Transport

Anticompetitive practices

The Australian Competition and Consumer Commission grants interim authorisation to enable taxi operators organised in cooperative networks to make and give effect to agreements within the same co-operative network as to the maximum fares charged for booked and contracted work
Australian Competition and Consumer Commission
ACCC permits Victorian country taxi co-ops to agree prices in the short term* The Australian Competition and Consumer Commission has decided to temporarily exempt Victorian country taxi operators working in co-operatives from competition laws so they can agree the maximum prices for their (...)

The UK Southwark Crown Court allows reporting of the fact that at an earlier hearing the accused pleaded guilty to the charge of criminal cartel offence (Peter Nigel Snee)
University of East Anglia - CCP (Norwich)
Article published on Centre for Competition Policy blog. The First Real Test of Sentencing for the UK Cartel Offence* A former managing director charged with the UK’s cartel offence has pleaded guilty to the criminal offence of price fixing. Peter Nigel Snee pleaded guilty to fixing the price (...)

The US DOJ announces successful litigation of its first extradition for an alleged involvement with the marine hose cartel (Romano Pisciotti)
Sheppard Mullin (Washington)
What Does the First-Ever Extradition on an Antitrust Charge Mean for the Auto Parts Investigation?* On April 4, 2014, the U.S. Department of Justice, Antitrust Division announced a milestone victory, having successfully litigated its first extradition for an alleged antitrust violation. Romano (...)

The US DoJ obtains the extradition of an Italian citizen from Germany to US on a charge of participation in a price fixing cartel (Marine Hose)
Paul Hastings (Washington)
,
Primerio
Executives Beware: The Long-Arm of the U.S. Government Strikes Again* The long-arm of the U.S. government and its increasing willingness to pursue foreign nationals for alleged violations of U.S. law was further in evidence last Friday when the Antitrust Division of the U.S. Justice Department (...)

The DoJ obtains the first extradition of an executive on a charge of participation to a cartel (Marine Hose)
Jones Day (Los Angeles)
,
Jones Day (Washington)
U.S. DOJ Obtains First-Ever Extradition on Antitrust Charge* On April 4, 2014, the U.S. Department of Justice (“DOJ”) announced its first successful extradition to the United States on an antitrust charge. Romano Pisciotti, an Italian national and a former executive with Parker ITR Srl, was (...)

The Supreme Administrative Court of Lithuania refers to the Court of Justice of the European Union for a preliminary ruling about concerted practices relating to online sale of package tours (Eturas)
European Commission
Lithuania: Reference for Preliminary Ruling to ECJ in Case relating to Online Sale of Package Tours* On 17 January 2014, the Supreme Administrative Court of Lithuania (Supreme Court) referred to the Court of Justice of the European Union for a preliminary ruling in the case Eturas and others (...)

The French Supreme Court confirms the ability of NCAs to take action against anti-competitive agreements below de minimis thresholds (SNCF / Expedia)
Van Bael & Bellis (Brussels)
On 16 April 2013, the French Supreme Court ruled that national competition authorities (NCAs) are allowed to take enforcement actions against companies found to be in breach of Article 101 TFEU, despite market shares being below the thresholds established by the European Commission’s (...)

The UK OFT fines leading airlines for anti-competitive practices in relation to the pricing of passenger fuel surcharges (British Airways / Virgin Atlantic Airways)
European Commission
United Kingdom: British Airways to pay £ 58 500 000 (approximately € 71 515 000) Penalty in OFT Fuel Surcharge Decision* On 19 April 2012, the Office of Fair Trading announced its decision that British Airways (BA) and Virgin Atlantic Airways (VAA) engaged in anti-competitive practices in (...)

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 EU Commission imposes € 169 M on 14 international groups of freight forwarders for operating four price fixing cartels (Freight forwarders cartel)
Van Bael & Bellis (Brussels)
On 28 March 2012, the European Commission announced that it had fined 14 international groups of companies a total of € 169 million for participating in four distinct cartels. According to the press release published by the Commission, the aim of the participants in the cartel was to fix (...)

The Spanish Competition Authority fines the maritime transport companies operating in the Balearic Islands for participating in a cartel (Balearia Eurolineas, Maritimas, Compania Trasmediterranea and Islena Maritima de Contenedores)
University of Castilla-La-Mancha (UCLM)
The Spanish National Competition Commission has imposed fines of more than 54 million euros on the companies Transmediterránea, Balearia, Isleña Marítima de Contenedores, Sercomisa and Mediterránea Pitiusa for having participated in a cartel on the maritime passenger transport lines for cargo and (...)

The Spanish Competition Authority fines five ferry operators for participating in a cartel on the freight and passenger maritime transport in the Balearic Islands (Navieras Baleares)
Hogan Lovells (Madrid)
,
Linklaters (Madrid)
On 23 February 2012, the Council of the Spanish Competition Commission (the “Council”, the “SCC”) imposed combined fines of up to €54 million on Balearia Eurolíneas Marítimas, S.A. ("Balearia"), Compañía Transmediterránea, S.A.("Transmediterránea"), Isleña Marítima de Contenedores, S.A. ("Iscomar"), (...)

The Italian Competition Authority fines maritime agents’ cartel (Portual Commission of Assagenti)
European Commission
Italy: The Italian Competition Authority fines Maritime Agents’ Cartel* On 22 February 2012, the ICA concluded an investigation triggered by a leniency application concerning a cartel in the market for maritime agency services provided in the port of Genoa. Fines totalling more than € 4 000 000 (...)

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 (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 EFTA Surveillance Authority fines a Norwegian ferry company for anti-competitive practices (Color Line)
European Commission
ESA: The EFTA Surveillance Authority fines Ferry Company Color Line € 18 800 000 for infringing EEA Competition Rules* In February 2012, the decision of the EFTA Surveillance Authority (the Authority) of 14 December 2011, fining the Norwegian ferry company Color Line for an infringement of (...)

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 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
,
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 (...)

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 UK OFT issues a statement of objections confirming the immunity for a company in the airline fuel surcharges cartel case (Virgin)
University of East Anglia - CCP (Norwich)
Article published on Centre for Competition Policy blog. If Virgin Gets to Keep Its Immunity, Who is Responsible for the Collapse of the BA Trial?* This week the Office of Fair Trading announced that Virgin Atlantic would keep its immunity in the Passenger Fuel Surcharges cartel case. This (...)

The Spanish Competition Commission fines hauliers from port of Bilbao (Hauliers from Port of Bilbao)
European Commission
Spain: National Competition Commission (CNC) fines Hauliers from Port of Bilbao* The CNC Council has adopted on 26 October 2011 a resolution to impose fines totalling more than € 7 000 000 on the Vizcaya Union of Autonomous Hauliers (Sindicato de Transportistas Autónomos de Bizkaia - SINTRABI), (...)

A US District Court fines a Japanese company $3.3 M for its conspiracy to restrain trade on US freight forwarding market (Vantec Corporation)
Simmons & Simmons (London)
Background & Proceedings In 2011, the US District Court for the District of Columbia found that Vantec Corporation had violated Section One of the Sherman Act, i.e. conspiracy to restrain trade (15 U.S.C § 1). Vantec Corporation is a Japanese company, with its main business activities (...)

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 Italian Antitrust Authority concludes an investigation triggered by a leniency application concerning a cartel in the freight forwarding market (Freight-forwarding agents cartel case)
European Commission
Italy: Fines imposed in Freight-Forwarding Agents Cartel Case* On 15 June 2011, the ICA concluded an investigation triggered by a leniency application concerning a cartel in the freight forwarding market. The ICA ascertained that the main market players had coordinated their commercial (...)

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 Italian Competition Authority starts an investigation into an alleged price-fixing practice on the Sardinia-Continental Italy maritime routes (Corsica Sardina Ferries)
Desogus Law Office (Cagliari)
The Italian Competition Authority (ICA) has recently opened an Article 101 TFEU investigation into alleged price-fixing practice that a number of ferry operators would be carrying out on the market for Italy and Sardinia maritime links. The facts of the case Consumer associations and public (...)

The EU General Court partly annuls Commission’s State aid decision regarding an express transportation company hub in a German airport (DHL)
Van Bael & Bellis (Brussels)
In a judgment of 24 March 2011, the General Court was again called upon to rule on the validity of a decision adopted by the European Commission on 23 July 2008 with regard to an agreement concluded between DHL, FLH (the company operating Leipzig-Halle Airport) and MF (a company holding 94% of (...)

The Austrian Cartel Court terminates cartel proceedings on the basis of earlier de minimis ruling (Austrian transport industry)
Van Bael & Bellis (Brussels)
According to a press release of 24 February 2011, the Austrian Competition Authority (“ACA”) will appeal against a decision of the Austrian Cartel Court terminating proceedings against 40 transport companies that allegedly engaged in a cartel. In February 2010, the ACA had submitted a request to (...)

The UK High Court strikes out various competition law claims brought in relation to a landlord’s opposition to the granting of a new business tenancy under the Landlord and Tenant Act 1954 (Humber Oil Terminals Trustee/ Associated British Ports)
Francis Taylor Building
I. Overview In February 2011, the Chancery Division of the UK High Court (the «Court») struck out various competition law related claims put forward by Humber Oil Terminal Trustee Limited («HOTT», the claimant) to resist Associated British Ports’ («ABP», the defendant) attempts to end HOTT‘s business (...)

The UK Court of Appeal upholds a decision of the Competition Appeals Tribunal denying a claimant follow-on damages (Enron Coal Services/ English Welsh & Scottish Railway)
Francis Taylor Building
I. Overview In January 2011, the UK Court of Appeal (the “Court”) dismissed an appeal against a ruling of the UK Competition Appeal Tribunal (the “Tribunal”) that Enron Coal Services Ltd (“Enron”) was not entitled to follow on damages against English Welsh and Scottish Railway Ltd (“EWS”). The Court (...)

The Swedish Competition Authority focus on the notion of single economic entity in price fixing cartel case (Scandorama and Ölvemarks Holiday)
Stockholm University
On 9 December 2010, the Swedish Competition Authority (“the Competition Authority”) initiated proceedings in the Stockholm City Court against the two bus companies Ölvemarks Holiday AB and Scandorama AB. According to the Competition Authority, the two companies have engaged in a price fixing and (...)

The European Commission fines 11 air cargo carriers more than € 799 M for price-fixing cartel (Airfreight cartel)
Van Bael & Bellis (Brussels)
On 9 November 2010, the Commission announced its decision to fine eleven air cargo carriers a total of € 799,445,000 for their involvement in a worldwide price-fixing cartel in the airfreight services sector. Air cargo carriers provide their services to freight forwarders, who arrange the (...)

The Danish Competition Council adopts commitment decision to remove a prohibition against resale of ferry tickets for freight (Scandlines)
European Commission
Denmark: Scandlines - Commitments to remove a Prohibition against Resale of Ferry Tickets for Freight On 27 October 2010, the Competition Council adopted a decision which renders legally binding the commitments offered by Scandlines to remove a prohibition against the resale of ferry tickets (...)

The German Competition Authority fines a company airline for coordinating ticket prices for flights to Turkey (Condor Flugdienst)
European Commission
Germany: Fine imposed for coordinating Ticket Prices for Flights to Turkey On 28 September 2010, the Bundeskartellamt imposed a fine of € 1,200,000 on Condor Flugdienst GmbH for its involvement in an illegal agreement on the prices of flights from Germany to Turkey infringing national (...)

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 (...)

A U.S. District Court allows challenge to alleged conspiracy formed through public statements (AirTran, Delta)
Jones Day (Washington)
,
Jones Day (Houston)
,
Jones Day (Washington)
A recent court decision on alleged “signaling” of competitive plans between airlines highlights the antitrust risks of making detailed public statements about future business plans. On August 2, 2010, a federal district court in Atlanta refused to dismiss an airline passenger class action (...)

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 Hungarian Competition authority imposes fines for bid rigging cartel in the railroad construction sector (Colas, MÁVÉPCELL, MÁV MTM, Szentesi Vasútépítő and Vasútépítők)
King’s College (London)
On 9 June 2010, the Hungarian Competition Authority (Gazdasági Versenyhivatal, GVH) adopted an infringement decision establishing that Colas Zrt., MÁVÉPCELL Kft., MÁV MTM Zrt., Szentesi Vasútépítő Kft. and Vasútépítők Kft. colluded and agreed to share the market, on the principles to be followed and in (...)

The Swedish Competition Authority orders three undertakers to pay administrative fines for anticompetitive cooperation in the form of collusive tendering in public procurement processes (Funeral services)
Vinge (Stockholm)
,
Vinge (Stockholm)
,
Vinge (Stockholm)
Introduction On May 19, 2010, the Swedish Competition Authority (“SCA”) ordered the three undertakers (funeral directors), Fonus ekonomisk förening (”Fonus”), Säffle-Åmåls Begravningsbyrå AB (”Säffle-Åmåls”) and Begravningsbyrån Roland Andersson Aktiebolag (“Roland Andersson”) to pay administrative fines (...)

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 UK Competition Authority issues statement of objections against two airlines (Cathay Pacific Airways, Virgin Atlantic)
European Commission
United Kingdom: The Office of Fair Trading (OFT) issues Statement of Objections against Cathay Pacific Airways and Virgin Atlantic On 22 April 2010, the Office of Fair Trading issued a Statement of Objections alleging that Cathay Pacific Airways and Virgin Atlantic infringed competition law (...)

The French Competition Authority sanctions container-handling companies for restrictive agreements (Perrigault, TPO)
European Commission
France: The Autorité de la concurrence sanctions four Container-Handling Companies for Restrictive Agreements in Le Havre Harbour On 15 April 2010, the French Competition Authority sanctioned with a € 625,000 fine four container handling companies active in the Le Havre harbour (north of (...)

The European Commission consults on remedies in the airline sector (Iberia, British Airways, American Airways)
Van Bael & Bellis (Brussels)
On 10 March 2010, the European Commission opened a consultation on remedies offered by British Airways (“BA”), American Airlines (“AA”) and Iberia in the context of its review of the airlines’ envisaged cooperation relating to transatlantic flights under Article 101 TFEU. The three airlines have (...)

The Paris Court of Appeal rejects appeals in the online travel sales sector for vertical practices and abuse of dominance under both EC and national provisions (SNCF / Expedia)
Novartis (Rueil-Malmaison)
BACKGROUND The Paris Court of Appeals (hereafter “the Court”) confirms a decision by the French Competition Council (hereafter “the Council”) which fined SNCF and Expedia, Inc. (hereafter “Expedia”) in a decision No. 09-D-06 of 5 February 2009. The appeal was brought by Karavel (a travel agency, (...)

The Austrian Competition Authority files an application for the imposition of fines against a cartel in the freight forwarding sector (Speditions-Sammelladungs-Konferenz)
European Commission
Austria: The Federal Competition Authority (BWB)’s Investigation of the Freight Forwarding Sector: another Cartel uncovered On 18 February 2010, the Federal Competition Authority (BWB) filed an application to the Cartel Court for the imposition of fines against all members of the association (...)

The European Commission investigates the remedies proposed by airlines in the context of envisaged cooperation relating to transatlantic flights (British Airways, American Airlines, Iberia)
Van Bael & Bellis (Brussels)
The European Commission has recently confirmed that it is investigating the sufficiency of remedies proposed by British Airways, American Airlines and Iberia in the context of its review of the compatibility of the airlines’ envisaged cooperation relating to transatlantic flights with Article (...)

The Italian Competition Authority launches an investigation into possible anticompetitive agreements involving a trade association and international freight forwarders (Fedespedi)
European Commission
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 European Commission accepts commitments proposed by UK Association in the ship classification market (International Association of Classification Societies)
European Commission - DG COMP
,
European Commission - DG DEVCO
"Commitment decision in the ship classification case: Paving the way for more competition"* I. Introduction On 14 October 2009, the Commission adopted a decision under Article 9(1) of Regulation 1/2003 that renders legally binding commitments offered by the International Association of (...)

The Serbian Competition Authority annulls an anticompetitive agreement concluded by five bus operators fixing ticket prices on the regular routes between Serbia and Germany (Panonijabus, Lasta, ATP Vojvodina, Severtrans, Nis-Ekspres)
University of Technology (Tallinn)
On 2 October 2009 Serbian Competition Authority (KZK) established existence of an anticompetitive agreement concluded by several bus companies for the purpose of limiting competition on regular bus routes between Serbia and Germany. Specified agreement labeled “Pool T-488” was concluded between (...)

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 UK’s Office of Fair Trading proposes an in-depth Competition Commission market investigation into the market for local bus services
RBB Economics (London)
On 20 August 2009 the Office of Fair Trading (OFT) proposed to refer the market for local bus services to the Competition Commission (CC) after a five month investigation and invited submissions on its proposal. The market excludes London and Northern Ireland, which were found to have (...)

The Belgian Competition Council considers an agreement between two transport companies to be compatible with national law... after three years of proceedings (De Boeck and Nidco, "Bruxelles city tour")
Liège University - IEJE
,
Misson (Liège)
The Belgian Competition Council considers an agreement between two transport companies to be compatible with article 2 of the Belgian Competition Law I. The Parties “De Boeck Invest NV” is a holding company. It holds 99,56% of “Autocars Henri De Boeck en reizen André Leloup NV” (“De Boeck”), a (...)

The English High Court strikes out a representative claim brought on behalf of “all other direct or indirect purchasers of air freight services”, refusing to stretch the scope of the English civil procedure rules in order to encourage the bringing of private damages actions (Emerald Supplies & ANR / British Airways)
European Commission - DG COMP
In striking out a representative claim brought on behalf of “all other direct or indirect purchasers of air freight services”, the English High Court has refused to stretch the scope of the English civil procedure rules in order to facilitate the bringing of such damages actions. Background The (...)

The UK Competition Commission publishes the conclusions of its rolling stock leasing market investigation (Rolling Stock Leasing Market Investigation)
KPMG (London)
1. Introduction and background In April 2007 the Office of the Rail Regulator made a reference under section 130 of the Enterprise Act 2002 to the Competition Commission (CC) requesting an investigation into the leasing of rolling stock for the provision of passenger services in the UK and, (...)

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 French Competition Council finds the incumbent rail operator guilty of implementing discriminatory practices in favor of its online travel subsidiaries and for entering into an anti-competitive partnership (SNCF /Expedia)
Kramer Levin Naftalis & Frankel (Paris)
,
Orrick, Herrington & Sutcliffe (Paris)
I. Facts The French rail operator SNCF enjoys a legal monopoly on passenger rail transport. However, train tickets themselves are sold through three main distribution channels : SNCF’s physical sales points as well as its merchant website operated by its VSC subsidiary (which altogether account (...)

The Hellenic Competition Commission imposes fines for prohibited vertical agreement in breach of Art. 81 EC and mirror national provisions relating on the port services market (Piraeus Port Authority/Mediterranean Shipping Company)
University of Southampton
1. The alleged infringement The case concerned a contract of provision of port services between the Piraeus Port Authority SA (hereinafter PPA) and Mediterranean Shipping Company SA (MSC). It specifically provided that the ships of the MSC would have priority in using the infrastructure of the (...)

The Belgian NCA dismisses an action for interim measures against the granting of a public tender for the provision of self-service bike hire system (Decaux)
Brown Brothers Harriman (BBH) (Luxembourg)
,
Arendt & Medernach (Luxembourg)
Facts surrounding the case 1. On 15 March 2008, the Ministers’ Council of the government of Brussels-Capital Region invited tenders for the award of a concession for the setting-up of an automated and publicly accessible bicycle rental system in the Brussels-Capital Region for a nominal fee. (...)

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 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 (...)

The European Commission adopts new guidelines on the application of Article 81 of the EC Treaty to the maritime sector
European Commission - DG COMP
,
European Commission - DG COMP
"The new Guidelines on the application of Article 81 of the EC Treaty to the maritime sector"* On 1 July 2008, the European Commission adopted guidelines on the application of Article 81 of the EC Treaty to maritime transport services (‘the Guidelines’). This followed a public consultation in (...)

The Spanish Competition Authority issues a report on the fixing of minimum rates for road cargo transportation
Pontificia Comillas University - ICADE
On 17 June 2008, the Spanish Competition Authority (Comisión Nacional de la Competencia, hereinafter CNC) issued, at the request of the Ministry of Public Works and Infrastructure, a report on the fixing of minimum rates for road cargo transportation and its effect on competition under both (...)

A Portuguese Court annuls Competition Authority’s finding of a price fixing and market sharing cartel in the market for fire-fighting helicopters (Helicopters’ cartel)
PLMJ (Lisboa)
I. The facts and the administrative proceedings In October 2007, the Portuguese Competition Authority (the “PCA”) issued a decision finding a price-fixing and market-sharing cartel between Aeronorte and Helisul in their reply to the public tender for helicopters to fight forest fires, and (...)

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 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 Estonian Competition Authority ends proceedings against two oil tanking terminal operators without finding existence of anticompetitive agreements (Oiltanking Tallinn v. Alexela Terminal)
EFTA Surveillance Authority
Introduction On 17 January 2008 the Estonian Competition Authority (hereinafter: Authority) made a decision in two cases that were initiated in connection with a dispute between majority and minority shareholders (Alexela Terminal, AT) of Oiltanking Tallinn (OTT), a company providing oil (...)

An Estonian Court rules in a criminal case concerning an attempt to fix prices, share markets and engage in collective boycott in the freight services market (Oleg Ossinovski and Spacecom)
COBALT Legal
On 21 December 2007, the Harju County Court (a court of first instance) convicted a railway freight services provider, AS Spacecom (“Spacecom”), and its management board member Oleg Ossinovski of an attempt to agree on restrictions of competition with its main competitor Eesti Raudtee (Estonian (...)

The French Competition Council fines € 3.3 million 5 companies for sharing information and agreeing on prices in public bids in the sector of aerial navigation (Thales, Ineo, Spie)
TokyWoky
The 18th of December 2007, the French « Conseil de la Concurrence », applying L. 420-1 of the Commercial Code, condemned 5 companies to pay a € 3.3 million fine for sharing information and agreeing on prices while responding to public procurement calls for tenders organised by the STNA (technical (...)

The Italian Competition Authority fines EUR 10 million 15 local public transport operators for collusive tendering (Servizi Aggiuntivi nel Trasporto Pubblico nel Comune di Roma)
Desogus Law Office (Cagliari)
The Italian Competition Authority (ICA) has condemned 15 bus operators, SITA, APM, COTRI, ACTV, GTT, Transdev, ATCM, Trambus, ATC Bologna, ATAF, ATC La Spezia, ATP, Tempi, TEP and APAM, for collusive tendering carried out since 2001 until 2007. The penalised firms agreed to coordinate their (...)

The Paris Court of Appeals upholds the French Competition Council’s decision on the railway laying and maintenance cartel but reduces fines (SNCF/ETF and SPTV)
Simmons & Simmons (Paris)
,
Hewlett Packard (Boulogne-Billancourt)
On 2 October 2007, the Paris Court of Appeals (the "Court of Appeals") upheld a decision issued by the Conseil de la concurrence (the "Competition Council") in Decision n° 06-D-15 dated 14 June 2006 relating to practices implemented in the railway laying and maintenance sector. In this decision, (...)

The Portuguese Competition Authority fines € 185.000 three undertakings implicated in a cartel operating on the tug services market in the Port of Setúbal (Rebonave, Rebosado and Lutamar)
University of Lisbon
,
Abreu Advogados
On 23 April 2007 the Portuguese Competition Authority (PCA) imposed fines in the amount of € 185.000 on three undertakings active in the market for tug services in the commercial port of Setúbal, a port located 50 km south of Lisbon which is particularly important for the import and export of (...)

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 Greek Competition Commission fines € 9 M refineries for price coordination in the jet aviation fuel sector (IATA/ El.PE.-Motor Oil)
University College London
Factual Background A. The Complaint IATA, the International Organization for Jet Aviation services, lodged a complaint against EL.PE SA and Motor Oil SA, major oil refineries operating in the Greek market, concerning the uniform application of prices in the sector of Jet Aviation Fuel. The (...)

The European Commission adopts a block exemption regulation concerning consultations on passenger tariffs on scheduled air services and slot allocation at airports (Regulation (EC) no 1459/2006)
European Commission - DG COMP
,
European Commission - DG TRADE
"Commission brings air transport in line with other industries by phasing out the block exemptions that have existed in this sector since 1988"* On 28 September 2006, the Commission adopted Regulation (EC) No 1459/2006 on the application of Article 81(3) of the Treaty to certain categories of (...)

The Council of the EU adopts the European Commission’s proposal to repeal regulation block exemption concerning maritime transport for liner conferences (Regulation (EC) No 1419/2006)
European Commission - DG COMP
,
European Commission - DG COMP
"Milestones in maritime transport: EU ends exemptions"* On 25 September 2006, the Competitiveness Council unanimously adopted the Commission’s proposal to repeal the block exemption for liner conferences on routes to and from the EU. This is a historic date since the EU is the first (...)

The Paris Court of Appeal upholds the NCA decision fining a cartel in the public passenger urban transport market with reference to the EC Commission’s notice on effect on trade (Keolis - Connex - Transdev)
Kramer Levin Naftalis & Frankel (Paris)
,
Eversheds Sutherland (Paris)
Background In a decision dated July 5, 2005 (See J.-P. de la Laurencie et M. Courtaigne-Op, The French Competition Authority fined three French major companies for implementing a cartel in the public passenger urban transport market, with potential appreciable effect on trade between Member (...)

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 European Commission proposes to repeal the liner conference block exemption regulation
European Commission - DG COMP
,
European Commission - DG COMP
"The Commission proposes to repeal the Liner Conference Block Exemption"* On 14 December 2005 the Commission adopted a proposal for a Council Regulation repealing Council Regulation 4056/86 applying Articles 81 and 82 EC to maritime transport services and amending Regulation 1/2003 to extent (...)

The Polish Competition Authority fines five taxi companies for entering into an anti-competitive price fixing agreement (Echo Taxi, Tele Taxi a.o.)
Lupinska & Lupinski
,
Robert Jędrzejczyk i Wspólnicy Spółka komandytowa
OCCP, Miejskie Przedsi?biorstwo Taksówkowe, Stowarzyszenie Kierowców “ECHO TAXI”, Stowarzyszenie Kierowców “TELE TAXI”, Zwi?zek Przedsi?biorców Transportowych, Zrzeszenie Transportu Prywatnego w Katowicach, 04/03/2005, doc. A In May 2004, the representatives of five local taxi companies from the (...)

The Austrian cartel Court rejects the complaint of resale price maintenance against the new distribution system of an airplane company (Lufthansa)
Reidlinger Schatzmann Rechtsanwälte
In summer 2004, after Deutsche Lufthansa AG had terminated all their contracts with Austrian travel agencies in April 2004 (taking effect from October 2004), the Austrian travel agencies’ trade association complained to the Austrian Federal Competition Authority [Bundeswettbewerbsbehörde (BWB), (...)

The French Competition Authority catches a defensive cartel of maritime transport carrier companies for abusive pricing on the basis of both national and EC competition laws (Channel Islands)
Avocat au barreau de Paris
The 21 December 2004, the French Competition Council issued a decision, under articles L. 420-1 of the Commercial Code and 81 of the EC Treaty, relating to concerted practices on the market of maritime connections to the Channel Islands from France. In the context of the recent entry into (...)

The Administrative Court of Appeal of Athens upholds a decision of the Competition Authority condemning the two major national airlines for concerted practice (Olympic Airways/Aegean Airlines)
Hellenic Competition Authority (Athens)
The case concerned the common conduct from the two major Greek airlines (100% of the internal market) to travel agencies during 2001 and 2002. This behaviour has been condemned by the Greek Competition Authority (Hellenic Competition Commission, thereafter HCC) in 2003 (Decision 249/III/2003). (...)

The European Commission proposes effective enforcement rules for air transport between the Community and third countries
European Commission - DG COMP
"Commission proposes effective enforcement rules for air transport between the Community and third countries"* 1. Introduction On 24 February 2003 the Commission adopted a Proposal for a Council Regulation amending two existing regulations in the air transport sector as well as amending (...)

The European Commission clears joint venture of nine European airlines companies creating an online travel agency (Opodo)
European Commission - DG COMP
"Commission clears online travel agency Opodo"* Introduction Opodo is an online travel agent created as a joint venture by nine of the largest European airlines. It was notified to the Commission in November 2000. Opodo offers internet travel agency services including airline ticket sales, (...)

The European Commission adopts a decision granting exemption to aspects of the revised Trans-Atlantic Conference Agreement (TACA)
European Commission - DG COMP
"The Revised TACA Decision — The end of the conflict?"* 1. Introduction On 14 November 2002, the Commission adopted a long-awaited decision granting exemption to those aspects of the revised Trans-Atlantic Conference Agreement that fall within the scope of either Regulation 4056/86 (but (...)

The European Commission closes investigation into two transatlantic aviation alliances (Lufthansa/SAS/United Airlines and KLM/NorthWest)
European Commission - DG COMP
"Commission closes investigation into Lufthansa/SAS/United Airlines and KLM/NorthWest alliances"* I. Introduction On 28 October 2002 the European Commission decided to close its investigations under Article 85 (ex 89) of the Treaty into two transatlantic aviation alliances, that is the (...)

The German Competition Authority conducts an inquiry on the suspicion that removal firms concluded price-fixing and market allocation agreements regarding contracts for shipping household effects (US armed forces)
German Competition Authority (Bonn)
Search conducted in removal firms in close coordination with US cartel authorities* Parallel to investigatory measures by the US competition authorities, the Bundeskartellamt conducted a search operation on 31 July 2002 on the suspicion that removal firms have for several years concluded and (...)

The European Commission grants an exemption on the basis of art. 81(3) of the EC Treaty concerning a cooperation agreement in the air transport sector (Lufthansa/Austrian Airlines)
European Commission - DG COMP
"Aviation: Combining network synergies and competition — the Commission’s approval of the LH-AuA Alliance"* 1. Introduction The liberalisation of the European air transport market during the 1990s has triggered a process of consolidation in the European airline industry. Apart from mergers, (...)

The European Commission renews block exemption regulation for passenger tariffs conferences for the purpose of interlining in Regulation EC No 617/93
European Commission - DG COMP
"Aviation: Renewal of block exemption Regulation 1617/93"* On 25 June 2002 the Commission adopted Regulation (EC) No 1105/2002, renewing the block exemption for passenger tariffs conferences for the purpose of interlining in Regulation EC No 617/93 until 30 June 2005. The renewal is (...)

The European Commission raises competition concerns about cooperation agreement between French and Italian airlines companies (Air France, Alitalia)
European Commission - DG COMP
,
"Aviation: Commission raises competition concerns about co-operation agreement between Air France and Alitalia"* In November 2001, Air France and Alitalia notified to the Commission a number of co-operation agreements and requested an exemption under Regulation 3975/87, the regulation which (...)

The Italian Competition Authority condemns a ferry operator for predatory pricing on the basis of an incremental cost standard (Tourist-Caronte group)
Desogus Law Office (Cagliari)
The Italian Competition Authority (ICA) penalized a ferry operator, the Tourist-Caronte group (T-C) active across the Strait of Messina, for predatory pricing. Interestingly, in this case the ICA did not apply the EU predatory test as set out in the AKZO case which incorporated the standards of (...)

The European Court of First Instance confirms the Commission’s decision in a price fixing case in the shipping sector clarifying the scope of regulation 4056/86 concerning the application of articles 85 and 86 of the EC Treaty to the maritime transports (Compagnie Générale Maritime and others v. Commission)
European Commission - DG COMP
"Recent judgments in the liner shipping sector"* 1. Introduction On 28 February 2002, the European Court of First Instance (the CFI) delivered three judgments of great importance for EU maritime competition policy. Ruling on appeals brought against the 1994 TAA and FEFC decisions and 1996 (...)

The European Court of First Instance clarifies the application of the EU liner conference block exemption (Atlantic Container Line)
European Commission - DG COMP
"Recent judgments in the liner shipping sector"* 1. Introduction On 28 February 2002, the European Court of First Instance (the CFI) delivered three judgments of great importance for EU maritime competition policy. Ruling on appeals brought against the 1994 TAA and FEFC decisions and 1996 (...)

The European Court of First Instance upholds the Commission’s decision concerning a price fixing case in the shipping sector (Trans-Atlantic Conference Agreement)
European Commission - DG COMP
"Recent judgments in the liner shipping sector"* 1. Introduction On 28 February 2002, the European Court of First Instance (the CFI) delivered three judgments of great importance for EU maritime competition policy. Ruling on appeals brought against the 1994 TAA and FEFC decisions and 1996 (...)

The European Commission and the UK OFT raise concerns about a proposed alliance between British and US companies airlines (British Airways/American Airlines)
European Commission - DG COMP
"Air transport — The proposed British Airways-American Airlines alliance"* In August 2001, the Commission, the UK Office of Fair Trading (‘OFT’) and the US Department of Transportation (‘DoT’) were informed of the intention of British Airways (‘BA’) and American Airlines (‘AA’) to deepen their (...)

The European Commission fines nordic airlines companies for market-sharing (Scandinavian Airlines System (SAS) and Maersk Air)
European Commission - DG COMP
"Commission fines Scandinavian Airlines System (SAS) and Maersk Air for market-sharing"* On 18 July 2001, the Commission decided to fine Scandinavian airlines SAS and Maersk Air € 39 375 000 and € 13 125 000 respectively for sharing markets on the routes to and from Denmark. SAS is a consortium (...)

The European Commission investigates the amended agreements underlying the creation of an online travel agency on the basis of Articles 81 and 82 in order to uncover any possible restrictions of competition, in particular in the (online) travel agency services market and the ISP/portal markets (T-Online international, TUI, Thomas Cook)
European Court of Justice (Luxembourg)
,
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 (...)

The European Commission approves a liner shipping consortium (Europe to Caribbean Consortium)
European Commission - DG COMP
,
European Commission - DG COMP
,
European Commission - DG COMP
"Commission clears two liner shipping consortia"* In October and December 2000 the Commission received two notifications of agreements envisaging the formation of consortia of liner shipping companies in the sense of Regulation 823/2000. The former consists of several such companies wanting (...)

The European Commission grants an individual exemption under article 81(3) of the EC Treaty for the creation of a joint venture between airlines (British Midland International/Lufthansa/SAS)
European Commission - DG COMP
"Commission approves British Midland International joining STAR alliance"* On 1 March 2000 the airlines British Midland International (bmi), Lufthansa and SAS (hereinafter ‘The Parties’) notified to the European Commission a co-operation agreement in accordance with Regulation 3975/87 for a (...)

The European Commission grants an individual exemption under art. 85(3) of EC Treaty to a consortium agreement under which the shipping companies operate a joint service on a jointly agreed schedule at jointly agreed tariff and service arrangement rates (Finncarriers/Poseidon Schiffart)
Hong Kong’s Competition Commission
,
European Commission - DG COMP
,
European Commission - DG COMP
"Maritime Transport : Commission Gives Green Light To Five Consortium Agreements"* On the basis of proposals from Mr Van Miert, the Commission has recently authorised a series of consortium agreements in the maritime transport sector. These are the first cases involving the application of the (...)

The European Commission authorizes a consortium agreement under which the shipping companies operate a joint liner service between the port of Montreal and various ports in the eastern Mediterranean (Joint Mediterranean Canada Service)
Hong Kong’s Competition Commission
,
European Commission - DG COMP
,
European Commission - DG COMP
"Maritime Transport : Commission Gives Green Light To Five Consortium Agreements"* On the basis of proposals from Mr Van Miert, the Commission has recently authorised a series of consortium agreements in the maritime transport sector. These are the first cases involving the application of the (...)

The European Commission gives green light to a consortium agreement under which the shipping companies operate a joint liner service for the transport of goods between two British ports and a Polish port (British ports of Hull and Felixstowe and Polish port of Gdynia)
Hong Kong’s Competition Commission
,
European Commission - DG COMP
,
European Commission - DG COMP
"Maritime Transport : Commission Gives Green Light To Five Consortium Agreements"* On the basis of proposals from Mr Van Miert, the Commission has recently authorised a series of consortium agreements in the maritime transport sector. These are the first cases involving the application of the (...)

The European Commission authorizes a consortium agreement under which the shipping companies operate a joint liner service between ports in Europe and ports in East Africa and the red sea (East African Container Service)
Hong Kong’s Competition Commission
,
European Commission - DG COMP
,
European Commission - DG COMP
"Maritime Transport : Commission Gives Green Light To Five Consortium Agreements"* On the basis of proposals from Mr Van Miert, the Commission has recently authorised a series of consortium agreements in the maritime transport sector. These are the first cases involving the application of the (...)

The European Commission gives green light to a consortium agreement in the maritime transport under which the shipping companies operate a joint liner service between the port of Montreal and various ports in north-west Europe (St Lawrence Coordinated Service)
Hong Kong’s Competition Commission
,
European Commission - DG COMP
,
European Commission - DG COMP
"Maritime Transport : Commission Gives Green Light To Five Consortium Agreements"* On the basis of proposals from Mr Van Miert, the Commission has recently authorised a series of consortium agreements in the maritime transport sector. These are the first cases involving the application of the (...)

The President of the European Court of First Instance orders interim measures against transport companies concerning the use of the fixed link under the English channel (Eurotunnel, SNCF, BR)
"Order of the President of the Court of First Instance of 12 May 1995 in Cases T-79/95R & T-80/95R, Société Nationale Des Chemins de Fer Français (SNCF) & British Railways Board (BR) -v- Commission"* Sector: Competition - Article 85 - Regulation 1017/68 applying rules of competition to (...)

The European Commission adopts new block exemption for liner shipping companies (Reg. No 870/95)
Hong Kong’s Competition Commission
,
European Commission - DG COMP
,
European Commission - DG COMP
"Principal Features of Commission Regulation No 870/95"* This favourable treatment on the part of the Commission is explained by the advantages brought about by consortia. In general, they help to improve not only productivity but also the quality and the frequency of the liner transport (...)

Dominance

The Australian Competition and Consumer Commission identifies reform priorities to support competition at domestic growing container ports
Australian Competition and Consumer Commission
ACCC identifies reform priorities to support competition at Australia’s growing container ports* In its 15th annual monitoring report, the Australian Competition and Consumer Commission has highlighted that further economic reforms are required if future benefits of continuing industry reforms (...)

The European Commission market tests commitments proposed by German railway incumbent concerning pricing system for traction current in Germany (Deutsche Bahn)
Van Bael & Bellis (Brussels)
On 15 August 2013, the European Commission published a series of commitments proposed by the German railway incumbent Deutsche Bahn (“DB”) to resolve an investigation into its pricing system in Germany for the electricity used to power locomotives (known as “traction current”). In a press (...)

The EU Commission opens formal proceedings against the Lithuanian railway incumbent for removing railway track (Lietuvos geležinkeliai)
Van Bael & Bellis (Brussels)
On 6 March 2013, the European Commission announced that it had opened formal antitrust proceedings against the Lithuanian railway incumbent AB Lietuvos geležinkeliai to investigate whether it restricted competition on the freight rail markets in Lithuania and Latvia by removing a railway (...)

The German Federal Court of Justice clarifies conditions for invoking “legal impossibility” as justification for refusal to grant access to an essential facility (Scandlines)
Van Bael & Bellis (Brussels)
By judgment of 11 December 2012, recently published, the German Federal Court of Justice (“BGH”) annulled the judgment of the Higher Regional Court of Düsseldorf (“OLG Düsseldorf”) of 7 December 2011 and ruled that Scandlines Deutschland GmbH (“Scandlines”), which is the owner of the ferry port (...)

The Latvian Competition Authority fines an airport for abuse of dominant position (Ryanair, airBaltic)
European Commission
Latvia: Riga International Airport fined for Abuse of Dominant Position* On 10 February 2012, the Competition Council (CC) took a decision establishing that Riga International Airport (Airport) had abused its dominant position by charging to the Irish airline Ryanair substantially lower prices (...)

The Slovakian Supreme Court upholds Competition Authority’s decision in railway cargo case (ZS Cargo)
European Commission
Slovakia: The Supreme Court upholds Decision of the Antimonopoly Office imposing Fine in Railway Cargo Case* In January 2012, the Supreme Court of the Slovak Republic (Supreme Court) confirmed the decision of the Antimonopoly Office of the Slovak Republic (the AMO) imposing a fine on ZS Cargo, (...)

The Supreme Court of the Slovak Republic reverses the judgement of the Regional Court in Bratislava that amended the fine imposed by the Slovak NCA in an abuse of dominant position case (Cargo Slovakia)
Kinstellar (Prague)
,
Kinstellar
Factual background On 31 January 2012, the Supreme Court of the Slovak Republic (the “Supreme Court“) ruled in favour of the applicant, i.e. the Slovak Antimonopoly Office (“SVK AMO“), in its appeal against decision No. 1 S 27/2007-227 of the Regional Court in Bratislava amending decision No. (...)

The Danish Competition Authority decides not to adopt a formal decision in a case concerning a refusal to supply by the Copenhagen airport (Kobenhavns Lufthavne)
European Commission
Denmark: Aviation Legislation prevents Competition in Copenhagen Airport* The Danish Competition and Consumer Authority (DCCA) considers that Copenhagen Airport (CPH) limits competition when it refuses to give a new, competing terminal operator access to the airport. However the Danish (...)

The Competition Authority of Bosnia & Herzegovina finds an abuse of dominant position on the market for computer reservations systems (Amadeus)
University of Technology (Tallinn)
On 22 December 2011 Competition Authority of Bosnia & Herzegovina (KV) established that Amadeus BH d.o.o., the provider of the computer reservations system Amadeus used by the travel agencies for booking the airline tickets, has abused its dominant position on the relevant market by (...)

The Danish Competition Council decides on a case concerning the application by Copenhagen airport of dissimilar conditions to equivalent transactions (CPH Go)
European Commission
Denmark: Terms of Use for Low Cost Facility at Copenhagen Airport found Discriminatory* On 21 December 2011, the Danish Competition Council decided on a case concerning the application by Copenhagen airport of dissimilar conditions to equivalent transactions. The case regards the Danish (...)

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 Finnish Competition Authority closes case concerning freight transport services (Freight Transport Services)
European Commission
Finland: Competition Authority closes Case concerning Freight Transport Services* On 3 October 2011, the Finnish Competition Authority (FCA) closed proceedings regarding a complaint submitted by Russian shipping company St. Peter Line Ltd (St. Peter Line) against an alleged abuse of dominant (...)

A Chinese District People’s court accepts a complaint brought by private companies against a public entity for abuse of administrative monopoly in the railway transport industry (Taiyuan Railway Bureau)
University of Melbourne
,
China Competition Bulletin (Beijing)
,
Institute of American Studies
Taiyuan Railway Bureau Sued for Monopoly* On 7 September 2011, the Shanxi Joint Transport Group Co., Ltd. brought an administrative lawsuit in the Taiyuan Xinghualing District People’s Court against the Taiyuan Railway Bureau for breaches of the AML and the Anti-Unfair Competition Law (AUCL). (...)

A Chinese District People’s court receives a complaint brought by private enterprises against a public entity for abuse of dominance in railway transport sector (Taiyuan Railway Bureau)
AnJie Law (Beijing)
Taiyuan Railway Bureau is Sued by Private Enterprises Alleged Monopoly* On September 7th, 2011, an antitrust litigation against Taiyuan Railway Bureau was brought to Taiyuan Xinghualing Court on the ground that Taiyuan Railway Bureau violated Anti-monopoly Law and Unfair Competition Law of PRC (...)

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 Regional Court in Brno confirms fine imposed on the national railways company for having abused its dominant position on rail freight transport of large-volume substrates market (Czech Railways Company)
European Commission
Czech Republic: The Regional Court in Brno confirms Fine imposed on Czech Railways Company for Abuse of Dominant Position on Rail Freight Transport of large-volume Substrates Market* On 12 May 2011, the Regional Court in Brno (the Court) upheld the CZK 254 000 000 (approximately € 9 585 000) (...)

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 Italian Competition Authority opens an Art. 102 TFEU investigation against the incumbent national railway undertaking for refusal of granting track access to a new train operator (Arena Ways)
Desogus Law Office (Cagliari)
By a decision taken on 15 December, the Italian Competition Authority (ICA) has opened an investigation into abusive conducts allegedly put into place by the incumbent national railway undertaking, the group Ferrovie dello Stato (FS). FS would have frustrated the entry into the market for rail (...)

The Slovakian Supreme Court upholds the Competition Authority’s decision fining an undertaking’s successor for abuse of its dominant position (ZS Cargo)
European Commission
Slovakia: Supreme Court upholds Competition Authority’s Decision in Cargo Railway Case At an oral hearing held on 26 October 2010, the Supreme Court of the Slovak Republic upheld the decision of the Antimonopoly Office of the Slovak Republic (“AMO”) of 22 December 2006 in the matter Zeleznicna (...)

The Maltese Commission for Fair Trading rejects a freight forwarder’s claim of abuse of dominance against a carrier’s agent (Central Marine Limited / Focal Maritime Service Company Limited)
In terms of Article 13A of Maltese Competition Act (Chapter 379 of Laws of Malta, hereinafter referred to as ‘MCA’), the Director of the Office for Fair Trading (hereinafter referred to as ‘Director’) requested the Commission for Fair Trading (hereinafter referred to as ‘Commission’) to review its (...)

The French Competition Authority recommends a strict application of the exceptional legal provisions concerning the public awards of transport related services (Grand Paris)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence recommends a very strict application of the exceptional legal provisions concerning the markets for engineering and delegation of project management.* The Syntec-Ingenierie (...)

The Dutch Trade and Industry Appeals Tribunal overturns a decision by the NCA not to investigate an excessive pricing complaint (KLM/SLM)
Liberty Global (Amsterdam)
The complaint The appeal relates to a complaint submitted by a society of travellers (Vereniging van Reizigers -“VVR”) to the Netherlands Competition Authority (“NMa”) on 16 April 2003. The complaint alleges that the airlines KLM and SLM are abusing their dominant position on the route Amsterdam - (...)

The Dutch Trade and Industry Appeals Tribunal rejects contestable market argument and orders NCA to reinvestigate abuse of dominance by KLM/SLM (KLM/SLM)
SEO Economic Research
,
SEO Economic Research
Facts In 2003 the Vereniging van Reizigers (an association of travellers, hereafter VVR) filed a complaint at the Netherlands Competition Authority, the NMa about abuse of a dominant position by airlines KLM and Surinam Airways (hereafter SLM) on the route Amsterdam - Paramaribo. The NMa (...)

The Spanish Competition Authority grants full immunity from fines to the first cartel member who provided information and a reduction of 40% to another who provided significant evidence that helped to establish the infringement (Transitarios)
Kim & Chang
One of the major changes introduced by the new Spanish Competition Act (Law 15/2007, 3rd July, on Defense of Competition) which entered into force on September 1st 2007, was the introduction of a leniency program. The leniency program entered into force on 28th February 2008 after the adoption (...)

The Italian Supreme Administrative Court reforms a judgment of first instance and considers an airport managing company not responsible for abuse of dominant position under art. 102 TFEU in the market for centralized airport infrastructures (SEA - Airport tariffs)
University Luiss Guido Carli - GRIF (Rome)
,
Economisti Associati
,
University Luiss Guido Carli - GRIF (Rome)
In September 2009, the Regional Administrative Court of Latium (Tribunale Amministrativo Regionale del Lazio) upheld the appeal from AIR ONE S.p.A., an Italian airline now merged with Alitalia, against a decision of the Italian Competition Authority (ICA) concerning the alleged abuse of (...)

The Italian Supreme Administrative Court confirms judgment of an regional court which reduces a fine imposed by the Competition Authority to an airport managing company for abuse of dominant position under art. 102 TFEU in the market of certain common and individual airport infrastructures (Società Esercizi Aeroportuali)
University Luiss Guido Carli - GRIF (Rome)
,
Economisti Associati
,
University Luiss Guido Carli - GRIF (Rome)
On the 22nd of September 2009 (case 9171/2009), the Regional Administrative Court (RAC) of Latium (Tribunale Amministrativo Regionale - TAR - del Lazio) partially upheld the appeal from SEA S.p.A. (SEA), the managing company of the airports of Milan Linate and Milan Malpensa, against a decision (...)

The Czech Supreme Administrative Court confirms that, while a bus station does not constitute an essential facility, a discriminatory refusal of access to it amounts to an abuse of dominant position (ČSAD Liberec)
Government of the Czech Republic
,
European Court of Justice (Luxembourg)
By its judgement of 26 April 2010, the Czech Supreme Administrative Court confirmed a previous decision of the Regional Court in Brno, upholding a decision of the Office for the Protection of Competition in the ČSAD Liberec case. In 2005, ČSAD Liberec (“ČSAD”), the operator of the bus station in (...)

The Hungarian Supreme Court rules that the railways incumbent request for an unconditional bank guarantee from new entrants to the liberalized railway market does not amount to an abuse of dominant position on the basis of Art. 102 TFEU and its national equivalent (MÁV)
lakatos, koves and partners
In 2006, the Hungarian Competition Office (“HCO”) fined the Hungarian State Railways (“MÁV”) for an abuse of dominant position under Article 82 EC (now Article 102 TFEU) and Section 21 of the Hungarian competition act. In decision no. Vj-22/2005/145, the HCO ruled that following the liberalisation (...)

The Paris Court of Appeal, while confirming the NCA decision on maritime servicing of Corsica, raises more expectations on clear criteria for delineating jurisdiction between the NCA and the administrative courts and for assessing the necessity of an effect on the market (SNCM)
Vogel & Vogel
The maritime servicing of Corsica case provided the Paris Court of Appeal with an opportunity to rule on jurisdiction between the Competition Authority and the administrative courts and on the definition of a dominant position and the necessity of an effect on the market to characterise an (...)

The Swedish Market Court upholds the Competition Authority’s interim order to prohibit a state-owned airport operator to implement a planned reallocation of the queuing system for taxis at Arlanda airport as the planned system would have amounted to an abuse of a dominant position (Luftfartsverket)
Vinge (Stockholm)
,
Vinge (Stockholm)
,
Vinge (Stockholm)
Background Luftfartsverket (“LFV”) is a state-owned company that operates Swedish public airports. In the autumn of 2009, LFV announced that it planned to implement a new queuing system for taxis at Terminals 2 and 5 at Stockholm Arlanda Airport. Subsequent to LFV’s announcement, several smaller (...)

The German Federal Cartel Office opens a ferry route to competition (Scandlines Deutschland)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
According to a press release of 28 January 2010, the German Federal Cartel Office (“FCO”) has required Scandlines Deutschland GmbH (“Scandlines”), the owner of the Puttgarden ferry port and sole provider of ferry services between Puttgarden in Germany and Rødby in Denmark, to provide other ferry (...)

The German Competition Authority requires a ferry operator to grant access to its ferry port (Scandlines)
European Commission
Germany: Access to Essential Facilities granted on the Puttgarden-Rødby Ferry Route In a decision of 27 January 2010, the Bundeskartellamt has required Scandlines Deutschland GmbH to grant competitors access to Puttgarden ferry port. Based on its assessment that the port is an essential (...)

The Croatian Administrative Court upholds the NCA’s decision finding no abuse of dominance on the bus transportation services market (Fanika Vesligaj & Branko Kuntek)
University of Technology (Tallinn)
On 21 January 2010 the Croatian Administrative Court upheld the decision of the Croatian Competition Authority (AZTN) finding no abuse of dominant position on the market for bus transportation services in the municipality of Krapina. The AZTN’s investigation was prompted by the complaint lodged (...)

The Lithuanian Competition Council issues fourth infringement decision against the State controlled airport for restricting access to the airport facilities (Vilnius Airport/RSS II)
Lithuanian Competition Council
The Lithuanian Competition Council started the year of 2010 by issuing, on 21 January 2010, yet another infringement decision - fourth in less than three years - against the Vilnius international airport operator, the State Enterprise Tarptautinis Vilniaus oro uostas (TVOU), for its refusal to (...)

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 Italian Competition Authority closes two investigations against the manager of rail networkgroup without finding any competition infringement (NTV/RFI-Accesso al Nodo di Napoli)
Desogus Law Office (Cagliari)
Two investigations conducted by the Italian Competition Authority (ICA) against the incumbent rail operator, the Ferrovie dello Stato group (FS), over alleged infringements of Article 82 EC have been closed by a commitment and an acquittal decision. The ICA started the investigations against FS (...)

The Italian Antitrust Authority finds no abusive conduct for travel facility access and accepts commitments for maintenance area access (NTV/RFI-Accesso al Nodo di Napoli)
University Bocconi
On October 22nd, 2009, the Italian Competition Authority (hereinafter: AGCM) handed down two distinct rulings which concluded the investigatory proceedings concerning FS (Ferrovie dello Stato) and RFI (Italian Railway Network). The two companies were allegedly engaged in abusive excluding (...)

The Maltese Commission for Fair Trading finds that the national airline’s decision to reduce the commission payable to travel agents for flight bookings does not fall foul of the rules of fair competition (Federation of Associations of Travel and Tourism Agents / Air Malta)
In terms of Article 13A of Maltese Competition Act (Chapter 379 of Laws of Malta, hereinafter referred to as ‘MCA’), the Director of the Office for Fair Trading (hereinafter referred to as ‘Director’) requested the Commission for Fair Trading (hereinafter referred to as ‘Commission’) to review its (...)

A German Court orders the dominant German railway network provider to reimburse additional fees charged for the ad hoc use of the railway network (Deutsche Bahn)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
In its judgment of 14 October 2009, the Higher Regional Court of Düsseldorf (“Court”) held that additional fees charged by the dominant German railway network provider (“defendant”) to a company active in the field of railway freight transportation (“claimant”) for the ad hoc use of the railway (...)

A Latvian Administrative Regional Court dismisses legal proceedings on unfair airport fees discounts (Riga International Airport)
European Commission
Latvia: Court dismisses Legal Proceeding in Case on Unfair Discounts applied by Riga International Airport On 29 September 2009, following an administrative agreement signed between the state owned company Riga International Airport and the Competition Council, the Administrative Regional (...)

The Italian Competition Authority starts investigating into alleged abuses of dominant position of a ferry operator (T-Link/Grandi Navi Veloci)
Desogus Law Office (Cagliari)
The Italian Competition Authority or ICA opened an Article 82 proceedings against a major Italian ferry operator, Grandi Navi Veloci (GNV)[alian Competition Authority (Autorità Garante della Concorrenza e del Mercato - AGCM), 6 August 2009, Case n° A417, Decision n° 20179, T-Link/Grandi Navi (...)

The Bulgarian Competition Authority applies economic value test in assessment of the alleged exploitative abuse of dominance committed by the bus terminal administration (Avtobusni prevoziw)
University of Technology (Tallinn)
In 2007 bus operator Planeta Trans o.o.d. (Planeta Trans) complained to the Bulgarian Competition Authority (CPC) that Avtobusni prevozi a.d. (Avtobusni prevozi), a bus terminal administration in the city of Pleven abused its dominant position by imposing unfair prices and trading conditions on (...)

The Moldovan Competition Authority establishes dominance of the three domestic airlines on the regulated routes (Air Moldova, Moldavian Airlines, Tandem Aero)
University of Technology (Tallinn)
Moldovan Competition Authority (Agenţia Naţională pentru Protecţia Concurenţei) (ANPC) in a press release informed the public about the establishing of dominance of three domestic airlines Air Moldova , Moldavian Airlines and Tandem Aero on the regulated routes operated by these companies on the (...)

The Polish NCA fines € 14 M the railway cargo carrier incumbent for discriminating competitors in concluding freight agreements, raising question on the ability of an undertaking in a dominant position, faced with aggressive comportment of competitors, to respond with similar measures (PKP Cargo)
WilmerHale (Brussels)
Situation on the market and the proceedings PKP Cargo is second largest rail carrier in the European Union, which enjoyed monopolistic position on the Polish market of railway cargo services until 2001. Holding 70% of market share, it is still a major player on the market and being a part of (...)

The Bulgarian Supreme Administrative Court dismisses the charges of abuse of dominance launched against the national railway infrastructure company (Polygraphsnab)
University of Technology (Tallinn)
On 22 June 2009 the Supreme Administrative Court of Bulgaria upheld the decision of the Bulgarian Competition Authority (CPC) that rejected the charges concerning abuse of dominant position committed by the National Railway Infrastructure Company (NRIC). The case originated from the complaint (...)

The Paris Court of Appeal holds that the definition of the relevant market requires a specific assessment in cases involving a company providing a service of general economic interest (Vedettes inter-îles vendéennes)
,
Dechert (Paris)
In a ruling of 9 June 2009 , the Paris Court of Appeal (the “Court of Appeal”) dismissed an appeal brought by the company Vedettes Inter-iles vendéennes (“VIIV”) against the French Competition Council (the “Council”) decision dated 23 December 2004. The period of 5 years between the decision and the (...)

The Turkish Competition Authority rejects a consumer complaint on the excessiveness of airport parking fees (Esenboga)
University of Leeds
The Turkish Competition Authority (TCA) has rejected a consumer complaint alleging that the car park fees at the only airport in the capital (Ankara Esenboga Airport) are excessive. The case arose out of a consumer complaining to the TCA after having parked his vehicle at the airport car park (...)

The German Federal Court of Justice upholds refusal to supply case in the market for travel lodge cards (Lufthansa)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
According to a press release, the German Federal Court of Justice, in its decision dated 3 March 2009, upheld a decision of the Higher Regional Court of Düsseldorf, finding that Deutsche Lufthansa AG had abused its dominant position by refusing to supply the authorisations required to allow (...)

The Moscow Federal Arbitration Court upholds the decision of the Russian Competition Authority prosecuting the railways incumbent for abuse of dominance on the market for the refrigerated rail transport services (Russian Railways and Refservice)
University of Technology (Tallinn)
On 14 September 2007 Russian Competition Authority (Федеральная Антимонопольная Служба) (FAS) found an abuse of dominance on the market for refrigerated rail transport services committed jointly by the Russian Railways (ОАО Российские Железные Дороги) (RZD) and its daughter undertaking Refservice (ОАО Рефсервис) . Refservice (...)

The Greek Competition Authority condemns three shipping companies for abuse of dominant position (Samos cruises)
Hellenic Competition Authority (Athens)
There are two main points of law in this interesting decision (426/V/2008) that is worth to be mentioned. The first (1) concerns the term of “undertaking” under the provisions of competition law and the second (2) the possibility of publishing a decision of the Greek Competition Authority (...)

The Italian Competition Authority holds that airports abused their dominant position by setting excessive fees (Aeroporti di Milano)
Desogus Law Office (Cagliari)
The Italian Competition Authority (ICA) has ruled that SEA, the manager of the Milan airports of Linate and Malpensa breached Art. 82 EC and imposed on it a fine of € 1,549,000 . SEA abused its dominant position it enjoyed at the airports of Linate and Malpensa as holder of an exclusive licence (...)

The Maltese Commission for Fair Trading condemns the transport regulator’s unfairly discriminatory treatment against open top buses operator (Spiteri - Garden of Eden/Malta Transport Authority)
Garden of Eden is a Maltese commercial undertaking operating in the public and private transport markets in Malta. It was originally owned and operated by Mr. Angelo Spiteri. Following the latter’s death, applicants inherited this business concern and continued in its operation. In 1993, Angelo (...)

The Czech NCA fines the incumbent railway operator for imposing discriminatory terms with respect to its freight services (Èeské Dráhy)
Government of the Czech Republic
,
European Court of Justice (Luxembourg)
By a first-instance decision adopted on 16 July 2008, the Czech Office for the Protection of Competition fined Èeské Dráhy, the incumbent railway operator, CZK 270 million (approx. EUR 11 million) for an abuse of dominant position under the relevant Czech legislation. In its decision, the Office (...)

The European Court of First Instance upholds Commission decision against a maritime company (Compagnie Maritime Belge)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
On 1 July 2008, the Court of First Instance (“CFI”) issued its judgment on Compagnie Maritime Belge’s appeal of the Commission decision of 30 April 2004 (the “Decision”), which had fined it € 3.4 million for the infringements of Article 82 EC established in the Commission original decision of 23 (...)

The French Supreme Court questions allocation of costs in a predatory pricing Case (Vedettes inter-îles vendéennes)
Kramer Levin Naftalis & Frankel (Paris)
,
Eversheds Sutherland (Paris)
,
Eversheds Sutherland (Paris)
1. Facts and ruling The Régie départementale des passages d’eau de la Vendée (RDPEV) is the provider of a public service : it operates year-round in any weather daily ferry services for passengers, cargo and vehicles between the mainland and l’île d’Yeu. For this purpose, RDPEV uses three vessels : (...)

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)
,
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 (...)

The Spanish Competition Authority adopts a decision on a alleged abuse of dominant position (Puertos de Andalucía)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
On 13 March 2008, the Spanish Competition Authority found that Empresa Pública de Puertos de Andalucía (“Puertos de Andalucía”), a public undertaking which runs marinas in the South of Spain, had not abused its dominant position by engaging in predatory pricing. Although the decision found that (...)

The Higher Regional Court of Düsseldorf rules on refusal to supply case in the market for travel lodge cards
Van Bael & Bellis (Brussels)
,
Practising Law Institute
In its recently published decision dated 5 December 2007, the Higher Regional Court of Düsseldorf held that a leading undertaking in the travel services market had abused its dominant position by refusing to supply to a travel lodge card supplier authorisations to issue VAT information on the (...)

The French Competition Authority dismisses a complaint regarding an alleged abuse of dominant position on the market for passenger transport between Paris and London (Eurostar)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Paris-London: The Conseil de la concurrence considers that Eurostar did not adopt a predatory behaviour aimed at eliminating competition.* Following a complaint filed by British Airways on 18 November 2004, (...)

The Lithuanian Supreme Administrative Court orders investigation on alleged abusive access conditions to airport facilities (flyLAL)
Lithuanian Competition Council
On 5 November 2007, the Lithuanian Supreme Administrative Court (LSAC) upheld the judgment of the Vilnius District Administrative Court (VDAC) ordering the Competition Council to investigate whether by restricting the access to the airport facilities the State Enterprise Tarptautinis Vilniaus (...)

The Greek Competition Commission rejects complaint alleging abuse of dominance with respect to freight rebates charged by shipping companies in Northern Greece (Thasos, TSCSA)
European Investment Bank
I. The Factual Background 1. In general The coastal area of Kavala in Northern Greece connects to the island of Thasos via two local sea routes (i)Keramoti/Kavala- Thasos (40 minutes trip duration) and (ii) Kavala - Thasos (1 hour and 35 minutes trip duration), on which ferry boats and car (...)

The Italian Competition Authority opens investigation for abuse of dominant position in the railway transport sector relating to the charge access to the network (Ferrovie dello Stato-Rete Ferroviaria Italiana)
Desogus Law Office (Cagliari)
Introduction With a decision adopted on 18 September 2007 the Italian Competition Authority (AGCM) opened investigation against Ferrovie dello Stato (FS) and Rete Ferroviaria Italiana (RFI) for abuse of dominant position in the market for railway transport. The abusive conduct complained of (...)

The Italian Antitrust Authority opens an abuse of dominance investigation in the railways sector (Rail Traction Company/Rete Ferroviaria italiana-Ferrovie dello stato)
Freshfields Bruckhaus Deringer (Rome)
,
Macchi di Cellere Gangemi (Rome)
On 18 September 2007, the Italian Antitrust Authority (IAA) opened an investigation under Article 82 of the EC Treaty against Ferrovie dello Stato S.p.A. (FS) and its subsidiary Rete Ferroviaria Italiana S.p.A. (RFI). RFI is the railway infrastructure monopolist as it is the sole operator, (...)

The French Competition Council fines a public port operator and two related companies for anticompetitive practices in the market of harbour services dedicated to coal (SOGEMA, Port Autonome du Havre)
Hewlett Packard (Boulogne-Billancourt)
On 13 September 2007, the French Competition Council issued a decision relating to anti-competitive practices in the market of harbour services dedicated to coal, following a complaint by the Société Générale Maritime ("Sogema"), a dock-work operator established in various harbours in France. (...)

The Czech Competition Authority imposes a fine for discriminatory pricing in rail cargo transport (Czech Railways)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
On 16 July 2007, the Czech Competition Authority announced that it had imposed a fine on České dráhy, a.s. (“Czech Railways”) for abusing its dominant position on the market for rail freight transport of large volume substrates. The fine amounts to CZK 270 million (approximately € 11 million). The (...)

The UK High Court of Justice rejects a claim of predatory behaviour on a local bus transport services market (Chester City Transport v. Arriva)
King’s College (London)
Introduction and Background to the Claim In Chester City Council and Chester City Transport Limited v. Arriva Plc, Arriva Cymru Limited and Arriva North West Limited [2007] EWHC 1373 (Ch), the High Court of Justice had to consider a claim brought by Chester City Council (‘the Council’) and (...)

The Lithuanian Competition Authority fines the State-controlled airport for abusing its dominance by restricting access to the airport facilities (Vilnius Airport/RSS)
Lithuanian Competition Council
On 7 June 2007, in its first explicit application of the essential facilities doctrine, the Lithuanian Competition Council imposed a fine of LTL 50,000 (approx. EUR 14,481) on the State Enterprise Tarptautinis Vilniaus oro uostas (TVOU) for abuse of a dominant position by way of restricting (...)

The Spanish Competition Court fines € 306.000 tying practices between train transport and boat services (Ferrocarril de Sóller - Excursiones Marítimas Puerto de Sóller)
The island of Majorca in Spain is a great tourist attraction and the area of Sóller is one of most visited spots on the island. A typical tour offered by travel agencies and touroperators is the denominated “Vuelta a la Isla”. This tour consists of an itinerary between Palma, Sóller and Sa Calobra (...)

The Swedish Supreme Court asks for the EC Commission’s opinion on the definition of the relevant market concerning alleged excessive prices for port services (Port of Ystad)
Cederquist
On 18 October 2006 the European Commission (the “Commission”) received a request from the Swedish Supreme Court (the “Court”) regarding the definition of the relevant market in a case concerning the application of Article 82 EC. The case before the Court concerns inter alia whether or not the Port (...)

The Slovak Antimonopoly Office confirms the 2 M € fine imposed to the State owned rail/cargo company for foreclosure of the freight railway transport market (ZSSK Cargo Slovakia)
PRK Partners (Bratislava)
The second instance body of the Slovak Antimonopoly Office (AMO) rejected the appeal of the Slovak dominant rail cargo transportation company ZSSK Cargo Slovakia against the first instance decision of the AMO regarding abuse of its dominant position and confirmed the fine imposed on ZSSK Cargo (...)

The Italian Antitrust Authority opens airports investigations for alleged excessive prices and abuse of dominant position (Aeroporti di Roma / Milano)
Freshfields Bruckhaus Deringer (Rome)
,
On 14 December 2006, the Italian Antitrust Authority (IAA) has initiated two formal investigations on the market for the management of airport infrastructures in relation to the airports of Rome and Milan. Following a complaint by IBAR, the association representing the air carriers active in (...)

The French Competition Authority adopts interim measures to protect competition in a public tendering in the maritime sector (SNCM, Corsica Ferries, Compagnie Méridionale de Navigation)
Hewlett Packard (Boulogne-Billancourt)
The Conseil de la concurrence recently issued an interim measures decision in which it ordered an injunction against the Société Nationale Maritime Corse Méditerranée (SNCM) on the grounds of Article L. 464-1 of the French Commercial Code. Background The public authorities in Corsica and the (...)

The Latvian Competition Council rules that Riga’s International Airport has infringed Art. 82 EC by imposing different tax discounts on air navigation services (Riga Airport)
Brown Brothers Harriman (BBH) (Luxembourg)
On 22 November 2006, the Latvian Competition Council (hereinafter “the Council”) ruled that Riga International Airport (hereinafter “the Airport”) infringed article 82 of the EC Treaty (hereinafter “ECT”) by applying the regulation n° 3 (hereinafter “the regulation”) adopted on 23 July 2004 by the (...)

The UK Office of Rail Regulation imposes a £ 4,1 M penalty to the largest rail freight operator for abusive discriminatory practices (English Welsh and Scottish Railway)
Quebec Department of Justice
In 2001 and 2002, various complaints were filed with the UK Director of Fair Trading (DFT), in respect of alleged anti-competitive conduct by the English Welsh and Scottish Railway Limited (EWS). EWS is the largest rail freight operator in Great Britain. Its principal activities are bulk (...)

The UK Office of Rail Regulation fines railway operators £4.1 M for predatory pricing and exclusionary practices (English, Welsh & Scottish Railway)
Compass Lexecon
The United Kingdom railway regulator, the Office of Rail Regulation (ORR), has fined English, Welsh and Scottish Railway Limited (EWS) for predatory pricing and exclusionary behaviour. The ORR found that EWS, the largest freight train operator, abused its dominant position in the supply of coal (...)

The Hungarian Competition Office fines the State railways incumbent for abuse of a dominant position after the liberalization of the rail transport market (Máv)
Hogan Lovells
,
Gide Loyrette Nouel
Background / Facts of the case The Hungarian rail transport market was liberalized upon the accession of Hungary to the European Union on May 1, 2004. As a consequence, the railway authorities must ensure non-discriminatory access to railways to new market entrants. At the date of accession (...)

The Czech Office for the Protection of Competition maintains that the refusal of access to a non-essential facility - a bus station - may amount to an abuse of dominant position (CSAD Liberec)
European Court of Justice (Luxembourg)
On 16 May, 2006, deciding on appeal lodged against a first-instance decision, the President of the Czech Office for the Protection of Competition has upheld the conclusion according to which CSAD Liberec (“CSAD”), the operator of the bus station in the Czech city of Liberec and of different bus (...)

The Slovak Antimonopoly Office fines 1 M € a railway cargo services operator for abusive commissions (Cargo Slovakia)
BUŽEK & TEREM
In May 2006, the Slovak Antimonopoly Office (“AMO”) published a decision of the second instance fining the railway cargo company Železnicná spolocnost’ Cargo Slovakia, a.s. (as a successor of former Železnicná spolocnost’, a.s., hereinafter as “ZS”) a total of SKK 37 million (approx. EUR 1 million) for (...)

The Finnish Competition Authority finds no evidence of abuse of dominance by an airline company having declined cooperation with a competitor (Finnair / Flying Finn Oy)
Fujitsu (Helsinki)
In a recent decision, dated 13 February 2006 (Decision n° 932/61/2993), the Finnish Competition Authority (“FCA”) did not find sufficient grounds to sanction the Finnair Corporation (“Finnair”), a Finland-based airline company, for an alleged abuse of a dominant position. A request of action (...)

The Polish Competition Authority, by condemning a town for abusing its dominant position, restates that competition law apply to practices of local government units (Commune of Kielce)
French National Research Agency (ANR)
The present decision, rendered on December 2, 2005, concerns the practice of the Municipal Administration of Roads in the city of Kielce (the organizational unit of the commune of Kielce) consisting on the refusal to give access to the municipal transport bus stops to operators other than the (...)

The Slovak Competition Authority concludes that airport abused its dominant position by not granting access to the essential facility of the airport apron (Airport Bratislava)
Havel, Holasek & Partners (Brno)
I. Relevant facts In its Airport Bratislavadecision, the Slovak Antimonopoly Office stated that Letisko M.R.Štefánika - Airport Bratislava (Airport BA) abused its dominant position according to Article 8 (2) of the Competition Act, because it did not provide access to an airport apron at the (...)

The Czech Office for the Protection of Competition declares that the refusal of access to a bus station to competing bus line operators does not amount to an abuse of dominant position (AS-Service)
Government of the Czech Republic
,
European Court of Justice (Luxembourg)
In a decision rendered on 25 November, 2005, the Czech Office for the Protection of Competition concluded that CAS-SERVICE a.s. (“CAS”), the operator of the bus station in the Southern Moravian city of Znojmo, had not abused of its dominant position on the market of services offered to bus line (...)

The French Competition Authority dismisses a complaint regarding competition concerns on the market of passenger transport to the Isle of Saint Honorat (Cistercian monks of the Isle of Saint Honorat)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Conseil de la concurrence rules that the Cistercian monks of the Isle of Saint Honorat did not ignore competition law by restricting passenger transport to and from the island exclusively to a company (...)

The Swedish Market Court applies Art. 82 EC in accordance with Art. 3 of EC Reg. n° 1/2003 without regard to the effect on interstate trade criterion regarding alleged abusive pricing of Stockholm airport fees (Luftfartsverket)
Cederquist
,
Regeringskansliet
The case before the Swedish Market Court concerned the fees charged by the Swedish Civil Aviation Administration (Luftfartsverket, hereinafter “LFV”) for offering parking space for airport coaches at Arlanda airport outside Stockholm. On November 13, 2003, the Swedish Competition Authority (...)

The Court of Appeal of Paris confirms absence of predatory pricing on the basis of ECJ case law (VIIV/Régie départementale des passages d’eau de la Vendée)
Freshfields Bruckhaus Deringer (Paris)
,
Eversheds Sutherland (Paris)
The “Régie départementale des passages d’eau de la Vendée” (“RDPEV”) is entrusted with the operation of a public service : it operates regular ferry services (both for passengers and for cargo and vehicles) between the mainland and l’Île d’Yeu (an island off the Atlantic coast of France) all year round. (...)

The Danish Competition Authority launches an inquiry on possible anti-competitive effects of the exclusive right conferred for port harbour services (Copenhagen Malmö Port’s)
McDermott Will & Emery (Brussels)
Against the backdrop of a string of analyses of the abovementioned Act, the Danish competition authority carried out an examination of the competitive effects of Copenhagen Malmö Port’s exclusive right to offer harbour services in Copenhagen Free Port. The Danish competition authority at the same (...)

The Czech Competition Authority states that refusal of access to a facility amounts to abuse of a dominant position even if the conditions of the essential facilities doctrine are not met (ČSAD Liberec)
Government of the Czech Republic
On 6 June 2005 the Czech Republic’s Office for the Protection of Competition (“the Office”) issued a decision whereby it established that a bus service and station operator in a Czech city abused its dominant position when it refused to allow a competing carrier to use its bus station for (...)

The Cypriot Competition Authority rules that the incentive scheme offered to travel agents constitutes an abuse of its dominant position in violation of the national law (Helios Airways / Cyprus Airways)
Agora Trading
In 2004 Helios Airways Ltd (hereinafter “Helios”) submitted a complaint against Cyprus Airways Ltd (hereinafter “CA”) for abusing its dominant position in violation of section 4 and/or 6 of the Cypriot Law 207(?)/89 (“Law to Provide for the Control and Suppression of Restrictive Trade Agreements and (...)

The Estonian Competition Board ends proceedings against the Port of Tallinn without finding discriminatory abuse (Eurodek / Port of Tallinn)
EFTA Surveillance Authority
1. Background information Eurodek Muuga Services OÜ (Eurodek) is a company within the Eurodek Group operating oil terminals in the Port of Muuga in Tallinn, Estonia. Port of Muuga is owned by a state owned company AS Tallinna Sadam (Port of Tallinn, PoT). PoT is the biggest cargo and passenger (...)

The European Commission rules on excessive pricing in the port sector (Scandlines Sverige v. Port of Helsingborg, Sundbusserne v. Port of Helsingborg)
European Commission - DG COMP
,
,
European Commission - DG COMP
"Two important rejection decisions on excessive pricing in the port sector"* On 23 July 2004, the Commission took two decisions rejecting two complaints lodged in 1997 by ferry operators—Scandlines Sverige AB (hereinafter ‘Scandlines‘) and Sundbusserne AS (hereinafter ‘Sundbusserne‘) — against the (...)

The Polish competition authority establishes that a town has abused of its dominant position by limiting the number of resellers for public transportation (Commune W.)
French National Research Agency (ANR)
,
Orrick, Herrington & Sutcliffe (Washington)
On September 19th 2003, the President of the Office for the Competition and Consumers Protection (hereafter, OCCP President or, President of the Office) decided that the practice of Commune W. to limit the number of persons eligible to sell fixed term tickets for the city public transportation (...)

A US Court of Appeals rules that marginal cost rather than average variable cost ("AVC") may be an appropriate cost measure in predatory pricing cases (AMR)
WilmerHale (Washington)
,
WilmerHale (Washington)
,
Stanford University
The Decision in AMR Between 1995 and 1997, several low cost carriers entered certain airline routes between Dallas/Fort Worth Airport and other cities that American Airlines serves and undercut American’s fares. American responded to the new competition by lowering prices and increasing (...)

The European Commission closes probe into major EU airlines’ incentive schemes for travel agents (Virgin, BA, KLM)
European Commission - DG COMP
,
European Commission - DG COMP
"Commission closes probe into major EU airlines’ incentive schemes for travel agents"* The Commission has recently closed its investigations into the incentive schemes for travel agents operated by several EU airlines. It had to ascertain that these incentive schemes were not used by dominant (...)

The Maltese NCA rejects a case of alleged predatory pricing related to tender for new leases of premises in an airport (RGM Trading)
King’s College (London)
,
Superior Courts of Malta
The complainant operated a newsagency in the Departure Lounge at Malta International Airport. When the Airport Authority invited tenders for new leases of premises at the airport, the complainant enjoyed a right of first refusal. However, the dominant importer of newspapers and periodicals, (...)

The European Commission rules that German airport abused it dominant position by refusing to grant access to facilities to some airlines carriers addressing the issue of the essential facility theory (Frankfurt airport)
European Commission - DG COMP
"One step beyond in the application of the essential facility theory"* On 14 January 1998, the European Commission adopted a decision finding that Frankfurt airport was abusing its dominant position by not giving access to other companies to provide ground handling services (third party (...)

The European Commission acknowledges commitments offered by Danish pharmaceutical company in a case of abuse of dominant position in the market for insulin (Novo Nordisk)
European Commission - DG COMP
,
European Commission - DG COMP
"Novo Nordisk"* Undertakings have been accepted from Novo Nordisk, the Danish pharmaceutical company, which are designed to ensure competition in the markets for components of Novo Nordisk‘s insulin self-injection delivery systems. Novo Nordisk is Europe’s leading insulin producer. In 1985 Novo (...)

Mergers

The European Commission conditionally clears merger between two US commercial airlines while the US DOJ sues to block deal (US Airways / American Airlines)
Van Bael & Bellis (Brussels)
On 5 August 2013, the European Commission conditionally approved the proposed merger between US Airways Group and AMR Corporation, the parent company of American Airlines. Both US Airways and American Airlines are major US commercial airlines. The Commission examined the competitive (...)

The UK Competition Commission reopens investigation into Ryanair’s minority stake in Aer Lingus (Ryanair / Aer Lingus)
Van Bael & Bellis (Brussels)
On 28 February 2013 (one day after the European Commission blocked Ryanair’s third attempt to acquire Aer Lingus), the UK Competition Commission (“CC”) announced that it will reopen a long-running inquiry into Ryanair’s acquisition of a minority stake in Aer Lingus. This investigation has (...)

The English Court of Appeal rejects low cost airline’s appeal of UK Competition Commission probe (Ryanair / Aer Lingus)
Van Bael & Bellis (Brussels)
On 13 December 2012, the English Court of Appeal (CA) rejected Ryanair’s appeal against a Competition Appeal Tribunal (CAT) judgment allowing the Competition Commission (CC) to review Ryanair’s acquisition of a minority stake in rival airline company Aer Lingus. In August 2012, the CAT (...)

The French Competition Authority clears a merger in the parcel delivery sector (Calberson / Sernam)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence clears the takeover of certain Sernam assets by Calberson* Calberson S.A.S. (Calberson) has informed the Autorité de la concurrence of the exclusive control of certain assets of (...)

The French Competition Authority clears, subject to conditions, a merger in the maritime transport sector (Eurotunnel / SeaFrance / MyFerryLink)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence clears, subject to conditions, the acquisition of certain SeaFrance assets by the Eurotunnel group* The Autorité de la concurrence has just cleared, subject to certain (...)

The French Competition Authority clears a merger in the public transport sector, subject to the maintenance of commitments previously made (SNCF / Keolis)
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 Keolis by SNCF, subject to the maintenance of the commitments made in 2010* On 23 July 2012, the European Commission referred the (...)

The EU Commission conditionally approves acquisition of an aviation equipment company (Goodrich / United Technologies)
Van Bael & Bellis (Brussels)
On 26 July 2012, following a Phase II investigation, the European Commission granted conditional approval to the acquisition of Goodrich Corporation by United Technologies Corporation (UTC), both US-based companies active in the production and sale of aviation equipment on a worldwide (...)

The UK Competition Commission gives a provisional clearance to the anticipated joint venture between in-flight catering services companies (Alpha Flight / LSG Lufthansa Service)
Herbert Smith Freehills (Brussels)
Introduction On 10 October 2011, the UK Office of Fair Trading (the «OFT«) referred the anticipated 50/50 joint venture between in-flight catering services companies Alpha Flight Group Limited («Alpha«) and LSG Lufthansa Service Holding AG («LSG«) to the Competition Commission (the «CC«), for an (...)

The European Commission clears acquisition in the logistics and transportation industry (Wincanton International / Rhenus)
Van Bael & Bellis (Brussels)
In a decision of 22 December 2011, the European Commission unconditionally cleared the proposed acquisition of the logistics business of Wincanton International by its German rival Rhenus. The Commission examined the effects of the transaction on the markets of contract logistics, (...)

The Brazilian Competition Authority imposes conditions on merger to create the largest airline in Latin America (TAM and LAN Airlines/Latam Airlines Group)
Itaú BBA (Sao Paulo)
,
Azevedo Sette Advogados (Belo Horizonte)
The Administrative Council of Economic Defence (Conselho Administrativo de Defesa Econômica– CADE), Brazil’s antitrust authority, by unanimous decision, has authorised the merger between airline companies TAM, from Brazil, and LAN, from Chile, which created the largest airline company in Latin (...)

The French Competition Authority clears a merger in the maritime transport sector (DFDS / SeaFrance and LD Lines)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence clears the possible acquisition by DFDS of certain assets of SeaFrance and LD Lines*. At the request of DFDS, the Autorité de la concurrence has examined the possible acquisition (...)

The Italian Competition Authority opens an investigation to assess whether the dominant positions held by a leading airline at the moment of a 2008 merger operation on certain national routes still exist and, if so, how they should be eliminated (Alitalia/CAI bis)
Bonelli Erede (Rome)
After three years since the approval of the merger operation through which Compagnia Aerea Italiana (CAI) acquired the operating assets of Alitalia Linee Aeree Italiane S.p.A.(Alitalia)as well as AirOne - Alitalia‘s main national competitor - the Italian Competition Authority (the “ICA”) opened (...)

The UK Court of Appeal stays the OFT’s investigation of minority interest between two airlines companies, while the EU Commission reviews the economic importance of minority shareholdings (Ryanair/Aer Lingus)
As the European Commission reported its intention to review the economic importance of minority shareholdings in early November this year, the case of Ryanair and Aer Lingus continued its rollercoaster ride of competition authority and court decisions relating to Ryanair’s 29.8% minority (...)

The UK OFT refers the anticipated joint venture between two in-flight caterers to the Competition Commission for in-depth investigation (Alpha Flight Group / Lufthansa Service)
Herbert Smith Freehills (Brussels)
Introduction On 10 October 2011, the UK Office of Fair Trading (the "OFT") referred the anticipated 50/50 joint venture between in-flight catering services companies Alpha Flight Group Limited ("Alpha") and LSG Lufthansa Service Holding AG ("LSG") to the Competition Commission (the "CC"), for (...)

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 UK Competition Appeal Tribunal confirms that the OFT is not time-barred from investigating the acquisition of a competitor’s minority shareholding implemented five years previously under UK merger control rules (Ryanair v. OFT supported by Aer Lingus)
University of Southampton
On 28 July 2011, the UK Competition Appeal Tribunal (CAT) found that the Office of Fair Trading (OFT) is not out of time to consider referring the acquisition of a minority shareholding by Ryanair Holdings plc (Ryanair) in its competitor, Aer Lingus Group plc (Aer Lingus), to the Competition (...)

The UK’s Competition Appeal Tribunal upholds the OFT’s jurisdiction to review the acquisition of a minority shareholding in a merger in the airline sector (Ryanair/Aer Lingus)
Vinge (Stockholm)
,
White & Case
I. Introduction On 28 July 2011 the Competition Appeal Tribunal (“CAT”) handed down a unanimous judgment, upholding the UK Office of Fair Trading’s (“OFT”) jurisdiction to review Ryanair‘s 29.8% minority shareholding in rival Irish airline Aer Lingus, which the former acquired almost five years ago. (...)

The UK Competition Appeal Tribunal upholds the OFT’s decision that it is "in time" to investigate the acquisition of a minority shareholding in a merger case concerning the air transport sector (Ryanair/Aer Lingus)
Herbert Smith Freehills (Brussels)
All views expressed are strictly personal views of the author. The present case note does not constitute legal advice and should not be relied on as such. The author would like to thank Natalia Sivakumaran, associate at Herbert Smith LLP in London, for her assistance with the preparation of (...)

The Canadian Competition Bureau challenges proposed airline joint venture (Air Canada and United Continental)
Canadian International Joint Commission
,
Canadian International Joint Commission
Gavin Murphy, barrister and solicitor, Ottawa, Canada. The author serves on the editorial advisory boards of the Commonwealth Law Bulletin and the Journal of Parliamentary and Political Law. Shane Zurbrigg is a second year law student at the University of Ottawa. The views expressed in this (...)

The Polish Competition Court upholds a merger prohibition decision in the market for railway turnouts (Cogifer/Koltram)
Van Bael & Bellis (Brussels)
The Polish Court of Competition and Consumer Protection recently upheld two decisions of the Polish Competition Authority prohibiting concentrations, one in the market for railway turnouts and another in the market for waste battery treatment. In the first judgment, adopted on 5 April 2011, (...)

The UK Office of Fair Trading refers an anticipated acquisition of travel services providers to the Competition Commission (Thomas Cook / Co-operative Group / Midlands Co-operative Society)
CRA International (London)
I. The transaction The transaction involves Thomas Cook acquiring control of the retail travel business of the Co-operative Group (“CGL”) and Midlands Co-operative Society (“Midlands”). Thomas Cook is a vertically integrated tour operator offering package holidays, flights, accommodation and other (...)

The EU Commission blocks a merger as its clearance would have resulted in a quasi-monopoly on the Greek air transport market (Olympic Air / Aegean Airlines)
University of East Anglia - CCP (Norwich)
Article published on Centre for Competition Policy blog. EU Commission Steers Clear of another Antitrust Disaster in Greek Air Transport, but for how long?* This month, the European Commission blocked the proposed merger between Greece’s two main airlines, Olympic Air and Aegean Airlines. What (...)

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 (...)

The European Commission refers parts of a proposed acquisition concerning public passengers transports to the French and Dutch competition authorities, at their request (CDC/Veolia Environment/Transdev/Veolia Transport)
"Mergers: main developments between 1 May and 31 August 2010"* On 12 August the Commission referred the part of the proposed acquisition that relates to the activities of Veolia Transport and Transdev in France and the Netherlands respectively to the French and Dutch competition authorities, (...)

The UK OFT decision in car club merger highlights complexities of UK’s "voluntary" merger review regime (Zipcar, Streetcar)
Cadwalader Wickersham & Taft (Brussels)
,
London School of Economics
On 10 August 2010, the UK Office of Fair Trading (OFT) referred Zipcar‘s already-completed acquisition of Zipcar to the UK Competition Commission (CC) for an in-depth investigation. Zipcar and Zipcar now must suspend further integration of their businesses, pending the outcome of the CC’s (...)

The European Commission clears two mergers in the air and sea transport sector addressing the issue of pre-existing cooperation agreements (Iberia / British Airways - DFDS / Norfolk)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
The power of pre-existing agreements* In two recent decisions, the Commission considered the impact of cooperation agreements that the notifying parties had entered into before the notified transaction and came to two different conclusions. In Iberia/British Airways (decision of 14 July (...)

The European Court of First Instance upholds the European Commission’s decision to prohibit a merger between two airlines companies (Ryanair/Aer Lingus, merger prohibition)
European Commission - DG ENER
Yes, we can (prohibit) – The Ryanair/Aer Lingus merger before the Court* I. Introduction In two judgments handed down on 6 July 2010, the General Court upheld the Commission’s June 2007 decision to prohibit the planned merger between Ryanair and Aer Lingus (Case T-342/07) and dismissed Aer (...)

The EU General Court dismisses an airline’s appeal against the Commission’s decision not to divest a minority shareholding post-merger (Ryanair / Aer Lingus)
European Commission - DG ENER
Yes, we can (prohibit) – The Ryanair/Aer Lingus merger before the Court* I. Introduction In two judgments handed down on 6 July 2010, the General Court upheld the Commission’s June 2007 decision to prohibit the planned merger between Ryanair and Aer Lingus (Case T-342/07) and dismissed Aer (...)

The EU Commission approves the creation of a joint venture between French incumbent railway operator and UK railways company (SNCF / LCR / Eurostar )
"Mergers: main developments between 1 May and 31 August 2010"* The Commission approved on 17 June the proposed creation of the ‘New Eurostar’ joint venture by the French incumbent railway operator SNCF and London Continental Railways (LCR) of the UK. SNCF provides rail passenger and freight (...)

The French Competition Authority conditionally clears acquisition in public transport sector (SNCF, Keolis, Effia)
Van Bael & Bellis (Brussels)
According to a press release of 13 January 2010, the French Competition Authority has conditionally cleared the acquisition by SNCF of Keolis and Effia. SNCF is the incumbent rail transport operator in France, Keolis is a leading operator on the markets for urban and inter-urban passenger (...)

The Portuguese Competition Authority prohibits acquisition of ground handling services provider by an airline (TAP)
Van Bael & Bellis (Brussels)
According to a press release of 20 November 2009, the Portuguese Competition Authority has prohibited the acquisition by Portuguese airline TAP of Serviços Portugueses de Handling, a ground handling services provider. The Competition Authority held that Serviços Portugueses de Handling already (...)

The Portuguese Competition Authority prohibits an acquisition in the airport handling services market and orders share divestiture (GroundForce/TAP)
University College London
The competition authority in Portugal (Autoridade da Concorrência - AdC) decided last November 19, 2009, after investigation, to prohibit the acquisition by TAP - Transportes Aéreos Portugueses, S.A (TAP) of the exclusive control of SPdH - Serviços Portugueses de Handling,S.A. (SPdH), by acquiring (...)

The European Commission refers to the French Competition Authority the examination of a joint control acquisition of two companies active in the transport of passengers by a Canadian institutional fund manager (SNCF-P/CDPQ/Keolis/Effia)
"Merger: main developments between 1 September and 31 December 2009"* In response to a request by France’s Competition Authority, the European Commission decided, on 30 October 2009, to refer to that authority the matter of examining the acquisition of joint control of the French (...)

The UK OFT clears a merger in the passenger rail transport sector while applying the SLC test and de minimis exemption to rail franchise (Govia / South Central Passenger Rail)
Desogus Law Office (Cagliari)
1. Introduction By its decision of 17 August 2009 the OFT unconditionally cleared the Govia acquisition of South Central Passenger Rail Franchise (the Franchise) without referring it to the Competition Commission for further examination. The OFT decision is worth reading for it makes some (...)

The Competition Commissioner directs staff to conditionally clear an airline deal (Lufthansa/Austrian Airlines)
Van Bael & Bellis (Brussels)
On 31 July 2009, a press release was published on the European Commission’s website announcing that Competition Commissioner Neelie Kroes has “instructed her services to draft a conditional clearance decision” for the proposed acquisition of Austrian Airlines by Lufthansa. The draft decision will (...)

The Serbian Competition Authority conditionally clears a merger between two major European airlines subject to behavioural remedies (Lufthansa - Austrian Airlines)
University of Technology (Tallinn)
On 17 July 2009 Serbian Competition Authority (Комисија за заштиту конкуренције) (KZK) after an in-depth investigation issued a conditional clearance of the merger uniting two leading European airlines : Lufthansa and Austrian Airlines . At the moment of the application for the merger clearance Lufthansa was already (...)

The European Commission refines its analysis of relevant markets in the airline sector and accepts slot divestitures with grandfathered rights as remedy (Lufthansa/SN Airholdings)
Van Bael & Bellis
On 22 June 2009, the European Commission approved the acquisition by Deutsche Lufthansa AG («Lufthansa») of SN Airholding SA/NV, the holding company of SN Brussels Airlines («SN Brussels»), subject to commitments. This decision indicates that the Commission is moving towards a more nuanced analysis (...)

An Italian administrative Court asks the Constitutional Court whether a legislative measure having conditionally cleared the Alitalia/AirOne merger outside ordinary merger control is in compliance with the Italian Constitution (Federconsumatori)
All the undertakings are equal. It happens in Italy, however, that some undertakings are more equal than others and the State allows them to realise a concentration without subjecting them to ordinary merger control rules. The Italian Constitutional Court (Constitutional Court), in a (...)

The UK OFT refers two mergers in the market for local bus services to the Competition Commission (Stagecoach Group of Eastbourne Buses - Cavendish Motor Services)
Desogus Law Office (Cagliari)
The Office of Fair Trading (OFT) has recently referred to the Competition Commission (CC) two mergers between local bus operators . In October and December 2008, Stagecoach acquired the entire share capital of two Eastbourne local bus operators, first Eastbourne Buses and Cavendish Motor (...)

The Greek Competition Commission imposes a fine for a non-notification of a merger between two maritime companies (Sea Star, ANEK and HSW)
European Court of Justice (Luxembourg)
The importance of a decision of the Greek Competition Commission (GCC) concerning the Greek maritime sector cannot be fully understood without at least having a general knowledge of the fundamental place this sector has in Greece and, as a consequence, in the European Union. Greece is a (...)

The European Commission gives unconditional clearance to a merger between two Dutch airlines active in the transport of passengers and cargo (KLM/Martinair)
,
European Commission - DG COMP
"Mergers: main developments between 1 September and 31 December 2008"* On 17 December the Commission gave unconditional clearance to the proposed acquisition of Martinair by KLM, both Dutch airlines active in the transport of passengers and cargo. In September, the Commission opened an (...)

The European Commission clears a merger between Hungarian and Austrian companies both active in the provision of rail freight transport and freight forwarding services (Rail Cargo Austria/MÁV Cargo)
,
European Commission - DG COMP
"Mergers: main developments between 1 September and 31 December 2008"* On 25 November the Commission cleared the proposed acquisition of MÁV Cargo of Hungary by the Austrian company Rail Cargo Austria (RCA), both active in the provision of rail freight transport and freight forwarding services. (...)

The UK Office of Fair Trading decides not to refer a completed acquisition subjected to remedies in the airline industry to the Competition Commission (Air France-KLM / VLM)
Lenstore.co.uk
The operation Air France KLM SA (AF-KLM) is active in the provision of air transportation services (passengers and freight) and also of ground services such as passenger handling. AF-KLM operates 17 routes at London City Airport (LCY). VLM Airlines is a regional airline carrier registered in (...)

The OFT accepts undertakings in lieu of reference and clears the merger conditional to transfer of slots, while accepting that restoration of competition to pre-merger levels does not require to precisely replicate the pre-merger situation (Air France Finance-City Jet/VLM Airlines)
Desogus Law Office (Cagliari)
By a recent decision the OFT accepted the commitments offered by the merging parties upon the basis of Article 73 of Enterprise Act and conditionally cleared the Air France Finance-City Jet/VLM Airlines merger instead of referring it to the Competition Commission (CC) . The decision is (...)

The European Commission opens second phase investigation into a proposed acquisition in the airline sector (KLM/Martinair)
Van Bael & Bellis (Brussels)
On 8 September 2008, the Commission opened an in-depth investigation into the planned acquisition by KLM of fellow Dutch-carrier Martinair. Both KLM and Martinair, whose shares are currently split evenly between KLM and sea and land transport company Maersk, are active in air transport of (...)

The Italian Competition Authority amends behavioural remedies previously imposed in a concentration between two major Italian air carriers (Alitalia/Volare)
Desogus Law Office (Cagliari)
The Italian Competition Authority (ICA) has recently revised and modified the commitments it imposed for the approval of the 2006 concentration between two major Italian air carriers, Alitalia and Volare. The ICA conditionally cleared the transaction by requiring Alitalia to release the (...)

The European Commission clears an acquisition in the shipbuilding construction sector (STX / Aker Yards)
,
European Commission - DG COMP
"Mergers: main developments between 1 May and 31 August 2008"* In May the Commission approved the proposed acquisition of control of the Norwegian shipbuilder Aker Yards by STX of South Korea. After an in-depth investigation, launched in December 2007 the Commission concluded that effective (...)

The Spanish National Competition Commission expresses concerns about the merger between two German air transport companies and opened an in-depth investigation in Spain (Air Berlin / Condor)
Herbert Smith Freehills (Madrid)
After three months of investigation, on 25 March 2008, the Spanish Competition Authorities decided to open a second phase investigation regarding the proposed takeover of Condor Fledgiest GmbH (“Condor”) by Air Berlin Plc (“Air Berlin”). Condor is a charter carrier based in Germany, which mainly (...)

The French Minister of Economy imposes a moderate fine for failure to notify a merger (SNCF Participations)
Freshfields Bruckhaus Deringer (Paris)
,
Freshfields Bruckhaus Deringer (Paris)
On 28 January 2008 the Minister of Economy (the Minister) imposed a fine of 250,000 euros on SNCF Participations (SNCF P), a subsidiary of the SNCF group, in relation to the failure to notify the acquisition of sole control of Novatrans, a company operating in the market relating to the (...)

The UK’s OFT unconditionally clears a merger in the airline sector concluding that evidence of new market entry can mitigate high market shares (easyJet / GB Airways)
Herbert Smith Freehills (Brussels)
On 18 January 2008, the UK’s Office of Fair Trading (“OFT”) announced that it had cleared unconditionally the purchase of GB Airways Limited (“GB Airways”) by easyJet Airline Company Limited (“easyJet”). The OFT focused on relatively narrowly defined markets, considering scheduled flights on (...)

The Turkish Competition Board authorizes the assignment of the operational rights of the Antalya airport to third parties (Antalya Gazipa Airport/Aydoðan-Gazipa-TAV)
Erdem & Erdem (Istanbul)
By its decision dated 11 January 2007, the Turkish Competition Board (hereinafter referred as “CB”) granted authorization regarding the assignment of the operational rights of Antalya Gazipaºa Airportthrough renting all facilities, equipment and systems in its current borders, for a period of 25 (...)

The Spanish Competition Authority authorises the acquisition of the second operator by the first operator in the Spanish market for bus transport (National Express Group -Continental Auto)
Lenz & Staehelin (Zurich)
On 16 May 2007 National Express Group PLC (NEG), the first regular bus transport service provider in Spain, notified the former Spanish first-tier competition authority (Servicio de Defensa de la Competencia, SDC) of the acquisition of control over Continental Auto SLU (Continental Auto), the (...)

The Spanish Court for the Defence of Competition proposes the clearance, with certain conditions, of a merger in the maritime transport sector (Balearia / Buquebus)
Herbert Smith Freehills (Madrid)
The Court for the Defence of Competition has proposed the Government not to oppose a merger between two companies that provide fast-ferry services between the South of Spain and the North of Africa, including the Spanish city of Ceuta. This transaction consists in the acquisition of Buquebus, (...)

The European Commission clears merger between two US providers of electronic travel distribution services (GDS) (Travelport, Worldspan)
European Commission - DG COMP
"Bargaining and two-sided markets: the case of Global Distribution Systems (GDS) in Travelport’s acquisition of Worldspan"* As emphasised in a series of recent articles, the two- (or multi-)sided nature of a market should explicitly be considered in evaluating the existence and magnitude of (...)

The Spanish Competition Authority cleared in phase II with remedies a merger in the maritime freight and passenger transport sector, after review and acceptance of the remedies by the Council of Ministries (Balearia / Buquebus)
PwC (Madrid)
The operation The merger involved the acquisition of 100% of Buquebus shares by Gestión Naviera, the parent company of Balearia. The transaction agreement contained a non-compete clause, which committed the selling party not to compete with the merged company in the market for freight and (...)

The European Commission prohibits a merger in the airline sector for the first time (Ryanair/Aer Lingus)
European Commission - DG ECFIN
,
European Commission - DG ENER
,
European Commission - DG COMP
"Ryanair/Aer Lingus: Even “low-cost” monopolies can harm consumers"* I. Introduction The Ryanair/Aer Linguscase, which concerned a proposed merger of the two leading airlines operating from Ireland, raised a number of interesting procedural, legal and economic questions and required a (...)

The EU Commission prohibits a merger in the airline industry using econometric and survey evidence to assess the non-coordinated effects of the merger (Ryanair / Aer Lingus)
European Commission - DG COMP
,
Compass Lexecon (Brussels)
,
European Commission - DG COMP
"Econometric and survey evidence in the competitive assessment of the Ryanair-Aer Lingus merger"* I. Introduction Recently, the Commission prohibited the hostile takeover by Ryanair of Aer Lingus. The facts of this case differ from previous airline mergers assessed by the European Commission. (...)

The Latvian Competition Council prohibits a merger founding that it would strengthen the dominant position in two geographically distinct markets of towing services in port (Ostas Flote and PKL)
PwC (Riga)
On June 27, 2007, the Latvian Competition Council (CC) prohibited a merger between Ostas Flote and PKL. The proposed merger structure would involve creation of a new company which would take over businesses of both companies. The CC found that a merger between the parties would strengthen the (...)

The Turkish Competition Authority cleared with remedy a merger in the port cargo services market subject to non-discrmination remedy (TCDD - Port of Izmir)
Esin
The operation With the Transfer of the Operation Rights Agreement, the right to provide services at the Port of Izmir belonging to and used by TCDD such as sheltering, loading, unloading, shifting, terminal, warehousing and wharfing services, the provision of water to the ships, waste (...)

The Portuguese Competition Authority clears a merger in the air transport sector subject to remedies, including third parties access obligations, interlining agreements and freezing flights (Portugália/TAP)
PLMJ (Lisboa)
The operation Transportes Aéreos Portugueses, SGPS, S.A. (TAP) is a state-owned company which mainly operates in the air transport of passengers. Portugália - Companhia Portuguesa de Transportes Aéreos, S.A. (PGA) mainly operates in the regional air transport of passengers. TAP intends to acquire (...)

The Portuguese Competition Authority cleared in phase II a merger between the two main national airline companies with remedies including granting slots to third parties and not increasing the number of flights on certain routes (Portugália/TAP)
Uria Menéndez (Lisbon)
On 5 June 2007 the Portuguese Competition Authority (“AdC”) cleared the acquisition by the state-owned airline company TAP of its main Portuguese competitor Portugália, subject to commitments. This was the first case held by the AdC where a merger regarding passenger air transportation services (...)

The French Minister of Economy conditionally clears in phase I a merger in the railway laying and maintenance sector (Colas/Spie Rail)
University Paris II Panthéon‑Assas
The operation The operation concerned the acquisition of the Spie Rail company by the Colas company, a subsidiary of the Bouygues group active in the road and railway works. Through this transaction, Colas will acquire the sole control of Spie Rail. Spie Rail is a company specialised in the (...)

The French Minister of Economy grants conditional clearance to a merger in the railway laying and maintenance sector Colas / Spie Rail)
Freshfields Bruckhaus Deringer (Paris)
In its decision dated 14 May 2007, the French Minister of Economy cleared the acquisition of the Spie Rail company by the Colas company, a subsidiary of the Bouygues group active in the road and railway works. Through this transaction, Colas will acquire the sole control of Spie Rail. Spie (...)

The Turkish Competition Authority cleared a merger in the air transport market subject to 2 years slots divestiture (Lufthansa - Gunes Express )
Esin
The operation Lufthansa is an aviation group which is active all over the world together with its more than 400 subsidiaries and affiliates. The main field of business of Lufthansa is the passenger transportation. Other fields of business of Lufthansa are logistics, maintenance and repair, (...)

The UK Competition Commission clears a merger in the harbour towage sector subject to divesture commitments (SvitzerWijsmuller / Adsteam Marine)
Serle Court
The operation SvitzerWijsmuller A/S (‘Svitzer’), a subsidiary of the shipping operator A P Møller-Maersk A/S, is a Danish marine services company active in harbour, ocean and terminal towage, salvage, emergency response and rescue, and crew boat services. Adsteam Marine Limited (‘Adsteam’) is an (...)

The UK Competition Commission clears in phase II a merger between two marine services companies conditional to structural remedies (SvitzerWijsmuller - Adsteam Marine Limited)
Brown Brothers Harriman (BBH) (Luxembourg)
On 3 July 2006, Svitzer Wijsmuller A/S made an Offer to acquire all the shares of Adsteam Marine Limited . This proposed merger between two tugboat operators was conditional on the clearance of the UK merger control authorities. Facts and timing of the merger transaction The acquiring (...)

The Hungarian Competition Office gives conditional clearance to the creation of a joint venture in the press logistics sector (MédiaLog Fiege)
Oppenheim
,
Oppenheim - Budapest
MédiaLog was founded by various large Hungarian publishing companies such as Ringier Kiadó Kft. (“Ringier”), Népszabadság Kiadó és Nyomdaipari Zrt. (“Népszabadság”), Sanoma Budapest Kiadói Zrt. (“Sanoma”) and a major German logistics company F-LOGAG (“F-LOG”). According to the joint venture agreement 51% of (...)

The UK Competition Commission cleared a merger in the market for bus and coach services, subject to a divestment remedy (Stagecoach/Scottish Citylink)
Université de Genève
The operation On 23 October 2006, the UK Competition Commission (CC) ex-post cleared the joint-venture between Stagecoach Bus Holdings Limited (Stagecoach Bus) and Braddell plc (Braddell), conditional on the divestment of some of the joint-venture’s ‘Scottish Citylink’ branded (Braddell) or (...)

The UK Competition Commission cleared a merger in the markets for railway freight haulage and wagon maintenance, subject to a divestment remedy (EWS/Marcroft)
Université de Genève
The operation On 12 September 2006, the UK Competition Commission (CC) cleared the merger between Railway Investments Limited and Marcroft Holdings Limited, subject to the condition that Marcroft divests a significant part of its outstation business. Although the merger had been notified to (...)

The European Commission acknowledges the withdrawal of an acquisition in the market for standard ISO tank containers (China International Marine Containers/Burg Group)
,
European Commission - DG COMP
"Mergers — Main developments between 1 May and 31 August 2006"* A proposed acquisition by China International Marine Containers (“CIMC”) of the Dutch Burg Group (“Burg”) which had been notified in February was effectively abandoned during the Commission’s Phase II investigation. The transaction had (...)

The German Federal High Court holds that the de minimis condition of merger control does not apply (i) if there are related markets which are not de minimis, or (ii) if the sum of geographically related markets is not de minimis (Deutsche Bahn/KVS Saarlouis)
CRA International (London)
Summary The Bundesgerichtshof (Federal High Court) decided in the context of an appeal against a blocked merger between the local transport arm of Deutsche Bahn and regional transport company KVS, which operates in the Saar Region. The parties appealed against the Bundeskartellamt (Federal (...)

The Italian Competition Authority cleared a merger in the sector of air transport of passengers subject to slots release in order to comply with an EU Commission’s decision (Alitalia/Volare)
,
Chiomenti (Rome)
The operation On 13 April 2006, Alitalia notified a take over agreement according to which Alitalia was to acquire control of Volare. In order to overcome the ICA’s concerns, the parties committed to surrender two pairs of domestic slots (Linate-Bari and Linate-Lamezia Terme) and two pairs of (...)

The Italian Competition Authority cleared a merger in the air transport sector subject to the release a certain number of slots in order to comply with an EU merger Commission’s decision (Alitalia /Volare)
,
Chiomenti (Rome)
The operation On 13 April 2006, Alitalia notified a take over agreement according to which Alitalia was to acquire control of Volare. In order to overcome the ICA’s concerns, the parties committed to surrender two pairs of domestic slots (Linate-Bari and Linate-Lamezia Terme) and two pairs of (...)

The Jersey Competition Regulatory Authority allows a freight firm to acquire its rival conditional to structural remedies (Ferryspeed/ Channel Express)
Brown Brothers Harriman (BBH) (Luxembourg)
The operation The Jersey Competition Regulation Authority (“JCRA”) has granted permission for freight firm Ferryspeed (C.I) Limited (“Ferryspeed”) to take over rival Channel Express (C.I) Limited (“Channel Express”) on condition that it gives up a harbourside warehouse. In a decision issued on 3 (...)

The Spanish Competition Authority clears in phase II a merger in the markets for passenger and freight maritime transport subject to removal of structural links with competitors and limitation of exclusive rights on port infrastructure (Trasmediterranea / Europa Ferrys / Viajes Eurotras)
PwC (Madrid)
The operation The operation involved the acquisition of Euroferrys and Viajes Eurotras by Trasmediterránea. The transaction contract included a non-compete agreement, whereby the shareholders of the purchased companies committed not to develop activities competing with Euroferrys, for a term (...)

The Slovak and Austrian competition authorities investigate the agreement between Vienna and Bratislava airports (TwoOne)
PRK Partners (Bratislava)
,
SA Legal
In early February 2006 the Slovak Government approved the strategic partner for the Bratislava and Kosice Airports - the consortium “TwoOne” which should acquire a 66-percent stake in both airports. It is important to highlight that one of the partners of the consortium TwoOne is also the Vienna (...)

The Austrian Federal Competition Authority clears the acquisition of 66% of an airport by a consortium of investors, subject to remedies including a price cap and capacity and hold-separate commitments (Vienna Airport/Bratislava Airport)
Université de Genève
The operation The Austrian Federal Competition Authority (BWB) referred the acquisition of 66% of Bratislava Airport (BTS) by Vienna International Airport (VIE) and Penta Investments Limited to the Cartel Court (OLG) for a Phase II investigation. The acquisition was referred to the OLG as it (...)

The European Commission conditionally clears a merger in the airlines industry (Lufthansa/Eurowings Luftverkehr/ Germanwings)
,
European Commission - DG COMP
"Mergers — Main developments between 1 January and 30 April 2006"* On 22 December 2005 the Commission gave its approval to the proposed acquisition by Deutsche Lufthansa AG of Eurowings Luftverkehr AG and its subsidiary, the low cost airline Germanwings. Lufthansa is the principal airline in (...)

The Portuguese Competition Authority blocks a merger in the market for passenger road and rail public transport service in spite of proposed remedies (ATMS - Arriva Transportes da Margem Sul / Barraqueiro SGPS - Arriva Investimentos SGPS)
Cuatrecasas, Goncalves Pereira (Lisbon)
,
Entidade Nacional para o Mercado dos Combustíveis, E.P.E. (Portuguese National Entity for Fuel Market)
The present concentration was the first decision from the Competition Authority (“AdC”) prohibiting a merger in Portugal. It was notified to the AdC on 22 November 2004 and consisted of the acquisition of joint control by Barraqueiro SGPS, S.A. (“Barraqueiro”) and Arriva Investimentos SGPS, S.A. (...)

The EU Commission conditionally approves a merger in the shipping industry (TUI / CP Ships)
,
European Commission - DG COMP
"Mergers — Main developments between 1 January and 30 April 2006"* On 24 August the TUI company notified its intention to acquire the Canadian shipping company CP Ships. TUI owns the Hapag-Lloyd shipping company. Both CP Ships and Hapag-Lloyd are active in container liner shipping. After the (...)

The Austrian Federal Competition Authority clears the partial acquisition of a local airline by a tourism company subject to commitment not to ask for or accept preferential treatment in ground handling fees (Kaernten Tourismus/Styrian)
Université de Genève
The operation In October 2005, the Austrian Federal Competition Authority (BWB) cleared the acquisition of 42.85% of Styrian Airways AG (Styrian) by Kaernten Tourismus Holding (Kaernten Tourismus), subject to remedies. Amongst other interests, Kaernten Tourismus holds a majority share of (...)

The European Commission refers to the UK OFT the examination of a joint acquisition in the airlines industry (Exeter Airport/MAG/Ferrovial Aeropuertos)
,
European Commission - DG COMP
"Mergers — Main developments between 1 May and 31 August 2005"* Following a request from the UK Office of Fair Trading (OFT) under the EU Merger Regulation, the European Commission decided to refer the competence to assess the impact of the joint acquisition of Exeter Airport by the Macquarie (...)

The European Commission clears an acquisition creating the world’s largest shipping company (PONL/Maersk)
,
European Commission - DG COMP
"Mergers — Main developments between 1 May and 31 August 2005"* The European Commission cleared under the EU Merger Regulation the proposed acquisition of the shipping company Royal P&O Nedlloyd (PONL) by AP Moller-Maersk A/S (Maersk). The Commission’s clearance was conditional upon the (...)

The French Minister of Economic Affairs cleared in phase II a merger in the market of airport services conditional to structural and behavioural remedies and the nomination of a trustee (Vinci/France Handling)
Brown Brothers Harriman (BBH) (Luxembourg)
The operation By letter dated 25 July 2005, the French Minister of Economic Affairs (“the Minister”) authorised a merger where France Handling, an undertaking jointly held by Aéroports de Paris (AdP), Danzas and Aérofret, was acquired by Groupe Vinci via its subsidiary Vinci Services (...)

The European Commission conditionally clears a merger in the airlines industry (Lufthansa/Swiss International Airlines)
,
European Commission - DG COMP
"Mergers — Main developments between 1 May and 31 August 2005"* The European Commission has cleared under the EC Merger Regulation the proposed acquisition by German air transport company Deutsche Lufthansa of the Swiss International Air Lines. The Commission’s clearance is conditional upon the (...)

The Norwegian Ministry of Government Administration and Reform cleared subject to a behavioural remedy a merger previously prohibited by the NCA (Swarco/Peek)
Ernst & Young
The operation On 28 August 2004, the Norwegian Competition Authority (NCA) was notified of the acquisition of Peek Trafikk AS by Swarco Norge AS. Swarco distributes and operates traffic-actuated control systems. Peek distributes and operates traffic-actuated control systems and parking (...)

The Turkish Competition Authority clears a merger in the maritime transportation sector subject to limitation of the scope of the joint venture to the relevant market (Eregli-Denizcilik)
Esin
The operation The Parties are real persons who are active in different areas of sea transportation through their direct or indirect shareholdings in various companies. However none of the Parties have any direct or indirect shareholding in any company which is active in the relevant product (...)

The French Minister of Economic Affairs clears a merger in the markets of road transportation conditional to structural remedies (Charles André)
Brown Brothers Harriman (BBH) (Luxembourg)
The operation By letter dated 2 September 2004, the French Minister of Economic Affairs (“the Minister”) authorised a merger where Charles André SAS acquired Citaix. Both parties were active in the road transport business (Charles André in the road transport by tank trucks and Citaix in the road (...)

The UK Office of Fair Trading clears the acquisition of a rail passenger services franchise by an existing operator of rail and bus services subject to behavioral remedies (Arriva/ Wales and Borders rail franchise)
Added Value Capital Partners (AVCP)
The operation Arriva plc (“Arriva”) operates an extensive range of public transport services across the UK, including buses, trains and commuter coaches. Arriva Passenger Services Limited (“APS”) is the holding company for a number of bus subsidiaries, including companies which operate in Wales (...)

The UK Competition Commission cleared subject to behavioural remedies an acquisition of a rail franchise by the leading supplier of bus travel (FirstGroup/ScotRail)
Serle Court
The operation FirstGroup was the leading supplier of bus travel in the UK with four bus subsidiaries in Scotland. As at April 2004, it was also the operator of five passenger train operating companies. The Scottish rail franchise operated by ScotRail accounted for 95 per cent of railway (...)

The Spanish Competition Authority cleared with remedies a proposed merger in maritime transport services but the Council of Ministries required additional provisions for the implementation of the remedies (Balearia/UMAFISA)
PwC (Madrid)
The operation The operation involved the acquisition of UMAFISA by Eurolíneas Marítimas, a subsidiary of the Balearia group. The activities of the Balearia group focus on the provision of (passengers and freight) maritime transport services, mainly in the Mediterranean Sea (routes between (...)

The Irish Competition Authority cleared a merger in the market for ferry routes between Great Britain and Ireland subject to... notification of future acquisitions (Stena/P&O)
Université de Genève
The operation On 5 April 2004 the Irish Competition Authority (“ICA”) cleared in a Phase 1 decision the acquisition by Stena AB (“Stena”) of all the assets of P&O relating to P&O’s ferry business between the Irish sea ports of Larne (Northern Ireland) and Fleetwood (Great Britain (“GB”)). (...)

The UK Competition Commission partially clears an acquisition of freight and ferry assets but prohibits the acquisition of assets operating on some routes (Stena/P&O)
Serle Court
The operation Stena AB comprises a number of business divisions, including: StenaLine, providing ferry services in and between Scandinavia, Great Britain, Ireland, the Netherlands, Germany and Poland; Stena RoRo providing ferry services to the transport industry; and Stena Bulk providing crude (...)

The German Bundeskartellamt clears a joint venture in the local public transport sector, under the condition that contracts for local public transport services be increasingly awarded through competitive procedures (DB Regio/Ustra Intalliance)
Baker McKenzie (Dusseldorf)
The operation On 7 July 2003 the Bundeskartellamt was notified of the proposal of DB Regio AG (“DB Regio”) and üstra Hannoversche Verkehrsbetriebe AG (“üstra”), to combine their local public transport activities in the greater Hanover area in the joint venture üstra intalliance AG (“intalliance”). (...)

The German Competition Authority approves conditionally an acquisition in the local transport sector (DB / Stadt- und Regionalbus Göttingen)
German Competition Authority (Bonn)
Merger between DB AG and Stadt- und Regionalbus Göttingen cleared under strict obligations directed at opening up the market* The Bundeskartellamt has approved plans of Deutsche Bahn AG to acquire a 49.9% share in the company Stadt- und Regionalbus Göttingen GmbH (SRG) via its subsidiary (...)

The Spanish Supreme Court annuls a merger prohibition decision in the local bus transport sector as the operation was already tacitly cleared (Salcai/Utinsa)
Cuatrecasas, Goncalves Pereira (Madrid)
,
Cuatrecasas, Goncalves Pereira (Madrid)
On April 1, 2002, in the case Salcai/Utinsa, the Spanish Supreme Court (Tribunal Supremo, TS) for the first time annulled completely a decision adopted by the Council of Ministers regarding the prohibition of a merger. Background The parties involved in the merger were two local transport (...)

The German Bundeskartellamt clears a merger in the online travel agency industry (Bild.de / T-Online)
European Court of Justice (Luxembourg)
,
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 (...)

The European Commission refers to the Norwegian Competition Authority the examination of the impact on the oil and gas markets of a proposed acquisition of an Anglo-Norwegian firm by another Norwegian company (Aker Maritime/Kvaerner)
European Commission - DG ECFIN
,
European Commission - DG COMP
,
Financial Conduct Authority (FCA)
"Merger Control: Main developments between 1st January 2002 and 30th April 2002"* The Commission referred to the Norwegian Competition Authority the examination of the impact on the oil and gas markets of the proposed acquisition of the Anglo-Norwegian firm Kvaerner by Aker Maritime of Norway. (...)

The German Bundeskartellamt cleared a merger in the air transport sector subject to remedies, including the transfer of scheduled flight services, the making available of slots and the divestment of aircraft (Lufthansa/Germanwings)
Baker McKenzie (Dusseldorf)
The operation On 22 November 2000 the parties notified the Bundeskartellamt of the proposed acquisition of 49% of the equity capital of Eurowings Luftverkehrs AG (“Eurowings”) by Lufthansa AG (“Lufthansa”). Lufthansa and Eurowings are both civil aviation airlines and operate a number of related (...)

The European Commission agrees to a request from the UK authorities to refer to them the examination of the acquisition in the railway transport sector (Govia/Connex South Central)
European Commission - DG ECFIN
,
European Commission - DG COMP
,
Financial Conduct Authority (FCA)
"Merger control: main developments between 1 May and 31 August 2001"* On 20 July, the Commission agreed to a request from the UK authorities to refer to them the examination of the acquisition by the Newcastle-based Go-Ahead Group and Paris-based Keolis SA of joint control of London-based (...)

The French Minister of Economy cleared in Phase II an extra-territorial merger in the flight services sector subject to behavioural remedies consisting in an information barrier (Boeing - Jeppsen)
French Competition Authority (Paris)
The operation The Minister cleared in phase II a merger between Boeing and Jeppesen subject to remedies. The markets The markets involved were the flight planning services, the flight operating services, the flight information services and the accessories. The relevant markets were defined (...)

The European Commission starts an in-depth investigation into a planned online travel agency leading the parties to change the structure of their venture and to withdraw the merger (T-Online, TUI and C&N)
European Court of Justice (Luxembourg)
,
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 (...)

The European Commission clears, subject to remedies, an acquisition in the terrestrial transport sector (Bombardier / ADtranz)
European Commission - DG ECFIN
,
European Commission - DG COMP
,
Financial Conduct Authority (FCA)
"Merger Control: Main developments between 1st January 2001 and 30th April 2001"* On 3 April the Commission decided to authorise the takeover of DaimlerChrysler‘s rail business division ADtranz by Bombardier of Canada, subject to commitments. As initially notified, the operation would have led (...)

The European Commission authorizes, subject to remedies, a merger between two US airlines (United Airlines/US Airways)
European Commission - DG ECFIN
,
European Commission - DG COMP
,
Financial Conduct Authority (FCA)
"Merger Control: Main developments between 1st January 2001 and 30th April 2001"* In January, the Commission authorised UAL Corp., whose principal operating subsidiary is United Airlines Inc., to acquire US Airways Group Inc. The Commission’s review showed that the operation could raise (...)

The European Commission refers part of a proposed concentration in the terrestrial transport sector to the UK authorities (C3D/Rhône/Go-Ahead)
Service européen pour l’action extérieure (EEAS)
,
Financial Conduct Authority (FCA)
,
European Commission - DG COMP
"Merger Control: main developments between 1st September 2000 and 31st December 2000"* The European Commission decided to refer part of the proposed takeover by French company C3D and Rhône Capital LLC of the Go-Ahead Group Plc to the UK competition authorities. The referral to the UK (...)

The European Commission clears, following an in-depth investigation, an acquisition in the satellite industry (Boeing/Hughes)
Service européen pour l’action extérieure (EEAS)
,
Financial Conduct Authority (FCA)
,
European Commission - DG COMP
"Merger Control: main developments between 1st September 2000 and 31st December 2000"* The European Commission decided to clear the proposed acquisition by the Boeing Company of the satellite business of Hughes Electronics Corporation following an in-depth investigation. The investigation (...)

The European Commission acknowledges the abandonment of a proposed acquisition in the airlines industry (SairGroup/CGD/Partest/Portugália)
Service européen pour l’action extérieure (EEAS)
,
Financial Conduct Authority (FCA)
,
European Commission - DG COMP
"Merger Control: main developments between 1st May 2000 and 31st August 2000"* The deal was abandoned after the Commission had opened an in-depth investigation into the proposed joint control of Portuguese airline Portugália by SAirGroup, Caixa Geral de Depósitos, Partestand Banco Comercial (...)

The European Commission authorizes the merger between two US civil and military aerospace companies raising the issue of international cooperation in antitrust matters (Boeing / McDonnell Douglas)
European Commission - DG COMP
"International co-operation in antitrust matters: making the point in the wake of the Boeing/MDD proceedings"* Faced with “global” cases antitrust authorities worldwide need to cooperate Global trade and competition have an impact on most of the policies carried out by Governments all over the (...)

The European Commission approves, subject to remedies, a merger between two US civil and military aerospace companies (Boeing / McDonnell Douglas)
European Commission - DG COMP
"Merger : Summary of the most important recent developments"* After an intensive five-month investigation, the Commission found that Boeing, a fully integrated civil and military aerospace company, already had a dominant position in the worldwide market for large commercial jet aircraft. (...)

The European Commission approves a merger in the rail transportation sector (ABB/Daimler Benz)
,
DG REGIO Regional and urban policy
"Mergers Summary of the most important recent developments"* In the proposed joint venture ABB and Daimler Benz intended to combine their worldwide activities in the field of rail transportation. The merger will lead to the world’s largest firm in this sector. In Europe, Daimler’s and ABB’s (...)

The European Commission approves, subject to remedies, a concentration between a Swiss and a Belgian airlines companies(Swissair/Sabena)
DG REGIO Regional and urban policy
,
European Commission - DG HR
"Mergers : summary of the most important recent developments"* The Swissair/Sabena concentration was authorised at the end of a phase 1 investigation on the basis of commitments given by the governments and companies concerned. Swissair purchased 49.5% of the shares with the Belgian State (...)

State Aids

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 (...)

The EU General Court rules that the EU Commission failed its duty to act following a complaint by low cost airline against alleged State aid to Italian airlines (Ryanair)
Van Bael & Bellis (Brussels)
On 29 September 2011, the General Court handed down its judgment concerning complaints by Ryanair concerning alleged state aid to Italian airlines. The General Court found that the Commission had failed in its duty to act on the complaints. The case stems from letters sent by the low (...)

The European Commission approves State aid scheme notified by Belgium in order to restructure railways company (SNCB)
European Commission - DG COMP
"State aid: main developments between 1 May and 31 August 2010"* The Commission has authorised on 26 May 2010 SNCB‘s plans to restructure its freight activities and convert its freight division into a subsidiary. In December 2009 Belgium notified a project to restructure SNCB‘s freight (...)

The European Commission approves a proposal by the Cyprus Government to impose a special reduced tax on companies engaged in international maritime transport (Cyprus Tonnage Tax Scheme)
European Commission - DG COMP
"State aid: main developments between 1 January and 30 April 2010"* The Commission has approved a proposal by the Cyprus Government to impose a special reduced tax on companies engaged in international maritime transport; this tax would replace the corporate tax. The Cyprus government has (...)

The European Commission approves State aid granted to shipyard in Poland (Restructuring aid to Stoczni Gdansk)
European Commission - DG COMP
"State aid: main developments between 1 May and 31 August 2009"* On 22 July 2009, following an in-depth investigation that began in June 2005, the Commission authorised various support measures worth € 251 million, spread over several years and extending into the future, to assist the Gdansk (...)

The European Court of Justice imposes a two-fold penalty on Greece under an Article 228 EC procedure for non-recovery of illegal State aid granted to airline company (Olympic Airways)
Van Bael & Bellis (Brussels)
On 7 July 2009, the European Court of Justice (ECJ) imposed a two-fold penalty on Greece under an Article 228 EC procedure for non-recovery of illegal State aid granted to Olympic Airways. The case dates back to 2002 when the Commission found certain aid granted to Olympic Airways incompatible (...)

A German Regional Court rules that an EC Commission decision ordering recovery of an illegal aid measure must first be issued before a German court may deal with a request brought by a competitor ("Ryanair 4")
European Commission - DG COMP
,
Maersk (Copenhagen)
Brief description of the facts and legal issues The Coblence Higher Regional Court of appeal rejects the appeal lodged by Lufthansa against LG Bad Kreuznach’s judgment and rules that the appeal lacks a legal basis. A Commission decision (be it provisional or definitive) ordering the recovery of (...)

An Italian Court holds that the decision of the EC Commission to open a formal investigation procedure on the same State aid measure at stake before national courts, is not per se sufficient to prove the fumus boni iuris to grant interim relief (AirOne)
EUJUS Law Firm (Rome)
Factual background The Court, in line with its previous judgment of 9 September 2008 (Case of the Court of first instance of Sassari Alghero, 09 September 2008, on the same issue), rejected the claims made by AirOne asking for a declaration of unlawful State aid granted to Ryanair and for an (...)

The German Administrative court rules that a service contract for the regional rail public transport is not subjected to State aid notification (Nordrhein-Westfalen)
European Commission - DG COMP
,
Maersk (Copenhagen)
Brief description of the facts and legal issues The Gelsenkirchen Administrative Court holds that a service contract for regional public rail transport is not subject to a notification requirement. A definitive Commission decision stating declaring that Article 87(1) EC has been infringed is (...)

The EU Court of First Instance annuls the Commission decision on State aid granted to a low cost airline (Ryanair)
Van Bael & Bellis (Brussels)
On 17 December 2008, the Court of First Instance (hereinafter the ‘CFI’) annulled the Commission decision in which the Commission had found that the advantages granted by the Walloon Region and Brussels South Charleroi Airport (‘BSCA’) to Ryanair constituted illegal State aid. The CFI found, in (...)

The Dutch Court of Appeal rules that an objective justification under the State aid rules does exist for tax measures that are of a purely technical nature (Ryanair - Maastricht Aachen Airport)
Hogan Lovells (Amsterdam)
Factual Background With effect from 1 July 2008, the Dutch Government introduced a new tax law levying a EUR 45 flight tax for all passengers on board flights departing from the Netherlands for destinations outside the European Union, and EUR 11.50 for destinations within the European Union. (...)

The French Court of appeal rejects plea of alleged State aid measures from an unsuccessful bidder for a public service concession finding that the contract of public service could include clauses where compensation for the provision of the public service could be actualised or revised (Syndicat mixte de transports en commun de l’agglomération de Bayonne)
Sheppard Mullin (Brussels)
,
European Court of Justice (Luxembourg)
Factual Background The syndicate seeks the annulment of the judgment of the administrative court of Pau (first instance) in which the applicant had obtained the annulment of a decision of the city of Bayonne granting a concession to an undertaking for the operation of public transport. The (...)

A German higher regional court quashes the 2006 ruling of a lower regional court and rejects an air carrier claims on grounds of inadmissibility and on the merits, holding that Art. 87 and 88 EC as the related national provisions cannot be construed as supporting claims of competitors (Ryanair 2)
Maersk (Copenhagen)
Factual background The Higher Regional Court had to deal with the appeal against the “Ryanair 1” decision of the Kiel Regional Court of 27 July 2006 (see Kiel District Court of 27 July 2006, Landgericht Kiel 1 (Kammer für Handelssachen), 14 O Kart. 176/04, “Ryanair 1”). In its appeal the defendant (...)

The Italian Constitutional Court holds that a regional tax provision could potentially impose a selective tax burden on non-resident undertakings and therefore constitute unlawful State aid for undertakings domiciled for tax purposes in the region (Region of Sardinia)
EUJUS Law Firm (Rome)
Factual background The President of the Council of Ministers (“PCM”) sought a declaration of unconstitutionality in respect of certain provisions contained in Law No. 4 of the Region of Sardinia of 11 May 2006, (Miscellaneous provisions on revenue, reclassification of costs, social policy and (...)

The European Court of Justice rules that Greece had failed to comply with a Commission State aid decision issued in 2005 by not taking necessary measures to recover illegal aid granted to airline company (Olympic Airways Services and Olympic Airlines)
Van Bael & Bellis (Brussels)
On 14 February 2008, the European Court of Justice (the ECJ) ruled that Greece had failed to comply with a Commission State aid decision issued in 2005 by not taking necessary measures to recover illegal aid granted to Olympic Airways Services and Olympic Airlines. The public financial (...)

The Spanish Supreme Court annuls the Canary Islands aid scheme for the creation of a public service of maritime cabotage for being discriminative (Garajonay Expres)
Hogan Lovells (Madrid)
,
Allianz (Brussels)
Brief description of the facts and legal issues: Appeal before the Supreme Court by the Government of the Canary Islands and an individual (the “Appellants”) against a judgement of the Superior Court of Justice of the Canary Islands (the “Court”) declaring the scheme of aids for the creation of a (...)

The Portuguese Supreme Administrative Court receives preliminary ruling from the ECJ on State aid case in public transport field (Antrop)
New University of Lisboa - Faculty of Law
,
University of Coimbra - Faculty of Law
Brief description of the facts and legal issues Parties: The applicant: Associação Nacional de Transportadores Rodoviários de Pesados de Passageiros (hereinafter referred to as "Antrop") and Others; The defendant: Conselho de Ministros, Companhia Carris de Ferro de Lisboa SA ("Carris"), (...)

The Greek State Council declares inadmissible a submission that the misestimation of the cost of the provision of certain services by the authority who conducted a public tender amounted to State aid to the winning bidder, on the grounds that Article 87 EC does not have direct effect, but is applied on the initiative of the European Commission (Bus Operator)
International Transport Forum
Parties Applicant: Bus operator Defendant: Greece (Prefectural Administration of Serres) Facts On 21.07.2005, the prefectural committee for education and youth of the prefectural administration of Serres (Serres being a prefecture in the north of Greece and in particular in the geographical (...)

The Dutch Court of Appeal qualifies guarantees issued by a port as a form of State aid that should have been notified to the European Commission (Resiex Capital)
Hogan Lovells (Amsterdam)
Factual Background In August 2004, it appeared that the former director of the Port of Rotterdam - owned by the Municipality of Rotterdam - had agreed to authorize a number of bank loan guarantees to a total amount of approximately EUR 100 million. The director of the Port of Rotterdam had (...)

The Regional Administrative Court of Sardigna holds that when the EU Commission declares an aid to be incompatible, the unlawful aid should be recovered notwithstanding the fact that the national law that provided for the measure has not been repealed (Sardegna Lines)
EUJUS Law Firm (Rome)
Factual background The applicant was a company active in the sector of water transport. On 22 July 1992 Credito Industriale Sardo S.p.A. (C.S.I.), one of the major banks of Sardinia, granted the applicant an subsidised loan under Regional Law no. 20/1951. However, the European Commission, (...)

A German regional court holds that Art. 88.3 EC does not confer any specific protection to a competitor and does not entitle the latter to challenge the award of State aid; therefore, the payment of so-called marketing support from an airport operator to an airline company does not constitute an unlawful action to the detriment of a competitor, even if the payment is inadmissible according to EC State aid law (Ryanair 3)
Maersk (Copenhagen)
Factual background The defendant manages the airport of Frankfurt-Hahn. Ryanair is the most important airline flying to and from Frankfurt-Hahn airport, using this airport as its European continental basis. The defendant is 65% owned by a publicly listed company; the Federal States Hesse and (...)

A German regional Court refuses to order recovery of unlawful State aid granted by Frankfurt airport to a low cost carrier (Ryanair/Lufthansa)
McDermott Will & Emery (Düsseldorf)
Background The low-cost carrier Ryanair and alleged State aid granted to Ryanair continue to keep the European Commission and Member State courts in terms of State aid law busy. The most recent example is a decision by the Landgericht Bad Kreuznach. The facts The defendant operates the (...)

The Italian Supreme Court rules that provisions on tax breaks are of strict interpretation and not subject to be extended to cases different than the one ruled, the extension otherwise constituting State aid within the meaning of Art. 87 EC (TRA.IN)
EUJUS Law Firm (Rome)
Factual background Legislative Decree No. 446/1997 introduced a Regional tax on production activities. The provisions regarding the estimate assessment of the Regional taxation regime have been subject to multiple amendments which have created doubts over whether specific requirements would be (...)

A Swedish Court embraces its role as EC state aid law enforcer (Skyways Express / Kristianstad Airport)
General Court of the European Union (Luxembourg)
,
Kreab
Introduction This case is interesting as it is one of the few state aid cases that has been brought before a Swedish court. Although, there will be no final judgment on the case it represents a positive development in the application of EC law at national level, in particular, since the (...)

The Bulgarian NCA cleared a State aid in the form of compensation for public transportation services under national State aid rules (Elena Avtotransport)
Kinstellar (Sofia)
By this Decision of 2 November 2006 the Bulgarian Commission for Protection of Competition (“the Commission”) cleared a State aid in the form of compensation for public transportation services, provided on the territory of Municipality of Elena, North-Eastern Bulgaria, by the transport operator (...)

The Spanish Superior Court of Justice of the Canary Islands authorises recovery of a State aid granted and paid to a company for breaching its contract of public services (Servicio regular La Gomera)
Hogan Lovells (Madrid)
,
Allianz (Brussels)
Factual Background: Appeal by the Town Hall of La Gomera against a judgment of the Court of Santa Cruz de Tenerife annulling two resolutions which ordered the recovery of a State aid granted and paid in advance to a company rendering public coastal shipping services in La Gomera. The Town Hall (...)

The German Kiel District Court found that a low cost airplane company received unlawful State aid (Ryanair)
McDermott Will & Emery (Düsseldorf)
Background The low-cost carrier Ryanair does not only offer cheap flights, but also keeps the European Commission and Member State courts in terms of State aid law busy. The most recent example is a decision by the Landg-ericht Kiel. The facts The defendant operates the airport of Lübeck, (...)

The English High Court, Queen’s Bench Division, Administrative Court rules that an element of the charging regime for track access rights was not unlawful State aid, as there was no benefit or advantage which distorted or threatened to distort competition by favouring open access operators as opposed to franchise operators as their situations were very different (Great North Eastern Railway)
Freshfields Bruckhaus Deringer (Tokyo)
An element of the charging regime for track access rights was not unlawful state aid. There was no benefit or advantage which distorted or threatened to distort competition by favouring open access operators as opposed to franchise operators as their situations were so different. Factual (...)

The Irish High Court refuses an application for a stay in proceedings seeking recovery of State aid as a lowcost air carrier had failed to demonstrate that it would suffer irreparable harm if the stay was not granted (Ryanair)
Freshfields Bruckhaus Deringer (Tokyo)
Brief description of the facts and legal issues The High Court refused an application for a stay in proceedings seeking recovery of State aid as Ryanair had failed to demonstrate that it would suffer irreparable harm if the stay was not granted. Parties: The plaintiff: Kingdom of Belgium The (...)

A German district court holds that the difference of terms between two airlines operator concerning the use of Lübeck airport amounts to unlawful State aid (Ryanair 1)
Maersk (Copenhagen)
Factual background The defendant managed the airport of Lübeck. Until 2005, it was publicly controlled by the city of Lübeck, which was under a contractual duty to fully compensate for the airport’s losses. After 2005 however, it was organised as a private company. The defendant’s tariffs for (...)

An Italian administrative court does not excludes, prima facie, that a law providing for the reduction of the airport charges in favour of air carriers could infringe Art. 87 EC on the ground that even general measures could be regarded as selective if they confer an advantage only to specific undertakings (Alitalia)
EUJUS Law Firm (Rome)
Factual background The Court assessed the applicant’s request for an interim injunction in relation to the annulment of several administrative provisions (Guidance Provision by the Ministry of Infrastructure and Transportation of December 30, 2005 and ENAC Notes 4071 and 4072 of Janu