November 2018

Anticompetitive practices

The Tyumen Regional Arbitration Court confirms the decision of the Russian Competition Authority regarding a cartel involving two manufacturers of soil heat stabilizers (Konar / Fundamentstroiarkos)
Russian Federal Antimonopoly Service (Moscow)
Court confirmed a cartel at “Transneft” auction* Manufacturers of soil heat stabilizers agreed about auction behaviour to win contracts at the highest price The total revenues of the violators from selling the anticompetitive agreement exceeded 15 billion RUB. Tyumen OFAS proved the cartel in (...)

The French Competition Authority fines a wholesaler-importer and its parent company for continuing to implement exclusive import agreements overseas, after the Lurel Act came into force (General Importand)
French Competition Authority (Paris)
Exclusive distribution of consumer goods in Wallis-and-Futuna* The Autorité de la concurrence has fined the wholesaler-importer General Importand its parent company for continuing to implement exclusive import agreements, after the Lurel Act came into force. The "Lurel Act" has banned any (...)

The South African Competition Tribunal rejects a tender collusion allegation, as the tender was a sham (Geometry / Vaxiprox)
Anheuser-Busch InBev (Johannesburg)
The Competition Commission of South Africa (the Commission) sought an order from the Competition Tribunal of South Africa (the Tribunal) declaring that two brand activation companies (Geometry Global (Pty) Ltd (Geometry) and Vaxiprox (Pty) Ltd (Vaxiprox)) had colluded on a tender issued by a (...)

The Italian Administrative Court of First Instance rejects the appeals against the Competition Authority’s decision fining a cartel in the cement sector
Studio Legale Scoccini E Associati (Rome)
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Studio Legale Scoccini E Associati (Rome)
With a series of decisions published between 12/06/2018 and 30/07/2018, the Regional Administrative Court of Lazio, which is the first instance court for the appeal against the decisions of the Italian Competition Authority, rejected all the appeals against the decision ascertaining a cartel in (...)

Unilateral Practices

The French Competition Authority fines a manufacturer for preventing its authorized distributors from selling its products online implementing ECJ Coty ruling (Stihl)
French Competition Authority (Paris)
Online retail of outdoor power equipment* The Autorité de la concurrence fines the manufacturer Stihl 7 million euros for having prevented its authorized distributors from selling its products online Background Following an investigative report from the DGCCRF, the Autorité de la (...)

The Turkish Competition Authority fines an online platform service provider for excessive pricing (Sahibinden)
Boğaziçi University (Istanbul)
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ACTECON (Istanbul)
The Turkish Competition Authority (“TCA”) fined Sahibinden.com (online platform service provider) approx. EUR 1,525,801 for excessive pricing. The TCA initiated two full-fledged investigations against Sahibinden.com back in 2017. Consequently, the TCA concluded on 1 October 2018 that (...)

The Turkish Competition Authority publishes a decision on export bans in the pharmaceutical sector (Roche)
ACTECON (Istanbul)
Introduction On 27 September 2018, Turkish Competition Authority (“TCA”) published its decision concerning the allegations that Roche Müstahzarları A.Ş. (“Roche”) had violated articles 4 and 6 of the Law on the Protection of Competition (“Competition Act”). Within this scope, the TCA re-evaluated (...)

The Turkish Competition Authority fines a multinational computer company for abuse of dominance in the smartphone operating system sector (Google / Yandex)
ACTECON (Istanbul)
The tech giant Google has been under the Turkish Competition Authority’s (“TCA”) scrutiny due to its practices in the market for licensable mobile operating systems and under the judicial review since July 2015. In September 2018, the TCA has finally released its short decision and imposed a fine (...)

The Moldovan Competition Authority prosecutes a grain storage operator for exploitative abuse of dominance in the form of discriminatory tariffs (Cereale Cupcini)
Faculty of Law - University of Macau
On 14 June 2018, the Competition Council of the Republic of Moldova (CC) has found that grain storage operator Cereale Cupcini SA has abused its dominant position by imposing excessive and discriminatory tariffs for loading/unloading services at its storage facilities. The CC’ investigation has (...)

The Turkish Competition Board rejects exclusivity allegations against a packaged chips producer (Frito Lay)
ELIG Gürkaynak (Istanbul)
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ELIG Gürkaynak (Istanbul)
This case note analyses the Turkish Competition Board’s (“Board”) Frito Lay decision, dated 12.06.2018 and numbered 18-19/329-163. The Board has recently published its reasoned decision regarding the preliminary investigation that was launched against Frito Lay Gıda San. Tic. A.Ş. (“Frito Lay”) (...)

The Turkish Competition Board fines an electricity distributor and its subsidiary for abuse of dominance (Akdeniz Elektrik)
ELIG Gürkaynak (Istanbul)
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ELIG Gürkaynak (Istanbul)
Upon a number of complaints, the Turkish Competition Board (the “Board”) opened an in-depth investigation against Akdeniz Elektrik Dağıtım A.Ş. (“Akdeniz Elektrik”), CK Akdeniz Elektrik Perakende Satış A.Ş. (“CK Akdeniz”) and AK DEN Enerji Dağıtım ve Perakende Satış Hizmetleri (“AK DEN”), which were all (...)

Mergers

The EU Commission opens an in-depth investigation related to a merger on the steel supply market (Tata Steel / ThyssenKrupp)
DG COMP (Brussels)
Mergers: Commission opens in-depth investigation into new joint venture proposed by steel suppliers Tata Steel and ThyssenKrupp* The European Commission has opened an in-depth investigation to assess the proposed creation of a joint venture by Tata Steel and ThyssenKrupp, under the EU Merger (...)

The EU Commission clears a merger subject to remedies in the market of dietetic pet food sold by veterinarians (Mars Petcare / AniCura)
DG COMP (Brussels)
Mergers: Commission approves Mars’ acquisition of AniCura, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the acquisition of AniCura, a veterinary clinic chain, by Mars, a supplier of pet food, including dietetic pet food. The approval is (...)

The Latvian Competition Authority fines a fuel retailer that submitted notification ten months after implementing a merger transaction for gun-jumping (Petrol Property / Vaizga)
Konkurences padome (Riga)
Latvian competition authority fines Lithuanian company UAB Vaizga for unnotified merger* On April, 2018, the Competition Council of Latvia (the CC) cleared the proposed acquisition of Latvian company SIA Petrol Property by UAB Vaizga. As the Lithuanian UAB Vaizga failed to submit merger (...)

The Irish Competition Authority announces that merger notification thresholds will be revised from 1 January 2019
Irish Competition Authority (Dublin)
Revised Merger Notification Thresholds* Following a public consultation reviewing certain provisions of the Competition Act 2002, the Department of Business, Enterprise and Innovation has issued a Ministerial Order revising the financial thresholds at which notification of a merger or (...)

State Aid

The EU Commission opens an in-depth investigation into measures in favour of an airline company in Germany (Ryanair)
DG COMP (Brussels)
State aid: Commission opens in-depth investigation into measures in favour of Ryanair at Frankfurt-Hahn airport in Germany* The European Commission has opened an in-depth investigation to assess whether measures in favour of Ryanair at the German airport of Frankfurt-Hahn are in line with (...)

The EU Commission approves under EU State aid rules a measure to support electricity production from renewable sources in France
DG COMP (Brussels)
State aid: Commission approves €200 million in public support for renewable energy for self-suppliers of electricity in France* The European Commission has approved under EU State aid rules a measure to support electricity production from renewable sources for self-consumption in France until (...)

The EU Commission approves under EU State aid rules a €306 million aid for the construction of a section of motorway in Greece
DG COMP (Brussels)
State aid: Commission approves €306 million in Greek public funding for the construction of southern section of E65 motorway* The European Commission has approved under EU State aid rules Greek public funding of €306 million for the construction of the southern section of the Central Greece (...)

The EU Commission approves under EU State aid rules the extension of the existing Danish tonnage tax scheme to additional types of vessels
DG COMP (Brussels)
State aid: Commission approves extension of Danish tonnage tax scheme to new types of vessels* The European Commission has approved under EU State aid rules the extension of the existing Danish tonnage tax scheme to additional types of vessels. This will encourage ship registration in Europe (...)

The EU Commission approves under EU State Aid Rules a €125 million investment aid of Slovakia to an automotive company (Jaguar Land Rover)
DG COMP (Brussels)
State aid: Commission approves Slovakia’s €125 million investment aid to Jaguar Land Rover* The European Commission has concluded that Slovakia’s €125 million investment aid to Jaguar Land Rover is in line with EU State aid rules. The aid will contribute to the development of the region of Nitra, (...)

Regulatory

The French Competition Authority issues an opinion on the freedom of establishment of lawyers at the French Administrative Supreme Court and the French Supreme Court
French Competition Authority (Paris)
Freedom of establishment of lawyers at the French Administrative Supreme Court and the French Supreme Court* The Autorité de la concurrence issues an opinion on the freedom of establishment of lawyers at the French Administrative Supreme Court and the French Supreme Court. To improve citizens’ (...)

The OECD publishes the background material on excessive prices in pharmaceutical markets in preparation for the 2018 competition week
OECD - Competition Division
There are strong arguments for not intervening against exploitative excessive pricing conducts, which have led to the development of stringent enforcement screens for the bringing of such cases. However, recent years have seen significant calls for intervention against high prices for (...)

The Moldovan Competition Authority applies the ne bis in idem principle in the investigation of abuse of dominance in the electricity market (Gas Natural Fenosa Furnizare)
Faculty of Law - University of Macau
On 21 June 2018 the Competition Council of the Republic of Moldova (CC) has concluded its investigation into the alleged abuse of dominant position in the form of refusal to deal on the part of the electricity supplier Gas Natural Fenosa Furnizare Energie SRL. Based on the principle of ne bis (...)

Public sector

The Moldovan Competition Authority qualifies irregularities in the public procurement of sports equipment admitted by the local administration as infringement of competition law (Chişinău Municipal Council)
Faculty of Law - University of Macau
On 6 September 2018, the Competition Council of the Republic of Moldova (CC) concluded that the Chişinău Municipal Council (CMC) has organized the procurement of certain sports equipment in violation of public procurement legislation, which led to the restriction of competition on the relevant (...)

The Moldovan Competition Authority qualifies irregularities in the public procurement of construction works admitted by the local administration as infringement of competition law (Mayorship of Chisinau)
Faculty of Law - University of Macau
On 28 June 2018, the Competition Council of the Republic of Moldova (CC) has found that certain irregularities in the public procurement of construction services admitted by the mayorship of Chisinau should be qualified as infringement of competition law. On 19 March 2015, the Chisinau (...)

The Moldovan Competition Authority prosecutes two companies for bid rigging in public procurement of repair works by the local administration (Vanro-Com / Sardis Exim)
Faculty of Law - University of Macau
On 22 March 2018, the Competition Council of the Republic of Moldova (CC) prosecuted Vanro-Com SRL and Sardis Exim SRL for concluding an anti-competitive agreement, aimed at distorting and preventing competition by participating with rigged bids at the public tender, organized by the Chişinău (...)

The Moldovan Competition Authority finds bid rigging practices in the public tenders for the procurement of various construction works (Ozun-Cons / Oztor / Eurodeviz)
Faculty of Law - University of Macau
On 15 February 2018, the Competition Council of the Republic of Moldova (CC) found that Ozun-Cons SRL, Oztor SRL, Eurodeviz SRL have colluded on several occasions to participate with coordinated bids in the public tenders for the procurement of various construction works. The Project (...)

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