Commitment Decisions

Anticompetitive practices

The Indian National Company Law Appellate Tribunal (NCLAT) upholds the Indian Competition Authority’s record fine imposed in the cement cartel case (Builders’ Association of India / Cement Manufacturers’ Association)
Vaish Associates, Advocates (New Delhi)
NCLAT upholds the highest penalty imposed by CCI on cement cartel* The National Company Law Appellate Tribunal (NCLAT) by way of a judgement dated 25 July 2018 has upheld the penalty imposed by the Competition Commission of India (CCI) on 11 cement companies for cartelization. The CCI in its (...)

The French Competition Authority fines a human resource consulting firm for non-compliance with certain remedies addressing practices implemented in the temporary employment sector (Randstad)
French Competition Authority (Paris)
Temporary employment sector* The Autorité de la concurrence fines Randstad 4.5 million euros for non-compliance with certain commitments undertaken in 2009 The Autorité de la concurrence today issues a decision imposing a joint fine on companies Groupe Randstad France SAS, Randstad SAS, (...)

The Italian Competition Authority clears a horizontal cooperation agreement in the telecommunication sector by a commitment decision (Flash Fiber)
Desogus Law Office (Cagliari)
In the Flash Fiber case the Italian Competition Authority (ICA) has closed by a commitment decision an Article 101 TFEU investigation into a horizontal cooperation agreement concerning the telecommunication sector. After the implementation of the commitments agreed with the parties, the ICA (...)

The French Competition Authority closes its investigation against agricultural tractor manufacturers after ensuring that they change their commercial practices in respect of dealers in order to strengthen competition and diversify supply (John Deere / AGCO)
French Competition Authority (Paris)
Sale of agricultural tractors* The Autorité closes the investigation against agricultural tractor manufacturers John Deere and AGCO (Massey Ferguson, Fendt, Laverda and Valtra). It has ensured that the manufacturers change their commercial practices in respect of dealers in order to (...)

The Spanish Supreme Court voids an exclusive-supply agreement in the energy sector that was previously subject to a commitments decision by the EU Commission (Repsol)
Van Bael & Bellis (Brussels)
Spain’s Supreme Court has voided a contract including an exclusive-supply clause in favour of Repsol, following a judgment of the Court of Justice of the European Union (“ECJ”) in which the ECJ confirmed that national courts are not precluded from assessing potentially anti-competitive agreements (...)

The Hellenic Competition Authority accepts remedies ending competition concerns related to franchise agreements in the pizza market (Roma Pizza)
Hellenic Competition Authority (Athens)
HCC has accepted commitments proposed by Roma Pizza S.A. to address competition concerns with regard to the terms of its franchise / distribution system following a complaint by former franchisees* By its unanimous decision no. 639/2017, the Chamber of the Hellenic Competition Commission (...)

The Danish Competition Authority accepts remedies proposed by companies in a case concerning an agreement on supply of cash handling and transportation services (Loomis)
Danish Competition and Consumer Authority (Copenhagen)
Commitment decision on free choice of provider of cash handling and cash transportation services* The Danish Competition and Consumer Authority (“DCCA”) has accepted commitments offered by the parties in a case concerning an agreement on supply of cash handling and transportation services. The (...)

The Irish Competition Authority secures commitments from a number of universities to change their procurement practices in the supply of graduation gowns
Irish Competition Authority (Dublin)
CCPC secures commitments in the supply of graduation gowns* The Competition and Consumer Protection Commission (CCPC) has secured Commitments from a number of Irish universities to change their procurement practices in the supply of graduation gowns. Following a complaint, the CCPC sought (...)

The EU Court of Justice deals a blow to the Commission’s power to close antitrust investigations with commitment decisions (Gasorba / Repsol)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
On November 23, 2017, the Court of Justice of the European Union (Court of Justice) dealt a blow to the European Commission’s (Commission) power to close antitrust investigations with commitment decisions, with its ruling in Case C-547/16 Gasorba et al. v. Repsol. The Court of Justice ruled that (...)

The Croatian Competition Authority accepts remedies proposed by companies operating in the marine engines market (Duing / Fred Bobek)
Croatian Competition Agency (Zagreb)
Accepted Commitments by Duing and Fred Bobek* The Croatian Competition Agency (CCA) closed two proceedings for the establishment of prohibited agreements by accepting commitments proposed by the parties concerned – Duing d.o.o. from Viškovo and Fred Bobek d.o.o. from Vodice active in the sales (...)

The EU Commission accepts commitments to remove most favoured nation clauses from e-book distribution agreements (Amazon)
Van Bael & Bellis (Brussels)
On 4 May 2017, the European Commission (“Commission”) announced that it had accepted, pursuant to Article 9 of Regulation (EC) No.1/2003, to make binding commitments that Amazon offered ending the use of parity clauses in distribution agreements with electronic book (“e-book”) publishers. These (...)

The German Competition Authority ends proceedings against a dominant firm on the antennas market (Funkturm)
German Competition Authority (Bonn)
Bundeskartellamt ends proceedings against Deutsche Funkturm after pricing structure amendments* The Bundeskartellamt has terminated the administrative proceedings which it initiated against Deutsche Funkturm GmbH, Münster in January 2015. In the proceedings the authority investigated suspected (...)

The Indian Competition Appellate Tribunal (COMPAT) upholds the Indian Competition Authority’s decision against car manufacturers in the spare car parts markets (Ford India / Nissan Motor India / Toyota Kirloskar Motor)
Vaish Associates, Advocates (New Delhi)
Competition Appellate Tribunal (COMPAT) rejects appeals of Ford, Nissan and Toyota against CCI Order in Car Spare Parts case but reduces penalty amounts* In an important and path breaking order the Competition Appellate Tribunal (COMPAT) vide order dated December 9, 2016 has upheld the earlier (...)

The Croatian Competition Authority accepts remedies proposed by a distributor of motor vehicle parts and accessories suspected to have concluded anticompetitive vertical agreements (Drezga)
Croatian Competition Agency (Zagreb)
CCA accepted committments by Drezga d.o.o.* The Croatian Competition Agency (CCA) opened the ex-officio infringement proceeding against the undertaking Drezga d.o.o., an authorised distributor for Husqvarna Group products, based on the fact that the contracts this undertaking concluded with (...)

The EU Commission accepts commitments on geo-blocking practices restricting passive sales of audio-visual content (Paramount)
Van Bael & Bellis (Brussels)
On 26 July 2016, the Commission made legally binding the commitments offered by Paramount Pictures (“Paramount”) as it considered that they adequately addressed its concerns regarding specific contractual clauses restricting passive sales. In July 2015, the Commission had expressed concerns that (...)

The EU Commission accepts commitments on geo-blocking practices restricting passive sales of audio-visual content (Paramount)
Fieldfisher (London)
Territorial restrictions in media content licensing – lessons from the Paramount commitments decision* The European Commission’s battle against territorial restrictions in media content licences continues on a number of fronts. One of those is an investigation launched in January 2014 into (...)

The Hong Kong Competition Commission welcomes the decision of an association ending a practice of retail price fixing (Newspaper Hawker Association)
Hong Kong Competition Commission
Competition Commission welcomes quick rectification by Hong Kong Newspaper Hawker Association on retail price of branded cigarettes* The Competition Commission (Commission) today (31 May) welcomes the quick action by the Hong Kong Newspaper Hawker Association (Association) to withdraw the (...)

The Moldovan Competition Authority accepts commitments from tour operators and airlines in the charter air passenger transport market (Scavolin)
Faculty of Law - University of Macau
On 4 November 2011 the Moldovan Competition Authority (CC) concluded its investigation into the alleged anti-competitive practices on the market for charter air passenger transport by accepting a series of commitments offered by the tour operators and airline companies involved. The case (...)

The EU Commission invites interested third parties to comment the commitments proposed in the ongoing pay-TV investigation (Paramount Pictures)
DG COMP (Brussels)
Antitrust: Commission seeks feedback on commitments offered by Paramount Pictures in pay-TV investigation* The European Commission is inviting comments from interested parties on commitments offered by Paramount Pictures to address competition concerns relating to contractual clauses (...)

The Hellenic Competition Authority accepts remedies proposed by steel producers regarding exchange of information in the context of their trade association (Sidenor)
Hellenic Competition Authority (Athens)
The HCC accepts commitments by steel producers regarding the exchange of information in the context of their trade association, while further rejecting complaints about other alleged infringements in the markets for the production, distribution and accreditation of steel products* The HCC (...)

The Danish Competition Authority accepts commitments proposed by independent building surveyors putting end to competition concerns (Botjek)
Danish Competition and Consumer Authority (Copenhagen)
The Danish Competition Council has made Botjek A / S’ commitments binding* Botjek A/S has proposed commitments in order to ensure that the members of the Botjek chain are free to compete with each other to perform building condition reports, reports on the conditions of electrical installations (...)

The German Competition Authority welcomes the fact that car retailers can cooperate with intermediaries for new cars (Ford)
German Competition Authority (Bonn)
Car retailers can cooperate with intermediaries for new cars. Restrictions imposed by manufacturers lifted following Bundeskartellamt proceedings.* In the spring of this year the Bundeskartellamt initiated proceedings against the automobile manufacturers Ford, Opel and PSA Peugeot Citroën for (...)

The Hellenic Competition Authority accepts the commitments proposed by manufacturers on the market for the sale of tobacco products (Philip Morris)
Hellenic Competition Authority (Athens)
HCC accepted commitments proposed by tobacco manufacturers to meet competition concerns in the market for the sale of tobacco products in Greece* The Hellenic Competition Commission (HCC), by a unanimous decision, accepted commitments proposed by the leading producers of tobacco products in (...)

The French Competition Authority obtains commitments from several mainland alcohol manufacturers aiming to stop the exclusive distribution of their products in the French overseas territories (Pernod-Ricard)
French Competition Authority (Paris)
Distribution of consumer goods in the French overseas territories* The Autorité de la concurrence has obtained from several mainland manufacturers their commitment to put an end to the exclusive distribution of their products in the French overseas territories and to implement a competitive (...)

The German Competition Authority condemns a manufacturer of running shoes for restricting the online sales activities of small and medium-sized authorised dealers (Asics)
German Competition Authority (Bonn)
Unlawful restriction of online sales of ASICS running shoes* The Bundeskartellamt has concluded its proceeding on anti-competitive clauses in the distribution system of ASICS Deutschland. The authority accuses ASICS of having restricted the online sales activities of small and medium-sized (...)

The Croatian Competition Authority accepts the commitments proposed by an undertaking in the market of the resale of pyrotechnic products (Orion)
Croatian Competition Agency (Zagreb)
CCA accepts committments made by Orion* The Croatian Competition Agency (CCA) accepted the committments made by the undertaking Orion that will redress competition concerns and restore the normal competitive conditions in the resale of pyrotechnic products. Orion made the commitments on its (...)

The Hellenic Competition Authority accepts commitments proposed by nine fuel trading companies to address competition concerns in the retail fuel market (EKO)
Hellenic Competition Authority (Athens)
HCC has accepted commitments proposed by 9 fuel trading companies to address competition concerns in the retail fuel market* By a unanimous decision, the Hellenic Competition Commission (HCC) accepted commitments proposed by 9 wholesale fuel companies, namely “HELLENIC FUELS S.A” (former BP (...)

The Swaziland Competition Authority imposes administrative fines without any specific provisions providing for it (Eagles Nest)
Ashurst (Paris)
The Swaziland Competition Commission power to impose administrative fines under spotlight* On Tuesday 14 July 2015, the Swaziland Competition Commission (the “SCC”) Board heard the substantive issues related to the anticompetitive behavior of Eagles Nest and Usuthu Poultry Farm (the “Parties”). (...)

The UK Competition and Markets Authority publishes a report setting out its provisional findings in a market investigation of the energy sector
Jones Day (London)
The UK Competition and Markets Authority ("CMA") published a report on 7 July 2015 setting out its provisional findings in a market investigation of the energy sector, in particular for gas and electricity at both wholesale and retail levels in the UK. Market investigations involve in-depth (...)

The Polish Competition Authority accepts commitments concerning online sales of prams and strollers (Emmaljunga)
Hansberry Tomkiel (Warsaw)
In its decision no RGD 2/2015 of 30th June 2015 (the “Decision”), the Polish Office for Competition and Consumer Protection (“Competition Authority”) accepted commitments proposed by the Poland-based company “Investment Trading Consulting” (“Company”), Polish exclusive distributor of prams and (...)

The French Competition Authority extends the commitments made in the case of inter-bank fees associated with card payments (Groupement des Cartes Bancaires)
French Competition Authority (Paris)
Extension of the commitments made by the Groupement des Cartes Bancaires (CB Bank Cards Group) to the Autorité de la concurrence regarding the level of inter-bank payment fees until the European regulation comes into force.* In 2011, within the context of the examination by the Autorité de la (...)

The Hungarian Competition Authority accepts the commitments offered by two companies operating in the market of card payment services and closes the cartel proceeding (MasterCard / OTP)
Hungarian Competition Authority (Budapest)
The case of MasterCard and OTP is closed by the acceptance of commitments* The Hungarian Competition Authority (Gazdasági Versenyhivatal – GVH) accepted the commitments offered by MasterCard Europe Sprl (MasterCard) and OTP Bank Nyrt. (OTP), through the implementation of which the undertakings (...)

The Italian Competition Authority accepts commitments to amend a co-marketing agreement and closes the antitrust investigation (Novartis / Italfarmaco)
Bonelli Erede (Rome)
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Bonelli Erede (Rome)
With Decision No. 25508 of 4 June 2015, the Italian Competition Authority (the “ICA”), accepted the commitments proposed by Novartis Farma S.p.A. (“Novartis”) and Italfarmaco S.p.A. (“Italfarmaco”, together the “Parties”) and closed the investigation opened following a complaint lodged by the (...)

The EU Commission approves commitments made by several airlines regarding the creation of a profit-loss sharing joint venture (Air France / Alitalia / KLM / Delta)
Covington & Burling (Brussels)
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Liège University - IEJE
I. The Parties The four involved parties are four of the main actors on the global airline market: (i) Société Air France (hereafter “Air France”); (ii) Alitalia Società Aerea Italia SpA (hereafter “Alitalia); (iii) Koninklijke Luchtvaart Maatschappij (hereafter “KLM”) and; (iv) Delta Air Lines (...)

The Italian Competition Authority issues a commitment decision and closes an investigation regarding contracts concluded between online booking websites and their partner hotels (Online Hotel Reservation)
Desogus Law Office (Cagliari)
By a commitment decision made on 21 April 2015 in the Mercato dei Servizi Turistici-Prenotazione Alberghiere Online case (thereinfter Online Hotel Reservation) the Italian Competition Authority (ICA) has closed an Article 101 TFEU investigation against Booking. The ICA has launched the (...)

The Italian Competition Authority fines several firms for breaching a previous commitment decision and cartelizing the maritime links across the Gulfs of Naples and Salerno (Organizzazione Servizi Marittimi nel Golfo di Napoli)
Desogus Law Office (Cagliari)
By a decision made on 28 January 2015 in the case Organizzazione Servizi Marittimi nel Golfo di Napoli (Gulf of Naples) the Italian Competition Authority (ICA) has imposed fines in excess of € 14 million on seven ferry operators (Alilauro, Alilauro Gruson, SLMGL, NLG, SNAV and Medmar Navi), two (...)

The Romanian Competition Council imposes fines, for the first time, on several undertakings for failure to comply with their antitrust remedies in the mobile phone market (Avenir Telecom, Euronet Services companies and the Professional Football League)
Romanian Competition Council (Bucharest)
For the first time: The Competition Council applies sanctions for failure to comply with the commitments* The Competition Council has sanctioned Avenir Telecom and Euronet Services companies and the Professional Football League (LPF) with fines totalling 705,079 lei (approx. 156,340 euros) for (...)

The Competition Commission of India fines a trade association for price fixing and collective boycott (Film Distributors Association of Kerala)
Amit Sibal (New Delhi)
Film Distributor Trade Association fined for price fixing and collective boycott* In its last reported decisions of 2014, the Competition Commission of India (CCI), in two separate cases, fined the Film Distributors Association of Kerala (a state in India) 5% of its turnover (in each case) for (...)

The Italian Competition Authority decides that the commitments submitted in order to alleviate concerns in terms of an alleged infringement of Art. 101 TFEU should have been published (Arca / Novartis-Italfarmaco)
DG COMP (Brussels)
The Italian Competition Authority (AGCM) decided that, according to Art. 14-ter of Italian Law 287/1990, the commitments that Novartis and Italfarmaco had submitted in order to alleviate concerns in terms of an alleged infringement of Art. 101 TFEU, should have been published, both in its (...)

The French, Swedish, and Italian competition authorities investigate "parity clauses" in online hotel booking market (Booking.com)
European Commission
Launch of Simultaneous Market Tests in Investigations in Online Hotel Booking Sector* On 15 December 2014, the French, Swedish and Italian competition authorities launched market tests of commitments proposed by Booking.com in antitrust investigations in the online hotel booking sector. (...)

The Hungarian Competition Authority accepts the commitments of two water companies regarding the data used for the calculation of a contribution on water utility and closes the antitrust proceeding against them (Fővárosi Vízművek and Fővárosi Csatornázási Művek)
Hungarian Competition Authority (Budapest)
The proceedings against Fővárosi Vízművek Zrt. and Fővárosi Csatornázási Művek Zrt. have ended with the acceptance of commitments* The Hungarian Competition Authority (Gazdasági Versenyhivatal – GVH) accepted the commitments of Fővárosi Vízművek Zrt. (FVM) and Fővárosi Csatornázási Művek Zrt. (FCSM), (...)

The French Competition Authority imposes fines on three removal companies for having presented cover quotes in order to distort competition in the military personnel relocation removals market (AGS Martinique, Martinique Déménagements and SMDTE)
French Competition Authority (Paris)
The Autorité de la concurrence fines three removal companies for having colluded in presenting cover quotes* The Autorité de la concurrence has issued a decision in which it fines three removal companies for having presented cover quotes in order to distort competition in the military personnel (...)

The Polish Competition Authority monitors implementation of commitments by an oil and gas exploration and production company to modify contractual relations with customers (PGNiG)
European Commission
UOKiK Monitors Implementation of Commitments by PGNiG to Modify Contractual Relations with Customers* On 17 October 2014, the Office of Competition and Consumer Protection (UOKiK) initiated proceedings to determine whether Polskie Górnictwo Naftowe i Gazownictwo (PGNiG), Poland’s largest oil and (...)

The Lithuanian Competition Council imposes fines on one bank for having implemented an anticompetitive agreement on the markets of cash handling and cash-in-transit services (G4S)
Lithuanian Competition Authority (Vilnius)
UAB G4S LIETUVA restricted competition within the markets of cash handling and cash-in-transit services* The Competition Council (KT) found that the actions of UAB G4S Lietuva (G4S) breached Article 5 of the Law on Competition and Article 101 of the Treaty on the Functioning of the European (...)

The Italian Competition Authority closes with commitments the investigation into a collective buying group and five large retail chains ordering the winding-up of the buying group (Centrale Italiana)
Bonelli Erede (Rome)
With its decisions of 17 September 2014 the Italian Competition Authority (“ICA” or the “Authority”) closed with a commitment decision an investigation into the collective buying group Centrale Italiana S.c.a.r.l. (“Centrale Italiana”) and five competing large retail chains which are members of it (...)

The Chinese NDRC fines cement companies for price fixing and announces that more penalties are to come (Jilin Yatai / Northern Cement / Jidong Cement)
University of Melbourne
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China Competition Bulletin (Beijing)
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Hogan Lovells (Beijing)
Three Cement Companies in Jilin Province Fined RMB 114 million for Price Fixing* On 9 September 2014, the NDRC announced that its local price bureau in Jilin Province, the Jilin Price Bureau, had fined 3 cement companies (Jilin Yatai, Northern Cement, and Jidong Cement) a total of RMB 114.39 (...)

A US District Court holds that NCAA restrictions on college players exploiting and receiving licensing revenue from the use of their names, images and likenesses violates antitrust law (O’Bannon / NCAA)
Constantine Cannon (New York)
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Constantine Cannon (New York)
NCAA’s Loss In O’Bannon Trial May Be Only A Partial Victory For Competition* Although competition scored a win on Friday in the student athletes’ antitrust suit led by former UCLA basketball player Ed O’Bannon against the NCAA, it wasn’t a complete blowout. Judge Claudia Wilken of the U.S. (...)

The Italian Competition Authority closes a case of alleged resale price maintenance with a commitment decision (Enervit - Distribution contracts)
Bonelli Erede (Rome)
With its decision of 20 November 2013, the Italian Competition Authority (“ICA” or “Authority”) initiated an investigation against Enervit S.p.A., a company active in the production and distribution of sport and diet food products (“Enervit” or the “Company”) , to verify if, in the vertical relations (...)

The German Competition Authority closes proceedings after the company amended its conditions for online sales of sport shoes in such a way that they comply with competition law (Adidas)
German Competition Authority (Bonn)
Adidas abandons ban on sales via online market places* The Bundeskartellamt has closed its proceedings against adidas AG (adidas) after the company amended its conditions for online sales in such a way that they comply with competition law. adidas operates a selective distribution system (...)

The Danish Competition Council orders the franchisees and the franchisor to stop the passive sales, price fixing and market sharing infringements on the market for robotic milking systems and the adjacent markets (Lely Scandinavia / Danish Lely Centres)
Danish Competition and Consumer Authority (Copenhagen)
Franchise chain has fixed selling prices and shared markets of supply with respect to milking robots* On 25 June 2014, the Danish Competition Council (DCC) ruled in a case concerning anticompetitive behavior regarding the market for milking systems, the market for repair and maintenance of (...)

A US Court deals with a complaint based on an allegation of anti-competitive restrictions preventing payments to players for use of their name, image, and likeness (O’Bannon / NCAA)
Womble Carlyle Sandridge & Rice (Charlotte)
Three Questions for the Third Week of the O’Bannon v. NCAA Trial* As the O’Bannon v. NCAA trial enters its third week, commentators are already predicting the fall of the “college sports cartel.” In the case, a group of about 20 current and former college men’s basketball and football players, led (...)

The Competition Commission of Mauritius recommends the imposition of financial penalties and additional remedies against a market sharing agreement on the domestic market for beer supply (Phoenix / Stag)
Primerio (Washington)
Beer cartels: first fine sought in mauritius leniency matter* Precedential leniency case yields initial fine The Competition Commission of Mauritius (“the Commission”) has recommended fines of approximately €487,000 and €158,000 be imposed on Phoenix Beverages Ltd (PLB) and Stag Beverages, (...)

The Irish High Court Competition files a settlement accepted by a medical association not to engage in boycotts or collective withdrawal of services (IMO)
Irish Competition Authority (Dublin)
Competition Authority secures High Court undertakings from the Irish Medical Organisation* The Irish Medical Organisation (IMO) has today provided undertakings to the High Court (i) not to organise or recommend the collective withdrawal of services or boycotts by its members and (ii) to advise (...)

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

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

The Swedish Competition Authority welcomes undertaking by a sportive association not to suspend or fine members who participate in competing events (Bodybuilding Association)
Swedish Competition Authority (Stockholm)
Swedish Bodybuilding Association changes its application of loyalty clause* The Swedish Competition Authority welcomes the Swedish Bodybuilding Association’s (SKKF) confirmation that it will not suspend or fine members who participate in competing events. The Swedish Competition Authority has (...)

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

The Luxembourg Competition Council renders binding commitments offered by chamber of experts abandoning use of hourly fees (Chamber of experts)
European Commission
Luxembourg: The Competition Council renders binding Commitments offered by Chamber of Experts abandoning Use of hourly Fees* By decision of 26 May 2014, the Competition Council accepted the commitments offered by the Chamber of Experts of the Grand Duchy of Luxembourg (CEL) and closed the (...)

The Italian Competition Authority closes its investigation against eight of the biggest Italian insurance companies with a commitment decision (Mono-mandatory Agents)
Bonelli Erede (Rome)
On 20 May 2014, the Italian Competition Authority (“ICA” or “Authority”) closed the investigation it had begun in June 2013 into eight of the biggest Italian insurance companies by issuing a commitment decision . The Authority had opened the investigation to assess whether the vertical agreements (...)

The Italian Competition Authority closes the antitrust probe into agency agreement in the insurance sector by a commitments decision (Agenti monomandatari)
Studio Legale Scoccini E Associati (Rome)
In its decision of 20 May 2014 the Italian Competition Authority (ICA) has accepted the commitments offered by seven major insurance companies to end an antitrust investigation into vertical agreements with their agents. The investigated insurance companies were UnipolSai Assicurazioni, (...)

The French Court of Appeal upholds an appeal against a fine imposed by the French competition authority for price fixing in the endive market (CERAFEL)
University of New South Wales (Sydney)
This article was originally published on In Competition by King & Wood Mallesons (click here). Lettuce leaf them alone Last month, the French Court of Appeal upheld an appeal against a fine imposed by the French competition authority for price fixing in the endive market. The endive (...)

The Canadian Competition Tribunal suspends a settlement entered into by the Competition Bureau with ebook publishers related to a price MFN clause (Kobo)
Cassels Brock (Toronto)
The Ebooks Saga: Kobo’s challenge explained* Ebook retailer Kobo is challenging a settlement entered into by the Competition Bureau with ebook publishers. The settlement has been stayed pending this challenge. Kobo’s challenge may have major implications for competition law enforcement in (...)

The Australian Competition Authority receives a court enforceable undertaking concerning discontinuation of resale price maintenance and compliance program (KitchenAid)
Australian Competition and Consumer Commission (Canberra)
KitchenAid distributor undertakes not to induce retailers on minimum prices* Peter McInnes Pty Ltd (Peter McInnes), an importer and wholesaler of kitchenware products including KitchenAid stand mixers, has acknowledged concerns from the Australian Competition and Consumer Commission that it (...)

The Lithuanian Supreme Administrative Court annuls the fines imposed on the banks by the Competition Council, though confirms the restrictive character of the cash handling agreements (G4S)
Lithuanian Competition Authority (Vilnius)
G4S agreements with banks restricted competition* The Supreme Administrative Court of Lithuania (the Court) confirmed that the agreements concluded between UAB G4S Lietuva (G4S) and the banks, namely, AB SEB bank (SEB), Swedbank, AB (Swedbank) and AB DNB bank (DNB), restricted competition (...)

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

The New Zealand Commerce Commission confirms its investigation into possible manipulation of currency rates and possible influencing of benchmarks in foreign exchange markets (FOREX)
New Zealand Commerce Commission (Wellington)
Press releases published on New Zealand Commerce Commission Commerce Commission confirms forex investigation* The Commerce Commission has confirmed that it has an investigation into possible manipulation of currency rates and possible influencing of benchmarks in foreign exchange (forex) (...)

The US FTC orders two professional associations to amend the codes of ethics in order to eliminate the anticompetitive restrictions imposed by each of them on its members (CALSPro / MTNA)
Steve Szentesi Law Corporation (Vancouver)
U.S. FTC Finalizes Settlements in Association Code of Ethics Cases* As an update to two association cases that I blogged about last December (see: here), this past Friday the U.S. Federal Trade Commission (FTC) announced that it had approved settlements with two professional associations for (...)

The Australian Federal Court imposes fines for repeatedly attempting to enter into anti-competitive arrangements with three international airlines (Flight Centre)
Australian Competition and Consumer Commission (Canberra)
$11 million penalties imposed on Flight Centre* The Federal Court has today made declarations and ordered that Flight Centre pay penalties totalling $11 million for repeatedly attempting to enter into anti-competitive arrangements with three international airlines to eliminate differences in (...)

The Italian Competition Authority subjects to a market test commitments regarding a resale price maintenance agreement in the photovoltaic sector (Photovoltaic Inverter case)
Desogus Law Office (Cagliari)
In the Photovoltaic Inverter case the Italian Competition Authority (ICA) has opened an Article 101 TFEU investigation into an alleged resale price maintenance agreement (RPM) in the photovoltaic market . Recently, the ICA decided to publish and subject to a market test the set of behavioural (...)

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

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

The Danish Competition Council accepts new commitments in relation to a joint sales agreement between football clubs in the best Danish league (The Association of Danish League Clubs)
Danish Competition and Consumer Authority (Copenhagen)
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TDC Kabel TV (YouSee)
On 26 February 2014 the Danish Competition Council (“DCC”) accepted revised commitments offered by the Association of Danish League Clubs (“ADLC”) regarding the joint sale of media rights to the premier Danish football leagues. The new commitments allow for a longer rights period (6 years), but (...)

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

The Australian Competition and Consumer Commission launches its twice-yearly report providing a summary of activities in the small business and franchising sectors and updates on industry codes
Australian Competition and Consumer Commission (Canberra)
Big spike in small business contacts to competition regulator* The Australian Competition and Consumer Commission has launched the latest Small Business in Focus Report which outlines its work in the sector. ACCC Deputy Chair Dr Michael Schaper said that the report highlights the ongoing (...)

The UK OFT accepts commitments from online travel agents enabling them and the hotels to offer discounts on rates for hotel rooms (Booking.com)
Ashurst (Milan)
UK Office of Fair Trading closes investigation into hotel online booking practices On 31 January 2014, the UK Office of Fair Trading (“OFT”) accepted the commitments from online travel agents, Booking.com B.V. (“Booking.com”, and its ultimate parent company priceline.com Incorporated) and Expedia (...)

The Swedish City Court fines tire service chain for illegal joint tendering in two public procurements (Däckia and Euromaster)
Swedish Competition Authority (Stockholm)
Tire service chains ordered to pay fines for illegal joint tendering* The Stockholm City Court has ordered the tire service chains Däckia AB (Däckia) and Euromaster AB (Euromaster) to pay administrative fines amounting to SEK 2.5 million for illegal joint tendering in two public procurements. (...)

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

The New Zealand Commerce Commission commences proceedings in relation to Auckland timber cartel (Carter Holt Harvey / Fletcher)
New Zealand Commerce Commission (Wellington)
Press releases published on New Zealand Commerce Commission Commission commences proceedings in relation to Auckland timber cartel* The Commerce Commission has today filed proceedings in the High Court against Carter Holt Harvey Limited for price fixing in the Auckland timber market. Carter (...)

The UK OFT opens consultation on the revised commitments proposed by online travel agencies (Booking.com / Expedia)
Ashurst (Milan)
UK OFT weighs revised commitments in the online hotel accommodation bookings* On 20 December 2013, the United Kingdom’s Office of Fair Trading (“OFT”) opened a consultation on the revised commitments proposed by Booking.com B.V. (“Booking.com”), Expedia Inc (“Expedia”) and InterContinental Hotels (...)

The Danish Competition Council accepts commitments concerning exchange of information that might facilitate anticompetitive practices in the constructions sector
Danish Competition and Consumer Authority (Copenhagen)
Competition Council accepts commitments from The Danish Construction Association regarding exchange of information agreement* On 18 December 2013 the Danish Competition Council (DCC) accepted commitments from the Danish Construction Association regarding concerns that an exchange of (...)

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

The Australian Competition and Consumer Commission takes action against alleged cartel conduct relating to the supply of ball and roller bearings for use in motor vehicles and industrial applications (NSK)
Australian Competition and Consumer Commission (Canberra)
ACCC takes action against NSK for alleged cartel conduct* The Australian Competition and Consumer Commission has instituted proceedings in the Federal Court, Sydney, against NSK Australia Pty Ltd (NSK) for alleged cartel conduct relating to the supply of ball and roller bearings for use in (...)

The Competition Commission of India organises two-day conference on issues and challenges in setting up an effective agency, enforcement related to state owned enterprises, public procurement and creation of competition culture (BRICS International Competition Conference)
Nortons (Sandton)
Quo vadis? Political interventionism in South African competition law* There has been a somewhat startling demonstration of diverging views regarding interventionism in competition matters between emerging and established jurisdictions. During the recent BRICS international competition (...)

The US Senate’s Subcommittee on Antitrust, Competition Policy and Consumer Rights holds cartel related hearings
Steve Szentesi Law Corporation (Vancouver)
New Publications: DoJ & FTC Testimony Posted from Antitrust Subcommittee Hearings* The Americans are not ones to pussy foot around when it comes to economic crime. Yesterday, the U.S. Senate’s Subcommittee on Antitrust, Competition Policy and Consumer Rights held cartel related hearings (...)

The UK CAT rules that antitrust findings as regards the copper plumbing tubes cartel did not support the intent to injure required for a conspiracy claim brought under section 47A of the Competition Act (W.H. Newson / IMI)
London School of Economics and Political Science
Conspiracy, the CAT, and the Court of Appeal: “Here is a case unprecedented” (The Gondoliers, Act 2)* In W.H. Newson Holding Limited & ors v IMI plc & ors [2013] EWCA Civ 1377, the Court of Appeal has made some important new law regarding the scope of section 47A of the Competition Act (...)

A US District Court certifies a class seeking injunctive relief, though declines to certify a damages class arising from the allegedly preclusive effect of the rules that would impede group licensing arrangements with videogame developers and broadcasters (NCAA Student Athletes)
Orrick, Herrington & Sutcliffe (San Francisco)
Injunctive Relief, but not Damages Class, Certified in NCAA Student-Athlete Litigation* In In re NCAA Student-Athlete Name & Likeness Licensing Litigation, 2013 U.S. Dist. LEXIS 160739 (N.D. Cal. Nov. 8, 2013) (Wilken, J.)., the Court certified a class of current and former (...)

The Australian Competition and Consumer Commission publishes its September 2013 quarterly report including inter alia information on cartel proceedings as regards the supply of ball and roller bearings for aftermarket applications
Australian Competition and Consumer Commission (Canberra)
ACCC quarterly report puts spotlight on statutory information gathering powers* The Australian Competition and Consumer Commission has published its September 2013 quarterly report, ACCCount. In the last quarter, the ACCC was involved in 10 proceedings relating to competition enforcement (...)

The Canadian Supreme Court clears the way for indirect purchaser competition class action related to compensation for harm caused by inflating the price of microchips (Infineon Technologies, Pro-Sys, Sun-Rype)
Steve Szentesi Law Corporation (Vancouver)
Canadian Supreme Court Clears the Way for Indirect Purchaser Competition Class Actions: Reason and Clarity Prevail in Previously Muddled Area* Earlier today the Supreme Court of Canada (“SCC”) released three long-awaited companion judgments that finally create clarity and certainty in the area (...)

The Canadian Supreme Court allows indirect purchasers claims for a cartel infringement on the market for processor compatible software (Infineon, Pro-Sys, Sun-Rype)
Davies Ward Phillips & Vineberg (Toronto)
Supreme Court of Canada Allows Indirect Purchaser Claims* Note: On October 31, 2013, Canada’s Supreme Court issued important decisions regarding the scope of private claims for civil damages under the Competition Act. Below is a note prepared by Davies Ward Phillips & Vineberg on these (...)

The Australian Competition and Consumer Commission reauthorises doctors associations to continue to collectively negotiate with state and territory health departments (RDAA)
Australian Competition and Consumer Commission (Canberra)
ACCC reauthorises Rural Doctors to collectively negotiate* The Australian Competition and Consumer Commission has allowed the Rural Doctors Association of Australia (RDAA) and its state associations to continue to collectively negotiate with state and territory health departments, on behalf of (...)

The Botswana Competition Tribunal rejects a complaint against the dual role played by the CA as administrative and adjudicating body in relation with a case of collusive agreement to set prices for repairing vehicles (Panel Beating Cartel)
Norton Rose Fulbright (Johannesburg)
Due process arguments come to the fore as the Botswana Competition Authority gears itself for enforcement* In September and October, the Botswana Competition Commission (Commission) took its first two rulings on cartel enforcement. Both rulings have a keen (if not almost exhaustive) focus on (...)

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

The German Federal Cartel Office is satisfied with the modified agreements which now allow authorized dealers to sell online (Sennheiser)
Ashurst (Milan)
German Federal Cartel Office spares Sennheiser’s online policy from scrutiny* On 24 October 2013 the German Federal Cartel Office (“FCO”) stated (available only in German) that it will not open formal proceedings against Sennheiser, a manufacturer of consumer electronic products, following recent (...)

The Australian Federal Court imposes fines of $2 million for bearings cartel (Koyo)
Australian Competition and Consumer Commission (Canberra)
$2 million penalty for bearings cartel* The Federal Court has made orders by consent against Koyo Australia Pty Ltd ordering it to pay penalties of $2 million following action by the Australian Competition and Consumer Commission. The Court found that in 2008 and 2009, Koyo Australia made and (...)

The German Competition Authority concludes cartel proceedings against manufacturers of household porcelain (Porzellanfabrik Christian Seltmann, KAHLA/Thüringen Porzellan)
German Competition Authority (Bonn)
Bundeskartellamt concludes cartel proceedings against manufacturers of household porcelain* Bonn, 17 October 2013: The Bundeskartellamt has today imposed fines totaling just under 900,000 euros on the companies Porzellanfabrik Christian Seltmann GmbH and KAHLA/Thüringen Porzellan GmbH, the (...)

The Mozambican Parliament’s recently adopted competition act is not yet implemented despite the expiry of the prescribed time limit
University of Tilburg - Law School
Almost nine months later… and still no signs of the Mozambique Competition Authority* On April 11, 2013, the Mozambique Competition Act was passed. We wrote a piece on the potential advent of competition law in Mozambique here, brusquely entitled: Antitrust in Mozambique? …could have stayed in (...)

The Turkish Competition Authority finds that optimum price system of the multinational producer of hygiene, health and home care products does not amount to resale price maintenance, but its non-competition clauses do not benefit from block exemption (Reckitt Benckiser)
University of Sussex
This study analyses the decision of the Turkish Competition Authority (TCA) in which it has decided that optimum price system of the multinational producer of hygiene, health and home care products, Reckitt Benckiser, did not amount to resale price maintenance, but its non-competition clauses (...)

The DG Competition states that restrictions of competition by object constitute serious, but not always manifest violations of law
Liege Competition and Innovation Institute
The Unintended Consequences of the Case Law on Restrictions by Object* On second thoughts, the recent bad case law on the notion of “restriction by object” may incidentally, and unexpectedly, fetter the margins of the Commission, and in particular its ability to handle all cases under the obese (...)

The US DoJ and FTC heads discuss antitrust enforcement priorities
Wolters Kluwer (Riverwoods)
U.S. Agency Heads Discuss Antitrust Enforcement Priorities* Two of the most significant conferences on the antitrust calendar were held last week. Georgetown Law Center featured its Seventh Annual Global Antitrust Enforcement Symposium on September 25, and Fordham Law School’s 40th annual (...)

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

The French Competition Authority obtains significant reduction of main multilateral interchange fees on domestic card transactions (MasterCard and Visa)
European Commission
France: The Autorité de la concurrence obtains significant Reduction of main Multilateral Interchange Fees charged by MasterCard and Visa on Domestic Card Transactions* On 20 September 2013, the Autorité de la concurrence (the Autorité) accepted Visa and MasterCard’s binding commitments to reduce (...)

The US District Court for the Southern District of New York establishes collusion to eliminate retail price competition for e-books and imposes restrictions on deals with publishers for the next five years (Apple)
DLA Piper Weiss-Tessbach (Vienna)
U.S. District Court rules Apple colluded on E-Book Prices* On 10 July 2013 the District Court in Manhattan ruled in United States v. Apple Inc., et al that Apple conspired with five major publishers to raise prices on e-books. The publishers settled and denied any wrongdoing. However, the case (...)

A New Zealand High Court fines a manufacturer of setup paperboard boxes and its former senior executive for being involved in price fixing (Visy)
New Zealand Commerce Commission (Wellington)
Press releases published on New Zealand Commerce Commission Court endorses penalty in trans-Tasman cartel case* Visy Board Pty Ltd (Visy) has been ordered to pay a penalty of $3.6 million in the High Court in Auckland today, and its former senior executive John Carroll $25,000, for breaching (...)

The UK OFT issues draft commitments in an investigation into the sector for hotel online booking (IHG / Expedia / Booking.com)
Accenture (Dublin)
Hotel Online Booking: The OFT announces its intention to accept binding commitments* On 9 August 2013, the OFT issued draft commitments in the Hotel Online Booking investigation. The OFT has investigated the relevant markets for over 2 years and has provisionally found that certain hotels (...)

The Chinese NDRC announces penalties of CNY 668 million imposed for an agreement on resale price maintenance on the market for baby milk formula
AnJie Law (Beijing)
Chinese Antitrust Agency Imposed Record Fines on Baby Formula Brands An Analysis on the Application of the Leniency Program under the PRC Anti-Monopoly Law* Background of Record-Breaking Fine Late June of this year, it was reported that the National Development and Reform Commission (“NDRC”) (...)

The Chinese Shanghai People’s High Court awards damages to be paid by a major US-headquartered healthcare supplier for vertical restrictive practices (Rainbow / Johnson & Johnson)
AnJie Law (Beijing)
Chinese Court’s Roadmap on Vertical Monopoly Analysis: Some Comments on the Final Judgment on Rainbow vs. Johnson & Johnson Case* On August 1 2013, Shanghai People’s High Court (the Court) handed down judgment on the first private antitrust action involving vertical agreements under the (...)

The German Competition Authority imposes fines on account of vertical price fixing practices on the market for distribution of natural cosmetics (Dr. Hauschka)
German Competition Authority (Bonn)
Fine imposed on WALA Heilmittel GmbH for vertical price fixing practices involving Dr Hauschka cosmetics products* Bonn, 31 July 2013: Today the Bundeskartellamt has imposed fines amounting to a total of approx. € 6.5 million on WALA Heilmittel GmbH, Bad Boll, and representatives of the (...)

The Australian Competition and Consumer Commission takes action against a supplier of ball and roller bearings for alleged cartel conduct (Koyo)
Australian Competition and Consumer Commission (Canberra)
ACCC takes action against Koyo for alleged cartel conduct* The Australian Competition and Consumer Commission has instituted civil proceedings in the Federal Court against Koyo Australia Pty Ltd (Koyo) for alleged cartel conduct relating to the supply of ball and roller bearings for use in (...)

The EU General Court dismisses the parallel actions brought by two diamonds dealers against the Commission’s decisions not to open an antitrust investigation into certain distribution agreements established by world’s largest producer of rough diamonds (BVGD, Spira, De Beers)
Mircea & Partners (Bucharest)
I. Introduction Any natural or legal person who can show a legitimate interest may lodge a complaint concerning an antitrust infringement as stipulated by article 7 of the Regulation No 1/2003. The Commission is not required to investigate each of the complaints lodged with it, but only to (...)

The US Court of Southern District of New York clarifies what determines liability of the vertical participant B in an A-B-C information exchange (Apple)
University of Cambridge
e-books: Vertical participation in hub and spoke agreements* The 10 July judgment in the American e-books case (US v Apple) addresses an important question not yet examined under European competition law: what determines the liability of the vertical participant (“B”) in an A-B-C information (...)

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

The EU Court of Justice rules on the interpretation of Article 101 TFEU and establishes that undertakings cannot escape fine liability on account of qualified legal advice (Schenker)
ClientEarth (Bruxelles)
The principle of fault in EU competition law: C-681/11 Schenker & Co and others* In C-681/11 Schenker & Co and others this was more or less the defence a couple of Austrian transport companies came up with after being fined for infringing competition rules. Those companies had received (...)

The Canadian Court of Appeal dismisses the action for damages in a conspiracy claim against joint purchasers in the oil industry (Alberta/Husky Oil Operations)
Cassels Brock (Toronto)
No pot of gold at the end of the Rainbow* A decision by joint operators of an oil field to use a single fluid hauler was not an unlawful conspiracy, the Alberta Court of Appeal held recently, overturning a 2011 decision that awarded about $8 million to the loser of a competitive bidding (...)

The UK Royal Assent is given to the Enterprise and Regulatory Reform Bill that reverses the dishonesty requirement and excludes openly made cartels
University of East Anglia - CCP (Norwich)
Article published on Centre for Competition Policy Blog. The UK’s New Cartel Offence: It Could Be Alright on the Day* The Enterprise and Regulatory Reform Act 2013 drops the requirement of dishonesty and excludes cartel agreements made openly. At a late stage three additional defences were (...)

The EU Commission launches market test of the commitments offered by e-book publisher to reach a settlement in the EU investigation into e-book pricing (Penguin)
Van Bael & Bellis (Brussels)
On 19 April 2013, the European Commission launched a market test of the commitments offered by Penguin, aimed at reaching a settlement in the EU investigation into e-book pricing. In order to alleviate the Commission’s fears for collusion and higher prices in the e-book publishing sector, (...)

The Serbian Competition Authority proposes substantive amendments to the competition law
Kinstellar (Belgrade)
,
Kinstellar
Various experts in the field of competition legislation recently came together to comment on a draft proposal (“Draft Proposal”) for the first ever amendments to the 2009 Law on Protection of Competition (the “Competition Law”) Although there is general agreement that the Competition Law contained (...)

The Mozambican Parliament adopts a new competition act to be implemented gradually before 8 October 2013
Primerio (Washington)
Antitrust in Mozambique? …could have stayed in COMESA* We know it’s a somewhat brusque title for a “new competition regime” post. But we must ask ourselves: Why is the República de Moçambique now joining the growing cadre of countries with a competition-law regime — almost exactly half a year after (...)

The German Competition Authority takes a critical view of the online platform project Germany’s Gold (Germany’s Gold)
German Competition Authority (Bonn)
ARD/ZDF Online Platform "Germany’s Gold" raises competition concerns* The Bundeskartellamt takes a critical view of the ARD/ZDF online platform project "Germany’s Gold". In April 2012 several companies of the ARD and ZDF broadcasting groups, together with eleven other production and licensing (...)

The Turkish Competition Authority announces its long-awaited decision regarding imposition of fines on major banks for concerted practices in relation to credit card fees and interest rates for deposits (Akbank and Others)
Turkish Competition Authority (Ankara)
TCA Hits Banks With Record Fines* In Friday evening (8 March 2013), after the closing of stock exchange, the TCA has announced its long-awaited decision regarding major banks of Turkey. The TCA hits 12 major banks with record fines totalling 1,11 billion Turkish liras (around 480 million (...)

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

The Irish Competition Authority secures binding commitments in case of resale price maintenance in footwear products (FitFlop footwear distributor, Double Bay Enterprises)
European Commission
Ireland: Commitments in Case of Resale Price Maintenance in Footwear Products* In February 2013, the Competition Authority (the Authority) secured binding commitments from FitFlop footwear distributor, Double Bay Enterprises Limited, in relation to its policy of resale price maintenance (...)

The Chinese NDRC announces penalties of CNY 353 million (€ 43 million) to be imposed on six liquid crystal display makers from Korea and Taiwan (Samsung / LG / AU Optronics / Chunghwa / Chimei InnoLux / HannStar)
University of East Anglia - CCP (Norwich)
Article published on Centre for Competition Policy blog. The Significance of China’s First Fine on an International Cartel* On 4 January 2013, China’s National Development and Reform Commission (NDRC) announced that CNY 353 million (around £35m) would be paid by six South Korean and Taiwanese (...)

The U.S. FTC applies questionable principles to the enforcement of fair reasonable and non discriminatory - obligated SEPs through injunction in its settlement with leading web search engine (Google)
International Center for Law & Economics (Portland)
,
International Center for Law & Economics (Portland)
Introduction In January of 2013, the Federal Trade Commission and Google (acting through its subsidiary, Motorola Mobility) signed a Consent Order ending the agency’s investigation into a number of practices. Much of the Order is aimed at imposing antitrust-based limits on the allowable process (...)

The German Federal Cartel Office imposes fines against two private TV-broadcasting groups (Pro7Sat1 and RTL)
King’s College (London)
On 28 December 2012, the German Federal Cartel Office (FCO) has imposed a total fine of 55 million Euros against the two private TV-broadcasting groups Pro7Sat1 and RTL, as well as two individuals. The two undertakings allegedly entered into an anti-competitive agreement. The FCO found that in (...)

The EU Commission renders legally binding commitments regarding competition concerns on markets for aluminium smelting equipment (Rio Tinto Alcan)
Ashurst (Milan)
European Commission renders legally binding commitments on Rio Tinto Alcan* On 20 December 2012, the Commission issued a press release stating that it has made legally binding the commitments offered by Rio Tinto Alcan (“Alcan”) to address the Commission’s concerns that Alcan might have infringed (...)

The German Competition Authority declares legally binding commitments offered by airline company regarding specific issues with its data tracking methods (Lufthansa)
European Commission
Germany: Lufthansa changes anticompetitive Clauses in Corporate Client Programme* On 20 December 2012 the Bundeskartellamt (BKartA) declared commitments of Lufthansa binding regarding specific issues with Lufthansa’s data tracking methods. The proceedings against Lufthansa were triggered by (...)

The UK Competition Appeal Tribunal establishes the limited probative value of early resolution agreements in the context of the present appeal concerning the participation of a retailer in unlawful practices as regards cheese pricing (Tesco / OFT)
Blackstone Chambers (London)
Tesco scores partial victory in cheese cartel* In a judgment handed down this afternoon, the Competition Appeal Tribunal largely upheld Tesco’s appeal against the OFT’s decision that it had participated in unlawful agreements relating to the price of cheese: see Tesco Stores Ltd v Office of Fair (...)

The French Competition Authority fines several companies solding show tickets for entering into anticompetitive agreements (Fnac, France Billet & Ticketnet)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence fines the companies Fnac, France Billet and Ticketnet for entering into anticompetitive agreements* Following a referral from the French Minister for Economy, the Autorité de la (...)

The Irish Competition Authority obtains legally binding commitments against a distributor to cease resale price maintenance (BBS)
Queen’s University Belfast
1. Legal Background Among the augmentations of Ireland’s competition regime made by recent amendments to the Competition Act 2002 is section 14B. This new section of the Competition Act provides that the Competition Authority, after an investigation of anticompetitive practices by an (...)

The German Federal Cartel Office accepts commitments offered by German airline concerning its contracts with business clients and the collection of sensitive client information which might be anti-competitive (Lufthansa)
King’s College (London)
The commitments decision concerns the Federal Cartel Office’s (FCO) proceedings against Lufthansa‘s contracts with business clients and the collection of sensitive client information which might be anti-competitive. Background The FCO commenced proceedings against Lufthansa in September 2009, (...)

The EU Commission finds that given the nature of the relevant product, concerted practices covering a substantial part of the EEA may affect the interstate trade (e-books)
Liege Competition and Innovation Institute
Sad but true* I love commitments decisions because they are a quick read. But I also hate dislike them because they leave the reader angry hungry for more. Some evidence: in the E-Books case, the effect on trade condition was deemed fulfilled under the simplest possible sort of analysis: (...)

The European Commission accepts commitments in e-books case (Simon & Schuster / Harper Collins / Hachette / Holtzbrinck / Apple)
European Commission
European Commission accepts Commitments in E-Books Case* On 12 December 2012, the European Commission (Commission) accepted formally binding commitments from four international publishers (Simon & Schusters (CBS Corp., USA), HarperCollins (News Corp., USA), Hachette Livre (Lagardère (...)

The US Supreme Court reviews Eleventh Circuit’s decision regarding reverse payment patent settlements (AndroGel)
Gibson Dunn (New York)
Important U.S. Developments Relating to “Reverse Payment” Patent Settlements* There have been two key recent developments in the U.S. relating to the legal dispute over patent settlements including so-called “reverse payments.” First, the U.S. Supreme Court has agreed to review an Eleventh Circuit (...)

A US District Court holds that “No-AG” agreements are not “Reverse Payments” (Lamictal litigation)
Gibson Dunn (New York)
Important U.S. Developments Relating to “Reverse Payment” Patent Settlements* There have been two key recent developments in the U.S. relating to the legal dispute over patent settlements including so-called “reverse payments.” First, the U.S. Supreme Court has agreed to review an Eleventh Circuit (...)

The Slovak Anti-Monopoly Office proposes the introduction of a new section into the Act on Protection of Economic Competition law giving natural persons a financial incentive for whistleblowing
Braun Partners (Prague)
Slovakia: Cash Incentives to Whistleblowers?* At the end of 2012 the Slovak Antimonopoly Office presented its future plans for public discussion. Various aspects such as the announced prioritisation of antitrust enforcement, the incentives for settlement of antitrust cases, the establishment (...)

The Croatian Competition Authority accepts the commitments of the Croatian autoclub concerning emergency towing services (Hrvatski Autoklub)
Faculty of Law - University of Macau
On 4 October 2012 the Croatian Competition Authority (AZTN) accepted the committments of the Croatian Autoclub (HAK) in relation to the non-competition clauses in the agreements for emergency technical assistance services and closed its investigation into the alleged anti-competitive practices (...)

The US Court of Appeals for the Second Circuit upholds the District Court judgment and holds for the first time that the filed rate doctrine can bar private claims related to market-based rates that arise from regulated auctions (Simon / KeySpan)
Skadden, Arps, Slate, Meagher & Flom (Washington DC)
,
Skadden, Arps, Slate, Meagher & Flom (Washington DC)
,
Driven (Washington DC)
On September 20, 2012, the United States Court of Appeals for the Second Circuit affirmed KeySpan’s victory in Simon v. KeySpan, holding for the first time that the filed rate doctrine can bar private claims related to market-based rates that arise from regulated auctions. While the Court (...)

The French Competition Authority confirms that data network operators who conclude an agreement to organize peering can charge fees for the opening of additional data transit technical capability (France Télécom)
University of Berkeley
When Internet Traffic and Peering Agreement meet French Competition Law* On September 20, 2012, the French Competition Authority (Autorité de la concurrence) released an interesting decision that is believed to be the first on this topic by a competition authority. It confirms that data network (...)

The England and Wales Court of Appeal dismisses an appeal against an action for damages arising from the violation of provisions in Article 101 TFEU on the market for supply of industrial copper tubes (KME Yorkshire / Toshiba Carrier)
Blackstone Chambers (London)
Special pleading? Toshiba Carrier and the industrial tubes cartel* The Court of Appeal’s judgment last Friday in KME Yorkshire Ltd & ors v Toshiba Carrier UK Ltd & ors [2012] EWCA Civ 1990 will gladden the hearts of Article 101 damages claimants. It confirms that the Court will be (...)

The Australian Competition and Consumer Commission institutes proceedings in Federal Court in Sydney against forklift gas supply cartel (Renegade Gas)
Australian Competition and Consumer Commission (Canberra)
ACCC court action alleges Sydney forklift gas supply cartel* The Australian Competition and Consumer Commission has instituted proceedings in the Federal Court in Sydney against Renegade Gas Pty Ltd (trading as Supagas NSW, a privately owned company) and Speed-E-Gas (NSW) Pty Ltd (a wholly (...)

The Romanian Competition Council addresses new developments on the joint selling of commercial rights for football broadcasting (Romanian Football Federation)
Kinstellar (Bucarest)
,
OMV Petrom (Bucharest)
Original case In 2011, an investigation launched on the national market of media rights over football competitions brought the first case in which the investigated parties proposed commitments based on the new guidelines on commitments adopted by the Romanian Competition Council (“RCC”) in the (...)

The Bulgarian Commission on Protection of Competition adopts commitment decision concerning wholesale fuel market (Lukoil, Nafteks Petrol, Rompetrol and OMV)
European Commission
Bulgaria: The Commission on Protection of Competition adopts Commitment Decision concerning Wholesale Fuel Market * On 26 July 2012, the Commission on Protection of Competition (CPC) adopted a commitment decision in the case of Lukoil Bulgaria, Nafteks Petrol and Rompetrol Bulgaria and OMV (...)

The Bulgarian Competition Authority settles an alleged cartel case between large retail chains (Metro / Billa / Kaufland / Picadilly / Maxima / HIT)
Djingov, Gouginski, Kyutchukov & Velichkov (Sofia)
On 19 July 2012 the Bulgarian Commission on Protection of Competition (“CPC”) handed down a commitments decision (the “Commitments Decision”) and closed an investigation for alleged horizontal coordination of pricing and marketing policy by six retailers – “Metro Cash & Carry Bulgaria” EOOD (...)

The French Competition Authority accepts commitments from 11 banks to abolish interbank fees applied to direct debits, interbank orders and other non-cash payments (BNP Paribas, Crédit Agricole, LCL)
European Commission
France: French Banks’ Commitments to suppress inter-bank Fees applied to direct Debits, interbank Orders and other non-cash Payments made binding by the Autorité* On 5 July 2012, the Autorité de la concurrence (the Autorité) accepted commitments from 11 banks, including the national central bank (...)

The French NCA issues a decision making compulsory the commitments of several French banks in order to abolish progressively the main interbank fees on direct debits, interbank payment orders and other non-cash means of payment (BNP Paribas, Banque de France, CIC, Société Générale)
White & Case (Paris)
,
Freshfields Bruckhaus Deringer (Paris)
Following a commitment procedure, the French NCA issued a decision on 5 July 2012 making compulsory the commitments submitted by several French banks (Banque de France, BNP Paribas, Société Générale, Crédit du Nord, LCL, BPCE, HSBC, Banque Postale, Crédit Mutuel, CIC) and their representative (...)

The Danish Competition Council finds that TV-channels distributor violated a decision subject to conditions imposed against anti-competitive business terms (Viasat)
Danish Competition and Consumer Authority (Copenhagen)
Viasat violates a decision subject to conditions imposed by the Danish Competition Council in the case of Viasat’s business terms* On 27 June 2012, the Danish Competition Council decided that Viasat has violated a decision subject to conditions imposed by the Council in the case of Viasat’s (...)

The Danish Competition Council finds that satellite communication company had infringed conditions imposed by the Council concerning the distribution of its TV channels (Viasat)
European Commission
Denmark: Viasat infringes Conditions imposed by Competition Council’s Decision in Distribution of TV Channels Case* On 27 June 2012, the Danish Competition Council (the Council) found that Viasat had infringed the conditions imposed by the Council’s decision of 30 September 2009 on Viasat‘s (...)

The Hong Kong Legislative Council finally passes a comprehensive competition law
Jones Day (Sydney)
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Jones Day (Beijing)
,
Gibson Dunn (Hong Kong)
After years of discussions, the Hong Kong Legislative Council finally passed a comprehensive competition law (the "HK Competition Law"). The HK Competition Law includes the classic prohibitions of anticompetitive agreements and abuses of market power, as well as a merger control regime (with (...)

The Swedish Competition Authority ends investigation of an office supply chain after commitments (RKV)
Van Bael & Bellis (Brussels)
On 18 June 2012, the Swedish Competition Authority (“SCA”) adopted a decision accepting voluntary commitments offered by the Swedish office supply chain Rationella Kontors Varuinköp (“RKV”) no longer to provide any price information in future product- and calendar catalogues in which member (...)

The EU Commission makes legally binding commitments offered by companies active in nuclear markets on post-JV non-compete and confidentiality obligations (Siemens / Areva)
Van Bael & Bellis (Brussels)
The European Commission announced, on 18 June 2012, that it had adopted a decision to make legally binding commitments offered by Siemens AG (“Siemens”) and Areva SA (“Areva”) to reduce the scope and duration of certain non-compete and confidentiality obligations imposed on Siemens further to (...)

The UK OFT consults on the introduction of a new structure concerning the investigation decisions under the Competition Act 1998
University of East Anglia - CCP (Norwich)
Article published on Centre for Competition Policy blog. OFT’s Proposed Reforms Fall Short of Ensuring Independence in Antitrust Decision Making* The OFT is currently consulting on its proposed new investigation procedures in competition cases. Much of what is proposed is very good – but the (...)

The French Competition Authority fines three leading companies in dog and cat food sector (Nestlé, Mars, Colgate-Palmolive)
European Commission
France: The Autorité de la concurrence fines three leading Companies in Dog and Cat Food Sector * On 20 March 2012, the Autorité de la concurrence (the Autorité) fined the Nestlé, Mars Incorporated, Colgate-Palmolive Groups and their respective specialist subsidiaries Nestlé Purina Petcare France, (...)

The EU General Court partly annuls EU Commission decision on restructuring aid granted to a bank on account of the financial crisis (ING)
Van Bael & Bellis (Brussels)
On 2 March 2012, the General Court (“GC”) has partly upheld ING’s appeal against a Commission decision of 2009 regarding various forms of aid granted by the Dutch State to the banking group ING in the context of the latter’s restructuring plan during the financial crisis. The ING group had (...)

The Danish Competition Council decides that it has no grounds for action concerning a horizontal production agreement between mobile operators (Telia Denmark, Telenor)
European Commission
Denmark: Network Sharing Agreement in Danish Mobile Telecommunications Sector* On 29 February 2012, the Danish Competition Council (DCC) decided that it had no grounds for action in a case concerning a horizontal production agreement between the mobile operators Telia Denmark and Telenor A/S. (...)

The Danish Competition Council accepts commitments in relation to a Radio Access Network sharing agreement between two telecom operators (Telia/Telenor)
Danish Competition and Consumer Authority (Copenhagen)
On 29 February 2012, the Danish Competition Council accepted commitments offered by two Nordic telecom operators in connection with a notification of an agreement by which the two telecom operators combined their respective Radio Access Network in a joint venture. Background Telia Sonera AB (...)

The French Competition Authority publishes framework document on competition compliance programmes and notice regarding its antitrust settlement procedure
European Commission
France: The Autorité de la concurrence publishes Framework Document on Competition Compliance Programmes and Notice regarding its Antitrust Settlement Procedure* Following a two-month public consultation, the Autorité de la concurrence (the Autorité) published on 10 February 2012 a framework (...)

The German Competition Authority accepts commitments offered by two sports leagues concerning the joint award of media rights (League Association, German Football League)
European Commission
Germany: Green Light for current Marketing Model of Football League Media Rights * On 17 April 2012, the award procedure for the media rights of the 1st and 2nd German football leagues has been concluded. On 12 January 2012, the Bundeskartellamt (BKartA) accepted the commitments offered by (...)

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

The French Competition Authority makes binding commitments proposed by leading retailer concerning its franchise agreement (Carrefour / Carrefour market)
Van Bael & Bellis (Brussels)
On 16 December 2011, the French Competition Authority made binding the commitments proposed by Carrefour concerning its Carrefour Market franchise agreement. In August 2010, Marcadet (a Carrefour franchisee) complained to the French Competition Authority concerning certain commercial (...)

The Romanian Competition Council submits for public consultation the commitments proposals drafted by three telecom distributors (Payzone, PayPoint Sercices and PayUp)
European Commission
Romania: Public Consultation on Commitments submitted by Orange Romania and its Distributors* On 2 November 2011, the public consultation launched by the Competition Council (RCC) on the commitments submitted by Orange Romania was closed. The commitments were offered in a case regarding an (...)

The Danish Competition Council adopts commitment decision in order to prevent competition restrictions in the market for the installation of automatic sprinkler systems (Industry guideline on automatic sprinkler systems)
European Commission
Denmark: Commitments to modify Industry Guideline on automatic Sprinkler Systems* On 26 October 2011, the Danish Competition Council (DCC) adopted a commitment decision pursuant to Section 16a of the Danish Competition Act, in order to prevent competition restrictions in the Danish market for (...)

An Italian Administrative Court sets aside the Italian Competition Authority’s decision to fine a payment card network company, 8 Italian banks and financial institutions for infringing art. 101 TFEU (MasterCard – I720 Carte di credito)
LUISS Guido Carli University (Rome)
,
LUISS Guido Carli University (Rome)
,
OECD - Competition Division (Paris)
Introduction On the 11th of July 2011 the Italian Regional Administrative Court of Latium (Tribunale Amministrativo Regionale per il Lazio – hereafter “IRAC”) upheld the appeal of Monte dei Paschi di Siena S.p.A. (hereafter MPS”) against the decision no. 21768 of the Italian Competition Authority (...)

The Italian administrative court of first instance annuls the decision of the Antitrust Authority which fined Mastercard and eight Italian licensee banks for an alleged violation of Art. 101 TFEU in the definition and application of domestic interchange fees (Mastercard)
Ashurst (Brussels)
,
Legance - Studio Legale Associato (Rome)
,
Pirelli
Background The judgement in comment (Judgement of TAR of Lazio n. 6171 of 11 July 2011) has annulled the final decision of the Italian Antitrust Authority ("IAA") of 3 November 2010 ("IAA Decision") which closed the proceeding against Mastercard and eight Italian banks ( the "Parties") and (...)

The French Competition Authority makes commitments reducing the two main fees associated with payments and withdrawals binding (CB Bank Cards Group)
European Commission
France: The Autorité de la concurrence makes Commitments cutting MIFs on Payment Cards by 20% to 50% binding* On 7 July 2011, the Autorité de la concurrence (the Autorité) made commitments from the Groupement des Cartes Bancaires (the Groupement), which includes over 130 banks, binding whereby (...)

The French Competition Authority makes mandatory commitments proposed by an economic interest group to reduce the inter-bank fees applicable to transactions by payment cards (Groupement des Cartes Bancaires)
White & Case (Paris)
On July 7, 2011, the French Competition Authority (hereinafter the “Authority”) issued a decision whereby it accepts settlement of an investigation and makes mandatory the commitments proposed by “Groupement des Cartes Bancaires”,an Economic Interest Group which brings together more than 130 banks (...)

The Spanish Competition Commission agrees to the conventional termination, subject to commitments, of the sanctioning proceedings against several companies for joint commercialisation of television advertising slots (Antena 3 Televisión, Veo Televisión and The Walt Disney Company Iberia)
Mediaset
,
Cuatrecasas, Goncalves Pereira (Brussels)
,
Allen & Overy (Madrid)
On June 30, 2011, the Spanish Competition Commission (Comisión Nacional de la Competencia or “CNC”) agreed to the termination, subject to commitments, of the sanctioning proceedings initiated against several broadcast television companies for adopting horizontal agreements relating to sales and (...)

The Spanish Competition Commission closes with commitments a proceeding initiated against two companies for alleged restrictive practices in the printed advertising sector (Vocento, Godό)
Callol, Coca & Asociados (Madrid)
On 30 June 2011 the NCC has decided to close a formal proceeding opened ex officio against Corporación Vocento S.A.U. and Vocento, S.A. (VOCENTO) and Publipress Media, S.L.U. and Grupo Godó de Comunicaciones S.A. (GODÓ) for possible restrictive practices under Article 1 SCA. The practices (...)

The Danish Competition Council finds that a municipality had granted unlawful aid to a national football club but it could not order its repayment because the aid was granted before the relevant State aid provisions in the Danish Competition Act came into force (The Farum Park Case)
Lexxion Publisher
On 22 June 2011 the Danish Competition Council issued a decision dealing with the question whether a Danish municipality (municipality of Furesø) had rented a Center for Sport and Culture to a local football club (FC Nordsjaelland) to a price below market price, leading to a grant of unlawful (...)

The Danish Competition Council orders full recovery of unlawful aid according to section 11a in the Competition Act after the case was referred for reconsideration by the Competition Appeals Tribunal (The Kastrup Marina Case)
Lexxion Publisher
By its second decision of 22 June 2011 in the Kastrup Marina Case the Danish Competition Council has for the first time ever ordered full recovery of unlawful and incompatible aid under Section 11a in the Danish Competition Act (corresponding to Article 107 of the EUF Treaty). The first (...)

The French Competition Authority accepts commitments in relation to exclusivity agreements in the multi-brand gift cards sector (Accentiv’Kadéos)
Hewlett Packard (Boulogne-Billancourt)
,
Affinion International (London)
In its decision N°11-D-08 dated 27 April 2011, the French Competition Authority (the «Competition Authority«) accepted the commitments offered by Accentiv’Kadéos in relation to exclusivity agreements between it and its partner brands in the multi-brand gift cards sector. Background On August 2009, (...)

The Polish President of the Office of Competition and Consumer Protection imposes commitments to remedy RPM in a vertical hard core restrictions case concerning gardening products distribution (Scotts and its distributors)
Greenberg Traurig Grzesiak (Warsaw)
,
Hogan Lovells (Warsaw)
On 26 April 2011, the President of the Office for Competition and Consumers Protection (the «OCCP» or the «Office») issued a decision in which it found that Scotts Poland sp. z o.o. (the «Scotts» or the «Company»), a subsidiary of Scotts Miracle-Gro Company, applied a resale price maintenance clause in (...)

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

The Latvian Competition Council fines for prohibited clauses in contracts between tenant and owner of shopping malls (RIMI & Marno J.)
Konkurences padome (Riga)
The CC Fines for Prohibited Agreement in Contracts between Anchor Tenant and Owner of Shopping Malls* On 8 April 2011 the Competition Council (CC) adopted a decision establishing the existence of a prohibited agreement between retail chain (Rimi group) and lessor of selling space in shopping (...)

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

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

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

The Latvian Competition Council decides that the participation of commercial banks in the MIF for cash withdrawals and card payments was illegal under Article 11 Part 1.1 of the Competition Act (Aizkraukles banka and Others)
Konkurences padome (Riga)
Prohibited Agreement in Banking Sector* On 3 March 2011 the Competition Council (CC) decided that 22 Latvian commercial banks have infringed Article 11 Part 1.1 of the Competition Law by participating in the Multilateral agreement on the interchange fee for cash withdrawals at ATM, cash (...)

The French Competition Authority fines four companies that rigged bids for procurement contracts in the sector of painting services for naval equipments and engineering structures (Grivetto, Philippe Lassarat, Prezioso-Technilor & Sorespi Bretagne)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence fines four companies that rigged bids for procurement contracts in the sector of painting services for naval equipments and engineering structures*. After the French Minister of (...)

A US Federal District court rules that the US DoJ was entitled to seek disgorgement as a remedy for an alleged Sherman Act violation (KeySpan)
Wolters Kluwer (Riverwoods)
Can the Justice Department Seek Disgorgement for a Sherman Act Violation?* The federal district court in New York City ruled last week that the Department of Justice was entitled to seek disgorgement as a remedy for an alleged Sherman Act violation. The court approved a consent decree, which (...)

The US DoJ and FCC conditionally approve a joint venture in the telecommunications sector resolving antitrust concerns (Comcast / NBC Universal)
Wolters Kluwer (Riverwoods)
Comcast/NBC Universal Joint Venture Receives Regulatory Approval* The Department of Justice Antitrust Division and the Federal Communications Commission today conditionally approved a joint venture between Comcast Corp. and General Electric Co.’s subsidiary NBC Universal Inc. The joint (...)

The UK OFT launches a consultation on its intention to accept binding commitments to modify a data exchange tool used by motor insurers
Vinge (Stockholm)
The European Commission’s revised Guidelines on Horizontal Cooperation have met with mixed reactions from practitioners and businesses, especially insofar as information exchange is concerned. However, a decision of the UK Office of Fair Trading (“OFT”) applying the new Guidelines gives a (...)

The UK OFT negotiates an agreement limiting the exchange of pricing data among car insurers (Insurers Ageas Insurance, Aviva, AXA Insurance UK, Liverpool Victoria Friendly Society, RBS Insurance Group Limited, Royal Sun Alliance and Zurich Insurance)
Akin Gump Strauss Hauer & Feld (Washington)
,
Bona Law (New York)
This article is the winner for business category, general antitrust section of the 2012 Antitrust Writing Awards. Click here to read more about the Antitrust Writing Awards. Summary Britain’s Office of Fair Trading (the UK consumer and competition authority) has negotiated an agreement that (...)

The Spanish Competition Commission closes monitoring of termination by commitments agreement in interchange fees for transactions by debit and credit cards case (SERVIRED, SISTEMA 4B and EURO 6000)
European Commission
* Article published in ECN Brief 01/2011. The original title of this article appears below the e-Competitions title. Please note that the ECN is not the actual "author" of this case summary, but the mere source. As mentioned by the ECN : "The information provided by the ECN Brief is for (...)

The Swedish Competition Authority accepts a commitment subject to a fine of SEK 750 000 from a franchiser to cease fixing price and to allow the franchisees to carry out sales without the intervention of the franchiser (Make up Store)
Vinge (Stockholm)
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Cosmetics Europe (Brussels)
Introduction The Swedish Competition Authority (“SCA”) accepted a commitment subject to a fine of SEK 750 000 from a franchiser to, firstly, cease fixing prices centrally via its online system for cash registers and secondly, to make clear that the prices set by the franchiser were recommended (...)

The European Commission makes legally binding commitments offered by global payments technology company to cut interbank fees for debit cards (Visa Europe)
DG COMP (Brussels)
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DG COMP (Brussels)
Payment cards: Visa debit card fees go down* 1. Background Card payments represent about 35 % of all non cash payments in the EU 27. It is estimated that businesses pay tens of billions of euros (25 billion in 2005) in fees per year to accept cards. The Commission has a long history of (...)

An Italian Administrative Court annuls the Competition Authority’s decision to reject commitments offered by an undertaking in order to address competition concerns relating to the interchange fees (Master Card)
European Court of Justice (Luxembourg)
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NCTM - Studio Legale Associato (Milan)
I. Introduction On 16 November 2010, the Regional Administrative Tribunal of Latium (the “TAR Latium”) annulled a decision by which the Italian Competition Authority (the “ICA”), rejected the commitments proposed by MasterCard in a proceeding pursuant to Article 101 TFEU (the “Commitments”). (...)

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 Swiss Competition Commission fines firms dealing with window and window doors a total of 7.6 million CHF for fixing the date and level of price increases (Window mounting cartel)
Agon Partners (Zurich)
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Swatch (Basel)
I. Summary The Swiss Competition Commission fines firms dealing with window and window doors a total of 7.6 million CHF for fixing the date and level of price increases. II. Case A. Parties/market structure Leading procuders of mountings for windows and window doors Roto Frank AG, Germany (...)

The Italian Competition Authority closes two parallel investigations into joint fixing banking commissions for payment services by accepting commitments (Accordi Interbancari Riba-Rid-Bancomat)
Desogus Law Office (Cagliari)
Introduction By a commitments decision taken on 30 September 2010 the Italian Competition Authority (ICA) closed two parallel investigations against the Italian Banking Association (ABI) and Consorzio Bancomat, respectively. The ICA found the set of commitments offered by the parties to be (...)

The Slovenian Competition Authority accepts Samsung Austria’s commitments concerning warranty claims (Samsung Austria)
Criterion Economics (Washington)
In August 2010, the Slovenian Competition Authority (hereinafter: Competition authority) accepted the commitments offered by Samsung Electronics Austria GmbH (hereinafter: Samsung Austria) concerning the exercise of right arising from warranty claims. The Competition authority found that (...)

The UK Competition Commission adopts provisional decision on retail payment protection insurance remedies (PPI market investigation)
EFTA Surveillance Authority (Brussels)
Background On 29 July 2010, the Competition Commission published its provisional decision regarding its investigation into the payment protection insurance (“PPI”) market and invited comments to be submitted before 3 September 2010. The provisional decision was the latest step in a process (...)

The Italian Antitrust Authority accepts commitments submitted by the leading auction company following an investigation for unfair practice (Sotheby’s)
Codacons (Rome)
The Italian branch of Sotheby’s, Sotheby’s S.r.l. (hereninafter SHT), sells and buys antiques, arts and collection items during public auctions. The Italian Antitrust Authority (hereinafter ICA), started investigation in March 2010, because was reported that SHT provided incomplete and deceiving (...)

The U.S. DOJ obtains disgorgement remedy in civil antitrust settlement with a power electricity undertaking in a market manipulation case (KeySpan)
Jones Day (Houston)
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Jones Day (Washington DC)
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Alston & Bird (Washington DC)
Reaching the end of a three-year investigation, today the Department of Justice Antitrust Division asked a New York federal court to approve the DOJ’s settlement of claims that KeySpan violated the antitrust laws by manipulating the NYC wholesale electricity market. The DOJ claimed KeySpan (...)

The German Cartel Office accepts commitments from energy suppliers to renounce resale clauses prohibitions (RWE, EWE, RheinEnergie, Wingas, N-Ergie, Stadtwerke Hannover, Erdgas Muenster, Stadtwerke Leipzig, SWM, Entega, Stadtwerke Kiel, Koethen Energie)
European Commission
Germany: Energy Suppliers agree to abandon Resale Prohibitions The Bundeskartellamt has concluded on 7 July 2010 most of its proceedings against gas and electricity suppliers on account of their imposing inadmissible resale bans. Twelve of the major energy suppliers in Germany (RWE, EWE, (...)

The UK Office of Tair Trading implements revised approach for company director disqualification orders (OFT guidance document on director disqualification orders in competition cases)
Talwar, Thakore & Associates (New Delhi)
On 29th June 2010, the UK Office of Fair Trading (OFT) published revised guidance on the issue of Director Disqualification Order (DDO) in competition cases. The legal provisions relating to DDO are contained in the Company Directors Disqualification Act, 1986 as amended by the Enterprise Act, (...)

The French Competition Authority accepts commitments in order to address competition concerns in the discount coupons sector (HighCo / Sogec / Perifem)
French Competition Authority (Paris)
The Autorité de la concurrence accepts commitments enabling all market operators to use Webcoupon or to develop equivalent solutions.* After a referreal by the Institut de liaisons et d’études des industries de consommation (ILEC), and the company Ma Liste de Courses (MLDC), which complained of (...)

The European Commission consults on commitments in the financial sector (Visa MIF)
Van Bael & Bellis (Brussels)
The European Commission has recently consulted on commitments offered by Visa Europe in the context of the Commission’s ongoing investigation into multilateral interchange fees (“MIF”). MIFs are charged by a cardholder’s bank (the “issuing bank”) to a merchant’s bank (the “acquiring bank”) for each (...)

The European Commission approves a € 1.5 billion recapitalization provided by Belgium in the context of the restructuring of a Belgian insurer (Ethias)
DG COMP (Brussels)
"State aid: main developments between 1 May and 31 August 2010"* The Commission approved on 20 May 2010 a €1.5 billion recapitalisation provided by Belgium in the context of the restructuring of Ethias, a Belgian insurer that ran into severe difficulties in 2008. Ethias historically operated (...)

The Danish Competition Council adopts commitment decision lifting ban on reporting of sales price and contribution margins (Bestseller)
Danish Competition and Consumer Authority (Copenhagen)
On 24 March 2010, the Danish Competition Council adopted a commitment decision, cf. section 16 a of the Danish Competition Act, allowing Bestseller A/S to regain access to price information from its franchise partners - irrespective of a previous injunction issued by the Competition Council in (...)

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 U.S. DOJ seeks new disgorgement remedy in civil antitrust case (KeySpan)
Jones Day (Houston)
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Jones Day (Washington DC)
,
Alston & Bird (Washington DC)
Until last week, the U.S. Department of Justice had not sought to obtain disgorgement as a remedy in a civil Sherman Act case. In the antitrust lawsuit and settlement filed on February 22 in U.S. v. KeySpan, the Antitrust Division asks that the court approve a settlement requiring the defendant (...)

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

The 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 Spanish Competition Authority closes an agreement case in the sector of TV following commitments (Telefónica Cable, Sogecable)
European Commission
Spain: The Comisión Nacional de la Competencia (CNC) closes Satellite Pay TV Case following Commitments On 28 January 2010, the CNC Council resolved by means of a commitments decision the formal proceedings in case TRIO PLUS, opened against Telefónica Cable, S.A.U. and Sogecable, S.A. for having (...)

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

The French Competition Authority accepts the commitments to waive distribution exclusivity on mobile telephones (iPhone Apple - Orange)
Norton Rose Fulbright (Paris)
On 11 January 2010, the French Competition Authority handed down its first decision of 2010, accepting the commitments undertaken by Apple and Orange to waive any distribution exclusivity on current and future iPhones models. Such Commitment Decision, taken pursuant to Article L. 464-2 I of (...)

The Lithuanian Competition Authority closes investigation in retail trade of automobiles and technical maintenance sector following commitments (Honda Motor Europe)
European Commission
Lithuania: The Competition Council (CC) closes Investigation in Retail Trade of Automobiles and Technical Maintenance Sector following Commitments On 24 December 2009, the Lithuanian Competition Council terminated its investigation concerning the compliance of the practices of vehicle traders (...)

The Latvian Competition Council fines two kiosk chains for prohibited agreement on the market for prepaid cards (Plus Punkts, Narvesen Baltija)
Konkurences padome (Riga)
The Competition Council Fines Two Kiosk Chains for Prohibited Agreement* On 16 December 2009 the Competition Council of Latvia adopted a decision establishing a prohibited agreement between two kiosk chains – Plus Punkts Ltd. and Narvesen Baltija Ltd./Preses apvienība Ltd. – and imposed fines in (...)

The European Commission endorses commitments made by the Dutch authorities to bring the social housing system into line with EU state aid rules
DG COMP (Brussels)
"State aid: main developments between 1 September and 31 December 2009"* On 15 December 2009, the European Commission endorsed commitments made by the Dutch authorities to bring the social housing system into line with EU state aid rules. In particular, the Dutch authorities will ensure that (...)

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

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

The Paris Court of Appeal makes a reference for a preliminary ruling to the ECJ on whether a general and absolute ban on Internet sales by approved distributors does constitute a “hardcore restriction” on competition by object within the meaning of Art. 81.1 EC (Pierre Fabre Dermo-Cosmétique)
Norton Rose Fulbright (Paris)
In a judgment dated 29 October 2009, the French Court of Appeal made a reference for a preliminary ruling under article 234 of the Treaty establishing the European Community (the “EC Treaty”), whereby the ECJ was asked to answer “the question whether a general and absolute ban on Internet sales to (...)

The French Competition Authority accepts to close the proceedings conditional to the cease of long-term exclusive agreements (Cybervitrine / Photomaton)
Norton Rose Fulbright (Paris)
In a decision dated 26 October 2009, the French Competition Authority decided, pursuant to Article L. 464-2 I of the French commercial code, to close the proceedings opened against the Photomaton Company, in exchange of certain commitments regarding the long-term exclusive agreements it had (...)

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

The European Commission accepts commitments proposed by UK Association in the ship classification market (International Association of Classification Societies)
DG COMP (Brussels)
,
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 French Competition Authority fines € 6.9 M a football association and a rights for sports management agency for anticompetitive agreements on the market for audiovisual rights (FFF-Sportfive)
Credit Agricole
Following its 2001 and 2004 decisions to investigate competition in the field of management of professional football rights, the Autorité de la concurrence imposed a fine of 6.9 million € on the Fédération Française du football (FFF), the French football association, and Sportfive for their (...)

The Moldovan Competition Authority issues a conditional exemption of cooperation agreement between two leading sugar producers (Südzucker Moldova / Gold Crown)
Faculty of Law - University of Macau
On 10 September 2009 Moldovan Competition Authority (ANPC) approved a cooperation agreement concluded between two leading sugar producers, Südzucker Moldova S.A. (Südzucker) and Gold Crown S.R.L. (Gold Crown), subject to conditions. Within the agriculture-oriented national economy of Moldova (...)

The Spanish Competition Authority fines major fuel suppliers for resale price maintenance and accepts commitments relating to long-term contracts and non-compete clauses (Repsol / CEPSA / BP)
Van Bael & Bellis (Brussels)
According to a press release of 30 July 2009, the Spanish Competition Authority imposed fines totalling € 7.9 million on REPSOL, CEPSA and BP (the three main suppliers of fuel in Spain) for violating the competition rules by engaging in resale price maintenance in their relations with (...)

The High Court of Ireland holds trade association in contempt of court for price fixing (Competition Authority/Licensed Vintners Association & Ors)
The HR Suite
Introduction In a decision of the 24th July 2009, Mr. Justice McKechnie found the Vintners’ Federation of Ireland (VFI) and the Licensed Vintners Association (LVA) had breached the terms of settlement agreed with the Competition Authority. The case arose out of complaint from the Competition (...)

The European Commission authorises State aid granted by Poland for restructuring shipyard (Gdansk Shipyard)
DG COMP (Brussels)
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DG COMP (Brussels)
"Restructuring of Gdansk Shipyard — outlook good for return to viability after four-year investigation"* On 22 July 2009, the Commission authorised State aid granted or planned by Poland for restructuring Gdansk Shipyard. The Commission found that both the € 94 million of aid already received by (...)

The Finnish Competition Authority imposes commitments on the pricing of ATM withdrawals by three banks which own the dominant ATM operator (Norde Bank / OP Bank / Sampo Bank)
Roschier (Helsinki)
The Finnish Competition Authority (“FCA”) has on 18 June 2009 imposed binding commitments on Nordea Bank Finland Plc (“Nordea”), OP-Pohjola Group (“OP”) and Sampo Bank Plc (“Sampo”) (jointly “Banks”) concerning their pricing of ATM withdrawals. The Banks own Automatia Pankkiautomaatit Oy (“Automatia”), (...)

The Italian Competition Authority closes investigation on common interbank charges and MAV payment services by accepting commitments (Associazione Bancaria Italiana)
Desogus Law Office (Cagliari)
By a recent decision, the Italian Competition Authority (ICA) has closed an investigation into two anticompetitive agreements affecting the banking market for payment services by accepting and making binding a set of commitments presented by the parties upon the basis of Art. 14-ter of the Act (...)

The Turkish Competition Authority introduces a new fining regime in order to enhance the effectiveness of competition law enforcement
Turkish Competition Authority (Ankara)
Stories on the Fining Regulation (2): A New Hope?* In the episode IV of the epic movie Star Wars, Luke Skywalker shows up to restore justice in the galaxy before all hopes are wiped out by the tyrannical Darth Vader, formerly known as Anakin Skywalker who is the father of Luke. At this point, (...)

The Turkish Competition Authority’s member of the board expresses dissenting opinion in relation to the legality of the fines imposed according to the newly adopted fining regulations
Turkish Competition Authority (Ankara)
Stories on the Fining Regulation (1): Can Anyone Spot The Difference?* The story begins in January 2008 by the amendments made to the Competition Act. These amendments mainly contain the inclusion of the leniency and the possibility of imposition of fines on individuals. Apart from that, the (...)

The French NCA fines several temping agencies nearly € 100 M, but grants significant reductions for certain parties who enter into innovative commitments (Adecco, Manpower, VediorBis)
Hewlett Packard (Boulogne-Billancourt)
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Ginestié Magellan Paley-Vincent (Paris)
On 2 February 2009, the French Competition Council ("the Council") fined several agencies active in the temporary employment sector in France (Adecco, Adia, Manpower and VediorBis - "the Companies") for concerted practices. Context Temping enables businesses desiring more flexibility to use (...)

The Polish Competition Authority condemns a resale price maintenance agreement and rejects a demand for a commitment decision (Koral and Zabka Polska)
French National Research Agency - ANR (Paris)
The present decision n° RKT-107/2008 of 31 December 2008 relates to some provisions of the cooperation agreement signed by one of the biggest ice-cream manufacturers in Poland, i.e., Przedsiêbiorstwo Produkcji Lodów “KORAL” - Józef Koral spólka jawna (hereafter: KORAL) and a chain of convenience (...)

The UK Competition Commission publishes for consultation its proposed remedies to improve competition in payment protection insurance market (PPI)
Compass Lexecon (London)
Summary The Competition Commission has recently invited consultation on its proposed remedies to improve competition in the payment protection insurance (PPI) market. The Competition Commission designed the proposed remedies to overcome a “point-of-sale” advantage that suppliers of loans enjoy. (...)

The German Competition Authority orders an energy company to pay € 55 million to customers to settle excessive pricing investigation (E.ON)
Van Bael & Bellis (Brussels)
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Practising Law Institute (New York)
According to a press release of 6 October 2008, the German Federal Cartel Office (FCO) closed its proceedings against six regional gas suppliers belonging to the E.ON group in exchange for a commitment according to which the companies agree not to increase prices for two months and to pay a (...)

The French Competition Authority accepts commitments offered as part of the negotiated settlement procedure in a minimum retail price maintenance case (Cie Financière et de Participation Roullier)
Moskvina Law, PLLC
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Darrois Villey Maillot Brochier (Paris)
Background Compagnie Financière et de Participation Roullier (“CFPR”) mainly produces agricultural supplies, and is also active in agrochemicals and food production. CFPR produces licking salt blocks (“LSB”) for farm animals, which are particularly profitable products. CFPR’s clients are (...)

The French Competition Authority fines a group of the agribusiness sector with a € 2,000,000 fine for inciting its distributors to apply the suggested resale price supplied by itself, who also applied a price monitoring policy (Roullier Group)
UGGC Avocats (Paris)
Description of the impugned case Resale price of the products manufactured by the Roullier group were sent to the distributors. In addition, sales force of the Roullier group were regularly taking orders directly from the clients in lieu of the distributors. While taking orders from clients, (...)

The German Federal Cartel Office rules that the proposals on the centralized marketing of broadcasting rights football matches are insufficiently competitive (Bundesliga)
White & Case (Hambourg)
In a statement dated 24 July 2008, which is not a formal decision, the German Federal Cartel Office (FCO) has informed the German Football League (DFL) that in its current form the model, which DFL proposes for marketing TV broadcasting rights for the football league, does not meet competition (...)

The Portuguese Competition Authority accepts commitments concerning non-compete obligations on hotels, restaurants and cafés (Nestlé Portugal, Delta Cafés Sociedade Gestora de Participaçoes Sociais, Nutricafés – Cafés e Restauraçao and Segafreddo Zanetti)
Van Bael & Bellis (Brussels)
On 16 July 2008, the Portuguese Competition Authority issued a press release indicating that it has accepted the commitments offered by four suppliers (Nestlé Portugal SA, Delta Cafés Sociedade Gestora de Participaçoes Sociais SA, Nutricafés – Cafés e Restauraçao SA and Segafreddo Zanetti (Portugal (...)

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

The Polish NCA issues its first commitment decision in a cartel case (Xella Polska and its distributors)
Greenberg Traurig Grzesiak (Warsaw)
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PKN Orlen
On 7 July 2008, the President of the Office for Competition and Consumers’ Protection (‘the OCCP’ or “the Office’) confirmed that Xella Polska Sp. z o.o., a part of the Franz Haniel & Cie Gmbh capital group (“Xella Polska") and its 10 distributors had infringed the competition law rules by (...)

The Polish antitrust authority concludes an investigation into a price-fixing agreement in the construction sector with a commitment decision and no fine (Xella Poland)
Dentons (Warsaw)
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Wierzbowski Eversheds (Warsaw)
On February 1, 2007, Xella Polska Sp. z o.o. («Xella») signed a number of contracts with its distributors regulating the conditions of supply of wall-building materials by Xella. Each of the contracts included a clause forbidding the distributor from reselling Xella‘s products at a price lower (...)

The Hungarian Competition Authority accepts commitments from brokers in a cartel investigation (Budapest Stock Exchange)
Van Bael & Bellis (Brussels)
In two orders of 20 March and 21 May 2008, the Hungarian Competition Authority (the “GVH”) ended its investigation into an alleged price coordination by brokers at the Budapest Stock Exchange (the “BÉT”). The first order ended the investigation, due to the lack of evidence, into an alleged fixing (...)

The Hungarian Competition Council accepts commitments to modify the membership fees of the Budapest Stock Exchange and terminates a cartel investigation against trading companies (Budapesti Értéktõzsde Zrt.)
Baker McKenzie (Budapest)
The background of the investigation The Competition Office initiated an investigation against the Budapest Stock Exchange ("BSE") and 11 trading companies, as it suspected an illegal horizontal coordination among the trading members of the BSE concerning (i) the amendment of BSE’s membership (...)

The Hungarian Competition Council terminates investigation into beer supply agreements following amendment of non-compete obligations (Borsodi, Dreher Sörgyárak, Heineken)
Van Bael & Bellis (Brussels)
On 16 May 2008, the Hungarian Competition Council (the «Competition Council«) decided to accept the commitments offered by Borsodi Zrt. («Borsodi«), a large Hungarian brewer, and terminated its investigation into Borsodi‘s beer supply agreements. The Competition Council, first, found that the three (...)

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

The Hungarian Competition Council accepts commitments to reduce the duration of non-compete obligations in beer supply agreements (Borsodi Sörgyár)
Baker McKenzie (Budapest)
The Hungarian Competition Council terminates an investigation concerning beer supply agreements by adopting a commitment decision and making the commitments of a beer producer binding, pursuant to which the duration of non-compete obligations is to be reduced to five years. The background of (...)

The Italian Competition Authority closes the investigation for abuse of dominance in the Italian postal sector following commitments (Poste Italiane)
DiaSorin
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Freshfields Bruckhaus Deringer (Rome)
On 27 February 2008, the Italian Antitrust Authority (IAA) conclusively accepted the commitments proposed by Poste Italiane (PI), the former monopolist of postal services in Italy) in relation to the investigation opened in August 2007 for the alleged breach of article 82 of the EC Treaty. The (...)

The European Commission conditionally approves State aid granted by Belgium to a public service broadcaster (Flemish public broadcaster VRT)
DG COMP (Brussels)
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DG COMP (Brussels)
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DG COMP (Brussels)
"Funding of public service broadcasting and State aid rules - two recent cases in Belgium and Ireland"* I. Introduction The present article illustrates the Commission’s State aid assessment practice concerning funding for public service broadcasters on the basis of two recent cases which were (...)

The French Competition Council accepts commitments aiming at providing access to a computer program in the press distribution sector (NMPP)
Moskvina Law, PLLC
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Darrois Villey Maillot Brochier (Paris)
Background On 8 August 2003, Messageries Lyonnaises de Presse (MLP) filed a complaint with the French Competition Council (Council) regarding anticompetitive conduct of NMPP and SAEM-TP. The present decision addresses only NMPP’s alleged attempt to evict MLP from the market by refusing to grant (...)

The Austrian Federal Competition Authority opens the market for broadcasting rights of skiing events (ORF- ÖSV, ’Broadcasting rights of skiing events’)
DORDA
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KIEHL Kanzlei für Wirtschaftsrecht
Background In three famous decisions the European Commission decided that the central marketing of the media rights of the Football Premier League may give rise to horizontal and vertical competition concerns.. Particularly, the Commission stressed that media rights should be awarded according (...)

The Czech Competition Authority publishes guidelines on alternative resolution of certain competition issues
Havel, Holasek & Partners (Prague)
I. Introduction In 2004, the first amendment to the Czech Competition Act was adopted which introduced into the national competition law a new mechanism designed for alternative resolution of certain competition disputes. By virtue of this amendment, the Office for the Protection of (...)

The Italian Council of State confirms the jet fuel cartel decision and clarifies that Italian Competition Authority has no power to impose structural remedies in antitrust cases (Eni, Esso, Kuwait, Shell, Tamoil and Total)
Van Bael & Bellis (Brussels)
The Italian Council of State has recently ruled on appeals brought against the Italian Competition Authority’s decision in the jet fuel cartel case. In June 2006, the Italian Competition Authority (“ICA”) fined six major oil companies – Eni, Esso, Kuwait, Shell, Tamoil and Total– for their (...)

The Italian Competition Commission accepts the commitments of the oil companies under investigation for restriction of competition on the fuel market and closes the investigation (Fuel cartel)
University College London
In 18 January 2007 the Italian Competition Commission (Autorita Garante della Concorrenza e del Mercato, ‘ICC’) launched an investigation in order to examine allegations of violation of article 101 TFEU and law 287/1990 consisting in restrictions in the italian market of automotive fuels by the (...)

The French Competition Authority accepts some commitments to address competition concerns on the sector of distribution of medicines (GlaxoSmithKline and Pfizer)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Distribution of medicines: GlaxoSmithKline and Pfizer commit themselves in front of the Conseil on the operating of their medicine quota system for wholesale distributors.* History of the case Following (...)

The French Competition Authority makes compulsory commitements made to address competition concerns in the sector of car repair (Citroën)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Conseil de la concurrence strengthens competition in the sector of car repair: Independent repairers will now have access to all Citroën’s tools necessary for repairing electronic breakdowns on the brand’s (...)

The Paris Court of Appeal upholds an NCA’s decision acceptating commitments in its first decision on commitments procedure (Bijourama/Festina France)
White & Case (Paris)
Commitments from Festina France on its distribution agreements, accepted by the French Competition Council (Conseil de la concurrence) in a decision of 24 July 2006, are the first ones to be submitted to the Paris Court of Appeal. The Competition Council was seized by Bijourama, a jewel and (...)

The European Commission renders legally binding commitments on four car manufacturers to give independent repairers proper access to repair information (DaimlerChrysler, Fiat, Toyota and General Motors)
DG COMP (Brussels)
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DG COMP (Brussels)
"Four decisions bind DaimlerChrysler, Fiat, Toyota and General Motors to commitments to give independent repairers proper access to repair information"* I. Introduction: Importance of these decisions for consumers It is commonly recognised that there is a widespread problem in the motor (...)

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

The French Competition Authority sanctions several companies for having entered into an agreement on the market for high voltage electric cables (Nexans & Safran)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Agreement on the market for high voltage electric cables: The Conseil de la concurrence penalizes the major cable suppliers to €19.5 million for making an agreement during two successive invitations to bid (...)

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

The French Competition Authority accepts the commitments proposed by four pharmaceutical laboratories making the medicine quota system he more flexible for wholesale distributors (Boehringer-Ingelheim & Sanofi-Avantis)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Distribution of medicines: The Conseil accepts the commitments proposed by four pharmaceutical laboratories making the medicine quota system more flexible for wholesale distributors.* History of the case (...)

The French Competition Authority accepts commitments but fines two companies for having entered into an agreement on the sector of laundry cleaning and renting (Elis & Initial BTB)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Agreement in the sector of laundry cleaning and renting fined up to 18 million euros: The Conseil de la concurrence accepts innovative commitments from the sector’s two leaders - Elis and Initial BTB – who will (...)

The Austrian Supreme Court confirms that a cooperation agreement in the savings bank sector only partly fulfils the criteria of Art. 81.3 EC and, in a separate decision, that one of the cooperation cases constitutes a concentration (Erste Bank)
Reidlinger Schatzmann Rechtsanwälte (Vienna)
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Bpv Hügel (Vienna)
As reported previously, in a decision of 13 June 2006 the Austrian Cartel Court had found that the cooperation agreements concluded between the majority of players in the Austrian savings banks sector violated Article 81(1) EC, but was partly exempt under Article 81(3) EC (See Axel Reidlinger (...)

The French Competition Authority accepts the commitments taken by 10 companies of the cosmetic industry to introduce more competition into online sale of their products (Bioderma & Rogé Cavaillès)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Conseil de la concurrence facilitates online sale of cosmetic products: 10 companies of the cosmetic industry committed to introduce more competition into online sale of their products.* The Conseil de la (...)

The UK Competition Commission consults on remedies on the personal current account banking services market (PCA Northern Ireland)
Nestlé (Vevey)
On 6 March 2007 the UK Competition Commission (“CC”) published for consultation a proposed final remedies package to remedy the competition issues provisionally identified by the CC in its review of the personal current account (“PCA”) banking services market in Northern Ireland. The CC is the (...)

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

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

The French Competition Authority sanctions several companies for having entered into an agreement in the sector for the collection and the treatment of wastes in Seine-Maritime (Veolia Propreté & Sita France)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Agreement in the sector for the collection and the treatment of wastes in Seine-Maritime: As part of a negotiated settlement, subsidiaries of Veolia Propreté and Sita France benefited from extenuating (...)

The UK Competition Commission imposes inter alia price control to a major operator in the printed classified directories market (Yell)
RBB Economics (London)
On 21 December 2006, the UK’s Competition Commission published the results of its market investigation on the supply of printed classified directory advertising services (CDAS). In its report, the CC found that Yell, the largest supplier, had market power. This finding was based primarily on (...)

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

The French Competition Council agrees to commitments from Hi-Fi and Home Cinema equipment suppliers in order to allow their selective distributors to carry out online selling (Hi-Fi/Home Cinema)
Simmons & Simmons (Paris)
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Hewlett Packard (Boulogne-Billancourt)
On 5 October 2006, the Conseil de la concurrence (French Competition Council) issued a decision in which it accepted to withdraw the litigation proceedings after three of the main companies active in the Hi-fi and home cinema equipment sector (Bose, Focal JM Lab and Triangle) agreed to (...)

The French Competition Council accepts commitments to modify selective distribution agreements as regards access to the network and advertising on the Internet (Festina)
AptarGroup (Paris)
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SNCF Mobilités (Paris)
The Bijourama Company is specialized in the sale of time pieces, jewellery and silversmith’s pieces exclusively on the internet. Bijourama submitted a referral to the French Competition Council on October 13th, 2005. The company complained about the refusal of Festina France (a subsidiary of the (...)

The European Commission renders legally binding commitments offered by a company active in the fuel distribution in Spain removing concerns of market foreclosure (REPSOL)
DG COMP (Brussels)
"REPSOL: Opening up the fuel distribution system in Spain"* Introduction On 12 April 2006, the Commission adopted a decision based on Article 9 of Regulation (EC) 1/2003 addressed to the largest petrol supplier in Spain, REPSOL Commercial de Productos Petroliferos (‘REPSOL‘), making commitments (...)

The Czech Office for the Protection of Competition exempts an individual beer supply agreement containing a minimum purchase obligation in favour of the dominant operator (Plzensky Prazdroj)
University Paris I Panthéon-Sorbonne
In this decision the national competition authority, the Czeh Office for the Protection of Competition (hereafter the “Office”) had a new opportunity to assess the validity of a vertical agreement concluded between the largest Czech brewer, Plzensky Prazdroj, a.s., and its distributors. The (...)

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

The French Competition Authority sanctions several companies for having engaged in vertical price agreements regarding the distribution of video cassettes for children (Disney video cassettes)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Disney video cassettes for children: The Conseil de la concurrence fines the companies BVHE, Casino, Carrefour and SDO for engaging in vertical price agreements.* Following a referral from the Ministry of (...)

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

The European Commission adopts its first commitment decision pursuant to Article 9 of Regulation 1/2003 concerning joint selling of German football media rights (Bundesliga)
DG COMP (Brussels)
"Joint selling of Bundesliga media rights — first Commission decision pursuant to Article 9 of Regulation 1/2003"* Introduction On 19 January 2005 the Commission adopted the first commitment decision pursuant to Article 9 of Regulation 1/2003. In case COMP/C-2/37.214 — Joint selling of the (...)

The Japan Fair Trade Commission renders its recommendations against participants in bidding in the tire tubes market (Bridgestone Corporation)
Japan Fair Trade Commission (Tokyo)
JFTC issues Recommendation to Companies Bidding for the Tire Tubes Ordered by the Japan Defense Agency* The Fair Trade Commission of Japan (hereinafter “JFTC”) investigated into companies that bid for the tires or the tubes requested by the Japan Defense Agency (hereinafter “JDA”) based on the (...)

The Japan Fair Trade Commission issues its recommendations against participants in bidding for construction work (City of Niigata)
Japan Fair Trade Commission (Tokyo)
Recommendation to Companies which Tendered for Construction Work Ordered by the City of Niigata* The Fair Trade Commission investigated participant in bids for construction work ordered by the City of Niigata based on the provisions of the Antimonopoly Act, and today issued a recommendation to (...)

The Japan Fair Trade Commission renders its recommendations against participants in bidding for Surveying and Civil Engineering Consultant Business (Yamagata Prefecture)
Japan Fair Trade Commission (Tokyo)
Recommendation to Participants in Bid for Surveying and Civil Engineering Consultant Business Ordered by Yamagata Prefecture* Based on the provisions of the Antimonopoly Act, the Fair Trade Commission examined participants in bids for business such as surveying and civil engineering (...)

The Japan Fair Trade Commission issues its recommendations against participants in bidding for paving works (Osaka city)
Japan Fair Trade Commission (Tokyo)
JFTC rendered recommendation to the participants in a bid of estimated prices for the paving works, ordered by Osaka city* The Fair Trade Commission of Japan (JFTC),following an investigation into the participants in comparison of estimates for the contracts of paving works called by the Water (...)

The Japan Fair Trade Commission renders its recommendations against participants in bidding for install sewer pumps (Tokyo Metropolitan Government)
Japan Fair Trade Commission (Tokyo)
JFTC issues Recommendation to Companies Bidding for the Sewer Pump Installation Work Ordered by the Tokyo Metropolitan Government* The Fair Trade Commission investigated into companies that bid for the sewer pump installation work requested by the Tokyo Metropolitan Government based on the (...)

The Hungarian Competition Authority closes proceedings following commitment to cease RPM (Bobájka)
Oppenheim (Budapest)
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Oppenheim (Budapest)
Description of the impugned case The lease agreements of Bobájka (a producer of bakery products) contained straightforward RPM clauses and also exclusivity clauses (the tenants/retailers were obliged to sell exclusively the products of Bobájka within the territory of the leased property and only (...)

The Japan Fair Trade Commission issues a consent decision concerning an anticompetitive bid rigging in the water meters market (Kimmon Manufacturing)
Japan Fair Trade Commission (Tokyo)
Consent Decision on Kimmon Mfg. Co., Ltd* The Fair Trade Commission decided to initiate a hearing for Kimmon Mfg. Co., Ltd. (hereinafter referred to as “the Respondent”) on August 25, 2003. Since then the examiners had conducted the hearing, and on January 23, 2004, the Respondent proposed (...)

The Japan Fair Trade Commission renders its recommendations against participants in biddings for survey works and construction consultation works (Nagano Construction Office)
Japan Fair Trade Commission (Tokyo)
JFTC issues recommendation to participants in biddings for survey works and construction consultation works ordered by Nagano Construction Office of the Nagano Prefectural Government* The JFTC, following an investigation into participants in bidding for survey works and construction (...)

The Japan Fair Trade Commission issues its recommendations against participants in bidding for civil engineering and paving work (City of Shimizu)
Japan Fair Trade Commission (Tokyo)
JFTC issues recommnendation etc. to Businesspersons Partincipating in Bidding on Construction Projects ordered by the Former City of Shimizu in Shizuoka Prefecture* The Japan Fair Trade Commission conducted an investigation based on the stipulations of the Antimonopoly Act that targeted (...)

The Japan Fair Trade Commission renders its recommendations against participants in bidding for sewerage facility works (City of Kitakyushu)
Japan Fair Trade Commission (Tokyo)
JFTC issues recommendation to participants in bidding for sewerege facility works ordered by the City of Kitakyushu* The JFTC, following an investigation into participants in bidding for sewerage facility works ordered by the City of Kitakyushu, hereby issues the following recommendation based (...)

The Japan Fair Trade Commission issues a consent decision concerning bidding for paving works (Noguchi Hodo)
Japan Fair Trade Commission (Tokyo)
Consent Decision to Noguchi Hodo K.K.* The JFTC had decided to initiate hearing procedures against Noguchi Hodo K.K. on 20 June 2003 and has been having examiners conduct the procedures. The JFTC received a request for consent decision and plans for specific measures from Noguchi Hodo K.K. (...)

The Japan Fair Trade Commission issues a consent decision concerning bidding for building cleaning works (Taihei Building Service Corporation)
Japan Fair Trade Commission (Tokyo)
Consent decision issued to Taihei Building Service Corporation on bid-rigging for building cleaning works* The JFTC, on 11 June 2003, decided to initiate hearing procedures against Taihei Building Service Corporation and has been having examiners conduct the procedures. The JFTC received a (...)

The Japan Fair Trade Commission issues a consent decision concerning bid-rigging for building cleaning works (Taihei Building Service Corporation)
Japan Fair Trade Commission (Tokyo)
Consent decision issued to Taihei Building Service Corporation on bid-rigging for building cleaning works* The JFTC, on 11 June 2003, decided to initiate hearing procedures against Taihei Building Service Corporation and has been having examiners conduct the procedures. The JFTC received a (...)

The Japan Fair Trade Commission issues its recommendations to bidders for water meters in a public procurement (Tokyo Metropolitan Government)
Japan Fair Trade Commission (Tokyo)
JFTC renders recommendation to bidders for water meters procured by Tokyo Metropolitan Government* he JFTC, after conducting an investigation into bidders for water meters procured by Tokyo Metropolitan Government, today issued a recommendation to 19 companies against violation of Section 3 (...)

The Japan Fair Trade Commission issues its recommendations against participants in bidding for construction works (Housing and Urbanizing Bureau, City of Nagoya)
Japan Fair Trade Commission (Tokyo)
JFTC renders recommendation to bidders for construction works by City of Nagoya* The JFTC, after conducting an investigation into bidders for construction works ordered by City of Nagoya, today issued a recommendation to 106 companies against violation of Section 3 (unreasonable restraint of (...)

The Japan Fair Trade Commission issues its recommendations against participants in bidding for construction material price survey activities (Economic Research Association and Construction Research Institute)
Japan Fair Trade Commission (Tokyo)
JFTC Recommendation for participants in tenders for construction material price survey activities ordered by government offices under the jurisdiction of the Ministry of Land, Infrastructure and Transport’s Kanto Regional Development Bureau* The Japan Fair Trade Commission has completed an (...)

The Japan Fair Trade Commission renders a recommendation against participants in bidding for paving works (paving constructors)
Japan Fair Trade Commission (Tokyo)
JFTC issues a recommendation to participants in bids for paving works let by Kyoto-city.* he JFTC, following an investigation into participants in bids for paving work contracts called by Kyoto-city, issued today a recommendation to 12 construction companies in violation of section (...)

The EU Commission closes an investigation involving the incumbent Danish gas supplier and the country’s main gas producers after the latter committed themselves to market their production individually (DONG / DUC)
European Anti-Fraud Office - OLAF (Brussels)
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DG COMP (Brussels)
"Vertical and horizontal restraints in the European gas sector – lessons learnt from the DONG/DUC case"* 1. Introduction On 23 April 2003 the Commission services closed their investigation into the DONG/DUC case relating to the Danish gas market . This case as well as some other cases recently (...)

The Japan Fair Trade Commission issues its recommendations against participants to bidding in the fields of building-cleaning
Japan Fair Trade Commission (Tokyo)
JFTC renders recommendation to building-cleaning companies for rigging bids by Yamaguchi City and Shimonoseki City.* The JFTC has today issued recommendation to 29 participants in bids for building-cleaning by public offices in Yamaguchi City and Shimonoseki City for violating Section 3 (...)

The European Commission approves partnership between British and Belgium airlines companies (British Airways/SN Brussels Airlines)
DG COMP (Brussels)
"Commission approves partnership between British Airways and SN Brussels Airlines"* Procedure On 25 July 2002, British Airways (BA) and SN Brussels Airlines (SN) notified to the Commission a number of co-operation agreements requesting an exemption under Article 81 (3) of the Treaty. These (...)

The Japan Fair Trade Commission issues its recommendations against participants in bidding for placing road traffic signals (Tokyo Metropolitan Police Department)
Japan Fair Trade Commission (Tokyo)
JFTC recommendation to participants in bidding for placing road traffic signals etc. called by the Tokyo Metropolitan Police Department* As for bidding called by the Tokyo Metropolitan Police Department (MPD) for placing road traffic signals,the participants, totaling 17 corporations received (...)

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

The Japan Fair Trade Commission issues its recommendations against several participants in bidding for a construction contract and imposes remedies to the Mayor for ensure the competition between the participants (Iwamisawa Construction Association and Iwamisawa Piping Cooperative)
Japan Fair Trade Commission (Tokyo)
JFTC recommendation to participants in bidding for a construction contract invited by Iwamizawa City and remedical actions requested of the Mayor of Iwamiawa City* As for the bidding called by Iwamisawa-City for a construction contract, 126 participants in bidding received FTC recommendation (...)

The Netherlands Competition Authority has to decide what fines to impose on the bid rigging agreements on the market for asphalt construction (Heijmans / Solétanche)
Netherlands Authority for Consumers & Markets (The Hague)
NMa Will Also Conduct Intensive Investigations into the Construction Industry in 2003* The Netherlands Competition Authority (NMa) will continue its intensive investigation into possible infringements of the Competition Act in the construction sector in 2003. NMa will continue to monitor the (...)

The European Commission closes investigation into two transatlantic aviation alliances (Lufthansa/SAS/United Airlines and KLM/NorthWest)
DG COMP (Brussels)
"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 Netherlands Competition Authority establishes that the largest pig abattoir entered into restrictive agreements with smaller abattoirs (Dumeco)
Netherlands Authority for Consumers & Markets (The Hague)
NMa: Dumeco Must Amend Its Restructuring Agreements* Following information received from the sector, the Netherlands Competition Authority (NMa) has investigated whether the recent termination of the slaughtering activities of a number of smaller pig abattoirs contravenes the Competition Act. (...)

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)
DG COMP (Brussels)
"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 Netherlands Competition Authority simplifies the notification of cartels in the construction industry
Netherlands Authority for Consumers & Markets (The Hague)
NMa Simplifies the Notification of Cartels in the Construction Industry* The Netherlands Competition Authority (NMa) has made it easier for tendering services to give notification of irregularities which they observe in relation to tenders. For this purpose, NMa has developed a notification (...)

The European Commission ends proceedings regarding German book price fixing agreements following acceptance of commitment on cross-border sales (Sammelrevers)
European Court of Justice (Luxembourg)
,
DG COMP (Brussels)
"Commission ends competition proceedings regarding German book price fixing agreements following acceptance of an undertaking on cross-border sales"* Introduction The Commission has been dealing with the system of fixed book prices in Germany and Austria since its first notification in 1993 (...)

The Netherlands Competition Authority decides that the system of maximum discounts applied by a professional association contravenes the competition law (Modint)
Netherlands Authority for Consumers & Markets (The Hague)
NMa Upholds Earlier Prohibition on Maximum Discounts in the Clothing Sector* The Nederland Competition Authority (NMa) has once again decided in a ruling on an administrative appeal that the system of maximum discounts applied by Vereniging Modint Ondernemersorganisatie voor mode en interieur (...)

The Netherlands Competition Authority decides that an umbrella organisation of hairdressers shall cease issuing recommended prices to its members (ANKO)
Netherlands Authority for Consumers & Markets (The Hague)
NMa: End to Recommended Prices Hairdressers’ Organisation* The Director-General of the Netherlands Competition Authority (NMa) has decided that the umbrella organisation of hairdressers, Koninklijke Algemene Nederlandse Kappersorganisatie ANKO [Royal Dutch Hairdressers Association] must cease (...)

The European Commission persuades leading manufacturer of coffee machines to implement an international guarantee for its products addressing the issue of territorial restrictions (Saeco)
European Commission - DG JUST
"The Commission persuades Saeco to implement an international guarantee for its products and closes the complaint file"* The Commission has addressed the problem of territorial restrictions of guarantees offered by manufacturers on many occasions and has always insisted that, where a (...)

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)
DG COMP (Brussels)
"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 acknowledges the voluntary commitment offered by the EACEM to reduce stand by power use of TVs and VCRs for environmental purposes (European association of consumer electronics manufacturers)
AECOM (Dublin)
"EACEM scheme to reduce stand by power use of TVs and VCRs receives a comfort letter because of its environmental benefits"* The European association of consumer electronics manufacturers (EACEM) and sixteen of its members, all major manufacturers of televisions and video recorders, made a (...)

The European Commission approves, subject to commitments, two joint ventures between French and German telecommunications operators (Atlas, Phoenix)
DG COMP (Brussels)
"Atlas/Phoenix"* On 15 December 1995, the Commission published two Notices pursuant to Article 19 (3) of Regulation 17 [OJ C 337 of 15.12.95] indicating that it intends to take a favourable position and inviting third parties to send their observations with respect to the Atlas and Phoenix (...)

Competition law regime and policy in Italy: An overview
Rucellai & Raffaelli (Milan)
,
Sky (Milan)
I. Italian antitrust law Competition Law in Italy is set out by Law n° 287 of 10 October 1990 (hereinafter also the “Law”), which regulates restrictive practices, abuses of dominant positions and concentrations, in a manner substantially identical to the European regulation. 1. Restrictive (...)

Dominance

The French Competition Authority renders legally binding a set of remedies of a media company leaving its subscribers free to choose their TV decoder to watch its programmes (Canal Plus)
French Competition Authority (Paris)
Satellite Pay TV* The Autorité de la concurrence makes the commitments of Groupe Canal Plus binding, leaving its subscribers free to choose their TV decoder to watch its programmes. The complaint A satellite decoder manufacturer lodged a complaint with the Autorité de la concurrence relating (...)

The Portuguese Competition Auhtority renders legally binding a set of remedies that expand the scope of postal network access offer of a postal operator to competing operators (CTT)
Portuguese Competition Authority (Lisbon)
AdC’s intervention expands the scope of CTT postal network access offer to competing operators and broadens consumer choice* The Portuguese Competition Authority (AdC) adopted a decision which renders legally binding a set of commitments that expand the scope of CTT’s Postal Network Access Offer (...)

The Lithuanian Competition Authority closes its investigations against a bank for abuse of dominance (Swedbank)
Lithuanian Competition Authority (Vilnius)
Competition Council closes the investigation into Swedbank actions* The Competition Council closed the investigation into the compliance of Swedbank actions with the requirements of the Law on Competition upon Swedbank submitting written commitments suitable for the elimination of the alleged (...)

The EU Commission accepts commitments to settle investigation into conduct affecting Central and Eastern European gas markets (Gazprom)
Van Bael & Bellis (Brussels)
On 24 May 2018, the Commission adopted a decision accepting a number of commitments from Gazprom to address the Commission’s competition concerns regarding conduct by Gazprom that allegedly restricted the free flow of gas at competitive prices in Central and Eastern European gas markets. The (...)

The German Competition launches a market inquiry on remedies proposed by German Olympic Sports Confederation and the International Olympic Committee suspected to abuse of their dominant position (DOSB / IOC)
German Competition Authority (Bonn)
Market test on commitments of DOSB and IOC* The Bundeskartellamt is currently conducting an administrative proceeding against the German Olympic Sports Confederation (Deutscher Olympischer Sportbund, DOSB) and the International Olympic Committee (IOC). The Bundeskartellamt suspects that the (...)

The German Competition Authority terminates its administrative proceeding against a national sport association suspected of abuse of dominance (DFB - German Football Association)
German Competition Authority (Bonn)
DFB eases conditions for purchase of tickets for World Cup 2018* The Bundeskartellamt has terminated its administrative proceeding against the German Football Association (DFB) which it had initiated on the suspicion that the association had abused its dominant position. Before this DFB had (...)

The Slovenian Competition Protection Agency accepts commitments by the incumbent gas importer and supplier addressing concerns relating to long-term contracts on natural gas supply with industrial customers (Geoplin)
Fatur Law Firm (Ljubljana)
Introduction On 10 November 2017, the Slovenian Competition Protection Agency (hereinafter referred to as the CPA) has adopted a decision that renders legally binding the commitments offered by GEOPLIN LLC. (hereinafter referred to as GEOPLIN), incumbent gas importer and supplier in the (...)

The French Competition Authority acceptes remedies proposed by a sugar producer suspected to have abused of its dominant position (Tereos)
French Competition Authority (Paris)
Sugar production / Picardie* Tereos takes commitments under the French competition authority that it will open up its procurement contracts. Sugar beet growers will benefit from greater freedom to choose the sugar groups that they want to supply. The complaint by Saint-Louis Sucre France’s (...)

The Spanish Competition Authority closes abuse of dominance proceedings by means of a commitments decision against a pharmaceutical company (IMS Health)
Callol, Coca & Asociados (Madrid)
On 13 July 2017, the NMCC closed the Article 102 TFEU and Article 2 of the Spanish Competition Act (Competition Act) proceedings related to the supply of pharmaceutical marketing data to IMS Health (IMS) by means of a commitments decision. The NMCC initiated the investigation, as a result of (...)

The Spanish Competition Authority closes proceedings by means of a commitments against a tonic water company in a case related to restrictions of parallel trade (Schweppes)
Callol, Coca & Asociados (Madrid)
The NMCC has closed with commitments an investigation against Schweppes, S.A. related to restrictions of parallel trade. The Coca-Cola group and Orangina Schweppes Holding B.V. (OSHBV) share the ownership of the Schweppes trademark in the EU. Coca-Cola owns the Schweppes trademark in the UK (...)

The Italian Competition Authority accepts commitments from Italian collecting society in abuse of dominance investigation (Nuovoimaie)
Van Bael & Bellis (Brussels)
On 22 March 2017, the Italian Competition Authority (“ICA”) accepted commitments from the copyright-collecting society NUOVOIMAIE (“NI”) aimed at addressing ICA’s concerns that NI had abused its dominant position on the Italian market for management and intermediation services in the audio-visual (...)

The German Competition Authority closes its proceedings on abusive pricing against district heating suppliers and obtains antitrust remedies (Innogy)
German Competition Authority (Bonn)
Proceedings against district heating suppliers concluded* The Bundeskartellamt has concluded its proceedings on abusive pricing against district heating suppliers. In a number of supply areas the suppliers have offered commitments in response to the authority’s concerns about abusively (...)

The French Competition Authority conducts an initial intermediary assessment of the commitments made by an online accommodation booking company (Booking.com)
French Competition Authority (Paris)
The Autorité de la concurrence conducts an initial intermediary assessment of the commitments made by Booking.com.* The Autorité has not ruled out the possibility of issuing an opinion at its own initiative if the change in competition so requires, and is actively contributing to all of the (...)

The EU Commission seeks feedback on commitments proposed by an electronic commerce company in e-book investigation (Amazon)
DG COMP (Brussels)
Antitrust: Commission seeks feedback on commitments offered by Amazon in e-book investigation* The European Commission is inviting comments on commitments offered by Amazon to address competition concerns relating to parity clauses in contracts with publishers. The clauses may breach EU (...)

The Czech Competition Authority accepts commitments in a case on alleged abuse of dominance by an energy company applying a pricing formula included in a long-term supply agreement (ČEZ)
Diwok Hermann Petsche (Baker McKenzie Vienna)
The Czech Competition Authority ("CCA") accepted in a decision of 20 December 2016 commitments offered by ČEZ, a partly state-owned Czech energy company, due to an alleged abuse of dominant position on the market for purchasing of brown coal. While the CCA refrained from final findings regarding (...)

The Belgian Competition Authority closes its investigation regarding a real estate website due to remedies offered by the undertaking (Immoweb)
Belgian Competition Authority (Brussels)
The Investigation and Prosecution Service of the Belgian Competition Authority has closed its investigation against Immoweb due to commitments offered by Immoweb* On January 30 2015, the Investigation and Prosecution Service opened an ex officio investigation against Immoweb, the company (...)

The EU Commission fines undertakings for abuse of dominance on the Austrian waste management market (Altstoff Recycling Austria)
Van Bael & Bellis (Brussels)
On 20 September 2016, the European Commission announced that it had imposed a € 6 million fine on Altstoff Recycling Austria (“ARA”) for abusing its dominant position on the Austrian waste management market by blocking competitors from entering the Austrian market between 2008 and 2012. Austrian (...)

The EU General Court upholds the Commission’s decision making legally binding commitments remedying a finding of an abuse of dominance in the market for consolidated real-time data feeds (Morningstar / Thomson Reuters)
Van Bael & Bellis (Brussels)
On 15 September 2016, the General Court upheld the Commission’s decision accepting commitments proposed by Thomson Reuters with a view to remedying a finding of an abuse of a dominant position in the market for consolidated real-time data feeds, in breach of Article 102 TFEU. The Commission had (...)

The Croatian Competition Authority accepts remedies proposed by a company suspected of abuse of dominance on the funeral services market (Flora)
Croatian Competition Agency (Zagreb)
CCA accepts commitments by Flora VTC* The Croatian Competition Agency (CCA) accepted the commitments offered by Flora VTC in the course of the ex-officio proceeding that it opened against this undertaking in April 2016. The CCA established within the proceeding that on the basis of the Prices (...)

The Italian Competition Authority, in partnership with the EU Commission and nine other NCAs, monitors the impact of the measures undertaken in online hotel booking sector
Italian Competition Authority (Rome)
Monitoring launched in online hotel booking sector* Monitoring the impact of the new parity clauses in the contracts with online travel agencies by the Italian Competition Authority in partnership with 9 other National Competition Authorities The Italian Competition Authority (AGCM), in (...)

The EU Commission accepts remedies to alleviate concerns in film licensing contracts in cross-border pay-TV services (Paramount/Sky UK)
DG COMP (Brussels)
Antitrust: Commission accepts commitments by Paramount on cross-border pay-TV services* The European Commission has made commitments offered by Paramount legally binding under EU antitrust rules. These address the Commission’s concerns regarding certain clauses in film licensing contracts for (...)

The EU Commission accepts remedies proposed by companies active on the credit default swaps market (ISDA / Markit)
DG COMP (Brussels)
Antitrust: Commission accepts commitments by ISDA and Markit on credit default swaps* The European Commission has adopted a decision that renders legally binding commitments to licence inputs for credit default swaps, offered separately by the International Swaps and Derivatives Association (...)

The French Competition starts, in collaboration with 9 National Competition Authorities and the EU Commission, a survey among hoteliers to assess the remedies implemented in the hotel booking sector (Booking.com)
French Competition Authority (Paris)
Hotel booking platforms* The Autorité de la concurrence launches, in collaboration with 9 national competition authorities and the European Commission, a survey among hoteliers in order to assess the effects of the remedies implemented in Europe in the hotel booking platforms sector. (...)

The Portuguese Competition Authority renders legally binding the commitments offered by a food retailer (Dia)
Portuguese Competition Authority (Lisbon)
The PCA adopts a decision which renders legally binding the commitments offered by Dia Portugal related to Minipreço franchise* The Portuguese Competition Authority (PCA) adopted a decision which renders legally binding the commitments offered by Dia Portugal Supermercados, Sociedade (...)

The German Federal Cartel Office terminates proceedings regarding possible abuse of dominance in the market for the distribution of passenger train tickets and accepts several commitments by the incumbent train company (Deutsche Bahn)
Van Bael & Bellis (Brussels)
By a decision of 24 May 2016, the German Federal Cartel Office (“FCO”) announced that it had terminated proceedings against Deutsche Bahn AG after having accepted several commitments. In 2014, the FCO initiated an investigation against Deutsche Bahn AG and reached the preliminary conclusion that (...)

The German Competition Authority informs that, following its investigations, a railway company has decided to make far-reaching changes to the sale of passenger tickets (Deutsche Bahn)
German Competition Authority (Bonn)
Deutsche Bahn AG to make changes to ticket sales* Following investigations by the Bundeskartellamt, Deutsche Bahn AG has undertaken to make far-reaching changes to the sale of passenger tickets. The measures will improve the ticket sales possibilities of its competitors. In early 2014 the (...)

The EU Commission invites interested third parties to comment the commitments proposed in the credit default swaps case (ISDA / Markit)
DG COMP (Brussels)
Antitrust: Commission seeks feedback on commitments by ISDA and Markit on credit default swaps* The European Commission is inviting comments from interested parties on commitments offered separately by ISDA and by Markit to address competition concerns relating to the licensing of data and (...)

The German Competition Authority approves marketing model for award of football championship rights from 2017/18 season onwards (DFL)
German Competition Authority (Bonn)
Bundeskartellamt approves marketing model for award of Bundesliga rights from 2017/18 football season onwards – DFL undertakes for first time to observe ’no single buyer’ rule* The German League Association and the German Football League (DFL) have submitted a commitment to the Bundeskartellamt (...)

The EU Commission relieves an undertaking of its obligation to meet commitments decision following market developments (Deutsche Bahn)
Van Bael & Bellis (Brussels)
On 8 April 2016, the Commission announced that it had adopted a decision to relieve Deutsche Bahn of its obligation to comply with a commitments decision made binding on the company in December 2013. According to the Commission, the commitments decision had achieved its “main purpose”, which it (...)

The Croatian Competition Agency accepts commitments proposed by an undertaking suspected to abuse of dominance in the newspapers market (Tisak)
Croatian Competition Agency (Zagreb)
Tisak reviews the commission rates in newspapers sales* The Croatian Competition Agency (CCA) accepted the committments of the undertaking Tisak with the view to eliminating possible anticompetitive effects in the commission sales of newspapers in the proceedings that has been carried out by (...)

The UK Competition Authority issues provisional decision on remedies to increase competition in the private healthcare market (HCA)
British Competition Authority - CMA (London)
CMA’s private healthcare provisional decision on remedies* The CMA has provisionally found that likely changes in London’s private healthcare market mean that extra remedies would not be proportionate. In April 2012, the Competition Commission, a predecessor body of the Competition and Markets (...)

The Portuguese Competition Authority renders binding commitments proposed by car manufacturer regarding motor vehicle warranties (Fiat)
Portuguese Competition Authority (Lisbon)
The PCA adopts a decision which renders legally binding the commitments offered by Fiat regarding motor vehicle warranties* The Portuguese Competition Authority (PCA) adopted a decision which renders legally binding the commitments offered by FCA Portugal, S.A., in relation to Fiat brands (...)

The Portuguese Competition Authority closes its infringement procedure in the case of motor vehicles warranties (SEAT Portugal)
Portuguese Competition Authority (Lisbon)
Intervention of the Portuguese Competition Authority led to positive changes in the motor vehicles warranties* The Portuguese Competition Authority (PCA) decided to close the infringement procedure against SEAT Portugal, Unipessoal, Lda. (SEAT Portugal) because the company, diligently, (...)

The Hellenic Competition Authority accepts remedies proposed by an electricity producer ending competition concerns (PPC)
Hellenic Competition Authority (Athens)
HCC has accepted commitments proposed by the PPC S.A. to address competition concerns with regard to the supply of electricity to Aluminium of Greece S.A.* By a unanimous decision, the Hellenic Competition Commission (HCC) accepted commitments proposed by the Public Power Corporation S.A. (PPC (...)

The Estonian Competition Authority accepts commitment proposed by a vertically integrated electricity network operator to offer to all electricity suppliers the option of issuing joint invoices (Elektrilevi)
Sorainen (Tallinn)
With its 29 December 2015 decision, the Estonian Competition Authority (“ECA”) closed proceedings concerning an alleged abuse of dominance by the leading vertically integrated electricity network operator in Estonia, Elektrilevi OÜ. The proceedings were closed without a decision on whether a (...)

The Portuguese Competition Authority receives remedies from an automobile constructor regarding motor vehicles warranties (Fiat)
Portuguese Competition Authority (Lisbon)
Fiat offers commitments regarding motor vehicles warranties* The Portuguese Competition Authority (PCA) opened proceedings against Fiat Group Automobiles Portugal, S.A., now FCA Portugal, S.A. (Fiat), in relation to the Fiat brand, for alleged infringements of competition rules. The (...)

The EU Commission accepts commitments proposed by an electricity provider in order to open up the Bulgarian wholesale electricity market (Bulgarian Energy Holding)
DG COMP (Brussels)
Antitrust: Commission accepts commitments by Bulgarian Energy Holding to open up Bulgarian wholesale electricity market* The European Commission has adopted a decision that renders legally binding the commitments offered by Bulgarian Energy Holding (BEH) to end competition restrictions on (...)

The European Commission accepts the commitments proposed to end the competition restrictions on Bulgaria’s wholesale electricity market (Bulgarian Energy Holding)
Johnson & Johnson (Sofia)
On December 10, 2015 the European Commission accepted the commitments proposed by Bulgarian Energy Holding to open up the Bulgarian wholesale electricity market. The decision should lead to greater liberalization and transparency on the wholesale electricity market in Bulgaria, thus enhancing (...)

The Portuguese Competition Authority receives commitments from a car manufacturer ending competition concerns regarding motor vehicles warranties (SIVA)
Portuguese Competition Authority (Lisbon)
SIVA offers commitments to the Portuguese Competition Authority regarding motor vehicles warranties* The Portuguese Competition Authority has opened proceedings against SIVA – Sociedade de Importação de Veículos Automóveis, S.A., the Portuguese importer of Audi, Volkswagen and Skoda brands, for (...)

The Hungarian Competition Authority accepts commitments proposed by a softwares company suspected of abuse of dominance (Nielsen)
Hungarian Competition Authority (Budapest)
The GVH accepted the commitments offered by Nielsen* The Hungarian Competition Authority (Gazdasági Versenyhivatal, GVH) accepted the commitments offered by Nielsen Közönségmérés Kft. (Nielsen), pursuant to which in the future it will set the prices of its databases and of the related discounts (...)

The Belgian Competition Authority imposes provisional measures in a case involving TV rights for a series of cyclocross competitions (Telenet)
Van Bael & Bellis (Brussels)
On 5 November 2015, the Competition College of the Belgian Competition Authority (“BCA”) imposed provisional measures with regard to TV rights for the Superprestige Cyclocross Competition to address a possible infringement of Article IV.1 and/or IV.2 of the Code of Economic Law (the Belgian (...)

The Croatian Competition Authority accepts the remedies proposed by a dominant undertaking on the market of pyrotechnic products (Mirnovec pirotehnika)
Croatian Competition Agency (Zagreb)
CCA orders Mirnovec pirotehnika to change lease and business cooperation agreements* Similar as in the recent proceeding that it carried out against the undertaking Orion in the same relevant market the Croatian Competition Agency (CCA) opened the ex officio proceeding following the initiative (...)

The Polish Competition Authority accepts commitments proposed by insurers in the life insurance market (Allianz)
Polish Competition Authority (Warsaw)
UOKiK issues commitment decisions in unit-linked life insurance cases as part of wide investigation of consumer abuses in the sector* Three insurance companies – Polish units of Aviva, Allianz and Nationale Nederlanden – have committed to significantly reduce cancellation fees in existing (...)

The Irish Competition Authority publishes the commitments made by an online hotel booking company (Booking.com)
Irish Competition Authority (Dublin)
Commission secures 5-year commitments from Booking.com* Commission secures 5-year commitments from Booking.com Accommodation providers in Ireland will have increased ability to offer lower prices Consumers will have greater access to more competitive rates Tuesday, 6th October 2015: The (...)

The Polish Competition Authority fines a gas supplier for failing to fully comply with a commitment decision (PGNiG)
Polish Competition Authority (Warsaw)
PGNiG, Poland’s leading gas supplier, fined for failing to fully comply with a commitment decision* UOKiK has fined Polskie Górnictwo Naftowe i Gazownictwo (PGNiG), a leading Polish oil and gas company, EUR 2.45 mln for failing to comply with a part of the commitment decision it had accepted in (...)

The Portuguese Competition Authority accepts commitments proposed by a car manufacturer related to vehicle warranties’ restrictions (Ford)
Portuguese Competition Authority (Lisbon)
The PCA converts into mandatory conditions the commitments presented by Ford Lusitana regarding motor vehicle warranties* The Portuguese Competition Authority (PCA) converts into mandatory conditions all the commitments presented by Ford Lusitana, S.A. (Ford), in order to address the (...)

The Romanian Competition Authority launches a market test concerning a possible abuse of dominance in the pharmaceutical sector (GlaxoSmithKline)
Romanian Competition Council (Bucharest)
The Competition Council launches for public debates the commitments formulated by S.C. GLAXOSMITHKLINE S.R.L.* The Competition Council launches for public debates the commitments formulated by S.C. GlaxoSmithKline (GSK) S.R.L. within the investigation on possible abuse of dominant position of (...)

The Administrative Regional Court of Latvia upholds the decision of the Competition Authority that fined and imposed remedies on the national gas supplier in a case of abuse of dominance (Latvijas Gāze)
Konkurences padome (Riga)
Court agrees with the Competition Authority to fine the National Gas Supplier* On 2 September, the Administrative Regional Court confirmed the Competition Council’s (CC) decision to impose the only natural gas supplier in Latvia – AS „Latvijas Gāze” – remedies to change the practice of debt (...)

The Portuguese Competition Authority receives commitments proposed by a car manufacturer to end the competition concerns regarding motor vehicles warranties (Ford)
Portuguese Competition Authority (Lisbon)
Ford offers commitments to the Portuguese Competition Authority regarding motor vehicles warranties* The Portuguese Competition Authority has opened proceedings against Ford Lusitana, S.A. (Ford) for alleged infringements of the competition rules, on January 2015. The Portuguese Competition (...)

The Cyprus Commission for the Protection of Competition imposes a fine of 750,000 Euro and behavioural remedies on an airport company (Hermes Airports)
White & Case (Brussels)
,
Chrysses Demetriades (Limassol)
1. Background In its decision dated 23/6/2015 the Cypriot Commission for the Protection of Competition (the “CPC”) held that the operator of the Larnaca and Paphos international Airports in Cyprus, Hermes Airports Ltd, (hereafter referred as “Hermes”) violated Section 6(1)(a) of the Cyprus Law on (...)

The European Commission launches a market test concerning the commitments proposed by an electricity provider operating on the Bulgarian wholesale electricity market (Bulgarian Energy Holding)
DG COMP (Brussels)
Commission market tests commitments by Bulgarian Energy Holding (BEH) concerning Bulgarian wholesale electricity market* The European Commission is inviting comments from interested parties on commitments offered by the State-owned Bulgarian Energy Holding EAD (BEH) to address competition (...)

The Croatian Competition Authority accepts commitments proposed by a company operating in the provision of specialised IT support to leasing companies (Gemicro)
Croatian Competition Agency (Zagreb)
Gemicro committments accepted* In the proceeding against the undertaking Gemicro the Croatian Competition Agency (CCA) accepted the committments made by Gemicro for the removal of anticompetitive effects and restoration of competition in the provision of specialised IT support to leasing (...)

The Russian Competition Authority welcomes the decision of the gravel manufacturer aiming to end a practice constituting an abuse of dominance (Sharkhinsky Quarry)
Russian Federal Antimonopoly Service (Moscow)
A gravel producer in Crimea voluntarily eliminated violations of the antimonopoly law* The Federal Antimonopoly Service (FAS Russia) terminated the case against “Sharkhinsky Quarry” Shareholding Company in the part of abusing dominance (Clause 6 Part 1 Article 10 of the Federal Law “On (...)

The French Competition Authority obtains commitments from an owner of mobile operators pylons limiting the duration of new hosting contracts to 10 years (TDF)
French Competition Authority (Paris)
The Autorité de la concurrence obtains from TDF an improvement of the hosting contracts binding it to the mobile operators that use its pylons* In the scope of proceedings initiated before the Autorité de la concurrence by FPS Towers (hereinafter FPS), TDF commits to limiting the duration of new (...)

The Italian Competition Authority renders legally binding the commitments proposed by an online hotel booking company (Booking.com)
Italian Competition Authority (Rome)
Commitments offered by booking.com: closed the investigation in Italy, France AND Sweden* On 21 April 2015, the Italian Competition Authority has rendered legally binding the commitments offered by Priceline Group’s companies Booking.com BV and Booking.com (Italy) and closed, with respect to (...)

The French Competition Authority obtains extensive commitments from an online hotel booking company (Booking.com)
French Competition Authority (Paris)
Online hotel booking sector* The Autorité de la concurrence, in coordination with the European Commission and the Italian and Swedish authorities, has obtained particularly extensive commitments from Booking.com aiming to boost competition between online booking platforms and give hotels more (...)

The FTC seeks to secure first disgorgement in nearly a decade (Cardinal Health)
Womble Carlyle Sandridge & Rice (Charlotte)
FTC Seeks to Secure First Disgorgement in Nearly a Decade* The FTC announced yesterday that Cardinal Health, Inc. (“Cardinal”) has agreed to pay $26.8 million to resolve its investigation into the company’s alleged anticompetitive behavior. If approved by a federal court, the settlement would (...)

The Swedish Competition Authority approves voluntary commitments of an online hotel booking companysubject to penalty of a fine (Booking.com)
Vinge (Stockholm)
The Swedish Competition Authority decided, on 15 April 2015, to approve the voluntary commitments presented by Bookingdotcom Sverige AB and Booking.com BV (below, jointly referred to as “Booking.com”). The commitments are associated with a fine of SEK 5 million (approx. EUR 550 000) for (...)

The Canadian Competition Tribunal holds that the exit of a dominant firm from the relevant market does not end an abuse of dominance claim (Direct Energy)
Cassels Brock (Toronto)
Not out of hot water: Direct Energy’s exit does not end abuse case* Direct Energy’s exit from the hot water heater rental market did not turn down the heat from the Commissioner The exit of a respondent in an abuse of dominance case does not mean the case cannot continue, the Competition (...)

The Mexican Competition Commission accepts the remedies proposed by a dominant association in the market of the production of avocados (APEAM)
Mexican Competition Authority (Mexico city)
COFECE Resolution Will Allow Haas Avocado Exportation to the U.S.A. for all Packers in Mexico* • The APEAM agreed to eliminate anticompetitive practices that imposed barriers on Hass avocado exports to the U.S.A. • COFECE will survey the APEAM’s strict compliance with proposed remedies. Mexico (...)

The Portuguese Competition Authority converts into mandatory conditions the commitments proposed by a car manufacturer in the market of motor vehicle warranties (Peugeot)
Portuguese Competition Authority (Lisbon)
The PCA converts into mandatory conditions the commitments presented by Peugeot Portugal regarding motor vehicle warranties* The Portuguese Competition Authority (PCA) converts into mandatory conditions all the commitments presented by Peugeot Portugal Automóveis, S.A. (Peugeot), in order to (...)

The Chinese NDRC applies rigorously the Anti-monopoly Law and fines a compagny for abuse of dominant position (Qualcomm)
Dacheng - Dentons (Shanghai)
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Dacheng - Dentons (Beijing)
On February 10, 2015, as one of the global antitrust enforcement powerhouses by now, the National Development and Reform Commission of PRC (“NDRC”) issued its sanction decision against the US semiconductor giant Qualcomm Incorporated (“Qualcomm), imposing a fine of RMB 6.088 billion (equivalent to (...)

The China’s NDRC imposes changes in licensing practices (Qualcomm)
Cleary Gottlieb Steen & Hamilton (Washington)
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Cleary Gottlieb Steen & Hamilton (London)
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Cleary Gottlieb Steen & Hamilton (Brussels)
On March 2, 2015, China’s National Development and Reform Commission (“NDRC”), the agency responsible for investigating price-related violations of China’s Anti-Monopoly Law (the “AML”), published a decision (the “NDRC Decision”) regarding its investigation into alleged anticompetitive conduct by (...)

The French Competition Authority launches a market inquiry relating to remedies proposed by the owner of pylons in the mobile market (TDF)
French Competition Authority (Paris)
TDF proposes to reduce the length of contracts and ease the conditions for early termination in the contracts of mobile operators using its pylons for the installation of their antennas.The Autorité de la concurrence launches a market test on these proposals.* Within the scope of litigation (...)

The federal state of Baden-Württemberg withdraws its remedies proposed to the German Competition Authority aiming at bringing the state’s timber marketing practices in line with competition law (Federal state of Baden-Württemberg)
German Competition Authority (Bonn)
Baden-Württemberg withdraws its commitments in round timber proceedings* Today the federal state of Baden-Württemberg withdrew the commitments it offered in the Bundeskartellamt proceedings initiated against it for its joint marketing of round timber. The commitments were aimed at bringing the (...)

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