Interim measures

Anticompetitive practices

Interim measures and competition law: An overview of EU and national case law
Jones Day (Paris)
,
Jones Day (London)
The literature on the modernisation of EU competition law has paid little attention to interim measures ordered by the European Commission and national competition authorities (NCAs). Yet their asymmetric development under the modernised system has proven to be a fascinating area for the (...)

The Luxembourg Administrative Court dismisses the appeal of the state of Luxembourg and confirms the annulment of the decisions imposing interim measures against national incumbent telecom operator (P&T)
FratiniVergano
1. Facts Several telecommunications companies introduced a complaint for abuse of dominant position against “Entreprise des Postes et Télécommunications” (hereafter “P&T”) to the Luxembourg Competition Inspectorate. The latter requested the President of the Luxembourg Competition Council (...)

The Belgian Competition Authority imposes provisional measures in a case involving TV rights for a series of cyclocross competitions (Telenet)
Belgian Competition Authority (Brussels)
The Competition College of the Belgian Competition Authority has imposed on the 5th of November 2015 provisional measures with regard to TV rights for the Superprestige cyclocross competition* The v.z.w. Verenigde Veldritorganisatoren (the organizer) and Telenet concluded an agreement granting (...)

The French Competition Authority rejects the request for interim measures taking the form of a suspension of a network sharing agreement between two mobile phone companies (Orange / Bouygues Telecom and SFR)
French Competition Authority (Paris)
* Press release originally published on the official website of the French Competition Authority. The title above has been amended in order to match the e-Competition format. The Autorité de la concurrence refuses to suspend the network sharing agreement signed between Bouygues Telecom and SFR* (...)

The Irish Competition Authority obtains an undertaking from the Irish Medical Association (The Irish Medical Organization)
Queen’s University Belfast
On May 28, 2014 the Irish Medical Organisation (IMO) provided an undertaking to the Irish High Court that the Medical Association would not: organise or recommend the collective withdrawal of services or boycotts by its members (i) as a means of influencing the Minister for Health and/or the (...)

The Australian Competition and Consumer Commission grants interim authorisation for collective negotiations between coal producers (Tanna Coal Export Terminal Producers / GPC)
Australian Competition and Consumer Commission
Coal producers granted interim authorisation for collective negotiations* The Australian Competition and Consumer Commission has granted interim authorisation for the RG Tanna Coal Export Terminal Producers (the applicants) to collectively negotiate with Gladstone Ports Corporation (GPC). The (...)

The Brussels Court of Appeal annuls decisions of the President of the Competition Council requiring leading diamond supplier to continue supplying Belgian diamond trader (De Beers / Spira)
Van Bael & Bellis (Brussels)
On 26 March 2013, the Brussels Court of Appeal annulled three decisions of the President of the Competition Council who had extended the preliminary measures requiring leading diamond supplier De Beers to continue supplying rough diamonds to Belgian diamond trader Spira. The Brussels (...)

The Belgian President of the Competition Council rejects a request for interim measures in a case regarding cooperation between prisons and sheltered workshops (Comptoir de Russie)
European Commission
Belgium: No Interim Measures in Case regarding Cooperation between Prisons and Sheltered Workshops* On 23 March 2013, the President of the Competition Council rejected a request for interim measures in a case regarding an agreement fixing the terms of cooperation between prison workshops (...)

The President of the Belgian Competition Authority dismisses a request for interim measures regarding the termination of a contract for services in the penitentiary labour sector (Comptoir de Russie v. Régie du Travail Pénitentiaire)
Philippe & Partners (Brussels)
I. The Parties Comptoir de Russie sprl (hereinafter “National2International” or “N2I”) is a limited liability company offering service contracts to final clients for the execution of low-qualified manual services. Régie du Travail Pénitentiaire (hereinafter “RTP”) is a public entity organizing (...)

The Danish Parliament amends the competition act
European Commission
Denmark: Competition Act amended* On 19 December 2012, a revised competition act was adopted. The amendments that come into force on 1 March 2013 are compiled in the Consolidated Act No. 23 of 17 January 2013. The legal framework for sanctioning infringements of the Danish competition act is (...)

The Swedish Competition Authority issues an interim order prohibiting national elite ice hockey league from boycotting players from North America’s national hockey league (Svenska Hockeyligan)
European Commission
Sweden: The Swedish Competition Authority issued an interim order prohibiting Svenska Hockeyligan AB, Sweden’s elite ice hockey league, from boycotting players from North America’s National Hockey League* On 20 September 2012, the Swedish Competition Authority (SCA) issued an interim order (...)

The Hellenic Competition Commission issues an interim measures order prohibiting a collective boycott by a pharmacists association (Infant Milk)
Bank of Greece
Introduction On 27 July 2012, the Hellenic Competition Commission (Elliniki Epitropi Antagonismou, hereafter: HCC) issued an interim measures order prohibiting the implementation of a collective boycott relating to infant milk products of certain companies. The boycott was adopted by the (...)

The Hellenic Competition Commission finds a pharmacists association guilty of concerted agreements and grants interim measures (Pharmacists Association of Achaia)
European Commission - DG Internal Market and Services
Introduction On June 22, 2012 the Hellenic Competition Commission found the Pharmacists Association of Achaia, whose members are all the owners of pharmacies in Achaia, (hereinafter: PAA), the Pharmacists Union of Achaia and Islands (hereinafter: PUAI), Panagiota Karousos-Akrivi Asprogeraka (...)

Brussels Court of Appeal partially reforms interim measures decision of the President of the Belgian Competition Council in that it limits the duration of the obligation to supply on the diamant market ( De Beers, Spira BVBA)
Stibbe (Brussels)
I. The Facts The judgment of the Brussels Court of Appeal is one of a long line of decisions and court rulings taken by the European Commission, national competition authorities, the General Court and the Court of Justice concerning De Beers’ decision to alter its distribution system for rough (...)

The Argentinian Secretariat of National Commerce holds a leading sports broadcaster’s contractual conditions anti-competitive under national legislation and awards a cable television provider interim injunctive relief (Telecentro/Fox Sports Latina America)
Complainant Telecentro S.A., a cable television provider, was awarded interim injunctive relief by the Secretariat of National Commerce acting on findings from the national competition authority that Fox Sports Latin America S.A. breached art. 2 of the Ley 25.156 on the protection of (...)

The Spanish CNC fines five main electricity companies in Spain and industry association for anticompetitive practices extending the application of the "Sham litigation" doctrine (E.On España, UNESA)
Garrigues (Brussels)
The Spanish CNC at the avant-garde of competition enforcement?* In a previous post that appeared on Chillin’Competition we referred to the Spanish Competition Authority’s decision sanctioning the main Spanish electricity companies with fines totaling some 61 million euros as a good illustration (...)

The Belgian Competition Council imposes interim measures on leading diamond company (De Beers, Diamond Trade)
Liège University - IEJE
,
Linklaters (Brussels)
1. The Parties Spira is a ‘sightholder’(a company purchasing rough diamonds). De Beers is the world leading company in the mining and trading of diamond. De Beers UK Limited - formerly The Diamond Trading Company Limited - and Diamdel NV are part of the De Beers Group. Diamond Trading Company (...)

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

The Croatian Administrative Court upholds the decision of the NCA imposing interim measures following an assessment of the unilateral termination of the motor vehicle distribution agreement (Tomić)
University of Technology (Tallinn)
On 27 January 2010 the Croatian Administrative Court upheld the decision of the Croatian Competition Authority (AZTN) imposing interim measures in the case of unilateral termination of the agreement on selective distribution of BMW automobiles. The applicant, Tomić & Co. d.o.o. (Tomic) was (...)

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

The Dutch Court of First Instance of Arnhem holds, in interlocutory proceedings, that a non-compete clause concluded in a franchise agreement, which was not exempted under the vertical agreements and concerted practices Regulation was enforceable (Bruna)
European Commission - DG HR
,
European Court of Justice (Luxembourg)
In March 1999, a franchise agreement was concluded for a period of five years between Bruna, the franchisor, and the defendant in this case, the franchisee. After renewal in 2004, this agreement was prolonged until 1 August 2009. The defendant was given the right to use the Bruna system for the (...)

The Croatian Competition Authority imposes interim measures following an assessment of the unilateral termination of the motor vehicle distribution agreement (Simatic v. Tomic)
University of Technology (Tallinn)
Summary The Croatian Competition Authority ordered the exclusive importer of the BMW automobiles into Croatia Tomic & Co. d.o.o. to include its former distributor and repair service provider Simatic d.o.o. in the network of authorized spare parts retailers and repair service providers. (...)

The Paris Court of appeals confirms the NCA’s interim measures preventing exclusive rights regarding the distribution of the iPhone (Apple - Orange - France Télécom)
White & Case (Paris)
,
Reseau de transport d’electricite (RTE)
In a decision dated 4 February 2009, the Paris Court of Appeals confirmed decision n° 08-MC-01 of the French Competition Council concerning practices implemented in the distribution of iPhones. This decision was anxiously awaited by mobile phone operators competing with Orange and which began (...)

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

The Croatian Competition Authority imposes interim measures following an assessment of the motor vehicle exclusive distribution agreement (Adria Lada v. SPID)
University of Technology (Tallinn)
Summary The Croatian Competition Authority (Agencija za zaštitu tržišnog natjecanja) (AZTN) following a complaint launched by SPID d.o.o. obliged the official distributor of “Lada” automobiles in Croatia ADRIA LADA d.o.o. to publicly announce the criteria it applies for certification of the service (...)

The French Competition Authority orders the suspension of the iPhone exclusivity on the basis of Art. 81 EC (Bouygues Telecom/Apple-Orange)
French Competition Authority (Paris)
The Conseil de la concurrence considered that the agreements entered into between Orange and Apple were likely to introduce further rigidity, to increase consumer captivity due to smartphones attraction and, through the implementation of a differentiation strategy, to reduce competition in a (...)

The French Competition Council rejects a request for interim measures relating to alleged anti-competitive practices between a joint venture a and one of its parent companies on port facilities (AP Moller-Maersk / Port of Le Havre)
Herbert Smith Freehills (Paris)
,
Tech Data
Background This case arose out of the "Port 2000" initiative, a project which was initiated in the 1990s with the aim of tripling the capacity of the port at Le Havre by adding new berths and several terminals. Global shipping company AP Moller-Maersk ("APMM") and Perrigault group, a French (...)

The Italian Competition Authority decides not to adopt an interim measure against some batteries smelters investigated for cartel conducts (COBAT and others)
Bonelli Erede (Rome)
On 24 July 2008, the Italian Competition Authority (the ICA or AGCM) decided not to adopt interim measures against COBAT (the Italian consortium for the collection and recycling of used batteries) and some other battery smelters that had been investigated for breaching Article 2 of Law 287/1990 (...)

The Belgian Prosecutor refuses request for preliminary measures in pharmaceutical “refusal to supply” case (Bofar)
Altius (Brussels)
,
Johnson & Johnson (Brussels)
Decision On 26 March 2008, the Belgian Prosecutor refused a request for preliminary measures made by Bofar NV (‘Bofar’). In December 2007, Bofar had filed a complaint against nine pharmaceutical companies for infringing Articles 81 and 82 EC Treaty and their Belgian equivalents, Articles 2 and 3 (...)

The Supreme Court of Cyprus holds that the Commission for the Protection of Competition doesn’t have to conduct a preliminary investigation for the issue of interim orders (Hellenic Petroleum)
Neocleous
Factual Background The present recourse follows a decision by the Cyprus Commission for the Protection of Competition by which the applicants were ordered, by way of interim order to supply seamlessly with petrol, the petrol station of Antonakis Loizou (interested party to the present (...)

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

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

A Dutch Court decides, in an interlocutory proceeding, that the nullity of a price-fixing clause brings along the nullity of the franchise agreement as a whole, including its non-compete clause (Make It Easy)
European Commission - DG HR
,
European Court of Justice (Luxembourg)
Several franchise agreements were concluded between Make It Easy B.V. and Make It Easy Reality B.V. (hereafter the franchisers) on the one hand, and Make it Easy Gelderland V.O.F as well as other undertakings (hereafter the franchisees), on the other. According to these franchise agreements, (...)

A Spanish Appeal Court removes the bid’s suspension on the basis that the agreement does not potentially infringe Art. 81.1 EC (Gas Natural/Iberdrola/Endesa)
European Court of Justice (Luxembourg)
,
Garrigues
The "e-Competitions" bulletin has reported on a number of occasions on the aftermath of the takeover bid announced on 5 September 2005 by Gas Natural, the most important Spanish gas provider, for Endesa, Spain’s biggest utility . The present case is just another step in this complex saga, but an (...)

The Madrid Commercial Court of appeal lifts interim measures having blocked a key merger on the basis of alleged anticompetitive agreement (Gas Natural/Endesa)
Background The Gas Natural vs. Endesa battle continues before the Spanish courts. On June 2006, a commercial court in Madrid “provisionally” halted the takeover bid launched by Gas Natural more than 17 months ago. This decision was adopted in the proceedings brought by Endesa to challenge the (...)

The Italian Antitrust Authority imposes the Italian Banks Association to withdraw its interpretative circular relating to the new provisions on the unilateral changes of banking contractual conditions (ABI)
Studio Legale DDPV
,
Luciani Annalisa Sudio Legale
On 14 September 2006, the Italian Antitrust Authority (the “Authority”) started an in depth investigation (the “Decision”) to ascertain whether the circular, distributed by the Italian Banks Association (“ABI”) on 7 August 2006, and dealing with the application of new rules on unilateral changes to (...)

The Finnish Competition Authority grants for the first time immunity from fines for a cartel whistleblower (Oy Arwidson Ab, HL Group Oy, Koivunen Oy...)
Dittmar & Indrenius
,
Krogerus
The Finnish Competition Authority (“FCA”) has for the first time granted immunity from fines to a cartel member who, according to the Finnish leniency programme provisions, had come forward and revealed an alleged cartel on the Finnish vehicle spare parts wholesale market (the so-called (...)

The UK High Court holds that an unlawful non-compete clause cannot be severed from the exclusive distributorship agreement if such severance would destroy the fundamental nature of the agreement (Courage)
UK Competition and Markets Authority (CMA) (London)
A. Introduction In its judgment of 1 March 2006 the England and Wales High Court (Commercial Court) ("the High Court") made an important ruling on the severability of a non-competition clause in the context of the termination of an exclusive distributorship agreement. The High Court held that (...)

A Spanish commercial court suspends Gas Natural’s bid for Endesa on the basis of an alleged anticompetivive agreement contrary to Art. 81.1 EC (Gas Natural / Endesa)
Associated British Foods (London)
,
Freshfields Bruckhaus Deringer (Madrid)
Introduction Gas Natural’s hostile bid for Endesa is Spain’s largest ever takeover, and the bid is growing more hostile by the day. Endesa has filed more than 12 claims or appeals before the Spanish, EU and US courts in an attempt to block the deal. In this context, on 25 November 2005, Endesa (...)

The Court of Amsterdam orders a new entrant to cease actively soliciting the clients of the telecommunication incumbent on the ADSL market under a penalty of 5000 € (Wanadoo/KPN)
European Commission - DG HR
,
Dutch Ministry of Security and Justice
KPN, the Dutch historical telecommunication operator, owned an ADSL network through which it provided “fast ip access” to other internet service providers. “Fast ip access” enabled other internet service providers to provide their services to end-users. Wanadoo is an Internet service provider which (...)

The Spanish Supreme Court rejects the action against the NCA’s interim measures fining € 3 M price fixing in the framework of “non-genuine” agency agreements (Repsol)
London School of Economics
On 11 July 2001, the Tribunal de Defensa de la Competencia (hereinafter, “the NCA”) adopted a decision (“resolución”) in which it found that Repsol, S.A. (now Repsol YPF, S.A., hereinafter referred to as “Repsol”) acted in breach of Article 1(1) of the Spanish Competition Act. More precisely, the NCA (...)

The French Competition Authority rejects a request for interim measures submitted to address alleged competition concerns in the sector for on-line travel deals (Lastminute.com)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. On-line travel deals - The Conseil de la concurrence rejects a request for interim measures submitted by the company Lastminute.com, but pursues the investigation of the case on the merits.* On 25th June (...)

The French Competition Authority hands down interim measures in the ADSL television sector (France Télécom / TPS)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Conseil de la concurrence hands down interim measures in the ADSL television sector.* In its decision 04-MC-01 of 15th April 2004, the Conseil de la concurrence handed down interim measures against the (...)

The French Competition Authority orders interim measures to address competition concerns in the press distribution sector (NMPP)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Conseil de la concurrence announces interim measures concerning NMPP.* In a decision dated 22 December 2003, the Conseil de la concurrence, following a case filed by Messageries Lyonnaises de presse (...)

The European Commission rejects an application for interim measures lodged by luxury car manufacturer concerning possible abuses of trademark rights (Vickers, Rolls-Royce)
Studio Legale Clarizia
"Vickers/Rolls-Royce"* On 6 April 1998, the Commission adopted a Decision rejecting an application for interim measures lodged by Vickers PLC. On the occasion, it pointed out that, at the stage of a prima facie appraisal, the assessment under competiton law of a clause granting the trade mark (...)

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

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

Dominance

The Belgian Competition Authority rejects a request for interim measures on the pharmaceutical market (Medicare-Market group)
Belgian Competition Authority (Brussels)
The Belgian Competition Authority (BCA) has rejected a request for interim measures of the Medicare-Market group* The SA Medicare-Market (hereafter Medicare-Market) filed on 2 June 2016 a complaint against the Order of Pharmacists and requested interim measures on 28 April 2017. The (...)

The French Competition Authority dismisses a complaint of a railway company accusing the incumbent of abuse of dominance (TRANSDEV)
French Competition Authority (Paris)
The Autorité de la concurrence examines the state of competition in the coach transport sector and dismisses the complaint lodged by TRANSDEV against SNCF* Having been referred to by TRANSDEV GROUP (TRANSDEV) regarding practices implemented by the SNCF group in the intercity coach transport (...)

The Belgian Competition Authority rejects a request to suspend an acquisition that was not subject to prior notification in the brewery sector (Alken-Maes / Boatels / AB InBev)
Van Bael & Bellis (Brussels)
On 21 November 2016, the Competition College of the Belgian Competition Authority (“BCA”) rejected a request of Brouwerijen Alken-Maes (“Alken-Maes”) to suspend the acquisition of Brouwerij Bosteels (“Bosteels”) by Anheuser-Busch InBev NV (“AB InBev”). AB InBev’s takeover of Bosteels was not subject (...)

The Italian Competition Authority grants an interim injunction to allow the carrying out of a competitive tender procedure in the public local transport services sector (Gara TPL Padova)
Desogus Law Office (Cagliari)
The Italian Competition Authority (ICA) has recently opened an Article 102 TFEU investigation in the case Gara TPL Padova concerning a competitive tender procedure for the selection of a local public transport operator . Later, on the basis of Article 14-bis of the Italian Competition Act no. (...)

The French Competition Authority imposes several interim measures on an energy provider suspected of abuse of dominance (Engie)
French Competition Authority (Paris)
The Autorité de la concurrence issues several urgent interim measures on Engie so that the price of some of its market offers to business customers reflects its costs.* In brief Last October, Direct Enrgie made a referral to the Autorité de la concurrence. In particular it reported that (...)

The Croatian Competition Agency adopts interim measures aiming at ending abusive behaviour implemented by an undertaking in the burial service market (Flora VTC)
Croatian Competition Agency
Proceeding and interim measure for undertaker Flora VTC* Within the proceeding against the undertaker Flora VTC from Virovitica the CCA will establish whether the undertaking in question has been engaged in abusive behaviour on the basis of the applicable Prices for Funeral Services in the (...)

The Hellenic Competition Authority issues a provisional order against an undertaking suspected of abuse of dominance in the markets for the production and trade of electricity (Aluminium)
Hellenic Competition Authority (Athens)
Adjournment of hearing of interim measures and issuance of provisional order against PPC SA* The Hellenic Competition Commission (HCC) has deferred the hearing of the case concerning ex officio adoption of interim measures against Public Power Corporation S.A. Greece (PPC) until September (...)

The Belgian Competition Authority provisionally suspends an exclusivity clause of the general regulations of an international equestrian federation (FEI)
Belgian Competition Authority (Brussels)
The Competition College of the Belgian Competition Authority imposed on 27 July 2015 on the Fédération Equestre Internationale (FEI) as a provisional measure the partial suspension with regard to the Global Champions League of the Exclusivity Clause in the article 113(4)-(6) of its General (...)

The English High Court awards the claimant in an abuse of dominance case an injunction to prevent a service being discontinued (Packet Media / Telefónica)
Simmons & Simmons (London)
The English High Court has awarded the claimant in an abuse of dominance case an injunction to prevent a service being discontinued - once the claim had been amended over the weekend after an unfinished hearing. In brief Working through the weekend proved worthwhile for Packet Media Limited (...)

The Belgian Competition Authority dismisses a complaint of an independent rough diamond dealer because of the low likelihood of finding an infringement taking into account the international context of the file (De Beers and Spira)
Belgian Competition Authority (Brussels)
The Prosecution body of the Belgian Competition Authority decides to dismiss the complaint of Spira against De Beers* The Prosecution body of the Belgian Competition Authority has decided to dismiss a complaint of Spira against De Beers. This decision is motivated by the priority management of (...)

The French Competition Authority orders interim measures against a gas provider and enjoins it to grant its competitors access to some of the data in its historic file (GDF Suez / Direct Energie)
French Competition Authority (Paris)
Press release published on the official website of the French Competition Authority. The Autorité de la concurrence orders GDF Suez to grant its competitors access to some of the data in its historic file.* This access will enable competitors of GDF Suez to compete with the incumbent operator (...)

The French Competition Authority orders interim measures against a TV company on the exclusive rights for the broadcasting of Top 14 matches market (Canal Plus / beIN Sports)
French Competition Authority (Paris)
Broadcasting rights for the French Rugby 1st Division Championship* Following a referral by beIN Sports, the Autorité de la concurrence suspends the agreement concluded between the French Rugby national League and Group Canal Plus which awarded the latter exclusive rights for the broadcasting (...)

The Belgian Competition Authority imposes interim measures on a car manufaturer to allow a former concessionaire to continue trading as an independent repairer (BMW)
Simmons & Simmons (Brussels)
,
Simmons & Simmons (Brussels)
On 11 July 2014, the Belgian Competition Authority adopted interim measures under the new interim measures procedure for the first time. The measures order BMW to take the necessary steps to allow a former BMW and MINI concessionaire to continue its business as an independent repairer. Under (...)

The England and Wales Court of Appeal refuses interim injunction against alleged refusal to deal as claimant failed to identify any market on which the defendant could conceivably be dominant (Chemistree Homecare / Abbvie)
St John’s Chambers
United Kingdom: interim injunctions in competition litigation* Private competition litigation is continuing to develop in the United Kingdom. The courts and the Competition Appeal Tribunal are seeing an increase in the number and complexity of follow-on damages actions, often between foreign (...)

The England and Wales High Court grants interim injunction ordering defendant bank to continue providing financial services given threat of irreparable harm to claimants (Dahabshiil Transfer Services / Barclays Bank)
St John’s Chambers
United Kingdom: interim injunctions in competition litigation* Private competition litigation is continuing to develop in the United Kingdom. The courts and the Competition Appeal Tribunal are seeing an increase in the number and complexity of follow-on damages actions, often between foreign (...)

The Finnish Market Court issues interim decision in a predatory pricing case concerning the dairy products sector (Valio)
University of Helsinki
The Finnish Market Court has issued an interim decision in a major predatory pricing case. The case concerns a decision and proposal for imposing fines by the Finnish Competition Authority on 20.12.2012. In its decision, the Competition Authority ordered Valio Ltd, a Finnish processed dairy (...)

The French Competition Authority declines to impose emergency measures on the passenger transport sector (Transdev / SNCF)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence declines to impose emergency measures against SNCF, but will continue to investigate the merits of TRANSDEV’s complaint*. TRANSDEV filed a complaint with the Autorité de la (...)

The England and Wales High Court refuses interim injunction against the refusal to grant access to airport coach terminal even though arguable case of abuse made out as damages would be an adequate remedy if abuse established at trial (Arriva The Shires / London Luton Airport Operations)
St John’s Chambers
United Kingdom: interim injunctions in competition litigation* Private competition litigation is continuing to develop in the United Kingdom. The courts and the Competition Appeal Tribunal are seeing an increase in the number and complexity of follow-on damages actions, often between foreign (...)

The French Competition Authority fines a pharmaceutical company for having implemented a strategy of denigrating the generic versions of its branded drug (Sanofi-Aventis)
European Commission
France: The Autorité de la Concurrence fines Sanofi-Aventis € 40 600 000 for denigrating Generic Versions of branded Drug Plavix* On 14 May 2013, following a complaint from the generics manufacturer Teva Santé, the Autorité de la concurrence (the Autorité) imposed a fine of € 40 600 000 on (...)

The French Competition Authority refuses to issue interim measures regarding alleged practices in the photovoltaic electricity sector (SUN’R / EDF)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence will not issue interim measures against EDF but will pursue its investigation on the basis of the complaint lodged by SUN’R*. The Autorité de la concurrence, following a complaint (...)

The Swedish Market Court annuls interim order prohibiting the ice hockey league association from boycotting players from north america’s hockey league (Svenska Hockeyligan)
European Commission
Sweden: The Competition Authority’s Interim Order prohibiting Hockeyligan from boycotting NHL Players annulled by Swedish Market Court* On 18 December 2012, the Swedish Market Court (the Court) has annulled the Swedish Competition Authority’s (SCA) interim order prohibiting the Swedish ice (...)

The French Competition Authority accepts commitments proposed by French media distribution company and puts an end to its investigations in the press distribution sector (Presstalis)
White & Case (Paris)
Summary of the case In a decision issued on July 12, 2012, the French Competition Authority (hereafter “the FCA”) accepted the commitments proposed by Presstalis, thereby putting an end to a procedure following complaints for abuse of dominant position, without imposing any fine. The (...)

The President of the Belgian Competition Authority adopts interim measures on a warehouse keeper in port of Antwerp (Port Real Estate)
European Commission
Belgium: Interim Measures in Warehouse Coffee Case in Port of Antwerp* On 22 May 2012, the President of the Competition Council of Belgium ordered Port Real Estate (PRE), a warehouse keeper storing inter alia coffee in Antwerp, to maintain a minimum volume of loading out of Robusta coffee (...)

The English High Court grants an interim injunction against the use by private hire vehicles of bus lanes marked for taxis: insufficient connection with EU law (Transport for London)
Matrix Chambers
Taxi wars in London – does EU law have a role to play?* On Thursday of last week the High Court granted Transport for London (TfL) an interim injunction relating to the high-profile raising of the stakes in its battle with Addison Lee (AL), the largest “private hire” (ie minicab) operator (PHO) (...)

The French Competition Authority rejects hardware supplier’s request for interim measures (Hewlett-Packard, Oracle)
Van Bael & Bellis (Brussels)
In a decision of 10 January 2012, the French Competition Authority rejected Hewlett-Packard’s request for interim measures against Oracle. This decision follows a complaint lodged by the Hewlett-Packard Company and Hewlett-Packard France (“HP”) alleging that the Oracle Corporation and Oracle (...)

The French Competition Authority declines to impose emergency measures but will continue to investigate on alleged practices in the markets for corporate servers and relational database management systems (RDBMS) (Hewlett-Packard / Oracle)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence declines to impose emergency measures against Oracle, but will continue to investigate the merits of Hewlett-Packard’s complaint*. Hewlett-Packard Company and Hewlett-Packard (...)

The Belgian College of Competition Prosecutors recommends that interim measures in an abusive refusal to supply case (Dow Agro Science / Desclean)
Van Bael & Bellis (Brussels)
On 28 November 2011, the Belgian College of Competition Prosecutors submitted a reasoned report to the President of the Competition Council recommending that interim measures be taken against Dow Agro Science and Edialux for refusing to supply the chemical product sulfuryl fluoride to (...)

The Irish High Court refuses to grant an injunctive relief to restrain an alleged abuse of dominant position by engaging in predatory pricing
Arthur Cox (Dublin)
This case involves an application for injunctive relief to restrain an alleged breach of Competition Law, namely the abuse of a dominant position under s.5 of the Competition Act 2002 (“the 2002 Act”) by engaging in predatory pricing. Whilst the case started off as a domestic Irish Competition (...)

The Belgian Competition Authority imposes interim measures on leading producer of rough diamonds (De Beers)
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 French Competition Authority accepts the commitments undertaken by a search engine company as regards possible exclusionary conduct on the market for online advertising (AdWords)
Ashurst (Milan)
French Competition Authority makes Google’s commitments in Navx case binding* On 28 October 2010, the French Autorité de la Concurrence (“FAC”) formally accepted and thereby made binding on Google a set of improved commitments (available only in French) which the FAC considered to properly address (...)

The Swedish Competition Authority orders electrical company, subject to a fine, to connect the street and road lightning network installed by the municipality, to the company’s electricity mains (Ekfors)
Vinge (Stockholm)
,
Cosmetics Europe
Introduction In the hope of putting an end to a lengthy dispute whereby the inhabitants of the municipality of Haparanda in the north of Sweden had been regularly deprived of street light during the winter seasons, the Swedish competition authority ordered Ekfors Kraft, subject to a fine, to (...)

The French Competition Authority orders interim measures and assesses commitments to remedy antitrust concerns of abuse of dominance in the online advertising market (Google)
Jones Day (Paris)
Google offers commitments to get off the radar screen* A case involving Google confirms that the French Competition Authority is keen on using a combination of interim measures and commitment proceedings in order help it quickly resolve maters which it perceives as competition issues. This may (...)

The French Competition Authority imposes interim measures in order to ensure that a company providing advertising services, implements its content policy in an objective, transparent and non discriminatory manner (Navx / Google - AdWords)
White & Case (Paris)
Background On June, 30, 2010, following a complaint coupled with a request for interim measures lodged by Navx, the French National Competition Authority (thereafter “NCA”), by way of interim decision, ordered Google Ireland and Google Inc. (hereafter “Google”) to implement in an objective, (...)

The French Competition Authority grants interim measures regarding online advertising system (Navx - Google)
Simmons & Simmons (Paris)
,
Affinion International
In a decision dated 30 June 2010, the French Competition Authority (the "Competition Authority") has considered that Google had implemented the content policy of its AdWords service in a way that lacked objectivity and transparency and resulted in a discriminatory treatment of speed camera (...)

The Düsseldorf Court of Appeals questions the German Federal Cartel Office’s decision imposing the obligation to grant access to essential facilities in the ferry services in interim proceedings (Fährhafen Puttgarden II)
Heinz & Zagrosek (Köln)
The end of access to essential facilities in Germany in practice?* On June 10, 2010, the Düsseldorf Court of Appeals issued a decision that increased the hurdles for obtaining access to essential facilities in Germany in practice (see WuW/DE-R 2941 et seq.). The case concerns interim (...)

The French NCA rejects a claim for interim measures but holds that a pharmaceutical company may be at fault for promoting the differences between its product and competing generic products whereas such differences have no therapeutic value (Sanofi Aventis)
Vogel & Vogel
Since 1998, the Sanofi-Aventis France laboratory has been marketing an antiplatelet medication, Plavix(r), whose intellectual property protection expired on 15 July 2008 in Europe, with the exception of the rights protecting clopidogrel salt used in Plavix(r) and the clopidogrel-aspirin (...)

The French Competition Authority rejects the request for interim measures to address competition concerns on the terrestrial hertzian broadcasting of television programmes by digital signal (Itas Tim / TDF)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence does not declare emergency measures against TDF but continues the investigation on the merits regarding the complaint by Itas Tim.* The company Itas Tim had referred to the (...)

The Swedish Market Court upholds the Competition Authority’s interim order imposing an obligation on an electrical company to provide a potential customer access to its electricity mains (Ekfors)
Vinge (Stockholm)
,
Vinge (Stockholm)
,
Vinge (Stockholm)
Background On February 26, 2010, the Market Court delivered one of its judgments in the long running conflict between the municipality of Haparanda (Haparanda) and the energy company Ekfors Kraft AB (Ekfors). The dispute between the parties mainly concern allegations of abuse of a dominant (...)

An Italian Court of Appeal annuls its precedent injunctive relief against the soccer association for illegitimate award procedures of TV rights for live broadcasts of soccer matches (Conto TV/Lega Calcio)
Italian Competition Authority
,
University Luiss Guido Carli - GRIF (Rome)
,
University Luiss Guido Carli - GRIF (Rome)
Introduction CONTO TV S.r.l. (CONTO TV) is a small broadcasting company operating satellite TV in Italy. LEGA CALCIO is the Italian Soccer Association, entrusted by the Italian law with the task of selling soccer matches audio-television rights of its associates, Serie A and B clubs. On July (...)

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

The Tribunal of Milan holds a decision on the private enforcement of Art. 82 EC concerning cease of purchase of advertising spaces on leading commercial networks (Sky / Mediaset)
University of Turin
On September 16, 2009 Sky Italia S.r.l. has filed a lawsuit under the Art. 700 of the Italian Code of Civil Procedure with the Tribunal of Milan against RTI and Publitalia , both owned by the Mediaset Group, for the infringement of (a) the antitrust principles under Art. 82 of the European (...)

The French Competition Authority orders interim measures against an overseas mobile phone operator (SRR)
French Competition Authority (Paris)
Press release published on the official website of the French Competition Authority. The Autorité de la concurrence imposes emergency measures on SRR in order to re-establish competition on Reunion and Mayotte before the holiday season* After a referral firstly by Orange Réunion and Orange (...)

The French Competition Authority imposes interim measures on a telecommunications operator in overseas territority (SRR)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
On 16 September 2009, the French Competition Authority found that the difference between intra-network and inter-network tariffs charged by mobile operator SRR, a subsidiary of French mobile operator SFR, were prima faciecontrary to Article 82 EC and the equivalent French provision and created (...)

The French Competition Authority rejects request for interim measures in pharmaceutical sector (Ratiopharm, Janssen-Cilag France)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
In a decision of 31 July 2009, which was made public on 7 September 2009, the French Competition Authority rejected German generic pharmaceutical company Ratiopharm‘s request for interim measures against Janssen-Cilag France (“Janssen”), the maker of Durogesic. The move follows a complaint lodged (...)

The Italian Competition Authority is investigating the sale of television rights for soccer matches ("Lega Calcio" - Procedure selettive lega nazionale professionisti campionati)
University of Turin
Since July 22, 2009 the Italian Competition Authority is investigating the sale of lucrative television rights to soccer matches in the country’s top league, Lega Calcio, because it suspects such rights have been packaged to benefit incumbent pay-TV operators and not viewers (Case n° A/418 of (...)

The French Competition Authority orders interim measures against an electricity provider on the photovoltaic solar power market (EDF)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence orders EDF to modify its business communication in such a way as to separate the part relating to its public service activities from that of its subsidiaries involved in the (...)

The French Competition Authority abandons commitments procedure and adopts interim measures in photovoltaic case (EDF)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
On 8 April 2009, the French Competition Authority decided to reject commitments offered by the EDF group («EDF«) – the French electricity incumbent – with respect to the emerging market for photovoltaic electricity (the «photovoltaic market«) and instead to impose interim measures and continue its (...)

The French Competition Authority dismisses application for interim measures against a leading mobile telephony operator in bundling case (Orange)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
On 2 April 2009, the French Competition Authority dismissed SFR‘s application for interim measures against Orange concerning the latter’s bundled offer of its broadband and «Unik« mobile telephony services. Orange‘s «Unik« package is characterised by the convergence between fixed and mobile telephony: (...)

The President of the Belgian Competition Council confirms refusal by the Competition Auditor to adopt interim measures following alleged abuse of dominance by 10 pharmaceutical companies concerning pharmaceuticals parallel imports (Bofar)
Sheppard Mullin (Brussels)
,
Hogan Lovells (Amsterdam)
,
European Court of Justice (Luxembourg)
Introduction On 2 April 2009, the President of the Belgian Competition Council rejected the appeal by Bofar NV ("Bofar") against the decision of the Competition Auditor, which rejected Bofar’s request for interim measures following an alleged abuse of dominance by 10 pharmaceutical companies. (...)

The Portuguese competition authority suspends promotional TV campaign of multimedia operator on the basis of alleged abuse of dominant position (ZON Multimédia)
Sérvulo & Associados
Last January 6th, 2009, the Portuguese Competition Authority (Autoridade da Concorrência - “AdC”) announced that it has ordered the telecoms operator ZON Multimédia to suspend a promotional campaign involving the attribution to its cable TV clients (of ZON/TV Cabo) of a fidelity card conferring the (...)

The Maltese Competition Authority extends interim measures to suspend restrictive practices likely to cause serious, immediate and irreparable prejudice to competition (Melita Cable)
Following the decision of the Commission for Fair Trading (hereinafter referred to as the ‘Commission’) dated 19 May 2006, and in terms of Article 15(7) of Maltese Competition Act, the Director of the Office for Fair Trading (hereinafter referred to as ‘Director’) and a competitor (Multiplus (...)

The French Competition Council refuses to impose interim measures to facilitate the roll out of fiber to the home networks in France (Free / France Telecom)
Magenta (Paris)
On July 2nd, 2007, Free filed a complaint against France Telecom before the French Competition Council in order to have access to the incumbent’s ducts to roll out its optical local loops for residential customers. This complaint took place in a context where the main French residential (...)

The Paris Court of Appeal confirms interim measures imposed by French NCA in an abuse of dominance case in the generic pharmaceutical sector (Arrow / Schering-Plough)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
On 5 February 2008, the Paris Court of Appeal rejected Schering-Plough’s appeal against the French Competition Council’s interim decision of 11 December 2007. In that decision, the Competition Council had ordered Schering-Plough to publish a text in two medical magazines confirming the (...)

The President of the Luxembourg Competition Council adopts the first conservatory measures against the telecommunications incumbent regarding alleged abusive bundling of fixed-line telephone, mobile telephone and high-speed Internet access (Entreprise des Postes et Télécommunications)
MOYSE BLESER law firm
On 22 January 2008, the President of the Competition Council (Council) handed down an 83-pages decision, for the first time after the law of 17 May 2004 on competition (Law on competition) came into force, imposing a limited number of conservatory measures on the public entity Entreprise des (...)

The Brussels Court of Appeal annuls the interim decision of the President of the Competition Council on the telecom incumbent’s bundled tariffs (Belgacom)
Oracle (Brussels)
Background information Belgacom used to be the autonomous public-sector company that ruled the government monopoly in telecommunications. This was the case until 1994, when the company changed into a “société anonyme”, and the liberalization of the telecom sector was initiated (which was fully (...)

The French Competition Authority orders interim measures particularly to address denigration practices implemented in the pharmaceutical sector (Arrow / Schering-Plough)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Conseil de la concurrence orders Schering Plough laboratory to remind doctors and pharmacists the exact bioequivalence of its brand name drug Subutex® with competing generic drugs* Following a complaint (...)

The French Competition Council renders a landmark interim decision on competition between princeps and generics (Arrow / Schering-Plough)
Fréget - Tasso de Panafieu Avocats (Paris)
,
Novartis (Basel)
By a decision of 11 December 2007, the Competition Council issued yet another decision concerning the (difficult) competition between princeps and generics at the time when the latter enter a market which becomes accessible upon expiry of the former’s intellectual property rights. Although this (...)

The UK High Court grants an interim order requiring a dominant telephone operator to engage in conduct which will enable the complainant to launch a new mobile telephony service (Software Cellular Network / T-Mobile)
King’s College (London)
Introduction and Background to the Claim In Software Cellular Network Limited v. T-Mobile (UK) Limited, the High Court, found that the applicant, which trades as Truphone, had made out an arguable case that the respondent, T-Mobile, had violated section 18 of the Competition Act 1998 (modelled (...)

The UK High Court of Justice (Chancery Division) holds "serious and arguable” a request for interim measures based on alleged abuse of dominant position on the VoIP mobile telephone service market (Software Cellular Network / T-Mobile)
Pinsent Masons (London)
This case involved an interim application from Software Cellular Network Limited (trading under the name Truphone (“Truphone”) to the High Court of England and Wales on 11 July 2007. Truphone sought an injunction against T-Mobile (UK) Limited (“T-Mobile”) requiring it to activate Truphone (...)

The French Competition Authority orders interim measures to address practices implemented by the incumbent operator on the terrestrial broadcasting of FM radio stations and analogical and digital TV sector (Towercast / TDF)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Terrestrial broadcasting of FM radio stations and analogical and digital TV: The Conseil de la concurrence orders TDF to propose to towerCast a new wholesale hosting offer for broadcasting FM from the Eiffel (...)

The Turkish Competition Board takes interim measures against the telecommunications incumbent on alleged predatory pricing on internet broadband access whitout waiting for the telecommunications regulator’s opinion (TTNet / A.S.)
Jones Day (Paris)
,
Gide Loyrette Nouel
Pursuant to Article 6 of the Law on the Protection of Competition n° 4054 (the “Law”), abuse of dominant position is prohibited. It is forbidden, pursuant to paragraph (a) of Article 6 “to prevent, directly or indirectly, other undertakings in its area of commercial activities or practices which (...)

The French Competition Authority orders interim measures aiming at ending the eviction practices of the French incumbent on the market of engineering, consultancy and checking of private telephone installations (Solutel / France Télécom)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Conseil de la concurrence orders France Télécom to end its eviction practices on the market of engineering, consultancy and checking of private telephone installations.* Following a referral of November (...)

The European Court of First Instance confirms packaging recycling system incumbent’s abuse of dominance (Duales System Deutschland)
European Commission - Secretariat General
,
European Commission - DG COMP
"The Court of First Instance confirms Duales System Deutschland’s abuse of dominance in the packaging recycling system"* I. Introduction On 24 May 2007 the CFI fully upheld two Commission decisions adopted in 2001 concerning the agreements set up by the German system for the collection and (...)

The French Competition Authority imposes interim measures to address practices implemented by the incumbent operator on the sector of terrestrial analogical broadcasting of TV services (Emettel / TDF)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Terrestrial analogical broadcasting of TV services: Conseil de la concurrence imposes interim measures against TDF and orders not to prevent TV channels from entrusting to other operators the broadcasting of (...)

The French Competition Council imposes interim measures to the incumbent to safeguard competition on the electricity supply market requesting modification of termination of exclusivity clause (KalibraXE / EDF)
Hewlett Packard (Boulogne-Billancourt)
On 25 April 2007, the French Competition Council ("Conseil de la concurrence") imposed interim measures on Electricité de France ("EDF"), which is historically the national operator, following a referral by KalibraXE. Background KalibraXE was created in August 2005. This new operator does not (...)

The French Competition Council orders the electricity incumbent to amend early termination clauses in supply contracts (EDF)
Kramer Levin Naftalis & Frankel (Paris)
,
Eversheds Sutherland (Paris)
,
Eversheds Sutherland (Paris)
Background and facts Pursuant to Directive 96/92/EC and subsequently Directive 2003/54/EC, all non-household customers (i.e. any natural or legal persons purchasing electricity which is not for their own household use) became eligible customers as of 1st July 2004, meaning that they are free (...)

A Belgian commercial court holds as abusive a refusal to let a team participate in important cycling races (GCA/ASO)
Arendt & Medernach (Luxembourg)
,
NautaDutilh (Luxembourg)
Factual background On 23 April 2007 the commercial court of Liège (“Tribunal de commerce”) handed down a decision in a case between the Swedish cycling team Green Cycle Associates (“GCA”) and Amaury Sport Organisation (“ASO”). ASO is a French undertaking that organises several major cycling events, (...)

The French Competition Authority refuses to order interim measures regarding alleged eviction practices implemented in the sector of shipping transport between Corsica and the continent (CMN / SNCM)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Renewal of public service delegation contract / Corsica-Marseilles: New referral by Corsica Ferries: Conseil de la concurrence does not order interim measures but decides to continue the examination on the (...)

The UK Hight Court rules on interim unjunction for an alleged unlawful refusal to supply in the pharmaceutical sector (AAH Pharmaceuticals/Pfizer-UniChem)
King’s College (London)
This note considers one of the two cases recently heard by the “ordinary” courts (the High Court and Court of Appeal) (See also A. Jones, The UK Court of Appeal rejects an allegation of unreasonable refusal to supply and unlawful discriminatory pricing (Attheraces/British Horseracing Board), (...)

The Turkish Competition Board fines 5 M euro an abuse of dominant position by applying the “essential facility” doctrine in the energy distribution sector (Enerjisa and Toros/CEAS)
Jones Day (Paris)
By a decision held on February 8th, 2007, the Turkish Competition Board confirmed its legal analysis carried out in a previous decision held in 2003, relating to the behaviour of an operator managing an electricity distribution network. Such behaviour was found to constitute an abuse of (...)

The Belgian Competition Council rejects a request for interim measures against alleged abuse of dominant position on the beer market (Inbev/Jupiler)
VMMa
The Belgian Competition Council has been seized on an alleged abuse of dominante position by Inbev, the biggest brewery of Belgium, owner of the Jupiler brand. In the first trimester of 2006 Inbev decided to introduce new Jupiler glasses. According to the claimants, the Flemish and Walloon (...)

The UK Competition Appeal Tribunal concludes that a statutory water provider abused its dominant position by margin squeezing on the market for transportation and treatment of non-potable water (Albion Water)
European Commission
Facts Albion Water ("Albion") is a statutory water provider based in Wales, which is licensed to provide non-potable water to an industrial client ("Shatton Paper"). The water in Wales is transported through a water transportation faclity ("Ashgrove System"), which is exclusively owned by (...)

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

The UK Competition Appeal Tribunal grants interim damages of £ 2 M in a case of abusive drugs price setting (Healthcare at Home / Genzyme)
Hogan Lovells
Background GenzymeLimited ("Genzyme”) is the manufacturer of Ceredase and Cerezyme, drugs used in the treatment of Gaucher disease. Genzyme also provided home care services to administer its drugs. The home care services were initially subcontracted, firstly to Caremark and then to Healthcare (...)

The French Competition Authority orders interim measures to address anticompetitive practives in the sector of collective nursery (Bouc’choux)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Sector of collective nursery: The Conseil de la concurrence orders association managing nurseries (Bouches-du-Rhône département) to suspend application of amendment to employees’ work contract to ensure good (...)

The UK Office of Fair Trading issues interim measures direction pending completion of investigation for alleged predatory pricing and exclusionary price discrimination of the London Metal Exchange (LME)
Sanoma
,
European Commission - DG COMP
The Office of Fair Trading (OFT) has issued an interim measures direction to the London Metal Exchange (LME) under section 35 of the Competition Act 1998. This is the first time that the OFT has employed these powers. The interim measures direction prevents LME from extending the trading hours (...)

The French Competition Authority orders interim measures to address anticompetitive practices implemented in the press distribution sector (NMPP & SAEM-TP)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Press distribution: The Conseil de la concurrence orders NMPP and SAEM-TP to temporarily suspend the application of a new interprofessional protocol reached with press distributors.* In September 2005, the (...)

The Polish Competition Authority adopts interim measures to protect competition in the national daily newspaper market for sports news (Marquard Media Poland, KTK Sport, ?Przeglad Sportowy’)
French National Research Agency (ANR)
The interim measures decision commented here was rendered on January 3, 2006 by the Polish Competition Authority - the President of the Office of Competition and Consumer Protection (hereafter, “OCCP President”) - in order to prevent plausible serious and hard-to-remove threats to competition in (...)

The UK Competition Appeal Tribunal considers the appropriate tests to apply in an interim decision regarding abuse of dominant position in pricing access to a water distribution channel in the context of the regulated UK water industry (Albion Water)
Paul Hastings (London)
The case commenced in 2001 and the instant decision relates to an appeal by an inset water undertaking (i.e. a local retailer of water services), Albion Water Limited (“Albion”) against a decision of the Director General of Water Services (the “Director”). The decision was to the effect that a (...)

The UK Competition Appeal Tribunal makes an interim judgement in an appeal against a water industry regulator decision on alleged abuse of dominant position (Albion Water)
FTI Consulting (London)
Competition Appeal Tribunal, Interim Judgment, 22 december 2005, Albion Water Limited v. Director General of Water Services (Dwr Cymru/Shotton Paper), Case n° 1046/2/4/04 [2005] CAT 40 The Competition Appeal Tribunal (“the Tribunal”) has made an interim judgment in an appeal against a decision (...)

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

The Polish Competition Authority adopts interim measures against the telecommunication incumbent for alleged abuse of its dominant position on the market of domestic and international phone calls (Telekomunikacja Polska - TPSA)
French National Research Agency (ANR)
,
Orrick, Herrington & Sutcliffe (Washington)
The interest in this decision stems from the fact that it is concerned with the adoption of interim measures, a remedy recently introduced in Polish law. In August 2005, Netia S.A., an operator alternative to Telekomunikacja Polska S.A., the historic operator in Poland (hereafter, “TP S.A.”), (...)

The Italian Competition Authority adopts an interim measure ordering that a firm, dominant in the market for the production of a certain antibiotic, must grant a license for the production of a key ingredient of the antibiotic (Merck - Carbapenem)
Shearman & Sterling (Rome)
Merck manufactures, and holds the patent of, a key active ingredient necessary for the production of an antibiotic (carbapenem) used in the treatment of particular types of infection. Merck’s patent rights have expired in most European countries and outside the EU (except the US) but, due to the (...)

The Italian Competition Authority launches an investigation in the pharmaceutical sector for generics under Art. 82 EC (Merck-Principi attivi, Imipenem Cilastatina)
Studio Legale DDPV
,
Studio Legale
The “Autorità Garante della Concurrenza e del Mercato” - the Italian national competition authority (the “Authority”) - recently started an investigation in the pharmaceutical sector under article 82 of the EC Treaty. The issue is to determine whether Merck is in a dominant position in the market (...)

The Spanish Telecommunications Authority closes proceedings for interim relief considering that Teléfonica’s commercial strategy for the launch of its pay-TV services is not a tying practice within the meaning of Art. 82 EC (Servicio Imagenio)
London School of Economics
Telefónica de España, S.A.U. (hereinafter, “TESAU”) is a 100% owned subsidiary of Grupo Telefónica, the Spanish incumbent in the telecommunications sector. Under the commercial name “Línea Imagenio”, TESAU provides broadband Internet access and pay-TV services, including video-on-demand as well as (...)

The French Competition Authority rejects a request for interim measures regarding practices in the sector for advertising displays on the rail network and in the sector for passengers transport between Paris and London (Eurostar, SNCF & France Rail Publicité)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Complaint by British Airways against Eurostar, the SNCF and France Rail Publicité. The Conseil de la concurrence rejects the request for interim measures filed by British Airways.* On 18th November 2004, the (...)

The Italian national competition authority finds pharmaceutical companies guilty of abuse of dominant position and imposes a drug production license (Merck - Glaxo)
Studio Legale DDPV
,
Studio Legale
The Italian national competition authority (“INCA”) recently opened an in-depth investigation in the pharmaceutical sector, for breach of art. 82 of the EC Treaty. This is the first time that the INCA imposes interim measures according to art. 5 of Council Regulation n° 1/2003, of 16 December (...)

The Italian competition authority imposes for the first time interim measures on the basis of Art. 82 EC (Merck, Carbapenem)
Freshfields Bruckhaus Deringer (Rome)
,
Freshfields Bruckhaus Deringer
The Italian competition authority (“Authority”) recently issued an interim decision against Merck & Co Inc (“Merck”) obliging it to license the manufacture of antibiotic Imipenem Cilastatina, the active ingredient in the manufacture of Carbapenemens (See also on this Case, e-Competitions, July (...)

The European Court of First Instance rejects US software company’s request for interim measures (Microsoft)
European Commission - DG COMP
,
European Commission - DG COMP
,
European Commission - DG COMP
"The Court of First Instance rejects Microsoft’s request for interim measures concerning the Commission’s decision of 24 March 2004"* 1. The decision On March 24 2004, the Commission adopted a decision in Case COMP/C-3/37.792 — Microsoft — by which it concluded that Microsoft had abused its (...)

The French Competition Authority orders interim measures regarding alleged abuses of dominant position in the mobile or fixed telephony sector and anticompetitive practices in the French overseas départements (Orange Caraïbe)
French Competition Authority (Paris)
Mobile telephony in Martinique, Guadeloupe and Guyana - The Conseil de la concurrence hands down interim measures against Orange Caraïbe.* On 9th July 2004, the Conseil de la concurrence received a complaint from the mobile telephony operator Bouygues Télécom Caraïbe. The complainant claimed that (...)

The French Competition Authority dismisses a complaint regarding alleged anticompetitive practices in the sectors for Internet music downloads and digital walkmans (Apple Computer France)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Internet music downloads - The Conseil dismisses VirginMega’s complaint against Apple, due to insufficient evidence in view of the case elements available.* On 28th June 2004, the Conseil de la concurrence (...)

The Greek Competition Commission refuses to adopt interim measures against a refusal to access to a motor vehicle distribution network, the insolvency of the distributor being considered as a valid commercial justification, which is not sanctioned by EC Reg. n° 1400/2002 (Auto Service/Technocar)
University College London
The company Auto Service, member of the Technocar’s motor vehicle distributor network has been informed in 2003 by Technocar that it would not be included in the distribution network, which was re-organized accordingly to the principles of the new Commission Regulation (EC) n° 1400/2002, of 31 (...)

The French Competition Authority fines the telecommunication incumbent for having broken the injunction issued against it as part of interim measures (France Télécom)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. ADSL Broadband Internet Access : the Conseil de la concurrence fines France Télécom 20 millions Euros.* Following a referral by the company 9 Télécom, the Conseil de la concurrence has fined France Télécom for (...)

The French Competition Authority rejects a request for interim measures on the pay-TV market (I>Télé / TPS)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Conseil de la concurrence rejects the request for interim measures filed by the news channel I>Télé and the Canal Plus Group, but continues its full inquiry into the case on the merits.* In July 2003, the (...)

The French Competition Authority orders interim measures to address competition concerns in the public radio broadcasting sector (TDF)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Conseil de la concurrence observes the end of TDF’s monopoly on broadcasting programmes for Radio France and imposes interim measures.* In a decision dated 1st December 2003, the Conseil de la concurrence (...)

The French Competition Authority hands down interim measures to address competition concerns regarding broadcasting rights for French First League football matches (Ligue de Football Professionnel)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Broadcasting rights for French First League football matches - the Conseil de la concurrence hands down interim measures.* On 18th November 2002, the company TPS submitted to the Conseil de la concurrence an (...)

The French Competition Authority closes a case in the mobile telephony sector but does not exclude the anticompetitive character of the practices (Orange France)
French Competition Authority (Paris)
Press release published on the official website of the French Competition Authority. Orange France renounced to overcharge the calls of its consumers towards its competitors, the Conseil de la concurrence decided to close the case* On September 15 2002, Orange France1, implemented a new call (...)

The French Competition Authority ends ban on ADSL packs provided by telecom incumbent (Wanadoo eXtense)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. High-speed ADSL Internet access : the Conseil de la concurrence lifts the suspension on sales of Wanadoo "eXtense" packs in France Télécom outlets* In a decision dated 19th July 2002, the Conseil lifted the (...)

The French Competition Authority grants interim measures in the TV sector (Télédiffusion de France)
French Competition Authority (Paris)
Press release published on the official website of the French Competition Authority. The Conseil de la concurrence hands down interim measures against Télédiffusion de France (TDF)* With regard to the introduction of digital terrestrial television (DTT), following a referral by the company (...)

The French Competition Authority grants interim measures in the ADSL line sector (France Télécom)
French Competition Authority (Paris)
Press release published on the official website of the French Competition Authority. High-speed Internet access via ADSL : the Conseil de la concurrence orders France Télécom to suspend sales of eXtense packs in its outlets* Following a referral by the company T-Online, an Internet service (...)

The French Competition Authority grants interim measures in the local communication market (Télé 2 and Cégétel)
French Competition Authority (Paris)
Press release published on the official website of the French Competition Authority. Opening of the market for local communications : the Conseil de la concurrence hands down interim measures against France Télécom* Following referrals by the companies Cégétel and Télé 2, in a decision dated 19th (...)

The French Competition Authority decides not to pursue proceedings against French TV for alleged failure to adhere to injunctions (Canal plus)
French Competition Authority (Paris)
Press release published on the official website of the French Competition Authority. Adherence to injunction : non-suit in Canal Plus case* Following a dual referral by the Minister of Economy and the companies Multivision and TPS concerning Canal Plus’ failure to adhere to injunctions issued (...)

The European Commission exceptionally orders the licensing of a copyright to safeguard competition in the German pharmaceutical sales reports market (IMS Health)
British Embassy to the DRC
,
European Commission - DG COMP
"Commission exceptionally orders the licensing of a copyright to safeguard competition in the German pharmaceutical sales reports market"* 1. Introduction On 3 July 2001 the Commission adopted an interim measures Decision finding that IMS Health, a US company selling pharmaceutical sales (...)

The European Commission imposes interim measures on the world leader in data collection on pharmaceutical sales and prescriptions considering that its refusal to grant license constitutes an abuse of dominance (IMS Health)
White & Case (Brussels)
This article analyses the three major recent cases dealing with the boundary between EC competition law and intellectual property rights: the Commission’s interim measures decision in the IMS case, the European Court of Justice’s later judgment in IMS and, finally, the Commission’s decision in the (...)

The French Competition Authority grants interim measures on the pay-TV market (Multivision and TPS)
French Competition Authority (Paris)
Press release published on the official website of the French Competition Authority. Referral and request for interim measures filed by the companies Multivision and TPS, concerning certain practices implemented by the companies Canal Plus and Kiosque* On 9th January 2001, the companies (...)

The French Competition Authority opens an inquiry in the telephony sector and imposes interim measures (France Télécom)
French Competition Authority (Paris)
Press release published on the official website of the French Competition Authority. The Conseil de la concurrence launches an inquiry concerning the France Télécom’s “Ligne France” tariff offer, and issues interim measures* In a decision dated 5th December 2000, following a referral by the (...)

The French Competition Authority rejects a request for interim measures on the movie theater market (UGCC)
French Competition Authority (Paris)
Press release published on the official website of the French Competition Authority. Request for interim measures submitted by four film theatre operators* In a decision dated 25th July 2000, the Conseil de la concurrence examined the request for interim measures submitted by four film (...)

The French Competition Authority accepts a request for interim measures on the ADSL market (9 Telecom)
French Competition Authority (Paris)
Press release published on the official website of the French Competition Authority. Request for interim measures filed by the company 9 Telecom, concerning access for telecommunications operators to the market for high-speed Internet access services using ADSL technology* In a decision dated (...)

Mergers

The Belgian Competition Authority rejects an application for interim measures concerning a merger in the brewery market (Alken-Maes / AB InBev / Bosteels)
Belgian Competition Authority (Brussels)
The Competition College of the BCA has rejected the application for interim measures of Alken-Maes versus AB InBev regarding the acquisition of Bosteels* The Competition College of the Belgian Competition Authority has rejected on 21 November 2016 the application for interim measures of (...)

The UK Competiton and Markets Authority exercises its powers to impose interim enforcement Orders with flexibility (Marston Holdings / Collectica)
St John’s Chambers
United Kingdom: Merger Control Interim Enforcement Orders* Two unusual features of the United Kingdom’s merger control regime are that notification is voluntary and there is no ‘suspension’ obligation. This means that mergers can be – and routinely are – completed without notification to and/or (...)

The Higher Regional Court Düsseldorf halts a Federal Cartel Office decision to unwind a 17 year old joint venture pending the outcome of an appeal against the decision (Chemie-Vertrieb)
Simmons & Simmons (Dusseldorf)
,
Simmons & Simmons (Dusseldorf)
A German appeal court has halted a Federal Cartel Office (FCO) decision to unwind a 17 year old joint venture until the outcome of an appeal against the decision is known. In its interim decision, the court took the opportunity to: set out the requirements under German law for the FCO to find (...)

The EU Court of Justice rejects electricity supplier’s request to suspend deadline to decide whether to sell off power plant project (EDF)
Van Bael & Bellis (Brussels)
On 7 March 2013, the European Court of Justice (“ECJ”) rejected the application for interim measures by Électricité de France (“EDF”), which had sought to postpone its obligation to decide whether to sell or invest in a particular power plant project, as required by previous merger commitments. (...)

The Chinese MOFCOM passes provisional rule on failure to notify concentrations
King & Wood Mallesons (Beijing)
MOFCOM Passed Provisional Rule on Failure to Notify on Concentration* On December 7, the Provisional Measures on Investigating and Penalizing Violation of Notification Obligations for Concentrations between Business Operators (Provisional Measures) were reviewed and discussed at the No. 57th (...)

The EU General Court refuses to order interim measures in a case involving the air transportation sector addressing the issues of the implementation of a concentration and powers of the Commission under the EU Merger Regulation 139/2004 (Aer Lingus)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
The Aer Lingus Judgment – When non-implementation is implementation, or not* On 6 July 2010, the General Court rejected Ryanair’s appeal against the Commission’s 2007 prohibition of its hostile take-over of rival Irish airline Aer Lingus. On the same day, the Court also issued a much shorter (...)

The Turkish Council of State orders by unanimity stay of execution of Turkish NCA’s clearance regarding acquisition of “Tekel Birası” brand by the dominant company in Turkish beer market (Mey İçki/Anadolu Efes Biracılık)
Hewlett Packard (Istanbul)
Background In its decision of 25 August 2009, the Turkish NCA authorized the acquisition of “Tekel Birası” brand of MEY İçki by Anadolu Efes Biracılık (Efes), the dominant company in Turkish beer market. “Tekel Birası” is the first national beer brand created by TEKEL, the state-owned enterprise which (...)

The Turkish Council of State orders stay of execution of Competition Board’s remedies inherent to its conditional clearance decision in daily political newspapers market (Vatan Newspaper/ Dogan Group)
Hewlett Packard (Istanbul)
Background On 10 March 2008, the Turkish Competition Board has conditionally cleared the acquisition of Vatan Newspaper (Vatan) by Doðan Gazetecilik A.Þ. (Doðan Group) - the biggest media holding both in terms of audience and advertisement revenues- , by accepting the “failing company defense”. (...)

The Chinese MOFCOM publishes sets of guidelines and regulations on merger review providing guidance on what counsels need to know about the China’s Anti-Monopoly Law
White & Case (Beijing)
,
Mattel (Hong Kong)
China’s Anti-Monopoly Law (AML), which went into effect on 1 August 2008, establishes China as one of the world’s most important merger review authorities, along with the U.S. and EC. The Anti-Monopoly bureau (AMB) of China’s Ministry of Commerce (MOFCOM) recently shed light on how it will (...)

The Chinese MOFCOM publishes sets of guidelines and regulations on merger review providing guidance on what counsels need to know about the China’s Anti-Monopoly Law
White & Case (Beijing)
,
Mattel (Hong Kong)
China’s Anti-Monopoly Law (AML), which went into effect on 1 August 2008, establishes China as one of the world’s most important merger review authorities, along with the U.S. and EC. The Anti-Monopoly bureau (AMB) of China’s Ministry of Commerce (MOFCOM) recently shed light on how it will (...)

The Chinese MOFCOM Anti-Monopoly Bureau publishes sets of guidelines and regulations providing further detail on implementation of the Anti-Monopoly Law
White & Case (Beijing)
,
Mattel (Hong Kong)
The Anti-Monopoly Bureau (“AMB”) of China’s Ministry of Commerce (“MOFCOM”) recently published seven sets of guidelines and regulations that provide further detail on implementation of the Anti-Monopoly Law (“AML”), which went into effect August 1, 2008. As described below, the guidance clarifies the (...)

A US Court of Appeals overturns the district court’s denial of FTC’s request for a preliminary injunction against an acquisition in the organic food sector (Whole Foods/Wild Oats)
WilmerHale (Washington)
,
WilmerHale (Washington)
,
Kirkland & Ellis (Washington)
The Federal Trade Commission (FTC) won a major victory last week when a splintered D.C. Circuit overturned the district court’s denial of its request for a preliminary injunction against the acquisition of Wild Oats by Whole Foods. The decision provides the FTC a much-needed win in a prominent (...)

The Brussels Court of Appeal grants a stay of execution of a Competition Council decision to withdraw merger remedies (Kinepolis)
KBC Group
Background information In 1997, the Kinepolis Group was set up in a merger between Groep Bert and Groep Claeys to be active both as cinema operator and to a lesser extent as film distributor. Through the merger the Kinepolis Group would become the dominant player in cinema in Belgium facing (...)

The Portuguese Competition Authority clears a merger between a pharmacist and a wholesale and retail pharmacy group (Alliance/Unichem)
Morais Leitão, Galvão Teles, Soares da Silva & Associados (Porto)
,
Morais Leitão, Galvão Teles, Soares da Silva & Associados (Porto)
I. Introduction On December 23, 2005, the Portuguese Competition Authority (PCA) was notified of a concentration under which Alliance Santé Europe, S.A. (Alliance Santé), Farmindústria – Investimentos, Participações e Gestão, S.A. (Farmindústria) and José de Mello Participações II, SGPS, SA (JMP) (...)

The Finnish Supreme Administrative Court rules that conditions on merger clearance must be implemented notwithstanding an appeal (Fortum Power and Heat/E.ON Finland)
Roschier (Helsinki)
,
Roschier (Helsinki)
The Finnish Market Court is awaited to hand down its decision regarding the appeal lodged by Fortum Power and Heat Oy (hereinafter “Fortum”), a subsidiary of Fortum Oyj, against the conditions imposed by the Finnish Competition Authority (hereinafter the “FCA”) on the clearance of the acquisition (...)

The UK Competition Appeal Tribunal considers the reasonableness of a decision appointing an hold separate manager to perform functions in a merger according to section 81 of the Enterprise Act 2002
University College London
Facts of the case The first applicant Stericycle International LLC, a company incorporated in the US, operates in the UK through its wholly-owned subsidiary, the second applicant, Stericycle International Limited, a holding company for three further companies (collectively "Stericycle UK"). (...)

The Spanish competition authorities conditionally clear a major merger in the energy sector raising substantial EC and national procedural issues (ENDESA/Gas Natural)
European Court of Justice (Luxembourg)
,
Garrigues
On 12 September 2005, GAS NATURAL (“GN”), the incumbent natural gas utility in Spain, notified the Spanish competition authorities of its takeover bid for the entire share of ENDESA, Spain’s main electricity utility . The merger would therefore bring together the nation’s largest natural gas (...)

The President of the European Court of First Instance rejects a request for interim measures concerning a proposed concentration in the TV broadcasting sector (Sogecable)
European Commission - DG GROW
"Mergers : Summary of the most important recent developments"* On 12.07.1996 the Judge President of the Court of First Instance (CFI) decided to reject the request from Sogecable for interim measures by declaring the appeal irreceivable. Sogecable had brought action against the Commission (...)

State Aids

The EU General Court confirms the EU Commission’s decision ruling that the Province of Burgenland had granted State aid which was not compatible with the common market (Land Burgenland and Republic of Austria)
Trummer & Thomas
,
Trummer & Thomas
,
Borealis
I. Introduction On 28 February 2012 the General Court confirmed the European Commission’s (“Commission”) decision of 30 April 2008 and ruled that the Province of Burgenland had granted State aid to Grazer Wechselseitige Versicherung AG (“GRAWE”) which was not compatible with the common market. (...)

The Brussels Court of Appeal rejects State aid pleas in the context of a bank rescue plan (Fortis)
Sheppard Mullin (Brussels)
,
European Court of Justice (Luxembourg)
1. Introduction In order to tackle the financial turmoil of last September, the Belgian State acquired in two steps Fortis Bank. Firstly, on 28 September 2008, the Belgian State (via the “SFPI”, the “Federal Participation and Investment Company”, together with the Luxembourg and the Dutch States (...)

A Swedish Court rules on alleged illegal State aid from the City of Stockholm to promote local broadband infrastructure (Thomas Svensson)
Swedavia AB
,
Hudson Advisors
Introduction There are no specific rules with regard to state aid in Sweden and the number of cases brought before a Swedish court are few. This, of course, causes a certain amount of unpredictability and uncertainty as regards the application of the EC state aid rules in the national legal (...)

The Dutch Court of Appeal allows a municipality to continue its investment in a local telecommunications network, despite the European Commission having commenced an Art 88.2 EC procedure (UPC Nederland)
Hogan Lovells (Amsterdam)
Factual Background In April 2004, the Municipality of Amsterdam informed the European Commission of its intention to roll-out a telecommunications network in Amsterdam. For that purpose, a new legal entity was incorporated by the Municipality of Amsterdam. The project was subsequently notified (...)

A German administrative court supports the German government’s attempt to make recovery of unlawful State aid more effective (Kvaerner Warnow Werft)
McDermott Will & Emery (Düsseldorf)
Higher Administrative Court Berlin-Brandenburg (Oberverwaltungsgericht Berlin-Brandenburg), 7 November 2005, Kvaerner Warnow Werft, Case OVG 8 S 93.05 Background The Member States of the European Union are required to recover unlawful (i.e. non notified) State aid following a negative (...)

Procedures

The Dutch government adopts the Streamlining Act Market Regulation
Nysingh (Zwolle)
This article provides a concise overview of the most important legislative changes in Dutch competition law after the entry into force of the Streamlining Act as of 1 August 2014 . Substantive changes include an increase of the turnover thresholds for mandatory merger review. Also, the Dutch (...)

The Canadian Competition Tribunal suspends the registration of the consent agreement between the Commissioner of Competition and a number of e-books publishers until the determination of the application to rescind or amend this agreement (Kobo)
Affleck Greene McMurtry
Kobo Obtains Stay of Ebooks Settlement* The ebooks settlement reached between the Competition Bureau and four major ebook publishers has been stayed pending the determination of a challenge brought by ebook retailer Kobo Inc. to the settlement. Kobo argues that its contracts with the four (...)

The Competition and Markets Authority (CMA) publishes new guidlines regarding its antitrust investigation regime
Jones Day (London)
,
Cadwalader Wickersham & Taft (Brussels)
The UK’s New Civil Antitrust Investigations Regime* From April 1, a new regime for civil antitrust investigations applies in the UK with the entry into effect of the new Competition and Markets Authority (“CMA”) (see Antitrust Alert). The CMA has recently published guidance on how this new regime (...)

The UK High Court opts for targeted disclosure in private stand-alone claim against web search engine provider (Foundem / Google)
The University of Manchester
Background On 30 November 2010, the EU Commission (the “Commission”) announced that it had opened an investigation into allegations that Google has abused its dominant position, contrary to Article 102 TFEU, following multiple complaints. On 21 May 2012, the Commission published its preliminary (...)

The Danish Parliament adopts a law introducing criminal sanctions with imprisonment for serious cartel infringements
Danish Competition and Consumer Authority (Copenhagen)
Introduction of imprisonment in cartel cases in the Danish Competition Act* On 1st March 2013, a new Danish Competition Act (Consolidated Act No. 23 of 17 January 2013) came into force. It amended the legal framework for sanctions as follows: Imprisonment for up to 18 months for (...)

The EU General Court grants interim measures to a company fined by the Commission raising the issue whether late payment interest should be suspended (Garantovana)
CDC Cartel Damage Claims (Brussels)
To better understand the purpose of this article, a distinction is made between the following parameters : Commission Decision adopted on 22 July 2009 (the "Decision"), order of the President of the General Court on the request for interim measures (the "order") & the subsequent judgment of (...)

The EU General Court prevents EU Commission from sharing confidential information with English court in follow-on damages action (National Grid)
Van Bael & Bellis (Brussels)
On 29 November 2012, the President of the General Court, Judge Marc Jaeger, handed down an interim order suspending the Commission’s decision to share with an English court, currently reviewing a damage claim, confidential information that the Commission had received in the course of its (...)

The President of The Hague District Court holds that the Dutch Competition Authority cannot engage in "fishing expeditions"
Van Bael & Bellis (Brussels)
On 5 October 2012, President of The Hague District Court ruled in interim proceedings that the Dutch Competition Authority (“NMa”) cannot order third parties to provide information incriminating undertakings against which the NMa has insufficient information to initiate competition law (...)

The President of the Belgian Competition Council declares a request for preliminary measures against abusive storage conditions, admissible and founded (Armajaro / Port Real)
Philippe & Partners (Brussels)
,
Baker McKenzie (Brussels)
I. The Parties Armajaro Trading Limited (hereinafter “Armajaro”) is active in agricultural products trading (such as coffee, cacao and sugar). Amajaro’s activities include the trading of Liffe Certified Robusta Coffee on the NYSE Liffe Exchange in London (hereinafter “NYSE Liffe Exchange”). Port (...)

The Canadian Competition Tribunal refuses to grant damages to company deliberately and flagrantly breaching interim order in a refusal to deal case in the chicken industry (Nadeau / Wetsco)
Affleck Greene McMurtry
Injunction chickens come home to roost* The Competition Tribunal has the power to order an inquiry into damages arising from an interim order granted by the Tribunal, but can refuse to order damages where special circumstances exist. Deliberate and flagrant breach of the interim order will (...)

The Argentinean Federal Court of Appeals rules that the antitrust agency fails to have capacity to grant injunctive relief (Moda)
De Dios & Goyena
The Argentine Government has yet to appoint the Tribunal for Defense of Competition (TDC) as set forth by the Law 25.156 for the Defense of Competition (LDC). Article 58 of the LDC provides that the cases under investigation, and those others brought until the organization of the TDC, shall be (...)

The Luxembourg Parliament enacts the 2011 Competition Act
NautaDutilh (Luxembourg)
1. On 30 June 2011, the Luxembourg Parliament (chambre des députés) has adopted a new Competition Act (loi relative à la concurrence). It is not excluded that it will have to pass a second vote round in Parliament but this is considered to be a formality. It will enter into force four months (...)

The French Competition Authority imposes a duty to respect competition law in the multi-brand gift cards sector (Accentiv’Kadéos)
EDHEC (Nice)
Summary ACCENTIV’KADEOS had to accept to give up exclusive dealing agreements with its affiliated partners to comply with competition law. Facts On March 2, 2010, TITRES CADEAUX asked the French Competition authority to take interim measures against ACCENTIV’KADEOS to prevent them from dealing (...)

The Chinese State Administration for Industry and Commerce (SAIC) submits to the Legislative Affairs Office of the State Council a revised draft of the unfair competition law to respond to the changing economy
AnJie Law (Beijing)
Revised Unfair Competition Law responds to changing economy* Introduction The Unfair Competition Law, which was enacted in 1993, has been described as the constitution of the market economy. However, China’s rapid social and economic development has given rise to new forms of unfair (...)

The College of Prosecutors of the Belgian Competition Council decides that consumers are competent to ask for interim measures but rejects their request (Telenet)
European Commission
Belgium: The Telenet Case: Consumers and Interim Measures In its decision of 27 September 2010, the competition prosecutor has decided that consumers are competent to ask for interim measures when they are the victim of restrictive practices. The request for interim measures against Telenet (...)

The EU General Court rejects application for interim measures by a company facing financial difficulties (Reagens)
Van Bael & Bellis (Brussels)
On 11 and 12 May 2010, the General Court (“GC”) published two orders rejecting applications for interim measures by companies which had requested that fines imposed by Commission decisions in cartel cases be suspended pending the outcome of their appeals against those decisions. Both companies (...)

The EU General Court rejects application for interim measures by a company facing financial difficulties (Almamet)
Van Bael & Bellis (Brussels)
On 11 and 12 May 2010, the General Court (“GC”) published two orders rejecting applications for interim measures by companies which had requested that fines imposed by Commission decisions in cartel cases be suspended pending the outcome of their appeals against those decisions. Both companies (...)

The Luxembourg Administrative Court dismisses the appeal of the state of Luxembourg and confirms the annulment of the decisions imposing interim measures against national incumbent telecom operator (P&T)
FratiniVergano
1. Facts Several telecommunications companies introduced a complaint for abuse of dominant position against “Entreprise des Postes et Télécommunications” (hereafter “P&T”) to the Luxembourg Competition Inspectorate. The latter requested the President of the Luxembourg Competition Council (...)

The Luxembourg Administrative Court dismisses the appeal of the state of Luxembourg and confirms the annulment of the decisions imposing interim measures against national incumbent telecom operator (P&T)
FratiniVergano
1. Facts Several telecommunications companies introduced a complaint for abuse of dominant position against “Entreprise des Postes et Télécommunications” (hereafter “P&T”) to the Luxembourg Competition Inspectorate. The latter requested the President of the Luxembourg Competition Council (...)

The Luxembourg Administrative Court dismisses the appeal of the state of Luxembourg and confirms the annulment of the decisions imposing interim measures against national incumbent telecom operator (P&T)
FratiniVergano
1. Facts Several telecommunications companies introduced a complaint for abuse of dominant position against “Entreprise des Postes et Télécommunications” (hereafter “P&T”) to the Luxembourg Competition Inspectorate. The latter requested the President of the Luxembourg Competition Council (...)

The Luxembourg Administrative Court dismisses the appeal of the state of Luxembourg and confirms the annulment of the decisions imposing interim measures against national incumbent telecom operator (P&T)
FratiniVergano
1. Facts Several telecommunications companies introduced a complaint for abuse of dominant position against “Entreprise des Postes et Télécommunications” (hereafter “P&T”) to the Luxembourg Competition Inspectorate. The latter requested the President of the Luxembourg Competition Council (...)

The French Commercial Supreme Court quashes the Court of Appeal decision in the iPhone case without any practical effect (Apple iPhone)
Vogel & Vogel
The Court of Cassation has quashed and annulled the decision by which the Paris Court of Appeal upheld the order for interim measures - which are very unusual - leading to the suspension of Orange’s exclusive deal to market the iPhone . According to the Court of Appeal, exclusive agreements (...)

The French Court of cassation rules that the Paris Court of appeals has not given a legal basis to its judgement confirming the NCA decision having put an end to an exclusive distribution agreement on the mobile phone market (Apple iPhone)
EDHEC Business School
Further to an agreement with Apple company, Orange became the exclusive carrier service provider and exclusive iPhone wholesaler over the French territory. Bouygues Télécom referred the matter to the French Competition Authority which ruled that this agreement seriously and immediately undermined (...)

The President of a French Commercial Court rules on the competence of the local court hearing applications for interim relief on matters involving competition law (Siac, Renault)
Vogel & Vogel
The interim order handed down by the President of the Albi Commercial Court on 28 October 2009 is of interest insofar as it has, for the first time in France, ruled on the issue of the competence of the local court hearing applications for interim relief to rule on matters involving competition (...)

The Luxembourg Administrative Tribunal annuls decisions imposing interim measures and fines in the telecommunications sector (Entreprise des Postes et Télécommunications)
MOYSE BLESER law firm
,
Allen & Overy (Luxembourg)
Introduction In a judgment dated 20 May 2009 (the Judgment), the Luxembourg administrative tribunal (the Tribunal) annulled two decisions of the Competition Council (the Council) and the President of the Council (the President) concerning interim measures and fines imposed on the Entreprise (...)

The French Supreme Court confirms interim publication measures imposed on a pharmaceutical company (Schering-Plough)
Van Bael & Bellis (Brussels)
On 13 January 2009, the French Supreme Court rejected Schering-Plough‘s appeal against the judgment of the Paris Court of Appeal of 5 February 2008 upholding in its entirety a French Competition Council interim decision of 11 December 2007. In that decision, the Competition Council had ordered (...)

The French Competition Council adopts procedural notice on commitments
Van Bael & Bellis (Brussels)
On 3 April 2008, following a public consultation launched in February 2008, the French Competition Council published a new procedural notice on commitment proceedings. The final text of the procedural notice largely confirms the main points of the draft version disclosed last February. The few (...)

The President of European Court of First Instance dismisses request for interim measures by a low-cost airline (Aer Lingus)
Van Bael & Bellis (Brussels)
In an order of 18 March 2008, the President of the European Court of First Instance (CFI) dismissed a request for interim measures brought by Aer Lingus in its appeal against a European Commission decision finding that it had no power to require Ryanair to divest its minority stake in Aer (...)

The Luxembourg Competition Council adopts the first periodic penalty payments following interim measures (Entreprise des Postes et Télécommunications)
MOYSE BLESER law firm
I Background On 22 January 2008, the President of the Competition Council (the “Council”) handed down, for the first time since the law of 17 May 2004 on competition ("Law on competition") came into force, a decision imposing a limited number of interim measures on the public entity Entreprise (...)

The Italian Government issues legislation giving, inter alia, power to the Antitrust Authority to impose interim measures (Bersani Decree)
Gattai, Minoli, Agostinelli, Partners (Roma)
,
ECR Legal (Roma)
,
Paul Hastings (Milano)
The new legislation Last July, the Italian Government issued legislation (Law Decree of 4 July 2006, named the Bersani Decree after its promoter) which, inter alia, gave the Italian Antitrust Authority (IAA) the power to impose interim measures. In particular, the Bersani Decree amended the (...)

The UK Competition Appeal Tribunal awards for the first time ever interim damages in an abuse of dominant position case on the drugs market (Healthcare at Home / Genzyme)
Sanoma
Introduction On 15 November 2006, the UK Competition Appeal Tribunal (CAT) awarded an interim payment of £ 2 millions to Healthcare at Home Limited (HH) in respect of its damages claim against Genzyme Limited (Genzyme) for infringement of the Chapter II prohibition (abuse of a dominant (...)

The Belgian government adopts 9 decrees implementing the new Law on the Protection of Economic Competition (Law, 31 Oct. 2006)
Sheppard Mullin (Brussels)
,
French Competition Authority (Paris)
On 31 October 2006, the Belgian Minister of Economy has adopted nine decrees implementing the new Law on the Protection of Economic Competition. They entered retroactively into force on 1st October 2006, at the same date as the Law itself. These royal decrees cover essentially procedural (...)

The UK Competition Appeal Tribunal criticises an interim measures direction issued by the OFT pursuant to section 35(2) of the Competition Act 1998 and awards costs accordingly (London Metal Exchange)
Kings Chambers (Leeds)
This case concerned costs, primarily, but provides detailed judicial comment on what the OFT is expected to do before issuing an interim measures decision (IMD) under section 35 of the Competition Act 1998 (Act). The case revolved around the first IMD issued by the OFT under the Act. It was (...)

The Belgian Competition Council dismisses request for interim measures against alleged margin squeeze from the telco incumbent on the market for telephone services provided at a fixed location for residential customers (Belgacom / Tele2)
Leuven University
Relevant Facts Since January 2003 Tele2 (a Belgian subsidiary of the Swedish Tele2 AB) is active as a telecom operator on the Belgian fixed voice calls market. Tele2 however only owns a backbone network and consequently needs to use the local loop of Belgacom (the incumbent operator) in order (...)

The Italian Government issues a law decree aiming at the complete liberalisation of markets and a system of effective competition (Bersani’s Decree Law)
Gattai, Minoli, Agostinelli, Partners (Roma)
,
ECR Legal (Roma)
The Italian Government issued Law Decree 4 July 2006, known as Bersani’s Decree from the name of its promoter, inspired by the EC rules which favour fair and transparent access to markets, the removal of the regulatory barriers and the granting of power to the Commission to enforce competition (...)

The Italian Government adopts a decree granting new powers to the NCA and removing certain restrictions to competition in the liberal professions (Bersani’s Decree Law)
Shearman & Sterling (Rome)
The Italian government has adopted, on 30th June 2006, a decree containing urgent measures aimed, inter alia, to improve the state of the Italian economy. Some of the measures envisaged in the decree are relevant to competition law. Among these, the most significant are : the granting of new (...)

The UK Office of Fair Trading publishes Guideline on the involvement of third parties in investigations under the Competition Act 1998
Reckitt Benckiser Group
Background Although the Competition Act 1998 (the Act) allows third parties having a “sufficient interest” to appeal decisions of the Office of Fair Trading (OFT) regarding infringement of the Act to the Competition Appeal Tribunal (CAT), the Act does not deal explicitly with the involvement of (...)

The UK High Court emphasises the need for claimants to ensure that they have robust evidence of alleged breach in order to avoid being thrown out on summary judgment (Wireless / RAJAR)
White & Case (London)
Mr. Justice Lloyd’s recent judgment in the Wireless / RAJAR case (handed down on 16 December 2004), demonstrates certain of the procedural and evidential difficulties faced by private litigants seeking damages for alleged breaches of competition law before the English Courts. The Claimant, (...)

La Cour de cassation confirme que, même lorsqu’il applique les articles 81 et 82 CE, le Conseil de la concurrence doit mettre en ?uvre les règles françaises de procédure (Pharma Lab, GlaxoSmithkline et Pfizer)
Freshfields Bruckhaus Deringer (Paris)
,
Eversheds Sutherland (Paris)
Dans l’affaire Pharma Lab, GlaxoSmithkline et Pfizer la société Pharma-Lab, grossiste-exportateur en spécialités pharmaceutiques, avait dénoncé auprès du Conseil de la concurrence des pratiques qu’elle estimait constitutives de refus de vente en vue de restreindre le commerce parallèle de médicaments. (...)

The French Competition Authority grants interim measures in the radio broadcasting rights market (GIE Sport libre, RMC info)
French Competition Authority (Paris)
Press release published on the official website of the French Competition Authority. Radio broadcasting rights for the football World Cup : the Conseil de la concurrence issues an interim measure against GIE [1] Sport libre* Following a referral by the company RMC Info, in a decision dated (...)

The European Court of First Instance introduces an expedited (’fast-track’) procedure for certain cases, including in particular merger cases
Herbert Smith Freehills (Brussels)
"Judicial review and merger control: The CFI’s expedited procedure"* 1. Introduction The recent introduction by the Court of First Instance (CFI) of an expedited (’fast-track’) procedure for certain cases, including in particular merger cases, has been greeted positively by the business and (...)

A Scottish Court refuses, on the balance of interests, to grant interim measures to prevent a proposed merger (DCL-Argyll Group/Guiness-The Distillers Company)
London School of Economics
The present cases concerns an order for interim measures sought by Argyll Group Plc in order to prevent the proposed merger of Guinness and the “Distillers Company Plc (hereinafter “DCL”). Although the purpose of Argyll’s request was merely to obtain the provisional prevention of the Guinness/DCL (...)

The UK High Court awards an interim injunction restraining a breach of Art 81 EC as it was proven that there is a serious question to be tried (Cutsforth / Mansfield Inn)
London School of Economics
In the present case, the applicant sought the extension until trial or further order of an interim injunction granted ex parte against the defendants. This application was accepted by the trial judge, Sir Neil Lawson J., for reasons which will be set out presently. Before proceeding to the (...)

Regulations

The Mexican Parliament adopts sweeping telecom reform aiming at cracking down on dominant operators, inducing significant reform of competition law and agency
Creel García-Cuéllar Aiza y Enríquez SC
,
Chanel
On June 11th, 2013, a significant amendment to the Mexican Constitution known as “the new Telecommunications Act”, which also significantly impacts the competition regime, was enacted, and will enter into force on June, 12th. The amendment is seen as resulting from the "Pact for Mexico", entered (...)

The Supreme Court of Pakistan sets aside the orders passed by the Lahore High Court and orders to the Chairman of the Competition Commission of Pakistan to issue notices to all parties concerned and decide the matter (ADG LDI v. Brain Telecommunication)
University College London
Vide its order dated 21st February 2013 a two-member bench of the Supreme Court of Pakistan granted leave to appeal to ADG LDI (Pvt.) Ltd and Circle Net Communications Pakistan (Pvt.) Limited (hereinafter “Petitioners”) and allowed the appeal in the following terms: (a) set aside the orders (...)

The French NCA issues an interim measures decision which orders the incumbent postal operator to confirm the suspension of its agreement with its biggest competitor (La Poste, Mondial Relay)
European Commission
France: The Autorité de la concurrence issues Interim Measures Decision in the Parcel Delivery Sector to confirm the Suspension of Horizontal Agreement between La Poste and its biggest Competitor* On 12 May 2011, the Autorité de la concurrence (the Autorité) issued an interim measures decision (...)

The Cypriot Competition Authority dismisses the telecommunications incumbent’s application for interim measures against airports operator (CYTA / Hermes Airports)
Antoniou Advocates
The Cyprus Commission for the Protection of Competition (“CPC”) dismissed an application for interim measures by CYTA against Hermes Airports Ltd alleging violations of sections 3 and/or 6 of the Protection of Competition Law 13(I) of 2008 (“Law 13(I)/2008”) - as well as of articles 81 and/or 82 (...)

The UK OFT makes recommendations to government on UK medicines distribution
Linklaters (London)
,
Linklaters (London)
,
Linklaters
On 11 December 2007, the OFT issued the results of its market study into the distribution of medicines in the UK. The review was initiated after Pfizer announced it would be introducing a Direct to Pharmacy (DTP) distribution model, appointing Unichem as its exclusive Logistics Service (...)

The French Competition Authority imposes price regulation on the electricity market through interim measures (Direct Energie/EDF)
Fréget - Tasso de Panafieu Avocats (Paris)
,
Novartis (Basel)
On 28 June 2007, the Competition Council ordered interim measures against Electricité de France ("EDF"), imposing it to market base-load electricity to alternative suppliers at a price enabling them to effectively compete with the incumbent operator’s retail sales on the free market (i.e.: (...)

Public sector

The Australian Competition and Consumer Commission grants interim authorisation to a number of city councils in Sidney to commence a joint tender for household clean up waste (Bankstown City / Fairfield City / Parramatta City / Liverpool City)
Australian Competition and Consumer Commission
ACCC grants interim authorisation to Sydney councils for joint waste tender* The Australian Competition and Consumer Commission has granted interim authorisation to Bankstown City Council, Fairfield City Council, Parramatta City Council and Liverpool City Council in Sydney to commence a joint (...)

The Belgian Prosecutor refuses to prohibit grant of a public tender for public bicycle rental system (ClearChannel Belgium/JC Decaux Belgium sa and Région de Bruxelles-Capitale)
Altius (Brussels)
,
Johnson & Johnson (Brussels)
In Spring 2008, the government of the Brussels-Capital Region (Région de Bruxelles-Capitale/ Brussels Hoofdstedelijk Gewest) issued an invitation to tender for the creation and implementation of an automatic bicycle-hire system for public use in the Brussels region. Three tenders were submitted (...)

A Dutch Court refuses to suspend in interim proceedings an "in house" concession for public bus transport in Rotterdam (Connexxion / Stadsregio Rotterdam)
Arendt & Medernach (Luxembourg)
,
NautaDutilh (Luxembourg)
Facts of the case 1. On 31 October 2007, the City-Region (Stadsregio ) of Rotterdam, regrouping several local authorities in the Rotterdam region, has suspended an EU-wide public tender procedure. It did so in order to anticipate a forthcoming amendment of the Dutch regulatory framework for (...)

All issues

  • Latest News issue 
  • All News issues
  • Latest Special issue 
  • All Special issues