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Transport (road)

Anticompetitive practices

The Romanian Competition Council imposes fines on eight undertakings active on the taxi market for a tacit agreement aiming to fix the price for transportation (Pelicanul and Meridian)
Romanian Competition Council (Bucharest)
Fines on taxi market in Bucharest and Ilfov* The Competition Council has sanctioned with fines totaling 2,264,875 lei (505,021 Euro) 8 enterprises active on the taxi transportation market in Bucharest and Ilfov region for participation in a tacit agreement/ concerted practice to fix the tariff (...)

The Spanish Competition Authority fines airport incumbent and eleven car rental companies over €3.1 M for exchanging sensitive commercial information (Servicios comerciales AENA)
European Commission - DG COMP
On 2 January 2014 the recently created National Markets and Competition Commission (“CNMC”) imposed a fine of over €3.1 million on AENA, AENA Aeropuertos and eleven car rental companies for colluding over certain car rental contractual conditions as well as exchanging sensitive commercial (...)

The EU Court of Justice finds a firm which has infringed Article 101 TFEU may not escape imposition of a fine for the sole reason that the illegality of its conduct was erroneously assessed by its legal counsel or by a decision of a national competition authority (Bundeswettbewerbsbehörde / Schenker)
Philippe & Partners (Brussels)
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Liège University - IEJE
I. The Parties The Bundeswettbewerbsbehörde, the Federal Competition Authority in Austria. The Bundeskartellanwalt, the Federal Cartel Lawyer in Austria. Thirty-one undertakings, including inter alia Schenker & Co. AG (“Schenker”), members of the Spediteur-Sammelladungs-Konferenz (the (...)

The Spanish Competition Authority fines transport carriers for fixing prices, limiting production and sharing out the market for the road transport of containers originating from or destined for the port of Barcelona (ALTC, COTRAPORT, Barcelona Port Authority)
European Commission
Spain: The Comisión Nacional de la Competencia fines ALTC, COTRAPORT and Barcelona Port Authority in Road Transport of Containers Case* In its resolution of 10 January 2013, the Comisión Nacional de la Competencia (CNC) Council found that between January 2006 and March 2011, an agreement had (...)

The Croatian Competition Agency imposes the highest ever fine for a cartel in a case involving bus operators (Presečki grupa)
University of Zagreb - Faculty of Economics and Business
The Croatian Competition Agency adopted on 27 December 2012 a decision finding that four bus operators established a cartel between themselves. The fine that was pronounced by the Agency is the first significant fine since the Agency got the power to directly fine undertakings under the (...)

The Dutch Competition Authority fines taxi companies for bid rigging arrangements (Taxivervoer Rijnmond)
Smeets Van Empel advocaten (Amsterdam)
Introduction Following its investigations in 2009, the Dutch Authority for Consumers and Markets (hereinafter “ACM”) issued fines to several Dutch taxi companies for infringements of the Dutch cartel prohibition. According to the ACM the Rotterdamse Mobiliteit Centrale B.V. (hereinafter “RMC”) (...)

The Competition Authority of Bosnia & Herzegovina prosecutes the regional government for public procurement infringements that resulted in restriction of competition in the transports market (Centrotrans-Eurolines)
University of Technology (Tallinn)
On 18 April 2012 the Competition Authority of Bosnia and Herzegovina (KV) established that public procurement infringements by the Sarajevo cantonal Ministry of Education, Science and Youth (the Ministry) resulted in restriction of competition on the passenger transport market. The KV found (...)

The Argentinian Competition Authority concludes the investigation against five oil & gas corporations for imposing discriminatory and excessive prices to public transportation companies (YPF, Shell, Esso, Petrobras and Oil)
Computer and Communications Industry Association US (CCIA)
On 26 January, 2012 upon recommendation of Argentina’s National Competition Commission (ANCC), the Ministry of Economics & Finance ordered the 5 major oil & gas corporations -namely YPF (participated by Repsol YPF), Shell, Esso (Exxon Mobile), Petrobras and Oil- active in the Argentine (...)

The Serbian Competition Authority grants immunity from fines to a bus company for the notification of the price-fixing agreement with a competitor (Jeremic prevoz / Nis ekspres)
University of Technology (Tallinn)
On 24 November 2011 the Serbian Competition Authority (KZK) established that the two bus operators, Jeremic prevoz d.o.o. and Nis ekspres a.d. by concluding an agreement concerning joint transportation services and establishing uniform ticket prices have committed an infringement of the (...)

The Serbian Competition Authority sanctions two bus operators for entering into a pooling agreement and eliminating price competition between them (Lasta and Europa Bus)
University of Technology (Tallinn)
On 24 November 2011 the Serbian Competition Authority (KZK) established that two bus operators, Lasta a.d. and Europa-Bus d.o.o. by concluding a pooling agreement concerning cooperation on the bus route Valjevo-Belgrade-Valjevo have committed an infringement of the national equivalent of (...)

The Romanian Competition Authority clarifies the rules on application of the national equivalent of Article 101 TFEU in a taxi cartel case (Usi, Taxi Galant, Stotax)
University of Technology (Tallinn)
On 18 November 2011 the Romanian Competition Authority (CC) established that five taxi companies have conspired to set the uniform minimum tariff for the taxi transportation in the municipality of Baia Mare. The CC characterized the above action of the undertakings concerned as an (...)

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 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)
Freshfields Bruckhaus Deringer (Brussels)
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 Competition Authority of Bosnia & Herzegovina addresses anti-competitive regulations on the taxi market of one of the cantons (Ministry of Transport of the Sarajevo Canton and Assembly of the Sarajevo Canton)
University of Technology (Tallinn)
On 14 June 2011 the Competition Authority of Bosnia & Herzegovina (KV) established that the Assembly of Sarajevo canton and the Ministry of Transport of Sarajevo canton by adopting a series of sector-specific regulations have restricted competition on the market for taxi services on the (...)

The Spanish Competition Authority fines road transport forwarding agents cartel (Blue Water Shipping España, DHL Express Barcelona Spain, Deutsche Post...)
Van Bael & Bellis (Brussels)
According to a press release of 5 August 2010, the Spanish Competition Authority has fined seven undertakings active as road transport forwarding agents for entering into a price-fixing cartel concerning cross-border road transport. The undertakings involved were Blue Water Shipping España, DHL (...)

The European Court of Justice rejects an appeal on interim measures by a company facing financial difficulties (Ziegler)
Van Bael & Bellis (Brussels)
On 30 April 2010 a judgment by the ECJ had dismissed an appeal against the GC’s refusal of an application for interim measures by Ziegler SA. The application for interim measures had been lodged by Ziegler together with its appeal against a European Commission’s decision of 11 March 2008, which (...)

The Paris Court of Appeal dismisses appeals brought by companies involved in a price fixing and market sharing cartel (Le Club)
Van Bael & Bellis (Brussels)
On 25 February 2009, the Paris Court of Appeal dismissed appeals brought against a decision of the French Competition Council of 18 December 2007 in which it imposed fines totalling more than € 2 million on twelve removal companies for their involvement in a price-fixing and market sharing (...)

The Lazio Administrative Tribunal annuls a decision of Italian NCA in local public transport market (SITA, APM, CO.TR.I., RETITALIA, TP NET, 60 MC-Associazione)
Van Bael & Bellis (Brussels)
In two recently published judgments of April and May 2008, the Lazio Administrative Tribunal (“LAT”) has partially annulled two decisions of the Italian Competition Authority (“ICA”) finding that certain companies had concluded anti-competitive arrangements relating to the local public transport (...)

The European Commission fines international removal services companies (Allied Arthur Pierre, Ziegler..,)
Van Bael & Bellis (Brussels)
On 11 March 2008, the European Commission announced that it had imposed fines totalling € 32,755,500 on ten international removals companies for price fixing, market sharing and bid rigging in the field of international removals services in breach of Article 81 EC. The case was investigated at (...)

The Lithuanian Supreme Administrative Court confirms the NCA’s decision sanctioning taxi companies for price fixing through concerted practice (Martono taksi)
Sorainen (Vilnius)
In a decision dated 11 May 2006, the Lithuanian Supreme Administrative Court (LSAC) upheld the decision of the Vilnius District Administrative Court (VDAC) from 19 September 2006 with some corrections in the calculation of fines and confirmed the original decision of Lithuanian Competition (...)

The Netherlands Competition Authority intends to limit the exemption for the salvaging scheme for broken-down cars to motorways and provincial and municipal roads which fulfil an important role in the flow of traffic
Netherlands Authority for Consumers & Markets (The Hague)
NMa Not Satisfied with Implementation of Salvaging Scheme for Broken-Down Cars* The Netherlands Competition Authority (NMa) intends to limit the exemption for the salvaging scheme for broken-down cars to motorways and provincial and municipal roads which fulfil an important role in the flow of (...)

Dominance

The UK OFT decides it has no grounds to take further action against fuel card operator over alleged abuse of dominance (CH Jones)
The University of Manchester
The facts CH Jones is a subsidiary of Fleetcor Inc and in the course of its practice it issues fuel cards under its ‘Keyfuels’ brand. The latter are payment cards to access diesel on the road and are often used by firms with a fleet of large goods vehicles. CH Jones’ customers purchase diesel (...)

The Czech Supreme Administrative Court supports findings by the Office for Protection of Competition as regards relevant market definition in predatory pricing case (Student Agency)
Weil, Gotshal & Manges (Prague)
On 30 September 2013, the Supreme Administrative Court cancelled the judgment of Regional Court in Brno in the case regarding alleged predatory pricing by Student Agency (a leading bus transport company) and remanded the case back to it. The Regional Court in Brno previously quashed the (...)

The Czech Supreme Administrative Court cancells the judgment of the Regional Court in a predatory pricing case and provides guidance regarding the use of economic analysis (Student Agency)
Kinstellar (Prague)
Subject matter of the case On 3 November 2010 Student Agency, s.r.o. (“Student Agency”), a transport services and travel services provider was found guilty by the Office for Protection of Competition (the “Office”) for an abuse of its dominant position on the market for public passenger bus (...)

The UK Competition Appeal Tribunal awards exemplary damages against conduct calculated to make a profit exceeding the compensation payable (2 Travel Group / Cardiff City)
University of Dundee
Exemplary Damages in Competition Litigation* Much ink has been spilt following 2 Travel v. Cardiff Bus and Albion Water v. Dŵr Cymru Cyfyngedig on the subject of competition litigation in Europe. An axiom with varying justification is that European competition litigation must not embrace (...)

The Czech Supreme Administrative Court confirms that a failure to timely notify the suspension of public road transportation services amounts to an abuse of a dominant position under Czech law (DPÚK)
European Court of Justice (Luxembourg)
By a judgement rendered on 26 June 2013, the Supreme Administrative Court of the Czech Republic dismissed an appeal by Dopravní podnik Ústeckého kraje (DPUK), a bus line operator, against a lower-tier court judgement relating to an abusive suspension of public road transportation services. The (...)

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 Regional Court in Brno takes a strict view on relevant market definition by the Office for Protection of Competition (Student Agency)
Weil, Gotshal & Manges (Prague)
On 9 November 2012, Regional Court in Brno cancelled the decision of Chairman of the Office for Protection of Competition ("Office") in a case concerning an alleged abuse of dominant position in the form of predatory pricing by Student Agency in response to an entry by competing bus company (...)

The Austrian Cartel Court rejects Federal Competition Authority’s request to prohibit alleged abuse of market power by radio taxi providers
Van Bael & Bellis (Brussels)
On 27 September 2012, the Austrian Cartel Court (“the Court”) issued a press release announcing that it had rejected a request by the Austrian Federal Competition Authority (“FCA”) to prohibit an alleged abuse of market power on the part of the only two radio taxi providers operating in (...)

The President of the Polish NCA finds that a professional road transport association has restricted competition by imposing differentiated charges for distributing TIR vouchers (Association of International Road Carriers)
Orange (Warsaw)
The Association of International Road Carriers (AIRC), the largest Polish road transport industry association bringing together four thousand entities, has the exclusive right to distribute TIR vouchers in Poland. As AIRC website suggests, the AIRC members own almost all of the 100 thousand (...)

The UK Competition Appeal Tribunal imposes exemplary damages in a predatory pricing case in the bus services market (2 Travel / Cardiff Bus)
Sidley Austin (London)
2 Travel v Cardiff Bus – Making Commitments in Dominance Cases Less Attractive?* In early July 2012, the UK’s specialist competition court, the Competition Appeal Tribunal (“CAT”), adopted a judgment (“Judgment”) in which it awarded a claimant (2 Travel) exemplary damages in relation to predatory (...)

The Spanish Constitutional Court seems to set a fatal blow to regional competition authorities in a ruling concerning an abuse of dominance case in the bus transport sector (Madrid Southern Bus Station)
European Commission - DG COMP
Background On March 8, 2006 Aníbal S.L. – a firm providing services on the international passenger bus route Lisbon-Madrid-Paris, for which they held the mandatory administrative authorisation – sent a letter of complaint against the concessionaire of the Madrid Southern Bus Station (Esamsa) to (...)

The Swedish Market Court finds taxi traffic control companies’ additional fee for enhanced pre-ordering services abusive (Uppsala Taxi, Europark, Swedavia)
General Court of the European Union (Luxembourg)
On 23 November 2011, the Swedish Market Court handed down its judgment in Uppsala Taxi 100 000 AB (“Uppsala Taxi”) v. Europark Svenska Aktiebolag (“Europark”) and Swedavia AB (“Swedavia”). Uppsala Taxi brought proceedings against Europark and Swedavia (the “Defendants”) for an alleged abuse of a (...)

The Moldovan Competition Authority identifies anticompetitive actions of the public authorities in the international passenger transport market (AutoInterBus-Tur, Ministry of Transports and Road Infrastructure, Moldtrans-Tur, Eurolines Moldova)
University of Technology (Tallinn)
On 4 November 2011 the Moldovan Competition Authority (ANPC) held that the actions of the Ministry of Transports and Road Infrastructure (MTID) led to restriction of competition on the market for international passenger transport. The ANPC’s investigation commenced on 29 July 2010 following the (...)

The Moldovan Competition Authority finds excessive tariffs charged by the bus terminal operators for their ticketing services (Auto Terminals and Stations)
University of Technology (Tallinn)
On 13 May 2011 the Moldovan Competition Authority (ANPC) held that seven private bus terminal operators were imposing economically unjustified (excessive) charges for their ticketing services and thus committed an exploitative abuse of dominant position pursuant to the national equivalent of (...)

The English High Court finds London airport abused its dominant position in refusing competing car concierge services access to the arrivals forecourt (Heathrow Airport/Purple Parking and Meteor Parking)
DLA Piper
The English High Court has found that Heathrow abused its dominant position by refusing competing car concierge services access to the arrivals forecourts at Heathrow Airport. The case was brought by Purple Parking Limited (Purple) and Meteor Parking Limited(Meteor). Both Purple and Meteor (...)

The Turkish Competition Authority closes investigation into a state-owned intercity coach station for refusing to allocate a slot to a private coach company (KISOT)
University of Sussex
This study analyses the decision of the Turkish Competition Authority (TCA) in which it has closed its abuse of dominance investigation into the state-owned Kirikkale intercity coach station (KISOT) after six months from its previous cease-and-desist order to halt potentially abusive refusal to (...)

The Spanish Competition Authority adopts a decision on a abuse of dominant position in the transport sector (Estación Sur de Atobuses de Madrid)
Van Bael & Bellis (Brussels)
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Practising Law Institute
On 31 March 2008, the Spanish Competition Authority adopted a decision finding that Estación Sur de Atobuses de Madrid SA (“Estación Sur”) had abused its dominant position in breach of the Spanish provision equivalent to Article 82 EC. In this regard, the Spanish Competition Authority concluded (...)

Mergers

The French Competition Authority clears an acquisition of sole control on the market for public transportation subject to commitments (Transdev & Caisse des Dépôts et Consignations)
French Competition Authority (Paris)
Press release published on the official website of the French Competition Authority. The Autorité de la concurrence clears the acquisition of sole control of the Transdev group by the Caisse des Dépôts et Consignations subject to the maintenance of the commitments made in 2010*. On 26 April (...)

The Hungarian Competition Office rules on ancillary restraints and provides an overview of its related practice (Waberer/Szemerey)
lakatos, koves and partners
On 20 December 2012 the Hungarian Competition Office ("HCO") cleared a concentration between two Hungarian companies active in forwarding and logistics (Waberer’s Logisztika Kft. ("Waberer") as acquirer and Szemerey Transport Zrt. ("Szemerey") as target) and provided a useful summary of the (...)

The U.S. DOJ and the New York Attorney General challenge NYC tour bus joint venture
Jones Day (Houston)
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Milbank, Tweed, Hadley & McCloy (New York)
The U.S. Department of Justice and the New York State Attorney General have filed an antitrust lawsuit to dissolve a joint venture between two New York City tour bus companies that effectively merged their operations and eliminated competition between them. This enforcement action demonstrates (...)

The US DoJ conditions merger approval upon divestiture of supply contracts in 8 local school districts affecting the market for school bus transportation services (National Express / Petermann)
Akin Gump Strauss Hauer & Feld (Dallas)
On April 30, 2012, the Department of Justice announced a conditional approval of the merger between National Express Corporation and Petermann Partners Inc., hinging upon the divestiture of the merging firms’ service contracts in 8 local markets. National Express and Petermann serve as (...)

The UK Competition Commission publishes proposals to open up bus markets across the country to greater competition
European Commission
United Kingdom: Competition Commission makes Proposals to open up Bus Markets to greater Competition* On 6 October 2011, the UK Competition Commission (the CC) published proposals to open up bus markets across the country to greater competition. This is the latest stage in the CC’s (...)

The French competition authority clears a merger in the urban and intercity passenger road transport sectors subject to remedies after an in-depth examination (Veolia Environnement / CDC)
Herbert Smith Freehills (Paris)
,
In its decision dated 30 December 2010, the French competition authority (the «FCA») authorised, subject to certain commitments, the creation of a joint venture between Veolia Environnement(«Veolia») and the Caisse des Dépôts et Consignations (the «CDC») that will combine their respective transport (...)

State Aids

The EU Commission establishes that the compensation for the provision of inter-regional bus transportation services constitutes incompatible state aid as the requirement for ex ante determination of net costs has not been fulfilled (Simet)
College of Europe (Bruges)
Article published on Lexxion State Aid Blog The Perils of Ex Post Compensation of Public Services Obligations* Main points -* Providers of SGEI must maintain separate accounts. -* Parameters of compensation must be determined in advance. Ex-post formulation is not in conformity with State (...)

The EU Commission offers valuable guidance on the application of Regulation 1370/2007 on passenger transport services
College of Europe (Bruges)
Article published on Lexxion State Aid Blog Guidance on the Application of Regulation 1370/2007 on Passenger Transport Services* Main points Public service obligations may only be imposed where the market does not provide adequate services in terms of price and/or quality. The selection of (...)

The EU Commission finds the compensation of school bus and tram transport in the Land Rhineland-Palatinat to be compatible with the internal market (Landesbetrieb Mobilität Rheinland-Pfalz)
College of Europe (Bruges)
Price Discounts and Compensation for Public Service Obligations: A Case of Questionable Need for Aid* Main points SGEI can be defined and public service obligations can be imposed only when the market underprovides. The parameters of compensation must be determined in advance. Public service (...)

Procedures

The Moldovan Supreme Court of Justice quashes the NCA decision concerning anticompetitive practices in the road transport sector and limits the NCA’s powers (Micora-Trans)
University of Technology (Tallinn)
On 6 June 2012 the Moldovan Supreme Court of Justice (CSJ) upheld the judgment issued by the Chisinau Court of Appeals (CAC) against the infringement decision of the Moldovan Competition Authority (ANPC) where the latter established the violation of the basic principles of competition (...)

Regulations

The Finnish Competition Authority proposes a reform of taxi legislation in order to increase consumer choice and improve competition
Finnish Competition and Consumer Authority (FCCA)
FCAA: More competition in taxi services through legislative reform* The Finnish Competition and Consumer Authority (FCCA) has made an initiative to the Ministry of Transport and Communications for reform in taxi legislation. To increase competition and consumer choice, the setting of maximum (...)

The French Competition Authority submits its draft recommendations for public consultation and calls for the modernization of the conditions applicable for granting authorizations to operate routes
French Competition Authority (Paris)
Press release published on the official website of the French Competition Authority. The Autorité de la concurrence calls for greater competition within the interregional coach transport sector to enable consumers to benefit from cheaper transportation means which are moreover opening new (...)

The Swedish City Court finds violation of the competition law by chartering buses where the client is a party other than the municipality (Skelleftebuss)
Swedish Competition Authority (Stockholm)
Prohibition against Skelleftebuss’ bus charters* The Stockholm City Court has sided with the Swedish Competition Authority and found Skelleftebuss AB guilty of violating the Competition Act by chartering buses where the client is a party other than the municipality. "We are very pleased that (...)

The Romanian Competition Authority issues its opinion on proposed amendments to law on taxi services (Law n°38/2003)
European Commission
Romania: Competition Council’s Opinion on proposed Amendments to Law on Taxi Services* The Competition Council (the Council) has considered the latest envisaged amendments to the Taxi Law no. 38/2003 regarding taxi transport and taxi rental services (Taxi Law), which are found to be contrary to (...)

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