November 2010

Anticompetitive practices

The German Bundeskartellamt imposes first multi-million fines on chemical wholesalers for six regional cartels (BÜFA Chemikalien, Oldenburg, CG Chemikalien, Laatzen, Hanke & Seidel, Steinhagen)
European Commission (Brussels)
* Article published in ECN Brief 01/2011. The original title of this article appears below the e-Competitions title. Please note that the ECN is not the actual "author" of this case summary, but the mere source. As mentioned by the ECN : "The information provided by the ECN Brief is for (...)

The Chairman of the Czech Competition Authority confirms a CZK 52 million fine for the cartel of manufacturers of CRT screens (Samsung a. o.)
On 25 November 2010, the Chairman of the Czech Competition Authority (the “Competition Authority”) confirmed a fine of almost CZK 52 M imposed on five of the eight manufacturers of CRT screens who allegedly participated in a prohibited cartel agreement (the “Chairman’s Decision”). The manufacturers (...)

The Danish Competition Authority adopts decision without fines concerning resale price maintenance and restrictions of parallel trade in electrical appliances sector (Witt Hvidevarer)
Van Bael & Bellis (Brussels)
In a decision adopted on 24 November 2010, the Danish Competition Authority found that Witt Hvidevarer A/S (“Witt”), a Danish importer and wholesaler of robotic vacuum cleaners and floor washers manufactured by the American company iRobot, had engaged in anticompetitive practices over a period of (...)

The Swedish competition authority initiates proceedings against tyre companies for participation in alleged bid-rigging cartel (Däckia and Euromaster)
Stockholm University
On 24 November 2010, the Swedish Competition Authority (“the Competition Authority”) initiated proceedings in the Stockholm City Court against the two tyre dealers Däckia AB and Euromaster AB. According to the Competition Authority, the two companies have engaged in a bid rigging cartel operated (...)

The Japan Fair Trade Commission issues cease and desist orders and imposes surcharges on several manufacturers and distributors for price-fixing in the field of sales of electric wires for construction and distribution (Yazaki Corporation)
Japan Fair Trade Commission (Tokyo)
Cease and Desist Orders and Surcharge Payment Orders against Manufacturers and Distributors of Electric Wires for Construction and Distribution* The Japan Fair Trade Commission (JFTC), under the provisions of the Antimonopoly Act (AMA), has investigated companies engaged in manufacturing and (...)

The UK Court of Appeal upholds Chancellor’s order striking out "representative parts" of a class action claim (Emerald / British Airways)
Ropes & Gray (London)
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Cleary Gottlieb Steen & Hamilton (London)
Class Actions in the U.K: Emerald Supplies Limited & Anr. v. British Airways plc* The U.K. Court of Appeal has recently rebuffed an attempt by Plaintiff’s firm, Hausfeld, to bring a collective “opt out” style action using Rule 19.6 of the CPR rules (Emerald Supplied Limited v. British Airways (...)

The Romanian Competition Authority prosecutes seven tourism companies for price-fixing, market sharing and bid rigging practices (Tourism Cartel)
University of Technology (Tallinn)
On 15 June 2009 the Romanian Competition Authority (CC) initiated an investigation concerning the existence of anticompetitive agreements among several undertakings that provided accommodation and treatment services at the Olănești spa resort. The CC suspected that seven tourism companies have (...)

The Hungarian Metropolitan Court of Appeal upholds an infringement decision of the NCA concerning an exclusive supply and purchasing arrangement and finds that the addressees of the decision have no standing to challenge immunity granted to another party (Kortex Mérnöki Iroda)
Ernst & Young
The Metropolitan Court of Appeal upheld a decision of the Hungarian Competition Authority concerning an exclusive supply – exclusive purchasing arrangement and found that the addressees of the decision have no standing to challenge immunity granted to another party. I. The background of the (...)

A US federal district court denies dismissal of antitrust conspiracy claim in tomato products industry (The Morning Star Company, SK Foods)
Wolters Kluwer (Riverwoods)
Claim of Antitrust Conspiracy Among Tomato Processors Avoids Dismissal* The federal district court in Sacramento, California, has refused to dismiss an antitrust claim alleging that SK Foods L.P.—a now-defunct food products distributor—conspired with others to eliminate competition in the market (...)

An Italian Administrative Court annuls the Competition Authority’s decision to reject commitments offered by an undertaking in order to address competition concerns relating to the interchange fees (Master Card)
European Court of Justice (Luxembourg)
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NCTM - Studio Legale Associato (Milan)
I. Introduction On 16 November 2010, the Regional Administrative Tribunal of Latium (the “TAR Latium”) annulled a decision by which the Italian Competition Authority (the “ICA”), rejected the commitments proposed by MasterCard in a proceeding pursuant to Article 101 TFEU (the “Commitments”). (...)

The Spanish National High Court reduces the fine imposed for collective recommendation in the food sector (Propollo)
European Commission - DG COMP (Brussels)
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Cuatrecasas, Gonçalves Pereira
On November 10, 2010, the Spanish National High Court (Audiencia Nacional, the “AN”) partially upheld the Spanish Competition Commission’s (Comisión Nacional de la Competencia, the “CNC”) decision of September 29, 2009, and reduced the fine imposed on Interprofesional de Avicultura de Carne de Pollo (...)

The Spanish Supreme Court holds that the contracts between an oil operator and its resale distributors are legal (Repsol)
European Commission - DG COMP (Brussels)
I. Background On July 11, 2001, the Spanish Competition Authority (Tribunal de Defensa de la Competencia, TDC) resolved the case in its resolution number 490/00. In it, it was decided that Repsol S.A. had engaged in a practice prohibited by Article 1.1 of the Act 16/1989 (the former Antitrust (...)

The Japan Fair Trade Commission imposes surcharges on participants in bidding for offshore works (Kagoshima Prefecture)
Japan Fair Trade Commission (Tokyo)
Cease and Desist Orders and Surcharge Payment Orders against Participants in Bidding for Offshore Works ordered by Kagoshima Prefecture* The Japan Fair Trade Commission (JFTC), under the provisions of the Antimonopoly Act (AMA), has investigated participants in the bidding for offshore works (...)

The US FTC finds Michigan realtors’ policies violated antitrust laws in far reaching decision for joint ventures (Realcomp)
Jones Day (Washington)
Last week the Federal Trade Commission ruled that a Michigan realtors’ group violated federal antitrust law by limiting the publication of certain types of real estate listings within its Multiple Listing Service (MLS) and publicly accessible real estate web sites. Reversing a 2007 ruling by an (...)

The Romanian Competition Authority imposes a record fine on the professional association for fixing the minimum service fees of its members on the basis of both national and EU competition provisions (Expert and Licensed Accountants)
University of Technology (Tallinn)
On 2 November 2010 the Romanian Competition Authority (CC) prosecuted the Body of Expert and Licensed Accountants of Romania (CECCAR) for publishing the minimum service fees to be applied by the CECCAR members. The CC held that setting of the minimum service fees amounted to price fixing (...)

The Czech Regional Court rules that internal guidelines of an association of undertakings containing rules on determination of prices violate the ban on cartels (Sdruzeni pohrebnictvi)
Havel, Holasek & Partners (Prague)
I. Introduction On 1 November 2010, the Regional Court in Brno (hereinafter the "Regional Court") dismissed an administrative lawsuit brought by the Association of Funeral Services in the Czech Republic (in Czech: Sdruzeni pohrebnictvi v CR; hereinafter the "AFS") against the first-instance (...)

Unilateral Practices

The European Commission investigates in depth competition concerns on the internet market as regards unfavourable treatment of competing services in unpaid and sponsored search results coupled with an alleged preferential placement of own services (Google)
Sheppard Mullin (Del Mar)
EC Investigates Google for Potential Abuse of Dominance in Online Search Market* In July 2010, Vice President of the European Commission (EC) responsible for competition policy, Mr. Joaquin Almunia, referred to the essential role that competition policy has in ensuring “market access and (...)

The Latvian Competition Council fines retail chain for imposing unfair discounts on a milk processing company (Supernetto)
Competition Council of Latvia
The Competition Council Fines Retail Chain for Imposition of Unfair Discounts on Milk Processing Company* On 30 November 2010 the Competition Council (CC) adopted a decision to fine one of the largest retail chains in Latvia RIMI Latvia Ltd. for abuse of dominant position in retail trade. It (...)

The European Commission opens in-depth investigation over alleged antitrust violations in on-line search market (Microsoft, Google)
Wolters Kluwer (Riverwoods)
Microsoft Files Antitrust Complaint with European Commission Against Google* Microsoft Corporation has filed a formal complaint with the European Commission (EC) against Google Inc. as part of the EC’s ongoing antitrust investigation into the search engine company. In a March 30 blog post, Brad (...)

The Belgian Competition Authority imposes interim measures on leading producer of rough diamonds (De Beers)
European Commission (Brussels)
* Article published in ECN Brief 01/2011. The original title of this article appears below the e-Competitions title. Please note that the ECN is not the actual "author" of this case summary, but the mere source. As mentioned by the ECN : "The information provided by the ECN Brief is for (...)

The German Federal Court of Justice upholds an higher regional Court decision vacating the Federal Cartel Office’s decision fining a leading German drugstore chain for predatory pricing by disagreeing with the NCA’s method of calculating the purchase price (Rossmann)
American Bar Association
In its decision without reasons dated 12 November 2010, the Federal Court of Justice upheld the Düsseldorf Higher Regional Court’s decision vacating the Federal Cartel Office’s administrative fine dating from 8 February 2007 in the amount of € 300,000 on Rossmann, a leading German drugstore chain, (...)

The Chinese National Development and Reform Commission (NDCR) completes an investigation for tying conduct in the salt market (Wuchang Salt)
University of Melbourne
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China Competition Bulletin (Beijing)
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Institute of American Studies
Decision Against Abuse of Dominance Made under China’s Anti-Monopoly Law: Tying Conduct of the Hubei Salt Industry Group, Wuchang Branch* The local price bureau of the National Development and Reform Commission (NDRC) in Hubei (Hubei Price Bureau) has completed an investigation of a tying case. (...)

The Turkish Competition Board evaluates allegations against luxury car manufacturers for refusing to provide spare parts (Fer Mas Oto Ticaret/Ferrari, Maserati, Aston Martin, Porsche)
Erdem & Erdem (Istanbul)
The Competition Board («Board») evaluated the complaints against Fer Mas raised by a private service alleging that Fer Mas infringed effective competition by refusing to provide the requested spare parts. I. The parties and the allegations The complainant is a private service company providing (...)

The Bosnian & Herzegovinan Competition Authority closes the investigation into the alleged margin squeeze practices of the incumbent telecom operator (BH Telecom)
University of Technology (Tallinn)
On 4 November 2010 the Competition Authority of Bosnia & Herzegovina (KV) closed its investigation into the alleged abuse of dominant position on the part of the incumbent telecom operator BH Telecom. The KV‘s investigation was prompted by a complaint lodged by an independent telecom (...)

The Italian Antitrust Authority starts investigation against a media producer and distributor for infringement of art. 102 TFUE and national equivalent (R.T.I./Sky – Mondiali di Calcio)
Codacons
Sky Italia s.r.l. is controlled by News Corporation Ltd active on the media market, whose activity includes production and distribution of movies, tv show, newspaper, books and magazines’publication. (Reti Televisive Italiane) RTI S.p.A belongs to Mediaset Group, which controls the three main (...)

The Italian Competition Authority starts investigation in the market of football audiovisual rights for alleged infringement of Art. 102 TFEU (RTI/Sky)
National University of Singapore
On 3 November 2010, the Italian Competition Authority opened an investigation in the market of football audiovisual rights for an alleged abuse of dominant position, contrary to Article 102 TFEU (Treaty on the Functioning of the European Union). I. Parties of the Case SKY ITALIA (hereinafter, (...)

The Cyprus Competition authority fines the telecommunications incumbent over € 3 M for abusing its dominant position once again (Netsmart, Thunderworx)
Antoniou Advocates
NETSMART (CYPRUS) LTD (“Netsmart”) and THUNDERWORX LTD (“Thunderworx”) both undertakings active in the telecommunications industry, had filed to the Commission for the Protection of Competition (“CPC”) separate complaints in 2007 and 2005 respectively, both against CYTA, a Public Law undertaking (...)

The Chinese State Administration for Industry and Commerce (SAIC) receives requests for review in the internet industry (Baidu, Tencent)
AnJie Law (Beijing)
Market dominance and the Internet: new industry, new rules?* China’s biggest encyclopaedia website, Hudong.com, has requested an anti-monopoly review of Baidu, the leading Chinese internet search engine. Hudong.com is asking the State Administration for Industry and Commerce (SAIC) to fine (...)

Mergers

The US FTC announces consent agreement to address its concerns that a proposed acquisition would reduce competition in the provision of acute inpatient psychiatric services in three local markets (Universal Health Services / Psychiatric Solutions)
Skadden, Arps, Slate, Meagher & Flom (Washington)
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Skadden, Arps, Slate, Meagher & Flom (Palo Alto)
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Kirkland & Ellis (New York)
On November 15, the Federal Trade Commission (FTC) announced a proposed consent agreement to address the agency’s allegations that the $3.1 billion acquisition of Psychiatric Solutions, Inc. by Universal Health Services, Inc. (UHS) would reduce competition in the provision of acute inpatient (...)

The Latvian Competition Council conditionally approves a merger on the telecommunication market (Baltkom & Izzi)
Competition Council of Latvia
Merger in Telecommunication Market Approved Under Binding Conditions* On 13 November 2010 the Competition Council (CC) adopted a decision to approve the proposed merger of Baltkom group and Izzi group – the second and the third largest telecommunication companies in Latvia. While assessing the (...)

The UK Office of Fair Trading holds that merger between two laboratories does not require referral to the Competition Commission under the Enterprise Act 2002 (Reckitt Benckiser)
University of Southampton
I. Introduction The Office of Fair Trading (OFT) has decided the merger between Reckitt Benckiser Inc. (Reckitt) and Combe Incorporated (Combe) will not substantially lessen competition in the market for the supply of certain pharmaceutical products. The merger does not have to be referred to (...)

The US FTC sues to undo completed acquisition in the healthcare industry approved by bankruptcy court (LabCorp, Westcliff)
Jones Day (Washington)
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Jones Day (Washington)
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Jones Day (Washington)
The Federal Trade Commission has filed an administrative lawsuit seeking to undo Laboratory Corporation of America’s (« LabCorp ») acquisition of Westcliff Medical Laboratories, Inc. (« Westcliff »). According to the agency’s December 1 complaint, the merger will substantially lessen competition (...)

The US FTC sues to undo completed acquisition in the healthcare industry approved by bankruptcy court (LabCorp, Westcliff)
Jones Day (Washington)
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Jones Day (Washington)
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Jones Day (Washington)
The Federal Trade Commission has filed an administrative lawsuit seeking to undo Laboratory Corporation of America’s (« LabCorp ») acquisition of Westcliff Medical Laboratories, Inc. (« Westcliff »). According to the agency’s December 1 complaint, the merger will substantially lessen competition (...)

The Belgian Competition Council amends the conditions imposed on an acquisition in the audiovisual sector (Telenet / Canal+)
Van Bael & Bellis (Brussels)
In a decision of 29 November 2010, the Belgian Competition Council amended a condition that was imposed in 2003 on cable network operator Telenet‘s acquisition of pay-TV provider Canal+. The condition in question essentially required Telenet to offer its pay-TV content to competing network (...)

The US DoJ reaches consent agreement with parties to an acquisition in the graphite electrodes market (GrafTech / Seadrift)
Skadden, Arps, Slate, Meagher & Flom (New York)
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Skadden, Arps, Slate, Meagher & Flom (Palo Alto)
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Kirkland & Ellis (New York)
On November 29, 2010, the Department of Justice (DOJ) announced a consent agreement with GrafTech International relating to its acquisition of Seadrift Coke L.P. (Seadrift). This action marks the second time this year that the DOJ has sought relief in a vertical merger. It also represents the (...)

The UK Office of Fair Trading refers an anticipated acquisition in the chemicals sector to the Competition Commission, leading the parties to abandon it (Dorf Ketal/Johnson Matthey)
CRA International (London)
I. The transaction The transaction involved Dorf Ketal Chemicals (“Dorf”) purchasing the titanate and zirconate business of Johnson Matthey (“Vertec”). Dorf is an India-based supplier of inter alia titanate and zirconate. It is building a new plant in India, the capacity of which would have been (...)

The EU Commission clears acquisition of the global sunflower seed business (Monsanto / Syngenta)
Stanford University - Stanford Law School
European Commission clears Syngenta’s acquisition of Monsanto’s sunflower seed business* On 17 November 2010 the European Commission cleared the acquisition of the sunflower seed business of Monsanto by Syngenta. Among the concerns of an in-depth investigation of the transaction was whether it (...)

The European Commission conditionally approves a merger in the body and laundry care industries (Unilever / Sara Lee)
RBB Economics (London)
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RBB Economics (London)
Roll on demand estimation: the EC’s empirical analysis in Unilever/Sara Lee* The European Commission’s decision on Unilever/Sara Lee represents an important step in the use of merger simulations in assessing mergers, placing greater prominence on such analysis than in previous cases where this (...)

The European Commission clears the acquisition subject to conditions of the body and laundry care businesses of a US consumer goods company (Unilever / Sara Lee)
Main developments between 1 September and 31 December 2010* The European Commission cleared the planned acquisition subject to conditions of the body and laundry care businesses of Sara Lee Corp of the US by the Anglo Dutch consumer goods company Unilever on 17 November 2010. The Commission’s (...)

The European Commission conditionally clears the acquisition of the global sunflower seed business of a US company by a Swiss company (Syngenta/Monsanto)
Main developments between 1 September and 31 December 2010* On 17 November 2010 the European Commission cleared the acquisition of the global sunflower seed business of the US company Monsanto by Syngenta, a Swiss company. The notified transaction combines two leading sunflower seed suppliers (...)

The European Commission publishes its clearance decision in the first merger case in many years where it relies on merger simulation to require remedies (Unilever / Sara Lee)
RBB Economics (Brussels)
Unilever/Sara Lee – The return of merger simulation?* In late January 2012, the Commission finally published the non-confidential version of its decision in Unilever/Sara Lee Body Care (adopted in November 2010). The decision, reached after a Phase II investigation, is notable because it marks (...)

The European Commission clears in phase II a merger in the sunflower seeds business following an Art. 22 request from Spain and Hungary (Syngenta/Monsanto)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Syngenta/Monsanto Sunflower Seeds – More Analysis, Please* The European Commission’s Phase II decision of 17 November 2010 concerning Syngenta’s acquisition of Monsanto’s sunflower seeds business raises a number of questions. First, it took the European authorities long to decide who should (...)

The European Commission conditionally approves acquisition in the household and body care market (Unilever / Sara Lee)
Linklaters (Hong Kong)
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Cadwalader Wickersham & Taft (Brussels)
Imposing a broad remedy to address competition issues, the European Commission cleared Unilever‘s acquisition of Sara Lee‘s household and body care business on 17 November 2010. This merger decision is a reminder that the EC has the power to seek a remedy from merging parties that goes further (...)

The French Competition Authority rejects complaint against certain pay TV exclusivity arrangements on grounds of previous merger clearance decision (Canal +)
Van Bael & Bellis (Brussels)
On 16 November 2010, the French Competition Authority rejected an antitrust complaint directed against certain exclusivity arrangements concluded by Groupe Canal Plus on the French pay TV markets, insofar as these arrangements were “ancillary” to the French Minister of Economy’s Canal (...)

The Netherlands Competition Authority clears pharmacies merger, subject to divestiture of four pharmacies (Brocacef/Lloyds Nederland)
Liberty Global (Amsterdam)
The merger The merger involved the acquisition of Lloyds Nederland BV («Lloyds») by Brocacef Holding NV («Brocacef»). Lloyds operated 63 pharmacies in the Netherlands at the time of the decision by the Netherlands competition authority («NMa») and is a subsidiary of the German group Celesio AG. (...)

The European Commission approves the acquisition of Italian retail banks by French bank concluding that it will not raise any competition concerns (Crédit Agricole of France/Cassa di Risparmio della Spezia)
Main developments between 1 September and 31 December 2010* On 10 November 2010 the European Commission approved the acquisition of the retail bank Cassa di Risparmio della Spezia SpA of Italy and a number of other retail bank branches of Intesa SanPaolo in Italy by Crédit Agricole of France, (...)

The UK OFCOM investigates implications on media plurality arising from a merger in the audiovisual sector (News Corp, BSkyB)
Van Bael & Bellis (Brussels)
On 4 November 2010, the UK Secretary of State for Business, Innovation and Skills instigated an investigation by the UK Office of Communications (Ofcom) into the implications that News Corp’s proposed buyout of UK satellite broadcaster BSkyB may have for media plurality in the UK. The first (...)

State Aid

The European Commission refers Spain to the EU Court of Justice for failure to respect Court ruling to recover illegal aid (Magefesa group, Basque Provinces of Alava, Guipúzcoa and Vizcaya)
European Commission - DG COMP (Brussels)
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Hogan Lovells (Madrid)
State Aid: Main developments between 1 September and 31 December 2010* On 30 September 2010 and on 24 November 2010 the Commission decided to refer Spain to the Court of Justice for failing to implement a previous Court ruling which confirmed certain Commission decisions finding that (...)

The European Commission approves a € 7 M aid scheme supporting parallel analogue and digital broadcasting during the transition to digital TV in Slovakia
European Commission - DG COMP (Brussels)
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Hogan Lovells (Madrid)
State Aid: Main developments between 1 September and 31 December 2010* On 17 November 2010 the Commission approved a € 7 million aid scheme supporting parallel analogue and digital broadcasting during the transition to digital TV in Slovakia . Under this scheme broadcasters and network (...)

The European Commission approves a short term € 52 M State loan granted by the Maltese authorities to national airline company (Air Malta)
European Commission - DG COMP (Brussels)
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Hogan Lovells (Madrid)
State Aid: Main developments between 1 September and 31 December 2010* On 15 November 2010 the Commission authorised a short term € 52 million State loan to tackle liquidity problems at Air Malta. The Maltese authorities had notified emergency support to prevent the collapse of Air Malta. If (...)

The European Commission authorises aid for the restructuring of a regional Spanish bank (CajaSur)
European Commission - DG COMP (Brussels)
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Hogan Lovells (Madrid)
State Aid: Main developments between 1 September and 31 December 2010* On 8 November 2010 the Commission authorised aid for the restructuring of CajaSur. CajaSur provided retail banking services, mostly in the region of Andalucía, and came into financial difficulties as a result of its (...)

The European Commission extends its ongoing State aid investigation into German bank (WestLB)
European Commission - DG COMP (Brussels)
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Hogan Lovells (Madrid)
State Aid: Main developments between 1 September and 31 December 2010* On 5 November 2010 the Commission extended its ongoing State aid investigation into WestLB after reaching the conclusion that the bank had received an estimated Eur. 3.4 billion in State subsidies more than it was initially (...)

Procedures

The French Court of Cassation quashes a ruling of the Paris Court of Appeal which had exceptionally annulled an NCA decision for excessive duration of the investigation procedure (Luxury perfumes)
Vogel & Vogel
A new development has arisen in the luxury perfumes case. The Paris Court of Appeal, ruling on a referral back to it from the Court of Cassation, had exceptionally annulled a Competition Council (now Competition Authority) decision for excessive duration of the investigation procedure . This (...)

The Croatian Parliament adopts the Annual Report of the Croatian Competition Agency for 2009
University of Zagreb - Faculty of Economics and Business
The Annual Report of the Croatian Competition Agency for 2009 summarizes activities of the Agency in the reporting period. It reports both on antitrust and state aid aspects of its enforcement record but also deals with advocacy efforts of the Agency and the new legislative framework that was (...)

The UK Office of Fair Trading closes its investigation into suspected price coordination in the grocery sector
Simmons & Simmons (London)
The Office of Fair Trading (OFT) announced on 18 November 2010 that it had decided to close an investigation into suspected price coordination in the grocery sector. The investigation had recently been reviewed in the context of the OFT’s prioritisation principles, and the OFT had concluded that (...)

The English Court of Appeal rejects representative element of private damages action (Emerald Supplies, Southern Class House Produce / British Airways)
DLA Piper
The Court of Appeal in England issued a judgment denying the appellants the ability to bring a representative action on behalf of a further 178 or more possible claimants seeking to obtain damages against British Airways plc (BA) for its alleged involvement in the air cargo cartel. The first (...)

The UK Court of Appeal rules that English court procedures do not allow representative actions on behalf of a class of direct and indirect purchasers of the air-freight cartel (Emerald Supplies/British Airways)
Volvo (Brussels)
On 18 November 2010, the English Court of Appeal ruled in favour of BritishAirways Plc. in an appeal brought by Emerald Supplies Ltd. and Southern Glass House Produce Ltd. The appeal was launched against a High Court (Chancery Division) decision to strike out the representative element of an (...)

The English Court of Appeal confirms strike-out of the representative element in cartel damages claim (Emerald Supplies Limited / British Airways)
University of Southampton
Court striking out representative proceeding for damages against British Airways (BA). This follows a decision earlier in the month by the European Commission that BA had engaged in price-fixing of fuel and security surcharges between 1999 and 2006 in breach of Article 101 of the Treaty on the (...)

The Italian Parliament passes a new provision allowing collective action for infringement of competition law (“Azione di classe”)
Herbert Smith Freehills (London)
The English Court of Appeal has rejected a creative attempt to use existing English civil procedure rules to craft an ‘opt-out’ style class-action. The matter concerned an action for damages arising from the international air freight cartel, in which the European Commission has recently fined (...)

The English Court of Appeal holds its judgment on representative action in claim against air cargo cartel (Emerald Supplies and Anor / British Airways)
Shoosmiths (Thames Valley)
1. Summary 1.1. On 18 November 2010, the English Court of Appeal dismissed an appeal by Emerald Supplies Ltd («Emerald«) and Southern Glass House Produce Limited against a High Court judgment that the representative element of their claim against British Airways («BA«) should be struck out as it (...)

The UK Court of Appeal holds that the UK Competition Appeal Tribunal has no discretion to extend limitations period for follow-on actions against alleged cartelists (BCL, BASF)
Morgan Lewis (London)
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4-5 Gray’s Inn Square
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Cadwalader Wickersham & Taft (Brussels)
On 12 November 2010, the Court of Appeal for England and Wales ruled that the UK Competition Appeal Tribunal (CAT) does not have discretion to extend the time period within which follow-on actions for damages may be commenced. The Court of Appeal’s judgment provides important clarification of (...)

The Croatian Government adopts the fining guidelines under the new law on protection of competition
University of Technology (Tallinn)
On 11 November 2010 the Croatian Government adopted the Regulation on setting the fines for competition law infringements (the Fining Guidelines), which is enforced by the Croatian Competition Authority (AZTN) starting from 27 November 2010. The Fining Guidelines were adopted under the new (...)

The Croatian Government adopts leniency guidelines under the new law on protection of competition
University of Technology (Tallinn)
On 11 November 2010 the Croatian Government adopted the Regulation on immunity from or reduction of the fines for competition law infringements (the Leniency Guidelines), which is enforced by the Croatian Competition Authority (AZTN) starting from 27 November 2010. The Leniency Guidelines were (...)

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

The Polish Competition Authority fines mobile network operator € 30 M for obstructing inspections during a dawn raid (Polska Telefonia Cyfrowa)
Van Bael & Bellis (Brussels)
On 4 November 2010, the Polish Competition Authority (UOKiK) fined Polska Telefonia Cyfrowa (PTC) € 30 million for obstructing an on-the-spot inspection. It was acknowledged that PTC‘s employees did not allow the inspectors to enter the company’s offices and delayed a search of the premises. In (...)

Regulatory

The Bulgarian Competition Authority adopts opinion on a proposal to amend the law regulating private bailiffs activities
European Commission (Brussels)
Bulgaria: Commission on Protection of Competition (CPC) adopts Opinion on a Proposal for an Amendment to the Law regulating the Activities of Private Bailiffs On 2 November 2010, the CPC adopted an opinion on a proposal by the Ministry of Justice to amend the Law on Private Bailiffs. The (...)

The Dutch Competition Authority publishes the preliminary results of an inquiry on mortgage rate
European Commission (Brussels)
The Netherlands: Preliminary Results of the Mortgage Rate Quick Scan On 1 November 2010, the Netherlands Competition Authority (NMa) published the preliminary results of the inquiry “Mortgage Rate Quick Scan”. The margins on Dutch mortgages have been relatively high since mid 2009, both by (...)

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