September 2018

Anticompetitive practices

The EU Commission invites stakeholders comments on the legal framework exempting liner shipping consortia from EU antitrust rules
DG COMP (Brussels)
Antitrust: Commission invites comments on future regime for liner shipping consortia* The European Commission is inviting comments on the legal framework exempting liner shipping consortia from EU antitrust rules that prohibit anticompetitive agreements between companies, known as the (...)

The EU Court of Justice partly upholds the judgement of the General Court in a cartel case but sends it back to reexamine the calculation of the fine (Infineon)
Van Bael & Bellis (Brussels)
On 26 September 2018, the Court of Justice of the European Union (“ECJ”) delivered two judgments on the appeals brought by Infineon and Philips against the General Court (“GC”)’s earlier judgments relating to the European Commission’s decision in Smart card chips cartel case. By way of background, (...)

The French Competition Authority fines three companies for bid-rigging in the public lighting sector (Lapize de Sallée)
French Competition Authority (Paris)
Public lighting in Ardèche* The Autorité de la concurrence has fined a company in Ardèche for entering into agreements with competitors to secure public procurement contracts Following an investigation by the Directorate General for Competition Policy, Consumer Affairs and Fraud Control (DGCCRF) (...)

The EU Commission announces antitrust probe into data use (Amazon)
Simmons & Simmons (London)
Simmons & Simmons (London)
The European Commission (the EU’s antitrust regulator) has announced that it is investigating Amazon’s use of third-party data as part of a wider probe into its business practices. Many retailers use Amazon as a platform to sell their products and, in doing so, provide Amazon with sales data. At (...)

The EU Commission opens an investigation on possible collusion between automobile constructors on clean emission technology market (BMW / Daimler / VW)
DG COMP (Brussels)
Antitrust: Commission opens formal investigation into possible collusion between BMW, Daimler and the VW group on clean emission technology* The European Commission has opened an in-depth investigation to assess whether BMW, Daimler and VW (Volkswagen, Audi, Porsche) colluded, in breach of EU (...)

The UK Competition Authority fines an airports for restricting competition on parking prices in a lease with the operator of a Terminal hotel (Heathrow / Arora)
British Competition Authority - CMA (London)
Heathrow and Arora admit to anti-competitive car park agreement* Heathrow airport will pay a £1.6m fine for restricting competition on parking prices in a lease with the operator of a Terminal 5 hotel. The fine to be imposed by the Competition and Markets Authority (CMA), comes after its (...)

The Portuguese Competition Authority sends a statement of objections to five railway maintenance companies and their directors and managers for cartel (Construções e Técnicas Ferroviárias, Indústrias Ferroviárias, Engenharia e Construção, Sociedade de Estudos e Construções and Engenharia e Obras Ferroviárias)
Portuguese Competition Authority (Lisbon)
AdC issues Statement of Objections to 5 companies and 6 directors and managers for cartel in railway maintenance companies* The Portuguese Competition Authority (Autoridade da Concorrência - AdC) issued a Statement of Objections to railway maintenance companies of Mota-Engil, Comsa, Somague, (...)

The Vilnius Regional Administrative Court upholds the decision of the Lithuanian Competition Authority fining two undertakings for bid rigging in the market of radioactive scrap metal (Norvesta / Sypra)
Lithuanian Competition Authority (Vilnius)
PARTICIPANTS OF AUCTION BY IGNALINA NUCLEAR POWER PLANT DID NOT AVOID LIABILITY FOR CARTEL INFRINGEMENT* Vilnius Regional Administrative Court (Court) upheld the decision of the Lithuanian competition authority Konkurencijos taryba, according to which UAB Norvesta and the German company Sypra (...)

The UK Competition Appeal Tribunal upholds the decision of the Competition Authority fining a manufacturer of golf clubs for banning online retail of its products (Ping)
British Competition Authority - CMA (London)
Win in Ping golf clubs case sends clear online retail signal* The Competition Appeal Tribunal has upheld the CMA’s decision that Ping Europe Ltd broke the law by banning the online sale of its golf clubs. This landmark case sends an important signal that attempts by manufacturers to impose (...)

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 Hungarian Competition Authority reduces fines of companies sanctioned for bid-rigging in the radiology IT products market (GE Hungary / Silver Woo)
Hungarian Competition Authority (Budapest)
Substantial reduction of fine thanks to cooperation of the parties* The Hungarian Competition Authority (Gazdasági Versenyhivatal, hereinafter GVH) found that GE Hungary Kft. and Silver Wood – IT Kft. had committed a competition law infringement in the course of purchasing the radiology IT (...)

Unilateral Practices

The Cypriot Competition Authority sends a statement of objection to a community council over possible excessive pricing on the market of water supply (Community Council of Kouklia)
Commission for the Protection of Competition of the Republic of Cyprus (Nycosia)
The Commission for the Protection of Competition announces that it has notified a Statement of Objections to the Community Council of Kouklia regarding a prima facie infringement of Section 6(1)(a) of the Protection of Competition Laws of 2008 and 2014.* The Commission for the Protection of (...)

The French Competition Authority closes the case regarding practices carried out by a local Bar Association (AGN Avocats)
French Competition Authority (Paris)
Registering to the Limoges Bar Association* The Autorité de la concurrence closes the case referred to it by AGN Avocats. The company AGN Avocats lodged a complaint with the Autorité relating to a set of practices that is alleged to have been adopted by the Limoges Bar Association Council and (...)

The French Competition Authority fines an undertaking for excessive pricing in the market of waste disposal for hospitals and clinics in Corsica (Sanicorse)
French Competition Authority (Paris)
Management of infectious medical waste generated by healthcare activities* The Autorité de la concurrence has fined the company Sanicorse for increasing abruptly, significantly, durably and in an unjustified manner the waste disposal prices it charged hospitals and clinics in Corsica. The (...)

The Belgian Competition Authority imposes interim measures on a manufacturer of lids for electricity meter boxes for possible abuse of dominance (ABB)
Belgian Competition Authority (Brussels)
The Competition College of the BCA imposes interim measures on ABB Industrial Solutions regarding lids for electricity meter boxes* On 3 September 2018, the Competition College of the Belgian Competition Authority (BCA) imposed interim measures, at the request of TECO NV, on ABB Industrial (...)

The Romanian Competition Authority opens an investigation regarding an alleged dominant position on the market of energy production and trading (Hidroelectrica)
Romanian Competition Council (Bucharest)
THE COMPETITION COUNCIL INVESTIGATES A POSSIBLE ABUSE OF DOMINANT POSITION OF HIDROELECTRICA SA* The Competition Council opened an investigation concerning an alleged dominant possition of Hidroelectrica SA on the market of Romanian market energy production and trading. The Competition (...)


The Portuguese Competition Authority clears a merger, subject to remedies, in the liquefied petroleum gas market (Repsol / Rubis)
Portuguese Competition Authority (Lisbon)
AdC clears the acquisition of Repsol’s LPG business in Madeira and Azores by Rubis, subject to conditions* The Portuguese Competition Authority (AdC) has accepted the divesture commitments brought forth by Rubis II Distribuição Portugal, and hence has approved Rubis’ acquisition of the existing (...)

The Italian Competition Authority opens a second phase enquiry into a merger in the optical sector (Luxottica / Barberini)
Desogus Law Office (Cagliari)
Pursuant to Article 16(4) of the Law no. 287/1990, the Italian Competition Authority (ICA) has decided to open a Second Phase investigation into a merger between two undertakings operating in the optical field where they manufacture, amongst other things, sunglasses and lenses for sunglasses. (...)

The Irish Competition Authority clears a merger subject to remedies in the media sector (Reach / Northern / Shell Network)
Irish Competition Authority (Dublin)
CCPC clears media merger subject to confidentiality commitments* Following an extensive two-phase investigation, the Competition and Consumer Protection Commission (CCPC) has cleared, subject to binding commitments, the acquisition by Reach Plc (Reach) (formerly Trinity Mirror Plc) of Northern (...)

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 Brazilian Competition Authority requests the submission of a non-mandatory transaction (All Chemistry / SM Empreendimentos)
Caminati Bueno Advogados (São Paulo)
Caminati Bueno Advogados (São Paulo)
Caminati Bueno Advogados (São Paulo)
1. INTRODUCTION During the trial session of September 5, 2018, the Tribunal of the Brazilian Competition Authority (“CADE”) requested the submission of a transaction that did not trigger the mandatory notification thresholds.- In short, the transaction concerns the acquisition of All Chemistry (...)

State Aid

The EU Commission approves under EU State Aid rules a €45 million investment aid of Hungary to a chemical company (BorsodChem)
DG COMP (Brussels)
State aid: Commission approves Hungary’s €45 million investment aid to BorsodChem* The European Commission has found Hungary’s €45 million investment aid to chemical company BorsodChem Zrt to be in line with EU State aid rules. The aid will contribute to the development of the region of Northern (...)

THE EU Commission approves a €3.5 billion aid of the Belgian Government to three offshore windfarms under EU State Aid rules (Mermaid / Seastar / Northwester2)
DG COMP (Brussels)
State aid: Commission approves €3.5 billion support to three offshore windfarms in Belgium* The European Commission has found Belgian plans to support three offshore windfarm projects to be in line with EU State aid rules. The measure will further EU energy and climate goals without unduly (...)

The EU Commission finds that the non-taxation of certain profits of a fast-food company in Luxembourg is in line with the EU State Aid rules (McDonald’s)
DG COMP (Brussels)
State aid: Commission investigation did not find that Luxembourg gave selective tax treatment to McDonald’s* The Commission has found that the non-taxation of certain McDonald’s profits in Luxembourg did not lead to illegal State aid, as it is in line with national tax laws and the (...)


The EFTA Court renders a judgment on the limitation period for damages claims (Nye Kystlink / Color Group and Color Li)
Van Bael & Bellis (Brussels)
On 17 September 2018, the Court of Justice of the European Free Trade Association States (the “EFTA Court”) handed down its judgment in Nye Kystlink AS v Color Group AS and Color Line, Case E-10/17, answering preliminary questions asked by Norway’s Borgarting Court of Appeal (Borgarting (...)

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