May 2015

Anticompetitive practices

The Russian Competition Authority concludes that two undertakings concluded an anticompetitive agreement in the market of supplies of frozen swai fillet from Vietnam (VASEP)
Russian Federal Antimonopoly Service (Moscow)
FAS found that the Association of Production and Trading Enterprises of the Fish Market and the Vietnam Executive of Seafood Export to Russian Market concluded a prohibited agreement* On 30th May 2014, the Federal Antimonopoly Service (FAS Russia) found that the “Association of Production and (...)

A US District Court grants preliminary injunction, reminding that if a group of competitors excludes another class of competitors, the question of whether competition is harmed turns on whether the excluded class offers competitive benefits to the market (Teladoc / Texas Medical Board)
Bona Law (San Diego)
Texas Federal Court Acts for Teladoc in Antitrust Case Against State Medical Board* It is easier to succeed in business without competition than with it. And if you are used to practicing your profession in a particular way, it is quite uncomfortable when new approaches develop that undercut (...)

The Portuguese Competition Authority sends statement of objections to 15 banking institutions for allegedly exchanging sensitive data regarding the supply of retail-banking loan products (Barclays)
Abreu Advogados (Lisbon)
The Portuguese Competition Authority confirmed having sent a Statement of Objections to 15 banks for suspected participation in a concerted practice. According to the last press release issued by the Portuguese Competition Authority on June 5, 2015, the Statement of Objections was issued on May (...)

The Düsseldorf Higher Regional Court imposes fine on two manufacturers of clay roof tiles for cartel (Cartel of manufacturers of clay roof tiles)
German Competition Authority (Bonn)
Fines for clay roof tile cartel: 66 million euros declared final – 70 million euros invalid due to loophole in legal succession provisions* With its decision of 29 May 2015 the Düsseldorf Higher Regional Court imposed fines amounting to around 42 million euros on two manufacturers of clay roof (...)

The US FTC reaches record $1.2 billion proposed “pay for delay” settlement and injunctive relief restricting future similar settlements of patent infringement cases (Cephalon)
Weil, Gotshal & Manges (New York)
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Weil, Gotshal & Manges (New York)
Federal Trade Commission Reaches Record $1.2 Billion Proposed “Pay for Delay” Settlement with Cephalon and Injunctive Relief Restricting Future Similar Settlements of Patent Infringement Cases* Last week, on the eve of trial, the Federal Trade Commission (“FTC”) reached a proposed settlement in (...)

The US Court of Appeals for the Second Circuit addresses pharmaceutical “product hopping” in decision barring a producer from pulling older version of drug from shelves (Actavis)
Winston & Strawn (Washington)
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Winston & Strawn (Washington)
Few courts have addressed antitrust challenges to pharmaceutical “product hopping,” i.e., the practice of shifting customers from a drug nearing the end of its patent protection to a modified version that is covered by newer patents and thus is protected from generic competition for a longer (...)

The US FTC reaches settlement in post-Actavis reverse payment case (Cephalon)
Gibson Dunn (Washington)
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O’Melveny & Myers (Los Angeles)
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Debevoise & Plimpton (Washington, D.C.)
The Federal Trade Commission (“FTC”) has reached a settlement resolving its claims that Cephalon, Inc. violated the antitrust laws by entering into reverse payment settlements to delay generic competition for Provigil. This is the first FTC settlement of a reverse payment case post-Actavis, and (...)

The US FTC reaches a settlement with a pharmaceutical company and continues march “to set a standard for the industry” in pay-for-delay settlements cases (Cephalon)
Sheppard Mullin (Los Angeles)
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Sheppard Mullin (Washington)
Federal Trade Commission Continues March “to Set a Standard for the Industry” with Cephalon Settlement* On May 28, the Federal Trade Commission (“FTC”) announced it had reached a $1.2 billion settlement with Teva Pharmaceuticals, which acquired Cephalon in 2012, over reverse payment for its (...)

The Indian Competition Authority exonerates leading car manufacturer from accusations of anticompetitive agreement and abuse of dominance (Rooster Info / Maruti Suzuki)
Vaish Associates, Advocates (New Delhi)
CCI exonerates Maruti Suzuki India Ltd. against allegations of anti-competitive agreement and abuse of dominant Position* CCI by its order dated May 28, 2015 exonerated Maruti Suzuki India Ltd (Maruti) for alleged contravention of sections 3 and 4 of the Act. The instant case was filed by (...)

The Russian Competition issues its new version of the recommendations on apatite concentrate
Russian Federal Antimonopoly Service (Moscow)
FAS presented a new version of the Recommendations on apatite concentrate* On 27 May 2015 the Federal Antimonopoly Service (FAS Russia) published on its official web-site refined Recommendations for non-discriminatory access to acquiring apatite concentrate. They were improved due to the (...)

The Italian Competition Authority finds a collusive tendering practice in the market for rail equipment (Forniture Trenitalia)
Desogus Law Office (Cagliari)
In the Forniture Trenitalia case the Italian Competition Authority (ICA) has closed an Article 101 TFEU investigation into a collusive tendering practice with an infringement decision . It found 13 firms guilty of bid-rigging and imposed on them a total fine of € 1,987,307.16 for regulating (...)

The US District Court for the Northern District of California allows a class action alleging price-fixing in the capacitors sector to go forward (Capacitors antitrust class action)
Siemens (New York)
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Patterson Belknap Webb & Tyler (New York)
In re Capacitors Antitrust Class Action Litigation Survives Motion to Dismiss* Direct and indirect capacitor purchasers who filed class action complaints against an alleged worldwide cartel of capacitor manufacturers have, for the most part, survived a motion to dismiss in the Northern (...)

The Italian Competition Authority finds a collusive tendering practice in the market for post-production TV programmes (Servizi di post-produzione di programmi televisivi-Rai)
Desogus Law Office (Cagliari)
In Servizi di post-produzione di programmi televisivi-Rai (Rai TV post production services) the Italian Competition Authority (ICA) has found that several operators infringed Article 2 of the Italian Competition Act no. 287/90, corresponding to Article 101 TFEU, as they were guilty of (...)

The Russian Competition Authority fines once again an electricity provider for failure to submit information (Vostok)
Russian Federal Antimonopoly Service (Moscow)
“Vostok” Ltd. is fined again for failure to submit information* The Federal Antimonopoly Service (FAS Russia) imposed an administrative fine upon the General Director of “Vostok” Ltd. (Kyzyl, the Republic of Tyva) for failure to submit information to the federal antimonopoly body (breaching Part 5 (...)

The Russian Competition Authority fines a manufacturer and its dealers for having implemented a vertical agreement (Argus-Spektr)
Russian Federal Antimonopoly Service (Moscow)
FAS fined “Argus-Spektr” CJSC 19.5 million RUB for prohibited “vertical” agreements* Conducting administrative proceedings upon the fact of concluding prohibited “vertical” agreements between “Argus-Spektr” CJSC and its dealers, the Federal Antimonopoly Service (FAS Russia) imposed 18 administrative (...)

European Competition Authorities adopt decisions on Most Favoured Nation clauses and rebate schemes that are relevant and applicable in the context of ASEAN competition law (Booking.com / Post Danmark)
Rajah & Tann (Singapore)
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Rajah & Tann (Singapore)
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McCarter & English (Washington)
Introduction As we move into the second half of the year, we examine two recent competition enforcement cases in Europe, and consider their relevance and applicability in the context of ASEAN competition law. Specifically, we discuss the position taken in Europe with regards to Most Favoured (...)

The US Department of Justice receives five parent-level guilty pleas for conspiring to manipulate foreign-currency markets from financial institutions (Citicorp / JPMorgan Chase / Barclays / RBS / UBS)
Porter, Wright, Morris & Arthur (Columbus)
World’s top banks plead guilty to gaming foreign-currency markets* Scandal roiled the banking industry Wednesday as four of the world’s largest banks — Citigroup, JPMorgan Chase, Barclays and Royal Bank of Scotland — pleaded guilty to federal antitrust violations for conspiring to manipulate (...)

The European General Court rejects an appeal against a Commission decision fining compagnies for a cartel participation (Hybrid Cartel)
Van Bael & Bellis (Brussels)
On 20 May 2015, the General Court (“GC”) rejected an application for annulment by Timab Industries against a 2010 Commission decision imposing a fine of €59.8 million on the company for its participation in the animal feed phosphates cartel. Timab, a subsidiary of Cie Financière et de (...)

The US Department of Justice awards a company sentencing credit for implementing an effective compliance program after the launch of an investigation in the alleged forex cartel conspiracy (Barclays)
Paul Hastings (Washington)
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Paul Hastings (Washington)
As spring gives way to summer, the first “green shoots” signaling the willingness of the Antitrust Division of the U.S. Department of Justice to credit compliance programs have emerged. For the first time ever, the Division has awarded a company sentencing credit for implementing an effective (...)

The Indian Competition Authority clears 3 vertically related organizations in the housing market from allegations of collusion because their standard clauses are not proven to determine purchase prices (Bombay Dyeing / CREDAI / MCREDAI)
Vaish Associates, Advocates (New Delhi)
CCI dismisses allegations of cartelisation against Bombay Dyeing & Manufacturing Company Limited, Confederation of Real Estate Developers Association of India& Maharashtra Chamber of Housing Industries* CCI by its order dated May 19, 2015 exonerated Bombay Dyeing Manufacturing Company (...)

The Russian Competition Authority applies new rules to approve changes to the conditions of concession agreements
Russian Federal Antimonopoly Service (Moscow)
FAS shall apply new rules to approve changes to the conditions of concession agreements* At the end of April the Government of the Russian Federation passed No.406 Decree introducing changes to the work of the Federal Antimonopoly Service (FAS Russia) on approving amendments to concession (...)

The Cyprus Competition Authority fines two undertakings for an anticompetitive agreement in the telecommunication sector (CYTA / Forthnet)
Neocleous (Nicosia)
Facts of the case The present case concerns an ex officio investigation regarding an agreement between CYTA and Forthnet aimed at (a) the indirect price fixing and exchange of sensitive information relating to their future commercial policy, (b) the effect of limiting production or markets or (...)

The German Competition Authority imposes a fine on a manufacturer for resale price maintenance in the market of portable navigation devices (United Navigation)
German Competition Authority (Bonn)
Fine imposed for resale price maintenance in the sale of portable nagivation devices* The Bundeskartellamt has imposed a fine of 300,000 euros on United Navigation GmbH, Ostfildern, for enforcing resale price maintenance on retailers selling its products. From July 2009 to May 2014 (...)

The EU Commission approves commitments made by several airlines regarding the creation of a profit-loss sharing joint venture (Air France / Alitalia / KLM / Delta)
Covington & Burling (Brussels)
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Liège University - IEJE
I. The Parties The four involved parties are four of the main actors on the global airline market: (i) Société Air France (hereafter “Air France”); (ii) Alitalia Società Aerea Italia SpA (hereafter “Alitalia); (iii) Koninklijke Luchtvaart Maatschappij (hereafter “KLM”) and; (iv) Delta Air Lines (...)

The Indian Competition Authority clears a fire safety equipment manufacturer from allegations of anticompetitive conduct and abuse of dominance (Agni Devices)
Vaish Associates, Advocates (New Delhi)
CCI exonerates Agni Devices Pvt Ltd for anti-competitive agreement and abuse of dominant position* CCI by its order dated May 7, 2015 dismissed allegations of violation of sections 3 and 4 of the Act against Agni Devices Pvt. Ltd (Agni). The case was filed by Shri Ashok Kumar Sharma against (...)

The California Supreme Court delineates a structured rule of reason analysis for evaluating reverse payments or pay-for-delay settlements (Cipro)
Sheppard Mullin (Los Angeles)
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Sheppard Mullin (Washington)
California Supreme Court Delineates a Structured Rule of Reason Analysis for Evaluating Reverse Payment or Pay-for-Delay Settlements* On May 7, 2015, the California Supreme Court issued its long-awaited decision in In re Cipro Cases I & II, Case No. S198616 (May 7, 2015) (Cipro). Cipro (...)

The Finnish Competition and Consumer Authority and the Finnish Ministry of Employment and the Economy jointly explore potential need to develop national law regarding digital business and commerce
University of Helsinki
The Finnish Competition and Consumer Authority (FCCA) and the Finnish Ministry of Employment and the Economy (FMEE) have published a press release and a memo about launching a study on digital business and commerce from the standpoint of assessing whether the need exists to better adapt (...)

The California Supreme Court crafts "structured rule of reason" test for evaluating pay-for-delay settlements (Cipro)
Siemens (New York)
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Patterson Belknap Webb & Tyler (New York)
Following Actavis, California Supreme Court Crafts “Structured Rule of Reason” Test for Evaluating Pay-for-Delay Settlements* Last Thursday the Supreme Court of California decided In re Cipro Cases I & II, No. S198616 (Cal. May 7, 2015), holding that reverse payment, or “pay-for-delay,” (...)

The Taiwan Fair Trade Commission fines a company for restraining market competition by boycotting the winning bidder of a government project (Dell Taiwan)
Chung Yuan Christian University (Taiwan)
Introduction On May 7, 2015, the Taiwan Fair Trade Commission (TFTC) fined Dell Corporation of Taiwan (Dell Taiwan) two million New Taiwan dollars (approximately 66,000 US dollars) for requesting distributors and resellers of SonicWALL, an indispensable software for the performance of the (...)

The UK Competition and Market Authority decides to close its investigations following approval of European interchange fees regulation (MasterCard / Visa)
Constantine Cannon (London)
UK Competition and Market Authority Shuts Down MasterCard and Visa Probes Following Approval of European Interchange Fees Regulation* The UK Competition and Markets Authority (“CMA”) announced on Wednesday that it is closing its investigations into MasterCard’s and Visa’s multilateral interchange (...)

The EU Commission launches an antitrust sector inquiry into the e-commerce sector
Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
On May 6, 2015, the European Commission (Commission) launched an antitrust sector inquiry into the e-commerce sector. This sector inquiry is part of the Commission’s broader Digital Single Market Strategy, which aims inter alia to improve access for consumers and businesses to online goods and (...)

Unilateral Practices

The Guangdong High People’s Court hears the appeal of one of China’s first administrative monopoly cases (Guangdong Education Department / Shenzhen Sware Technology)
University of Melbourne
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China Competition Bulletin (Beijing)
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Hogan Lovells (Beijing)
One of China’s first administrative monopoly court cases heard in Guangdong* On 28 May 2015, the Guangdong High People’s Court heard the appeal of the administrative monopoly case against the Guangdong Education Department filed by Shenzhen Sware Technology. The court is expected to announce its (...)

The Bulgarian Commission for Protection of Competition fines three power distribution companies for abusing their dominant market positions by imposing excessive prices to cable operators (CEZ, EVN and Energo-pro)
Johnson & Johnson (Sofia)
On May 27, 2015 the Bulgarian Commission for Protection of Competition adopted three separate decisions imposing sanctions on each of the three power distribution companies, and namely CEZ Distribution Bulgaria AD , EVN Bulgaria Electrical Distribution AD and ENERGO-PRO Grids AD for abusing (...)

The UK Competition and Markets Authority publishes an updated issues statement of its investigation concerning the market of the supply of personal current accounts and retail banking services to SMEs
British Competition Authority - CMA (London)
CMA publishes updated issues statement in banking market investigation* The CMA has today published an updated issues statement as part of its investigation into the supply of personal current accounts and retail banking services to SMEs. The updated issues statement summarises the (...)

The Indian Competition Authority opens investigation into abuse of dominance by local developer company (Jaypee Greens)
Vaish Associates, Advocates (New Delhi)
CCI initiates investigation against Jaypee Greens* CCI by its order dated May 21, 2015 has initiated an investigation against M/s Jaypee greens for alleged abuse of dominance in the relevant market for “the services of development and sale of residential units in Noida and Greater Noida” on (...)

ECJ Advocate General Kokott deals another blow to economic assessment of rebates (Post Danmark II)
Baker McKenzie (Brussels)
Advocate general deals another blow to economic assessment of rebates* It is never a good sign when an advocate general’s opinion warns the European Court of Justice (ECJ) not to be swayed by “ephemeral trends” or the “Zeitgeist” of economic analysis, but instead to stick to the “legal foundations (...)

The Russian Competition Authority exposes the novelties concerning criminal liability for cartels
Russian Federal Antimonopoly Service (Moscow)
Novelties in criminal liability for cartels* On 19 May 2015, Deputy Head of the Anti-Cartel Department of the Federal Antimonopoly Service (FAS Russia), Andrey Filimonov, took part in the Round Table on the “Pressing Issues of Qualifying Economic Crimes and Abuses of Office”. The Round Table (...)

The Ningxia Administration for Industry and Commerce suspends an abuse of dominance investigation after receiving commitments from the companies (China Tietong, China Unicom, China Telecom)
University of Melbourne
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China Competition Bulletin (Beijing)
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Hogan Lovells (Beijing)
Tied sales of landline telephone services investigated in Ningxia* The SAIC reported that, on 15 May 2015, the Administration for Industry and Commerce in the Ningxia Hui Autonomous Region (Ningxia AIC) suspended its antitrust investigation of the Ningxia branches of China Tietong, China (...)

The Indian Competition Authority dismisses allegations of anticompetitive conduct and abuse of dominance against a fast food restaurant chain in the market for franchisee services (Doctor’s Associates / Subway International / Subway Systems India)
Vaish Associates, Advocates (New Delhi)
CCI dismisses case against Doctor’s Associates Inc, Subway International, Subway Systems India Private Limited alleging abuse of dominance and anti-competitive activities* CCI vide its order dated May 13, 2015 exonerated Doctor’s Associates Inc (DA), Subway International (SI), Subway Systems (...)

The Russian Competition Authority fines an electricity provider for abuse of dominance (Lenenergo)
Russian Federal Antimonopoly Service (Moscow)
St Petersburg OFAS fined “Lenenergo” nearly 50 million RUB* The Office of the Federal Antimonopoly Service (St Petersburg OFAS Russia) found that “Lenenergo” OJSC abused dominance (Part 1 Article 10 of the Federal Law “On Protection of Competition”) and fined the company nearly 50 million RUB. The (...)

The Indian Competition Authority finds the largest national commercial real estate developer guilty of abuse of dominance in a local market for apartments (DLF Gurgaon)
Vaish Associates, Advocates (New Delhi)
CCI holds DLF’s Buyer’s Agreement abusive and unfair* CCI by its order dated May 12, 2015 held that DLF Group abused its dominant position in the Gurgaon apartment buyers market by imposing abuse terms and unfair terms and conditions. CCI directed DLF and its group companies to cease and desist (...)

The Indian Competition Authority investigates mobile telephony SEP holder for practices contrary to FRAND terms (iBall / Ericsson)
Vaish Associates, Advocates (New Delhi)
CCI commences another investigation against Ericsson in relation to Standard Essential Patents (SEPs)* CCI by its order dated May 12, 2015 has initiated an investigation against M/s Telefonaktiebolaget L M Ericsson (Publ) & M/s Ericsson India Private Limited for alleged contravention of (...)

The Indian Competition Authority exonerates government departments from abuse of dominance charges on the grounds that state authorities do not fall under provisions of the Indian Competition Act (Builders Association of India / State of Kerala)
Vaish Associates, Advocates (New Delhi)
CCI exonerates state of Kerala, Kerala Public Works Department, Kerala State Construction Corporation and, Finance Department, Kerala for alleged abuse of dominance* CCI by its order dated May 12, 2015, rejecting the allegations of Builders’ Association of India (Kerala Chapter) (BAI), held (...)

The Belgian Competition Authority closes its investigation against an electricity supplier after finding no infringement of the competition rules (Electrabel / Lampiris)
Belgian Competition Authority (Brussels)
The Investigation and Prosecution Service of the Belgian Competition Authority closes its investigation regarding the incorporation by Electrabel of the opportunity cost of greenhouse gas emission allowances it had received free of charge in its wholesale price for electricity.* In a complaint (...)

The EU Commission launches a formal investigation into e-commerce
Constantine Cannon (London)
European Commission’s Digital Single Market Strategy Is Storming The Border Walls In E-Commerce* The European Commission (“EC”) is taking aim at artificial restraints on cross-border online sales in the European Union with its launch of a formal investigation into e-commerce. The antitrust (...)

The Chinese NDRC targets price-related illegal conducts in the pharmaceutical sector
King & Wood Mallesons (Beijing)
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King & Wood Mallesons (Beijing)
NDRC Targets Price-related Illegal Conducts in the Pharmaceutical Sector* On May 4, 2015, the NDRC published Notice on Reinforcing Supervision over Medical Prices (“Notice”). In the Notice, the NDRC issued a range of specific opinions on the supervision over medical price, including immediately (...)

Mergers

The UK Competition and Markets Authority provisionally clears a merger in the packaging market (Sonoco / Weidenhammer)
British Competition Authority - CMA (London)
CMA provisionally clears packaging merger* The CMA has provisionally cleared the completed acquisition by Sonoco Products Company of Weidenhammer Packaging Group. Sonoco and Weidenhammer both produce composite cans (rigid tubes with closures on each end) which are supplied to customers for (...)

The Mexican Competition Authority clears a merger, subject to remedies, in the cut bond paper market (Bio Pappel / Scribe)
Mexican Competition Authority (Mexico city)
COFECE conditions merger between Bio Pappel and Scribe* The Mexican Federal Economic Competition Commission (COFECE) accepted commitments presented by Bio Pappel Group to merge with Scribe Corporation. COFECE deemed these commitments would avoid risks to competition and free market access in (...)

The FTC challenges a merger in regional markets for sterilization of products using radiation based on future competition concerns (Steris / Synergy Health)
Doyle, Barlow & Mazard (Washington DC)
FTC Challenges Deal Based on Future Competition Concerns* On May 29, 2015, the Federal Trade Commission (“FTC”) issued an administrative complaint alleging that Steris Corporation’s (“Steris”) proposed $1.9 billion acquisition of Synergy Health plc (“Synergy”) would violate the antitrust laws by (...)

The UK Competition and Markets Authority reviews a merger remedy in the market of media related services (GTCR Canyon / Gorkana)
British Competition Authority - CMA (London)
CMA consults on GTCR proposed undertaking* The CMA is consulting on a proposed undertaking in lieu of a reference in relation to GTCR’s acquisition of Gorkana Group. In April, the Competition and Markets Authority (CMA) announced it would consider in detail an undertaking proposed by GTCR (...)

The Japan Fair Trade Commission clears, subject to remedies, a merger in the market of manufacture and retail of paper and pulp products (Chuetsu / Oji)
Japan Fair Trade Commission (Tokyo)
The JFTC Reviewed the Proposed Acquisition of Shares of Chuetsu Pulp & Paper Co., Ltd. by Oji Holdings Corporation* Receiving notification regarding the proposed acquisition of shares of Chuetsu Pulp & Paper Co., Ltd. (hereinafter referred to as “Chuetsu”) by Oji Holdings Corporation (...)

The Spanish Supreme Court upholds a judgment of the National Court of Appeal and its assessment of the evidence regarding the definition of the relevant product market (Consenur / Ecotec)
Shearman & Sterling (Brussels)
In May, 2015, the Spanish Supreme Court issued judgment number 3974/2012 on the appeals submitted by the Administración General del Estado (General State Administration) against the judgment of the Audiencia Nacional (Spanish Court of Appeal, “AN”) of September 19, 2012. The Supreme Court (...)

The UK Competition and Markets Authority provisionally judges that an anticipated merger between pharmaceuticals enterprises could lead to higher prices in the personal lubricants market (Reckitt Benckiser / Johnson & Johnson)
British Competition Authority - CMA (London)
CMA sets out provisional concerns over lubricants merger* The CMA has provisionally found that Reckitt Benckiser’s anticipated acquisition of the K-Y brand could lead to higher prices for personal lubricants. Reckitt Benckiser (RB) and Johnson & Johnson (J&J) supply personal lubricants (...)

The Indian Competition Authority approves a merger between 4 subsidiaries of 2 holding companies in the markets for real estate development, and for building and project consulting (Glenville / JTC)
Vaish Associates, Advocates (New Delhi)
CCI approves combination of Singbridge Pte. Ltd, Surbana International Consultants Holdings Pte. Ltd, Ascendas Pte. Ltd and Jurong International Holdings Pte Ltd.* CCI by its order dated May 21, 2015 approved the combinations of Singbridge Pte. Ltd. (Singbridge) and Surbana International (...)

The Polish Competition Authority clears a merger in the market of production and retail of home appliances (FagorMastercook / BSH Hausgeräte)
Polish Competition Authority (Warsaw)
Poland’s competition Authority okays sale of Bosch-Fagormastercook* UOKiK has given BSH Hausgeräte its approval to purchase FagorMastercook, stating the acquisition will not significantly limit competiton on the market. Poland’s Office of Competition and Consumer Protection (UOKiK) has approved (...)

The German Competition Authority clears a merger in the agricultural trading and feed production sectors (Getreide / Agravis Raiffeisen)
German Competition Authority (Bonn)
Agravis AG and Danish Agro can take over large parts of Getreide AG* The Bundeskartellamt has cleared the proposed takeover of large parts of the agribusiness activities and the production of seeds and feedstuffs of Getreide AG by Agravis Raiffeisen AG and its Danish cooperation partner Danish (...)

The Brazilian Administrative Council for Economic Defense issues guidelines on gun jumping
Mattos Filho Veiga Filho Marrey Jr & Quiroga (New York)
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Mattos Filho, Veiga Filho, Marrey Jr. & Quiroga (Sao Paulo)
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Mattos Filho, Veiga Filho, Marrey Jr. & Quiroga (Sao Paulo)
On May 20, 2015, the Administrative Council for Economic Defense (“CADE”) issued guidelines on gun jumping (“Guidelines”). These Guidelines are not binding on parties involved in transactions that require antitrust approval in Brazil, but they serve as an important guidance for companies and (...)

The UK Competition and Markets Authority seeks permission to appeal in a case regarding trans-channel ferry transport services (Eurotunnel / SeaFrance / MyFerryLink)
British Competition Authority - CMA (London)
CMA seeks permission to appeal in Eurotunnel case* The CMA today announced that it will seek permission to appeal following last week’s Court of Appeal judgment in the Eurotunnel case. The judgment upheld a challenge to the Competition and Markets Authority’s (CMA) jurisdiction over (...)

The EU Commission approves an acquisition in the telecommunications sector after a lengthy Phase II investigation and subject to extensive commitments (Orange / Jazztel)
Van Bael & Bellis (Brussels)
On 19 May 2015, the European Commission conditionally approved the acquisition of Jazztel by rival telecommunications provider Orange. The approval, after a lengthy Phase II investigation including a Statement of Objections issued in February, is subject to extensive commitments to facilitate a (...)

The UK Competition and Market Authority seeks permission to appeal to the Supreme Court on what constitutes an enterprise (Eurotunnel, Société Coopérative de Production SeaFrance)
Simmons & Simmons (London)
Unconvinced by the outcome of the Eurotunnel case, the CMA wants guidance from the Supreme Court on what constitutes an enterprise for the purposes of UK merger control. The CMA is seeking permission to appeal the Court of Appeal judgment of 15 May 2015 in the Eurotunnel case. That judgment (...)

The EU Commission clears an international telecom’s acquisition of another national telecom, subject to conditions (Orange / Jazztel)
DG COMP (Brussels)
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DG COMP (Brussels)
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DG COMP (Brussels)
Orange/Jazztel: Convergence meets Consolidation in the Spanish Telecoms Sector* In a nutshell: The Orange/Jazztel transaction takes place in a market that tipped toward fixed-mobile multiple play offers. The forward-looking analysis included an assessment of the parties’ likely future roll-out (...)

The EU Commission clears a merger subject to remedies in the retail markets involving fixed internet access services (Orange / Jazztel)
DG COMP (Brussels)
Commission clears acquisition of Jazztel by Orange, subject to conditions* The European Commission has approved under the EU Merger Regulation the proposed acquisition of Jazztel plc, a telecommunications company registered in the UK but mainly active in Spain, by rival Orange SA of France. (...)

The French Competition Authority clears a merger subject to remedies between two gas providers in the intermediate and large-bulk LPG market (Totalgaz / UGI France)
French Competition Authority (Paris)
The Autorité de la concurrence clears, subject to conditions, the acquisition of Totalgaz by UGI France, the parent company of Antargaz.* Among the commitments discussed and negotiated with the Autorité, UGI shall, in particular, be obliged to divest its stakes in the capital of several LPG (...)

The Indian Competition Authority approves an acquisition of additional shares in life and general insurance joint ventures by their 2 holding companies (AXA India / Société Beaujon / BAL / BAGI)
Vaish Associates, Advocates (New Delhi)
CCI approves acquisition of Bharti AXA Life Insurance Company Limited and Bharti AXA General Insurance Company Limited by AXA India Holdings and SociétéBeaujon* CCI vide its order dated May 13, 2015 gave assent to acquisition of Bharti AXA Life Insurance Company Limited (BAL) and Bharti AXA (...)

The Croatian Competition Authority clears a merger in the markets of radio broadcasting and radio advertising (Nautical Centre Prgin / County Radio Šibenk)
Croatian Competition Agency (Zagreb)
CCA clears concentration between Nautical Centre Prgin and County Radio Šibenk* The CCA cleared in the first phase the acquisition of sole control of the undertaking NCP Nautički centar Prgin – Remontno brodogradilište Šibenik (NCP Nautical Centre and Shipyard) over the undertaking Županijski radio (...)

The Indian Competition Authority approves a takeover of global HVAC business by competitor, subject to conditions (Johnson Controls / Hitachi Appliances)
Vaish Associates, Advocates (New Delhi)
CCI approves combination proposed by Johnson Control Inc.* CCI vide its order dated May 7, 2015 approved the combination between Johnson Control Inc. (JCI), Hitachi Ltd. (Hitachi), and Hitachi Appliances, Inc. (HA). The proposed combination entails the acquisition of worldwide building (...)

State Aid

The EU Commission reminds that aid measures which are funded by beneficiaries themselves are unlikely to constitute State aid (Flemish Centre for Agricultural and Fisheries Marketing)
College of Europe (Bruges)
Commission in decision SA.39652* Aid measures which are funded by beneficiaries themselves are unlikely to constitute State aid. De minimis aid may be granted on condition that not only individual awards of aid remain below the various thresholds defined in different de minimis regulations (...)

The EU General Court dismisses an appeal, reminding that it cannot be declared that no infringement of EU law exists for the mere fact that the relevant action also violated national law (Diputación Foral de Bizkaia)
University of Bristol - Law School
Social housing, State aid and procurement show up again in EU Courts’ case law (T-397/12)* In its Judgment in Diputación Foral de Bizkaia v Commission, T-397/12, EU:T:2015:291 (only available in ES and FR), the General Court (GC) of the Court of Justice of the European Union (CJEU) has decided a (...)

The European Commission explains that a restructuring aid can finance any part of a restructuring plan and that compensatory measures initiated before the granting of restructuring aid can be taken into account as long as they are linked to the restructuring itself (Niki Luftfahrt)
College of Europe (Bruges)
Restructuring Aid* Restructuring aid can finance any part of a restructuring plan. Compensatory measures initiated before the granting of restructuring aid can be taken into account as long as they are linked to the restructuring itself. Restructuring aid On 13 May 2015, the General Court (...)

Procedures

The EU Court of Justice renders its first judgement on jurisdiction in competition damages actions (Cartel Damage Claims (CDC) Hydrogen Peroxide)
Blackstone Chambers (London)
Jurisdiction in competition damages actions: a first word from the CJEU* C-352/13 Cartel Damage Claims (CDC) Hydrogen Peroxide was the CJEU’s first judgment on the application of the Brussels I Regulation (44/2001) to competition damages claims. The case fell to be decided in the context of the (...)

The English Court of Appeal answers the question of when a decision should be remitted to a different decision-maker (HCA International)
Blackstone Chambers (London)
When should a decision be remitted to a different decision-maker?* The Court of Appeal’s answer to this question in HCA International Limited v CMA [2015] EWCA Civ 492 was, in effect: rarely. The judgment, which contains some serious criticism of the CMA even though it won the case, (...)

The Russian Constitutional Court confirms that unscheduled inspections launched by the Russian Competition Authority are legitimate (Argus-Spektr)
Russian Federal Antimonopoly Service (Moscow)
FAS unscheduled inspections are legitimate* On 14 May 2015, the Constitution Court of the Russian Federation dismissed the claim of “Argus-Spektr” CJSC regarding the norms of No.135-FZ Federal Law “On Protection of Competition” on unscheduled inspections by the antimonopoly body. “For already two (...)

The EU General Court dismisses the use of the Transparency Regulation to gain access to documents exchanged between the EU Commission and a national competition authority (Union de Almacenistas de Hierros de España)
Clifford Chance (Madrid)
Background information On 12 May 2015 the General Court has fully rejected the action brought by Union de Almacenistas de Hierros de España (“UAHE”), a professional association, against the decision taken by the European Commission on 18 June 2013. By virtue of such decision the European (...)

The U.S. Department of Justice Antitrust Division considers individual civil enforcement actions against executives implicated in corporate wrongdoing (Yates Memo)
Skadden, Arps, Slate, Meagher & Flom (Washington DC)
,
Jones Day (Cleveland)
,
Jones Day (Houston)
The U.S. Department of Justice Antitrust Division will consider individual civil enforcement actions against executives implicated in corporate wrongdoing, according to recent comments by DOJ Assistant U.S. Attorney General Bill Baer. His comments follow a September 2015 memo, "Individual (...)

The Bulgarian Competition Authority advocates for removing restrictions of competition concerning surveyors and providers of energy efficiency audits
European Commission
CPC Advocates for Removing Restrictions of Competition Concerning Surveyors and Providers of Energy Efficiency Audits* In the framework of its advocacy activities aimed at removing restrictions of competition in the field of professional services, the Commission on Protection of Competition (...)

The Lithuanian Competition Authority launches a sectorial inquiry on waste management
Lithuanian Competition Authority (Vilnius)
Sectorial inquiry into waste management proves lack of competition and transparent pricing* On May 6, the Competition Council launched a study on waste management in Lithuania. The sectorial inquiry was started last February in response to a high number of investigations into municipal (...)

The Federal Court of Australia rules against submissions on agreed penalties (Fair Work Building Industry Inspectorate / Construction, Forestry, Mining and Energy Union)
Deakin University
On 1 May 2015 the Full Court of the Federal Court of Australia ruled that it was not permissible for parties to make joint submissions as to the appropriate ‘pecuniary penalty’ to be imposed: Director, Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union (...)

The Australian Federal Court holds that in civil prosecutions, the regulator and respondent are not permitted to make joint submissions to the Court about the appropriate level of penalties that the Court may order (Director Fair Work Building Industry Inspectorate / Construction, Forestry, Mining and Energy Union)
Corrs Chambers Westgarth (Sydney)
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Corrs Chambers Westgarth (Sydney)
CORRS in brief - Where to now for leniency/cooperation in Australia ?* On 1 May 2015, the Full Court of the Federal Court delivered its decision in Director, Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union(CFMEU). The judgment overturned in excess of (...)

Regulatory

The Russian Competition Authority considers that pharmaceutical companies should work in Russia by European rules
Russian Federal Antimonopoly Service (Moscow)
Pharmaceutical companies should work in Russia by European rules* On 25 May 2015, FAS Expert Council on developing competition in the social sphere and health care discussed a draft Code of Conduct of pharmaceutical producers, devised by the Working Group under the auspices of the Health and (...)

The Polish Competition Authority completes a sector inquiry concerning the retail pharmaceutical market
Polish Competition Authority (Warsaw)
Poland’s competition Authority completes analysis of retail pharmaceutical market* UOKiK completes its sector inquiry into the retail pharmaceutical market, including the scope of state intervention in business operations on the market. Poland’s Office of Competition and Consumer Protection (...)

The Croatian Competition Authority issues an opinion concerning the exclusionary effect of a new prescription drugs reimbursement model
Croatian Competition Agency (Zagreb)
Exclusionary effect of the new prescription drugs model* Based on the complaint made by the Croatian Employers’ Association – Pharmaceutical Manufacturers Association, Innovative Medicines Initiative and Generic Drugs Manufacturers Association, the Croatian Competition Agency (CCA) carried out a (...)

The Pakistani Competition Authority issues a policy note to the Federal Government recommending to amend the insurance ordinance that currently prevents competition in the non-life insurance market
Competition Commission of Pakistan (Islamabad)
CCP issues policy note to govt to withdraw nicl’s monopoly over insurance of public property* The Competition Commission of Pakistan (CCP) has issued a Policy Note to the Federal Government recommending it to amend Section 166 of the Insurance Ordinance, 2000, which currently prevents (...)

Public sector

The Arbitration Court confirms the decision of the Russian Competition Authority on a bid-rigging case (Global Stroi)
Russian Federal Antimonopoly Service (Moscow)
Court confirmed legitimacy of FAS decision on a bid-rigging case against the “Central Military Commandant’s Office of the Interior Ministry Troops”* On 21 May 2015 Moscow Arbitration Court dismissed the claim of “SK Vozrozhdenie” Ltd. to invalidate the decision of the Federal Antimonopoly Service (...)

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