Exclusive rights (Art. 106 TFEU)

Anticompetitive practices

The Hungarian Competition Authority accepts commitments to cure concerns in the translation market (OFFI)
Van Bael & Bellis (Brussels)
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Practising Law Institute
On 8 August 2008, the Hungarian Competition Authority (the "GVH") decided to accept commitments from OFFI, Hungary’s National Office for Translation and Attestation, in a case it initiated ex officio. OFFI, a limited liability company 100% owned by the Hungarian state, is by law granted the (...)

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

The Italian Competition Authority starts investigation in the market of sport motoring for alleged abuses of Art. 81 and/or 82 EC (Automobile Club d’Italia)
National University of Singapore
On 22 November 2007, the Italian Competition Authority ( hereinafter, also the “Authority”) opened proceedings in the sector of sport motoring for alleged breach of article 81 and/or 82 of the European Treaty. Investigation started against ACI (“Automobile Club d’Italia”, public entity and (...)

The Polish Competition Authority fines the pay-TV operator and a football association for exclusive broadcasting rights (Canal+/Polish Football Association)
Hogan Lovells (Warsaw)
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Adwokatura Polska
The President of the Office for Competition and Consumer Protection (the “OCCP”) imposed by decision dated 29 May 2006 (No. DOK2-410/2/05/SCH) fines of almost PLN 8 million (EUR 2 million) on the Polish Football Association (PZPN) and Canal+ (pay TV operator). The OCCP assessed that the (...)

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

The European Court of Justice partly sets aside the Court of First Instance judgment in a case concerning the imports and exports of electricity in the Netherlands (Rendo v. Commission)
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European Commission - DG COMP (Brussels)
"Judgment Of The Court Of 19 October 1995 In Case C-19/93 P, Rendo NV Et Al. V Commission"* On October 19, 1995 the Court partly set aside the judgment of the Court of First Instance of November 18, 1992 (Case T-16/91) and referred the case back to the Court of First Instance. In a proceeding (...)

Dominance

The Danish Supreme Court rules on State action defense and refusal to supply under Danish competition law (Copenhagen Airport Terminal A)
University of Copenhagen
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Accura
Summary of the case After a lengthy process the Danish Supreme Court finally closed the curtain in September 2015 on a potential new, and competing, terminal in Copenhagen Airport, the main Danish airport hub. A group of investors had asked the airport to grant access (a lease) to a plot of (...)

The Italian Competition Authority challenges anticompetitive measures in the Italian slots allocation tender process (Rotte Italia / Israele)
Macchi di Cellere Gangemi (Rome)
Following the Opinion S2138 of January, 30, 2015 (not yet published), the ICA is going to challenge in Court the Italian Civil Aviation Agency (ENAC) method of allocating air traffic rights from Italy to Israel due to hamper of competition and favor of the dominant player . The outcome may (...)

The EU Court of Justice holds that a member state may be found to have infringed art. 106(1) TFEU if its measures create a situation in which a public undertaking or an undertaking on which it has conferred special or exclusive rights is led to abuse its dominant position (Greek Lignite case)
Gibson Dunn (Brussels)
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Gibson Dunn (Brussels)
ECJ held that the legal standard established by the General Court was incorrect, as the Commission was not required to identify or establish that an actual abuse had occurred or a particular abuse could have occurred as a result of the state measure at issue. The ECJ repeated its well (...)

The EU Court of Justice attempts to clarify its own case law on whether actual abuse by the public undertaking must be shown in Article 106 TFEU-cases (Greek Lignite case)
University of Groningen
The Appeal in Greek Lignite: Clarification of the Law or Jumpstarting Article 106 TFEU?* Introduction In October 2012 I wrote an entry about the General Court judgment that annulled the Commission decision in the Greek Lignite-saga, concerning the Greek state-owned electricity company DEI (...)

The Court of Justice revolves around the radius of Commission’s powers and discretion in establishing an infringement of article 106 TFEU read together with article 102 TFEU (Greek Lignite Case)
Gerakini Legal Studio
On 17 July 2014 the Court of Justice of the EU (‘CJEU’) rendered its decision in the Greek Lignite case, which revolves around the radius of Commission’s powers and discretion in establishing an infringement of article 106 TFEU read together with article 102 TFEU. Article 106 is the legal vehicle (...)

The EU Court of Justice clarifies the threshold of competitive distortion required in the application of Articles 102 and 106(1) TFEU to State measures concerned with public undertakings or undertakings with special or exclusive rights (Greek Lignite case)
European Procurement Law Group
CJEU fuels joint application of Arts 102 & 106(1) TFEU to suppress unequal conditions of competition (C-553/12P)* In its Judgment in Commission v DEI, C-553/12 P, EU:C:2014:2083, the CJEU has (further) clarified the threshold of competitive distortion required in the application of Arts (...)

A French Court of Appeal dismisses claims that a compulsory affiliation scheme for supplementary reimbursement of healthcare costs infringes Art. 102 and 106 TFEU (Hurstel-Koenig)
Baker Botts (Brussels)
In three identically worded judgments dated 28 June 2013, the Court of appeal of Colmar (hereinafter the ‘Court of appeal’) dismissed claims that a compulsory affiliation scheme for supplementary reimbursement of healthcare costs amounts to a State measure contrary to Article 102 TFEU read in (...)

The EU Court of Justice entirely dismisses pharmaceutical company’s appeal on abusive patent misuse (AstraZeneca)
Mircea & Partners (Bucharest)
I. Introduction On 6 December 2012, the CJEU issued its judgment in the long-running AstraZeneca litigation. The General Court’s judgment has been upheld in its entirety. The only victorious battle scored by the appellant refers to what type of conduct before the national regulatory authorities (...)

The EU General Court annuls the Commission decision for failing to substantiate the existence of an abuse of dominance on the market for cheap electricity (DEI)
University of Groningen
A Burning Desire to Clarify(?) the Law for Public Undertakings: The Judgment in Greek Lignite (Case T-169/08)* The General Court has finally handed down the judgment in the Greek Lignite (brown coal) case. This is a long-running case resulting from a complaint (dating from 2003) concerning the (...)

The EU General Court annuls a Commission decision concerning the exclusive rights granted by Greece in favour of a company for the extraction of lignite for absence of proof of an abusive conduct (Dimosia Epicheirisi Ilektrismou)
Philippe & Partners (Brussels)
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UCB (Brussels)
I. The Parties Dimosia Epicheirisi Ilektrismou AE (DEI) is the biggest power producer and electricity supplier in Greece. It holds assets in lignite mines, power generation, transmission and distribution. The Hellenic Republic holds 51.12% of its shares. Energeiaki Thessalonikis AE and (...)

The Italian Competition Authority fines under art. 82 TFEU the incumbent gas service supplier for refusing to provide the cities of Rome and Todi with information required to prepare contract notices for the tendering of gas distribution services (Comuni vari - espletamento gare affidamento servizio distribuzione gas)
Macchi di Cellere Gangemi (Rome)
On December 14th, 2011 the Italian Competition Authority (hereinafter, ICA) fined for abuse of dominant position according to art. 102 TFUE one of the main Italian companies providing for gas supply service, by mean of concession contracts, in more than a thousand Italian cities (amongst which (...)

The Italian State Council quashes a decision from the Court of first Instance having annulled an NCA’s decision concerning service of general economic interest and State action defence (COBAT - "Recycling of exhausted batteries”)
Bonelli Erede Pappalardo (Rome)
In its judgment delivered on 2 May 2011, the Italian Last Instance Administrative Court («Consiglio di Stato«), reversed the judgment of the First Instance Administrative Court («TAR Lazio«) on the «recycling of exhausted batteries« case, and upheld the Italian Competition Authority’s («ICA«) (...)

The Serbian Competition Authority prosecutes public company for abuse of dominance on the funeral services market (GGK)
University of Technology (Tallinn)
On 27 January 2011 the Serbian Competition Authority (KZK) has sanctioned the public undertaking JKP Gradska groblja Kragujevac (GGK) for abusing its dominant position on the market for administration of cemeteries in the city of Kragujevac by way of leveraging its market power into the (...)

The Hellenic Competition Commission rejects a complaint against the municipality of Athens for abuse of dominance on the basis that it did not act as an "undertaking" (Georgios Koutros, and General Association of Greek Consumers)
Lambadarios Law Firm
On July 21, 2010 the Hellenic Competition Commission ("Epitropi Antagonismou", hereinafter "HCC") issued a decision on the merits by which it rejected a complaint brought against the Municipality of Athens for alleged abuse of its dominant position in conferring the use of communal areas to (...)

The European Commission accepts commitments offered by Swedish incumbent electricity operator in the electricity transmission market (Svenska Kraftnät)
European Commission - DG COMP (Brussels)
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E.CA Economics (Berlin)
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Agency for the Cooperation of Energy Regulators (ACER) (Slovenia)
"Swedish Interconnector case /Improving electricity cross-border trade"* I. Introduction The size of the transmission network is a key determinant of competition in wholesale electricity markets. The larger this network, the more suppliers inject their electricity and hence compete for (...)

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

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

The European Commission opens proceedings against Swedish electricity transmission system operator concerning limitations on capacity for electricity exports (Svenska Kraftnät)
Van Bael & Bellis (Brussels)
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Practising Law Institute
On 23 April 2009, the Commission issued a press release announcing that it had opened formal proceedings against Svenska Kraftnät (“SvK”), the Swedish electricity transmission system operator, for possible breaches of Article 82 EC. SvK is a State-owned central administrative authority in Sweden (...)

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

The Latvian Competition Council adopts a decision finding an abuse of dominant position in the freeport of Riga management and towing services market (Freeport of Riga Authority)
PwC (Riga)
On March 24, 2009, the Latvian Competition Council (CC) adopted a decision finding an infringement of competition rules by the Freeport of Riga Authority (FRA), which was accused of abusing its dominant position in order to restrict competitor’s commercial activities in the related market. The (...)

The Hellenic Competition Commission finds abusive the behaviour of a trade union benefiting of special and exclusive rights (Association of Merchants of the Central Vegetable Market of Athens and Thessaloniki / Union of Loaders, Unloaders and Carriers of Fresh Products of the Central Vegetable Market of Athens and Thessaloniki)
TM Law Offices
The case concerned a complaint filed in the Hellenic Competition Commission (hereinafter HCC) by the Association of Merchants of the Central Vegetable Market of Athens and the Association of Merchants of the Central Vegetable Market of Thessaloniki, alleging that the Union of Loaders, Unloaders (...)

The Lithuanian Competition Council ends art. 82 EC investigation with another fine being imposed on the State-controlled operator of the national airport for restricting access to the airport facilities (Vilnius Airport - Naftelf)
Lithuanian Competition Council
On 6 November 2008 the Lithuanian Competition Council imposed a fine of LTL 171,000 (approx. EUR 49,525) on the State Enterprise Tarptautinis Vilniaus oro uostas (TVOU) for infringing Article 82 EC and its national equivalent by way of preventing entry to its potential competitor in the (...)

The European Court of Justice issues a preliminary ruling on the organisation of motorcycle events in Greece (MOTOE)
Van Bael & Bellis (Brussels)
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Practising Law Institute
On 1 July 2008, the European Court of Justice issued a preliminary ruling in a case involving a challenge to the activities of ELPA, which has responsibility for organising motorcycle events in Greece and also in entering into sponsorship, advertising and insurance contracts. The Court of (...)

The Macedonian Administrative Court confirms the Competition Authority’s decision prosecuting the incumbent telecom operator for refusing access to its network by independent Internet providers (Macedonian Telecom)
University of Technology (Tallinn)
Summary The Macedonian Administrative Court affirmed the decision of the Macedonian Competition Authority prosecuting the incumbent telecom operator for abuse of dominant position manifested in denial of access to its own ADSL network by independent internet providers, while the same (...)

The European Commission finds that Greece has infringed art. 86(1) in conjunction with art. 82 of the EC Treaty by maintaining the preferential access to lignite in favour of the incumbent Greek electricity provider (PPC)
European Commission - DG COMP (Brussels)
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Chrysses Demetriades & Co. LLC (Limassol)
"The importance of access to fuels for competition in the electricity sector: the case of lignite in Greece"* On 5 March 2008 the Commission adopted a Decision finding that the Hellenic Republic had infringed Article 86(1) in conjunction with Article 82 of the EC Treaty by maintaining the (...)

The Lisbon Court of Commerce quashes the Competition Authority’s first ever abuse of dominant position infringement decision in the underground ducts’ telecom network access case, upheld on appeal (PT Comunicações)
European Court of Justice (Luxembourg)
I. The case, the PCA’s decision and the judgments After receiving complaints from telecom undertakings “TvTel Comunicações” and “Cabovisão”, the Portuguese Competition Authority (hereinafter “PCA”) launched an investigation in 2003 into the allegations that Portugal Telecom Comunicações (hereinafter (...)

The French Competition Council fines the postal incumbent for abuse of dominant position under both national and EC competition provisions (La Poste)
White & Case (Paris)
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French Competition Authority (Paris)
In a decision dated 17 November 2005 (Decision n° 05-D-63), the French Competition Council sanctioned La Poste, the French postal service, for abusing its dominant position and imposed €1 million fine based on both Article L. 420-2 of the French Commercial Code and Article 82 of the EC Treaty. (...)

The UK High Court issues an interim injunction preventing termination of supply pending full trial in an alleged abuse of a dominant position case (Attheraces / British Horseracing Board)
Sanoma
Background This interlocutory judgment sets the scene for a review by the English courts of the European case-law relating to refusals to supply and essential facilities as well as a possible future reference to the European Court of Justice. It concerns the British Horseracing Board (BHB), (...)

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

The EU Court of Justice sets aside the Court of First Instance decision clarifying the role of complainants in Article 86 procedures (T-Mobile Austria, max.mobil case)
Université de Namur
"The Maxmobil Judgment: the Court of Justice clarifies the role of complainants in Article 86 procedures"* On 22 February 2005 the Court of Justice rendered a judgment in case C-141/02 P, Commission against T-Mobile Austria GmbH. The Court sets aside the judgment of the Court of First Instance (...)

The European Commission adopts a decision based on Article 86 regarding certain provisions of Germany’s postal regulatory framework which bar commercial mail preparation firms from earning discounts for handing over presorted letter at incumbent’s sorting centers (Deutche Post. BdKEP)
European Commission - DG COMP (Brussels)
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European Commission - DG COMP (Brussels)
"The BdKEP decision: the application of competition law to the partially liberalised postal sector"* 1. Introduction On 20 October 2004, the Commission adopted a decision based on Article 86 regarding certain provisions of Germany’s postal regulatory framework which bar commercial mail (...)

The Polish Competition Authority prohibits an entrepreneur in dominant position to discriminate between national and foreign entrepreneurs (Regional Board of Management of State Forests in Wroclaw)
French National Research Agency (ANR)
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Orrick, Herrington & Sutcliffe (Washington)
President of the Office of Competition and Consumer Protection (Prezydent Urzedu Ochrony Konkurencji i Konsumentów), May 21st, 2004, Decision n° RWR-22/2004, concerning the practices of the Regional Board of Management of State Forests in Wroclaw (Press release) Decyzja z dnia 21.05.2004r. (...)

The European Commission applies art. 86(3) of the EC Treaty in a decision addressed to France subsequent to a complaint of a trade association representing the majority of the French mail preparation companies (SNELPD)
Université de Namur
"The SNELPD Decision in the light of the previous Article 86(3) Decisions of the Commission"* Article 86(3) of the EEC Treaty entrusts the Commission with a specific surveillance duty ’in the case of public undertakings and undertakings to which Member States grant special or exclusive rights’. (...)

The European Court of First Instance annuls the Commission decision concerning infringements to EC competition law in the betting services of horse-races in France (Ladbroke Racing v. Commission)
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European Commission - DG COMP (Brussels)
"Judgment Of The Court Of First Instance Of 18 September 1995 In Case T-548/93, Ladbroke Racing Ltd V Commission"* On September 18, 1995, the Court of First Instance annulled a Commission decision rejecting the applicant’s complaint under Art. 3 of Council Regulation 17/62 of 6 February 1962 (...)

State Aids

The EU General Court explains that in the field of State aid it is not necessary to define precisely the relevant market in order to determine the existence of an advantage (Club Hotel Loutraki)
College of Europe (Bruges)
ii) Monopolies and the market economy investor principle* Several casinos in Greece appealed against Commission decision SA.33988 which found that an exclusive licence granted to OPAP, the Greek betting undertaking, to operate 35,000 video lottery terminals [exclusive rights 1] and the (...)

The European Commission holds that the granting of exclusive rights may confer an advantage but does not in itself result in transfer of state resources (Jadrolinija Imuna Pharm)
College of Europe (Bruges)
Exclusive Rights* The granting of exclusive rights may confer an advantage but does not in itself result in transfer of state resources. Private undertakings that hold exclusive rights are not utilising state resources by the mere fact that they operate under rights conferred by the state. (...)

The EU General Court refuses to find the Altmark criteria fulfilled and reminds that Member States have discretion to define what they consider as an SGEI but only after having identified market gaps (Zweckverband)
College of Europe (Bruges)
Not Surprisingly, Another Member State Fails to Prove Compliance with the Altmark Criteria* Main points Maintaining capacity that is necessary for the provision of normal services cannot be classified as a service of general economic interest. State aid may not be granted towards the costs (...)

The EU General Court rejects the appeal against a budgetary grant in favour of the state owned television company without providing any further explanation on the matter of inefficient undertakings assigned with PSOs (Télévision française 1)
College of Europe (Bruges)
Article published on Lexxion State Aid Blog Tax Hypothecation and Economic Efficiency under Altmark: T-275/11, French Television 1 v Commission* Background France Télévisions is a limited company wholly owned by the French State. As France abolished advertising on public television, it also (...)

The EU Commission clarifies the relation between Altmark criteria and public procurement rules (SNCM Corse-Méditerranée)
College of Europe (Bruges)
Article published on Lexxion State Aid Blog. Altmark and Public Procurement: Definition and Award of Contracts* Introduction Ever since the Court of Justice ruled on Altmark ten years ago there has been a growing literature on the specific conditions that have to be satisfied so that public (...)

The Irish High Court dismisses claims for the liability of the Irish State for damages regarding an unlawful risk equalisation scheme in the provision of private health insurance by insurers (BUPA, Anor)
Matheson (Dublin)
Background In 2006, the Irish High Court dismissed the claims of BUPA Ireland (“BUPA”) challenging the introduction by the Irish State of a risk equalisation scheme (the “Scheme”) in the provision of private health insurance by insurers in Ireland. The scheme operated based on the concept of (...)

The Lithuanian Supreme Administrative Court holds that an exclusive operator in the field has not been granted any advantage within the meaning of State aid provisions when operating beyond the boundaries of the secure network and rules that the nature and the purpose of products on devices determines whether a monopoly is lawful (TEO LT - Omnitel - Bite Lietuva)
Raidla Lejins & Norcous
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Valiunas Ellex (Vilnius)
Factual background Pursuant to the order of the Minister of Internal Affairs No 1V-167 dated 14 May 2004, the public undertaking Infostruktura was authorised to act as the exclusive operator of the secure data transmission network in Lithuania. Consequently, providers of similar electronic (...)

The Dutch District Court rules that a licensing scheme inspired by consumer protection and crime prevention constitutes an objective justification under the existing State aid rules (Stichting Nationale Sporttotalisator - Lotto)
Hogan Lovells (Amsterdam)
Factual Background In 2005, the complainant applied to the Minister of Justice for a licence to act as an intermediary in the marketing and distribution of lottery tickets in the Netherlands. This application was rejected by the Minister on the basis of the Dutch Act on Games of Chance (Wet op (...)

The European Commission decides that a French bank had benefited from an overcompensation by the French State for its operation of savings account system (Crédit Mutuel, Livret Bleu)
European Commission - DG EAC
"Crédit Mutuel – Livret Bleu: Making sure that public services benefit consumers and not intermediaries"* Introduction On 15 January 2002, the Commission decided that Crédit Mutuel had benefited from an overcompensation by the French State, of the costs for operating the Livret Bleu system. (...)

The European Commission approves public funding of two German public special interest channels (Kinderkanal, Phoenix)
European Commission - DG COMP (Brussels)
"Germany – Commission approves public funding of two public special interest channels"* The Commission has approved on 24 February 1999 the financing from state resources of the two German public special interest channels “Kinderkanal” and “Phoenix”. Further to a complaint, the Commission found (...)

Regulations

The French Criminal Supreme Court rules that State authorized monopoly on horse betting is not an illegal anticompetitive practice (Gambling monopoly)
Université Aix-Marseille
Crime, State and free competition One may argue that most illegal activities conducted by criminal organization are mainly infringements over the monopoly of the State. Private Justice, illegal gambling, racketeering and drug-trafficking are behaviors that more or less mimic states practices (...)

The French Criminal Supreme Court rules that State authorized monopoly on horse betting is not an illegal anticompetitive practice (Gambling monopoly)
Université Aix-Marseille
Crime, State and free competition One may argue that most illegal activities conducted by criminal organization are mainly infringements over the monopoly of the State. Private Justice, illegal gambling, racketeering and drug-trafficking are behaviors that more or less mimic states practices (...)

The French Criminal Supreme Court rules that State authorized monopoly on horse betting is not an illegal anticompetitive practice (Gambling monopoly)
Université Aix-Marseille
Crime, State and free competition One may argue that most illegal activities conducted by criminal organization are mainly infringements over the monopoly of the State. Private Justice, illegal gambling, racketeering and drug-trafficking are behaviors that more or less mimic states practices (...)

The French Competition Authority issues an opinion pointing out some competition concerns in the newly opened online gambling markets (Opinion on online gambling)
French Competition Authority (Paris)
In an opinion issued seven months after the law entered into force, the French Competition Authority pointed out that some practices could give rise to anticompetitive issues: the betting right agreements signed between operators and sport event organizers should be regulated to ensure a fair (...)

The Italian First administrative Court annulls an NCA’s infringement decision by applying the State action defence doctrine (Recycling of exhausted batteries)
Bonelli Erede Pappalardo (Rome)
By its judgment delivered on 9 March 2010, the Italian First Instance Administrative Court (“Tar Lazio”) annulled the Italian Competition Authority’s (“ICA”) infringement decision in the “Recycling of exhausted batteries” case, stating that COBAT (the Italian consortium for the collection and (...)

An Italian regional administrative Court finds the provisions of two ports regulation on self-handling of port operations unlawful and annuls refusal to authorize such services based on these provisions (Forship / Port Authority of Olbia and Golfo Aranci)
Desogus Law Office (Cagliari)
The regional administrative court of Sardinia (Tar Sardinia) has adjudicated on the provision of the regulation adopted by Port Authority of Olbia and Golfo Aranci or PAOGA in 2007 (the regulation) regarding the requirements to provide port operations at the ports of Olbia and Golfo Aranci in (...)

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

The Danish competition authority finds that a Danish act on raw material has anti-competitive effects and calls for modifications
McDermott Will & Emery (Brussels)
Danish Competition Authority, Konkurrencebegrænsende virkninger af råstoflovens §§ 19 og 20, 22 June 2005 In November 2004 the Danish Competition Authority received a complaint in relation to the administration of the provisions in Articles 19 and 20 of the Danish Act on Raw Material. The (...)

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

The French Competition Authority issues an opinion on the conditions in which a basic banking service might be set up (Confédération de la Consommation du Logement et du Cadre de Vie)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Universal banking service and competition rules: The Conseil de la concurrence issues its opinion at the request of the CLCV.* The Conseil received a referral from the Confédération de la Consommation du (...)

The French Competition Authority issues an opinion on the telecommunication incumbent’s standard "Département innovant" convention (France Télécom)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Conseil de la concurrence delivers the opinion the ART requested on France Télécom’s standard "Département Innovant" convention.* Following a referral by the Autorité de Régulation des Télécommunications (ART, (...)

The French Competition Authority delivers a favourable opinion concerning the draft decree on the sale of broadcasting rights for sporting competitions (Minister of Economy)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Conseil de la concurrence delivers a favourable opinion concerning the draft decree on the sale of broadcasting rights for sporting competitions.* Asked by the Minister of Economy to issue an opinion on a (...)

The Council of the EU, the Parliament and the Commission adopt new directives for the liberalization of telecommunications markets (Directives 95/62/EC and 96/19/EC amending Directive 90/388/EEC)
Université de Namur
"Telecoms sector soon fully open to competition : the central role of the European Commission"* With the adoption, at the end of December 1995, of Parliament and Council Directive 95/62/EC on the application of ONP to voice telephony and, on March 13 1996, of Commission Directive 96/19/EC (...)

Public sector

The EU Court of Justice declares that a scheme of compulsory minimum tariffs for certification services addressed to tenderers in a public procurement procedure is not illegal per se under the EU competition and free movement rules (SOA Nazionale Costruttori)
European Procurement Law Group
CJEU rubber stamps Italian minimum tariffs for certification in public procurement, subject to proportionality (C-327/12)* In its Judgment of 12 December 2013 in case C-327/12 Soa Nazionale Costruttori, the Court of Justice of the EU has followed rather closely AG Cruz Villalon’s Opinion (...)

The AG Villalón of the CJEU finds that a tariff calculation formula that automatically multiplies the rate payable for the certification activities according to the number of tenders is precluded by EU law (SOA Nazionale Costruttori)
European Procurement Law Group
AG Cruz Villalon opposes Italian minimum #tariffs for #public procurement #certification (C-327/12)* In his Opinion of 5 September 2013 in case C-327/12 Soa Nazionale Costruttori (not available in English), AG Cruz Villalon analyses the compatibility with EU free movement (ie freedom of (...)

The Spanish Competition Authority monitors the competition conditions of the tenders in the market for regular bus transport service
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Compass Lexecon (Madrid)
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Compass Lexecon (Brussels)
On September 2nd, 2008, the National Competition Commission (Comisión Nacional de la Competencia, hereinafter "CNC"), published a report analysing the provision of intercity transport by bus in Spain. This study was carried out in response to the need for market analysis detected when assessing (...)

A Dutch Court considers that municipalities should be regarded as economic entities when they grant exclusive rights for outdoor advertising (KPN/JC Decaux)
European Commission - DG HR
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European Court of Justice (Luxembourg)
KPN is an undertaking which provides telecommunication services within the Netherlands. According to the Dutch Telecommunications Act, KPN had to ensure the availability of at least one public pay telephone in every residential dwelling zone of more than 5000 inhabitants. As KPN wished to (...)

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