Exclusivity clause

Anticompetitive practices

The Dutch Competition Authority dismisses alleged predatory pricing, tying and bundling, discriminatory pricing and foreclosure through exclusive and/or multi-year contracts in the postal market (Sandd/TNT)
ASML
I. Introduction On 15 December 2009 the Dutch Competition Authority (NMa) dismissed a complaint from Dutch postal delivery service Sandd against competitor TNT and certain subsidiaries. Sandd claimed that TNT had violated article 102 TFEU and the equivalent national provision. It argued that (...)

The Danish Competition Council accepts new commitments regarding the clubs’ joint sale of media rights for national league football (Superliga)
Danish Competition and Consumer Authority (Copenhagen)
Danish Competition Council Accepts New Commitments regarding Danish Football Clubs’ Joint Sale of Media Rights* On 26 February 2014 the Danish Competition Council accepted new commitments offered by the Association of Danish League Clubs regarding the clubs’ joint sale of media rights to Danish (...)

The US FTC finds violation of law with respect to the adoption of an exclusive dealing policy to maintain a monopoly position on the domestic fittings market (McWane)
University of Michigan
Why the FTC’s McWane Opinions Raise More Questions Than They Answer* The Federal Trade Commission is meant to be, and is, an expert body on antitrust laws. So, when a case like McWane—that raises both collusion and exclusion issues—is in front of the FTC, it seems reasonable to expect to receive (...)

The South African Competition Commission closes its investigation into exclusive lease agreements in the supermarket industry without taking further action (Shoprite / Woolworths / Spar Group / Pick’n Pay Stores / Massmart / Metcash)
Nortons Incorporated
Competition Commission concludes exclusive-lease investigation without taking action* The South African Competition Commission (“Commission”) has recently announced that it has concluded its investigation into the major retail grocery stores, namely Shoprite Holdings Ltd, Woolworths Holdings (...)

The US District Court for the Northern District of California dismisses plaintiff’s antitrust claims and ascertains that allegations of harm to competition caused by multiple defendants can’t be aggregated (Orchard Supply Hardware/Home Depot, METCo & Makita)
Orrick, Herrington & Sutcliffe (San Francisco)
Allegations of Harm to Competition Caused by Multiple Defendants Can’t be Aggregated* Earlier this year, I covered the case of Orchard Supply Hardware LLC v. Home Depot USA, Inc. . On September 19, 2013, the court (the Northern District of California) issued its decision on defendants’ motion (...)

The German Competition Authority receives information about the decision of the TV-broadcasting groups not to pursue their plans to build an online video platform (Germany’s Gold)
German Competition Authority (Bonn)
Plans for ARD/ZDF online platform "Germany’s Gold" abandoned* Bonn, 16 September 2013: "Germany’s Gold", the online platform that the ARD and ZDF broadcasting groups were planning to set up via commercial subsidiaries together with eleven other production and licensing companies, will not (...)

The Belgian Competition Authority conducts dawn raids at the premises of the incumbent on the Belgian market for lotteries and betting (Nationale Loterij/Loterie Nationale)
Van Bael & Bellis (Brussels)
In a press release of 25 July 2013, the College of Competition Prosecutors confirmed that it had carried out dawn raids on 23 July 2013 at the premises of Nationale Loterij/Loterie Nationale, the incumbent on the Belgian market for lotteries and betting. Reportedly, the dawn raids follow (...)

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 issues an opinion on the generalisation of complementary health insurance
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence recommends that each company remain free to choose its complementary health insurance body*. On 1 February 2013, the Association pour la promotion de l’assurance collective (APAC) (...)

The European Court of Justice validates exclusive rights for broadcasting of sports events provided they do not grant absolute territorial exclusivity (Football Association Premier League)
Vogel & Vogel
The Football Association Premier League (FAPL), holder of the television broadcasting rights for the Premier League, the leading professional football league competition for football clubs in England, grants exclusive licences in respect of those broadcasting rights to one TV channel per (...)

The Croatian Competition Authority identifies a number of vertical restraints in the auto repair services agreements that could not be exempted under the national equivalent of the EC Regulation 1400/2002 (Kia Motors Adria Group)
University of Technology (Tallinn)
On 2 December 2010 the Croatian Competition Authority (AZTN) established the existence of anticompetitive provisions in the auto repair services agreements concluded by the exclusive importer of KIA automobiles in Croatia Kia Motors Adria Group d.o.o. (KMAG) with its authorized auto repairers. (...)

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

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

The Polish Competition Authority fines members of a price maintenance agreement on the paint market (Tikkurila, Castorama, Praktiker)
Hogan Lovells (Warsaw)
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Hogan Lovells (Warsaw)
Background The market for the wholesale of paints in Poland has been subject to special scrutiny by the Office for Competition and Consumer Protection (the OCCP). The first case concerning the illegal collusion between the paint producer (Polifarb Cieszyn) and its distributors was examined in (...)

The Brussels Court of Appeal confirms that an exclusive sale agreement concluded for a one year period constitutes a breach of Art. 101 TFEU (Fiat Auto Belgio v. Fortis Banque and T.C.I. Auto Service)
Strasbourg Bar School
Introduction In its judgment of 28 April 2010, the Brussels Court of Appeal upheld a judgment of the Commercial Tribunal and confirmed that the exclusive sale agreement for Fiat vehicles concluded by TCI Auto Service (the dealer, “TCI”) and Fiat Auto Belgio (the manufacturer, “Fiat”) for a (...)

The Spanish CNC issues a resolution holding that exclusivity agreements for the sale of broadcasting rights for national football championship exceeding three seasons are anticompetitive (Sogecable, AVS)
Garrigues (Brussels)
Sale of Football TV Rights: One size fits all?* The Spanish NCA adopted last week its long-awaited decision with regards to the sale of television rights for the national football championship. The essence of its decision is simple: agreements concluded between football clubs and television (...)

The Polish Appeal Court in Warsaw upholds the decision of the Competition and Consumers Protection Court introducing economic analysis to the review of an exclusivity clause in distribution agreements (Lesaffre)
Hogan Lovells (Warsaw)
Background - the OCCP decision On 29 December 2006, the President of the Office for Competition and Consumer Protection (”OCCP”) issued an administrative decision finding that the Polish subsidiary of Lesaffre (French food ingredients yeast and biotechnology company and worldwide leader in the (...)

The French Supreme Court quashes the ruling of the Paris Court of Appeal relating to the exclusive distribution agreements of iPhones (Orange-Apple)
Simmons & Simmons (Paris)
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Hewlett Packard (Boulogne-Billancourt)
In a ruling dated 16 February 2010, the French Supreme Court (the "Supreme Court") quashed the ruling of the Paris Court of Appeal (the "Court of appeal") relating to the exclusive arrangements between Orange France (a subsidiary of France Telecom) and Apple for the distribution of iPhones in (...)

The US DoJ remains concerned over coordination and exclusivity issues in proposed amended settlement among publishers and authors (Google Books)
Stanford University - Stanford Law School
U.S. Department of Justice remains concerned over antitrust issues raised by “Google Books” settlement* On 4 February 2010 the U.S. Department of Justice filed a statement of interest regarding the proposed amended settlement agreement in The Authors Guild Inc. et al. v. Google Inc. with the (...)

The Bulgarian Competition Authority holds that a network of vertical exclusivity agreements covering 86% of the relevant market has anticompetitive effects (Megalan - Universities)
Kinstellar (Sofia)
The Bulgarian Commission for Protection of Competition (the “CPC”) found that a network of vertical exclusivity agreements regarding construction and exploitation of Internet infrastructure and access to Internet that covered 86% of the relevant market foreclosed new entries and expansion by (...)

The French Competition Authority fines incumbent telecom operator in overseas territories and applies EU case law on presumption of liability of parent companies for the first time (Orange Caribbean)
European Commission (Brussels)
France: The Autorité fines Incumbant Telecom Operator in the Overseas Territories and applies EU Case-Law on Presumption of Liability of Parent Companies for the first Time On 9 December 2009, the Autorité de la concurrence imposed on Orange Caribbean, the incumbent and leading telecom operator (...)

A Dutch Court of appeal rules that termination by supplier of distribution contract under pressure from competing distributors is concerted practice (Batavus - Vriend)
Van Doorne (Amsterdam)
I. Introduction This judgment of the Court of Appeal of Leeuwarden (“the Court”) is the latest in a series of judgments in a long running dispute relating to the termination in 2001 by Batavus B.V. (“Batavus”), a bicycle manufacturer, of its long term business relations with a retailer, Vriend’s (...)

The French Competition Authority fines € 6.9 M a football association and a rights for sports management agency for anticompetitive agreements on the market for audiovisual rights (FFF-Sportfive)
Credit Agricole
Following its 2001 and 2004 decisions to investigate competition in the field of management of professional football rights, the Autorité de la concurrence imposed a fine of 6.9 million € on the Fédération Française du football (FFF), the French football association, and Sportfive for their (...)

The Irish Competition Authority publishes information for consumers and businesses on the provision of pay-TV to apartment developments
Irish Competition Authority
Competition Authority Publishes Guidance on Pay-TV in Apartments* The Competition Authority has today published information for consumers and businesses on the provision of pay-TV to apartment developments. In recent years, the Authority has received a large number of complaints from (...)

The Hungarian Competition Authority finds illegal vertical resale price fixing without imposing fine (Castrol Hungária)
Oppenheim
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Oppenheim - Budapest
Description of the impugned case The case concerned a straightforward RPM arrangement (minimum prices). Analysing the wording and the context of the relevant clause, the HCO found that it indeed contained an RPM arrangement and did not accept Castrol Hungária’s defence that the minimum prices (...)

The French Competition Authority orders the suspension of the iPhone exclusivity on the basis of Art. 81 EC (Bouygues Telecom/Apple-Orange)
French Competition Authority (Paris)
The Conseil de la concurrence considered that the agreements entered into between Orange and Apple were likely to introduce further rigidity, to increase consumer captivity due to smartphones attraction and, through the implementation of a differentiation strategy, to reduce competition in a (...)

The European Commission prohibits European collecting societies from restricting competition as regards the conditions for the management and licensing of authors’ public performance rights for musical works (CISAC)
European Commission - DG COMP (Brussels)
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European Commission - DG COMP (Brussels)
"The CISAC decision - creating competition between collecting societies for music rights"* I. Introduction On 16 July 2008 the European Commission adopted a decision prohibiting 24 European collecting societies from restricting competition as regards the conditions for the management and (...)

A French Court of Appeal declares void a commissioning agreement containing a mutual exclusivity obligation on the basis of Art. 81 EC (Prim’Co)
White & Case (Paris)
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French Competition Authority (Paris)
In a case dated 28 August 2007, the Court of Appeal of the city of Pau confirmed a judgment by the Tribunal de Grande Instance of Mont de Marsan in which the first judge annulled a Commissioning contract for violation of Article L. 420-1 of the French Commercial Code, the French equivalent of (...)

A Spanish Court holds that it is not bound by an EC Commission decision under Art. 9 of EC Reg. 1/2003 (Carburantes Costa de la Luz v Repsol)
European Court of Justice (Luxembourg)
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Garrigues
Article 9 of Council Regulation (EC) n° 1/2003, of 16 December 2002, on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (OJEC L 1, 4 January 2003, pp. 1-25) (“Article 9”) is one of the major new features of the new EC competition rules adopted in May (...)

The Polish Competition Authority heavily fines, in spite of termination of the practice, a yeast producer for having imposed to 45 wholesalers an exclusivity clause (Lesaffre Bio-Corporation)
French National Research Agency (ANR)
Like the European Commission, the Polish Competition Authority - the President of the Office for Competition and Consumer Protection (hereafter : the OCCP President) - is empowered to issue a formal infringement decision in spite of the practice having ceased. The OCCP President has been vested (...)

The Maltese Commission for Fair Trading strikes down trade restrictive clauses in an exclusive poultry supply agreement (Buxon Poultry vs Poultry Cooperative and Abela)
Buxon Poultry Limited requested the Court of Magistrates (Malta) to find defendants Koperattiva tat-Tjur Limited (Poultry Cooperative Limited) and Emmanuel Abela liable in solidum in favour of claimant to pay a penalty of LM5,000. Claimant alleged that said penalty was due as a result of (...)

A Hungarian Court applies for the first time both EC and national competition law while sanctioning an exclusive ticketing agreement (Budapest Sports Stadium)
bpv Jadi Nemeth Attorneys
This case was among the first in which EC competition law was applied by a Hungarian court. In October 2006 the Metropolitan Court of Budapest had rejected the appeals of the plaintiffs, and thus confirmed the legal assessment of the decision of the Competition Council of the Hungarian (...)

The Bulgarian competition authority prohibits an exclusive contract for the supply of slag for fears of foreclosure of the cement market (Kremikovtzi/Cemeco)
Commission for the Protection of Competition, 22 July 2006 , Decision n° 174, Kremikovtzi/Cemeco (Doc. Word) Pursuant to the individual exemption procedure, still in force under Bulgarian competition law, Cemeco OOD (“Cemeco”), a cement producer, notified to the Bulgarian Commission for the (...)

The French Competition Council fines an exclusivity purchase clause contained in a selective distribution agreement on the basis of both Art. 81.1 EC and French provisions (NGK Spark Plugs)
White & Case (Paris)
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French Competition Authority (Paris)
In its decision issued on 21 July 2006, the French Competition Council fined NGK Spark Plugs France (hereinafter “NGK France”), a French subsidiary of NGK Japan, active in the French market for spark plugs for two-wheel vehicles, for breach of both article 81 of the EC treaty and its French (...)

The French Competition Council holds anticompetitive an exclusive purchase clause in a selective distribution agreement (NGK Spark Plugs)
Simmons & Simmons (Paris)
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Hewlett Packard (Boulogne-Billancourt)
French Competition Council (Conseil de la concurrence), 21 July 2006, Decision n° 06-D-22, related to NGK Spark Plugs France practices in the plug market for two-wheel vehicles (“relative à des pratiques mises en oeuvre par la société NGK Spark Plugs France sur le marché des bougies pour deux (...)

A Dutch Court of First Instance declares an exclusive distribution agreement on the market of ballast materials for the construction of railways void according to the Dutch Competition Act (Rotim/Ballast)
European Commission - DG HR
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Dutch Ministry of Security and Justice
Rotim is a Dutch company importing, selling and distributing ballast materials for railways. Basalt is a company established in Germany which produces ballast materials. In 1983, Rotim concluded an agreement with Basalt, the so-called “Liefervertrag’, according to which Rotim had the exclusive (...)

The Brussels Court of Appeal upholds the NCA decision holding that the exclusive joint selling of football television rights is not infringing Art. 81.1 EC (Jupiler League - Belgacom Skynet)
Leuven University
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VMMa
Relevant facts On 9 May 2005, the LBV, a joint selling body with the exclusive right to sell TV broadcasting rights of the Jupiler League on behalf of the participating football clubs, had awarded all the packages of rights to Belgacom Skynet. Telenet, Belgacom’s competitor on the Belgian (...)

The Cyprus Competition Authority imposes a fine on three pay-TV operators for restrictive exclusive distribution agreements (Channel LTV...)
International Transport Forum
On June 2, 2006 the Commission for the Protection of Competition (hereinafter C.P.C.) put an end to its ex-officcio investigation of the pay-TV industry in Cyprus imposing a total fine of CY£ 535 on Channel LTV, Multichoice Ltd (LTV’s platform administrator) and NETMED NV (Multichoice’s majority (...)

The Hungarian Council of the Competition Office finds exclusive press distribution agreements anticompetitive but exempts them under the national block exemption regulation on vertical agreements (Pesti Est Media)
Hogan Lovells
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Background The Pesti Est media company is the largest player on the market of free program magazines in Hungary, distributing 130,000 copies a week of its magazine in Budapest. The Competition Office started an investigation into whether Pesti Est’s exclusive agreements in relation to their (...)

The Brussels Court of Appeal awards damages for active sales breaching an exclusive distribution agreement (Horas International / Rexit)
Smartflats
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Liège University - IEJE
The facts The appellant in this case is a Belgian firm whose business activities consist in distributing furniture and accessories (hereafter the “distributor”). The defendant is an Italian company specialized in the design and production of furniture (hereafter the “manufacturer”). In 1985, the (...)

The Danish Competition Council approves natural gas supply agreement under Art. 81 and 82 EC with commitments to an early termination of the exclusive supply clause and prohibition of such clause in future contracts (DONG and HNG/MN)
Danish Competition and Consumer Authority (Copenhagen)
On 21 December 2005 the Danish Competition Council (DCC) approved a supply agreement between natural gas provider DONG and its customers Hovedstadsregionens Naturgas (HNG) and Naturgas Midt-Nord (MN), as the parties had given a binding commitment that would improve competition on the Danish gas (...)

The Danish Competition Council clears a beer standard distribution agreements in the gastronomic sector subject to commitments alleviating the exclusivity effects of the agreement on the basis of Art. 81/82 EC (Carlsberg)
Danish Competition and Consumer Authority (Copenhagen)
On 26 October 2005 the Danish Competition Council granted clearance subject to commitments to Carlsberg’s supply agreements with the gastronomic sector. The Danish Competition Authority was concerned that the degree to which Carlsberg was binding its retailers might be in conflict with Articles (...)

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
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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 Irish NCA assesses the prices and exclusive provisions of a major entertainment events tickets reseller on the basis of both national and EC competition laws (TicketMaster Ireland)
London School of Economics
The National Competition Authority has rejected allegations that TicketMaster (hereinafter “TicketMaster”) Ireland is abusing its dominant position through excessive pricing and that its exclusive contractual relations with certain promoters constitute infringements of Art 81 EC and its domestic (...)

The Hungarian Competition Authority finds an exclusivity clause has an effect on trade between member States and may distort competition in the sport events sector (Aréna, Multimédia Light and Sound, Ticketpro)
Hogan Lovells
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Background Aréna Üzemelteto Rt. received the right from the Hungarian State to be the controlling company of the Budapest Sports Stadium (hereinafter: the Budapest Sports Stadium). Aréna was, at the time of the investigation, an affiliate of the French Bouygues group. Multimédia Light and Sound (...)

The UK Office of Fair Trading issues a draft opinion indicating that exclusive newspaper distribution arrangements granting absolute territorial protection are compatible with UK and EC competition law ("Distribution arrangements between newspaper and magazine publishers and wholesalers")
Freshfields Bruckhaus Deringer (London)
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King’s College (London)
In order to ensure consistency with the EC regime, the UK system for notification of agreements under the Competition Act 1998 (the CA) was abolished on 1 May 2004. The OFT does not therefore accept notifications for decision or guidance under the Act. The OFT, however, continues to offer a (...)

The Madrid Commercial Court finds a distribution agreement to be null and void and decides that the claimant is not entitled to recover the sums paid by virtue of a contract (Aloyas / Repsol)
London School of Economics
Repsol Comercial de Productos Petrolíferos, S.A. (hereinafter, “Repsol”) and Estación de Servicio Aloyas, S.L., S.A. (“Aloyas”) concluded on 14 March 1995 a 10-year contract concerning the distribution of oil products. The parties agreed that the contract was an agency one. The term “agent” was even (...)

A Spanish Tribunal finds that a distribution agreement may not be a ’genuine’ agency agreement and thus may fall within the scope of Art. 81.1 EC (Gebe / BP Oil España)
London School of Economics
Compañía arrendataria del monopolio del petróleo, S.A. (hereinafter, “Campsa”) and Gebe, S.L. (“Gebe”) concluded in July 1988 an agreement concerning the distribution of oil products. The latter operated from premises hired to him by Campsa. The agency agreement included a non-compete obligation and (...)

A Spanish Court dismisses the appeal seeking to qualify an agency agreement as a resale agreement (Melón - E.S. Zarza / Repsol)
London School of Economics
On 2 January 2003, the Juzgado de Primera Instancia n° 74 de Madrid dismissed an action brought by Melón, S.A. (“Melón”) and E.S. Zarza, S.L. (“Zarza”), two undertakings active in the distribution of oil products, against Repsol Comercial de Productos Petrolíferos, S.A. (“Repsol”), an undertaking (...)

The Spanish Audiencia Provincial de Madrid refuses to submit a preliminary reference to the ECJ considering that this would only be relevant if the agreements at stake were deemed to be agency ones (Ahigal and Melón/Repsol)
London School of Economics
Compañía arrendataria del monopolio del petróleo, S.A. (hereinafter, ‘Campsa’) concluded an agency agreement concerning the distribution of oil products with two companies, Ahigal, S.A. (“Ahigal”) and Melón, S.A. (“Melón”). In 2003, Ahigal and Melón decided to bring an action against Repsol Comercial de (...)

A Spanish jurisdiction holds that the application of EC law would only be pertinent in case the agreements are deemed “non-genuine” agency ones (La Safor/Compañía Logística de Hidrocarburos)
London School of Economics
Compañía arrendataria del monopolio del petróleo, S.A. (hereinafter, “Campsa”) and Automoción y Servicion La Safor, S.L. (“La Safor”) concluded in March 1990 a number of contracts related to the distribution of oil products. The contractual relationship included an agency agreement as well as a (...)

A Spanish Court annuls a judgment rendered in first instance on qualification of a so-called agency agreement in the oil products distribution sector (Repsol)
London School of Economics
Compañía arrendataria del monopolio del petróleo, S.A. (hereinafter, “Campsa”) and Caminas, S.A. (“Caminas”) concluded in July 1981, November 1981 and July 1989 several agreements related to the exploitation of a gas station (“the agreements”) by the latter. Caminas brought an action for annulment (...)

The OFT closes investigation into a producer’s exclusivity clauses in distribution agreements following assurances (Bacardi)
Baker McKenzie (London)
On 30 January 2003, the Office of Fair Trading (« OFT ») announced that it would cease its investigation into Bacardi-Martini Limited (« Bacardi »). The investigation, which had begun following complaints made by Pernod Ricard S.A. (« Pernod »), the owner of the Havana Club brand, in relation to (...)

The Dutch Competition Authority decided that a beer standard agreements in the catering sector did not infringe national competition provision and therefore could not qualify for exemption (Heineken Nederland)
Government of Albania
On 14 December 2000 Heineken Nederland B.V. (Heineken) notified its (standard)agreements with the catering establishment employers with effect from 1 April 2000 to the Dutch Competition Authority (DCA) for a decision that they did not fall within Article 6 of the Dutch Competition Law Act (...)

The Italian Competition Authority finds beer distribution agreements to have no foreclosure effect and authorizes them (Heineken Canale Horeca)
Desogus Law Office (Cagliari)
The agreements concluded by Heineken and its Italian subsidiary, Partesa, for the distribution of beer through the horeca trade channel have been found by Italian Competition Authority (ICA) to not be caught by the prohibition of anticompetitive agreements laid down by Section 2 of the Act (...)

The “Repsol Saga” : Background Note on “genuine” agency agreements in Spanish Competition Law
London School of Economics
Spanish Competition Appeal Tribunal (Tribunal de Defensa de la Competencia), 11 July 2001, Resolución n° 490/00, Repsol Background Note On 11 July 2001, the Spanish Tribunal de Defensa de la Competencia (the “NCA”) adopted a prohibition decision against Repsol Comercial de Productos (...)

The Dutch Competition Authority determines that an anti-peddling scheme applied in the painting branch contravenes the prohibition on cartels (Vereniging Belangen Behartiging Schildersbedrijf)
Netherlands Authority for Consumers & Markets (The Hague)
NMa Prohibits Anti-Peddling Scheme in the Painting Branch* Today the Dutch Competition Authority (NMa) determined that the anti-peddling scheme applied in the painting branch contravenes the prohibition on cartels and is therefore prohibited. In November 1998 NMa indicated in a provisional (...)

The Luxembourg Commercial Court found non-compete, price fixing and exclusivity clauses in a franchising agreement severable from the rest of the agreement (Wintergarten Feddersen / Soluver)
Arendt & Medernach (Luxembourg)
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NautaDutilh (Luxembourg)
The undertakings Wintergarten Feddersen and Soluver concluded in 1985 a franchising agreement for the distribution of verandas. In 1987 Wintergarten Feddersen, the franchisor, brought proceedings against Soluver, the franchisee, before the Tribunal de commerce (“Commercial Court”) of Luxembourg (...)

Dominance

The Finnish Competition and Consumer Authority issues report on collective management organisations and the promotion of healthy competition on the copyrighted works market (Teosto / Gramex / Kopiosto / Tuotos)
Finnish Competition and Consumer Authority (FCCA)
Finnish Competition and Consumer Authority: Numerous problems on the copyright market* The ambiguity of the legislation and the complexity of the market serve to fortify the monopoly of the collective management organisations on the market, says the Finnish Competition and Consumer Authority (...)

The EU General Court provides an in-depth analysis of the anti-competitive character of the matter of exclusivity rebates offered to the OEM partners (Intel)
EFTA Surveillance Authority
Case T-286/09 Intel : Characterisation of rebates* It is time to get deeper into the frenzy of the judgment in Case T-286/09 Intel which we summarised very quickly here in our first post on the case. Let us start by looking at the characterisation of rebate schemes by the General Court. The (...)

A US District Court dismisses the claims on exclusive dealing and attempted monopolization on the market for SD cards (PNY Technologies / SanDisk)
Orrick, Herrington & Sutcliffe (San Francisco)
Northern District of California Raises the Bar on Exclusive Dealing Claims* In PNY Technologies, Inc. v. SanDisk Corp., Case No. C-11-04689 (N.D. Cal. Apr. 25, 2014) (Orrick, J.), the court dismissed PNY’s exclusive dealing and attempted monopolization claims. I previously covered the case (...)

The Australian Competition and Consumer Commission institutes proceedings in the Federal Court against pharmaceutical producer for alleged misuse of market power and exclusive dealing in relation to its supply of atorvastatin to pharmacies (Pfizer)
Australian Competition and Consumer Commission
ACCC takes action against Pfizer Australia for alleged anti-competitive conduct* The Australian Competition and Consumer Commission has instituted proceedings in the Federal Court of Australia against Pfizer Australia Pty Ltd (Pfizer) for alleged misuse of market power and exclusive dealing in (...)

A US District Court denies motion to dismiss in a case of anticompetitive exclusive dealing on the market for digital photo services for the tourism industry (Pro Search Plus / VFM Leonardo)
University of Michigan
Successful Mousetrap Builders Beware – Your Sales Contract Just Might Be “De Facto Exclusive Dealing”* Say you built a better mousetrap, the world beat a path to your door and now you have a high share of the mousetrap market. Let’s further assume that your customers find “the cost of switching (...)

The EU Commission expresses concerns that the revised commitments do not address abusive practices in the online search space (Google)
Stanford University - Stanford Law School
European Commission not convinced by improved commitments offered by Google* On 21 October 2013 Google offered improved commitments to the European Commission in order to close the three-year long investigation into four practices that the Commission considered had amounted to a possible abuse (...)

The England and Wales High Court refuses interim injunction against the refusal to grant access to airport coach terminal even though arguable case of abuse made out as damages would be an adequate remedy if abuse established at trial (Arriva The Shires / London Luton Airport Operations)
St John’s Chambers
United Kingdom: interim injunctions in competition litigation* Private competition litigation is continuing to develop in the United Kingdom. The courts and the Competition Appeal Tribunal are seeing an increase in the number and complexity of follow-on damages actions, often between foreign (...)

The EU Competition Commissioner makes a statement on the progress of the on-going investigation into the alleged abuse of dominance in the search engine market (Google)
Stanford University - Stanford Law School
Almunia offers Google settlement talks* Last 21 may 2012, Competition Commissioner Joaquin Almunia made a statement on the progress of the on-going investigation into Google’s alleged abuse of dominance in the search engine market, which the Commission was investigating since November 2010 (see (...)

The Polish Competition Court confirms the NCA’s decision finding that the use of exclusive agreement clauses in distribution contracts can constitute an abuse of dominant position if it leads to entry foreclosure (SHiUZ - Animal Breeding and Insemination Centre)
Polish Competition Authority (Warsaw)
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University of Turin
On November 9th, 2011 the Warsaw District Court - the Court for Competition and Consumer Protection (SOKiK) rejected the petition for appeal from the decision by the Office for Competition and Consumer Protection (UOKiK) in which Stacja Hodowli i Unasieniania Zwierząt (SHiUZ -Animal Breeding and (...)

The Brazilian Competition Authority grants preliminary injunction against a leading banking group’s exclusive dealing (Bank of Brazil/ Interstate Federation of the Public Workers)
Itaú BBA (Sao Paulo)
The Brazilian Competition Authority – Conselho Administrativo de Defesa Econômica(hereinafter CADE) – has granted a preliminary injunction on an administrative procedure initiated ex officioby CADE itself, following a complaint against Banco do Brasil presented by the Interstate Federation of the (...)

A US District Court dismisses claims on monopolization, unfair competition and fraud, since the plaintiff did not articulated a proper definition of the relevant market (Digital Sun / The Toro Company)
Sheppard Mullin (Los Angeles)
Federal Court Finds Allegations of “Bad Faith” in Sprinkler License Agreements to be “Vox Clamantis in Deserto”* On March 22, 2011, the United States District Court for the Northern District of California entered an order granting defendants The Toro Company’s ("Toro") motion to dismiss plaintiff (...)

The UK Office of Fair Trading issues statement of objections alleging abuse of dominance in the bunker fuel cards industry (CH Jones)
European Commission (Brussels)
United Kingdom: The Office of Fair Trading (OFT) issues Statement of Objections alleging Abuse of Dominance by Bunker Fuel Firm* On 25 February 2011, the OFT issued a Statement of Objections alleging that CH Jones abused its dominant position in the market for the provision of bunker fuel card (...)

The French Competition Auhtority issues an opinion concerning the dominant position of a search engine company in the market for online advertising (Google)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence considers that Google holds a dominant position on the advertising market linked to search engines. It considers that competition law can apply limits to Google’s actions and (...)

The Paris Court of Appeal rejects the applicability of Art. 101 and 102 TEU but upholds the findings that two telecom operators had abused their dominant positions in the telephony markets (Orange Caraïbe and France Telecom)
French Competition Authority (Paris)
The Court of Appeal ruled on 23 September 2010 in the Orange Caraïbe case. It mainly upheld the findings of the French Competition Authority. Nonetheless, ruling out the applicability of Article 101 and 102 on doubtful grounds, it also quashed the decision insofar it found a margin squeeze in (...)

The EU General Court upholds a Commission’s decision concerning an abuse of dominance in the market for machines for the collection of used beverage containers addressing the issues of loyalty rebates and exclusivity agreements (Tomra)
University of South Australia
Hungry for More?* Apologies for the long post, but I have several remarks to add to my former post under Tomra v. Commission: •Priority-setting – As most of you know, this judgment confirmed a Commission Decision of 2006, in which Tomra, a producer of reverse vending machines used for (...)

The Croatian Administrative Court upholds the decision of the NCA finding an abuse of dominance on the market for distribution of cigarettes (Adris grupa, Ronhill)
University of Technology (Tallinn)
On 24 March 2010 the Croatian Administrative Court upheld the decision of the Croatian Competition Authority (AZTN) finding an abuse of dominant position on the market for distribution of cigarettes. The applicants in this case, Adris grupa d.d. (former tobacco factory in Rovinj - Tvornica (...)

The Hellenic Competition Commission concludes that a joint purchase agreement between refineries does not restrict competition (Hellenic Petroleum and Motor Oil Hellas)
OECD - Competition Division (Paris)
On 23 March 2010, the Hellenic Competition Commission («HCC») concluded an own-initiative investigation with a ruling that the joint purchase agreement between Hellenic Petroleum («ELPE») and Motor Oil Hellas in relation to the operation of a pipeline to the Athens International Airport does not (...)

The French competition authority rules that an over-general exclusivity clause to the benefit of an undertaking in a dominant position prevents access to the market for other potential operators (Titres Cadeaux / Kadéos)
Vogel & Vogel
The company Titres Cadeaux complained that the company Kadéos was foreclosing the markets for the distribution and redeeming of multi-store gift cards by systematically including exclusivity clauses in its contracts with traders. It therefore filed a complaint with the Competition Authority for (...)

The Turkish Competition Authority imposes €17,3 M fine on the incumbent telecommunications operator for its abusive practices in GSM and mobile marketing services market (Turkcell)
Hewlett Packard (Istanbul)
Procedure After the completion of its investigation dated 09 October 2008, the NCA announced the short version of its final decision on 30 December 2009. Turkcell has been accused of abusing its dominant position in GSM services market via exclusive cooperation agreements in mobile marketing (...)

The European Commission fines a US semiconductor chip manufacturer for abuse of a dominant position (Intel)
European Commission - DG COMP (Brussels)
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European Commission - DG COMP (Brussels)
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European Commission - DG COMP (Brussels)
"Commission finds abuse of dominance in the Intel case"* I. Introduction On 13 May 2009, the European Commission concluded its Intel investigation by way of a formal Decision. The Commission found that Intel had abused its dominant position in x86 Central Processing Units (CPUs) by engaging (...)

A Czech Court annuls on a procedural point a decision of the NCA concerning an alleged abuse of dominant position in the industrial gases market (Linde Technoplyn)
Government of the Czech Republic
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European Court of Justice (Luxembourg)
By a judgment rendered on 10 July 2007, the Regional Court in Brno annulled the first-instance and appeal decisions rendered by the Czech Office for the Protection of Competition and its President in the Linde Technoplyn case. Unfortunately for the commentators, the verdict is based solely on (...)

The French Competition Authority imposes interim measures to address practices implemented by the incumbent operator on the sector of terrestrial analogical broadcasting of TV services (Emettel / TDF)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Terrestrial analogical broadcasting of TV services: Conseil de la concurrence imposes interim measures against TDF and orders not to prevent TV channels from entrusting to other operators the broadcasting of (...)

The French Competition Council imposes interim measures to the incumbent to safeguard competition on the electricity supply market requesting modification of termination of exclusivity clause (KalibraXE / EDF)
Hewlett Packard (Boulogne-Billancourt)
On 25 April 2007, the French Competition Council ("Conseil de la concurrence") imposed interim measures on Electricité de France ("EDF"), which is historically the national operator, following a referral by KalibraXE. Background KalibraXE was created in August 2005. This new operator does not (...)

The French Competition Council orders the electricity incumbent to amend early termination clauses in supply contracts (EDF)
Kramer Levin Naftalis & Frankel (Paris)
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Eversheds Sutherland (Paris)
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Eversheds Sutherland (Paris)
Background and facts Pursuant to Directive 96/92/EC and subsequently Directive 2003/54/EC, all non-household customers (i.e. any natural or legal persons purchasing electricity which is not for their own household use) became eligible customers as of 1st July 2004, meaning that they are free (...)

The French competition Council rules on the status of competition in the cinema advertising industry (Société Technic Publicité/Médiavision)
DLA Piper (Paris)
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Cabinet Minard-Driss
Over twenty years after the notice issued by the Commission de la concurrence(former French competition commission) on 14 December 1984, the Conseil de la concurrence (current French competition commission) has ruled on the status of competition in the cinema advertising industry. On 20 (...)

The German Bundeskartellamt fines spice producers again for exclusivity clauses and other contractual agreements that could lead to factual exclusivity (Fuchs, Teuto)
Norton Rose Fulbright
In a decision dated 9 May 2006, the German Federal Cartel Office (“FCO”) has imposed a fine of EUR 250.000 against TEUTO Gewürzvertriebs GmbH (“TEUTO”), an undertaking belonging to the Fuchs Gewürze group, for violating a prohibition decision of the FCO dating back to July 2002. 1. Background The (...)

The Paris Court of appeal upholds a decision of the NCA fining a manufacturer for exclusive distribution agreements and RPM but annuls the part of the decision regarding rebates (Royal Canin)
MAPP (Paris)
Background In a decision dated June 22, 2005, the French Competition Authority (“FCA”) imposed a fine of € 2,500,000 on Royal Canin, a manufacturer of pet food, and fines ranging from € 1,000 to € 1,500,000 on several of its wholesalers and retailers. The FCA held that (i) Royal Canin and its (...)

The UK Office of Fair Trading accepts commitments offered by a free news paper alleviating its exclusive distribution rights in London underground and train stations (Metro - Associated Newspapers Ltd.)
Freshfields Bruckhaus Deringer (London)
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King’s College (London)
On 1st March 2006 the OFT adopted a decision accepting binding commitments offered by Associated Newspapers Limited (ANL). Accordingly, the OFT closed its file in respect of an investigation into an alleged breach by ANL of UK and EC competition rules through the conclusion of contracts (...)

The Turkish Competition Authority fines € 4 M the telecom incumbent for abusive exclusive practices on the mobile phone market (Turkcell)
Jones Day (Paris)
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Gide Loyrette Nouel
Pursuant to Article 6 of the Law on the Protection of Competition n° 4054 (the “Law”), abuse of dominant position is prohibited (For a restatement of Turkish Competition provisions, see Prof. Dr. Ercüment Erdem, Overview on Turkish Competition Law, e-Competitions, n° 13152). It is forbidden for (...)

A US District Court holds that a drug manufacturer rebates to pharmacy benefits managers (PBM) for exclusive formulary listing do not violate the Sherman Act (Wyeth, J.B.D.L)
Jones Day (Washington)
A U.S. District Court in Ohio granted summary judgment for defendants in a class action suit alleging that a drug manufacturer’s rebates to pharmacy benefit managers in order to obtain an exclusive listing in the PBMs’ drug formulary violated Section 1 of the Sherman Act. The plaintiffs, (...)

A US Court of Appeals finds unlawful maintenance of dominant position on the market for sale of prefabricated artificial teeth (Dentsply International)
Sheppard Mullin (Los Angeles)
Dentsply International, Inc. In Violation Of Section 2 For Monopoly Maintenance Through Use Of Exclusivity Clauses* In a reversal of the dismissal of the Department of Justice Antitrust Division (DOJ) complaint, alleging violations of Section 1 and 2 of the Sherman Act and Section 3 of the (...)

The French Competition Authority orders interim measures regarding alleged abuses of dominant position in the mobile or fixed telephony sector and anticompetitive practices in the French overseas départements (Orange Caraïbe)
French Competition Authority (Paris)
Mobile telephony in Martinique, Guadeloupe and Guyana - The Conseil de la concurrence hands down interim measures against Orange Caraïbe.* On 9th July 2004, the Conseil de la concurrence received a complaint from the mobile telephony operator Bouygues Télécom Caraïbe. The complainant claimed that (...)

The German Competition Authority prohibits Europe’s largest supplier of spices to implement exclusivity clauses in its supply contracts (Fuchs Gewürze)
German Competition Authority (Bonn)
Bundeskartellamt prohibits Europe’s largest supplier of spices, Fuchs Gewürze, from hindering a competitor* The Bundeskartellamt has prohibited Fuch Gewürze GmbH & Co., Dissen, (Fuchs) from unfairly hindering its competitor, Hartkorn Gewürzmühle GmbH, Koblenz, (Hartkorn). Fuchs is Europe’s (...)

Mergers

The US FTC issues final changes to the premerger notification rules that require companies in the pharmaceutical industry to report certain proposed acquisitions of exclusive patent rights to the FTC and the DoJ for antitrust review
University of Michigan
Is the FTC Picking on the Pharmaceutical Industry Through New HSR Rules?* Effective December 16, 2013, Hart-Scott-Rodino (HSR) coverage of exclusive licenses of patents will change. As HSR practitioners know well, the Federal Trade Commission’s Premerger Notification Office (PNO) has (...)

The New York Attorney General settles remedies regarding the merger between two leading online food ordering services in Manhattan (Seamless / GrubHub)
Stanford University - Stanford Law School
NY Attorney General reaches settlement with two leading online food ordering services in Manhattan* On 5 August 2013 NY Attorney General stated that he reached a settlement with Seamless North America, LLC and GrubHub, two leading online food ordering services in Manhattan, in order to address (...)

The UK Competition Appeal Tribunal orders the Competition Commission to reconsider its clearance of a merger on the basis of absence of vertical concerns (Live Nation / Ticketmaster)
Herbert Smith Freehills (Brussels)
Following a reference of the case to it from the OFT, on 22 December 2009, the UK Competition Commission ("CC") announced that it had decided to clear unconditionally the proposed merger of Ticketmaster Entertainment Inc. ("Ticketmaster"), a ticketing agent, and Live Nation Inc. ("Live (...)

The Brussels Court of Appeal annuls Belgian Competition Council’s decision lifting merger remedies imposed on a cinema group (Kinepolis)
Van Bael & Bellis (Brussels)
In a judgment of 18 March 2008, the Brussels Court of Appeal annulled the Belgian Competition Council’s decision of 16 April 2007 lifting the conditions it had imposed in 1997 on the merger between Belgian cinema groups Bert and Claeys, which created leading Belgian cinema group Kinepolis. In (...)

The Spanish Competition Authorities assess an outsourcing project constituting a concentration in the retail distribution sector (Fuertes/Carrefour)
Herbert Smith Freehills (Madrid)
Carrefour, the largest supermarket and hypermarket retailer in Spain, has executed an agreement with Fuertes Group to outsource processing, handling, cutting and packaging services for meat, butcher products and cheese. Fuertes Group is a family holding company present in the food sector. (...)

The Portuguese Competition Authority approves a merger in the fuel sector subject, inter alia, to termination of exclusivity clause (Bensaude/Nicolau Sousa Lima Group)
Uria Menéndez (Lisbon)
On 23 October 2007, the Portuguese Competition Authority (the “AdC”) adopted a merger control decision according to Law 18/2003 of 11 June (the Portuguese Competition Act), providing clearance to the envisaged acquisition of sole control over the company NSL - Nicolau Sousa Lima, SGPS, S.A. (the (...)

The Brussels Court of appeal invalidates a decision by the Belgian Competition Council to lift the restrictions imposed on a cinema chain merger, and inter alia prohibition of exclusivity/priority clause (Kinepolis)
European Commission - DG COMP (Brussels)
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European Commission - DG COMP (Brussels)
Introduction On the 23rd of August 2007, the Brussels Court of Appeal accepted the request of UGC, Utopolis and FCB to revoke a decision by the Belgian Competition Council concerning the cinema chain Kinepolis. This latter decision lifted the restrictions imposed on Kinepolis in 1997 when the (...)

The Spanish Competition Authorities authorises an operation of concentration consisting of an exclusive license to distribute “Tampax” products in Spain and Portugal (Procter & Gamble/Arbora & Ausonia)
Herbert Smith Freehills (Madrid)
The Spanish Competition Authorities have recently considered that the license granted by Procter & Gamble to Arbora & Ausonia to use the “Tampax” brands for the distribution of “Tampax” products in Spain and Portugal constitutes an operation of concentration within the meaning of article (...)

The German Bundeskartellamt clears a merger in the online travel agency industry (Bild.de / T-Online)
European Court of Justice (Luxembourg)
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European Commission - DG ECFIN
"Internet Joint Ventures and the Quest for Exclusive Content: The T-Online Cases"* Introduction EC and national competition law issues arising from the marketing of ‘premium’ content, such as travel services and sports news, via the Internet were at the centre of several recent competition (...)

Procedures

The French Competition Authority imposes a duty to respect competition law in the multi-brand gift cards sector (Accentiv’Kadéos)
EDHEC (Nice)
Summary ACCENTIV’KADEOS had to accept to give up exclusive dealing agreements with its affiliated partners to comply with competition law. Facts On March 2, 2010, TITRES CADEAUX asked the French Competition authority to take interim measures against ACCENTIV’KADEOS to prevent them from dealing (...)

The French Commercial Supreme Court quashes the Court of Appeal decision in the iPhone case without any practical effect (Apple iPhone)
Vogel & Vogel
The Court of Cassation has quashed and annulled the decision by which the Paris Court of Appeal upheld the order for interim measures - which are very unusual - leading to the suspension of Orange’s exclusive deal to market the iPhone . According to the Court of Appeal, exclusive agreements (...)

The French Court of cassation rules that the Paris Court of appeals has not given a legal basis to its judgement confirming the NCA decision having put an end to an exclusive distribution agreement on the mobile phone market (Apple iPhone)
EDHEC Business School
Further to an agreement with Apple company, Orange became the exclusive carrier service provider and exclusive iPhone wholesaler over the French territory. Bouygues Télécom referred the matter to the French Competition Authority which ruled that this agreement seriously and immediately undermined (...)

The Luxembourg Minister of Economy intends to tackle unjustified price increases in the retail sector through the application of EC competition rules
Arendt & Medernach (Luxembourg)
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ID4green
1. On 29 February 2008 the Luxembourg Minister of Economic Affairs and the Minister of SMEs have made public a state of the play of the “Action Plan against Excessive Inflation” (Plan d’action contre une inflation excessive) of the Luxembourg government, in which competition law seems to play a (...)

An Austrian Court declares behavioural commitments concerning broadcasting rights of the skiing world cup binding upon the public TV/radio provider and the Austrian skiing association (ÖRF / ÖSV)
European Court of Justice (Luxembourg)
At the request of the Austrian Federal Competition Authority (Bundeswettbewerbs-ehörde ; “BWB”), the Vienna High Court in competition matters (Oberlandesgericht Wien als Kartellgericht), by (unpublished) order of 18 January 2008, in Case 26 Kt 42/06, adopted on the basis of Sec 27(1) of the (...)

A US District Court holds that the rule granting exclusive rights to produce “A” horse shows within a 250 mile radius was exempt from antitrust liability pursuant to the doctrine of implied antitrust immunity under the Amateur Sports Act (JES Properties / USA Equestrian)
Sheppard Mullin (Los Angeles)
Horse Show Governing Body Mileage Rule Against Competing Horse Shows Is Subject to Summary Judgment On Ground Of Implied Antitrust Immunity* Plaintiffs, promoters of “A” Hunter-Jumper Competitions on the Florida Winter Horse Show circuit, filed an action against USA Equestrian, Inc., (“USAE”), (...)

The Spanish Supreme Court holds that a single-branding agreement is null and void pursuant to Art. 81.2 EC, thus applying EC competition law for the first time (Rafael/DISA and Prodalca España)
London School of Economics
In February 1990 D. Rafael and DISA concluded a contract concerning the operation of a petrol station on premises owned by the latter and let to the former. DISA was obliged by virtue of the single-branding agreement to provide D. Rafael with petrol and other products, such as lubricants. As (...)

Regulations

The UK OFT finds that almost three-quarters of state schools continue to restrict the availability of uniforms fact that results in price differences to the detriment of parents (School uniforms)
University of Cambridge
Back to school for the OFT?* On 25 October 2012 the Office of Fair Trading announced that it had written to the head teachers of almost 30,000 State schools to draw attention to the high price of school uniforms. The high price is caused in part by 74% of schools requiring parents to purchase (...)

The US FTC issues a report on pharmaceutical patent settlements scrutinizing their interplay with authorized generics
Gibson Dunn (New York)
U.S. FTC Scrutinizes Interplay Between Authorized Generics and Patent Settlements* The U.S. Federal Trade Commission has recently released two reports relating to the pharmaceutical industry. A significant theme in both reports is a concern that brand name pharmaceutical companies are using (...)

The US FTC issues a report on authorized generic drugs expressing concern that they are being used to delay generic competition
Gibson Dunn (New York)
U.S. FTC Scrutinizes Interplay Between Authorized Generics and Patent Settlements* The U.S. Federal Trade Commission has recently released two reports relating to the pharmaceutical industry. A significant theme in both reports is a concern that brand name pharmaceutical companies are using (...)

The French Competition Authority issues an opinion on the maritime freight and mass retail distribution sector in the French overseas departments
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Maritime freight and mass retail distribution in the DOM: The Autorité de la concurrence recommends improving the operation of the competitive mechanisms in the markets in order to revitalize mass retail (...)

The French Competition Authority issues an opinion on TV content access exclusivity offers by Internet service providers
French Competition Authority (Paris)
TV content access exclusivity offers by Internet service providers: The Autorité de la concurrence states its position*. Exclusive access must remain an exceptional solution, strictly limited in time and scope. Auto-distribution appears to be a satisfactory balancing solution, to the benefit (...)

The French Competition Authority issues an opinion on the fuel prices in the French overseas departments
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Fuel prices in the overseas départments (DOM): The Autorité de la concurrence has ascertained deviations from the current regulation : it recommends strengthening the price regulations applicable to monopolies (...)

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