Insurance

Anticompetitive practices

Insurance services and competition law: An overview of EU and national case law
Clifford Chance (London)
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Clifford Chance (London)
I. Introduction This special issue of the e-Competitions bulletin provides an overview of selected national case law from EU Member States relating to insurance services, a sector in which competition law must be applied with an enhanced degree of sensitivity. In particular, as recognised in (...)

The Pakistani Competition Authority issues a policy note to the Federal Government recommending to amend the insurance ordinance that currently prevents competition in the non-life insurance market
Competition Commission of Pakistan
CCP issues policy note to govt to withdraw nicl’s monopoly over insurance of public property* The Competition Commission of Pakistan (CCP) has issued a Policy Note to the Federal Government recommending it to amend Section 166 of the Insurance Ordinance, 2000, which currently prevents (...)

The Italian Competition Authority imposes fines totalling € 13 000 000 for collusive behaviour in public procurement in heathcare services (Healthcare liability coverage)
European Commission
Italy: Insurance Companies fined for collusive Behaviour in Public Procurement in Healthcare Services in Campania* On 28 September 2011, the ICA decided to fine three insurance companies and a multifirm insurance agency representing the insurance companies in tendering selections for a (...)

The European Commission releases final report on business insurance sector inquiry
Linklaters (London)
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Covington & Burling (Brussels)
The European Commission (the " Commission") yesterday released its final report into the provision of insurance products and services to businesses in the EU (the " Report"). The Business Insurance Sector Inquiry (the " Inquiry") was launched in June 2005 in parallel with the Retail Banking (...)

The EC publishes its final report on the effectiveness of competition in the commercial insurance sector
Winston & Strawn (London)
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Akin Gump Strauss Hauer & Feld (Washington)
On 25 September 2007 the European Commission (“Commission”) published its final Report on the effectiveness of competition in commercial insurance in the EU . The Report follows the publication of an interim report at the beginning of 2007, and a substantial two-year investigation during which (...)

The European Commission seeks comments on interim report concerning sector inquiry into business insurance
European Commission - DG COMP
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European Commission - DG COMP
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European Commission - DG COMP
"Sector Inquiry into Business Insurance - Commission seeks comments on Interim Report"* On 24 January 2007, the European Commission published the Interim Report on Business Insurance, which presents the preliminary findings of the Sector Inquiry in June 2005. As pointed out by Commissioner (...)

The Belgian Competition Council conditionally cleared an acquisition in the funeral insurance market subject to non-discrimination and other behavioural remedies (Dela Holding/Sophia Group/Waterland Equity Fund/BVBA)
Freshfields Bruckhaus Deringer (Hong Kong)
By the operation cleared by the Belgian Competition Council in phase I (extended at the request of the parties) on 10 June 2005, N.V. Dela Holding, active in the funeral insurance and related services sector, acquires N.V. Sophia Group, a Belgian company that runs funeral homes in Belgium. The (...)

The Chinese State Administration for Industry & Commerce fines insurance companies for market sharing (Insurance companies case)
University of Melbourne
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China Competition Bulletin (Beijing)
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Hogan Lovells (Beijing)
Recently, the SAIC published the decisions of its local offices in Hubei and Jiangxi relating to market sharing agreements by insurance companies. Both decisions involved coinsurance arrangements relating to accidental injury insurance for the construction industry. Hubei The Hubei (...)

The Croatian Competition Authority concludes that an association of insurers and its members did not breach competition law when deciding to temporarily revoke the power of one member to issue motor insurance certificates (Croatian Insurance Bureau / Generali Insurance)
Croatian Competition Agency
Association of insurers and insurance companies did not breach competition law* In the proceedings the Croatian Competition Agency carried out against the association of insurance companies and 12 undertakings who are its members no evidence was found that the decision to revoke the power of (...)

The Indian Competition Commission decides on whether public sector enterprises constitute a single economic entity (National Insurance, New India Assurance, Oriental Insurance and United India Insurance)
Vinod Dhall and Talwar Thakore & Associates
Insurance cartel* The CCI recently issued an order imposing a penalty of USD 105.7 million (approx.) on 4 public sector (owned by the Government of India) insurance companies for indulging in bid rigging. The case was initiated by the CCI on its own motion based on an anonymous letter alleging (...)

The Italian Competition Authority imposes a fine for anticompetitive agreement to two of the most important Italian companies in the insurance industry (Generali Italia / UnipolSai Assicurazioni)
University of London - School of Economics Birkbeck College
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University Tor Vergata
On the 30th of March 2015 the Italian Competition Authority (the “Authority”) imposed a fine to Generali Italia S.p.A. (“Generali”) and UnipolSai Assicurazioni S.p.A. (“UnipolSai”) for an anticompetitive agreement that was entered into against companies that were in charge of public transport (...)

The UK Competition and Markets Authority issues its report wherein measures are proposed to increase competition in the private motor insurance market
UK Competition and Markets Authority (CMA) (London)
The CMA has today published measures it expects to increase competition in the car insurance market and reduce the cost of premiums for drivers.* The measures are included in the final report of its investigation, conducted by an independent panel of members, into the private motor insurance (...)

The Chinese NDRC fines the undertakings participating in two cartels in the car insurance and automotive component sectors and publishes its decisions (Zhejiang car insurance cartel and Automotive component suppliers’ cartel)
Norton Rose Fulbright (Brussels)
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J.P. Morgan
1. Introduction The Chinese National Development and Reform Commission (NDRC) has recently stepped up its cartel enforcement activities and for the first time has published non-confidential versions of a number of its cartel decisions. With its new activism and openness in regards to its (...)

The Chinese NDRC imposes fines for price fixing and for the first time, publishes its decisions (Zhejiang Car Insurance Cartel)
AnJie Law (Beijing)
Better Late Than Never: NDRC Publishes Full Decisions on Zhejiang Car Insurance Cartel Case - Analysis of NDRC’s Antitrust Law Enforcement Approach* Introduction Less than 2 weeks after the record fine (USD 200 million) in the Japanese Auto Parts and Bearing Manufacturers case that shocked the (...)

The Russian Competition Authority confirms the payment of the fine inflicted to an insurance company having implemented an anticompetitive agreement (VSK)
Russian Federal Antimonopoly Service
An insurance company transferred over 4 million RUB of unlawfully gained income to the budget* The Office of the Federal Antimonopoly Service in the Tver region (Tver OFAS Russia) received a confirmation from “VSK” Insurance OJSC on executing a determination on the case on an unlawful agreement (...)

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
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 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 Australian Competition and Consumer Commission proposes to authorise collective bargaining arrangements advanced by a number of specific suppliers of wagering services, energy services and insurance (Clubs Australia)
Australian Competition and Consumer Commission
ACCC proposes to authorise Clubs Australia’s collective bargaining arrangements* The Australian Competition and Consumer Commission proposes to authorise collective bargaining arrangements put forward by Clubs Australia for five years. Clubs Australia, representing 6,500 licensed clubs across (...)

The German Competition Authority concludes a cartel administrative proceeding against an ophthalmologists cooperative and a health insurance fund (Augenärztegenossenschaft Brandenburg / AOK Nordost)
German Competition Authority (Bonn)
Bundeskartellamt opens up competition among ophthalmologists from different federal states in Germany* The Bundeskartellamt has concluded a cartel administrative proceeding against the Brandenburg ophthalmologists cooperative "Augenärztegenossenschaft Brandenburg" and the health insurance fund (...)

The Italian Competition Authority opens an investigation against 8 insurance companies, for breach of Art. 101 TFEU (Unipol Assicurazioni...)
Bonelli Erede (Rome)
By its decision of 5 June 2013, the Italian Competition Authority (‘ICA’ or ‘Authority’) initiated an investigation against eight of the biggest insurance companies active in Italy, in order to verify if in the vertical agreement between each insurance company and its agents (‘agency contracts’), (...)

The Competition Authority of Bosnia & Herzegovina prosecutes healthcare administration for limiting competition in the regional market for medicines reimbursed under state health insurance system (Health Insurance Office of the Republic of Srpska)
University of Technology (Tallinn)
On 18 April 2013 the Competition Authority of Bosnia & Herzegovina (KV) established that the Health Insurance Office of the Republic of Srpska (the Office) by adopting mandatory minimum wage requirements applied to the pharmacies participating in the reimbursement of medicines supplied to (...)

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

The EU Court of Justice hands down preliminary ruling on circumstances in which agreements concerning the price of automotive repairs concluded between insurance companies and repair shops may have an anti-competitive object (Allianz, Generali)
Van Bael & Bellis (Brussels)
On 14 March 2013, the Court of Justice of the European Union (“ECJ”) handed down a judgment on a reference for a preliminary ruling from the Hungarian Supreme Court on the application of Article 101 TFEU to certain agreements between insurance companies and car repair shops. Once a (...)

The EU Court of Justice reaffirms the distinction between the anticompetitive effect-object of an agreement caught under the prohibition in Article 101(1) TFEU without setting out clearer terms of demarcation between the two disjunctive conditions (Allianz)
University of South Australia
Flatline* I recently had the opportunity to sift through the recent case-law of the Court. The CJEU ruling in Allianz Hungary, C-32/11 stands out. Our Lords again blurred the object/effect distinction. The Court held that “object” restrictions can be established by proof of anticompetitive (...)

The EU Court of Justice rules on the dichotomy between anticompetitive object-effect with respect to bilateral arrangements between car dealers and insurance companies (Allianz)
University of Groningen
Allianz and the Object-Effect Dichotomy in Article 101(1) TFEU: A Practical Solution Meets Not So Practical Competition Law* Two separate insurance companies Allianz and Generali concluded a number of contracts with autorepair shops on the prices and other conditions that would apply for cars (...)

The Italian Supreme Court reaffirms the principle that infringement decisions of the Competition Authority constitute “privileged evidence” in follow on compensation claims (Private motor insurance cartel)
Simmons & Simmons (Milano)
On 04 March 2013, an order of the Corte di Cassazione - the Italian Supreme Court - reaffirmed the principle that infringement decisions of the Italian Competition Authority (ICA) constitute “privileged evidence” in follow on compensation claims. This order is related, yet again, to disputes (...)

The French Competition Authority concludes to an absence of infringement of competition rules following a complaint by several actors of the ophthalmic sector (Kalivia)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Kalivia was not in breach of competition rules when it set up its network of authorised opticians*. The Autorité de la Concurrence was informed by a professional body of opticians (the SynOpE) and two (...)

The German Federal Constitutional Court decides that the statutory imposition of interest on cartel fines is consistent with the national constitutional law
German Competition Authority (Bonn)
Bundeskartellamt welcomes decision of Federal Constitutional Court on interest charged on cartel fines* In its ruling of 19 December, 2012, which was made public today, the First Senate of the Federal Constitutional Court decided that the statutory imposition of interest on cartel fines is (...)

The Chinese Competition Authorities impose fines on insurance association and member companies for price monopoly (Loudi Insurance Association, Renbao, Ping’an, Tian’an, Taipingyang, Zhonghua Lianhe, Dubang)
University of Political Science & Law of China
I. Introduction On December 28, 2012, the Price Bureau of Hunan Province in China announced its decision to levy a fine totaling ¥2.19 million on an insurance association and six of its members for anti-competitive practices in the local auto insurance market. With no appeal made for (...)

The German Constitutional Court confirms legality of obligation to pay interest for the period of an unsuccessful appeal against a cartel decision (Zinsverpflichtung)
Mayer Brown (Brussels)
In its judgment of 19 December 2012, the German Constitutional Court held that the obligation to pay interest requested by a penalty notice of the German Federal Cartel Office ("FCO") against legal persons or associations pursuant to Sect. 81(6) Act Against Restraints of Competition ("ARC") (...)

The Irish Competition Authority issues a guidance note setting out its view concerning preferred repairer arrangements in the insurance market
Irish Competition Authority
Competition Authority guidance on preferred repairers in the insurance market* The Competition Authority regularly receives complaints about ‘preferred repairer’ arrangements in the insurance market. We have assessed these arrangements from a competition perspective and published a guidance note (...)

The Irish Competition Authority issues guidance note on preferred repairer arrangements in the insurance sector
Queen’s University Belfast
In December 2012, the Irish Competition Authority (ICA) issued a Guidance Note on Preferred Repairer Arrangements in the Insurance Sector. As broadly defined by the ICA, these arrangements are arrangements that insurance companies enter into with service providers to provide repair, restoration (...)

The Spanish Court of appeal for antitrust cases annuls the NCA’s fine of €120 M imposed on eight insurance companies allegedly involved in a price fixing cartel (Caser, Scor, Múnchener)
Jones Day (Madrid)
Spain’s Audiencia Nacional, the court of appeal for antitrust cases, has annulled the Spanish Competition Commission’s ("SCC") fine of €120 million (US$160 million), the highest fines to date, imposed on eight insurance companies allegedly involved in a price fixing cartel in Spain. It is unusual (...)

The Danish Competition and Consumer Authority publishes a report on mobile phone subscribers and insurance customers’ switching of service providers
European Commission
Denmark: Non-transparent Markets make Switch of Service Providers difficult* On 22 November 2012, the Danish Competition and Consumer Authority (DCCA) published a report on mobile phone subscribers and insurance customers’ switching of service providers. The main conclusions are: • Every (...)

The Competition Authority of the Republic Serbia has exempted for a period of three years two insurance companies from the prohibition on restrictive agreements (Dunav osiguranje, Delta Generali osiguranje)
Kinstellar (Belgrade)
On 8 November 2012 the Commission for the Protection of Competition of the Republic of Serbia (the “Competition Authority”) issued a decision exempting two Serbian insurance companies, Dunav osiguranje a.d.o. Beograd (“Dunav”) and Delta Generali osiguranje Beograd (“Delta”), from the ban on engaging (...)

The Italian Competition Authority opens formal proceedings against four insurance companies for alleged bid-rigging (Assicurazioni Generali, INA Assitalia, Unipol Assicurazioni and Fondiaria)
European Commission
Italy: The Competition Authority opens Formal Proceedings against four Insurance Companies for alleged Bid-Rigging* At the end of November 2012, the Italian competition authority (ICA) conducted inspections at the headquarters of four insurance companies on suspicion of possible (...)

The ECJ Advocate General Cruz Villalón delivers his opinion concerning the interpretation of Article 101(1) TFEU in relation to a purely internal situation (Allianz Hungária Biztosító)
Mircea & Partners (Bucharest)
I. Introduction From the reference for preliminary ruling it follows unmistakably that the proceedings before the referring Court concern an infringement of the national competition law and that Article 101 TFEU is only circuitously contemplated. According to AG Cruz Villalón the reference to (...)

The Lithuanian Supreme Administrative Court upholds NCA’s decision on anticompetitive agreements in the orthopaedic products sector (Idemus, Ortopagalba, Ortopedijos centras)
European Commission
Lithuania: The Supreme Administrative Court upholds Competition Authority’s Decision in Orthopaedic Products Case* On 17 May 2012, the Supreme Administrative Court of Lithuania (the Supreme Court) definitively upheld the decision of the Competition Council of the Republic of Lithuania (CC) of (...)

The Lithuanian Supreme Administrative Court confirms that a co-insurance pool agreement had the effect of restricting competition and upholds the decision of the NCA to impose fines (AB Lietuvos draudimas, UAB DK PZU Lietuva)
Competition Council of Latvia
On 20 April, 2012 the Lithuanian Supreme Administrative Court (the "Court") rejected the appeals brought by two insurance companies - AB Lietuvos draudimasandUAB DK PZU Lietuva- against the Competition Council’s infringement decision (the "Decision") finding them guilty of having entered into a (...)

The Lithuanian Supreme Administrative Court upholds Competition Authority’s decision on an agreement in the insurance sector (Lietuvos draudimas, DK PZU Lietuva)
European Commission
Lithuania: The Supreme Administrative Court upholds Competition Authority’s Decision in Insurance Case* On 20 April 2012, the Supreme Administrative Court of Lithuania (the Supreme Court) definitively upheld the decision of the Competition Council of the Republic of Lithuania (CC) of 23 (...)

A New York Court of Appeals holds that state law cannot reach a purely foreign antitrust conspiracy (Global Reinsurance v. Equitas)
White & Case (New York)
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White & Case (New York)
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White & Case (New York)
In a decision that may reverberate beyond the antitrust context, New York’s highest court - the Court of Appeals - held that the state’s antitrust statute lacks the extraterritorial scope to reach a purely foreign alleged antitrust conspiracy. The decision could have broad implications for (...)

The Serbian Competition Authority sanctions the association of insurers and its members for anti-competitive practices in the market for "casco" auto insurance (Serbian Association of Insurers)
University of Technology (Tallinn)
On 23 December 2011 the Serbian Competition Authority (KZK) imposed fines on the Serbian Association of Insurers (UOS) and its ten member insurance companies for the adoption and adherence to the UOS’s decision regulating the Casco auto insurance services. The fine for the adoption of the UOS’s (...)

The US Supreme Court denies petition to review alleged antitrust conspiracy case in the health care sector (UPMC / West Penn Allegheny Health System)
Wolters Kluwer (Riverwoods)
Antitrust Decision from Supreme Court Unlikely During Current Term* It is beginning to look like the U.S. Supreme Court will not be taking up any antitrust cases in the current term. Last week, the Court denied six petitions for review in antitrust-related matters. Just yesterday, the Court (...)

The Italian Competition Authority fines three companies and a multi-firm agent for concerted practices in the healthcare insurance sector (Campanian insurance tenders)
Cleary Gottlieb Steen & Hamilton (Rome)
On September 28th, 2011 the Italian Competition Authority (hereinafter ICA) sanctioned with a total fine of EUR 13.583.515 three insurance companies and a multi-firm agent for concerted practices in the healthcare insurance sector. Object of the proceeding, whose investigation activity started (...)

A US federal court explains its denial of motion to dismiss in Most Favored Nation -MFN- clauses decision in the health care industry (Blue Cross Blue Shield of Michigan)
Wolters Kluwer (Riverwoods)
Federal/State Antitrust Suit Against Blue Cross Blue Shield of Michigan Can Proceed* Last week, the federal district court in Detroit denied Blue Cross Blue Shield of Michigan’s motion to dismiss a federal/state antitrust action challenging the health insurer’s use of most favored nation (MFN) (...)

The Bulgarian Commission for the Protection of Competition adopts a decision for block exemption of certain categories of agreements from the prohibition under Art. 15 LPC
European Commission
Bulgaria: The Commission for the Protection of Competition (CPC) adopts a Decision for Block Exemption of certain Categories of Agreements from the Prohibition under Article 15 LPC* On 20 January 2011, the CPC adopted a Decision block exempting certain categories of agreements, decisions or (...)

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)
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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 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 Italian Last Instance Administrative Court confirms the legitimacy of the Competition Authority’s decision, quashed by the Court of First Instance, according to which the exchange of commercial information which are not “genuinely public” are, per se, anticompetitive (IAMA)
Bonelli Erede (Rome)
In its judgment delivered on 29 December 2010, the Italian Last Instance Administrative Court (“Consiglio di Stato”), reversed the judgment of the First Instance Administrative Court (“TAR Lazio”) on the “IAMA” case, and confirmed the restrictive approach taken by the Italian Competition Authority (...)

The Lithuanian Competition Council imposes fines totalling € 153 817 on two insurance companies for the conclusion of a prohibited agreement (Lietuvos draudimas, DK PZU Lietuva)
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 US DoJ challenges "most favoured nations" clauses in the healthcare sector, analyzing their anticompetitive effects under section 1 of the Sherman Act (Blue Cross Blue Shield of Michigan)
Richard Wolfram, Esq. (New York)
‘Most Favored Nations’ (MFN) Clauses under the Spotlight: U.S. v. Blue Cross Blue Shield of Michigan — When Might Otherwise Competitively Neutral or Procompetitive MFN Clauses Violate the Antitrust Laws?* On October 18, 2010, the U.S. Department of Justice and the State of Michigan sued Blue (...)

The US DoJ and the State of Michigan file a complaint against health insurance provider alleging that its most favored nation clauses violate section 1 of the Sherman Act (Blue Cross Blue Shield of Michigan)
Wolters Kluwer (Riverwoods)
Health Insurer Sued over Most Favored Nation Clauses* It has been more than a decade since the U.S. Justice Department has brought an antitrust challenge to enjoin the use of “most favored nation” clauses in the health care industry. Many of the more recent, civil non-merger actions against (...)

The US DoJ targets so-called “most favored nation” - MFN - agreements in the health care industry (Blue Cross Blue Shield of Michigan - BCBSM)
Gibson Dunn (New York)
U.S. Dep’t of Justice Targets MFN Agreements* The U.S. Department of Justice (DOJ) is seeking to curb the use of so-called “most favored nation” (MFN) agreements — a common business practice that the DOJ believes can sometimes result in anticompetitive effects when entered into by a dominant (...)

The Romanian Competition Council fines for client sharing agreements 14 administrators of mandatory pensions funds, applying for the first time both Art. 101(1) TFUE and national mirror provision (Pension Funds administrators case)
Peli Filip
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Peli Filip
On 16 September 2010 the Romanian Competition Council (the “Council”) published Decision n° 39/07.09.2010 sanctioning almost all the players in the Romanian market for private administration of mandatory pensions funds (14 out of 18 players active on the market) for a client sharing cartel (the (...)

The UK Competition Commission adopts provisional decision on retail payment protection insurance remedies (PPI market investigation)
EFTA Surveillance Authority
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 EC adopts a new Block Exemption Regulation for the insurance sector
Winston & Strawn (London)
On 24 March 2010, the European Commission (Commission) adopted a new Block Exemption Regulation (new BER) for the insurance sector. This exempts certain agreements from the EU-wide ban on anticompetitive practices contained in Article 101 Treaty on the Functioning of the European Union (TFEU) (...)

The European Commission adopts a new block exemption regulation for the insurance sector
European Commission - DG COMP
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European Commission - DG COMP
"The New Block Exemption Regulation for the Insurance Sector"* A block exemption regulation (BER) allows market players the benefit of a safe harbour from the prohibition on anti-competitive agreements, decisions and concerted practices laid down in Article 101(1) of the Treaty on the (...)

The European Commission adopts new and streamlined insurance block exemption
Morgan Lewis (London)
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Jones Day (London)
The European Commission has today adopted a new Insurance Block Exemption («New IBER»), exempting certain categories of cooperation in the insurance sector from the prohibition against anticompetitive cooperation contained in Article 101(1) of the Treaty on the Functioning of the EU («TFEU»). It (...)

The China’s Banking Regulatory Commission (CBRC) issues pilot administrative measures for commercial banks to make equity investment in insurance companies
AnJie Law (Beijing)
A Look At the New Rule On Financial Integrated Operation: From the Perspective of Competition Law* On November 26, 2009, China’s Banking Regulatory Commission (CBRC) issued the Pilot Administrative Measures for Commercial Banks to Make Equity Investment in Insurance Companies (the “Measures”). (...)

The Spanish Competition Authority imposes over € 120 M fines to insurance companies charged of price-fixing in decennial insurance for new buildings (Compañías de Seguro Decenal)
Barros Letelier & Gonzales
On 12th November 2009, the Spanish NCA (Consejo de la Comisión Nacional de la Competencia – CNC Council) fined Asefa, Caser, Mapfre Empresas, Mapfre Re, Scor, Switzerland, Swiss Re and Munchener, for participating in an agreement and concerted practices aiming at setting minimum prices of (...)

The Spanish Competition Authority imposes € 120 728 000 fines on insurance companies cartel for price fixing (Insurance Cartel)
European Commission
Spain: La Comisión Nacional de La Competencia (CNC) imposes € 120 728 000 in Fines on Insurance Companies’ Cartel On 12 November 2009, the CNC Council has fined Asefa, Mapfre Empresas/Mapfre Re, Caser, Switzerland/Swiss Re, Scor and Münchener for a cartel agreement to set minimum prices for (...)

The Spanish competition authority imposes the highest fine ever on several insurance companies (Asefa, Mapfre, Caser, Munich Re, Swiss Re and Scor)
European Court of Justice (Luxembourg)
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Garrigues
On 12 November 2009, the Spanish competition authority (Comisión Nacional de la Competencia, hereinafter the "CNC") imposed a total fine of €121 million on three Spanish insurance companies (Asefa, Mapfre and Caser) and some of the leading global reinsurers, (Munich Re, Swiss Re and Scor) for a (...)

A US District Court finds sufficient ground for a claim on alleged illegal secret rebates, kickbacks and commissions, though it rejects the claim on collusive conduct on the market for sales of title insurance (California Title Insurance)
Sheppard Mullin (Los Angeles)
Strike Three: Plaintiffs Again Fail to Allege Facts of Collusion in Oligopoly Market* Rather than being "plus factors," allegations of interdependent industry structure simply demonstrate that the challenged conduct of defendant title insurers was as consistent with competition as with (...)

The Serbian Competition Authority advises the Government to amend regulation of the insurance services in order to preserve competition among insurers (Regulation of the insurance services sector)
University of Technology (Tallinn)
On 5 November 2009 the Serbian Competition Authority (KZK) issued an ex officio opinion regarding new regulation of the insurance sector brought about by the Law on Obligatory Insurance , which entered into force on 12/10/2009. KZK was of the opinion that new law substantially restricted (...)

The Serbian Competition Authority annulls the decision of the Serbian Association of Insurers setting the minimum premium rates for motor vehicle liability insurance (Serbian Association of Insurers)
University of Technology (Tallinn)
On 21 October 2009 Serbian Competition Authority (KZK) following an ex officio investigation annulled a decision of the Serbian Association of Insurers (UOS) setting minimum premium rates for motor vehicle liability insurance as anticompetitive agreement prohibited by the relevant provisions of (...)

The French Competition Authority issues an opinion on the sector of borrower’s insurance for housing loan
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence is in favour of the separation of the housing loan offer and the insurance offer. It considers that it is necessary to guarantee the information provided to consumers and to (...)

The French Competition Authority issues an opinion on the effects of competition on the development of approved healthcare networks
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence stipulates the conditions under which the development of networks of approved health professions can be favorable to competition and in the interests of patients.* After a (...)

The Dusseldorf Court of Appeal may not rule on the appeals against the NCA’s decision having fined € 150 M industrial property insurance undertakings, following withdrawal of appeals by three industrial insurers ("Pilot proceedings " - HDI, AXA Versi)
Mutze Korsch Rechtsanwaltsgesellschaft
Background All parties involved in the so called “pilot proceeding” before the Dusseldorf Court of Appeal started in March 2009 (HDI Haftpflichtverband der Deutschen Industrie V.a.G., AXA Versicherung AG and Gothaer Allgemeine Versicherung AG) have withdrawn their appeals against the FCO’s (...)

The Serbian Competition Authority annuls the decision of the Serbian Association of Insurers regulating the terms of the Casco auto insurance services (Serbian Association of Insurers)
University of Technology (Tallinn)
On 5 June 2008 the Administrative Council of the Serbian Association of Insurers (Udruženje osiguravača Srbije) (UOS) on the basis of the preceding opinion of its Commission for Motor Vehicles (Komisija za motorna vozila) adopted a decision regulating the Casco auto insurance services provided by (...)

The Danish Competition Council grants an individual exemption for a horizontal cooperation between 27 small and medium-sized car insurance companies (Taksatorringens vedtægter)
Kromann Reumert (Copenhagen)
The Danish Competition Council exempted horizontal cooperation between 27 small and medium-sized motor vehicle insurance companies for the third time in a row. The cooperation consisted of a jointly established association of insurance appraisers (taksatorringen) that: (1) assess motor vehicle (...)

The Moldovan Competition Authority finds the existence of cartel on the market for international motor insurance (Green Card)
University of Technology (Tallinn)
The Moldovan Competition Authority found the existence of a cartel on the market for international motor insurance “Green Card” composed of five insurance companies Asito, Moldasig, Moldova Astrovaz, and Grawe Carat Asigurãri who fixed the prices for the Green Card insurance policies. On 3 March (...)

The French Competition Authority fines several professional associations of dental surgeons for practices of boycott (Conseil national de l’Ordre des chirurgiens-dentistes)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Conseil de la concurrence fines the National Board of the French Dental Surgeons Association (Conseil national de l’Ordre des chirurgiens-dentistes) and several of its regional boards for encouraging dental (...)

The Bulgarian Supreme Administrative Court upholds a NCA decision evoking Art. 81.1 and 3 EC for the first time (Association of the Bulgarian insurance companies and Others - “Civil liability insurance for car drivers”)
Kinstellar (Sofia)
Parts of this article feature in another publication of the author on the same matter for e-Competition. See : Dessislava Fessenko, The Bulgarian competition authority applies for the first time Art. 81.1 EC and sanctions 14 insurance companies for fixing minimum levels (Association of the (...)

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 Federal Court of Justice upholds the judgment of the Düsseldorf Higher Regional Court rejecting the Federal Cartel Office’s definition of the relevant market for professional indemnity insurance (Versicherungsstelle Wiesbaden)
University of Münster
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University of Münster
1. The «Versicherungsstelle Wiesbaden» is a co-insurance pool offering professional indemnity insurance to public accountants, accounting firms and mutual auditing associations (below: accountants). It is jointly operated by four major private insurance companies (Allianz, AXA, R+V and (...)

The Bulgarian Competition Authority applies for the first time Art. 81.1 EC and sanctions 14 insurance companies for fixing minimum levels (Association of the Bulgarian insurance companies)
Kinstellar (Sofia)
On 15 July 2008, the Bulgarian Commission for Protection of Competition (the “CPC”) sanctioned 14 insurance companies for fixing minimum levels of the premium for the compulsory Civil Liability insurance for car drivers (“Civil Liability insurance”) and of the commission paid to insurance brokers (...)

The European Commission consults on the insurance block exemption regulation
Van Bael & Bellis (Brussels)
On 17 April 2008, the European Commission published a consultation paper on the functioning of the Insurance Block Exemption Regulation. The Commission originally adopted a Block Exemption Regulation covering the insurance sector in 1992. When the 1992 Regulation expired in 2003, it was (...)

The Spanish Competition Commission re-opens proceedings against financial institutions for allegedly subordinating the granting of mortgages to the subscription of other insurance related services (Entidades de crédito)
Hogan Lovells (Madrid)
On 12 December, 2007, the Investigatory Directorate of the National Competition Commission ("IDNCC") formally re-opened a sanctioning proceeding against several banks and saving banks for allegedly conditioning the concession of mortgages to the subscription of certain guarantees (life (...)

The German Competition Authority holds that risk pooling by insurance companies for insuring liability risks of auditing firms violates Art. 81 EC but excludes insurance for "Big 4" (Allianz - Axa - R+V - Ergo)
CRA International (London)
Summary Four large insurance companies active in the German market (Allianz, Axa, R+V and Ergo) had operated a joint venture for the purpose of insuring liability risks of auditing firms. The joint venture goes back to a state sponsored company founded in the 1930s, which the members of the (...)

The German Competition Authority prohibits insurance cartel for insurance for pecuniary loss liability risks of auditors and chartered accountants (Versicherungsstelle Wiesbaden)
Norton Rose Fulbright
In a decision dated 10 August 2007, the German Federal Cartel Office (FCO) prohibited four of the major German insurance companies from continuing to insure the pecuniary loss liability risks of auditors and chartered accountants jointly via a joint insurance pool (with an exemption for (...)

The Irish Competition Authority settles an alleged price-fixing dispute in the health sector relating to medical examination reports to life insurance companies (Irish Medical Organisation - IMO)
Baker Botts (Brussels)
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Merilampi Attorneys
Introduction On 28 May 2007, the Irish Competition Authority announced that it had concluded a settlement agreement with the Irish Medical Organisation (IMO) on 25 May 2007. The settlement concerns an alleged price-fixing by the IMO in relation to the provision of Private Medical Attendant (...)

The Irish National Competition Authority issues pro-competitive proposals for a reform of the private health insurance market
London School of Economics
Competition in the Private Health Insurance Market, Irish National Competition Authority Report, January 2007 (Executive summary) Context The Irish private healthcare market is conditioned by the aim it pursues, namely intergenerational solidarity. Intergenerational solidarity demands that (...)

The Hungarian Competition Office imposes record cartel fine in the car insurance sector (Allianz)
Oppenheim
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Oppenheim - Budapest
On 21 December 2006 the HCO delivered its decision in the first large-scale cartel case in the Hungarian car insurance sector (Decision n° Vj-51/2005). In its proceedings the HCO investigated the two largest insurance companies’ vertical relationships with car dealers (who also act as car repair (...)

The Bulgarian Supreme Administrative Court endorses a minimum premium tariff for green card insurance as pro-competitive (Vitosha)
Kinstellar (Sofia)
In a case concerning alleged price fixing, the Bulgarian Supreme Administrative Court (the “SAC”) ruled out anti-competitive objectives and effects of a minimum premium tariff for Green Card insurance and held that eight insurance companies had not breached the domestic antitrust rules by (...)

An Italian Court states that the information exchange organised among insurance companies has no effect on competition (San Paolo IMI Wealth Management)
Studio Legale DDPV
The Italian national jurisdiction (Tribunale Amministrativo Regionale del Lazio - the “TAR”) annuled a decision of the Italian national competition authority (the “Authority”) concerning an alleged infringement of art 2 of Italian Antitrust Law (a provision similar to art 81 EC). In June 2003, two (...)

The Irish Competition Authority makes 47 recommendations to boost competition in the non-life insurance sector
London School of Economics
The Irish National Competition Authority (hereinafter “NCA”) has issued its report and recommendations on enhancing competition in the non-life insurance sector. The recommendations aim to reduce the cost of switching insurer and/or intermediary and to tackle structural and legal barriers to (...)

The UK Competition Appeal Tribunal sets aside the OFT’s decision, subject to the OFT giving undertakings as to what actions it must subsequently take within a definite period of time (Association of British Insurers)
UK Competition and Markets Authority (CMA) (London)
1. Introduction The Competition Appeal Tribunal (“CAT”) Order of 30 June 2004 relates to the unusual situation where the Office of Fair Trading ("OFT") decided not to contest the appeal against its decision. In its Order, the CAT set aside the OFT’s decision, subject to the OFT giving (...)

The Hungarian Competition Office grants individual exemption to insurance companies for the conclusion of consortium agreement (ÁB-Aegon Általános Biztosító)
lakatos, koves and partners
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lakatos, koves and partners
In 2003, AB-Aegon Általános Biztosító Rt, Allianz Hungária Biztosító Rt., Generali-Providencia Biztosító Rt., OTP-Garancia Biztosító Rt. and Uniqa Biztosító Rt. filed a request for negative clearance or alternatively, a request for an individual exemption with the Hungarian Competition Office (HCO). The (...)

The Hungarian Competition Authority gives youth-insurance consortium individual exemption (Aegon)
Van Bael & Bellis
On 29 April 2004, the Hungarian Competition Authority (GVH) granted individual exemption to ÁB-Aegon Általános Biztosító Rt., Allianz Hungária Biztosító Rt., Generali-Providencia Biztosító Rt., OTP-Garancia Biztosító Rt. and Uniqa Biztosító Rt., five of the largest Hungarian insurance companies jointly (...)

The UK Competition Office concludes that a general terms of agreement of an association of insurers restricts competition (Association of British Insurers)
UK Competition and Markets Authority (CMA) (London)
Association of British Insurer’s General Terms of Agreement* On 13 November 2002, the ABI notified its GTA between insurers and credit hire organisations (CHOs) to the OFT for a decision that the GTA did not fall within the Chapter I prohibition of the Competition Act 1998 (’the Act’) or, in the (...)

The UK OFT considers that a pooling agreement between British insurers set up to provide reinsurance against acts of terrorism was contrary to national competition provisions but met the criteria for individual exemption (Pool Re)
Autorité de contrôle prudentiel
Background On 7 March 2003, Pool Re, a company set up in 1993 by British insurers to act as a reinsurer in respect of terrorism cover, requested from the Office of Fair Trading (“OFT”) a decision that the arrangements governing its operations were not contrary to UK antitrust rules - especially (...)

The Italian Competition Authority rules that exchanges of information through a third party between competing insurance companies is anti-competitive regardless of the non-concentrated nature of the market (Iama Consulting)
OECD - Competition Division (Paris)
,
Telefonica (Madrid)
In 2004, two cases on exchanges of information between competitors were decided by the Italian competition authority (“AGCM” – the Autorità Garante per la Concorrenza ed il Mercato). This revived a lively debate on the conditions in which these practices should be prohibited and whether they are (...)

The European Commission holds that investigation into German insurance industry did not reveal sufficient threat of foreclosure through tied agents (BIPAR)
University of Oxford
"Complaint against German insurers withdrawn after Commission preliminary investigations did not reveal sufficient threat of foreclosure through tied agents"* Introduction On 6 October 2003, the European Federation of Insurance Intermediaries, BIPAR, withdrew its complaint against German (...)

The Netherlands Competition Authority doesn’t approve protocol signed by of the private health insurers united in a professional association (Solidarity Protocol)
Netherlands Authority for Consumers & Markets (The Hague)
NMa Does Not Approve Health Insurers’ ’Solidarity Protocol’* The Netherlands Competition Authority (NMa) has not approved the so-called ’Solidarity Protocol’ of the private health insurers united in Zorgverzekeraars Nederland (ZN). According to NMa, these agreements restrain competition between (...)

The UK OFT finds that amended rules imposed by the General Insurance Standards Council on its members are not anti-competitive (General Insurance Standards Council)
Baker McKenzie (London)
On 13 November 2002, the Office of Fair Trading (« OFT ») (at the time, the Director General of Fair Trading) found that the rules of the General Insurance Standards Council (« GISC »), intended to improve standards in the insurance sector, were not anti-competitive. This decision followed the (...)

The UK competition commission Appeal Tribunal decides, contrary to the Director General of Fair Trading, that a council monitoring the sale of insurance infringed the Chapter I prohibition of the Competition Act 1998 by prohibiting the its members from dealing with any intermediary who is not a member or the agent or sub-agent of such a member (The Institute of Independent Insurance Brokers)
UK Competition and Markets Authority (CMA) (London)
A. Introduction On 17 September 2001 the United Kingdom Competition Commission Appeal Tribunal ("the CCAT") made an important ruling by deciding, contrary to the Director General of Fair Trading, that the General Insurance Standards Council’s ("the GISC") rules infringed the Chapter I (...)

The Dutch Competition Authority finds price fixing and market sharing agreements engaged by the national association of general practitioners in breach of competition law (Landelijke Huisartsenvereniging)
Netherlands Authority for Consumers & Markets (The Hague)
NMa Prohibits Agreements on Tariffs and on the Setting up of Practices by General Practitioners* In its decision on the policy with regard to setting up practices of Landelijke Huisartsenvereniging (LHV) [National Association of General Practitioners] and the collective negotiations conducted (...)

The German Federal Court of Justice holds that a health insurer does not violate the vertical price fixing prohibition by agreeing with care providers on fixed prices for the services that the care providers render to insured patients (Zahnersatz aus Manila)
Linklaters (Dusseldorf)
Description of the impugned case The Court states that the health insurer’s fixing prices for certain dental services provided to insured patients does not constitute an unlawful vertical price fixing agreement due to the fact that the insurer finally has to pay for the dental services. As (...)

Dominance

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 Romanian Competition Council proposes several recommendations to improve the competition in the life insurance sector
Romanian Competition Council (Bucharest)
Low development level of life insurance sector in Romania* One of the conclusions of the sector inquiry conducted by the Competition Council on life insurance market is that this sector in Romania has a low level of development, the penetration decree is far behind that of other European (...)

The Russian Competition Authority considers that an insurance company has abused of its dominance (Rosgosstrakh)
Russian Federal Antimonopoly Service
“Rosgosstrakh” unlawfully refuses to conclude agreements for mandatory civil liability motor-vehicle insurance with physical persons* On 10th February 2014, the Commission of Arkhangelsk OFAS Russia found that “Rosgosstrakh” Ltd. violated Clauses 3 and 5 Part 1 Article 10 of the Federal Law “On (...)

The Mauritius Competition Authority follows UK Competition Commission’s lead in examining banks’ practices in payment protection insurance and credit life insurance (Bank One, Barclays Bank)
Norton Rose Fulbright (London)
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Falcon & Hume
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Norton Rose Fullbright (Sidney)
Given burgeoning competition law regimes in Africa, international and local African lenders, as well as retailers extending credit, will have to reconsider their approach to offering credit life insurance with their loans in many African jurisdictions. This is evident from recent judgments by (...)

The Croatian Competition Authority finds no abuse of dominance in bundled insurance packages (Croatia osiguranje)
University of Technology (Tallinn)
On 21 April 2011 the Croatian Competition Authority (AZTN) closed its investigation into the alleged abuse of dominant position by the leading insurance company Croatia osiguranje d.d. (Crosig). The AZTN found no abuse of dominance in the bundled insurance packages offered by Crosig stating (...)

The Spanish Competition Authority dismisses a complaint against a car insurance company for abuse of a dominant position (AXA)
European Court of Justice (Luxembourg)
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Garrigues
The decision-making body of the Spanish Competition Authority (Consejo Nacional de la Competencia , hereinafter the CNC) recently took a decision bringing to an end an investigation against the insurance company Axa for an alleged abuse of a dominant position within the Spanish car insurance (...)

The Swedish Competition Authority closes an investigation concluding that an insurance company did not engage in an abuse of dominant position by introducing premium reductions on some of its insurance products relating to pensions (Alecta)
Swedish Competition Authority (Stockholm)
In December 2007, at its own initiative, “Konkurrensverket”, the Swedish Competition Authority, launched an investigation to determine whether the Alecta mutual pension insurance company had abused its dominant position by introducing premium reductions, of up to 50 per cent, on some of its (...)

The Luxembourg Competition Council allows the imposition of an IT tool by a car insurance company on car damage experts (OEIPA/Le FoyerAssurances)
Arendt & Medernach (Luxembourg)
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NautaDutilh (Luxembourg)
On 5 September 2007 the Competition Council (“Conseil de la concurrence”) has handed down a decision in a case between a professional association of car damage experts, OEIPA and Le Foyer Assurances S.A. (“Le Foyer”), one of the principal car insurances companies in Luxembourg. Le Foyer puts the (...)

The Luxembourg Competition Council rejects an abuse of dominance complaint in the car insurance sector concerning alleged obligation to use a software application (OEIPA/Le Foyer Assurances)
MOYSE BLESER law firm
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Herbert Smith Freehills
On 5 September 2007, following quite a lengthy decision, The Competition Council (Conseil de la concurrence) (Council) rejected a complaint submitted to the Competition Inspectorate (Inspectorate) by a professional association of car damage experts (Ordre des experts indépendants professionnels (...)

The Irish Supreme Court allows an appeal against the High Court’s finding of an abuse of dominance in the market for life insurance (Irish League of Credit unions)
London School of Economics
The present case is the first appeal against a High Court decision on substantive competition law matters to come before the Irish Supreme Court. The plaintiff in this case, the National Competition Authority (NCA), initiated this action before the High Court in accordance with the powers (...)

The Polish Office for Competition and Consumer Protection holds that the National Health Fund has imposed its dominant position by imposing low purchase prices of health services (Narodowy Fundusz Zdrowia)
Magdalena Tomaszewska
In his decision dated 7 March 2007, the President of the Office for Competition and Consumer Protection (“the President of the OCCP”) recognized that the National Health Fund (“the NHF”) abused its dominant position on the national market for organizing dentistry services as part of the national (...)

The Polish Competition Authority confirms that the entity in charge of the management of the general compulsory health insurance system is an entrepreneur and therefore is subject to competition law (Narodowy Fundusz Zdrowia)
French National Research Agency (ANR)
President’s of the Office for Competition and Consumer Protection (Prezes Urzedu Ochrony Konkurencji i Konsumentów) March 7th, 2007, Decision n° DOK-28/2007, concerning practices of the National Health Fund (Narodowy Fundusz Zdrowia) On March 7th, 2007 the President of the Office for Competition (...)

The Slovak Competition Authority issues a negative decision on alleged abuse of dominance in the determination of the maximum financial extent of health services for medical transport facilities and related prices for these services (Vseobecná zdravotná poisťovňa / STIMAR)
Havel, Holasek & Partners (Brno)
I. Relevant facts In the following case, the Slovak Antimonopoly Office (Office) stated that the conduct of General Health Insurance Company (VZP) is not considered an abuse of the dominant position according to Article 8 (2) of the Slovak Competition Act. The Office investigated the (...)

Mergers

The U.S. District Court for the District of Columbia blocks two proposed mergers in the insurance sector brought and litigated under the Obama administration (Aetna / Humana and Anthem / Cigna)
Skadden, Arps, Slate, Meagher & Flom (New York)
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Skadden, Arps, Slate, Meagher & Flom (New York)
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Skadden, Arps, Slate, Meagher & Flom (New York)
In a continuation of recent Department of Justice (DOJ) successes challenging mergers, the U.S. District Court for the District of Columbia recently enjoined two more proposed mergers brought and litigated under the Obama administration. Aetna’s $37 billion proposed acquisition of Humana was (...)

The Indian Competition Authority clears an acquisition of minority shareholdings in the insurance sector (FAL / ICICI Lombard)
Economic Laws Practice
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Economic Laws Practice
Introduction A notification was filed by FAL Corporation (“FAL”) under Section 6(2) of the Competition Act, 2002 (“Act”), pursuant to execution of an agreement amending the Joint Venture Agreement entered between FAL and ICICI Bank Limited (“ICICI”), in relation to its acquisition of additional 9% (...)

The Indian Competition Authority clears a an acquisition of minority shareholdings in the Insurance sector (FAL / ICICI Lombard)
Economic Laws Practice
,
Economic Laws Practice
Introduction A notification was filed by FAL Corporation (“FAL”) under Section 6(2) of the Competition Act, 2002 (“Act”), pursuant to execution of an agreement amending the Joint Venture Agreement entered between FAL and ICICI Bank Limited (“ICICI”), in relation to its acquisition of additional 9% (...)

The UK Competition and Market Authority formally clears a merger in the insurance sector following an in-depth enquiry (Xchanging / Agencyport)
UK Competition and Markets Authority (CMA) (London)
CMA formally clears specialist insurance merger* The CMA has formally cleared the completed acquisition by Xchanging of certain companies comprising all of the European operations of Agencyport. Xchanging plc (Xchanging) and Agencyport Software Group (Agencyport) supply specialist software to (...)

The UK Competition and Markets Authority clears provisionally a merger in the insurance sector (Xchanging / Agencyport)
UK Competition and Markets Authority (CMA) (London)
CMA provisionally clears specialist insurance merger* The CMA has provisionally cleared the completed acquisition by Xchanging of certain companies comprising all of the European operations of Agencyport. Xchanging plc (Xchanging) and Agencyport Software Group (Agencyport) supply specialist (...)

The Hellenic Competition Commission clears an acquisition of sole control in the insurance market (ERGO International / Agrotiki Asfalistiki)
Hellenic Competition Authority (Athens)
Clearance of the proposed acquisition by «ERGO International Aktiengesellschaft» of the insurance company “AGROTIKI ASFALISTIKI S.A.». * By its unanimous Decision 594/2014, the Hellenic Competition Commission (HCC) approved, under Greek merger control rules, the proposed acquisition of sole (...)

The Lithuanian competition authority clears a merger subject to commitments in the insurance sector (PZU / Lietuvos draudimas)
Valiunas Ellex (Vilnius)
On 9 October 2014 the Lithuanian competition authority adopted a decision clearing the acquisition of 100% shares of AB “Lietuvos draudimas” by PZU S.A., subject to commitments. The transaction concerned Lithuanian insurance sector and it entailed a horizontal concentration between two of the (...)

The Lithuanian Competition Council conditionally clears an acquisition on the market of the insurance of land vehicles and the market of property insurance (AB Lietuvos draudimas / PZU)
Lithuanian Competition Authority (Vilnius)
COMPETITION COUNCIL CLEARS ACQUISITION OF AB LIETUVOS DRAUDIMAS BY PZU S.A., SUBJECT TO CONDITIONS* On 9 October, the Competition Council (KT) cleared the acquisition of 100 per cent of AB Lietuvos draudimas shares by PZU S.A. The merger was cleared upon the condition that PZU S.A. would sell (...)

The Lithuanian Competition Council launches a market test following merger commitments proposed on the market of the insurance of land vehicles and the market of property insurance (PZU)
Lithuanian Competition Authority (Vilnius)
Competition Council calls for opinions on merger commitments proposed by PZU S.A.* Competition Council (KT) calls stakeholders to express their grounded opinions on PZU S.A. (Powszechny Zakład Ubezpieczeń Spółka Akcyjna) commitments to the merger wherein the latter acquires up to 100 per cent of (...)

The China Insurance Regulatory Commission partially relaxes mergers and the new acquisition rules in the insurance sector are expected to help facilitate market entry and expand the footprint of private capital
AnJie Law (Beijing)
China Issues New Insurance Merger Rules* Level play ground, optimizing industry structure, promoting competitiveness, and enriching the risk management tool kit of the insurance institutes”, quoting a statement of CIRC posted on its website. Promotion of Competition CIRC’s partially relaxed (...)

The Australian Competition and Consumer Authority does not oppose the acquisition of an independant insurance underwriter because other competitors including the banks and challenger brands are likely to have a similar ability to provide strong price-based competition (IAG / Wesfarmers)
Australian Competition and Consumer Commission
The Australian Competition and Consumer Commission has announced that it will not oppose IAG’s proposed acquisition of Wesfarmers’ insurance underwriting business* IAG’s proposed acquisition was publicly announced in December 2013. The ACCC has closely reviewed the proposed acquisition as IAG and (...)

The Italian Competition Authority clears a transaction between leading insurance firms for the acquisition of control of a company operating in the same insurance sector (Società Cattolica di Assicurazione / FATA Assicurazioni Danni)
C partners law and tax firm (Milan)
Background With decision n. 24828 of last 5th March 2014 the Italian Competition Authority (the “Authority”) cleared a transaction for the sale and purchase of shares representing the entire corporate capital of FATA Assicurazioni Danni S.p.A. (“FATA”) from Generali Italia S.p.A. (“Generali (...)

The Italian Competition Authority opens an investigation for a possible breach of obligations imposed to prevent anti-competitive effects following a merger clearance in the insurance sector (Unipol Gruppo Finanziario / Premafin Finanziaria / Holding di Partecipazioni)
University of London - School of Economics Birkbeck College
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Clifford Chance (Paris)
On the 19th of February 2014, the Italian Competition Authority (the “Authority” or “Italian Authority”) opened an investigation against Unipol Gruppo Finanziario (“UGF”) and Premafin Finanziaria S.p.A. – Holding di Partecipazioni S.p.A. (“Premafin”) for a possible breach of obligations set forth in (...)

The Netherlands Authority for Consumers and Markets clears a merger between two hospitals (Noorderboog / Isala)
Netherlands Authority for Consumers & Markets (The Hague)
ACM clears merger between two eastern Dutch hospitals* The Netherlands Authority for Consumers and Markets (ACM) has cleared the merger between two hospitals in the eastern Dutch provinces of Overijssel and Drenthe. These hospitals are the Noorderboog hospital in the city of Meppel and the (...)

The French Competition Authority fines a complementary social protection organisation for having breached the notification requirement of a merger project (Réunica / Arpège)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence fines Réunica for having breached the notification requirement of a merger project*. The Autorité de la concurrence just issued a ruling in which it imposed a fine of €400,000 on (...)

The Italian Competition Authority grants conditional clearance to the acquisition of control of its rival by an insurer (Unipol of Premafin/Fondiaria)
Pirelli
The notified transaction On 24 February 2012, Unipol Gruppo Finanaziario S.p.A. (hereinafter also "UGF"), a top player on the Italian insurance market, notified to the Italian Competition Authority (Autorità Garante della Concorrenza e del Mercato, "AGCM") a transaction, called by the parties (...)

A US Court of Appeals rejects antitrust lawsuit that challenged premerger planning and information exchanges between two health insurers (Omnicare/UnitedHealth)
Jones Day (Washington)
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Jones Day (Houston)
This article has been selected for the business category, mergers section of the 2012 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Last week the U.S. Court of Appeals for the Seventh Circuit rejected an antitrust lawsuit by institutional pharmacy (...)

The Italian Competition Authority reviews the remedies regarding life insurance markets attached to the 2006 conditional clearance of a merger (Banca Intesa / Sanpaolo IMI merger)
Desogus Law Office (Cagliari)
The Italian Competition Authority (ICA) has recently reviewed the remedies attached to the 2006 conditional authorization of the Banca Intesa/Sanpaolo IMI merger. The remedies addressed the competition problems the merger would have caused in life insurance markets. The ICA considered the (...)

The French Competition Authority authorises the creation of a mutual insurance group company by three insurance companies (MACIF, MAIF & MATMUT)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence authorises the pooling of certain activities of the MACIF, the MAIF and the MATMUT.* In its decision of 2 June 2010, the Autorité authorised the creation of a mutual insurance (...)

The US Nevada Attorney General, operating in conjunction with the US DOJ, imposes divestiture and other conduct remedies, such as making charitable contributions and prohibiting most-favored nation clauses, as conditions precedent to approving a merger of health plan insurance companies (UnitedHealth / Sierra Health)
On February 25, 2008, Nevada Attorney General Catherine Cortez Masto filed a complaint in federal court in Nevada, alleging that the proposed acquisition of Sierra Health Services, Inc. (“Sierra”) by UnitedHealth Group Incorporated (“United”) violated federal and state antitrust laws, reducing (...)

The US DoJ seeks divestiture and conduct remedies after breaking new ground by analyzing the anticompetitive impact on the Medicare Advantage system (UnitedHealth / Sierra Health)
Squire Patton Boggs (Washington)
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Cleary Gottlieb Steen & Hamilton
On February 25, 2008, UnitedHealth Group (United) and Sierra Health Services, Inc. (Sierra) announced that they would proceed with a merger whereby United will acquire all outstanding shares of Sierra in a transaction valued at $2.6 billion. Their statement came shortly after the United States (...)

The US DoJ requires divestiture of the Medicare Advantage line, while the Attorney General of Nevada adds conduct remedies, such as the implementation of internal firewalls, before clearing a merger in the market for health plans (UnitedHealth / Sierra Health)
Mintz Levin Cohn Ferris Glovsky and Popeo PC (Washington)
UnitedHealth Group Inc. (UnitedHealth) recently entered into a consent decree with federal and stateantitrust enforcement authorities in connection with its proposed acquisition of Sierra Health Services, Inc. (Sierra). The remedies secured by theDepartment of Justice and the Nevada State (...)

The European Commission conditionally clears an acquisition in the insurance sector (Vienna Insurance Group/Erste Bank)
,
European Commission - DG COMP
"Mergers: main developments between 1 May and 31 August 2008"* On 17 June the Commission decided to approve, subject to conditions, the proposed acquisition by Vienna Insurance Group (VIG) of the insurance subsidiaries of Austria’s Erste Bank. Vienna Insurance Group is an international (...)

The Russian NCA cleared a merger in the personal insurance sector subject to remedies, including notification of future cooperation agreements (TechAtomProm/Assicurazioni Generali)
Clifford Chance (Moscow)
The operation The Italian insurance group Assicurazioni Generali S.p.A. (“Acquirer”) applied for clearance of its proposed acquisition of indirect control over the Russian insurance company OOO "TechAtomProm" (“Target”). The market The transaction related to the personal insurance markets in the (...)

The Russian NCA clears a merger in the insurance market subject to remedies, including transfer of specific target’s insurance portfolios to third parties (KS-Holding/Sineron Holdings)
Clifford Chance (Moscow)
The operation The insurance company Sineron Holdings Limited (“Acquirer”) applied for clearance of its proposed acquisition of the entire voting capital in the insurance company ZAO "KS-Holding" (“Target”). The market The transaction related to the insurance markets for personal insurance in the (...)

The Portuguese Competition Authority clears merger in the market for health plan management services (Tranquilidade, United Health and AdvanceCare)
PLMJ (Lisboa)
On 27 March 2008, the Portuguese Competition Authority (PCA) cleared the acquisition by Companhia de Seguros Tranquilidade SA (Tranquilidade) and Unitedhealth Group International Bv (UHGI), of joint control over Advancecare - Gestão de Serviços de Saúde SA (AdvanceCare), a company that provides (...)

The Turkish Competition Authority clears a merger in the non-life insurances services subject to limitation of the duration of the non-compete clause (Dogan-TBIH)
Esin
The operation Tracing its beginning to the 1950s, Dogan Holding has been investing in vital sectors of the economy, helping the country and itself to prosper. The Holding Company has an interest in six major business areas: energy, media, industry, trade, insurance, and tourism. In line with (...)

The French Minister of Economy grants Phase I clearance to a merger in the market for property services without remedy (Banque Federale des Banques Populaires/Foncia Groupe)
Darrois Villey Maillot Brochier
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Viguié Schmidt & Associés (Paris)
In his decision dated 26 March 2007, the French Minister granted a clearance to the acquisition of sole control of Foncia Groupe by Banque Fédérale des Banques Populaires (“BFBP”). BFBP, which is controlled by 19 Banque Populaire regional banks, CASDEN Banque Populaire, and Crédit Coopératif, is (...)

The Italian Competition Authority clears a major concentration in the banking sector subject to remedies (Banche Popolari Unite/Banca Lombarda e Piemontese)
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Chiomenti (Rome)
The operation Banche Popolari Unite (UBI) and Banca Lombarda e Piemontese are two banking groups based in Italy, after the merger BPU will be the major Italian folk cooperative bank. The market(s) Retail banking, mutual funds, management of customers’ securities portfolios (GPFs and GPM), (...)

The Italian Competition Authority conditionally clears a merger in the insurance sector (Assicurazioni Generali /Toro Assicurazioni)
Chiomenti (Rome)
The operation Generali and Toro Assicurazioni are two insurance companies based in Italy. As a result of the merger, Generali will become the second largest national operator in the field of damage insurance business, whereas the first operator is Fondiaria-SAI. More specifically, Generali (...)

The UK Competition Commission clears a three to two merger in the insurance sector holding that the transaction would not give rise to a substantial lessening of competition (Hampden / CBS)
Winston & Strawn (London)
Introduction On 4 July 2006, the U.K. Office of Fair Trading (OFT) referred the completed acquisition of CBS Private Capital Limited’s Lloyd’s members’ agency business (CBSPC) by Hampden Agencies Limited (Hampden) to the Competition Commission (CC) under the U.K. Enterprise Act 2002. After (...)

The Spanish Competition Authority clears in phase II a merger in the health insurance services sector subject to removal of exclusivity clauses and third party access (Adeslas/Global Consulting/Lince)
PwC (Madrid)
The operation The operation involved the acquisition of joint control of Lince Servicios (and its subsidiaries) by Adeslas and Global Consulting. Lince Servicios was active in the provision of healthcare and health insurance services in the province of Ciudad Real. Before the transaction, (...)

The European Commission approves, subject to divestiture, an acquisition in the insurance sector (Gerling/Talanx)
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European Commission - DG COMP
"Mergers — Main developments between 1 January and 30 April 2006"* On 5 April the proposed acquisition of the German insurance group Gerling by the insurer Talanx was approved. Talanx Aktiengesellschaft (‘Talanx‘) is a German holding company. Its subsidiaries offer life and non-life insurances to (...)

The Portuguese Competition Authority clears a merger in the insurance sector with remedies including divestiture (Caixa Seguros/HNC-BCP Seguros)
PLMJ (Lisboa)
The operation The operation consists in the acquisition of sole control over four companies operating the insurance business (which are currently owned by SEGUROS E PENSÕES GERE, holding of BANCO COMERCIAL PORTUGUÊS GROUP for the insurance sector) by Caixa Seguros SGPS, S.A. (Caixa Seguros) - (...)

The Dutch Competition Authority clears a merger in the sector of insurance subject to a remedy to refrain from regional differentiation, but the Rotterdam Court overturns the decision for lack of sectoral competence (CZ - OZ)
Netherlands Authority for Consumers & Markets (The Hague)
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Eversheds Sutherland (Amsterdam)
The operation CZ and OZ provide for privately funded and supplementary insurance, as well as insurance, which is paid for by the national health insurance fund (para. 8-11). The market(s) The NMa assessed the effects of the merger in relation to the markets of (i) private insurance and (...)

The Spanish Competition Authority clears in phase II a merger with remedies, including removal of exclusivity clauses and third party access (Igualmequisa & Adeslas/IMQ Seguros/Iquimesa Seguros)
PwC (Madrid)
The operation The operation involved the joint takeover by Igualmequisa and Adeslas of IMQ Seguros (a subsidiary of Igualmequisa) and Iquimesa Seguros (a subsidiary of Adeslas). Igualmequisa is a group of companies with operations in the health sector. It is controlled by IMQ Médicos, which in (...)

The Czech Competition Office authorises as a rescue operation a merger in the insurance market subject to a capital increase (CPP/Kooperativa)
Gide Loyrette Nouel (Prague)
In this contribution we provide a summary of the Office’s first instance decision authorising an acquisition of an insurance company, Èeská podnikatelská pojiš ovna, a.s. (“CPP”), by another one, Kooperativa, pojiš ovna, a.s.(“Kooperativa”). The Office received a request by Kooperativa to approve its (...)

The Italian Competition Authority revokes remedies originally imposed to the parties to a merger by interpretating extensively the notion of de facto control (Società Assicuratrice Industriale/La Fondiaria Assicurazioni)
Ashurst
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Legance - Studio Legale Associato
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Background Following a specific request by the parties, the Italian Antitrust Authority (Autorità Garante della Concorrenza e del Mercato), at its meeting on 12 June 2003, decided to revoke the conditions originally imposed on Premafin Finanziaria S.p.A. (Premafin) and Mediobanca Banca di (...)

The Italian Competition Authority clears a merger in the financial sector with behavioural remedies which were finally waived due to a change of circumstances (Società Assicuratrice Industriale/La Fondiaria Assicurazioni)
Chiomenti (Rome)
The operation At first the two parties involved in the transaction were Fondiaria and Sai, two insurances companies based in Italy. On 6 August 2002, Sai notified the ICA the concentration by which Sai indented to acquire 29,9% of the capital stake of Fondiaria with the aim to be merged with (...)

The Bulgarian Commission for the Protection of Competition allows a horizontal merger among two national insurance groups subject to commitments to liberalization of the offering of the “Green Card” insurance service (TBI Holding/DZI 2000)
Boyanov & Co.
The operation The consortium between TBI Holding NV and DZI 2000 AD notified its intention to acquire control over the incumbent state owned insurance group DZI, in the framework of a privaitzation transaction. TBI Holding already controlled the Bulstrad insurance company, active in general (...)

The Slovak Antimonopoly Office clears a major in the insurance sector subject to 21 structural and behavioural remedies (Allianz/Slovenská poistovna)
Čechová & Partners
The operation By a decision dated 28 06 2002, the Antimonopoly Office of the Slovak Republic approved the acquisition of direct control of the company Allianz AG over the former state-owned insurance company Slovenská poistovna as a result of the privatization of Slovenská poistovna. Allianz AG (...)

The European Commission approves the take-over of a Dutch credit insurance company by German insurance company (Gerling/NCM)
European Commission - DG COMP
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Financial Conduct Authority (FCA)
"Merger Control: Main developments between 1st September 2001 and 31st December 2001"* The Commission approved the take-over of the Dutch credit insurance company NCM Holding N.V. (“NCM”) by German insurance company Gerling-Konzern Versicherungs-Beteiligungs AG (“Gerling”). The Commission’s review (...)

The European Commission approves, subject to remedies, a merger between two German companies active in the insurance and bank services (Allianz/Dresdner)
European Commission - DG ECFIN
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European Commission - DG COMP
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Financial Conduct Authority (FCA)
"Merger control: main developments between 1 May and 31 August 2001"* Following remedies offered by the parties concerned, the Commission on 19 July gave the go-ahead for the Allianz insurance group to take over Dresdner Bank. The Commission’s investigations focused on the consequences of the (...)

The European Commission approves a concentration in the insurance sector creating a leading European insurer in terms of premium income (Axa/UAP)
European Commission - DG GROW
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European Commission - DG COMP
"Mergers - Summary of the most important recent developments"* On 20th December 1996, the Commission approved an operation whereby AXA will acquire sole control of UAP via an offer for exchange of shares, covering the whole of UAP‘s shares. The new French group will become a leading European (...)

State Aids

The EU General Court states that, despite having a margin of discretion, a prudent private investor always carries out an assessment of the potential profitability of the investment before it commits any money (SACE and Sace BT)
College of Europe (Bruges)
Application of the MEIP to Transactions between Parent and Subsidiary Companies* The Market Economy Investor Principle also applies to transactions between related companies. A private investor enjoys a margin of discretion in deciding in favour or against an investment. However, despite that (...)

The European Commission decides that a French scheme to support supplementary welfare cover for local government staff is compatible with Article 107(2)(a) TFEU (Fiscalité des contrats d’assurance maladie solidaires, Aide à la protection sociale complémentaire)
European Commission - DG COMP
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European Commission - DG COMP
State aid: main developments between 1 January and 30 April 2011* The Commission decided in two cases on 26 January and 23 February that a French scheme to support supplementary welfare cover for local government staff is compatible with Article 107(2)(a) of the TFEU, which permits aid of a (...)

The European Commission approves a project notified by the UK concerning the establishment of an occupational pension scheme (National Employment Savings Trust)
European Commission - DG COMP
"State aid: main developments between 1 May and 31 August 2010"* On 6 July 2010 the Commission approved the establishment of an occupational pension scheme, called NEST (National Employment Savings Trust), which will manage an occupational pension scheme. The scheme was notified to the (...)

The European Commission approves a € 1.5 billion recapitalization provided by Belgium in the context of the restructuring of a Belgian insurer (Ethias)
European Commission - DG COMP
"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 European Commission authorizes, under the temporary framework, a Slovenian measure to provide insurance cover via the State-owned agency to exporters who are unable to obtain cover from the private market (SID Banka)
European Commission - DG COMP
"State aid: main developments between 1 January and 30 April 2010"* The Commission also authorised a Slovenian measure to provide insurance cover via the State-owned agency, SID Banka, to exporters who are unable to obtain cover from the private market as a result of the current financial (...)

The European Commission authorizes a measure adopted by Denmark providing a State guarantee on non-life insurance against damage arising from nuclear, biological, chemical or radioactive (NBCR) terrorist attacks exceeding a certain threshold (Danish Terror Insurance Scheme)
European Commission - DG COMP
"State aid: main developments between 1 January and 30 April 2010"* The Commission has authorised a measure adopted by Denmark which provides a State guarantee on non-life insurance against damage arising from nuclear, biological, chemical or radioactive (NBCR) terrorist attacks that exceeds a (...)

The European Commission authorizes an Irish scheme of levies and tax relief in the health insurance sector
European Commission - DG COMP
"State aid: main developments between 1 May and 31 August 2009"* On 18 June 2009, the Commission authorised an Irish scheme of levies and tax relief in the health insurance sector. The scheme aims to promote intergenerational solidarity by decreasing the risk differentials between old and (...)

The European Commission authorises under the temporary framework a measure adopted by Luxembourg to limit the adverse impact of the current financial crisis on export firms (Short term export credit insurance scheme)
European Commission - DG COMP
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Groupe Holder
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"State aid: main developments between 1 January and 30 April 2009"* The Commission authorised on 20 April 2009 under the Temporary Framework a measure adopted by Luxembourg to limit the adverse impact of the current financial crisis on export firms. Under the notified scheme, the export-credit (...)

The European Commission requests Greece to recover more than €230 million of illegal aid from largest shipyard company (Hellenic Shipyards)
European Commission - DG COMP
"State aid: main developments between 1 January and 30 April 2010"* The Commission has decided to refer Greece to the European Court of Justice for failing to comply with a Commission decision of 8 July 2008 which found that State aid had been unlawfully granted to Hellenic Shipyards (HSY) and (...)

The Irish High Court rules that State aid measures related to private medical insurance to which the EC Commission did not object can not be sued before national courts as it falls under Art. 86.2 EC (Bupa Ireland)
Freshfields Bruckhaus Deringer (Tokyo)
Factual Background This case concerns private medical insurance and its operation in the Irish market. Private medical insurance ("PMI") was formally introduced in Ireland in 1957 with the establishment of the Voluntary Health Insurance Board (the "VHI"), in order to enable persons not (...)

The Court of Arbitration of Antwerp rules that taxation of insurance contracts is not contrary to Art. 87 EC (NV A.A.)
Sheppard Mullin (Brussels)
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European Court of Justice (Luxembourg)
Factual Background For several years, NV A.A. offered its clients a hospital admission insurance policy. This insurance which complementary to the mandatory insurance provided by health insurance funds. In 1999, NV A.A. paid the sum of € 705,883.73 in tax regarding these insurance contracts for (...)

Procedures

The US Eastern District of Kentucky denies class certification due to individual damage calculation (Cowden/Parker)
Cohen Milstein (Washington)
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Cohen Milstein (New York)
Individual insurance agents brought a class action against their insurance agency employer, asserting that the agency had agreed to pay its agents a commission on certain health insurance plans but had refused to pay them. The court denied class certification, reasoning that under Comcast, (...)

The Albanian Court of Appeals upholds the Competition Commission decision finding infringement of art. 36 of competition law through obstruction for down raids inspections (Intersig)
Albanian Competition Authority
On April 23, 2013 the Court of Appeals in Albania confirmed a decision of First Instant Court of November 23, 2012 that uphold the Albanian Competition Commission decision no 216, of March, 1-st 2012. On this decision, Albanian Competition Commission(hereinafter the “ACC”) had fined the (...)

The US Supreme Court holds that named plaintiffs in class actions could not, before class certification, avoid going to federal court by stipulating to a cap on damages (Standard Fire Ins. v. Knowles)
Jones Day (Los Angeles)
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Jones Day (Chicago)
On March 19, 2013, the U.S. Supreme Court held in Standard Fire Ins. Co. v. Knowles that named plaintiffs in class actions could not, before class certification, avoid going to federal court by stipulating to a cap on damages. Although Standard Fire was not an antitrust case, the decision will (...)

The Italian Competition Authority’s sector inquiry tackles the reasons behind constant increases in the cost of private motor insurance
Simmons & Simmons (Milano)
The Italian Competition Authority’s sector inquiry tackles the reasons behind constant increases in the cost of private motor insurance in Italy head on. In brief the Italian Competition Authority (ICA) has identified a number of features that raise competition concerns in the private motor (...)

The German Federal Constitutional Court confirms constitutionality of provision on interest charged on antitrust fines (Industrial insurers)
European Commission
Germany: The Federal Constitutional Court confirms Constitutionality of Provision on Interest charged on Antitrust Fines* In a ruling of 19 December 2012, the Federal Constitutional Court has decided that the statutory imposition of interest on antitrust fines is in accordance with the Basic (...)

The UK Office of Fair Trading refers private motor insurance market to UK Competition Commission
European Commission
The UK Office of Fair Trading refers Private Motor Insurance Market to Competition Commission* On 28 September 2012, the Office of Fair Trading (OFT) referred the UK’s private motor insurance market to the Competition Commission for further investigation amid concerns that the market is not (...)

The UK OFT provisionally decides to refer private motor insurance market to Competition Commission
European Commission
United Kingdom: The Office of Fair Trading provisionally decides to refer Private Motor Insurance Market to Competition Commission* On 31 May 2012, the Office of Fair Trading (OFT) provisionally decided to refer the private motor insurance market to the Competition Commission after it found (...)

The US Supreme Court denies petition for certiorari brought by a drug manufacturer with respect to federal jurisdiction over antitrust class action claims (Lorazepam & Clorazepate Antitrust Litigation)
Wolters Kluwer (Riverwoods)
Antitrust Decision from Supreme Court Unlikely During Current Term* It is beginning to look like the U.S. Supreme Court will not be taking up any antitrust cases in the current term. Last week, the Court denied six petitions for review in antitrust-related matters. Just yesterday, the Court (...)

German Federal Court of Justice confirms legislative gap with regard to legal successor’s liability for cartel infringements (Versicherungsfusion)
Commeo
In its decision of 10 August 2011, the German Federal Court of Justice ("FCJ") held that a full legal successor (‘Gesamtrechtsnachfolger’) should only be liable for an infringement of competition law committed by the organ of its legal predecessor if from an economic perspective both entities are (...)

A German Court asks the Constitutional Court to review provisions of competition law requiring companies to pay interest accrued to antitrust fines (Gothaer Versicherung)
Van Bael & Bellis (Brussels)
On 30 May 2011, the Higher Regional Court in Düsseldorf asked the Federal Constitutional Court to review the constitutionality of certain procedural provisions of the German Competition Act. The Düsseldorf Court had doubts whether the accretion of interest to antitrust fines was compatible with (...)

The Italian Competition Authority transmits to the government a document which highlights the need for reforms to ensure the development of competition and consumer protection
European Commission
Italy: “Annual Law for Competition” Pursuant to Article 47 of L. 99/2009, the Italian Government must submit to the Parliament, a draft of the “annual law for competition”. The “annual law for competition” should remove any existing legal or administrative obstacles to the opening of markets and (...)

The Slovak Competition Authority holds that health insurance companies carrying on public health insurance are not subject to the Slovak Competition Act (Report on Health Insurance sector)
BPV Braun Partners
On December 3, 2009 the Antimonopoly Office of the Slovak Republic (“Office”) released its report on general investigation with regard to a planned merger of two state-owned health insurance companies engaged in public health insurance. The Office found that providing for public health insurance (...)

The Bulgarian Supreme Administrative Court discusses in detail the legal consequences of failure to comply with the obligation to inform the EU Commission under Art. 11.3 and 4 of Reg. 1/2003 (Insurance Cartel - Civil Liability)
University Paris Dauphine
Abstract: The case provides an useful illustration of the impact the national institutional and procedural autonomy principle may have on the present EU antitrust enforcement system. Indeed, since Regulation 1/2003 is directly applicable within the national legal orders and consequently the (...)

The Hague District Court revisits fishing expeditions (Allianz, Fortis)
Van Bael & Bellis (Brussels)
On 13 October 2008, the President of the District Court of The Hague handed down its judgment in the joint summary proceedings initiated respectively by Allianz Nederland Schadeverzekering N.V. (Allianz) and Fortis Corporate Insurance N.V (Fortis) against the Dutch Competition Authority (NMa). (...)

The Polish Competition Authority considers that the fact that a practice is capable of affecting trade between Member States may be an aggravating factor (PZU Życie)
French National Research Agency (ANR)
It is well known that since 1st May 2004 and according to Article 3(1) of the Regulation n° 1/2003 the President of the Office of Competition and Consumer Protection (hereafter: the OCCP President), as the Polish National Authority, cannot apply only national law to practices prohibited by (...)

An Italian Court awards to a consumer damages amounting to twofold the loss suffered as a result of a cartel among insurance companies after obtaining an ECJ preliminary ruling (Manfredi)
Shearman & Sterling (Rome)
The decision is the final step of the same Manfredi case (ECJ, July 13th, 2006, Manfredi, Joined Cases C-295/04 C-295/04, C-296/04, C-297/04 and C-298/04, [2006] ECR I-6619) which prompted, after Courage (ECJ, September 20th, 2001, Courage and Crehan, Case C-453/99, [2001] ECR I-6297), a (...)

The Italian Supreme Court recognizes the right of consumers for claim for damages in case of violation of antitrust rules (Mario Ricciarelli/Unipol Assicurrazioni)
Freshfields Bruckhaus Deringer (Rome)
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Freshfields Bruckhaus Deringer (Rome)
With this decision dated 4 February 2005, the Italian Supreme Court (Corte di Cassazione a Sezioni Unite) ruled over the possibility for consumers to claim for damages for the violation of antitrust rules. In particular, the Court had to decide over two related important issues regarding, on (...)

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