Associations of undertakings

Anticompetitive practices

The Swedish Market Court rules that the issuance and distribution of price lists by a trade association is caught by both EC and Swedish competition laws (VVS-I)
Cederquist
On 9 February 2005 the Swedish Market Court rendered its decision regarding the trade association of VVS (heating, ventilation and air-conditioning) installation companies’ price list system. Although the case may not be revolutionary in its application of the substantial competition rules, it (...)

The Brussels Court of Appeal gives guidance as to the consequences to be drawn from the EC Commission decision annulling the decision of the Belgian Ordre des Architectes
European Commission - DG HR
An agreement passed with an architect fixed the fee in accordance with the deontological norm set by the Belgian Ordre des Architectes. The architect asked its client to pay the fee for the work he had made. The client refused, arguing that the agreement was void because the fee was set in (...)

The Australian Competition and Consumer initiates proceedings against two egg producing companies and the national industry body for an attempt to induce participation in a cartel (AECL)
University of New South Wales (Sydney)
This article was originally published on In Competition by King & Wood Mallesons (click here). ACCC cracks down on eggsplosive cartel attempt* In egg-citing news out of the Federal Court this week, the ACCC has instituted proceedings against two egg producing companies and the industry (...)

The Irish High Court Competition receives an agreement containing undertakings of a medical association not to engage in anticompetitive behaviour (IMO)
Steve Szentesi Law Corporation
Antitrust & Associations: Two Association Related Output Restriction Cases – One Settling (Doctors), the Other Starting Up (Eggs)* On my media sweep earlier, two interesting trade association cases caught my eye, both including allegations of “output restriction” or “boycott” type activities. (...)

The Australian Competition and Consumer Authority announces commencement of proceedings in the Federal Court on the allegation of attempt to build a cartel affecting the availability of eggs on the retail market (AECL)
Steve Szentesi Law Corporation
Antitrust & Associations: Two Association Related Output Restriction Cases – One Settling (Doctors), the Other Starting Up (Eggs)* On my media sweep earlier, two interesting trade association cases caught my eye, both including allegations of “output restriction” or “boycott” type activities. (...)

The Australian Competition and Consumer Authority takes action against a cartel on the retail market for eggs (AECL)
Australian Competition and Consumer Commission
ACCC takes action following alleged egg cartel attempt* The Australian Competition and Consumer Commission has instituted proceedings in the Federal Court against: the Australian Egg Corporation Limited (AECL); Mr James Kellaway, the managing director of AECL; two egg (...)

The US Federal Trade Commission apprises that it continues to maintain an active antitrust enforcement focus on trade association activity
Sheppard Mullin (New York)
FTC Targeting Trade Associations?* On May 1, the Federal Trade Commission issued a press release concerning the antitrust risks involved in trade association activity and cautioned such groups that the Commission continues to maintain an active antitrust enforcement focus on trade association (...)

The Danish Competition Council establishes restriction of competition by coordinating tenders regarding winter road maintenance in the municipality of Skive Kommune (Skive Kommune / Skive og Omegns Vognmandsforening)
Danish Competition and Consumer Authority (Copenhagen)
Association of undertakings has coordinated tenders illegally* On 30 April 2014 the Danish Competition Council (DCC) ruled that Skive og Omegns Vognmandsforening, an association of undertakings, has restricted competition by coordinating tenders regarding winter road maintenance in the (...)

The German Competition Authority receives commitments to abandon an agreement on standard charges payable by retailers for use of the electronic cash card payment system (Girocard)
German Competition Authority (Bonn)
Standard charges for retailers in electronic cash card payment system abandoned* The leading banking associations in Germany are to abandon their agreement on standard charges payable by retailers for use of the electronic cash card payment system. The associations have undertaken a commitment (...)

The Danish Competition Council orders professional association to abstain from boycotting an internet portal which provides an easy-to-use online interface that allows quick access to offers on car repair (Association for Auto Repair Shops)
Danish Competition and Consumer Authority (Copenhagen)
Denmark: The Association for Auto Repair Shops in Denmark (CAD) has illegally urged its members to boycott Autobutler* The Danish Competition Council has decided that the Association for Auto Repair Shops in Denmark (CAD) has violated the Competition Act by urging its member to boycott (...)

The Lithuanian Competition Authority finds brewers guilty in breaching national competition rules and Article 101(1) TFEU (Lithuanian Association of Breweries)
SKVLAW
On March 4th, 2014 the Competition Council of the Republic of Lithuania (hereafter – NCA) issued their decision in “The Brewers’ Case” . NCA stated that by their agreement to limit beer production undertakings had breached both national, and EU competition rules. Contractual restraints were aimed (...)

The Lithuanian Competition Council establishes a restrictive agreement as regards limitation of beer production and finds an infringement of Article 5 of the Law on Competition and Article 101 TFEU (Guild of Breweries)
Lithuanian Competition Authority (Vilnius)
Competition Council: the agreement among brewers was not based on concerns about the public health only* On 4 March, the Competition Council (the Council) announced that the Lithuanian Guild of Breweries, AB Gubernija, UAB Kalnapilio – Tauro grupė, UAB Restoranas Apynys, TŪB Rinkuškiai, UAB (...)

The US Supreme Court grants petition in a case concerning alleged exclusion of non-dentists from offering tooth-whitening services (North Carolina Board of Dental Examiners)
Orrick, Herrington & Sutcliffe (San Francisco)
U.S. Supreme Court to Decide When Professional Licensing Bodies Have Antitrust Immunity* The state action immunity doctrine shields private actors from antitrust liability if their activities are actively supervised by a state. But arms of the state itself generally don’t have to satisfy the (...)

The Japanese Fair Trade Commission takes action against a trade association for its alleged participation in price-fixing the fees for voluntary flu shots service (Yoshikawa Matsubushi Medical Association)
Steve Szentesi Law Corporation
Antitrust & Associations: German, Japanese Antitrust Authorities Take Action Against Associations in Price-fixing Cases* In two interesting trade association related cases that caught my eye today, the German (Bundeskartellamt) and Japanese (Fair Trade Commission – “JFTC”) antitrust (...)

The Australian Competition and Consumer Commission issues a draft objection notice proposing to revoke two collective bargaining notifications lodged by a national industry body representing the interests of online wagering and sportsbetting companies (AWC)
Australian Competition and Consumer Commission
ACCC proposes to revoke immunity for collective bargaining and collective boycott against NRL by betting agencies* The Australian Competition and Consumer Commission has issued a draft objection notice proposing to revoke two collective bargaining notifications lodged by the Australian (...)

The German Competition Authority imposes fines on four wallpaper manufacturers, their representatives and trade association on account of price fixing agreements (Création Tapeten)
German Competition Authority (Bonn)
Price agreements between wallpaper manufacturers Bundeskartellamt imposes fines of around 17 million Euros* On 25 February 2014 the Bundeskartellamt has imposed fines totalling around 17 million euros on four wallpaper manufacturers, their representatives and trade association on account of (...)

The German Competition Authority finds that the sugar cartel agreement has been implemented under the umbrella of the national industry association (Pfeifer / Südzucker / Nordzucker)
Steve Szentesi Law Corporation
Trade Association Reportedly Used as Umbrella for Market Division, Output Restriction Cartel Agreement Among German Sugar Manufacturers* On 18 February 2014 the German antitrust authority (Bundeskartellamt) announced that it had fined Germany’s three largest sugar manufacturers € 280 million in (...)

The German Competition Authority fines sugar producers for concluding anticompetitive agreements on sales areas, quotas and prices (Zuckerkartell)
German Competition Authority (Bonn)
Bundeskartellamt imposes fines on sugar manufacturers* Today the Bundeskartellamt has imposed fines amounting to around 280 million euros on the three major German sugar manufacturers Pfeifer & Langen GmbH & Co.KG, Cologne, Südzucker AG Mannheim/Ochsenfurt, Mannheim, and Nordzucker AG, (...)

The New Zealand Commerce Commission issues warning over no discounting clause implemented by community pharmacies association (DHB / Pharmacy Guild)
Steve Szentesi Law Corporation
Antitrust & Associations: Recent New Zealand Case a Reminder that Voluntary Industry Associations are Not Price Regulators* A New Zealand association related case announced today is a recent reminder that voluntary industry associations are not price regulators (see: Commission issues (...)

The New Zealand Commerce Commission issues warning pursuant to the removal of the restrictive clause from the community pharmacy services agreement (DHB / Pharma Association)
New Zealand Commerce Commission
Press releases published on New Zealand Commerce Commission Commission issues warning over ‘no discounting’ clause* The Commerce Commission has warned all New Zealand District Health Boards (DHBs) and pharmacies nationwide that “no discounting” clauses in the 2012 Community Pharmacy Services (...)

The EU General Court rules on an appeal by Spanish petrol station associations against a Commission decision rejecting their complaint alleging anticompetitive practices from a Spanish oil company (CEEES / AGES)
FratiniVergano
I. Facts The Confederación Española de Empresarios de Estaciones de Servicio (hereafter “CEEES” ) and the Asociación de Gestores of Estaciones de Servicio (hereafter “AGES” ) claimed the annulment of a Decision of the Commission of 28 April 2013 (hereafter “the contested decision”) rejecting their (...)

The EU General Advocate Mengozzi proposes the Court of Justice to uphold the Commission’s decision prohibiting multilateral interchange fees (Mastercard)
Clifford Chance (Madrid)
Background information In its Decision of 19 December 2007 the Commission prohibited Mastercard’s multilateral interchange fees (MIF) that apply to cross-border payments with MasterCard and Maestro-branded consumer credit and debit cards between Member States of the European Economic Area (...)

The Lisbon Appeal Court confirms fines against a professional association for anticompetitive practices in the training market (OTOC)
Eduardo Paz Ferreira & Associados
In July 2007, the Portuguese Order of Chartered Accountants (OTOC), legally entrusted with regulating the activities of chartered accountants in Portugal, adopted a binding regulation concerning a mandatory training system, aimed at guaranteeing the quality of these professional services. Under (...)

The Danish Competition Council finds the price fixing agreement to constitute a serious violation of the competition act and orders injunction against setting and advertising a fixed price (BoligOne)
Danish Competition and Consumer Authority (Copenhagen)
Anti-Competitive Price Fixing Agreement in the Real Estate Business* A small cooperative chain of independent real estate agents – BoligOne – had notified their commercialization agreement to the Danish Competition and Consumer Authority. According to the agreement, the parties had i.a. agreed (...)

The Australian Competition and Consumer Commission proposes the re-authorisation of a professional conduct regime (RCSA)
Australian Competition and Consumer Commission
ACCC proposes to grant authorisation to the Recruitment and Consulting Services Association’s Professional Conduct Regime* The Australian Competition and Consumer Commission has issued a draft determination proposing to re-authorise the Recruitment and Consulting Services Association’s (RCSA) (...)

The Competition Commission of India penalizes theatre owners association for engaging in anti-competitive practices in violation of section 3 of the Competition Act 2002 (Reliance)
University College London
OrderVide its order dated 05.11.13 in Case No. 78 of 2011, the Competition Commission of India (Commission) penalised the Tamil Nadu Film Exhibitors Association (now known as Tamil Nadu Theatre Owners Association or TNTOA) under section 27 of the Indian Commission Act, 2002 in the sum of Indian (...)

The Australian Competition and Consumer Commission Chairman welcomes the review of Australian competition law in order to better regulate supermarket issues and enhance consumer welfare
Australian Competition and Consumer Commission
ACCC Chairman addresses supermarket debate* Australian Competition and Consumer Commission Chairman Rod Sims today provided a regulator’s perspective on the debate surrounding the market share held by the two major supermarket chains. Mr Sims spoke at the Australian Food and Grocery Council’s (...)

The Australian Competition and Consumer Commission issues a draft determination proposing to re-authorise collective bargaining arrangements on behalf of visiting medical officers in public hospitals (NSW)
Australian Competition and Consumer Commission
ACCC proposes to reauthorise AMA (NSW) to collectively bargain* The Australian Competition and Consumer Commission has issued a draft determination proposing to re-authorise collective bargaining arrangements put forward by the Australian Medical Association (NSW) for ten years. The AMA (NSW) (...)

The Hellenic Competition Commission issues infringement decisions with fines against professional associations of foreign language school owners for price-fixing and other restrictions in the exercise of professional activities of their members (Panhellenic Federation of Language School Owners)
European Commission (Brussels)
Greece: The Hellenic Competition Commission issues Commitments Decision on Foreign Language School Owners’ Association* On 25 October 2013 the Hellenic Competition Commission (HCC) published its decision No 554/VII/2012 regarding anticompetitive practices of seven professional associations of (...)

The Canadian Commissioner of Competition delivers a speech about trade and professional associations and their compliance with competition law
Steve Szentesi Law Corporation
Trade Association Compliance on New Competition Commissioner’s Radar* Canada’s new Commissioner of Competition, John Pecman, spoke in Toronto yesterday and delivered remarks that, as in recent speeches, included an emphasis on trade association compliance. In this, his second speech since (...)

The Spanish Competition Authority fines container transport companies and professional association for anticompetitive agreements (ASEMTRACON)
European Commission (Brussels)
Spain: The Comisión Nacional de la Competencia fines Container Transport Companies and Professional Association* On 24 September 2013, the Comisión Nacional de la Competencia (CNC) Council found that the container transport industry association ASEMTRACON as well as several undertakings active (...)

The French Competition Authority obtains a significant reduction in the main interbank fees (MasterCard & Visa Cards)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence has obtained a significant reduction in the main interbank fees charged by Mastercard and Visa respectively. With these decisions, the Autorité de la concurrence has completed the (...)

The Australian Competition and Consumer Commission opposes fee arrangements by ophthalmologists
Australian Competition and Consumer Commission
ACCC opposes fee arrangements by ophthalmologists* The Australian Competition and Consumer Commission has decided not to allow members of the Australian Society of Ophthalmologists (ASO) to reach agreements within shared practices as to the fees to be charged for ophthalmic services. There (...)

The Spanish Competition Authority fines several container carrier associations in port of Valencia for market sharing (Container Carrier Associations)
European Commission (Brussels)
Spain: The Comisión Nacional de la Competencia fines several Container Carrier Associations in Port of Valencia* On 18 September 2013, the Comisión Nacional de Competencia (CNC) Council, decided on the case brought by the CNC Investigations Division on 14 June 2011 (S/0314/10) against several (...)

The Competition Commission of Singapore issues its decision finding that the worldwide MIF system implemented by multinational financial services company is not anticompetitive under Singapore competition law (Visa International)
BHP Billiton (Singapore)
On 18 September 2013, the Competition Commission of Singapore (the “CCS”) published its decision of 3 September 2013 relating to its assessment under Section 34 of the Competition Act, Chapter 50B of Singapore (the “Act”) of the Multilateral Interchange Fee (“MIF”) system (the “Decision”), as (...)

The Belgian Competition Council fines cement producers, their trade association and a center for research for the cement industry for collusion (Cimenteries CBR, Holcim, Compagnie des ciments belges)
European Commission (Brussels)
Belgium: Fines for Collusion between Cement Producers* On 30 August 2013, the Competition Council (the Council) decided that all three large Belgian cement producers, their trade association and the National Center for technical and scientific research for the cement industry (involved in (...)

The Slovak Competition Authority issues an order against a professional association finding its regulations to restrict competition by price fixing, output restrictions and restrictions controlling production (Slovak Chamber of Vets)
Queen Mary University (London)
On 7th of August 2013, the Slovak Competition Authority (“SCA”) held that respective provisions of regulations of the Slovak Chamber of Vets (“SCV”) – mainly its Professional code, Articles, License order and its Ethical order (“Regulations”) had infringed Slovak competition law (Article 4 of the (...)

The Hungarian Competition Authority finds that cable companies have applied restrictive conditions in their model contracts for programme distribution and imposes fines (Kábelkommunikációs / Kábeltelevíziós)
Hungarian Competition Authority (Budapest)
Restrictive practices of cable associations* The Hungarian Competition Authority (Gazdasági Versenyhivatal - GVH) established that the Hungarian Cabel Communications Association (Magyar Kábelkommunikációs Szövetség - MKSZ) and the Hungarian Cable Television and Telecommunication Association (Magyar (...)

The Hungarian Competition Authority imposes fines on two cable operator associations for infringing the rules prohibiting anti-competitive agreements (MKSZ, MKHSZ)
European Commission (Brussels)
Hungary: Fines imposed on two Cable Operator Associations* On 7 August 2013, the GVH (the Hungarian Competition Authority) imposed fines totalling HUF 11 000 00 (approximately € 37 000) on two cable operator associations for infringing the rules prohibiting anti-competitive agreements. The (...)

The German Competition Authority issues a fining decision against companies in the flour milling industry (Verband Deutscher Mühlen)
Steve Szentesi Law Corporation
Trade Associations Face Antitrust Challenges in Medical and Flour Association Cases* Two competition law cases caught my eye this morning in my daily media sweep involving trade associations – one with allegations of price-fixing against German flour mills and the other with a challenge by the (...)

The French Competition Authority carries out an inquiry in the area of prescription medicine distribution in private practices
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence is submitting to public consultation an initial assessment in which it has identified several potential sticking points* Medicinal products are the second-largest (...)

The Netherlands ACM calls for clearer and simpler contracts between breweries and business owners in the accommodation and food services industry
Netherlands Authority for Consumers & Markets (The Hague)
ACM in favor of clearer contracts with breweries* The Netherlands Authority for Consumers and Markets (ACM) calls for clearer and simpler contracts between breweries and business owners in the accommodation and food services industry. Clearer and simpler contracts help strengthen the position (...)

The EU Court of Justice rejects Commission’s appeal against General Court judgment in copper fittings cartel case (Aalberts)
Van Bael & Bellis (Brussels)
In the final of a series of appeals in the copper fittings cartel case, the Court of Justice of the European Union (“ECJ”), on 4 July 2013, dismissed an appeal by the Commission against a General Court (“GC”) judgment that upheld an appeal by Aalberts against the European Commission’s (...)

The Danish Competition Council accepts commitments from a purchasing association for pharmacists in relation to decision to exclude a member (Uldum Apotek / A-apoteket)
Danish Competition and Consumer Authority (Copenhagen)
Competition Council accepts commitments from Denmark’s largest purchasing association for pharmacists* On 26 June 2013 the Danish Competition Council accepted commitments from A-apoteket – a purchasing association for pharmacists – on the basis of concerns that a decision taken by the association (...)

The French Competition Authority fines associations of veterinaries for entering into an anticompetitive agreement (Conseil Regional de l’Ordre des Vétérinaires d’Alsace & Section du Bas-Rhin du Syndicat National des Vétérinaires d’Exercice Libéral)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence fines the Conseil Regional de l’Ordre des Vétérinaires of Alsace [1] and the Veterinary Surgeons’ Union of Bas-Rhin for entering into an anticompetitive agreement*. Today, the (...)

The Spanish Competition Commission fines the engineering sectorial and professional associations for issuing price recommendations (TECNIBERIA and CICCP)
European Commission - DG COMP (Brussels)
On 4 June 2013 the Spanish Competition Commission (“CNC”) adopted a resolution imposing a fine of €400,000 on the Spanish Association of Engineering, Consulting and Technology Firms (Asociación Española de Empresas de Ingeniería, Consultoría y Servicios Tecnológicos, hereafter “TECNIBERIA”) and on the (...)

A U.S. Court of Appeals narrows the state action exemption (North Carolina State Board of Dental Examiners)
Jones Day (Washington)
,
Jones Day (Washington)
,
Columbia University
The Fourth Circuit Court of Appeals has ruled that North Carolina’s Dental Board cannot ban non-dentists from offering teeth-whitening service, upholding the Federal Trade Commission’s finding that the practice was anticompetitive. The ruling represents the FTC’s latest victory in its push to (...)

The Italian Competition Authority fines a notary association for adopting a decision of an association of undertakings aimed at reintroducing minimum tariffs (Order of Notaries of Milan)
University of Bologna
The Italian Competition Authority (AGCM) has fined the Order of notaries of Milan a total of 99,403 euro for adopting a decision aimed at limiting the autonomy in the determination of individual notaries’ remuneration by reintroducing repealed minimum tariffs. The aim of the deliberation that (...)

The Italian Competition Authority finds antitrust infringement in national market for legal services (Bar Associations)
European Commission (Brussels)
Italy: The Competition Authority finds Antitrust Infringement in National Market for Legal Services* On 23 April 2013, the Italian Competition Authority (ICA) decided that five Bar Associations (Civitavecchia, Latina, Tempio Pausania, Tivoli e Velletri) had infringed Article 101 TFEU. The Bar (...)

The Italian Competition Authority fines five local bar association councils for hindering access to the legal services market in Italy by lawyers qualified in other Member States (Bar Association Councils of Civitavecchia, Latina, Tempio Pausania, Tivoli and Velletri)
University Luiss Guido Carli - GRIF (Rome)
On April 23, 2013, the Italian Competition Authority (“ICA” or “Authority) imposed symbolic fines, amounting € 1.000, against five Italian local Bar Association Councils (namely, the Bar Association Councils of Civitavecchia, Latina, Tempio Pausania, Tivoli and Velletri), which were found to have (...)

The Colombian Competition Authority modifies the original terms of the opening of proceedings in an investigation of a possible cartel agreement involving twelve sugar mills, two distributors owned by the sugar mills and the trade association that groups them (Sugar cartel investigation)
Cortazar Urdaneta & Cia
The case Recently the SIC, the Colombian competition authority modified the original terms of the opening of proceedings in an investigation of a possible cartel agreement involving twelve sugar mills, two distributors owned by the sugar mills and ASOCAÑA, the trade association that groups (...)

The Lisbon Appeal Court upholds NCA’s decision fining an association of parking companies for participating in a cartel (ANEPE)
Sérvulo & Associados
,
Eduardo Paz Ferreira & Associados
On 31 December 2010, the Portuguese Competition Authority (PCA) adopted a decision finding that the Portuguese Association of Parking Companies (ANEPE) had adopted an anticompetitive decision and imposed a fine of EUR 1.971.397, 17. In short, the PCA concluded that ANEPE had coordinated its (...)

The Italian Competition Authority concludes its first investigation against a notarial council for unlawful agreement (Consiglio Notarile di Lucca)
Lipani Catricalà & Partners (Rome)
1. Premise On 13 March 2013, the Italian Competition Authority (Autorità Garante della Concorrenza e del Mercato or AGCM, hereinafter the “ICA”) decided to impose a fine on the Notarial Council of Lucca (hereinafter “NCL”) for unlawful agreement concluding proceeding I747. According to the ICA, (...)

The EU Court of Justice rules on compulsory training obligations by professional bodies (Order of Chartered Accounts)
Van Bael & Bellis (Brussels)
On 28 February 2013, the Court of Justice of the European Union (“ECJ”) handed down a judgment on a reference for a preliminary ruling from the Portuguese Court of Appeal on the application of Article 101 TFEU to professional associations. The ECJ found that a professional association is (...)

The Spanish Competition Authority fines ten companies and sector association for cartel in flexible polyurethane foam (Foam cartel)
European Commission (Brussels)
Spain: The Comisión Nacional de la Competencia fines ten Companies and Sector Association for Cartel in Flexible Polyurethane Foam* In its Resolution of 28 February 2013, the Comisión Nacional de la Competencia (CNC) Council found that several companies active in the sector of the flexible (...)

The German Competition Authority fines flour mills more than € 65 M for long-running cartel (Verband Deutscher Mühlen)
Van Bael & Bellis (Brussels)
On 19 February 2013, the FCO imposed fines of approximately € 41 million on 22 flour milling companies, an industry association, and their representatives. These fines were imposed in addition to an approximately € 24 million fine already levied in October 2011. According to the FCO, the (...)

The Spanish Competition Commission renders legally binding commitments offered by a professional association in the market for expert reporting in occupational hazards (UICM)
European Commission - DG COMP (Brussels)
On 19 February 2013 the Spanish Competition Commission (“CNC”) adopted a resolution rendering legally binding the commitments offered by the Inter-Professional Union of the Community of Madrid (“UICM”) in order to alleviate the anti-competitive allegations raised against it. The CNC initiated its (...)

The Brussels Court of Appeal annuls the decision imposing a 29000€ fine on professional bakers’ association (VEBIC)
Liège University - IEJE
I. Facts Vebic is the Flemish association of bakers. Vebic published a magazine entitled “Passie” (among other things). Until 2004, the price of breads in Belgium was set by Law. As the price regulation mechanism was abandoned, VEBIC began to publish a so-called “bread price index”, in Passie, (...)

The French Competition Authority fines eight pig slaughterers and two professional bodies for several anti-competitive agreements
European Commission (Brussels)
France: The Autorité de la concurrence fines eight Pig Slaughterers and two Professional Bodies for several anti-competitive Agreements* On 13 February 2013, following a complaint from four pig farmers and the opening of ex officio proceedings which allowed the Autorité de la concurrence (the (...)

The Hellenic Competition Commission fines a professional association for infringing Art 1 Act 703/1977 by fixing the prices for constructing buildings and restricting their sale (E.K.K.E.)
Bank of Greece
Introduction On 7 February 2013, the Hellenic Competition Commission (Elliniki Epitropi Antagonismou, hereafter: HCC) issued an infringement decision against the Building Constructors’ Association of Greece (Enosi Kataskeuaston Ktirion Ellados, hereafter: E.K.K.E.) for violation of Art 1 Act (...)

The German Competition Authority imposes fines of more than € 60 million on confectionery manufacturers for price fixing agreements (Chocolate Cartel)
German Competition Authority (Bonn)
Bundeskartellamt imposes fines of more than € 60 million on confectionery manufacturers* The Bundeskartellamt has concluded its fine proceedings against several manufacturers of branded confectionery. On account of several cartel infringements, fines of approx. € 60 million have been imposed on (...)

The Chilean Competition Tribunal condemns trade association for collusion (ACHAP)
Chilean Competition Tribunal (Santiago)
On 29th January 2013, the Chilean Competition Tribunal (‘TDLC’) issued its judgment in the ACHAP case (Sentence 128/2013). The TDLC partially accepted the complaint filed by the competition agency (the “FNE”) against the local Advertising Agencies Trade Association (the “ACHAP”, for its Spanish (...)

The Italian Administrative Court of First Instance annuls the NCA’s decision fining 15 shipping agents’ firms and two trade associations for a cartel at the port of Genoa (Servizi di Agenzia Marittima)
Covington & Burling (Brussels)
,
Robur Siena
With the judgment published on 15 January 2013, the Italian administrative court of first instance with jurisdiction on antitrust cases (TAR Lazio) annulled the Italian Competition Authority’s (ICA) decision fining 15 firms and two trade associations for taking part in a cartel whose aim was to (...)

The Chinese Competition Authorities impose fines on insurance association and member companies for price monopoly (Loudi Insurance Association, Renbao, Ping’an, Tian’an, Taipingyang, Zhonghua Lianhe, Dubang)
University of Political Science & Law of China
I. Introduction On December 28, 2012, the Price Bureau of Hunan Province in China announced its decision to levy a fine totaling ¥2.19 million on an insurance association and six of its members for anti-competitive practices in the local auto insurance market. With no appeal made for (...)

The Swedish Market Court prohibits the application of excessively stringent loyalty rules (Swedish Automobile Sports Federation)
Swedish Competition Authority (Stockholm)
Good for competitors, spectators and the development of automobile sports* The decision of the Swedish Market Court stating that the Swedish Automobile Sports Federation may not apply their loyalty rules is good for those involved in automobile sports as well as for the spectators. “I am very (...)

The Czech Supreme Administrative Court is not ready to accept a symbolic fine against an association of undertakings involved in a price fixing case (Association of Applied Graphics and Design)
Weil, Gotshal & Manges (Prague)
On 20 December 2012, the Supreme Administrative Court cancelled the judgment of Regional Court in Brno in the case regarding Association of Applied Graphics and Design (the “Association”) and remanded the case back to it. The Regional Court in Brno previously mitigated the fine imposed by the (...)

The Danish Appeals Tribunal gives judgment on anti-competitive collective boycott in Danish real estate market (Boliga.dk)
Van Bael & Bellis (Brussels)
On 20 November 2012, the Danish Appeals Tribunal handed down a judgment on appeals brought by six Danish cooperative chains of independent real estate agents against a decision by the Danish Competition and Consumer Authority (“DCCA”) of 25 January 2012 finding that the companies had been (...)

The Romanian Competition Council fines professional association for creating barriers to entry to the profession and for setting of execution expenses (National Union of Bailiffs)
Romanian Competition Council (Bucharest)
On 30.09.2012, The Competition Council has sanctioned the National Union of Bailiffs from Romania (hereinafter UNEJ) for the violation of Competition Law for the creation of barrier to entry to the profession by fixing an excessive and discriminatory fee and for setting of execution expenses (...)

The Romanian Competition Council fines a professional association for limiting the access to the market of services offered by the judicial executors (National Association of Judicial Executors)
European Commission (Brussels)
Romania: The Competition Council decides to impose Fines on the National Association of Judicial Executors* In September 2012, the Romanian Competition Council (RCC) found that the National Association of Judicial Executors (the association) had infringed Article 101 TFEU and Article 5 of the (...)

The Croatian Competition Authority imposes nominal fines on the participants of a price-fixing agreement on the bread market (Craftsmen Association of Osijek)
University of Technology (Tallinn)
On 26 July 2012 the Croatian Competition Authority (AZTN) established that the Craftsmen Association of Osijek (UOOS) and its individual members have entered into an anti-competitive agreement with an objective to fix the retail price of white bread and thus infringed the national equivalent of (...)

The German Competition Authority imposes fines on manufacturers of automatic doors (Assa Abloy Entrance Systems, Blasi)
Van Bael & Bellis (Brussels)
According to a press release of 25 July 2012, the German Federal Cartel Office (“FCO”) has imposed fines totalling around € 2.4 million on eight manufacturers of automatic door systems, their trade association and one individual for their involvement in a price-fixing cartel. The parties (...)

The Swiss Competition Authority fines body representing audiovisual media device producers for restricting parallel imports (International Federation of the Phonographic Industry, Phononet)
Van Bael & Bellis
In a decision of 16 July 2012, the Competition Authority of Switzerland (“COMCO”) levied a fine of CHF3.5 million (around € 3 million) on the International Federation of the Phonographic Industry (“IFPI Switzerland”), as well as a fine of CHF20,000 (around € 16,000) on Phononet AG (“Phononet”), (...)

The Hellenic Competition Commission finds a pharmacists association guilty of concerted agreements and grants interim measures (Pharmacists Association of Achaia)
European Commission - DG Internal Market and Services
Introduction On June 22, 2012 the Hellenic Competition Commission found the Pharmacists Association of Achaia, whose members are all the owners of pharmacies in Achaia, (hereinafter: PAA), the Pharmacists Union of Achaia and Islands (hereinafter: PUAI), Panagiota Karousos-Akrivi Asprogeraka (...)

The Spanish Competition Authority fines two iron wholesaler’s associations for illicit collusion (AAHE, UAHE)
European Commission (Brussels)
Spain: The Comisión Nacional de la Competencia fines two Iron Wholesalers’ Associations* On 14 June 2012, the Comisión Nacional de la Competencia (CNC) Council adopted a resolution in which it established that the Extremadura Iron Wholesalers’ Association (AAHE) and the Union of Iron Wholesalers (...)

The Spanish Competition Authority fines two associations of press photographers for minimum fee scale (ANIGP-TV, UPIFC SINDICAT DE LA IMATGE)
Van Bael & Bellis (Brussels)
The Spanish Competition Authority (“CNC”) has recently fined the Asociación Nacional de Informadores Gráficos de Prensa y Televisión (“ANIGP-TV”) and the Unió de Professionals de la Imatge i la Fotografia de Catalunya Sindicat de la Imatge (“UPIFC SINDICAT DE LA IMATGE”) for recommending a minimum (...)

The Bulgarian Competition Authority sanctions a medical professional association for adoption of minimum tariffs for medical appointments (Bulgarian Medical Association)
University of Technology (Tallinn)
On 3 May 2012 the Bulgarian Competition Authority (CPC) prosecuted the Bulgarian Medical Association (BLS) for the adoption of minimum tariffs for medical appointments applied towards patients outside the national health insurance system. For the established infringement of the national (...)

The Belgian College of Competition Prosecutors finds illegal exchange of price information among producers of fast-moving-consumer-goods
Van Bael & Bellis (Brussels)
On 12 March 2012, the College of Competition Prosecutors submitted a reasoned report to the Competition Council finding an illegal exchange of price information between producers of fast- moving-consumer-goods in the context of a multi-sectoral association. The report concludes the (...)

The Italian Competition Authority fines 15 shipping agents firms and two trade associations for a cartel at the port of Genoa (Servizi di Agenzia Marittima)
Desogus Law Office (Cagliari)
By a decision taken on 22 February 2012 the Italian Competition Authority (ICA) has fined 15 firms and two trade associations for taking part in a secret cartel having as object the fixing of the fees charged by the shipping agents of the port of Genoa. The facts of the case In May 2010 the (...)

The Italian Competition Authority finds 15 shipping agencies and 2 trade associations to have infringed Art. 101 TFEU (Shipping agencies services)
Bonelli Erede Pappalardo (Rome)
By its Decision adopted on 22 February 2012, the Italian Competition Authority (“ICA”) fined 15 shipping agencies and 2 trade associations approximately EUR 4 million for breach of Article 101 TFEE. On the grounds of the leniency applications submitted by two shipping companies (i.e., Mersk and (...)

The EU Court of Justice upholds parental liability in acrylic glass and sodium chlorate cartel cases (Elf Aquitaine, Arkema, Total)
Van Bael & Bellis (Brussels)
In two recent orders, the European Court of Justice (“ECJ”) has reaffirmed the principles governing the liability of parent companies for the conduct of their wholly-owned subsidiaries, as established in Akzo Nobel. In the first order issued on 2 February 2012, the ECJ dismissed an (...)

The French Competition Authority fines several civil engineering companies for having distorted competition in the civil engineering sector in Saint-Pierre-et-Miquelon (GIE Exploitation des carrières)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence fines several companies in the sector for having distorted competition in the civil engineering sector on the archipelago*. After starting ex officio proceedings, further to (...)

The Danish Competition Authority settles a case in which a trade association and the six largest cooperative chains of independent estate agents have been involved in anti-competitive boycott agreements against one particular property search portal (Boliga.dk)
Danish Competition and Consumer Authority (Copenhagen)
Anti-Competitive Boycott Agreements in The Real Estate Business* On January 25, 2012, the Danish Competition Council settled a case, in which more than 65 per cent of the Danish real estate business, including the trade association and the six largest cooperative chains of independent estate (...)

The French Competition Authority fines several undertakings active on the leisure, culture and tourism engineering sector for an anticompetitive agreement on prices (Géfil, Deloitte)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence fines several consulting firms and the sector’s trade association for an anticompetitive agreement on prices*. The Autorité de la concurrence has just issued a decision (...)

The Italian Antitrust Authority concludes an investigation triggered by a leniency application concerning a cartel of shipping agents in the port of Genoa
Italian Competition Authority (Roma)
,
University Luiss Guido Carli - GRIF (Rome)
A) The decision The Italian Competition Authority, “ICA”, has imposed fines for about 4 million Euros on sixteen shipping agents and two trade associations (Assoagenti, the main trade association for shipping agencies and Spediporto, a representative trade association for the forwarding (...)

A Portuguese Court refers liberal professional association case to ECJ for preliminary ruling (OTOC)
European Commission (Brussels)
Portugal: The Lisbon Court of Appeal makes Reference for Preliminary Ruling to ECJ in Liberal Professions Case (case C-1/12)* A preliminary ruling is pending following a reference made by the Lisbon Court of Appeal (the Court) to the Court of Justice of the European Union (ECJ) in the (...)

The Spanish Competition Authority reaches a settlement agreement with the Spanish federation of municipalities and provinces and four professional associations of architects and industrial engineers (Convenios FEMP-Consejos Superiores de Colegios)
Hogan Lovells (Madrid)
,
Linklaters (Madrid)
On 28 December 2011, the Council of the Spanish Competition Commission (the «Council«, the «SCC«) decided to accept the commitments that had been previously submitted by the Spanish Federation of Municipalities and Provinces (Federación Española de Municipios y Provincias,«FEMP«), the Spanish (...)

The Serbian Competition Authority sanctions the association of insurers and its members for anti-competitive practices in the market for "casco" auto insurance (Serbian Association of Insurers)
University of Technology (Tallinn)
On 23 December 2011 the Serbian Competition Authority (KZK) imposed fines on the Serbian Association of Insurers (UOS) and its ten member insurance companies for the adoption and adherence to the UOS’s decision regulating the Casco auto insurance services. The fine for the adoption of the UOS’s (...)

A US District Court denies motion to dismiss antitrust conspiracy claims against potato grower cooperatives in US several states (Fresh and Process Potatoes Antitrust Litigation)
Offices of the United States Attorneys
,
Labaton Sucharow
I Can’t Make You Love Me If You Won’t: Capper-Volstead Jilted* The intersection between the Sherman Act and the Capper-Volstead exemption for collective conduct by agricultural industry members has given rise to a number of recent cases. In re Fresh and Process Potatoes Antitrust Litig., No. (...)

The Lithuanian Administrative Court annuls a decision of the national competition authority and emphasizes the importance of paying attention to the general aim of safeguarding the competition, rather than following a purely bureaucratic approach (Route Taxicabs)
Simmons & Simmons (London)
Background “Route Taxicabs”, a Business Association of Klaipeda (further on, “Route Taxicabs” Association) requested the Vilnius Regional Administrative Court (further on, Administrative Court) to annul the decision of the National Competition Authority to dismiss an investigation regarding (...)

The Czech Supreme Administrative Court confirms anticompetitive conduct regarding the sale of prescription for medicinal products (Czech Chamber of Pharmacists)
Kinstellar (Prague)
,
Kinstellar (Prague)
Subject matter of the case In the Czech Republic, prescriptions for medicinal products subject to prescription are subject to prescription fees. Some pharmacies have come up with a new marketing practice whose purpose is to attract new customers they offer to refund the prescription fee for (...)

The Croatian Competition Authority finds anti-competitive practices in the market for office supplies (Association of office supplies retailers)
University of Technology (Tallinn)
On 21 July 2011 the Croatian Competition Authority (AZTN) established that the Association of office supplies retailers (TUM) and its nine members have infringed the national equivalent of Article 101 TFEU by concluding an informal agreement, which included inter alia market sharing and (...)

The EU General Court hears an appeal from Spanish service station associations against a Commission’s decision (CEES/AGES)
Van Bael & Bellis
CEES (Confederación Española de Estaciones de Servicio) and AGES (Asociación de Gestores de Estaciones de Servicio), two associations representing 45 percent of Spanish service stations, are reported to have recently lodged an appeal with the General Court against a Commission decision which (...)

The Spanish Competition Authority fines undertakings involved in the fluid pumps cartel (Spanish association of fluid pump manufacturers)
European Commission (Brussels)
Spain: The CNC fines Undertakings involved in the Fluid Pumps Cartel* In its Resolution of 24 June 2011, the CNC Council decided that it was established that several undertakings active in the fluid pumps sector and the Spanish Association of Fluid Pump Manufacturers (AEFBF) had participated (...)

The Italian Competition Authority detects and punishes a cartel between a trade association and 20 trucking companies that haul freight to or from Italy aimed at fixing the size and form of price increases applied to their customers (International logistics)
University of Bologna
The Italian Competition Authority (hereinafter “AGCM”) has fined a trade association and 20 trucking companies that haul freight to or from Italy a total of € 76.447.677 for operating a single and complex price-fixing cartel having as its object the restriction of competition for at least five (...)

The Spanish Competition Authority fines associations in press clippings sector (Asociación de Editores de Diarios Españoles, Asociación Española de Prensa Gratuita, Asociación Federativa de Empresas de Clipping)
Van Bael & Bellis (Brussels)
The Spanish Competition Authority has recently imposed fines totalling € 335,000 on the Association of Spanish Newspaper Editors (Asociación de Editores de Diarios Españoles- AEDE), the Spanish Free Press Association (Asociación Española de Prensa Gratuita- AEPG) and the Federative Association of (...)

The Romanian Competition Authority accepts commitments of the national football federation in relation to the joint selling of the media rights (Federația Română de Fotbal / Liga Profesionistă de Fotbal din România)
University of Technology (Tallinn)
On 19 April 2011 the Romanian Competition Authority (CC) accepted the commitments proposed by the Romanian Football Federation (FRF) and, one of its members, the Romanian Professional Football League (LPF) in relation to the joint selling of the media rights and thus closed its investigation (...)

The European Commission settles a cartel in the washing powder industry fining two of the three participating companies and granting full immunity to the first informing about price coordination and other market stabilization strategies adopted (Procter & Gamble, Unilever, Henkel)
European Commission (Brussels)
European Commission: Settlement Decision adopted in Washing Powder Cartel* On 13 April 2011, the European Commission adopted a decision settling a cartel case involving major European producers of washing powder: Procter & Gamble, Unilever and Henkel. This is the third cartel settlement in (...)

The French Competition Authority publishes market-tested commitments proposed by the French CB bank card association in order to resolve antitrust concerns on multilateral interchange fees (Groupement des Cartes Bancaires)
European Commission (Brussels)
France: The Autorité de la Concurrence market-tests Commitments on MIFs, including on Debit and Credit Cards* Following a complaint made by two professional associations of merchants and retailers against ultilateral interchange fees (MIFs)used in the various payment systems in France, the (...)

The Spanish Competition Authority fines an association in the canned food industry for implementing a collective recommendation of prices for the sector (ANFACO, Conserveras)
Hogan Lovells (Madrid)
,
Linklaters (Madrid)
On 31 March 2010, the Council of the Spanish Competition Commission (hereinafter “the Council”, “the NCC”) imposed a fine of € 100,000 on the Natonal Canned Food Association (“Asociación Nacional de Fabricantes de Conservas y Mariscos”) (“ANFACO”, “the Association”) for implementing a collective (...)

The Serbian Competition Authority fines a professional association for adopting uniform minimum service fees to be applied by its members (Veterinary Chamber of Serbia)
University of Technology (Tallinn)
On 17 March 2011 the Serbian Competition Authority (KZK) has fined the Veterinary Chamber of Serbia (VKS) for adopting uniform minimum service fees to be applied by its members. The fine amounted to 7% of the VKS’s annual turnover in 2007 (RSD 1.243.690 or approx. EUR 12.330). The above (...)

A Dutch High Court upholds the national competition authority’s decision lowering fines on shrimp wholesalers and fisheries for infringement of national and European cartel provisions
European Commission (Brussels)
The Netherlands: The Highest Dutch Court in Antitrust Cases upholds Decision on Shrimp Cartel* Dutch traders and Dutch, German and Danish producers’ organizations representing shrimp fishers must pay fines, totalling more than € 4 400 000, for infringing the European and national provisions (...)

The Italian Competition Authority accepts and makes binding commitments to avoid further proceedings into an alleged anticompetitive practice in the paper waste and raw paper material sector (COMIECO)
University of Bologna
The Italian Competition Authority (hereafter Agcm) has accepted and made binding commitments offered by the National Consortium established under Italian private law to rationalize, organize and promote the recovery and recycling of cellulose-based packaging(hereafter “COMIECO”). The Agcm stated (...)

The Italian Competition Authority closes an investigation into the national consortium for the recovery and recycling of cellulose-based packaging for alleged infringement of Art. 101 TFEU accepting the commitments proposed to fix antitrust concerns (COMIECO)
European Commission (Brussels)
Italy: The Italian Competition Authority (ICA) accepts Commitments and closes Investigation regarding Waste Paper Consortium COMIECO* On 16 March 2011, the Italian Competition Authority (ICA) closed proceedings based on an alleged violation of Article 101 TFEU against COMIECO, a consortium of (...)

The Belgian College of Competition Prosecutors finds fee system for out-of-court recovery by bailiffs to amount to price-fixing (National Chambers of bailiffs)
Van Bael & Bellis
On 8 February 2011, the College of Competition Prosecutors submitted a reasoned report to the Competition Council finding that the fee system imposed by the National Chamber of Bailiffs for out-of-court (amicable) recovery of debts amounts to illegal price-fixing. In its report, the (...)

The Spanish Competition Authority fines a perfumes and cosmetics association for anti-competitive exchange of information (STANPA)
Van Bael & Bellis (Brussels)
On 7 February 2011, the Spanish Competition Authority adopted a decision fining the Spanish perfumes and cosmetics association (STANPA) for facilitating several anti-competitive exchanges of competitively sensitive information among its members between 2004 and 2008. According to the decision, (...)

The Spanish Competition Commission fines an association for exchanging commercially sensitive information capable of restricting competition in the perfume and cosmetics sector (Asociación Nacional de Perfumería y Cosmética - STANPA)
European Commission - DG COMP (Brussels)
,
Perez Llorca
On February 7, 2011, the Spanish Competition Commission (Comisión Nacional de la Competencia, the “CNC”) fined Asociación Nacional de Perfumería y Cosmética (“STANPA”) €901,518.16 for exchanging commercially sensitive information capable of restricting competition in the perfume and cosmetics sector in (...)

The Irish Competition Authority wins beef industry case (Beef Industry Development Society)
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 Spanish Competition Authority fines a professional association for anti-competitive arrangement (Asturias notaries’ association)
Van Bael & Bellis (Brussels)
On 20 January 2011, the Spanish Competition Authority fined the notaries’ association of the Asturias region for putting in place an anti-competitive arrangement in breach of the Spanish provision equivalent to Article 101 TFEU. In particular, the decision found that the notaries’ association (...)

The Bulgarian Commission for the Protection of Competition adopts a decision for block exemption of certain categories of agreements from the prohibition under Art. 15 LPC
European Commission (Brussels)
Bulgaria: The Commission for the Protection of Competition (CPC) adopts a Decision for Block Exemption of certain Categories of Agreements from the Prohibition under Article 15 LPC* On 20 January 2011, the CPC adopted a Decision block exempting certain categories of agreements, decisions or (...)

The Lithuanian Competition Council imposes fines totalling € 854 205 on producers of orthopedic products and their association (Actualis, Idemus, Ortobatas)
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 Portuguese Competition Authority fines the national association of parking companies for an unlawful decision to restrict competition (Associação Nacional de Empresas de Parques de Estacionamento)
Sérvulo & Associados
,
Eduardo Paz Ferreira & Associados
On 19 January 2011, the Portuguese Competition Authority (PCA) announced, through press release 1/2011 and a Q&A report that it has imposed on the National Association of Parking Companies (ANEPE) a fine of € 1,971,397 for anticompetitive practices in the national market for the (...)

The Chinese State Administration for Industry and Commerce adopts its first cartel decision under the Anti-Monopoly Law in the concrete production sector
Lni avocats (Paris)
It has been reported that last January, a local branch of the State Administration for Industry and Commerce («SAIC»), used, for the first time, its enforcement powers under China’s Anti-Monopoly Law («AML») to fine a trade association and some of its members for having implemented various market (...)

The Hellenic Competition Commission fines a professional engineers association for infringing both national and EU competition law by increasing minimum fees for architects and engineers (Technical Chamber of Greece)
Bank of Greece
Introduction On 22 December 2010, the Hellenic Competition Commission (Elliniki Epitropi Antagonismou, hereafter: HCC) issued an infringement decision against the Technical Chamber of Greece (Techniko Epimelitirio Elladas, hereafter: TEE) for violation of 101 TFEU and Art 1 Act 703/1977 (...)

The Hellenic Competition Commission imposes fines on the Technical Chamber of Greece for adopting a "minimum cost for construction projects" (TEE)
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 French Competition Authority fines 52.7 million euros for 10-years cartel (Road signs cartel)
Commissariat a l’energie atomique et aux energies alternatives (CEA)
On 22 December 2010, the Autorité de la Concurrence fined 8 firms in the Road Sign sector € 52,712,000 for agreeing on prices and sharing markets for permanent and temporary metal road signs between 1997 and 2006. Another two firms were fined € 2,229,000 for the abuse of a dominant position in the (...)

The General Court of the European Union annuls a Commission’s decision limiting its discretion to reject complaints and addressing the issue of market definition in the luxury watches repair services and spare parts markets (CEAHR)
Garrigues (Brussels)
Wrapping up the week / Case T-427/08, CEAHR v Commission* Case T-427/08, CEAHR v Commission The complaint: The European Confederation for watch repairers associations lodged a complaint before the Commission alleging that watch manufacturers had engaged in agreements and/or concerted (...)

The Spanish Supreme Court halves an antitrust fine in the bakery sector to €150.000 (Bakeries Association of Valencia province)
CMS Albinana y Suarez de Lezo (Madrid)
In December 2010 the Spanish Supreme Court (“Tribunal Supremo”) confirmed that the bakeries Association of the Valencia province (“Federación Gremial de Panadería y Pastelería de la Provincia de Valencia”) had taken part in an anticompetitive collusive practice when it recommended minimum prices for (...)

The Spanish National High Court reduces the fine imposed for collective recommendation in the food sector (Propollo)
European Commission - DG COMP (Brussels)
,
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 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 (...)

The Belgian Competition Council rules that the publication of recommended minimum rates by a professional body influences free price setting of real estate agents (Beroepsinstituut van Vastgoedmakelaars)
Liège University - IEJE
,
Reprobel
I. The Parties BIV is the Belgian Institute of real estate agents. This professional association regulates access to the profession and the application of deontology rules. II. The Facts In 1996, BIV drafted and published a scheme of recommended minimum rates for services provided by real (...)

A US District Court rules against plaintiffs in the auto parts industry holding that they failed to prove specific facts under Robinson-Patman Act’s price discrimination provision (Coalition for a Level Playing Field, Autozone)
Scharf Banks Marmor
Is it Possible to Plead a Robinson-Patman Act Case at All?* The recent decision in Coalition for a Level Playing Field, LLC v. Autozone, Inc., 2010-2 Trade Cas. ¶ 77,182 (S.D.N.Y. Sept. 16, 2010) was a bit surprising to me. The essence of the case was that a group of smaller purchasers of (...)

The Bulgarian Supreme Administrative Court upholds the decision of the competition authority establishing the existence of a cartel on the market for poultry meat and eggs (Bulgarian Poultry Breeders Union)
University of Technology (Tallinn)
On 15 September 2010 the Bulgarian Supreme Administrative Court (SAC) upheld the decision of the Bulgarian Competition Authority (CPC) establishing that the members of the Bulgarian Poultry Breeders Union (SPB) have infringed the national equivalent of Article 101 TFEU by coordinating prices (...)

The Danish Supreme Court enhances fines in case involving anticompetitive practices in the Christmas tree industry (Prosecutor/Dansk Juletræsdyrkerforening)
Lexxion Publisher
On 30 August 2010 the Danish Supreme Court (Højesteret) handed down a judgment in the case of the Public Prosecutor vs. Dansk Juletraesdyrkerforening (Danish Christmas tree Growers Association) in a case regarding anticompetitive practices (price recommendations). Only the question of the amount (...)

The Danish Supreme Court enhances fines in case involving anticompetitive practices in the bus transport industry (Danske Busvognmænd)
Lexxion Publisher
On 30 August 2010 the Danish Supreme Court (Højesteret) handed down a judgment in the case of the Public Prosecutor vs. Danske Busvognmaend (Danish Bus Operators) in a case regarding anticompetitive practices. Only the question of the amount of the fine was at issue before the Danish Supreme (...)

The Latvian Competition authority fines members of the association of auditors for price fixing cartel (Latvian Association of Certified Auditors)
Varul Vilgerts Smaliukas
I. Summary of the case This case is of interest, since this is the only second time in the history of Latvian competition law that the members of the so-called “liberal” profession are fined for the breach of Latvian Competition Law. In 2007 the Competition Council found the members of the (...)

The Belgian Competition Council condemns a real estate agents’ association for infringing the Belgian and European competition rules by adopting and publishing recommended minimum fees (Professional Institute of Real Estate Agents)
European Commission (Brussels)
Belgium: Minimum tariffs for Real Estate Transactions prohibited On 26 August 2010, the Competition Council decided that the Professional Institute of Real Estate Agents had infringed the Belgian and European competition rules (Article 101 TFEU) by adopting and publishing recommended minimum (...)

The Spanish Competition Authority fines sherry cartel (Bodegas González Byass, Bodegas José Estévez, Bodegas Williams & Humbert, Bodegas Emilio Lustau, Bodegas Barbadillo, Caydsa, Bodegas J Ferris and Bodegas Pedro Romero)
Van Bael & Bellis (Brussels)
According to a press release of 29 July 2010, the Spanish Competition Authority has imposed fines totalling approximately € 6.7 million on eight sherry producers (Bodegas González Byass, Bodegas José Estévez, Bodegas Williams & Humbert, Bodegas Emilio Lustau, Bodegas Barbadillo, Caydsa, Bodegas (...)

The Spanish NCA targets the sherry industry for the second time in one year and imposes an aggregate fine of € 6,723,000 M on nine sherry wine makers and two industry associations for participating in a cartel between 2001 and 2008 (Vinos Finos de Jerez)
Cleary Gottlieb Steen & Hamilton (Brussels)
The Spanish National Competition Commission (“CNC”) imposed a € 6,723,000 aggregated fine on nine Sherry (Jerez) wine makers, the industry association FEDEJEREZ and the Regulatory Association of Sherry wine producers (“Consejo Regulador”) for their participation in a cartel between 2001 and 2008 (...)

The Spanish National Competition Authority imposes fines to eight wine cellars for their participation in a cartel concerning sherry wine and also condemns the Regulating Council of the name of origin of sherry wine for its role as a facilitator (Vinos Finos de Jerez)
University College London
Introduction The Spanish National Competition Authority imposed a 10% turnover fine on Sherry wine producers for establishing coordinated conducts that restricted the wine offer as well as for price fixing. At a first stage, only the Regulating Council of the Name of Origin of Sherry Wine was (...)

The Italian Competition Authority starts investigation against main marketing consulters associations under Art. 2 and 14 of Law 287/1990 (ACPI)
Codacons
ACPI and TP (Associations of Italian Marketing Consulters) are formed by natural persons, who have worked up to five years in the field of marketing consultation and communication industry and have covered directorial roles, enrolled to the Italian Commerce Chamber. In July 2009, the Italian (...)

The Lisbon Trade Court dismisses the appeal of the Portuguese Competition Authority’s infringement decision regarding an association of undertakings for exchanging information with its members on bread consumer prices (Lisbon Breadmakers’ Association)
Samsung (Portugal)
On 25 June 2010, the Tribunal de Comércio de Lisboa (Lisbon Trade Court) dismissed the appeal against the Autoridade da Concorrência’s (Portuguese Competition Authority) infringement decision regarding the Associação dos Industriais de Panificação de Lisboa (Lisbon Breadmakers’ Association - the (...)

The Mexican Competition Commission fines five undertakings and five individuals for price fixing in the trucking market (CanaCar)
Jones Day (Mexico)
,
Jones Day (Mexico)
,
Jones Day (Mexico)
On June 14, 2010, the Mexican Federal Competition Commission (also known as Cofeco or CFC) announced its decision to fine a group of companies and individuals in the trucking industry, whom Cofeco charged with agreeing to impose a standard fuel surcharge, in violation of Mexican antitrust law. (...)

The Italian Competition Authority starts investigation against alleged price fixing between the main players in the field of maritime agency service (Servizi di Agenzia Marittima)
Codacons
In December 2007 Italian Competition Authority (hereinafter ICA) was reported about a potential behaviour which could have undermined the competition among maritime service agencies. Many companies were suspected to implement agreements even through using the category associations (Associazione (...)

The Bulgarian Competition Authority finds no cartel on the market for banking services (Association of Banks in Bulgaria)
University of Technology (Tallinn)
On 3 June 2010 the Bulgarian Competition Authority (CPC) finalized its investigation into the alleged existence of price coordination in the banking sector with the finding that the collected evidence did not allow to establish the existence of a cartel and that similarity in prices was (...)

The US Supreme Court reverses the lower court’s decisions addressing the issue of single entity notion under antitrust law (American Needle / National Football League)
University of Pennsylvania (Philadelphia)
American Needle, Inc. v. National Football League* In American Needle, Inc. v. National Football League, 130 S.Ct. 2201 (2010), the Supreme Court held that the NFL acting through its incorporated subsidiary NFL Properties, Inc. (NFLP) was not a single entity but rather a combination of its 32 (...)

The US Supreme Court finds that a football league and its members should not be treated as a single entity (American Needle / National Football League)
Tesoro
American professional sports associations such as the National Basketball Association (NBA), the National Football League (NFL), the National Hockey League (NHL), and the Major League Baseball (MLB) generate significant economic activity. In 2010, their combined revenue exceeded $21 billion and (...)

The Portuguese Competition Authority condemns a professional association for anticompetitive practices in the training market (Order of Certified Accountants)
Sérvulo & Associados
,
Eduardo Paz Ferreira & Associados
The Portuguese Competition Authority (PCA) has found that the Order of Certified Accountants (OCA or OTOC, in Portuguese), formerly named Chamber of Certified Accountants (until Decree-Law 310/2009) has breached articles 101 and 102 TFEU, and their national equivalents (articles 4 and 6 of (...)

The Macedonian Competition Authority finds the existence of anticompetitive practices on the market for mandatory technical certification of motor vehicles (Macedonian Drivers Union)
University of Technology (Tallinn)
On 4 May 2010 the Macedonian Competition Authority (KZK) found that Macedonian Drivers Union (SVM) has infringed national equivalent of Article 101(1) TFEU by fixing prices for the mandatory technical certification services provided by its member organizations - local drivers clubs. The (...)

The Bulgarian Competition Authority fines € 90.000 a professional association for setting and disseminating recommended prices for construction services (Bulgarian Construction Chambers)
University of Technology (Tallinn)
On 4 May 2010 the Bulgarian Competition Authority (CPC) concluded its investigation into the existence of anticompetitive practices on the national market for construction services and prosecuted the Bulgarian Construction Chamber (KSB) for the infringement of national equivalent of Article (...)

The Supreme Court of Ireland holds that Medical Council is not an association of undertakings for the purposes of competition law (Ramadan Hemat)
Arthur Cox (Dublin)
Ramadan Hemat v the Medical Council[2010] IESC 24 concerns a Supreme Court appeal arising out of a decision of Mr Justice McKechnie in the High Court. The question before the appeal court was whether the Medical Council was an association of undertakings for the purposes of competition law at (...)

The President of the Polish Office for Competition and Consumer Protection holds that notaries ethics code contains provisions breaching competition law (Council of the Notary of Poland)
Wiercinski Kwiecinski Baehr (Poznan)
,
WKB Wierciński Kwieciński Baehr (Warsaw)
In the decision from April 19, 2010 the President of the Office for Competition and Consumer Protection (hereinafter the “OCCP President”) found that the Ethics Code of the Notary (hereinafter the “Code”) adopted by the Council of the Notary of Poland (hereinafter the “Council”) contains provisions (...)

The Croatian Competition Authority establishes existence of concerted practices among newspaper publishers that led to a uniform price increase (Slobodna Dalmacija, Europapress holding, RTD, Glas Slavonije, Glas Istre, Novi list, Večernji list, Vjesnik-naklada)
University of Technology (Tallinn)
On 25 March 2010 the Croatian Competition Authority (AZTN) established that eight publishers of daily newspapers violated national equivalent of Article 101 TFEU by entering into an anticompetitive agreement in the form of concerted practices, which led to the uniform increase of the retail (...)

The French Competition Authority sanctions a professional association for having called for a boycott of opticians on the replacement of glasses without a prescription sector (Syndicat national des ophtalmologistes de France - SNOF)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence sanctions the French national association of ophthalmologists (Syndicat national des ophtalmologistes de France - SNOF) for having called for a boycott of opticians affiliated (...)

The German Competition Authority fines mortar cartelists € 13 M for price fixing (Hagebau, Eurobaustoff, Verband Norddeutscher Baustoffhändler, Baustoff-Fachverband Landsberg)
Van Bael & Bellis (Brussels)
On 2 March 2010, the German Federal Cartel Office (“FCO”) announced that it had imposed fines totalling € 13.36 million on the members of a price-fixing cartel in the mortar sector, who had agreed on charging additional fees to customers to cover the setting up of silos for dry mortar. The FCO’s (...)

The Canadian Competition Bureau challenges real estate brokerage rules (Canadian Real Estate Association)
Canadian International Joint Commission
Introduction Canada’s Competition Bureau, an independent law enforcement agency that assists the Commissioner of Competition (the “Commissioner”) in protecting and promoting competition, announced on 8 February 2010 that a notice of application would be filed on behalf of the Commissioner with (...)

The Italian Competition Authority accepts commitments submitted by an association of undertakings in order to cease possible violation of Art. 101 TFUE regarding professional fees (Council of psychologists)
Codacons
The "Consiglio Nazionale dell’Ordiene degli Psicologi" ("CNOP") is the organ which represents the Council of psychologists at national level: it approves the professional ethics code, it manages the internal organization, compiles the balance sheets, and ensures the respect of the legislation, (...)

The Croatian Competition Authority holds illegal minimum price fixing agreement among residential management service providers (Eki Inginjering)
University of Technology (Tallinn)
In December 2008 the Croatian Competition Authority (AZTN) received a complaint submitted by the consumer protection organization “Istrian Consumer”. The complainant alleged that four providers of residential management services in the city of Pula (Eki Inžinjering d.o.o., Uljanik Upravljanje (...)

The Italian Competition Authority fines a sport association for having impeded individual sale of broadcasting rights (Italian Football Association)
Van Bael & Bellis (Brussels)
On 16 December 2009, the Italian Competition Authority (ICA) ruled that the Italian Football Association (“IFA”) had infringed Article 101 TFEU by implementing an agreement impeding the sale by individual football clubs of television broadcasting rights relating to Second Division Championship (...)

The Romanian Competition Authority imposes an 8% fine to an association of undertakings for price fixing and refers for the first time to criminal investigation bodies (Association of the Depositories of Cereals)
NNDKP
Price fixing by associations of undertakings is no novelty in the competition world. Neither are heavy fines, although it is not often that a competition authority reaches an 8% fine for a short term infringement (be it price fixing), and without application of any aggravating circumstances. (...)

The Danish Competition Council adopts commitment decision to prevent exchange of cost information between industrial laundries (Textile Services Association)
Danish Competition and Consumer Authority (Copenhagen)
On 25 November 2009, the Danish Competition Council adopted a commitment decision, cf. Section 16 a of the Danish Competition Act, whereby the Textile Services Association undertook to cease the exchange of a cost index for industrial laundries and to disband the association’s cost-index (...)

The Romania’s High Court of Justice upholds a NCA’s decision having imposed a fine for price fixing to a nonprofit organization (National Association of Dental Technicians)
Romanian Competition Council (Bucharest)
By its Civil Decision n° 5.236 of 19th of November, 2009, the Romanian High Court of Cassation and Justice (Înalta Curte de Casaţie şi Justiţie) has rejected the second appeal (recurs) of the National Association of Dental Technicians (NADT) - Asociaţia Naţională a Tehnicienilor Dentari - against the (...)

The Italian Competition Authority launches an investigation into possible anticompetitive agreements involving a trade association and international freight forwarders (Fedespedi)
European Commission (Brussels)
Italy: Antitrust Authority launched an Investigation into possible Agreements restricting Competition involving the Fedespedi Trade Association and 20 international Freight Forwarders On 18 November 2009, the Italian Competition Authority launched an investigation to ascertain the existence of (...)

The Swedish Competition Authority accepts a commitment, subject to penalty of a fine, from a trade association for laboratories to amend its general terms (Föreningen ackrediterade Laboratorier)
Vinge (Stockholm)
,
Vinge (Stockholm)
,
Vinge (Stockholm)
Introduction On November 16, 2009, the Swedish Competition Authority (“SCA“) accepted a commitment offered by Föreningen ackrediterade Laboratorier (“FaL”), a trade association for private laboratories, thereby closing its investigation about FaL’s general terms for laboratory services. Background (...)

The Serbian Competition Authority advises the Government to amend regulation of the insurance services in order to preserve competition among insurers (Regulation of the insurance services sector)
University of Technology (Tallinn)
On 5 November 2009 the Serbian Competition Authority (KZK) issued an ex officio opinion regarding new regulation of the insurance sector brought about by the Law on Obligatory Insurance , which entered into force on 12/10/2009. KZK was of the opinion that new law substantially restricted (...)

The Serbian Competition Authority annulls the decision of the Serbian Association of Insurers setting the minimum premium rates for motor vehicle liability insurance (Serbian Association of Insurers)
University of Technology (Tallinn)
On 21 October 2009 Serbian Competition Authority (KZK) following an ex officio investigation annulled a decision of the Serbian Association of Insurers (UOS) setting minimum premium rates for motor vehicle liability insurance as anticompetitive agreement prohibited by the relevant provisions of (...)

The Hungarian competition authority accepts commitments from the lawyer’s Bar on registration fees (Békés Megyei Ügyvédi Kamara)
Hungarian Competition Law Research Centre
The Hungarian competition authority, the Gazdasági Versenyhivatal (GVH) accepted commitments from the lawyer’s Bar of Békés Megye (Békés Megyei Ügyvédi Kamara; further on: BMÜK). The GVH initiated the investigation on 7 May 2007, because it was thought that the BMÜK with the imposition of procedural (...)

The Danish High Court doubles fine imposed by the District Court on a professional association for recommending retail prices (Christmas Tree Growers Association)
Danish Competition and Consumer Authority (Copenhagen)
On 24 September 2009 the High Court of Eastern Denmark increased the fine imposed by a District Court on the Danish Christmas Tree Growers Association for having infringed section 6 of the Danish Competition Act (national provision similar to Article 101 of the TFEU) by having issued price (...)

The French Competition Authority issues an opinion on the effects of competition on the development of approved healthcare networks
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence stipulates the conditions under which the development of networks of approved health professions can be favorable to competition and in the interests of patients.* After a (...)

A German Court confirms decision of German Federal Cartel Office regarding a boycott in dairy sector (BDM)
Van Bael & Bellis (Brussels)
In a recently published decision of 9 September 2009, the Higher Regional Court of Düsseldorf upheld a decision of the German Federal Cartel Office (“FCO”) of November 2008 which found that a call on farmers made by the German Federal Dairy Farmers’ Association (“BDM”) to boycott dairies infringed (...)

A Danish Court of appeal reduces the fines imposed by the City Court on an association, its director and its deputy director for encouraging a price increase (Danish coach drivers’ association)
Danish Competition and Consumer Authority (Copenhagen)
On 3 September 2009, the Danish Eastern High Court reduced the fines imposed by the City Court of Copenhagenon the Danish Coach Drivers’ Association, its director and its deputy director for infringing Section 6 of the Danish Competition Act (equivalent to Article 81 EC) by encouraging its (...)

The Italian Competition Authority starts a proceedings against multilateral interchange fee setting in the card payment systems sector (MasterCard)
University Luiss Guido Carli - GRIF (Rome)
,
University Luiss Guido Carli - GRIF (Rome)
On the 15th July 2009, the Autorità Garante della Concorrenza e del Mercato, the Italian Competition Authority (hereinafter, ICA), decided to initiate an antitrust proceedings against MasterCard Group and eight of the main banks and financial institutions licensed by MasterCard Group for (...)

The German Competition Authority imposes € 39.69 M fine on mortar manufacturers for price fixing (Maxit Deutschland, Knauf Gips, Knauf Marmorit)
Van Bael & Bellis (Brussels)
According to a press release of 3 July 2009, the German Federal Cartel Office (FCO) imposed a fine of a total of € 39.69 million for price-fixing on nine companies and executives active on the market for the manufacture of mortar, namely maxit Deutschland GmbH, Knauf Gips KG, Knauf Marmorit (...)

The German Competition Authority imposes € 1.2 M fine on several pharmacy associations for collective boycott in Germany (Gehe)
Van Bael & Bellis (Brussels)
The German Federal Cartel Office (FCO) has imposed a € 1.2 million fine on several German pharmacy associations for calling on pharmacists to boycott the pharma wholesaler Gehe after Gehe’s parent company Celesio acquired the internet pharmacy Doc Morris in April 2007. The German pharmacy (...)

The German Federal Court of Justice holds in a private antitrust enforcement case that offering varying prices in the gas retail market by different subsidiaries of the same mother company may be anticompetitive price discrimination by one economic entity (Entega)
University of East Anglia - CCP (Norwich)
In a private antitrust enforcement case the German Federal Court of Justice held that offering varying prices in the gas retail market by different subsidiaries of the same mother company may be anticompetitive price discrimination by one economic entity. Background German energy markets pose (...)

The Serbian Competition Authority annuls the decision of the Serbian Association of Insurers regulating the terms of the Casco auto insurance services (Serbian Association of Insurers)
University of Technology (Tallinn)
On 5 June 2008 the Administrative Council of the Serbian Association of Insurers (Udruženje osiguravača Srbije) (UOS) on the basis of the preceding opinion of its Commission for Motor Vehicles (Komisija za motorna vozila) adopted a decision regulating the Casco auto insurance services provided by (...)

The Bulgarian Supreme Administrative Court quashes an NCA decision applying Art. 3.1.g and 10 in conjunction with Art. 81 EC on grounds of separation of powers and national procedural autonomy (Chamber of the design engineers)
Kinstellar (Sofia)
The Bulgarian Supreme Administrative Court (the “SAC”) annulled the first decision of the Bulgarian Commission for the Protection of Competition (the “CPC”) declaring domestic statutory provisions incompatible with Articles 3(1)(g) and 10 in conjunction with Article 81 of the EC Treaty and that (...)

The Spanish NCA imposes a 10% turnover fine on the association of sherry wine producers for concluding anticompetitive agreements infringing both Art. 81 EC and mirror national provisions (Consejo Regulador de Denominación de Origen de Vinos de Jerez y Manzanilla de Sanlúcar)
Cleary Gottlieb Steen & Hamilton (Brussels)
The Spanish NCA imposes a 10% turnover fine on the Association of Sherry wine producers for concluding three agreements infringing Article 1 of the Spanish Competition Act and Article 81 of the EC Treaty. The Spanish National Competition Commission (“CNC”) has ruled that the three agreements (...)

The Hungarian Competition Authority terminates its investigation on recommended minimum prices set by a professional association (Hungarian Chamber of Doctors)
Van Bael & Bellis (Brussels)
Due to regulatory changes, since 1 April 2007, the Hungarian Chamber of Doctors (the Chamber) is no longer entitled to publish recommended minimum prices. In an order, dated 25 May 2009, the Hungarian Competition Authority (GVH) established that some recommended prices continued to be available (...)

The Danish Competition Council grants an individual exemption for a horizontal cooperation between 27 small and medium-sized car insurance companies (Taksatorringens vedtægter)
Kromann Reumert (Copenhagen)
The Danish Competition Council exempted horizontal cooperation between 27 small and medium-sized motor vehicle insurance companies for the third time in a row. The cooperation consisted of a jointly established association of insurance appraisers (taksatorringen) that: (1) assess motor vehicle (...)

The French Competition Authority sanctions a professional association for having urged to territorial monopolies for dispensing pharmacists (Ordre des pharmaciens de Basse-Normandie)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence condemns the Regional Council of the Ordre des pharmaciens de Basse-Normandie for urging a retirement home to use the pharmacies that are closest to it.* Referred to by a (...)

The Spanish Competition Authority overturns earlier decision and rules that an agreement between a regional health service and a professional association of pharmacists infringes Art. 1 of the Competition Act (Colegio Farmacéuticos Castilla-La Mancha)
Cleary Gottlieb Steen & Hamilton (Brussels)
The Spanish National Competition Commission (“CNC”) has ruled that the cooperation agreement between the Regional Health Service of Castilla-La Mancha (“SESCAM”) and the regional Professional Association of Pharmacists (the “Association”) dated June 29, 2006 (the “Agreement”), amounts to a market (...)

The Paris Court of Appeal confirms the fines imposed in a collective boycotting case and its strict case law on standard of proof (Defibrillators)
Hewlett Packard (Boulogne-Billancourt)
,
Ginestié Magellan Paley-Vincent
On 8 April 2009, the Paris Court of Appeal (the "Court") confirmed the decision of the French Competition Council (the "Authority") dated 19 December 2007 to fine five of the world’s leading implantable heart defibrillator manufacturers (Biotronik, Ela Medical, Guidant, Medtronic and Saint Jude (...)

The Court of Appeal of Brussels upholds the NCA’s ruling holding that the opening days/hours and advertising provisions for pharmacy outlets, as set by the Belgian Pharmacists Association, were contrary to competition law (Ordre des pharmaciens)
Philippe & Partners (Brussels)
,
Praetica (Bruxelles)
1. The Parties The parties to the matter were: L’Ordre des pharmaciens (the Belgian Pharmacists Association, “BPA”), a public body established in Brussels; Mrs. E. Servais, pharmacist in Grez-Doiceau; Les Pharmacies Mont-Saint-Pont, a private corporation established in Braine l’Alleud; (...)

The Paris Court of Appeal annuls a decision by the French Competition Council fining 7 physicians’ unions for colluding to increase their fees (Union nationale des médecins spécialistes confédéés a. o. vs Association Familles rurales)
Herbert Smith Freehills (Paris)
,
McDermott Will & Emery (Paris)
In a ruling of 18 March 2009, the Paris Court of Appeal (the "Court") annulled a decision by the French Competition Council (the "Decision" and the "Council") to fine 7 physicians’ unions for an agreement among their members to increase fees charged to patients. These practices ran for varying (...)

The Italian Competition Authority inflicts a fine on pasta manufacturers and related industry associations for having entered into an illicit pricing cartel in breach of Art. 81 of the EC Treaty (Listino prezzi della pasta)
Bonelli Erede Pappalardo (Rome)
By its Decision delivered on 25 February 2009, the Italian Competition Authority (the “ICA”) closed the investigation that had been initiated at the end of 2007 against 29 pasta manufacturers and two Italian industry associations, i.e. UNIPI - Unione Industriale Pastai Italiani (The Italian Pasta (...)

The French Competition Authority fines several professional associations of dental surgeons for practices of boycott (Conseil national de l’Ordre des chirurgiens-dentistes)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Conseil de la concurrence fines the National Board of the French Dental Surgeons Association (Conseil national de l’Ordre des chirurgiens-dentistes) and several of its regional boards for encouraging dental (...)

The Spanish Competition Authority fines an association of Architects for preventing architects registered on its lists of judicial experts from registering on third parties’ lists (Valencia Architects’ Association)
Cuatrecasas, Gonçalves Pereira
,
Cuatrecasas, Goncalves Pereira (Madrid)
On February 9, 2009, the Spanish Competition Authority (“SCA”) considered that the Colegio Oficial de Arquitectos de la Comunidad Valenciana (“COACV”), the official Association of Architects of Valencia, infringed Article 1 of the Spanish Competition Act by preventing architects registered on its (...)

The Budapest Court of Appeal upholds the NCA decision against the book resale price maintenance system (Association of Hungarian Book Publishers and Distributors)
Szabó Kelemen & Partners
,
University of East Anglia - CCP (Norwich)
The Association of Hungarian Book Publishers and Distributors (hereinafter the “Association”) has 144 members. The members are both publishers and booksellers. The Association adopts the so called Competition Regulation and defines the frameworks of the competition rules of the industry. The (...)

The Spanish Competition Authority orders an amateurs’ association to withdraw a so-called technical regulation aiming at keeping manufacturers’ prices low (ADIPAV, Holland Patines a Vela and Federación Catalana de Vela)
Cuatrecasas, Gonçalves Pereira
,
Cuatrecasas, Goncalves Pereira (Madrid)
On December 29, 2008, the Spanish Competition Authority (“SCA”) considered that Associació Deportiva Internacional de Propietaris de Patins a Vela (“ADIPAV”), a consumer association for catamarans (patines a vela), infringed Article 1 of the Spanish Competition Act by adopting a technical regulation (...)

The Bulgarian Supreme Administrative Court upholds a NCA decision evoking Art. 81.1 and 3 EC for the first time (Association of the Bulgarian insurance companies and Others - “Civil liability insurance for car drivers”)
Kinstellar (Sofia)
Parts of this article feature in another publication of the author on the same matter for e-Competition. See : Dessislava Fessenko, The Bulgarian competition authority applies for the first time Art. 81.1 EC and sanctions 14 insurance companies for fixing minimum levels (Association of the (...)

The Danish Competition Council finds that a transporters association violated Danish competition law by distributing certain information to its members (Dansk Transport og Logistik)
Kromann Reumert (Copenhagen)
On 17 December 2008 the Danish Competition Council found that Dansk Transport og Logistik’s distribution of certain information to its members amounted to an infringement “by object” of Danish competition law . The information concerned included: (1) several cost calculation programmes, of which (...)

The Portuguese Competition Authority fines a professional association for exchanging information on bread consumer prices (Lisbon Breadmakers’ Association)
Samsung (Portugal)
According to the Notice published by the Portuguese Competition Authority - Autoridade da Concorrência - on 16 December 2008, said entity issued an infringement decision regarding the Lisbon Breadmakers’ Association - Associação dos Industriais de Panificação de Lisboa for failure to comply with (...)

The Hungarian competition authority fines EUR 10.500 the journalist association for recommended prices on the basis of both Art. 81 EC and equivalent national provision (Magyar Újságírók Szövetsége)
Hungarian Competition Law Research Centre
The Hungarian competition authority, the Gazdasági Versenyhivatal (further on: GVH) initiated an investigation against the Hungarian association of journalists, the Magyar Újságírók Országos Szövetsége (further on: MUOSZ) on the basis of s11 of the Hungarian competition act and art. 81 EC because it (...)

The Serbian Competition Authority holds unlawful minimum tariffs imposed to members of a professional association (Veterinary Chamber of Serbia)
University of Belgrade
Following a complaint, the Serbian Competition Authority (Komisija za zastitu konkurencije) started an investigation concerning the fixation of minimum prices by the Veterinary Chamber of Serbia (“Veterinarska komora Srbije”), a professional association of veterinaries. The Competition Authority (...)

The German federal competition authority holds the boycott of diary farmers violates national competition law (Milchboykott)
Beiten Burkhardt (Brussels)
Background In 2008 Germany bore witness to a controversial power struggle between dairy farmers on the one side and dairies and food retail companies on the other side. The Federal Dairy Farmers Association in Freising, Germany (Bundesverband Deutscher Milchviehhalter e.V. ; BDM), represents (...)

The Hungarian Competition Authority closes case against a professional association (Hungarian Chamber of Pharmacists)
Van Bael & Bellis (Brussels)
By an order of 4 November 2008, which has recently become publicly available, the Hungarian Competition Authority (“GVH”) decided to terminate its investigation into alleged anti-competitive practices by the Hungarian Chamber of Pharmacists (the “Chamber”) on the market for pharmaceuticals. The (...)

The Spanish Supreme Court firmly protects price competition in the liberal professions and gives a controversial view on the interaction between EC and national competition Law (Ricardo)
European Court of Justice (Luxembourg)
,
Garrigues
Introduction On 4 November 2008, the Spanish Tribunal Supremo (Supreme Court) handed down a landmark ruling in case 5837/2005, Ricardo v. Consejo General de la Abogacía. This case looks set to be a cornerstone of Spanish competition law for years to come. The judgment was delivered by the (...)

The French Competition Authority sanctions a taxi association and some of its members for colluding to prevent new taxis from setting up in the département of Alpes-de-Haute-Provence (Syndicat d’artisans et entrepreneurs de taxis des Alpes-de-Haute-Provence)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Anticompetitive agreement between taxi operators in the Alpes-de-Haute-Provence département: The Conseil de la concurrence sanctions a taxi association and some of its members for colluding to prevent new taxis (...)

A Dutch Court confirms the annulment of a decision adopted by the NCA on ground of inadequate examination of whether recommended prices were restrictive of competition by their object (NIP, NVVP, LVE)
European Commission - DG HR
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European Court of Justice (Luxembourg)
In April 2004, the Dutch Competition Authority (hereafter the ‘NMa’) imposed fines upon NIP, NVVP, and LVE, three professional associations in field of psychological services, for breach of Article 6 of the Dutch Competition Act (a provision equivalent to Article 81 (1) EC). Furthermore, the NMa (...)

The Italian Antitrust Authority launches a cartel investigation against the main auction houses (Case d’Asta)
National University of Singapore
,
Dandria
The Italian Antitrust Authority (hereinafter, also “IAA”) recently launched an investigation against the main Italian auction houses, which are suspected of having colluded on prices and other trading conditions in violation of Article 81 EC and/or of Article 2 of the Italian Law 287/90, the (...)

The Hungarian Competition Authority applies a consistently stricter approach towards price recommendations issued by associations of undertakings (Magyar Ingatlanszövetség)
MVM OVIT (Budapest)
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In its decision of 12 September 2008 (GVH Decision), the Competition Council of the Hungarian Competition Office (GVH) held that the Hungarian Real Estate Association (Magyar Ingatlanszövetség, MAISZ) is in breach of the Hungarian equivalent of Article 81 of the EC Treaty, namely, Section 11 of (...)

The German Federal Court of Justice finds that a recommendation of the Association of German lottery operators violates the prohibition of Art. 81 EC and s. 1 of the Act Against Restraints of Competition (Lottoblock)
University of East Anglia - CCP (Norwich)
Background The regulatory power for lottery games and gambling in Germany falls within the competency of the 16 Federal States (Bundesländer). Lotteries that play a systematic jackpot or where the jackpot exceeds the amount of one Million Euro are organised and operated by the State-controlled (...)

The Belgian Competition Council finds a non-profit association guilty of price fixing but does not impose any fine (AIAB)
Liege Competition and Innovation Institute
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Liaison agency Flanders-Europe (vleva)
1. Parties The present case arose from a complaint lodged by Review Applications of Communication (“RAC”), a firm active in communications applications before the Belgian Competition Council (“the Council), against a non-profit association, the Association of Interior Architects of Belgium (...)

The Bulgarian Competition Authority applies Art. 81 EC and the useful effect doctrine to minimum price maintenance and sets aside a statutory provision facilitating it (Chamber of the design engineers)
Kinstellar (Sofia)
The Bulgarian Commission for Protection of Competition (the ¡°CPC¡±) found that a methodology for setting the prices of structural design services adopted by a professional regulation body effectively introduced minimum price maintenance and condemned the methodology as anticompetitive. The (...)

The High Court of England and Wales refers questions to the ECJ regarding whether the prohibition on the use of foreign satellite decoder equipment and cards in the UK infringes, inter alia, Art. 81 EC (Football Association Premier League / QC Leisure)
European Commission - DG COMP (Brussels)
In two separate cases involving the same claimant, the High Court of England and Wales has referred questions to the European Court of Justice regarding whether the prohibition on the use of foreign satellite decoder equipment and cards in the UK infringes, inter alia, Article 81 EC. (...)

The Belgian Competition Council condemns the Belgian professional association of driving schools for price fixing (Test-Achats / Auto-écoles de Belgique)
Liège University - IEJE
,
Actéo (Liege)
I. The parties This case arose from a complaint of the Superior Institute of Driving (SID) and the Belgian Consumer Association ‘Test-Achats” (TA) lodged before the Belgian Competition Council (“the Council”) against the Belgian Federation of Professional Driving Schools (BFPDS). BFPDS is a (...)

The Italian Antitrust Authority launches an investigation on alleged restrictive practices in the cosmetic sector (Cosmetics and toiletries companies)
Freshfields Bruckhaus Deringer
On 12 June 2008 the Autoritá Garante della Concorrenza e del Mercato (Italian Antitrust Authority, IAA) started an investigation for alleged restrictive practices against the Italian subsidiaries of a number of multinational companies active in the cosmetic sector and, namely: Henkel, Unilever, (...)

The Italian Competition Authority fines a bakers trade association for price-fixing practices (Unione Panificatori-Listino Prezzi del Pane)
Desogus Law Office (Cagliari)
By a recent decision the Italian Competition Authority (ICA) has condemned the Rome’s branch of the Italian trade association of bakers (Unione Panificatori) for fixing retail prices for bread in the city and province of Rome. The facts of the case In September 2007, following a meeting of the (...)

The Italian Competition Authority condemns a local association of pharmacies for price-fixing arrangements regarding the retail prices of over-the-counter pharmaceuticals (Federfarma Teramo)
Desogus Law Office (Cagliari)
The Italian Competition Authority (ICA) fined Federfarma Teramo, an association regrouping pharmacies located in the province of Teramo, Central Italy, for fixing the retail prices of a number of over-the-counter (OTC) pharmaceuticals via a circular detailing the maximum discounts applicable to (...)

The Italian Competition Authority closes the investigations for violations of Art. 81 and 82 EC in the equestrian sports market following commitments proposed by a sport federation (Federazione Italiana Sport Equestri)
Ashurst
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Legance - Studio Legale Associato
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Banca d’Italia (Italian Central Bank)
Background On 15 May 2008, the Italian Competition Authority (Autorità Garante della Concorrenza e del Mercato) closed the investigation launched in July 2007 for possible violations of Article 81 and/or 82 EC by the Italian Equestrian Sports Federation (Federazione Italiana Sport Equestri) (...)

The Dutch Court of Appeal of the Hague, after having saught the opinion of the European Commission, holds that a decision adopted by a mussel farmers association did not breach Art. 81.1 EC (Vereniging Productenorganisatie van de Nederlandse Mosselcultuur/Praet en Zonen)
European Commission - DG HR
,
European Court of Justice (Luxembourg)
In 1998, PO, a cooperative association of mussel farmers, adopted a regulation (hereafter the “1998 regulation”) providing for the allocation to its members of the mussel seeds quantity that they could fish, of which the total amount is determined by government on a yearly basis. On 25 January (...)

The Belgian Competition Authority clarifies the standard of proof applicable to cases involving recommended prices by associations (Intérêts veterinaries)
Altius (Brussels)
,
Altius (Brussels)
On 15 of April 2008 the Belgian Competition Council (Conseil de la Concurrence/Raad voor de Mededinging) (“BCC”) adopted its decision in a case about price recommendation by a Belgian veterinarian association (hereinafter referred to as the “veterinarian decision”). Around the same time, the BCC (...)

The French Competition Authority fines seven physicians’ unions for conspiring to increase fees for patient visits (Union des médecins spécialistes confédérés)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Sector 1 Specialist Physicians Overcharging Fees: The Conseil de la concurrence fines 7 physicians’ unions for conspiring to increase fees for patient visits.* Pursuant to an action brought by the Rural (...)

The Spanish Competition Authority imposes a 15 M Euros fine over two associations of carriers for acting as a cartel in the transport sector (Transportes Barcelona)
Chilean Competition Tribunal (Santiago)
On April 1st, 2008, the Council of the Spanish National Competition Commission (the “Council”) ruled that two Spanish associations of carriers acted as a cartel regarding the road haulage of containers in the Port of Barcelona. The Council decided to impose heavy fines on the two associations, (...)

The Romanian Competition Council imposes a fine on a professional association for price-fixing (National Association of Dental Technicians)
Van Bael & Bellis (Brussels)
On 26 March 2008, the Romanian Competition Council imposed a fine of over € 5,500 on the National Association of Dental Technicians for adopting price lists with respect to products manufactured by dental technicians and publishing them in its review. The Council noted that several provisions of (...)

The Vilnius District Administrative Court upholds the Lithuanian NCA’s infringement decision on professional minimum fees (Chamber of Auditors)
Lithuanian Competition Council
On 14 February 2008 the Vilnius District Administrative Court (the “VDAC” or the “Court”) rejected an appeal brought by the Lithuanian Chamber of Auditors (the “LCA”) against the Competition Council’s infringement decision condemning the appellant’s attempts to set minimum fees for its members. The (...)

The Belgian Competition Council bans a price-coordination mechanism in the retail bakery markets (VEBIC)
Liege Competition and Innovation Institute
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Altius (Brussels)
I. Parties VEBIC is a professional association which comprises as its members all the Flemish provincial associations of bakers. Amongst the various activities it carries out on their behalf, VEBIC publishes a magazine entitled “Passie”. II. Facts Until 1 July 2004, the price of breads in (...)

The Belgian Competition Council fines EUR 29,000 a professional association for the publication of a price index (VEBIC)
European Commission - DG COMP (Brussels)
,
European Commission - DG COMP (Brussels)
Introduction On 25 of January 2008, the Belgian Competition Council fined the Flemish Association of Bakeries (hereafter “VEBIC”) € 29,000 for the publication of a bread price index and a cost scheme in violation to article 2 paragraph 1 of the new WBEM . The Competition Council argues that by (...)

The Belgian Competition Council issues first fine under the 2006 Competition Act for recommended prices (VEBIC)
Sheppard Mullin (Brussels)
,
Hogan Lovells (Amsterdam)
The Belgian Competition Council has fined Vebic Euro 29,121 for an infringement of Article 2 of the Belgian Competition Act, the Belgian equivalent of Article 81 EC. The association (whose members are producers and retailers of bakery products) was condemned by the Competition Council for (...)

The German Federal Cartel Office imposes a fine on associations of pharmacists and pharmaceutical manufacturers for organising and accomplishing a lecture series intended to convince pharmacists to refrain from price competition (Arzneimittelhersteller)
Gleiss Lutz (Munich)
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Milbank, Tweed, Hadley & McCloy (Munich)
On 21 December 2007, the German Federal Cartel Office (FCO) imposed a fine on nine state associations of pharmacists, five pharmaceutical companies and the Federal Association of Pharmaceutical Manufacturers for organising and accomplishing a lecture series intended to convince pharmacists to (...)

The German Federal Cartel Office imposes fine on association of pharmaceutical companies for participating in price fixing among pharmacists (OTC pharmaceuticals)
Eberhard Karls University
I. The facts of the case The decision of the Federal Cartel Office (FCO) deals with the pharmaceutical sector in Germany. In 2004 the German market for non-prescription pharmaceuticals was further liberalized. According to the new pharmaceutical law the prices for non-prescription (...)

The Belgian Competition Council clears a local opening hours scheme for pharmacists (F.N.H. / Ordre des pharmaciens - GLEP 30)
Liège University - IEJE
,
Liège University - IEJE
I. Parties This case arose from a complaint lodged by a retail pharmacy outlet (“the applicant”) before the Belgian Competition Council (“the Council”) Initially, the complaint targeted the Belgian Pharmacists Association (“BPA”), but the Council subsequently decided on its own motion to extend the (...)

The Hungarian NCA condemns the internal codes of the Chamber of architects and inflicts a € 20.000 fine (Magyar Építész Kamara)
King’s College (London)
On 11 December 2007, the Gazdasági Versenyhivatal, (GVH, competition authority of Hungary) adopted an infringement decision establishing that several provisions of the Code of Ethics and Discipline, the Code of Tariffs and the draft Code of Competition of Magyar Építész Kamara (MÉK, Hungarian (...)

The Belgian Competition Council assesses the validity of opening days/hours and advertising provisions for pharmacy outlets as set by the pharmacists professional associations (Belgian Pharmacists Associations)
Liège University - IEJE
,
Liege Competition and Innovation Institute
1. Parties The present case arose from three complaints lodged in 1998 by several retail pharmacy outlets before the Belgian Competition Council (“the Council”). The complaints were directed against the Belgian Pharmacists Association as well as various local pharmacists association (...)

The European Commission concludes that the French national interbank network association infringed Article 81 of the Treaty (Groupement des Cartes Bancaires)
European Commission - DG COMP (Brussels)
,
European Commission - DG COMP (Brussels)
"Decision against the Groupement des Cartes Bancaires (CB)"* I. Overview In its decision of 17 October 2007, the Commission concluded that the Groupement des Cartes Bancaires (CB) had infringed Article 81 of the Treaty. The Groupement des Cartes Bancaires (CB) (‘the Groupement‘) manages the (...)

A Danish Court imposes fines on an association of inns and hotels, its director and its board chairman for imposing minimum prices on its members (Danske Kroer & Hoteller)
Danish Competition and Consumer Authority (Copenhagen)
On 4 October 2007 the Danish District Court of Horsens found that an association of Danish inns and hotels, Danske Kroer & Hoteller, had decided to restrict competition by imposing minimum prices on its members through its bylaws. The court imposed a fine of DKK 400,000 (EUR 54,000) on DKH. (...)

The European Commission fines two card network operators for not admitting a bank as a member (Visa International, Visa Europe, Morgan Stanley)
European Commission - DG COMP (Brussels)
,
European Commission - DG COMP (Brussels)
"Commission fines Visa International and Visa Europe for not admitting Morgan Stanley Bank as a member"* I. Overview On 3 October 2007 the Commission fined Visa International and Visa Europe (‘Visa‘) €10.2 million for refusing to admit Morgan Stanley Bank (a UK bank) as a member of Visa Europe (...)

The Italian Competition Authority finds that the circular of the Italian Bank Association, interpreting rules on unilateral unfavourable changes of banking contractual conditions, violates Art. 81 EC (Associazione Bancaria Italiana)
Ashurst
,
Legance - Studio Legale Associato
,
Banca d’Italia (Italian Central Bank)
Background ABI is a non-profit association to which nearly all Italian banks belong. In August 2006, the Italian Banking Law (Legislative Decree n° 385/1993) was amended by Law n° 248/2006. Art. 10 of Law n° 248/2006, which lays down provisions that banks have to respect when changing (...)

The Italian Competition Authority finds that the circular of a bank association, interpreting rules on unilateral unfavourable changes of banking contractual conditions, violates Art. 81 EC (Associazione Bancaria Italiana)
Ashurst
,
Legance - Studio Legale Associato
,
Banca d’Italia (Italian Central Bank)
Background ABI is a non-profit association to which nearly all Italian banks belong. In August 2006, the Italian Banking Law (Legislative Decree n° 385/1993) was amended by Law n° 248/2006. Art. 10 of Law n° 248/2006, which lays down provisions that banks have to respect when changing (...)

A Portuguese Court upholds Competition Authority decision that imposed a fine to an association for price fixing, but reduces the amount of the fine by considering the association turnover as relevant in place of the associates’ turnover (Veterinarian Medical Association)
European Court of Justice (Luxembourg)
On 5 July 2007, the Lisbon Court of Appeals upheld the Lisbon Court of Comerce ruling which confirmed the Competition Authority (“PCA”) decision imposing a fine of € 75,935.00 (seventy-five thousand nine hundred and thirty-five euros) on the Veterinarian Medical Association (“VMA”) for price (...)

The Lithuanian Competition Authority fines a professional association for recommanding minimum fees to its members (Chamber of Auditors)
Lithuanian Competition Council
On 21 June 2007 the Lithuanian Competition Council concluded its long-running investigation in the Chamber of Auditors case with the infringement decision establishing a fine of LTL 30,000 (approx. EUR 8,689) on the Lithuanian Chamber of Auditors (LCA) for the latter’s recommendations of (...)

The Irish Competition Authority settles price-fixing proceedings in the health insurance sector (Irish Medical Organisation - IMO)
London School of Economics
Background The facts of this action have been set out in detail in a previuous e-Competitions Bulletin. Therefore, they will only be briefly called in this contribution. The Irish Medical Organisation (‘IMO’) is an association of undertakings that represents some 2,000 General Practitioners in (...)

The Hungarian Competition Office finds certain marketing and advertising restrictions on pharmacists contrary to both Art. 81 EC and its Hungarian equivalent (Association of Hungarian Pharmacists)
Oppenheim
,
Oppenheim - Budapest
The Hungarian Competition Office (HCO) initiated proceedings against the Association of Hungarian Pharmacists (AHP) in order to verify whether certain rules of the AHP regulating advertising and marketing by pharmacists infringe Article 81 of the EC Treaty and Article 11 of the Hungarian (...)

The Italian Competition Authority imposes a fine under Art. 81 EC on an association specialised in collecting data on the circulation of the press for unjustified exclusion of the free press (A.D.S. Accertamenti Diffusione Stampa - Audipress)
Linklaters (Milan)
Italian Competition Authority (Autorità garante della concorrenza e del mercato), 17 May 2007, Case I651 - A.D.S. Accertamenti Diffusione Stampa-Audipress, Provvedimento n° 16808 ; Bollettino n° 19, 28 May 2007 On 28 September 2005, the Italian Antitrust Authority (IAA) opened investigations (...)

The French Competition Authority sanctions several professional associations for having implemented anticompetitive practices on the cereal collection sector (Coopérative drômoise de céréales)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Sector for cereal collection: The Conseil de la concurrence penalizes 3 farming organisations for having distributed a price table for corn drying and 4 collecting cooperatives for having restricted (...)

The Lisbon Court of Appeal upholds case against shipping agents association for price-fixing (AGEPOR)
University of Lisbon
,
Abreu Advogados
On 28 July 2006 the Lisbon Commerce Court upheld in substance a decision by the Portuguese Competition Authority (PCA) fining AGEPOR (Portuguese shipping agents association) € 195.000 for entering into price-fixing concerted practices but reduced the fine to € 130.000. Unhappy with the ruling, (...)

The Irish Supreme Court refers a preliminary question to the ECJ on the validity of the rationalisation programme of a crisis cartel (Beef Industry Development Society - BIDS)
London School of Economics
Background to the dispute All key players in the Irish Beef Industry benefited from support in the form of intervention pricing, private storage aid and export refunds under the Common Agricultural Policy (CAP) following Ireland’s accession to the then EEC. Following the structural reform of (...)

The German federal Court of justice recalls that norm and type agreements must be open to all potential members on a non-discriminatory basis (PETCYCLE)
European Commission - DG COMP (Brussels)
Federal Court of Justice (Bundesgerichtshof), 6 March 2007, Case n° KZR 6/06, PETCYCLE Germany introduced a legal requirement for drink manufacturers to collect and recycle the bottles which they sold. The distributors are obliged to collect used bottles from the end users and return a deposit. (...)

The Italian Competition Authority closes investigations in the market of veterinary services for alleged breach of Art. 81 EC by accepting commitments relating to minimum fares and health advertising (Ordine dei medici veterinari di Torino)
Linklaters (Milan)
Italian Competition Authority (Autorità Garante della Concorrenza e del Mercato “AGCM”), 21 February 2007, Case 1668, Ordine dei medici veterinari di Torino, Provvedimento n°16500, Chiusura istruttoria ; Bollettino n° 8/2007, 12 March 2007 On 24 May 2006, the Autorità Garante della Concorrenza e (...)

The Italian antitrust authority closes its investigation for alleged violation of Art. 81 EC in the press advertising market by accepting strict commitments (Accertamenti Diffusione Stampa e Audipress)
Studio Legale DDPV
The Italian Parliament recently enacted several law provisions which modify the investigation proceedings of the Italian antitrust Authority (“Authority”). In Particular, the so called Bersani Decree allows the Authority to use legal tools (already adopted by the EC Commission after the enactment (...)

The Polish Competition Court confirms the NCA’s decision finding that an "English clause" in an agreement between a pay-TV operator and a football association restricted competition (Polish Football Association/Canal+)
Hogan Lovells (Warsaw)
The Polish Competition Court confirms the NCA’s decision finding that an "English clause" in an agreement between a pay-TV operator and a football association restricted competition, but halves a 440 000 PLN (110 000 EUR ) fine on the football association by upholding a 7.37 million PLN (1.84 (...)

An Irish criminal court finds guilty a businessman involved in illegal prices fixing (Manning)
Arendt & Medernach (Luxembourg)
,
Arendt & Medernach (Luxembourg)
Irish Central Criminal Court, February 9th, 2007, Director of Public Prosecutions v. Denis Manning, not published Under Irish competition law certain offences (in essence infringements analogous to infringements of Articles 81 and 82 EC) attract criminal sanctions. Last February saw the (...)

The Lisbon Commerce Court confirms a Portuguese Competition Authority decision as regards the release of a minimum and maximum fees’ table by the Portuguese Medical Association (Ordem dos Médicos)
University of Lisbon
,
Abreu Advogados
On 26 May 2006 the Portuguese Competition Authority (PCA) fined the Portuguese Medical Association (Ordem dos Médicos) € 250.000 for imposing on its members minimum and maximum fees to be charged to their patients. The Association appealed against the decision to the Lisbon Commerce Court. The (...)

The Hungarian Competition Office fines a cartel in the agricultural sector in spite of intensive involvement of the State (Egg Cartel)
Oppenheim
,
Oppenheim - Budapest
The HCO initiated proceedings against the Hungarian Association of Egg Producers (HAEP) and some of its members in 2005 in order to verify whether the HAEP and its members breached the cartel prohibition contained in Article 11 of the Hungarian Competition Act (HCA) and Article 81 of the EC (...)

The Slovenian Competition Authority declares null and void a decision of a bank association since it restricts competition on market for purchases payable by credit installments at the point of sale (Bank Association of Slovenia)
Fatur
This case started in May 2005, when the Slovenian Competition Authority on the basis of its statutory duty started the proceedings on finding whether the decision of the Bank Association of Slovenia (“BAS”) on introduction of new joint banking product - BankKredit, represents restrictive (...)

The French Competition Authority accepts the commitments made to address competition concerns regarding the access of local radios to national advertisement (GIE Les Indépendants)
French Competition Authority (Paris)
Access of local radios to national advertisement: The Conseil de la concurrence accepts the commitments of GIE Les Indépendants.* In its decision dated October 6th 2006, the Conseil de la concurrence has accepted the commitments proposed by the GIE (economic interest group) Les indépendants, (...)

The Spanish Supreme Court confirms a judgment annulling a fine imposed by the Competition Authority upon the professional lawyers’ association for adopting an advertising regulation contrary to Spanish competition rules (CGAE)
On 20 September 2006, the Spanish Supreme Court confirmed a judgment annulling a €180,360 fine imposed by the Spanish Competition Authority (Tribunal de Defensa de la Competencia, TDC)upon the professional lawyers’ association (Consejo General de la Abogacía Española, CGAE). The TDC had ruled that (...)

The Italian Antitrust Authority imposes the Italian Banks Association to withdraw its interpretative circular relating to the new provisions on the unilateral changes of banking contractual conditions (ABI)
Studio Legale DDPV
,
Luciani Annalisa Sudio Legale
On 14 September 2006, the Italian Antitrust Authority (the “Authority”) started an in depth investigation (the “Decision”) to ascertain whether the circular, distributed by the Italian Banks Association (“ABI”) on 7 August 2006, and dealing with the application of new rules on unilateral changes to (...)

The Lisbon Commerce Court confirms decision against shipping agents association for price-fixing but reduces the amount of fines (AGEPOR)
University of Lisbon
,
Abreu Advogados
In January 2006 the Portuguese Competition Authority (PCA) fined AGEPOR, a Portuguese shipping agents association, € 195.000 for price fixing. AGEPOR appealed against the decision to the Lisbon Commerce Court. AGEPOR grounded its appeal both on procedural and substantive arguments. First, the (...)

The Spanish Competition Court fines an association of travel agencies and the major national airlines for collusive agreements aimed at fixing the fees charged for the emission of airplane tickets (Agencias de viaje)
Hogan Lovells (Madrid)
In January 2004, the Spanish press released details regarding a series of agreements between the Spanish travel agencies, represented by the Cúpula Asociativa de Agencias de Viaje Españolas (hereinafter,"CAAVE"), and the three major Spanish airlines, - Iberia, Spanair and Air Europa (hereinafter, (...)

A Dutch Court annuls a decision of the Competition Authority which imposed fines on three associations of psychologists and psychotherapists for issuing price guidelines (NIP - LVE - NVVP)
European Commission - DG HR
,
Dutch Ministry of Security and Justice
NIP, LVE and NVVP are three associations of psychologists and psychotherapists. At least 33% of independent psychologists established in The Netherlands are members of NIP. Psychologists can only adhere to LVE if they are members of NIP. 60% of independent psychotherapists established in The (...)

The Irish Competition Authority begins High Court proceedings against the Irish Medical Organisation (IMO)
Baker Botts (Brussels)
,
Katz & Phillips
Introduction On 3 July 2006, the Irish Competition Authority announced that it had initiated proceedings against the Irish Medical Organisation (IMO) in relation to the IMO’s role in a dispute concerning fees paid by life insurance companies to General Practitioners (GPs) in Ireland. The (...)

The Hungarian Competition Office finds certain advertising restrictions on lawyers contrary to Art. 81 EC and its national equivalent (Hungarian Bar Association)
Oppenheim
,
Oppenheim - Budapest
The Hungarian Competition Office (HCO) initiated proceedings against the Hungarian Bar Association (HBA) in order to verify whether certain rules of the HBA regulating advertising by attorneys as well as the content of webpages of attorneys infringe Article 81 of the EC Treaty and Article 11 of (...)

The Polish NCA fines the national football association and a TV operator for an abusive preferential renewal clause in a broadcasting licence agreement (Canal+/Polish Football Association)
French National Research Agency (ANR)
President’s of the Office of Competition and Consumer Protection (Prezydent Urzedu Ochrony Konkurencji i Konsumentów), 29 May 2006, Decision n° DOK-49/06, concerning a preferential renewal clause contained in the licence agreement for broadcasting of football league matches concluded between (...)

The Spanish Tribunal de Defensa de la Competencia fines the main food retailers € 75,000 for imposing uniform trading conditions on their suppliers of alcoholic beverages (FIAB)
London School of Economics
The Federación Española de Industrias de la Alimentación y Bebidas (hereinafter, “FIAB”) is an association of Spanish food and drinks producers. On 2 December 2002 FIAB brought a complaint before the Servicio de Defensa de la Competencia (“SDC”) against the four main Spanish food retailers for breach (...)

A Czech Court confirms that a regulation of a professional chamber which contains recommended minimal prices amounts to a prohibited decision by an association of undertakings, despite the fact that such regulations are expressly provided for by national legislation (CKAIT - Chartered Engineers)
Government of the Czech Republic
,
European Court of Justice (Luxembourg)
The Regional Court in Brno has rejected the appeal against the decision of the Office for the Protection of Competition (the “Office”) in which the latter stated that a regulation on services and fees, adopted and published by the Czech Chamber of Chartered Engineers and Technicians of the (...)

The Spanish NCA fines the main association of film distributors € 900,000 for exchange of sensitive information - Hollywood majors’ subsidiaries in Spain are moreover fined € 2,400,000 for concerted practices in the distribution of films (Distribuidores Cine-FEECE)
London School of Economics
The Federación de Empresarios de Cine de España (hereinafter, “FEECE”) is an association of Spanish film exhibitors. In 2003, the FEECE brought a complaint before the Servicio de Defensa de la Competencia (“SD”) against the Spanish subsidiaries of Hollywood majors’ film distributors for (...)

The Czech Office for the Protection of Competition confirms the sanctions imposed on the Czech Chamber of Pharmacists for anticompetitive rules (Ceská lékárnická komora)
Government of the Czech Republic
,
European Court of Justice (Luxembourg)
On 14 April 2006, the President of the Office for the Protection of Competition confirmed a first-instance decision by which the Office had imposed a fine of CZK 300,000 (EUR 10,500 approx.) on the Czech Chamber of Pharmacists (Ceská lékárnická komora) for the adoption of several anticompetitive (...)

The Hungarian NCA holds that the professional rules of book publishers and retailers association restrict competition (Association of Book Publishers and Book Retailers-MKKE)
bpv Jadi Nemeth Attorneys
The Competition Council of the Hungarian Competition Authority (Gazdasági Versenyhivatal - GVH) established in its decision, issued on 11 April 2006, that certain provisions of “The rules concerning competition of Hungarian publishing and bookselling” of the Hungarian Association of Book (...)

The French Council of State holds that the auditors code of Ethics does not impose or support the conclusion of agreements contrary to Art. 81 EC (KPMG)
European Court of Justice (Luxembourg)
Four big multi-fields networks, usually called the “big four” (KPMG, Ernst & Young Audit, Deloitte and Pricewaterhousecoopers Audit) and another accounting firm (the Grant Thornton company), submitted to the Council of State’s High Assembly, the question of the lawfulness of a decree of (...)

The French NCA fines nearly 80 companies and trade associations for horizontal and vertical agreements in the sector of heating, sanitation, plumbing and air-conditioning products and clarifies the standard of proof applicable to anticompetitive meetings (Agreement in the sector of heating, sanitary, plumbing and air-conditioning products)
Dechert (Paris)
,
Herbert Smith Freehills (Paris)
In a decision of 9 March 2006, the French Competition Council (the "Council") fined nearly 80 companies and trade associations for unlawful practices implemented between 1993 and 1998 in the sector of heating, sanitation, plumbing and air-conditioning products. These practices included (i) (...)

The Bulgarian Supreme Administrative Court endorses a minimum premium tariff for green card insurance as pro-competitive (Vitosha)
Kinstellar (Sofia)
In a case concerning alleged price fixing, the Bulgarian Supreme Administrative Court (the “SAC”) ruled out anti-competitive objectives and effects of a minimum premium tariff for Green Card insurance and held that eight insurance companies had not breached the domestic antitrust rules by (...)

The Belgian Supreme Court held that obligatory opening and closing hours for pharmacists violate the Competition Act (L. A./Council of the Order of Pharmacists)
eHealth-platform
Background information I In Belgium, the function of pharmacist is a legally protected and regulated profession. To ensure the regular and normal administration of healthcare, i.e. the distribution of drugs, pharmacists are legally compelled to take part of an on-call service. This service (...)

The Slovenian Competition Authority acts for the first time in its capacity of sanctioning body while holding that provisions of a professional association restrict competition on the regulated book market (Piano)
Fatur
This case started in February 2005, when a small independent book publisher Piano complained to the Slovenian Competition Authority that General conditions of operation of Slovenian book market, especially the provisions on uniform price and maximum discount, represents restrictive agreement (...)

The Slovenian Competition Authority declares null and void certain decisions of association of natural health spas decided together with the State having found them anticompetitive (ASNHS)
Fatur
Zdravilisce Lasko (hereinafter, “Lasko”), a company, whose main business activity is tourism and health spa services, lodged on 23 September 2005 a complaint before the Slovenian Competition Authority against the Skupnost slovenskih naravnih zdravilisc(“the ASNHS”), a business association of 13 (...)

A Portuguese Court substantially upholds the competition authority’s decision finding the association of veterinaries liable for imposing minimum fees (Portuguese Veterinary Medical Association)
Uria Menéndez (Lisbon)
An appeal was lodged by the Portuguese Professional Association of Veterinaries (“VMA”) after the Portuguese Competition Authority’s (the “PCA”) decision that found the VMA’s code of ethics to be in breach of Article 4(1) of Law 18/2003 of 11 June (the “Portuguese Competition Act”) and of Article (...)

The Portuguese NCA fines € 195.000 an association gathering local shipping agents for breach of Art. 81 EC and its equivalent national provisions (AGEPOR)
London School of Economics
In a brief decision, the Portuguese Autoridade da Concorrência imposes a € 195.000 fine to the local association gathering shipping agents (Associação dos Agentes de Navegação de Portugal, hereinafter “AGEPOR”) for breach of Article 81 EC. As was the case in previous decisions already commented in the (...)

The Slovak Antimonopoly Office holds that several provisions of the lawyers’ rules of professional conduct breach both Slovak and EU competition provisions (Slovak Bar Association)
Gide Loyrette Nouel (Prague)
,
PRK Partners (Prague)
In this contribution we provide a summary of the decision issued on 22 December 2005 by the Slovak Anti-monopoly Office (“Office”) whereby the Office held that several provisions of the Rules of professional conduct for Attorneys (“Rules”) issued by the Slovak Bar Association breached Slovak and EU (...)

The Belgian Competition Council rejects a complaint on alleged discriminatory licensing practices from the national football union (URBSFA)
Smartflats
,
Liège University - IEJE
The Parties SA Tilleur-Liège is a company which main activity was the management of a football team (Tilleur-Liège). It went in bankruptcy in 2004. The URBSFA (Union Royale Belge des Sociétés Football Association) is responsible for the organization of football events in Belgium. It holds (...)

The French Competition Authority sanctions six building and civil engineering companies for having entered into a complex and continuous agreement during the awarding of public roadworks contracts (Roadworks in the Seine-Maritime département)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Roadworks in the Seine-Maritime département: The Conseil de la concurrence imposes fines totalling 33.6 million Euros on six building and civil engineering companies specializing in the supply of bituminous (...)

The Polish NCA restates that professional bodies must comply with competition law provisions notwithstanding the existence of potential alternative legal basis (Poznan Chemists’ Chamber)
French National Research Agency (ANR)
The decision at hand, rendered on December 15, 2005 recalls previous decisions issued by the President of the Office of Competition and Consumer Protection (hereafter “OCCP President”) (See J. Faruga and V. Metonidze, The Polish Competition Court upholds the decision of the competition authority (...)

The Italian National Competition Authority fines the Italian Football Association for the price-fixing of tickets for the so-called “play-off” and “play-out” games (Lega Calcio - Prezzi Biglietti Play-Off)
London School of Economics
The Lega Nazionale Professionisti (the Italian Football Association, hereinafter, “the Lega”) gathers together Italian football clubs registered to play in the First and Second Division championships (called Serie A and Serie B), as well as other minor championships involving the same teams. 22 (...)

A Dutch Court states that a discount on sale prices agreed between retailers and suppliers associations does not constitute resale price fixing with reference to EC law (Modint)
European Commission - DG HR
,
Dutch Ministry of Security and Justice
Modint was an association of textile undertakings active in the promotion of its members’ commercial interests, especially those relating to commercial transactions. Modint Credit & Finance B.V. (hereafter “MCF” ) was a company providing commercial related services to Modint. Modint members (...)

A Dutch Court considers that the statutes of a farmer association containing an exclusive supply obligation do not breach Art. 81.1 EC (VTN)
European Commission - DG HR
,
Dutch Ministry of Security and Justice
The plaintiffs were members of the Coöperatie Voedingstuinbouw Nederland (VTN), a cooperative association of farmers in Holland. Pursuant to an exclusive supply obligation contained in VTN’s statutes, VTN’s members were compelled to sell their production of vegetables exclusively to the (...)

The French Competition Authority fines a price-fixing cartel in the essential lavender oils sector under Art. 81.1 EC (CIHEF)
White & Case (Paris)
,
French Competition Authority (Paris)
In a recent decision, dated 12 October 2005 (Decision n° 05-D-55), the French Competition Council sanctioned the Comité Interprofessionnel des huiles essentielles françaises (“CIHEF”), a trade association composed of both producers and buyers of essential oils, for fixing minimum wholesale prices (...)

The Portuguese Competition Authority issues a notice giving detailed reasons for the general prohibition of price-fixing agreements addressed in particular to professional associations
London School of Economics
In its most recent decisions (see “The Portuguese Competition Authority finds that the deontological code of the professional association of veterinaries infringes Art. 81 EC by imposing minimum fees for the supply of professional services”, e-Competitions, july 2005, Article n° 144 ; “The (...)

The Greek NCA fines several professional associations for having imposed minimum fees for the rendering of dental services (Hellenic Dental Association)
Hellenic Institute of International and Foreign Law (HIIFL)
The case concerned the fixing of compulsory tariffs of minimum fees of their members by seven regional dental societies, namely the Dental Societies of Attica, Piraeus, Achaia, Heraclion, Serres, Magnesia, and Thessalonica. This practice was assisted and guided by the Hellenic Dental (...)

The Portuguese Competition Authority finds that the deontological code of the professional association of veterinaries infringes Art. 81 EC by imposing minimum fees (Sindicato Nacional dos Médicos Veterinários)
London School of Economics
Following a complaint, the Autoridade da Concorrência (hereinafter, “the NCA”) started an investigation concerning the fixation of minimum prices by the Professional Association of Veterinaries (“the Association”). According to Article 43 of the Deontologial Code (“the Code”) issued by this (...)

The French Competition Authority sanctions 11 building and civil engineering companies for having entered into an anticompetitive agreement (Public works in the Meuse département)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Public works in the Meuse département: The Conseil de la concurrence finds 11 building and civil engineering companies guilty of entering into an anticompetitive agreement and imposes fines totalling 7 million (...)

The Irish Competition Authority agrees a settlement with a medical professional association in High Court proceedings on possible violation of Art. 81 EC (VHI DeCare/Irish Dental Association)
London School of Economics
Irish National Competition Authority, 28 April 2005, Irish Dental Association (Press relase) On April 28, 2005 the Irish High Court action initiated by the National Competition Authority (henceforth “NCA”) against the Irish Dental Association (hereinafter “IDA”) was settled. The NCA alleged that (...)

An Italian Court states that the information exchange organised among insurance companies has no effect on competition (San Paolo IMI Wealth Management)
Studio Legale DDPV
The Italian national jurisdiction (Tribunale Amministrativo Regionale del Lazio - the “TAR”) annuled a decision of the Italian national competition authority (the “Authority”) concerning an alleged infringement of art 2 of Italian Antitrust Law (a provision similar to art 81 EC). In June 2003, two (...)

The Hellenic Competition Commission fines the Trade Association of Greek Super Markets and seven super market chains for breach of Art. 81.1 EC due to a decision of an association of undertakings (SESME)
Hellenic Institute of International and Foreign Law (HIIFL)
Hellenic Competition Commission (Elliniki Epitropi Antagonismou), 1st April 2005, Decision 277/IV/2005, SESME Hellenic Competition Commission (Elliniki Epitropi Antagonismou), 5 July 2005, Decision 284/IV/2005, SESME In October 2001, the Trade Association of Greek Super Markets (Syndesmos (...)

The Spanish Supreme Court annuls a decision of the national competition authorities because the investigated practices did not have an anticompetitive effect or purpose (Expertos Inmobiliarios)
Herbert Smith Freehills (Madrid)
The judgment of the Spanish Supreme Court (Tribunal Supremo) dated 9 March 2005 reviewed the decision of the Court for the Defence of Competition (“CDC”) of 19 November 1998, which had been appealed by the Spanish Association of Real Estate Agents (Consejo General de los Colegios Oficiales de (...)

The Competition Council of the Hungarian Competition Authority fines the Council for wild animals products and services for price fixing (CWAPS)
Université Catholique de Louvain
Hungarian Competition Authority, Council for Wild Animals Products and Services, 1 March 2005 (not yet published) On 1 March 2005, the Competition Council of the Hungarian Competition Authority fined the Council for Wild Animals Products and Services (hereafter “CWAPS”) for price fixing. The (...)

The Polish competition authority condemns a professional order for minimal price fixing of vet services (Lublin Chamber of Vet Medicine)
French National Research Agency (ANR)
,
Orrick, Herrington & Sutcliffe (Washington)
In 2004, the Lublin branch office of the Office for Competition and Consumer Protection (hereafter “OCCP”) opened an antimonopoly investigation concerning the practices of the Chamber of Vet Medicine of Lublin (hereafter, “the Chamber”). Chambers are professional bodies in which membership is (...)

The Swedish Supreme Court declares that a concerted practice cannot be subject to nullity under section 7 of the [former] Swedish Competition Act (Boliden Mineral Aktiebolag/AB Fortum Värme samägt med Stockholms stad)
Vinge (Stockholm)
,
Svea hovrätt (Swedish courts)
Background In December 1992, Boliden Mineral Aktiebolag (“Boliden”) concluded an agreement with Korsnäs Aktiebolag (“Korsnäs”), in which Boliden undertook to purchase its entire requirement of electricity for a mining facility. A standard form agreement was attached to the aforementioned agreement. (...)

The Spanish Supreme Court rejects the appeal brought by two undertakings active in the distribution of oil products and considers the case-law of the ECJ as being a non-binding “reference” of “great value” (L’Andana)
London School of Economics
On 25 March 1996, the Juzgado de Primera Instancia de Valencia dismissed an action brought by L’Andana, S.A. and Estación de Servicion L’Andana, S.L. (both referred to hereinafter as “L’Andana”) against Repsol Comercial de Productos Petrolíferos, S.A. (“Repsol”). The claimants contended that the series (...)

The Polish Competition Court upholds the decision of the Competition Authority declaring a professional order liable for concluding an anticompetitive agreement (Warsaw National Notarial Chamber)
French National Research Agency (ANR)
,
Orrick, Herrington & Sutcliffe (Washington)
Competition and Consumer Protection Court (Sad Ochrony Konkurenji i Konsumentów), December 22nd, 2004, Case concerning the National Notarial Chamber’s in Warsaw anticompetitive agreement (sygn. akt XVII Ama 5O/04), not yet published Sad Ochrony Konkurencji i Konsumentów, wyrok z 22/12/2004 w (...)

La "High Court" irlandaise condamne pour entente et abus de position dominante, sur le double fondement des dispositions internes et communautaires de concurrence, le fonds de garantie mis en place par l’association irlandaise des coopératives de crédit et d’épargne (John O’Regan, ILCU)
London School of Economics
L’ILCU, créée en 1960, est une association qui représente les intérêts des Credits Unions (coopératives de crédit et d’épargne) dans la République d’Irlande et en Irlande du Nord. En 1989, elle a mis sur pied un fonds de garantie (ci-après, “SPS”) au profit de ses membres. Le règlement de l’ILCU précise (...)

The European Commission fines companies for colluding on raw tobacco prices in Spain (Compañía española de tabaco en rama, Agroexpansion, World Wide Tobacco España, Tabacos españoles, Deltafina)
EU Delegation to the Republic of South Africa
,
European Commission - DG COMP (Brussels)
,
European Commission - Joint Research Center
"Commission fines companies for colluding on raw tobacco prices in Spain"* On 20th October 2004, the European Commission adopted a prohibition decision imposing a total fine of € 20 million to five companies active in the raw tobacco processing market for colluding on the prices paid to and the (...)

The European Commission condemns the recommended minimum fee scale operated by the Belgian architects’ association
Delegation of the European Union to Thailand
"Liberal professions and recommended prices: the Belgian architects case"* In the context of the Commission’s endeavours to eliminate restrictive and unjustified rules in the liberal professions sector, it took a decision on 24 June 2004, condemning the recommended minimum fee scale operated by (...)

The Spanish National Court significantly reduces the fine imposed on a local association of driving schools for issuing a collective recommendation on prices (Autoescuelas Alcalá)
Martinez Lage, Allendesalazar & Brokelmann (Madrid)
The decision of the competition authority On 9 March 2000, the Tribunal de Defensa de la Competencia (TDC) -the second-tier competition authority that existed in Spain under Act 16/1989 and that has been replaced since September 1st 2007 by a single body, the National Competition Commission- (...)

The European Commission fines participants in concrete reinforcing bars cartel
European Commission - DG COMP (Brussels)
"Commission fines participants in concrete reinforcing bars cartel"* On 17 December 2002 the Commission imposed fines totalling more than € 85 million on eight Italian firms for having organised, between 1989 and 2000, a cartel on the market in concrete reinforcing bars, a product used in the (...)

The UK OFT finds that amended rules imposed by the General Insurance Standards Council on its members are not anti-competitive (General Insurance Standards Council)
Baker McKenzie (London)
On 13 November 2002, the Office of Fair Trading (« OFT ») (at the time, the Director General of Fair Trading) found that the rules of the General Insurance Standards Council (« GISC »), intended to improve standards in the insurance sector, were not anti-competitive. This decision followed the (...)

The UK OFT clears the standard licensing conditions of an association following amendments (Association of Film Distributors)
Orrick, Herrington & Sutcliffe (London)
I. Introduction On 1 February 2002, the UK Office of Fair Trading (“OFT”) published its decision on the amended standard conditions for licensing the commercial exhibition of films (the “Amended Conditions”) notified by the Film Distributors’ Association Ltd (“FDA”) . Following recommendations from (...)

The UK competition commission Appeal Tribunal decides, contrary to the Director General of Fair Trading, that a council monitoring the sale of insurance infringed the Chapter I prohibition of the Competition Act 1998 by prohibiting the its members from dealing with any intermediary who is not a member or the agent or sub-agent of such a member (The Institute of Independent Insurance Brokers)
UK Competition and Markets Authority (CMA) (London)
A. Introduction On 17 September 2001 the United Kingdom Competition Commission Appeal Tribunal ("the CCAT") made an important ruling by deciding, contrary to the Director General of Fair Trading, that the General Insurance Standards Council’s ("the GISC") rules infringed the Chapter I (...)

The European Commission defines principles of competition for the packaging waste recovery markets (Eco-Emballages)
European Commission - Secretariat General
,
European Commission - DG COMP (Brussels)
,
European Commission - DG JUST
"The Commission defines principles of competition for the packaging waste recovery markets"* I. Context The Commission has received notifications of a number of comprehensive, nation-wide packaging waste recovery systems. It has recently taken decisions with respect to two of them, namely the (...)

The Italian Antitrust Authority declares the incompatibility with EC competition law of a national regulation requiring or facilitating the market sharing within a consortium of manufacturers of matches (Consorzio Industrie Fiammiferi)
Ashurst
,
Legance - Studio Legale Associato
,
Legance - Studio Legale Associato
Background With decision n. 8491 of 13 July 2000, the Autorità Garante della Concorrenza e del Mercato (Italian Competition Authority, hereinafter “Authority”) found the existence of a market sharing arrangement carried out within the Consorzio Industrie Fiammiferi (the consortium of the Italian (...)

The European Commission fines a Dutch association of electro technical equipment wholesalers and its biggest member (FEG, TU)
European Commission - DG COMP (Brussels)
"The Commission fines FEG, the Dutch association of electrotechnical equipment wholesalers and its biggest member TU"* On 26 October 1999, the Commission adopted a Decision by which fines have been imposed on the Dutch association of electrotechnical equipment wholesalers (FEG) and its biggest (...)

The European Court of First Instance confirms the Commission’s decision to refuse to grant an exemption under article 85(3) EC Treaty in a price fixing case between Dutch building contractors (Vereniging van Samenwerkende Prijsregelende Organisaties in de Bouwnijverheid)
European Commission - DG COMP (Brussels)
,
European Commission - DG COMP (Brussels)
"Judgment Of The Court Of First Instance (First Chamber), 21 February 1995 Building And Construction Industry In The Netherlands, T-29/92"* This case concerns an appeal by the Vereniging van Samenwerkende Prijsregelende Organisaties in de Bouwnijverheid (hereafter «SPO«) and 28 other Dutch (...)

The Italian Competition Authority opens proceedings in the market of football audiovisual rights for alleged violation of Art. 81 and/or 82 EC (Lega Calcio / Chievo Verona)
National University of Singapore
On April 2008, the Italian Competition Authority (hereinafter, also the “Authority”) launched an investigation in the market of football audiovisual rights in order to find out any possible infringements of article 81 and/or 82 of the EC Treaty. Party under investigation Investigations (...)

The Hungarian Competition Authority fines cement producers for concerting market practices through a cement association and for the abuse of dominant position (Holcim Hungária Rt.)
lakatos, koves and partners
,
lakatos, koves and partners
The Hungarian Competition Office (HCO) launched proceedings against three cement producers : Holcim Hungária Rt. (Holcim), Duna-Dráva Cement Kft. (DDC) and BÉCEM Cement és Mészipari Rt. (BÉCEM) as well as their association : the Hungarian Cement Association (HCA) because of a suspected illegal (...)

Dominance

The Competition Commission of India finds no abuse of dominance by the hockey regulator (Sh. Dhanraj Pillay)
King’s College (London)
Shortly after the BCCI case (In Re BCCI Case No. 61/2010), the Competition Commission of India (CCI) has taken another decision against a national sports federation. In Sh. Dhanraj Pillay and Others v. Hockey India (Case No. 73/2011) the central issue was Hockey India’s (HI) alleged abuse of its (...)

The Canadian Competition Tribunal dismisses abuse of dominance case in the market for residential real estate brokerage services (Toronto Real Estate Board)
Davies Ward Phillips & Vineberg (Toronto)
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Davies Ward Phillips & Vineberg (Toronto)
,
Davies Ward Phillips & Vineberg (Toronto)
Competition Tribunal Dismisses Abuse of Dominance Case Against The Toronto Real Estate Board* On April 15, 2013, the Canadian Competition Tribunal released its decision dismissing the Commissioner of Competition’s application against the Toronto Real Estate Board (“TREB”). The Commissioner had (...)

The Latvian Competition Council fines collective copyright management association for excessive pricing (AKKA/LAA)
European Commission (Brussels)
Latvia: The Competition Council fines collective Copyright Management Association for Excessive Pricing* On 2 April 2013, the Competition Council of Latvia (CC) adopted a decision to fine the collective copyright management association AKKA/LAA for having abused its dominant position by (...)

The French Competition Authority sanctions a professional body and an association for exclusionary practices implemented in the sector of electronic transfer of tax and accounting data (French Association of Chartered Accountants)
Baker Botts (Brussels)
Following a complaint submitted in December 2010, the French Competition Authority (hereinafter the ’FCA’) adopted on 28 February 2013 a decision (hereinafter the ’Decision’) whereby it fined two bodies a total of €1,247,220 for an abuse of a dominant position in the sector of online transmission of (...)

The French Competition Authority renders legally binding some commitments offered to solve competition concerns raised in the distribution of insurance products to golfers (Eurogolf / Fédération Française de Golf)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence makes the commitments proposed by the ’Fédération Française de Golf’ mandatory. Golf players (or licensees) may take out insurance of their choice, which may differ from that offered (...)

The Spanish Competition Authority fines a professional association for fixing abusive fees (EGEDA)
European Commission (Brussels)
Spain: The Comisión de la Competencia (CNC) fines EGEDA for fixing abusive Fees* On 2 March 2012, the CNC Council concluded that the decision of Entidad de Gestión de Derechos de los Productores Audiovisuales (EGEDA) to charge general monthly fees for the public broadcasting of audio-visual (...)

The Belgian Competition Authority annuls decision rejecting complaint against a Belgian brewer (Inbev)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
In a decision of 29 April 2011, the Belgian Competition Council annulled, on appeal, a decision of the College of Competition Prosecutors rejecting a complaint lodged by Freedom, an association of drinks wholesalers, against Belgian brewer Inbev. In its complaint, Freedom alleged that Inbev (...)

The Belgian Constitutional Court finds that the Act on trade practices and consumer protection implementing Directive 2005/29/CE infringes the principle of non-discrimination of the Constitution
UGGC Avocats (Brussels)
,
Buyle Legal (Brussels)
I. Introduction Exactly one year after the adoption of the Belgian Act of 6 April 2010 (MB 12.04.2010) on trade practices and consumer protection, the Belgian Constitutional Court found that it infringes the principle of non-discrimination enshrined in Articles 10 and 11 of the Belgian (...)

The Brazilian Council for Economic Defense (CADE) holds that the exercise of an industrial property right could turn out to be illegitimate and be an antitrust violation (Volkswagen do Brasil Indústria de Veículos Automotivos)
Tauil & Chequer (in cooperation with Mayer Brown)
The author gives thanks to Mr. Bruno Droghetti Magalhães Santos and to Ms. Christine Holland, who gave support in research that was very useful to build this article. I. Background to the dispute The case refers to a Preliminary Investigation introduced by the Secretariat of Economic Law of (...)

The Belgian Competition Prosecutor dismisses a claim from the Union of Belgian French-speaking Booksellers against their main distributors concerning alleged illicit agreement and abuse of dominant position (Interforum)
Philippe & Partners (Brussels)
,
Liège University - IEJE
I. The parties The complaint was launched by the “Belgian Union of French-speaking Booksellers” (hereinafter UBFB), whose task is "to ensure the preservation and advancement of the interests of booksellers; safeguard, foster and promote by all means the dissemination of books; ensure the (...)

The Belgian Competition Prosecutor dismisses a complaint from the Union of Belgian French-speaking Booksellers alleging an abuse of dominance and the existence of a cartel between two book distributors (Dilibel)
Philippe & Partners (Brussels)
,
Griffes Consulting
1. The parties The “Union of Belgian French-speaking Booksellers” (hereinafter “UBFB”) is a non-profit organization which represents and defends the interests of the Belgian French-speaking booksellers. It represents 60% of French-speaking booksellers of Belgium. Dilibel Plc. is a subsidiary of (...)

The Brussels Court of Appeal confirms that the requirement by an association of authors of the signature of its master agreement in order to grant authorisations to duplicate CDs could not be considered as an abuse of dominant position (SPRL 3.14 / SABAM)
Fidal (Lyon)
Introduction In a judgment of 10 September 2009, the Brussels Court of Appeal confirmed a decision of the Commercial Tribunal which ruled that the requirement by an association of authors of the signature of its Master agreement in order to grant authorisations to duplicate CDs could not be (...)

The Portuguese Competition Authority finds companies guilty for abuse of dominant position on wholesale and retail markets for broadband access services (PT Group and ZON Group)
Hamburg Süd (Sao Paulo)
After due investigation, the Portuguese Competition Authority Council held, last September, that there was an abuse of dominant position, on wholesale and retail markets for broadband access services, by the following companies that belong to PT Group and ZON Group: Portugal Telecom SGPS SA (PT (...)

The Italian Antitrust Authority accepts commitments from the official federation operating in the market of sport motoring and closes proceedings without imposing sanctions (Gargano Corse/ACI)
National University of Singapore
On 11 June 2009, the Italian Competition Authority (hereinafter, also the "Authority") closed proceedings in the sport motoring market accepting the commitments presented by the official federation and without imposing fines. Legal Background Investigation had previously started against ACI (...)

The Italian Competition Authority accepts commitments from the federation for the equestrian sport and closes proceedings for alleged infringement of Art. 81 and/or 82 EC without imposing fines (FISE)
National University of Singapore
On 15 May 2008, the Italian Competition Authority (hereinafter, also the “Authority” or “AGCM”) closed investigations in the market concerning the organization of equestrian sports events, without imposing sanctions and accepting the committments presented. Investigation started against FISE (...)

The French Competition Authority sanctions an association of undertakings for having abused of its dominant position by conditioning the access to film distributors to certain areas (GIE Ciné Alpes)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Running of cinemas: The Conseil de la concurrence condemns the GIE Ciné Alpes for having conditioned the access to certain distributors to areas where it had a monopoly to the obtaining of exclusivity or (...)

The Polish Supreme Court confirms that the Authors’ Association falls within the scope of national competition law provisions (ZaiKS)
French National Research Agency (ANR)
The Authors’ Association ZaiKS (hereafter: ZAiKS) is the biggest and the oldest music collecting management organization in Poland and a member of CISAC, i.e. the International Confederation of Societies of Authors and Composers. While at the EC level the EC Commission has condemned the use of (...)

The Luxembourg Competition Council finds not abusive the refusal by a professional association in the field of car expertise services to accept a member and considers that trade between member States is not affected (OEIPA/Schmitt)
Arendt & Medernach (Luxembourg)
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NautaDutilh (Luxembourg)
On 5 September 2007 the Competition Council (“Conseil de la concurrence”) has handed down a decision in a case between a professional association of car assessment experts, OEIPA and Mr Carlo Schmit, a Luxembourg car assessment expert. In 1997 OEIPA refused the latter to become a member because (...)

The French Competition Council issues an opinion on the distinction between abusive and legitimate exercise of a trademark (UEEFL)
White & Case (Paris)
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French Competition Authority (Paris)
The French Competition Council issued on the 14 April 2006 an opinion regarding the application of French and EC antitrust rules (Articles L. 420-1 and L. 420-2 of the French Commercial Code and Articles 81 and 82 of the EC Treaty) regarding the fruit and vegetables sector in the French region (...)

The French Competition Council fines exclusionary practices and requires the removal of exclusivity clauses in the self-catering accommodations market on the basis of Art. 82 EC (Gîtes de France)
AptarGroup
Referred to by the Ministry of the Economy, the French Competition Council examined in its decision 06-D-06 of March 17, 2006 the practices implemented by the main French organization offering labels to owners of self-catering accommodations in France. As a matter of fact, the federation “Gîtes (...)

The Belgian Competition Council fines the Association Sportive Automobile Francophone for an abuse of dominant position relating to sporting rules (ETE-KILT/ASAF)
Smartflats
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Liège University - IEJE
Background The present case was initiated by two Dunlop tires distributors which complained about alleged anti-competitive sporting regulations on the part of a Belgian sporting organisation in the field of kart racing. The “Association Sportive Automobile Francophone” (“ASAF”) is a non-profit (...)

The Danish Competition Council held that a professional association had abused its dominant position under both Art. 82 EC and national competition provisions (Rørforeningen)
McDermott Will & Emery (Brussels)
Danish Competition Authority, 27 april 2005, Rørforeningen Rorforeningen is an association of Danish wholesalers of plumbing and heating products. All the major wholesalers in Denmark are represented through Rorforeningen. The association carries out a range of activities but the one in casu to (...)

The Cypriot national competition authority imposes a fine for an abuse of dominant position to an association of agricultural producers (Yeomilo Trading/Cyprus Potatoes Trades Association)
McDermott Will & Emery (Brussels)
On 16 December 2004, the Cypriot Commission for the Protection of Competition, following a complaint by Yeomilo Trading Ltd, issued a decision that the Cyprus Potatoes Trades Association had infringed section 6 of the Protection of Competition Law 207/89 through abusing its dominant position in (...)

Mergers

The Higher Regional Court Düsseldorf overrules decision of the Bundeskartellamt to free merger under remedies between two cable operators (Liberty Global / KabelBW)
Berlin School of Economics and Law
Recently, the Higher Regional Court Düsseldorf ("Court") overruled the decision of the Bundeskartellamt, the German competition authority, to free the merger between two cable operators, Liberty Global and KabelBW. The court decision is the outcome of an appeal procedure initiated by two (...)

The EU Court of First Instance dismisses an appeal against Commission’s first decision on a joint venture in the music sector (Impala)
Van Bael & Bellis (Brussels)
On 30 June 2009, the Court of First Instance adopted an order dismissing Impala‘s appeal against the European Commission’s first decision clearing the joint venture between the global recorded music businesses of Sony Corporation and Bertelsmann Music Group (BMG). This dismissal is the most (...)

Procedures

The EU Court of Justice upholds General Court ruling finding that reduction in subsidiary’s fine also applies to parent company where appeals have common object (Pegler, Tomkins)
Van Bael & Bellis (Brussels)
On 22 January 2013, the Court of Justice of the EU (“ECJ”) ruled that, when the EU courts reduce a fine imposed by the Commission on a subsidiary for an infringement of the EU competition rules, they may also apply the same reduction to the fine imposed jointly and severally on the (...)

The Netherlands Competition Authority publishes its final report on competition among real estate agents
European Commission (Brussels)
The Netherlands: Market Study on Estate Agents finalised* On 8 March 2012, the Netherlands Competition Authority (NMa) published its final report on competition among estate agents who provide home buying and selling services. The study examines the current competitive situation as well as the (...)

The Austrian Cartel Court brings a preliminary ruling before the European Court of Justice on the question of access to cartel files by third parties adversely affected by a cartel (Printing chemical producers)
Saxinger Chalupsky & Partners (Brussels)
In 2010, several printing chemical producers were fined by the Austrian Cartel Court for their participation in a printing chemicals cartel in Austria. The investigation was initiated due to a leniency application by one of the cartel members. After the conclusion of the procedure, an (...)

The Bulgarian Competition Authority publishes the results of the sector inquiry on the market for hotel services
University of Technology (Tallinn)
On 27 July 2011 the Bulgarian Competition Authority (CPC) published the results of its sector inquiry on the market for hotel services, which covered the demand-supply data and price dynamics of accommodation and catering packages offered in 26 Bulgarian communities during 2006-2010. In its (...)

The Serbian Administrative Court upholds the decision of the National Competition Authority sanctioning professional association for the adoption of the minimum prices to be charged by its members (Veterinary Chamber of Serbia)
University of Technology (Tallinn)
On 7 July 2011 the Administrative Court has upheld the infringement decision of the Serbian Competition Authority (KZK) sanctioning the Veterinary Chamber of Serbia (VKS) for adopting minimum prices to be charged by its members. The judgment has reaffirmed the competence of the KZK to impose (...)

The Bulgarian Competition Authority releases its 2011 annual report
University of Technology (Tallinn)
On 14 May 2012 the Bulgarian Competition Authority (CPC) published its 2011 Annual Report. While the 2011 report covers various areas of the CPC’s activity including prosecution of unfair competition, competition advocacy and international cooperation, present review shall focus exclusively on (...)

A German Court rejects complaint from an association of hearing aid acousticians on a inspection of the German Competition Authority (AOK)
Van Bael & Bellis (Brussels)
On 4 May 2011, the Higher Regional Court of Düsseldorf rejected the complaint of an association of hearing aid acousticians that claimed that the German Cartel Office (FCO) did not have the right, during an inspection at the association’s premises, to request the inspection of documents in (...)

The Croatian Competition Authority issues a report on competition on the food retail market in 2008
University of Technology (Tallinn)
Market inquiries, which are conducted by the competition authorities independently from any ongoing investigations is common practice nowadays. Such inquiries allow the competition authority to obtain valuable information that could be used in future investigations and assessments. Market (...)

The Brussels Court of Appeal refers several preliminary questions to the ECJ on the involvement of a NCA in appeal proceedings (VEBIC)
Arendt & Medernach (Luxembourg)
,
NautaDutilh (Luxembourg)
Facts of the case 1. On 25 January 2008, the Belgian Competition Council (Conseil de la concurrence) has condemned VEBIC, a professional association of Flemish bakeries, for having established a common cost index inciting Flemish bakeries to increase their prices in violation with the national (...)

The Swedish Market Court rejects the NCA’s application for fining an association of undertakings providing car towing services for price setting due to standard of proof issue (MRF - Bärgarna / Assistancekåren)
Swedish Competition Authority (Stockholm)
,
Swedavia AB
In 2002, the Swedish Competition Authority (the ) received complaints regarding the Swedish association of companies which provide car towing services, MRF-Bärgarna, and its subsidiary Assistancekåren Sweden AB (“Assistancekåren”). The SCA launched an investigation and in January 2003 carried out (...)

An Italian Court of Appeal holds a professional association liable for the damage suffered following a boycotting campaign (INAZ Pagh/ANCL)
Shearman & Sterling (Rome)
Inaz Paghe, a rather large supplier of software packages, offers on the market a new package called ‘full service’, to be used for the management of employees’ payrolls. The National Association of Employment Consultants, fearing that INAZ software may be able to perform some of the activities (...)

Regulations

The Australian Competition and Consumer Commission issues a draft determination proposing to grant authorisation to a professional association of mortgage and finance brokers to adopt a code of disciplinary rules
Australian Competition and Consumer Commission
ACCC proposes to authorise the MFAA’s disciplinary rules* The Australian Competition and Consumer Commission has issued a draft determination proposing to grant authorisation to the Mortgage and Finance Association of Australia (MFAA) for its Disciplinary Rules. The ACCC proposes to grant (...)

The OECD supports the recommendations advanced by the Irish Competition Authority for more competition in legal services
Irish Competition Authority
OECD backs Competition Authority recommendations for more competition in legal services* The 2013 OECD economic report for Ireland has backed recommendations made by the Competition Authority to increase competition in legal services. In the report, published on the 12 September 2013, one of (...)

The Scottish Court of Session finds the lack of proper ground for allowing the challenge of minimum pricing measures (Scotch Whisky Association)
University of Cambridge
Price-fixing by the State: a minimum unit price for alcohol* For a number of years concerns have been expressed over excessive levels of alcohol consumption and the effect this has on both public health and public order. There is a clear relationship between the price of alcohol and the amount (...)

The Danish Competition Council settles a case concerning two anticompetitive decisions in the collegiate rules of a minor association of accountants
Danish Competition and Consumer Authority (Copenhagen)
Anti-Competitive Decisions in the Collegiate Rules of Foreningen Danske Revisorer* On February 20, 2013, the Danish Competition Council settled a case concerning two anti-competitive decisions in the collegiate rules of a minor association of Danish accountants. According to the rules in (...)

The Bulgarian Competition Authority proposes amendments to regulatory framework for veterinarians
European Commission (Brussels)
Bulgaria: The Commission on Protection of Competition (CPC) proposes Amendments to regulatory Framework for Veterinarians * On 13 March 2012, the CPC adopted an opinion on the regulations in force and the system of self-regulation in the field of veterinarians. The CPC took into account the (...)

The Spanish Competition Commission approves a report on the draft Royal Decree regulating the recognition of producers’ organisations and interbranch organisations and establishing contractual conditions in the milk sector
European Commission (Brussels)
Spain: The CNC’s Report on the Draft Royal Decree regulating the Recognition of Producers’ Organisations and Interbranch Organisations and establishing Contractual Conditions in the Milk Sector* The Council of the National Competition Commission (CNC), in a meeting held on 16 February 2011, (...)

The French Competition Authority issues an opinion on the conclusion of an inter-branch agreement in the ovine sector
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence issues a positive opinion on the first inter-branch agreement concluded within the ovine sector. To make such contractualization fully effective, the Autorité calls industry (...)

The Spanish Competition Authority publishes competition guide for business associations
European Commission (Brussels)
Spain: The Comisión Nacional de la Competencia (CNC) publishes Competition Guide for Business Associations The CNC has prepared a Guide for business associations, as part of the CNC’s efforts to promote and advocate competition, which was launched on 9 February 2010. Its aim is to provide a (...)

The French Competition Authority issues two new favourable opinions on inter-branch agreements granting dispensation from the new rules on payment timeframes in the building and civil engineering materials-products and sanitary-heating-electrical equipment sectors
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Payment timeframes: The Autorité de la concurrence issues two new favourable opinions concerning derogating agreements in the building and civil engineering materials-products and sanitary-heating-electrical (...)

The French Competition Authority issues a favourable opinion regarding three derogating inter-professional agreements relative to the new rules on payment timeframes in the toy, DIY and watch making-jewellery sectors
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Payment timeframes: The Conseil de la concurrence has issued a favourable opinion regarding the derogating agreements signed in the toy, DIY and watch making-jewellery sectors.* Referred to by the Minister of (...)

The Maltese Commission for Fair Trading sanctions Government’s temporary exclusive concession of yacht yard in favour of an undertaking (S & D Yachts)
S & D Yachts Limited, an undertaking acting as agent for yachts mooring in yacht yards in Malta, requested the Director of the Office for Fair Trading (hereinafter referred to as ’the Director), to submit for review to the Commission for Fair Trading (hereinafter referred to as ’the (...)

The Spanish competition commission issues a report on professional services and associations (Informe sobre el sector de servicios profesionales y los colegios profesionales)
Hogan Lovells (Madrid)
,
Allianz (Brussels)
Introduction The Spanish Competition Commission (Comisión Nacional de la Competencia, hereinafter, the "CNC") has recently published a report on the competition problems detected within professional services and associations (the "Report"). The Report follows the announcement by the Spanish (...)

The French Competition Authority issues an opinion relative to the economic organisation of the sector of fruit and vegetable processing industry (Ministre de l’agriculture et de la pêche)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Conseil de la concurrence encourages fruit and vegetable producers to organise themselves in order to strengthen their market power against distributors and reduce the offer’s uncertain nature, on condition (...)

The Hungarian Competition Authority issues a recommendation in order to liberalize the notaries’ activities
Smartflats
,
Liège University - IEJE
In Hungary, the activity of notaries is the most strictly regulated branch of liberal professions. On 27 may 2005, the Gazdasági Versenyhivatal (“GVH” - the Hungarian Competition Authority) submitted a detailed recommendation during the drafting of the new regulation pertaining to notarial (...)

The French Competition Authority issues an opinion concerning the regulations governing taxi activity (Fédération Nationale des taxis indépendants)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Conseil de la concurrence issues an opinion on the taxi sector.* Following a referral by the Fédération Nationale des taxis indépendants (National Independent Taxi Federation), the Conseil de la concurrence (...)

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