September 2018

Anticompetitive practices

The German Competition Authority fines two publishers for concluding illegal territorial agreements (DuMont / Bonner General-Anzeiger)
German Competition Authority (Bonn)
DuMont media group fined for concluding territorial agreements with the Bonner General-Anzeiger media group* The Bundeskartellamt has imposed fines amounting to a total of 16 million euros on DuMont Mediengruppe GmbH & Co. KG, an individual responsible and a lawyer. The company is accused (...)

The Hellenic Competition Authority fines a retailer of margarine and butter products for resale price maintenance (Minerva)
Hellenic Competition Authority (Athens)
Decision of the Hellenic Competition Commission (HCC) on ex officio investigation of the Directorate General of Competition for violations of Articles 1 and 2 of Law 703 / 1977-3959 / 2011 and Articles 101 and 102 TFEU by the company "MINERVA SA EDIBLE OILS ENTERPRISES" (MINERVA), regarding (...)

The EU Commission fines four consumer electronics groups for restricting their online retailers’ ability to set their own retail prices for widely-used electronics products (Asus / Denon & Marantz / Philips / Pioneer)
White & Case (London)
,
White & Case (Brussels)
The Commission Decisions In February 2017, the Commission initiated proceedings against Asus, Denon & Marantz, Philips and Pioneer following information obtained during the e-commerce sector inquiry. The Commission’s report had identified resale price maintenance as an area of concern, and (...)

The US District Court for the Eastern District of Pennsylvania finds that a company was not part of a conspiracy to manipulate the supply of eggs and raise prices (In re Processed Egg Prods)
Dechert (Philadelphia)
,
Dechert (Philadelphia)
The case began 10 years ago when a class of companies that purchase eggs sued the country’s leading egg producers, seeking more than $1 billion in damages. The plaintiffs claimed that the egg producers conspired to manipulate the supply and raise prices for eggs. Specifically, the buyers (...)

Unilateral Practices

The Slovenian Administrative Court confirms a substantial part of a decision in a case related to abuse of dominant position (Telekom Slovenije)
Fatur Law Firm (Ljubljana)
INTRODUCTION On 9 January 2018, the Administrative Court of the Republic of Slovenia (hereinafter referred to as the Court) ruled in case I U 423/2015-48, brought by Telekom Slovenije against the Slovenian Competition Protection Agency’s (hereinafter referred to as SCPA) decision no. (...)

The EU Commission fines a multinational technology company for abuse of dominant position in the smartphone operating system sector (Google Android)
Baker McKenzie (London)
,
Baker McKenzie (Brussels)
On 18 July 2018 the European Commission imposed a record fine of €4.34 billion on Google. In such an innovative and competitive industry, a decision and fine on this scale arguably sends the wrong message. This update questions whether intervention risks reducing innovation, raising prices and (...)

The Cyprus Commission for the Protection of Competition imposes a fine of €1.19 million on an airport company for abuse of dominant position (Hermes Airports)
,
Trojan Economics (Nicosia)
Introduction On 16 May 2018, the Cyprus Commission for the Protection of Competition (the “Commission”) imposed a fine of €1 193 864 on Hermes Airports Ltd for infringing Section 6(1)(a) of the Protection of Competition Law (Law 13(I)/2008), as amended (the “Law”). The aforesaid infringement is (...)

The Polish Supreme Court examines a case of non-compliance with the decision of the President of the Office of Competition and Consumer Protection on an abuse of a dominant position (PKP Cargo)
Małgorzaty Kozak (Warsaw)
,
Affre i Wspólnicy (Warsaw)
In the judgement of 7 March 2018 (III SK 6/17), the Polish Supreme Court (“SC”) examined the case of non-compliance with the decision of the President of the Office of Competition and Consumer Protection (“NCA”) on the abuse of a dominant position by PKP Cargo, Poland’s largest railway freight (...)

Mergers

The EU Commission clears a merger in the market of music recognition for smartphones, tablets and PCs (Apple / Shazam)
DG COMP (Brussels)
Mergers: Commission clears Apple’s acquisition of Shazam* The European Commission has approved under the EU Merger Regulation the proposed acquisition of Shazam by Apple. The Commission concluded that the merger would not adversely affect competition in the European Economic Area or any (...)

The French Competition Authority clears a merger subject to remedies in the retailing of gardening products market (Jardiland / InVivo)
French Competition Authority (Paris)
Retailing of gardening products* The Autorité de la concurrence clears the acquisition of Jardiland group by InVivo group (Gamm Vert, Delbard) subject to divestiture of 11 stores Parties to the transaction On 29 June 2018, InVivo Retail group, a subsidiary of InVivo cooperative union, which (...)

The French Competition Authority clears a merger subject to remedies in the food retail distribution sector (Bernard Hayot / Géant Casino)
French Competition Authority (Paris)
Distribution in Martinique* The Autorité de la concurrence clears, subject to conditions, the acquisition by Bernard Hayot Group of a Géant Casino hypermarket in Martinique On 20 June 2018, Bernard Hayot Group (‘BHG’) notified the Autorité de la concurrence of its planned acquisition of a Géant (...)

The Italian Competition Authority unconditionally approves the creation of a cooperative banking group (Cassa Centrale Bancaria)
Desogus Law Office (Cagliari)
Merger, notification, autohorisation, banking, market definition, : clearance Phase (I) merger, economic efficiency, high market shares, relevant market, By a recent decision the Italian Competition Authority (ICA) has unconditionally approved the creation of a cooperative banking group. The (...)

The EU Commission clears a merger subject to remedies in the fresh produce distribution market (Total Produce / Dole)
DG COMP (Brussels)
Mergers: Commission approves Total Produce’s acquisition of Dole, subject to conditions* The European Commission has approved under the EU Merger Regulation the acquisition by Total Produce of joint control over Dole. Both companies supply bagged salads, bananas and other fresh fruit and (...)

The French Competition Authority fines a retailer and distributor of electronic products for failing to comply with its merger remedies (Fnac / Darty)
French Competition Authority (Paris)
Fnac’s acquisition of Darty* The Autorité de la concurrence fines Fnac Darty Group €20 million for failing to divest itself of three stores, which was the pre-condition for clearance of the transaction. The Autorité also orders Fnac Darty to divest itself of two stores in lieu of those that it (...)

The EU Commission publishes its decision in a gun-jumping case (Alice / PT Portugal)
Simmons & Simmons (London)
,
Simmons & Simmons (London)
,
Simmons & Simmons (London)
On 24 April 2018, the European Commission (Commission) fined Altice NV (Altice) €124.5m for breaching both Article 4(1) and 7(1) of Council Regulation (EC) No 139/2004 (the EU Merger Regulation or EUMR). Article 4(1) EUMR contains the “notification requirement” under which relevant transactions (...)

State Aid

The EU Commission approves most of a French aid granted to electricity-intensive companies but asks France to recover part of the aid
DG COMP (Brussels)
State aid: Commission approves most of the electricity contribution reductions granted to electricity-intensive companies in France in 2003-15 and asks France to recover part of the reductions* The European Commission has approved most of the electricity contribution reductions granted to (...)

Regulatory

The French Competition Authority makes new recommendations to encourage the establishment of new notary offices
French Competition Authority (Paris)
Freedom of establishment for notaries: proposed map for 2018-2020* The process of gradually opening up the notarial profession is producing encouraging results and must continue. Pursuant to the “Macron Law”, the Autorité is making new recommendations to encourage the gradual establishment of (...)

All issues

  • Latest News issue 
  • All News issues
  • Latest Special issue 
  • All Special issues