court upholds FCCA’s decision ordering the cessation of the predatory pricing on the market for dairy products (Valio)
Finnish Competition and Consumer Authority (FCCA)
Market Court: Valio must comply with Finnish Competition and Consumer Authority decision in spite of appeal* In an interim decision handed down on 28 June 2013, the Market Court rejected an appeal by Valio, in which it applied for a prohibition on implementation in the case concerning the (...)

A French Court of Appeal dismisses claims that a compulsory affiliation scheme for supplementary reimbursement of healthcare costs infringes Art. 102 and 106 TFEU (Hurstel-Koenig)
Baker Botts (Brussels)
In three identically worded judgments dated 28 June 2013, the Court of appeal of Colmar (hereinafter the ‘Court of appeal’) dismissed claims that a compulsory affiliation scheme for supplementary reimbursement of healthcare costs amounts to a State measure contrary to Article 102 TFEU read in (...)

The French Competition Authority declines to impose emergency measures on the passenger transport sector (Transdev / SNCF)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence declines to impose emergency measures against SNCF, but will continue to investigate the merits of TRANSDEV’s complaint*. TRANSDEV filed a complaint with the Autorité de la (...)

The Czech Supreme Administrative Court confirms that a failure to timely notify the suspension of public road transportation services amounts to an abuse of a dominant position under Czech law (DPÚK)
European Court of Justice (Luxembourg)
By a judgement rendered on 26 June 2013, the Supreme Administrative Court of the Czech Republic dismissed an appeal by Dopravní podnik Ústeckého kraje (DPUK), a bus line operator, against a lower-tier court judgement relating to an abusive suspension of public road transportation services. The (...)

The Portuguese Supreme Court clarifies the conditions regarding the existence of an abuse of economic dependence (Toyota Portugal)
Sérvulo & Associados
The recent Toyota Portugal judgment of the Supreme Court of Justice (Supremo Tribunal de Justiça) provides a clear-cut opportunity to, even briefly, examine the current stances on the abuse of economic dependency (also known as relative dominance), i.e., the practice where one undertaking (...)

The Portuguese Competition Authority imposes a fine of € 3.73 M on a TV operator for having abused its dominant position on the market for access to premium sports content (Sport TV)
University of Harvard - Law School
On 20 June 2013, the Portuguese Competition Authority (“PCA”) imposed a fine of € 3.73 million on Sport TV Portugal for having abused its dominant position on the market for access to premium sports content by signing discriminatory distribution agreements with pay- TV operators between (...)

The England and Wales High Court refuses interim injunction against the refusal to grant access to airport coach terminal even though arguable case of abuse made out as damages would be an adequate remedy if abuse established at trial (Arriva The Shires / London Luton Airport Operations)
St John’s Chambers
United Kingdom: interim injunctions in competition litigation* Private competition litigation is continuing to develop in the United Kingdom. The courts and the Competition Appeal Tribunal are seeing an increase in the number and complexity of follow-on damages actions, often between foreign (...)

The Turkish Competition Authority fines a telecom company, suspected of abusing its dominant position, for obstructing the inspection of its business premises during an ongoing investigation (TTNET)
Queen Mary University (London)
I. BACKGROUND TTNET is the Turkey’s largest broadband provider and a subsidiary of Turk Telekom Group. The Turkish Competition Authority (TCA) had started proceedings due to the complaints received against TTNET. These complaints focused on two main allegations. As such were, on the one hand, (...)

The US Supreme Court reverses the judgment of the 11th circuit and leaves the structuring of the rule of reason antitrust litigation to the lower courts (Actavis)
Cleveland-Marshall School of Law
Just What on Earth Did Actavis Really Say? And Does It Mean Something for Section 1 More Broadly?* It’s going to be a strict, nearly-per-se quick look rule, folks, in more or less every reverse-payment case likely to be brought from here on out. Dollars-to-donuts. A few weeks have gone by, (...)

The Danish Competition Council issues an order to stop refusal of supply and restrictions to parallel trade within the railway engine spare part sector (Deutz)
Danish Competition and Consumer Authority (Copenhagen)
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Horten Law Firm
On 12 June 2013, the Danish Competition Council (“DCC”) held that the German manufacture of industrial engines Deutz AG (“Deutz”) and their exclusive dealer in Scandinavia, Diesel Motor Nordic A/S (“Diesel Motor Nordic”), had infringed Danish and European competition law (section 6 and 11 of the (...)

The Japanese Congress enacts the Pass-on Consumption Tax Act (POCTA) to prevent exploitative abuse when consumption tax rates are raised in the near future
University of Tokyo
Japan has enacted an Act which is relevant to discussion of exploitative abuse. The Act in question is the Pass-on Consumption Tax Act (Act No. 41 of the 12th June 2013), termed “POCTA” in this essay. 1. Overview Japan plans to raise consumption tax rates (from 5% to 8%) on the 1st April 2014 (...)

The Competition Authority of Bosnia & Herzegovina prosecutes a collecting society for abuse of dominance (AMUS)
University of Technology (Tallinn)
On 11 June 2013 the Competition Authority of Bosnia & Herzegovina (KV) found that a collecting society with exclusive right to collect royalties for broadcasting of musical works AMUS has abused its dominant position on the relevant market by applying discriminatory conditions towards (...)

The Finnish Market Court finds no error by the national competition authority in not investigating alleged abuse by national sports federation (Suomen Ampumaurheiluliitto)
University of Helsinki
The Finnish Market Court has found that a decision by the national Competition Authority to dismiss a complaint about a sports federation was appropriate. X, a Finnish shooting sports athlete, had filed a complaint (a request for investigation) with the Finnish Competition Authority, submitting (...)

An Italian civil court issues a judgement finding an abuse of dominant position by airline company, in violation of Article 102 TFEU, consisting in the refusal to grant to online travel agencies access to the information on its flight tickets (Ryanair)
Legance - Studio Legale Associato
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Legance - Studio Legale Associato
By judgement no. 7825/2013, the civil court of Milan (Tribunal of Milan) has assessed, from an antitrust perspective, the conducts carried out by Ryanair against Viaggiare S.r.l., an online travel agency (OTA) active in the sale of leisure and travel services, including the sales of Ryanair’s (...)

The Italian Court of Milan finds an abuse of dominant position in the market for online travel agencies (Viaggiare/Ryanair)
Ashurst (Milan)
Milan Court finds that Ryanair abused its dominant position in the market for online travel agencies* On June 4, 2013, the Milan Court’s company law section handed down a ruling (only available in Italian) holding that Ryanair abused its dominant position in the downstream market for online (...)

Mergers

The U.S. FTC issues final amendments regarding withdrawal of HSR filings
Skadden, Arps, Slate, Meagher & Flom (New York)
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Skadden, Arps, Slate, Meagher & Flom (Washington)
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Skadden, Arps, Slate, Meagher & Flom (Washington)
On June 28, 2013, the Federal Trade Commission (FTC) adopted a proposed rulemaking to codify its longstanding informal procedures for voluntarily withdrawing and refiling an HSR filing and, more significantly, to mandate that certain HSR filings will be deemed to be automatically withdrawn (...)

The French Supreme Administrative Court upholds the French Competition Authority’s decision sanctioning food distributor Colruyt for failing to notify a concentration (Colruyt)
Gide Loyrette Nouel (Paris)
On 24 June 2013, the French Supreme Administrative Court confirmed the French Competition Authority (“FCA”)‘s decision n°12-D-12 dated 11 May 2012 imposing a €392.000 fine on Etablissements Fr. Colruyt (“Ets Fr Colruyt”), the parent company of group Colruyt, for failing to comply with article L.430-3 (...)

The Italian Competition Authority opens a monitoring proceedings for a conditionally cleared concentration in the ferry sector (CIN/Tirrenia)
Desogus Law Office (Cagliari)
By a decision made on 18 June 2013 the Italian Competition Authority (ICA) has opened a monitoring proceedings under Article 19 of the Competition Act n. 287/1990 against CIN and Moby to verify compliance with the conditional authorization of the CIN/Tirrenia merger in the ferry sector . The (...)

The European Commission opens consultations seeking views on possible improvements of the EU Merger Regulation, in particular extending its scope to the acquisition of non-controlling minority shareholdings
Baker McKenzie (Brussels)
Minority Report? The EC’s public consultation on minority shareholdings* On 25 June 2013, the European Commission launched a public consultation entitled “Towards more effective EU Merger Control” in which the Commission proposes to (i) expand its powers to review non-controlling minority (...)

The EU Commission approves an acquisition on the market for trading and clearing services for certain exchange traded derivatives (NYSE and ICE)
RSM US
European Commission approves acquisition of NYSE Euronext by InterContinental Exchange* On 24 June 2013, the European Commission issued a press release stating that it has cleared the acquisition of NYSE Euronext (“NYX”) by the InterContinental Exchange (“ICE”). Both NYX and ICE operate in future (...)

The Finnish Competition and Consumer Authority decides to investigate the market impact of an acquisition on the pay-TV market (DNA & Plus TV)
Finnish Competition and Consumer Authority (FCCA)
FCCA to investigate the market impact of deal between DNA and PlusTV* The Finnish Competition and Consumer Authority (FCCA) decided on 24 June 2013 to initiate further proceedings concerning an acquisition that will give DNA Oy a controlling interest in Digi TV Plus Oy. Both parties of the (...)

The UK Competition Appeal Tribunal indicates the extraterritorial reach of UK merger control (Akzo Nobel)
Norton Rose Fulbright (London)
The proposed acquisition by the Netherlands company Akzo Nobel of shares in an Italian competitor, Metlac, taking Akzo’s interest in Metlac from a pre-existing 49 per cent to full 100 per cent ownership, was notified to nine competition authorities across the world under their merger control (...)

The UK Competition Appeal Tribunal applies the single economic unit theory and finds that the CC has authority to prevent the concentration between two non-resident corporations on a segment of the metal packaging coatings market (AkzoNobel Holland / Metlac Italy)
Blackstone Chambers
The Competition Commission’s power to block transactions outside the UK* The judgment in Akzo Nobel NV v Competition Commission [2013] CAT 13 is an important decision on the ability of the Competition Commission (“CC”) to block transactions between companies outside of the UK. However, neither (...)

The UK Competition Appeal Tribunal upholds NCA’s decision to prohibit the merger of two foreign companies in the market for the supply of metal packaging coatings for beer and beverage cans (Akzo Nobel/Metlac)
The University of Manchester
On 21 June 2013, the Competition Appeal Tribunal (the “CAT”) upheld the UK Competition Commission’s (“CC”) finding on 21 December 2012 that Akzo Nobel N.V.’s (“Akzo Nobel”) proposed acquisition of Metlac Holding S.r.l. (“Metlac Holding”) would lead to a substantial lessening of competition in the market (...)

The Competition Commission of India approves an acquisition after requiring modification of a non-compete agreement (Mylan/SAL)
University of Delhi (New Delhi)
Sections of India’s Competition Act relating to anticompetitive agreements and abuse of dominance were brought into force in May 2009, but the merger review sections and the associated draft implementing regulations remained extremely controversial in Indian and foreign business circles. The (...)

The US DoJ fines corporation $720,000 to settle charges that it violated HSR Act’s premerger notification and waiting period requirements (M&F)
Boies, Schiller & Flexner (Miami)
HSR Compliance: The Consequences of Being Lackadaisical … A $720,000 Fine* MacAndrews and Forbes’ (M&F) settlement with the Department of Justice (DOJ) on June 20, 2013, provides a good reminder that simply surviving the Hart-Scott-Rodino (HSR) Act waiting period or receiving an early (...)

The EU Commission proposes significant changes to the EU merger regulation
Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
On June 20, 2013, the European Commission (Commission) launched a public consultation on a number of significant proposed changes to the EU Merger Regulation (EUMR). The proposed amendments relate to (i) the possible review of non-controlling minority shareholdings under the EUMR; (ii) the EU (...)

The European Commission clears the acquisition of a ruggedized mobile computer supplier by a technology manufacturing conglomerate (Honeywell/Intermec)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 14 June 2013, the European Commission unconditionally approved the acquisition of ruggedized mobile computer supplier Intermec by technology manufacturing conglomerate Honeywell. The Commission’s focus was on the parties’ production of ruggedized mobile computers, barcode scanners, and (...)

The EU Commission approves an acquisition on the market for TV-broadcasting (Central European Media Enterprises / Time Warner)
Stanford University - Stanford Law School
European Commission approves the acquisition of Central European Media Enterprises by Time Warner* On 14 June 2013 the European Commission issued a press release stating that it approved Time Warner’s acquisition of Central European Media Enterprises (“CME”). According to the Commission, the two (...)

The Hungarian Competition Authority publishes its revised merger regulations (Fúziós Dokumentumok)
Hungarian Competition Authority (Budapest)
The revised merger documents of the GVH come into force on 1 August* The Hungarian Competition Authority (GVH) modified its merger notice dealing with the differentiation between simplified (first phase) and full (second phase) proceedings, and the merger notification form. The documents are (...)

The French Competition Authority approves the implementation of an injunction after a merger in the pay TV sector (Canal Plus / TPS)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la Concurrence approves three reference offers from the Groupe Canal Plus, after amendments. The first one regulates access of independent channels to distribution services by CanalSat; the (...)

The UK Office of Fair Trading concludes that asset acquisition in administration on proceedings does not qualify for merger investigation (Shell UK / Greenergy / Vopak Holding)
Herbert Smith Freehills (London)
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Herbert Smith Freehills
On 6 June 2013 the Office of Fair Trading (OFT) published its decision on the completed acquisition of certain assets of Petroplus Refining and Marketing Limited (PRML). The asset sale was conducted in the course of administration proceedings, the underlying business having ceased trading. (...)

The UK Competition Commission, unlike the French NCA, rules that operator of channel tunnel between Great Britain and France may no longer offer ferry services from Dover (Eurotunnel / SeaFrance / MyFerryLink)
Jones Day (London)
,
Jones Day (London)
The UK Competition Commission (“CC”) has prohibited Eurotunnel from operating ferry services at the port of Dover, following its June 2012 acquisition of three SeaFrance vessels. The decision is notable for two reasons. First, this decision differed from that of the French Competition Authority (...)

A US District Court starts hearings in a class action case where the plaintiffs argue that a previously concluded DoJ settlement failed to ameliorate the competitive harm occasioned by the removal of a direct competitor and price maverick (AB InBev / Grupo Modelo)
King & Wood Mallesons (Sydney)
This article was originally published on In Competition by King & Wood Mallesons (click here). Closing time* Given our previous posts on the topic you would be forgiven for thinking we have a particular interest in Corona sales. Rather, the AB InBev / Grupo Modelo merger has been (...)

State Aid

The EU Court of Justice Advocate General Mengozzi clarifies the role of national courts in case of simultaneous state aid investigation by the Commission (Lufthansa, Frankfurt airport, Ryanair)
Van Bael & Bellis (Brussels)
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Abbie (Wavre)
On 27 June 2013, Advocate General Mengozzi rendered an opinion clarifying the role of national courts in case of simultaneous state aid investigation by the European Commission (the “Commission”). The case stems from a dispute between Lufthansa and the Frankfurt airport regarding the (...)

The EU Commission rules on the compatibility of a state aid for a new port infrastructure and finds it necessary and proportional to the objective pursued (Katakolo)
College of Europe (Bruges)
Article published on Lexxion State Aid Blog. The Confusion between Necessity and Proportionality of State Aid [Case SA.35738: Public Funding of Port Infrastructure]* Introduction Several postings in this blog have examined cases concerning funding of port, airport or sport infrastructure. (...)

The EU Commission decides that the privatisation process of an airport in Portugal does not constitute state aid (ANA)
College of Europe (Bruges)
Article published on Lexxion State Aid Blog. Privatisation of Aeroportos de Portugal: Conflict between the National Economic Adjustment Programme and State Aid Rules?* Background Portugal notified to the Commission the privatisation of the “Aeroportos de Portugal” [ANA] for reasons of legal (...)

The EU Commission finds that the conversion of almost worthless debt into equity was a preferable solution for a market economy investor in the aircraft industry (Sonaca)
College of Europe (Bruges)
Article published on Lexxion State Aid Blog A Public Authority Can Behave Like a Private Investor even when the Beneficiary Has Little Prospect of Future Profitability* Introduction When a public authority invests in an undertaking, it must earn a return at market rates, otherwise the (...)

Procedures

The Finnish Market Court rejects dairy producer’s application for stay of execution of the Finnish Competition and Consumer Authority’s decision concerning its abuse of dominant position in the dairy market (Valio)
Roschier (Helsinki)
In December 2012, the Finnish Competition and Consumer Authority (“FCCA”, at the time the Finnish Competition Authority, “FCA”) proposed to the Market Court that a 70 MEUR fine be imposed on Valio for abuse of dominant position in the market for production and wholesale of fresh milk through a (...)

The Brussels Court of Appeal asks the Supreme Court to rule on scope of review in competition cases (Base Company, Belgacom, Mobistar)
Van Bael & Bellis
In a judgment of 28 June 2013, the Brussels Court of Appeal requested a preliminary ruling from the Supreme Court to clarify the notion of “full jurisdictional power” (volle rechtsmacht/pouvoir de pleine jurisdiction). This concept defines the scope of review of the Courts of Appeal in many (...)

The South African Supreme Court of Appeal and the Constitutional Court opens the door in South Africa to class actions in all forms (Pioneer Foods)
Norton Rose Fulbright (Johannesburg)
To date there have not been any successful private enforcement or collective redress claims in South Africa arising from breaches of competition law. However, over the last few years the Supreme Court of Appeal and the Constitutional Court, in cases against several bread manufacturers - the (...)

The South-African Constitutional Court upholds the appeal as regards certification of class actions for damages arising from a cartel violation and pronounces that the correct standard must determine if the institution of a class action would be in the interest of justice (Mukaddam / Pioneer Foods)
Nortons Incorporated
South African Constitutional Court rules on appropriate test for class action relief for damages* ZA Constitutional Court broadens ambit of class-action relief As previously reported, the Supreme Court of Appeal (the “SCA”) handed down two judgments, in November 2012, in respect of the (...)

The German Competition Authority publishes a report on its activities in 2011 and 2012
German Competition Authority (Bonn)
Bundeskartellamt`s Activity Report 2011/2012* Today, the President of the Bundeskartellamt, Andreas Mundt, presented the authority’s report on its activities in 2011 and 2012: ""In the past two years we have continued to enhance our cartel prosecution activities. In numerous sectors, this has (...)

The German Competition Authority publishes its new guidelines on the setting of fines
German Competition Authority (Bonn)
Bundeskartellamt`s New Fining Guidelines* Today the Bundeskartellamt has published its new guidelines on the setting of fines. Andreas Mundt, President of the Bundeskartellamt: ""The Federal Court of Justice’s latest decision has made it necessary for us to adjust our guidelines. On the whole, (...)

The German Competition Authority publishes its reviewed guidelines for the setting of fines deviating from the methodology used by the European Commission
Heinz & Zagrosek (Köln)
The FCO’s new fining guidelines – not much guidance after all* The FCO published new fining guidelines on June 25, 2013, which have been applied for several months now. However, the guidelines as well as the recent practice do not provide a lot of guidance. The previous fining guidelines (...)

The Croatian Parliament adopts amendments to the Competition Act coming into force on the day of accession of Croatia to the EU
University of Zagreb - Faculty of Economics and Business
On 21 June 2013 the Croatian Parliament adopted Amendments to the Croatian Competition Act (published in Narodne novine no. 80/2013). The Amendments came in force on 1 July 2013, the date of accession of the Republic of Croatia to the European Union. Although the intention was to incorporate (...)

The US Supreme Court reverses the judgment of the Court of Appeals and holds that the parties’ agreement on arbitration shall remain valid (American Express / Italian Colors Restaurant)
Faegre Baker Daniels (Indianapolis)
,
Faegre Baker Daniels (Minneapolis)
Supreme Court Decides American Express Co. et al v. Italian Colors Restaurant et al* On June 20, 2013, the Supreme Court decided American Express Co. et al v. Italian Colors Restaurant et al, No. 12-133, reversing the Second Circuit and holding that the Federal Arbitration Act (FAA) does not (...)

The US Supreme Court upholds contractual provision waiving class arbitration (American Express / Italian Colors Restaurant)
Cohen Milstein (Washington)
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Cohen Milstein (New York)
Plaintiff merchants asserted antitrust tying claims against American Express, alleging that its “honor all cards” rule leveraged its monopoly power in the credit card market to force merchants to accept cards with higher interchange fees than they would have paid in the absence of that rule. (...)

The US Supreme Court rules that an arbitration agreement did not prevent effective vindication of antitrust rights (American Express / Italian Colors Restaurant)
Wolters Kluwer (Riverwoods)
Arbitration Agreement Did Not Prevent Effective Vindication of Antitrust Rights* Consumers and small businesses that are parties to contracts containing arbitration agreements will find it tougher, if not impossible, to avoid the terms of those agreements and pursue an antitrust action in (...)

The UK OFT announces market study on competition in banking for small and medium-sized businesses
European Commission (Brussels)
United Kingdom: The OFT announces Market Study on SME Banking* On 19 June 2013, the Office of Fair Trading (OFT) announced a market study on competition in banking for small and medium-sized businesses (SMEs) and is seeking views on its scope. The study is part of the OFT’s continuing planned (...)

The U.S. Commissioner Wright offers proposed policy statement to guide the FTC’s section 5 unfair methods of competition enforcement
Techfreedom
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International Center for Law & Economics (Portland)
Section 5 of the FTC Act gives the Commission authority to challenge “unfair methods of competition” (UMC). In June 2013, Commissioner Joshua Wright of the FTC released a proposed policy statement on the Commission’s UMC authority. His statement is intended to create guidance for enforcement (...)

The Swedish Competition Authority presents results of inquiry into banking and financial sector
European Commission (Brussels)
Sweden: The Competition Authority presents Results of Inquiry into Banking and Financial Sector* On 17 June 2013, the Swedish Competition Authority (SCA) released a report presenting the results of a sector inquiry into the Swedish Banking and Financial Sector. The report focuses particularly (...)

The Maltese Office for Competition publishes draft leniency regulations for public consultation
European Commission (Brussels)
Malta: Draft Leniency Regulations published for Public Consultation* The Office for Competition (the Office), which is part of the Malta Competition and Consumer Affairs Authority, published on 14 June 2013 draft leniency regulations for public consultation. The public consultation will be (...)

The Austrian Federal Competition Authority launches public consultation on draft guidelines regarding vertical price fixing
European Commission (Brussels)
Austria: The Federal Competition Authority (FCA) launches Public Consultation on Draft Guidelines regarding Vertical Price Fixing* In the course of recent enforcement activities by the FCA, it has appeared that vertical price fixing practices combined with horizontal coordination are (...)

The Netherlands Authority for Consumers and Markets looks into relationship between behavioural economics and competition enforcement
European Commission (Brussels)
The Netherlands: The Netherlands Authority for Consumers and Markets looks into Relationship between Behavioural Economics and Competition Enforcement* The Authority for Consumers and Markets (ACM) has researched what behavioural economics can mean for competition policy. The research report (...)

The European Commission adopts a package on private damages actions in antitrust cases
White & Case (Brussels)
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General Court of the European Union (Luxembourg)
,
White & Case (Brussels)
Summary On 11 June 2013, the European Commission (“Commission”) adopted a proposal for a directive on how citizens and companies can bring damages claims under EU antitrust rules. According to the Commission, the proposal serves to remove a number of practical difficulties which claimants face (...)

The European Commission proposes a legislative framework for the private enforcement of the competition rules in the EU
Mircea & Partners (Bucharest)
The saga of the private enforcement of the competition rules in the European Union started long time ago, since the European Court of Justice made the victims of the infringement of the competition rules aware of the right to ask for compensation for the damages incurred, based directly on the (...)

The European Commission proposes a directive for the harmonization of private enforcement of competition law within the EU
Vrije University of Amsterdam
The Commission’s proposal for a directive on actions for damages caused by infringements of antitrust law in Member States* Infringements of antitrust law can cause serious harm to consumers and businesses in the European Union. Under EU law the victims of infringements of antitrust law can (...)

The European Commission proposes a draft for a directive on damages for antitrust infringements
University of East Anglia - CCP (Norwich)
Article published on Centre for Competition Policy Blog. Is the New EU Private Enforcement Draft Directive Too Little Too Late?* After a decade of debate, consultation and guidance papers, DG Competition has finally released its draft Directive on actions for damages. It has been driven by (...)

The European Commission adopts a package on private damages actions in antitrust cases
General Court of the European Union (Luxembourg)
,
White & Case (Brussels)
,
White & Case (Stockholm)
On 11 June 2013, the European Commission ("Commission") adopted a proposal for a directive on how citizens and companies can bring damages claims under EU antitrust rules. According to the Commission, the proposal serves to remove a number of practical difficulties which claimants face when (...)

The European Commission adopts a package of measures to facilitate competition law private actions in the EU
Herbert Smith Freehills (London)
,
Herbert Smith Freehills (London)
,
Herbert Smith Freehills (London)
1. Introduction and overview The European Commission (the "Commission") on 11 June 2013 adopted a package of measures aimed at facilitating competition law private actions in the EU. The package consists of: A proposal for a Directive on competition law private damages actions in the EU (...)

The Italian Regional Administrative Court of First Instance clarifies the calculation of interests in case of delay in the payment of antitrust fines (Jotun Italia)
Lipani Catricalà & Partners (Rome)
*Italian antitrust administrative case law. Overview of all decisions from April to June 2013 (Third contribution) 1. Premise –This work is the third contribution of a project (hereinafter, the “Project”) aimed to offer a general, quarterly overview of all the decisions of Italian administrative (...)

The Netherlands Authority for Consumers and Markets issues market analysis on brewery contracts
European Commission (Brussels)
The Netherlands: The Netherlands Authority for Consumers and Markets issues Market Analysis on Brewery Contracts* On 6 June 2013, the Netherlands Authority for Consumers & Markets (ACM) issued a market analysis on the impact of arrangements between brewing companies and bar owners. ACM (...)

The EU Court of Justice rules that the principle of effectiveness precludes a provision of national law under which the access to leniency documents is obstructed with no place left for a proportionality test (Donau Chemie)
Mircea & Partners (Bucharest)
I. Introduction The main pursuit of this article is to analyse the judgment of CJEU by comparing it to the conclusions provided by AG Jääskinen on the 7 February 2013. The facts have been described previously in my article from e-Competitions N°51003. The Austrian Consent Rule as enshrined by (...)

The Spanish Congress approves the creation of a new competition authority, the National Commission on Markets and Competition (NCMC)
Hogan Lovells (Madrid)
Important Changes to the Antitrust Institutional Structure in Spain* On 5 June 2013, the Spanish Congress approved the creation of a new Spanish competition authority: the National Commission on Markets and Competition (Comisión Nacional de los Mercados y la Competencia, “NCMC“). The NCMC will (...)

The Spanish Parliament creates a new authority in charge of both competition and regulatory matters (National Markets and Competition Commission)
European Commission (Brussels)
Spain: Creation of the new National Markets and Competition Commission, CNMC* On 4 June 2013, the Spanish Parliament adopted Act 3/2013 creating a new authority in charge of both competition and regulatory matters: the Comisión Nacional de los Mercados y la Competencia, CNMC (National Markets (...)

The U.S. White House addresses frivolous patent litigation: impact on competition issues
Skadden, Arps, Slate, Meagher & Flom (Washington)
,
Skadden, Arps, Slate, Meagher & Flom (Washington)
,
Skadden, Arps, Slate, Meagher & Flom (Washington)
On June 4, 2013, the White House announced a set of executive actions and legislative recommendations to address the issue of frivolous litigation brought by companies that assert patents without also manufacturing a product based on those patents. That same day, the National Economic Council, (...)

The Bulgarian Competition Authority issues opinion in ex officio proceedings regarding the compliance with the competition rules of two legal acts regulating the supply of central heating
European Commission (Brussels)
Bulgaria: The Legal Framework on Central Heating distorts Competition and may harm Consumers’ Welfare* By Decision No 623/30.05.2013, the Bulgarian Commission on Protection of Competition (CPC) adopted a competition advocacy opinion in ex officio proceedings concerning compliance with the (...)

The US Supreme Court vacates another no-injury washing machine class action (Butler)
Skadden, Arps, Slate, Meagher & Flom (Washington)
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Skadden, Arps, Slate, Meagher & Flom (Washington)
,
Skadden, Arps, Slate, Meagher & Flom (Washington)
On 3 June 2013, the U.S. Supreme Court summarily vacated and remanded the U.S. Court of Appeals for the Seventh Circuit’s decision in Butler v. Sears, Roebuck & Co., 702 F.3d 359 (7th Cir. 2012), for further consideration in light of Comcast Corp. v. Behrend, 133 S. Ct. 1426 (2013) (...)

Regulatory

The Mexican Parliament adopts sweeping telecom reform aiming at cracking down on dominant operators, inducing significant reform of competition law and agency
Creel García-Cuéllar Aiza y Enríquez SC
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Chanel
On June 11th, 2013, a significant amendment to the Mexican Constitution known as “the new Telecommunications Act”, which also significantly impacts the competition regime, was enacted, and will enter into force on June, 12th. The amendment is seen as resulting from the "Pact for Mexico", entered (...)

Public sector

The Tirana District Court quashes a decision of the Albanian NCA on bid rigging in the security and guarding services public procurement (Eurogjici)
University of Tirana
On December 2012 the Tirana Court of Appeals, handed down a decision on quashing a decision of the Albanian Competition Authority (ACA), on a bid rigging in the public procurement of security and guarding services by various public institutions and companies in Albania. This decision imposed a (...)

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