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Investigations / Inquiries

Anticompetitive practices

The US FTC and the DOJ publish for public comment proposed Antitrust Guidelines for International Enforcement and Cooperation
Jones Day (Cleveland)
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Jones Day (Washington)
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Jones Day (Washington)
The Federal Trade Commission and the Department of Justice have published for public comment proposed Antitrust Guidelines for International Enforcement and Cooperation ("2016 Proposed Guidelines"). This would be the third iteration of international enforcement guidelines, following the (...)

The Swedish Competition Authority examines in its pilot study the adoption by three municipalities of the free choice system in the home care sector
Swedish Competition Authority (Stockholm)
A fair system of choice requires transparent municipal accounting* There are many reasons why municipalities with systems of choice must employ open and clear financial follow-ups for their own operations subject to competition. This is emphasized in a pilot study, where the Swedish (...)

The Hungarian Competition Authority fined construction companies for bid rigging in Budapest public construction tenders (Alterra)
Van Bael & Bellis
On 18 March 2004, the Hungarian Competition Authority (GVH) issued a decision in a cartel investigation, fining the construction companies Strabag Rt. (Strabag); Egut Rt. (Egut) ; and Ring Kkt. (Ring) a total of HUF 245m (approximately € 1m). The investigation also concerned the construction (...)

The UK CMA annonces the launch of a market investigation into investment consultancy services and fiduciary management services
Morgan Lewis (London)
On 14 September 2017, the Competition and Markets Authority (CMA) announced that, following a reference from the Financial Conduct Authority (FCA), it was launching a market investigation into investment consultancy services and fiduciary management services to and by institutional investors (...)

The EU Commission opens a formal investigation into distribution agreements of a clothing manufacturer and retailer (Guess)
European Commission - DG COMP (Brussels)
Antitrust: Commission opens formal investigation into distribution practices of clothing company Guess* The European Commission has opened a formal antitrust investigation into the distribution agreements and practices of clothing manufacturer and retailer Guess. The Commission will examine (...)

The Italian Competition Authority opens a market investigation on Big Data
Shearman & Sterling (Rome)
Introduction The Italian Competition Authority, together with the national regulators for communications and data protection, opened a joint market investigation on Big Data. The investigation appears to be wide-ranging, covering not only competition issues, but data protection, consumer (...)

The Russian Competition Authority opens administrative proceedings against an international audit company for its possible participation in an anticompetitive agreement (Deloitte)
Russian Federal Antimonopoly Service
FAS opened an administrative case against Russian office of “Deloitte”* On 15 May 2017, FAS opened administrative proceedings against “Deloitte and Tuche CIS” CJSC – Russian representative office of an international audit company “Deloitte”. In March 2017, investigating an antimonopoly case “on a (...)

The Indian Supreme Court clarifies the scope of the investigative powers of the Director General and the establishment of an agreement to indulge in collusive bidding (Crop Care)
Shardul Amarchand Mangaldas & Co (New Delhi)
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Shardul Amarchand Mangaldas & Co (New Delhi)
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Shardul Amarchand Mangaldas & Co (New Delhi)
On 10 May 2017, the Supreme Court of India published its judgment dated 8 May 2017 in Excel Crop Care Ltd. v. Competition Commission of India & Anr . This judgment deals with important issues on the applicability of the Competition Act, 2002 (Competition Act) to conduct prior to its coming (...)

The EU Commission announces a tender procedure to analyse the competition implications of loan syndication in six EU Member States
Baker McKenzie (Brussels)
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Baker McKenzie (London)
In the context of continued regulatory scrutiny of the financial services and insurance sectors by competition authorities, the European Commission announced on 24 April 2017 that it has issued a tender to analyse the competition implications of loan syndication in six EU Member States. This (...)

The French Competition Authority confirms unannounced inspections in the sector of energy services and energy supply
French Competition Authority (Paris)
The General Rapporteur of the Autorité de la concurrence confirms that unannounced inspections were carried out on 22 November in the sector of energy services and energy supply* On 22 November 2016, following information that has appeared in the press - which does not come from the Autorité (...)

The Belgian Competition Authority carries inspections at several undertakings active in the wholesale distribution of pharmaceutical and para-pharmaceuticals products to pharmacies
Belgian Competition Authority (Brussels)
The Belgian Competition Authority confirms inspections at several companies active in the wholesale distribution of pharmaceutical and para-pharmaceuticals products to pharmacies* The Investigation and Prosecution Service of the Belgian Competition Authority (hereafter “BCA”) confirms that the (...)

The EU Commission sends a statement of objections against two airlines concerning a potentially anticompetitive codeshare agreement (Brussels Airlines / TAP Portugal)
European Commission - DG COMP (Brussels)
Antitrust: Commission sends Statement of Objections to Brussels Airlines and TAP Portugal on code-sharing on Brussels-Lisbon route* The European Commission has informed Brussels Airlines and TAP Portugal of its preliminary view that their codeshare cooperation on passenger services between (...)

The EU Commission opens a formal investigation concerning a network sharing agreement between two mobile phone companies (O2 CZ / CETIN / T-Mobile)
European Commission - DG COMP (Brussels)
Antitrust: Commission opens formal investigation into mobile telephone network sharing in Czech Republic* The European Commission has opened an investigation into a network sharing agreement between two Czech operators of mobile telephony, O2 CZ / CETIN and T-Mobile CZ. The Commission will (...)

The French Competition Authority carries out unannounced inspections on the market of manufacturing and distribution of sandwiches intended to food supermarkets
French Competition Authority (Paris)
The General Rapporteur of the Autorité de la concurrence states that unannounced inspections were carried out on September 15 in the sector of manufacturing and distribution of sandwiches intended to food supermarkets.* On September 15th, following authorisation from the liberty and custody (...)

The Romanian Competition Council carries out unannounced inspections on the market of movies distribution to cinemas
Romanian Competition Council (Bucharest)
The Competition Council had carried out inspections within the investigation on movies distribution to cinemas* The Competition Council had carries out an unannounced inspection at Imedia Plus Group SA, company that operates www.cinemagia.ro. The inspection has been carried out within the (...)

The Hellenic Competition Authority opens an ex-officio investigation into the luxury cosmetics market (L’Oréal)
Hellenic Competition Authority (Athens)
Ex-officio investigation into the luxury cosmetics market, for alleged infringements of competition rules.* Ex-officio investigation into the luxury cosmetics market, for alleged infringements of competition rules. The Grand Chamber of the HCC will convene on the 13th of October 2016 to (...)

The EU Commission carries out an unannounced inspection in rail passenger transport sector
European Commission - DG COMP (Brussels)
Antitrust: Commission confirms unannounced inspections in rail passenger transport sector* The European Commission can confirm that on 28 June 2016 its officials carried out unannounced inspections in the sector of rail passenger transport in several Member States. The Commission has concerns (...)

The Belgian Competition Authority raids several undertakings active in the sale of over-the-counter products pharmacies
Belgian Competition Authority (Brussels)
The Belgian Competition Authority confirms inspections at several undertakings active in the sale of non-prescription products in pharmacies* The Investigation and Prosecution Service of the Belgian Competition Authority (hereafter “BCA”) confirms that the BCA has conducted inspections this week (...)

The Finnish Competition Authority inspects bus and coach operators suspected of collusion
Finnish Competition and Consumer Authority (FCCA)
FCCA has inspected bus and coach operators in Southwest Finland* The purpose of the inspections was to find out whether the operators were guilty of unlawful collaboration between competitors. The Finnish Competition and Consumer Authority has a right to carry out inspections under the (...)

The Hellenic Competition Authority sends a statement of objections to suspected members of a cartel in the construction sector (Ellaktor)
Hellenic Competition Authority (Athens)
Statement of Objections addressed to undertakings active in the construction sector regarding an alleged infringement of Article 1 of the Greek Competition Act and Article 101 TFEU* Following the issuing of a statement of objections, the Hellenic Competition Commission (HCC) will convene on 21 (...)

The Latvian Competition Council announces the adoption by the Latvian Parliament of significantly modernising amendments to the Competition Law
Competition Council of Latvia
Saeima passes Amendments to the Competition Law* On 12 May, Latvian Parliament – Saeima – adopted in final reading amendments to the Competition Law that significantly modernizes competition protection in Latvia. Amendments to the Competition Law provides the Competition Council (CC) of Latvia (...)

The German Competition Authority opens an administrative proceeding to examine dairies’ conditions of supply
German Competition Authority (Bonn)
Bundeskartellamt examines dairies’ conditions of supply* The Bundeskartellamt has initiated an administrative proceeding to examine the conditions which the dairies have set farmers for the supply of raw milk. In a test case it will examine first of all the conditions of supply set by the large (...)

The Shaanxi Price Bureau fines a motor vehicle inspection industry association for price fixing (Xi’an / Shangluo / Yangling)
University of Melbourne
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China Competition Bulletin (Beijing)
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Hogan Lovells (Beijing)
The Shaanxi Price Bureau fined the Shaanxi Motor Vehicle Inspection Industry Association and 31 motor vehicle inspection businesses in Xi’an, Shangluo, and Yangling for price fixing. Motor vehicle inspection fees were originally government guided in Shaanxi, and they became liberalised on 15 (...)

The Hungarian Competition Authority initiates proceedings for a suspected cartel during a procurement of health equipment aimed at saving energy (Siemens Healthcare)
Hungarian Competition Authority (Budapest)
The GVH has initiated a proceeding for a suspected cartel* On 11 April 2016 the Hungarian Competition Authority (Gazdasági Versenyhivatal – GVH) initiated a competition supervision proceeding against several undertakings (Siemens Healthcare Kft., GE Hungary Ipari és Kereskedelmi Kft., PHILIPS (...)

The EU Commission opens a preliminary investigation in relation to possible collusion in the money transfer market (Western Union)
Constantine Cannon (London)
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Constantine Cannon (London)
EU telegraphs it is probing whether Western Union colluded to drive rivals out of money-transfer market*The European Commission has reportedly launched a preliminary antitrust investigation into possible collusion by Western Union in the money remittance market.According to sources, the (...)

The EU Commission opens a preliminary antitrust investigation in relation to possible collusion in the money transfert market (Western Union)
Simmons & Simmons (London)
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Simmons & Simmons (London)
In February 2016, it was reported that the European Commission is undertaking a preliminary antitrust investigation in relation to possible collusion in the money transfer market, continuing the trend of the Commission focussing on the financial sector in recent years. Focus of the (...)

The French Competition Authority launches unannounced inspections in the market of fire safety systems equipping businesses and buildings receiving the public
French Competition Authority (Paris)
Fire safety systems equipping businesses and buildings receiving the public* The General Rapporteur of the Autorité de la concurrence states that unannounced inspections were carried out on February 18th in the sector of fire safety systems equipping businesses and buildings receiving the (...)

The Italian Competition Authority opens an investigation for a possible anticompetitive agreement in relation to the SEDA multilateral inter-bank agreement (Associazione Bancaria Italiana)
University of London - School of Economics Birkbeck College
On the 21th of January 2016, the Italian Competition Authority (the “Authority” or “Italian Authority”) opened an investigation against the Italian banks’ association, Associazione Bancaria Italiana (“ABI”) for a possible anticompetitive agreement under Article 101 of the Treaty on the Functioning of (...)

The EU Commission confirms several unannounced inspections carried in the rail passenger transport market
European Commission - DG COMP (Brussels)
Antitrust: Commission confirms unannounced inspections in rail passenger transport sector* The European Commission can confirm that on 24 November 2015 its officials carried out unannounced inspections in the sector of rail passenger transport and related services in Austria. The Commission (...)

The German Competition Authority opens proceedings in the audiobooks market (Audible / Amazon / Apple)
German Competition Authority (Bonn)
Bundeskartellamt opens proceedings against Audible/Amazon and Apple* The Bundeskartellamt has initiated administrative proceedings against the Amazon subsidiary Audible.com and Apple Computer Inc. The companies have a long-term agreement on the purchase of audiobooks by Apple from Audible for (...)

The Canadian Competition Bureau releases the Competition and Compliance Framework information bulletin following public comment
Canadian International Joint Commission
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Université de Montréal
Introduction Following a request for public comment in May 2015, the Competition Bureau, which assists the Commissioner of Competition (“Commissioner”) in the administration and enforcement of the Competition Act (“Act”), published the final version of its Competition and Compliance Framework (...)

The Mexican Competition Authority launches an investigation on the market of securities transportation services
Mexican Competition Authority (Mexico city)
COFECE investigates securities transportation services* Mexico City November 5th 2015.- Through the Mexican Official Gazette and its website, the Federal Economic Competition Commission’s (COFECE) Investigative Authority publicly announces the opening of an investigation derived from a (...)

The EU Commission sends a statement of objections to several companies suspected of participation in an electrolytic capacitors cartel
European Commission - DG COMP (Brussels)
Antitrust: Commission sends statement of objections to suspected participants in electrolytic capacitors cartel* The European Commission has informed ten manufacturers of electrolytic capacitors that it suspects them of having participated in a cartel, in breach of EU antitrust rules. (...)

The Zambian Competition Authority conducts dawn raids as part of an investigation into the alleged fixing of maize and flour prices (Millers Association)
Primerio
Zambia: Competition Authority conducts dawn raids in the maize milling industry* ZNBC reported on 30 October 2015 that the Zambian Competition and Consumer Protection Commission (CCPC) conducted dawn raids on three milling companies, namely National Milling Corporation, Superior Milling (...)

The Turkish Council of State annuls the decision of the Turkish Competition Authority which dismissed the complaint at the preliminary inquiry stage without evaluating the information that showed the collusion (Pegas / Anex / Tez / Odeon Tours)
Queen Mary University (London)
This case comment analyses the judgment of the Turkish Council of State in which it has annulled the decision of the Turkish Competition Authority that rejects the complaint of a rival at the stage of preliminary inquiry without assessing the evidence demonstrating the collusion between four (...)

The Italian Competition Authority opens an investigation into the tender procedures for oxygen-therapy and ventilo-therapy services at home (Gare ossigenoterapia e ventilopterapia)
Bonelli Erede (Rome)
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Bonelli Erede (Rome)
With a decision of 7 October 2015, following the complaints lodged by one of the local health units in the city of Milan (“ASL Milan”) and the purchasing consortium of the Campania Region (“Soresa”), the Italian Competition Authority (“ICA”) opened an investigation into 14 companies (“Parties”) (...)

The EU Commission opens formal investigation into eligibility rules of a professional sport association (International Skating Union)
European Commission - DG COMP (Brussels)
Antitrust: Commission opens formal investigation into International Skating Union’s eligibility rules* The European Commission has opened a formal antitrust investigation into International Skating Union (ISU) rules that permanently ban skaters from competitions such as the Winter Olympics and (...)

The French Competition Authority starts dawn raids against several companies suspected of having implemented anti-competitive practices in the sector of processed fruits
French Competition Authority (Paris)
Processed fruits packaged in cups and pouches – dawn raids* The General Rapporteur of the Autorité de la concurrence states that unannounced inspections were carried out on September 22nd in the sector of processed fruits packaged in cups and pouches On 22 September 2015, following (...)

The Hellenic Competition Authority decides to not launch investigation in hotel market (Booking.com / Expedia)
Hellenic Competition Authority (Athens)
HCC decides not to proceed with a formal investigation into BOOKING & EXPEDIA’s cooperation agreements with hotel businesses in Greece * The Hellenic Competition Commission (HCC) reviewed the revised parity terms in the agreements between online travel agencies (OTAs) BOOKING.COM and (...)

The UK Competition Authority closes its hotel online booking investigation (Booking.com)
UK Competition and Markets Authority (CMA) (London)
CMA closes hotel online booking investigation* The CMA today announced that it has closed an investigation into suspected breaches of competition law in the hotel online booking sector. The investigation was launched by the Competition and Markets Authority’s (CMA) predecessor, the Office of (...)

The Mexican Competition Authority issues an English version of the federal economic competition law
Mexican Competition Authority (Mexico city)
COFECE publishes an english version of the federal economic competition law* Mexico City, August 20th 2015. – Mexico’s Federal Economic Competition Commission has released an English version of the Federal Economic Competition Law (Law). This document is a courtesy translation of the Law (...)

The Portuguese Competition Authority imposes fine on transport company for providing false, inaccurate and incomplete information in the context of an antitrust investigation in the sector of rail freight transport (CP CARGA)
Portuguese Competition Authority (Lisbon)
AdC fines CP Carga for providing false, inaccurate or incomplete information* The Portuguese Competition Authority (Autoridade da Concorrência - AdC) has imposed a fine of € 100.000,00 on CP CARGA, for providing false, inaccurate or incomplete information further to a request of the AdC, in the (...)

The UK Financial Conduct Authority publishes its final guidance and policy statement in relation to its approach to enforcement of competition law
Norton Rose Fulbright (London)
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Norton Rose Fulbright (London)
Introduction On 15 July, the Financial Conduct Authority (FCA) published its final guidance and policy statement in relation to its approach to enforcement of competition law. The FCA has softened its stance in some respects, following criticism of its proposed approach in a public (...)

The Russian Competition Authority pursues its investigation concerning a vertical agreement in the electrical equipment market (Argus-Spektr)
Russian Federal Antimonopoly Service
FAS continues holding dealers of “Argus-Spektr” CJSC administratively liable* The Federal Antimonopoly Service continues administrative proceedings upon the fact of concluding prohibited “vertical” agreements between “Argus-Spektr” CJSC and its dealers. As of today, 40 dealers are held liable, the (...)

The US DOJ opens an investigation on a movie theater chain (Regal, AMC, Cinemark Holdings)
Porter Wright Morris & Arthur (Washington)
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Porter, Wright, Morris & Arthur (Columbus)
Antitrust Probe of Movie Theater Chains Enters Next Act* The U.S. Department of Justice has turned its spotlight on AMC Entertainment, Inc. in the government’s antitrust probe of the nation’s movie theater industry. In an 8-K filed Monday with the Securities and Exchange Commission, AMC (...)

The Fujian Price Bureau adopts antitrust measures for the China (Fujian) Pilot Free Trade Zone
University of Melbourne
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China Competition Bulletin (Beijing)
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Hogan Lovells (Beijing)
Fujian Price Bureau adopts antitrust measures for the China (Fujian) Pilot Free Trade Zone* On 30 April 2015, the Fujian Price Bureau issued the Anti-Price Monopoly Measures for the China (Fujian) Pilot Free Trade Zone. The aims of the measures are to enhance the market price order, protect (...)

The Financial Conduct Authority of United Kingdom is empowered to promote effective competition in the interest of consumers in the markets for regulated financial services
DLA Piper
Summary From 1 April 2015, the Financial Conduct Authority ("FCA") is empowered under the Competition Act 1998 ("CA98") to promote effective competition in the interest of consumers in the markets for regulated financial services. This change allows the FCA to be a concurrent enforcer of (...)

The Russian Competition Authority opens an inquiry concerning vertical practices on the retail chain market (Perekryostok)
Russian Federal Antimonopoly Service
An antimonopoly case against “Perekryostok” retail chain* The Office of the Federal Antimonopoly Service in St Petersburg (St Petersburg OFAS Russia) initiated a case against “Perekryostok” Retail Chain” CJSC. Upon inspecting contractual practices between suppliers of socially important food (...)

The French Supreme Court upholds fines based on dawn raids carried out by the UK Office of Fair Trading in jet fuels cartel (Chevron Products / Shell / Total Outre-mer / Air France)
Simmons & Simmons (Paris)
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Simmons & Simmons (Paris)
A French Competition Authority infringement decision based on dawn raids carried out by the UK Office of Fair Trading has been upheld by France’s highest court. In a second ruling in the jet fuels cartel appeal, the French Supreme Court has upheld the 2008 decision of the French Competition (...)

The amended Polish Competition Act enters into force, raising questions about guarantees and procedures in antitrust cases
Hansberry Tomkiel
Polish competition law Both EU and Polish competition law apply in Poland. The Polish Competition Act follows EU substantive principles and its Article 6 is modelled upon Article 101 of the TFEU. The Act, however, differs from EU competition law with respect to the liability of individuals and (...)

The Russian Competition Authority launches an investigation against companies suspected for bid-rigging (Sibagropromstroi)
Russian Federal Antimonopoly Service
FAS initiated a case upon elements of bid-rigging at an auction for reconstructing an oncologic dispensary in the Krasnoyarsk region* On 25 December 2014, the Federal Antimonopoly Service (FAS Russia) initiated a case against “Sibagropromstroi” CJSC and “Medkon” Ltd. upon elements of violating (...)

The Commissioner of Canadian Competition and Competition Commission of India sign Memorandum of Understanding
Canadian International Joint Commission
Introduction Today’s global economy makes international cooperation in the enforcement of competition laws essential. To this end on 1 December 2014 Canada’s Commissioner of Competition (“Commissioner”) and the Competition Commission of India (“CCI”) signed a Memorandum of Understanding (“MOU”) on (...)

The EU General Court upholds €2.5m fine for IT irregularities during dawn raid (EPH / EPIA)
Simmons & Simmons (London)
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Simmons & Simmons (London)
On 26 November 2014, the General Court upheld a fine imposed on two Czech companies in the energy sector for obstructing access to electronic documents during a European Commission inspection. The General Court decision is significant because it provides further guidance on the European (...)

The Russian Competition Authority completes its unscheduled inspections in the market of the Russian poultry producers (Prioskolie)
Russian Federal Antimonopoly Service
FAS did not find elements of violating the law by poultry producers* The Federal Antimonopoly Service (FAS Russia) completed unscheduled inspections of the largest Russian poultry producers. The grounds for the inspections were a considerable number of petitions about increased wholesale and (...)

The Swedish Competition Authority closes an investigation of recommendation on amortisation of new mortgages (Swedish Bankers’ Association)
European Commission (Brussels)
SCA Closes Investigation of Recommendation on Amortisation by Swedish Bankers’ Association* In mid-October 2014, the Swedish Competition Authority (SCA) initiated an ex-officio investigation into a recommendation issued by the Swedish Bankers´ Association earlier the same month on amortisation (...)

The Competition Commission of India conducts its first unannounced inspection in the premises of a UK-based Indian subsidiary (JCB India Private)
TT&A
The Competition Commission of India (‘CCI’) recently conducted its first unannounced inspection (‘dawn raid’) in the premises of the UK-based construction equipment maker’s Indian subsidiary, JCB India Private Limited. This dawn raid was conducted in relation to an on-going investigation of abuse of (...)

The Dutch Authority for Consumer and Markets closes its investigation against a pharmaceutical company suspected of abuse of dominance by differencing the price of its drug sold inside and outside of hospitals (AstraZeneca)
Netherlands Authority for Consumers & Markets (The Hague)
ACM closes investigation into AstraZeneca* The Netherlands Authority for Consumer and Markets (ACM) has carried out an investigation into the large price difference between the price that international pharmaceutical company AstraZeneca asked for heart burn drug Nexium sold inside hospitals, (...)

The Moscow Arbitration Court confirms the fine imposed on an undertaking suspected to have participated to a cartel for failure to submit information (Argus-Spektr)
Russian Federal Antimonopoly Service
The Court confirmed legitimacy of a FAS determination* On 2nd September 2014, the 13th Arbitration Appeal Court (St Petersburg) pronounced legitimacy of FAS determination on holding “Argus-Spektr” CJSC administratively liable for failure to submit information upon a request of the antimonopoly (...)

The Russian Competition Authority issues a warning to an undertaking having violated the antimonopoly law (Sakhalin Energy)
Russian Federal Antimonopoly Service
“Sakhalin Energy” was issued an admonition* On 10th July 2014, the Federal Antimonopoly Service (FAS Russia) issued an admonition to “Sakhalin Energy Investment Company Ltd.” (“Sakhalin Energy”) to stop actions that have signs of violating the antimonopoly law. The company avoided concluding a (...)

The South African Competition Commission conducts dawn raids at the offices of undertakings competing on the markets for panel beating, spray painting and towing of vehicles (Precision / Eldan / VAAC)
Nortons Incorporated
Auto-Body Repair Centres raided by SACC* Earlier on 4 July 2014, the South African Competition Commission (“Commission”) has conducted dawn raids at the offices of Precision and Sons (“Precision”), Eldan Auto Body (“Eldan”) in Pretoria West, as well as the Vehicle Accident Assessment Centre (“VAAC”) (...)

The Hungarian Competition Authority initiates a competition supervision proceeding following its unannounced inspection held at the seats of two realtors (Duna House / Otthon Centrum Franchising)
Hungarian Competition Authority (Budapest)
The GVH commenced proceeding because of suspected cartel* On 3 July 2014 the Gazdasági Versenyhivatal (GVH – Hungarian Competition Authority) launched a competition supervision procedure against DUNA HOUSE FRANCHISE Kft. (Real Estate Agency) and Otthon Centrum Franchising Tanácsadó Kft. (Real (...)

The EU Court of Justice upholds the expansive geographic reach of a European Commission dawn raid decision in a cartel investigations (Nexans)
Jones Day (Brussels)
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Jones Day (Brussels)
The European Court of Justice (ECJ) has upheld the expansive geographic reach of a European Commission dawn raid decision in the electric cables cartel investigations. Nexans, one of ten companies being investigated, had argued that the geographic scope was overbroad and provided an (...)

The Polish Court for the Competition and Consumer Protection reduces severe penalty imposed by the Competition Authority for obstructing inspections during a dawn raid (Polkomtel)
Affre i Wspólnicy
On 18 June 2014, the Polish Court for the Competition and Consumer Protection (“SOKiK”) changed the decision issued by the President of the Office of Competition and Consumer Protection (“NCA”) in which Polish mobile telecom operator (Polkomtel) was fined for non-cooperation in the course of a dawn (...)

The Federal Court of Australia files an application seeking to challenge compulsory examination notices being part of an antitrust investigation into allegations of cartel conduct regarding a tender process for an exploration mining licence (Paul and Moses Obeid)
Australian Competition and Consumer Commission
Moses and Paul Obeid issue court challenge to ACCC examination notices* In response to media inquiries, the ACCC confirms that an application has been filed in the Federal Court of Australia which seeks to challenge compulsory examination notices issued by the ACCC to Paul and Moses Obeid (...)

The Australian Competition and Consumer Commission reminds the airline industry that despite the new competitive challenges and undergoing significant changes taking place on these markets, the involvement in cartel agreements will remain strictly monitored
King & Wood Mallesons (Sydney)
This article was originally published on In Competition by King & Wood Mallesons (click here). On 4 June 2014, ACCC Commissioner Dr Jill Walker spoke at the Swinburne Aviation Industry Conference on competition issues in the Australian aviation sector. Dr Walker’s speech is a timely (...)

The Slovak National Council introduces a whistleblower program in the context of a substantial amendment of the competition act
Diwok Hermann Petsche (Baker McKenzie Vienna)
Introduction Slovakia introduced a Whistleblower Program with the effect from 1 July 2014. The program represents a new institute under Slovak law as previously competition law did not include any financial (or other) reward for whistleblowers. Slovak competition law applies only to (...)

The Italian Competition Authority launches an investigation for alleged vertical agreements entered into with their partner hotels in violation of Article 101(1) TFEU (Booking.com / Expedia)
NCTM - Studio Legale Associato (Milan)
On 7 May 2014, the Italian Competition Authority (Autorità Garante della Concorrenza e del Mercato, the “Authority”) launched an investigation against Booking.com BV (hereinafter, “Booking”), Booking.com (Italia) S.r.l., Expedia Inc. (hereinafter, “Expedia”), and Expedia Italy S.r.l. for alleged (...)

The Italian Competition Authority opens an article 101 TFEU enquiry focused on the most favoured nation clauses (Hotel Online Reservation)
Desogus Law Office (Cagliari)
In the Online Hotel Reservation case the Italian Competition Authority (ICA) has launched an Article 101 TFEU investigation into contracts entered by two major online travel agencies (OTA), Expedia and Booking, with their partner hotels. More precisely, the ICA investigation will focus on the (...)

The Lithuanian Competition Council reopens investigation into agreements within cash handling market (G4S / DNB / SEB / Swedbank)
Lithuanian Competition Authority (Vilnius)
Competition Council reopens investigation into agreements within cash handling market* On April 22, the Competition Council (the KT) reopened the investigation into agreements within cash handling market. It was suspected that the mentioned agreements had failed to comply with the requirements (...)

The Israeli Restrictive Trade Practices General Director announces his intention to fine monopolies for charging excessive prices
Eshel, Ashlagi, Rozent Law Offices (Tel Aviv)
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Eshel, Ashlagi, Rozent Law Offices (Tel Aviv)
A. Introduction On April 9, 2014, the Restrictive Trade Practices General Director (the "General Director") published a directive regarding excessive prices charged by monopolies (the "Directive"). In the Directive, the General Director officially announced, for the first time, that he (...)

The South African Independent Communications Authority requests investigation into possible restrictive horizontal practices between two broadcasters (SABC / MultiChoice)
Primerio
Television antitrust saga continues, MultiChoice in the cross-hairs again* Interest group seeks antitrust investigation in free-to-air channels According to a press release by the Independent Communications Authority of South Africa (ICASA), the organisation proposed last on 4 April 2014 a (...)

The Moscow Appeal Court rejects claim regarding unscheduled on-site inspection conducted by the Competition Authority as part of a cartel investigation (Argus-Spekt)
Russian Federal Antimonopoly Service
Appeal Court confirmed: an inspection of “Argus-Spekt” CJSC was carried out fully in accordance with the law* The Head of FAS Anti-Cartel Department, Andrey Tenischev, commented the judgment of the 9th Arbitration Appeal Court: “It is not the first incident of challenging our inspections in (...)

The New Zealand Commerce Commission completes its long running case involving the cardboard packaging cartel (Visy Board / Amcor)
New Zealand Commerce Commission
Press releases published on New Zealand Commerce Commission Commission completes long running trans-Tasman cartel case* The Commerce Commission has completed its long running case involving the cardboard packaging cartel between Visy Board Pty Ltd (Visy) and Amcor Ltd with the final (...)

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

The South African Competition Commission confirms that it has conducted a dawn raid operation at the headquarters of two suppliers of edible oils and baking fats sold to wholesale and retail customers (Unilever / Sime Darby)
Nortons Incorporated
Surprise search and seizure visit at Unilever and Sime Darby in South Africa* The South African Competition Commission (“Commission”) has confirmed that it has conducted such a dawn raid operation at Unilever South Africa (Pty Ltd) (“Unilever”) and Sime Darby’s respective South African offices (...)

The South African Competition Commission initiates proceedings before Competition Tribunal in relation to cartel on the market for supply of power cables (Alvern Cables)
Nortons Incorporated
Cable Cartel may lead to battle of the titans* The South African Competition Commission (the Commission) has recently referred its findings of cartel conduct against Alvern Cables, South Ocean Electric Wire Company (SOEW), Tulisa Cables, and Aberdare Cables who are all suppliers of power (...)

The Irish Competition Authority Releases its 2013 Annual Report
Queen’s University Belfast
On 27 February 2014, the Irish Competition Authority published its 2013 Annual Report. A notable feature of this report is that it is the first report produced after Ireland exited its “bailout” by the Trokia: the IMF, ECB and EU. The Memorandum of Understanding 2010 Bailout required the (...)

The Hungarian Competition Authority conducts on spot inspections without prior notification at the premises of a number of TV-broadcasting companies (Media Support and Asset Management Fund)
Hungarian Competition Authority (Budapest)
Suspected cartel in public procedure* On 21 February 2014 the Hungarian Competition Authority (Gazdasági Versenyhivatal – GVH) initiated a supervision proceeding against HTD Szaknévsor Kiadó Kft., JRM Produkció Kft., Nosztalgia-Design Kft., “PUPU Produkció” Filmgyártó Kft., TVP Televíziós és videó (...)

The Italian Competition Authority opens an investigation against a consortium of Italian banks and other operators for a decision aimed at fixing multilateral interchange fees in bill payments (Consorzio BANCOMAT)
NCTM - Studio Legale Associato (Milan)
On 19 February 2014 the Italian Competition Authority (Autorità Garante della Concorrenza e del Mercato, the “Authority”) opened an investigation against Consorzio BANCOMAT (the “Consortium”) for a decision aimed at fixing the Multilateral Interchange Fee (the “MIF”) in relation to bills payment (...)

The Kenyan Competition Authority finds that the world’s second-biggest cement producer has engaged in a price-fixing agreement due to the acquisition of shareholdings in two direct competitors (Lafarge)
Nortons Incorporated
Kenya: Lafarge faces possible price-fixing penalties due to cross shareholding* East Africa back on antitrust enforcer’s mat in hybrid unilateral / collusion case The Kenyan Competition Authority has alleged that Lafarge has engaged in price-fixing due to the company’s cross-shareholding in (...)

The UK OFT brings criminal charges against ex-manager following an investigation into suspected cartel conduct in respect of the supply of galvanised steel tanks for water storage (Peter Nigel Snee)
University of East Anglia - CCP (Norwich)
Article published on Centre for Competition Policy blog. Can the OFT Succeed in its Latest Attempt at Bringing Criminal Charges Against an Individual for Cartel Conduct?* The Office of Fair Trading (OFT) has charged Peter Nigel Snee under section 188 of the Enterprise Act 2002. It is alleged (...)

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

The Italian Competition Authority opens an Article 101 TFEU investigation into bid-rigging practices in the health sector (Octreotid Supplies)
Desogus Law Office (Cagliari)
The Italian Competition Authority (ICA) will investigate into bid rigging practices that are thought to have affected a number of tender procedures organized by some regional health authorities for the award of contracts for the supply of a tumour drug (Case I770 Octreotid Supplies). The facts (...)

The UK OFT brings criminal charges for involvement in hardcore restrictions on the market for galvanised steel tanks (Peter Nigel Snee)
Hogan Lovells (London)
UK flexes its criminal enforcement muscle* In a move that signals that UK criminal cartel enforcement is set to increase, Peter Nigel Snee appeared on 27 January 2014 at Westminster Magistrates’ Court to face charges under the UK’s criminal cartel offence. Mr Snee has been charged under section (...)

The South African Competition Commission closes its investigation into exclusive lease agreements in the supermarket industry without taking further action (Shoprite / Woolworths / Spar Group / Pick’n Pay Stores / Massmart / Metcash)
Nortons Incorporated
Competition Commission concludes exclusive-lease investigation without taking action* The South African Competition Commission (“Commission”) has recently announced that it has concluded its investigation into the major retail grocery stores, namely Shoprite Holdings Ltd, Woolworths Holdings (...)

The Austrian Cartel Court imposes fines for resale price maintenance in food sector (Kärntnermilch, Vereinigte Kärntner Brauereien, Brauerei Schloss Eggenberg Stöhr)
European Commission (Brussels)
Austria: The Cartel Court imposes Fines for Resale Price Maintenance in Food Sector* In December 2013 and January 2014,the Cartel Court (the Court) took several decisions imposing fines on companies active in the food sector for having infringed Article 101 TFEU and §1 of the Austrian Cartel (...)

The Lithuanian Competition Council closes an investigation on the suspected anti-competitive agreement between the members of the national guild of breweries
Lithuanian Competition Authority (Vilnius)
Competition council closes investigation on suspected anti-competitive agreement between brewers* On December 23 The Competition Council (the Council) closed an investigation on the suspected anti-competitive agreement between the members of the Lithuanian Guild of Breweries. According to the (...)

The Competition Commission of Singapore issues first proposed infringement decision in relation to an international cartel (Ball and roller bearings manufacturers)
BHP Billiton (Singapore)
On 16 December 2013, the CCS issued a media release stating that a Proposed Infringement Decision (the “PID”) had been issued against four Japanese bearings manufacturers and their Singapore subsidiaries (the “Parties”) pursuant to the Singapore Competition Act, Chapter 50B (the “Act”). The CCS has (...)

The Lithuanian Competition Council closes an investigation and accepts remedies on vertical restraints implemented by several pharmaceutical undertakings and gives a recommendation to the Ministry of Health on ways to promote parallel imports of pharmaceuticals
Max Planck Institute for Innovation and Competition (Munchen)
On 21 July 2011 the Competition Council terminated the investigation on compliance of actions of several pharmaceutical undertakings with Article 5 of the Law on Competition and Article 101 TFEU by accepting commitments (Article 30(2) point 2 [now Article 28(3) point 2] of the Law on (...)

The Italian Competition Authority opens an investigation for collusive tendering against 23 Italian companies providing tv broadcasting post-production services (RAI)
NCTM - Studio Legale Associato (Milan)
On 10 December 2013, the Italian Competition Authority (Autorità Garante della Concorrenza e del Mercato, the “Authority”) opened an investigation against 23 Italian companies for an alleged collusive tendering within 20 calls for tenders convened by RAI – Radiotelevisione Italiana S.p.A. (the (...)

The Italian Competition Authority opens an Article 101 TFEU investigation against a purchase supercenter of several large supermarket chains (Centrale di Acquisto per la grande distribuzione autorizzata)
Desogus Law Office (Cagliari)
Introduction By a decision made on 4th December 2013 in the Centrale di Acquisto per la grande distribuzione autorizzata (Purchase Supercenter) case the Italian Competition Authority (ICA) has opened an Article 101 TFEU enquiry into the agreement concluded by several supermarket chains for the (...)

The Australian Competition and Consumer Commission finds that there is insufficient evidence to support a contravention of the cartel provisions in relation to casino operations in New South Wales and Queensland (Echo)
Australian Competition and Consumer Commission
ACCC statement on Crown/ Echo investigation* The Australian Competition and Consumer Commission has concluded an investigation following comments made by the Chairman of Echo Entertainment, Mr John O’Neill, that the Chairman of Crown, Mr James Packer, made a statement which could have been (...)

The Italian Competition Authority opens an enquiry into an alleged market sharing agreement in the private healthcare sector (Sanità privata nella regione Abruzzo)
Desogus Law Office (Cagliari)
In the Sanità privata nella regione Abruzzo (Healthcare Private Providers) case, by the decision made on 6 November 2013, the Italian Competition Authority (ICA) has opened an investigation against a number of private healthcare providers, Synergo, Villa Serena, Di Lorenzo and Villa Letizia. (...)

The OECD publishes meeting documents on the matter of ex-officio cartel investigations and the use of screens to detect cartels
Steve Szentesi Law Corporation
New Publications: OECD: Ex-officio Cartel Investigations and Use of Screens to Detect Cartels* The OECD has posted the papers from its recent (October 2013) discussion of ex officio cartel investigations and the use of screens to detect cartels. OECD overview: Fighting cartels remains a top (...)

The UK Office of Fair Trading launches call for information on undergraduate higher education
European Commission (Brussels)
United Kingdom: The Office of Fair Trading launches Call for Information on Undergraduate Higher Education in England* On 22 October 2013, the Office of Fair Trading (OFT) launched a call for information on the provision of undergraduate higher education in England by universities and other (...)

The New Zealand Commerce Commission issues a warning against previously used contractual clauses in relation to telecommunications retail service providers (Sky)
New Zealand Commerce Commission
Press releases published on New Zealand Commerce Commission Commerce Commission issues warning to Sky* The Commerce Commission has issued Sky Network Television Ltd (Sky) with a warning that it believes certain provisions in Sky’s contracts with telecommunications retail service providers (...)

The Qinghai Development and Reform Commission investigates price fixing of vegetables (Garlic Cartel)
University of Melbourne
,
China Competition Bulletin (Beijing)
,
Institute of American Studies
During a campaign to rectify market conduct in the Xining agricultural wholesale and retail market, the Qinghai Development and Reform Commission (Qinghai DRC) found that more than 20 businesses had formed a financing joint venture to control the price of garlic from Zhongmu, Henan Province, (...)

The Bulgarian Competition Authority investigates heating cost allocation companies for alleged coordinated behaviour relating to prices (Toplofikacia Sofia, Techem Services, Nelbo, Brunata and Ista Bulgaria)
European Commission (Brussels)
Bulgaria: The Commission for the Protection of Competition investigates Heating Cost Allocation Companies* On 18 September 2013, the Commission on Protection of Competition (CPC) opened an ex officio investigation pursuant to Article 15 of the Law on Protection of Competition (LPC) and (...)

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

The Hungarian Competition Authority initiates a sector inquiry on the online room reservation market of the tourism sector
Hungarian Competition Authority (Budapest)
Sector inquiry on the market of online room reservations* Pursuant to Article 43/C of the Competition Act, the Hungarian Competition Authority (GVH) has initiated a sector inquiry on the online room reservation market of the tourism sector in order to familiarise itself with and evaluate the (...)

The Belgian Competition Authority conducts dawn raids at the premises of the incumbent on the Belgian market for lotteries and betting (Nationale Loterij/Loterie Nationale)
Van Bael & Bellis (Brussels)
In a press release of 25 July 2013, the College of Competition Prosecutors confirmed that it had carried out dawn raids on 23 July 2013 at the premises of Nationale Loterij/Loterie Nationale, the incumbent on the Belgian market for lotteries and betting. Reportedly, the dawn raids follow (...)

The Romanian Competition Council opens an investigation regarding a possible cartel in the Romanian market for dairy products
Mircea & Partners (Bucharest)
The Romanian Competition Council opened an investigation regarding a possible cartel in the Romanian market for dairy products* On 18 July 2013, simultaneous dawn raids of the Romanian Competition Council took place at the headquarters of several dairy producers. The Romanian Competition (...)

A Dutch court annuls two cartel decisions for misuse of telephone taps (Constructions cartel and ship waste cartel)
Van Bael & Bellis (Brussels)
With two judgements of 13 June 2013 and 11 July 2013, the Rotterdam District Court annulled the decisions of the Dutch competition authority (now “ACM”) in a constructions cartel and a ship waste cartel. According to the Court, the telephone taps which provided evidence of the cartels could (...)

The Netherlands ACM calls for clearer and simpler contracts between breweries and business owners in the accommodation and food services industry
Netherlands Authority for Consumers & Markets (The Hague)
ACM in favor of clearer contracts with breweries* The Netherlands Authority for Consumers and Markets (ACM) calls for clearer and simpler contracts between breweries and business owners in the accommodation and food services industry. Clearer and simpler contracts help strengthen the position (...)

The Chinese NDRC announces an antitrust investigation into foreign manufacturers of infant milk formula
University of East Anglia - CCP (Norwich)
Article published on Centre for Competition Policy blog. Chinese Milk Powder Case: How Should We Interpret a Price Cut on the Announcement of an Antitrust Investigation?* Earlier this month, China’s National Development and Reform Commission (NDRC) announced an investigation into foreign (...)

The Italian Competition Authority opens an investigation into an alleged ferry cartel in the strait of Messina (Caronte&Tourist, Rete Ferroviaria Italiana)
Desogus Law Office (Cagliari)
Following the receipt of many complaints filed by several passengers between 2009 and 2013 reporting steady increases in the fares applied by ferry operators in the Strait of Messina, the Italian Competition Authority (ICA) has recently opened an Article 101 TFEU investigation. The proceedings (...)

The Hungarian Competition Authority discontinues the proceedings concerning the practice of recommended end-user prices contained in contracts with cash-register services providers (ALT CASH)
Hungarian Competition Authority (Budapest)
The GVH terminated its proceedings against ALT CASH Kft.* The Hungarian Competition Authority (hereinafter: GVH) terminated the proceedings it had initiated against ALT CASH Kereskedelmi és Szolgáltató Kft. for a suspected infringement of the prohibition of restrictive agreements. Based on the (...)

The New Zealand Commerce Commission issues a formal warning against attempt to fix prices for sanding and polishing services in the Taranaki region (Ansell Flooring)
New Zealand Commerce Commission
Press releases published on New Zealand Commerce Commission Taranaki flooring company warned over attempts to fix prices* The Commerce Commission has issued a formal warning to flooring company Ansell Flooring Limited for attempting to fix prices for sanding and polishing services in the (...)

The Spanish Competition Commission opens investigation into a car manufacturer for possible anti-competitive practices in the market for the supply of spare parts (Opel)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis
On 16 May 2013, the Spanish Competition Commission (CNC) announced that it has opened a formal investigation into the Spanish subsidiary of General Motors, Opel, for possible anti-competitive practices in the market for the supply of spare parts to Opel’s authorised dealers and repairers. (...)

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

The Colombian Competition Authority modifies the original terms of the opening of proceedings in an investigation of a possible cartel agreement involving twelve sugar mills, two distributors owned by the sugar mills and the trade association that groups them (Sugar cartel investigation)
Cortazar Urdaneta & Cia
The case Recently the SIC, the Colombian competition authority modified the original terms of the opening of proceedings in an investigation of a possible cartel agreement involving twelve sugar mills, two distributors owned by the sugar mills and ASOCAÑA, the trade association that groups (...)

The Chinese NDRC working groups conduct serious investigations into monopolistic practices in the cement industry
University of Melbourne
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China Competition Bulletin (Beijing)
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Institute of American Studies
It is reported that the National Development and Reform Commission (NDRC) has sent 30 working groups to various provinces and municipalities to conduct a large-scale investigation into unfair competition and monopolistic conduct in the cement industry. Price alliances and leading businesses (...)

The Italian Competition Authority concludes its first investigation against a notarial council for unlawful agreement (Consiglio Notarile di Lucca)
Lipani Catricalà & Partners (Rome)
1. Premise On 13 March 2013, the Italian Competition Authority (Autorità Garante della Concorrenza e del Mercato or AGCM, hereinafter the “ICA”) decided to impose a fine on the Notarial Council of Lucca (hereinafter “NCL”) for unlawful agreement concluding proceeding I747. According to the ICA, (...)

The German Competition Authority confirms its searches at the premises of several sanitary ware wholesalers
German Competition Authority (Bonn)
Bundeskartellamt confirms searches of sanitary ware wholesalers* The Bundeskartellamt confirms that on 6 March 2013 it carried out searches at the premises of several sanitary ware wholesalers. The authority followed up the suspicion that some sanitary ware wholesalers operate a system of (...)

The German Competition Authority confirms its searches at the premises of three companies in the steel industry
German Competition Authority (Bonn)
Bundeskartellamt confirms searches at three companies in the steel industry* The Bundeskartellamt confirms that on 28 February 2013 it carried out searches at three companies in the steel industry. The authority followed up the suspicion that companies on the market for the sale of steel strip (...)

The German Competition Authority launches a web survey targeting 2,400 sellers who offer their products on major internet platform (Amazon Marketplace)
German Competition Authority (Bonn)
Bundeskartellamt surveys Amazon Marketplace sellers* Today the Bundeskartellamt launched a web survey of 2,400 sellers who offer their products through Amazon Marketplace. Within the framework of administrative proceedings under competition law the Bundeskartellamt is examining the effects of (...)

The Italian Competition Authority opens investigation against pharmaceutical companies over suspected cartel in ophthalmologic medicines market (Novartis and Roche)
Van Bael & Bellis
On 14 February 2013, the Italian Competition Authority (the “Authority”) announced that it had opened an investigation against Genentech Inc., Hoffmann-La Roche Ltd, Novartis AG, Novartis Farma S.p.A. and Roche S.p.A., over suspicions that these may have been operating an illegal cartel in (...)

The Italian Competition Authority launches an investigation against pharmaceutical companies suspected of restricting drug sales (Roche, Novartis)
Studio Legale Scoccini E Associati
On February 6, 2013, the Italian Competition Authority ("ICA") launched a cartel investigation against Hoffmann-La Roche ("Roche"), Novartis, their respective Italian subsidiaries, and Genentec, a US company controlled by Roche and in which Novartis holds a 33% shareholding. The companies (...)

The Hungarian Competition Authority puts an end to a long running investigation into a possible cartel infringement by sugar producers (Sugar Cartel)
Allegro Consulting
1. Introduction On 19 December 2012, the Hungarian Competition Authority (GVH) put an end to a long running investigation into a possible cartel infringement by Hungarian sugar producers. The alleged infringement concerned the three main sugar producers in Hungary: Nordzucker Group (the parent (...)

The Jiangsu Administration for Industry and Commerce investigates unfair one-sided clauses while monopoly conduct in online shopping becomes a regulatory focus
University of Melbourne
,
China Competition Bulletin (Beijing)
,
Institute of American Studies
The Jiangsu Administration for Industry and Commerce (Jiangsu AIC) investigated one-sided unfair clauses in 12 industries. The 12 industries were water supply; electricity supply; gas supply; telecommunication services; cable television; real estate transactions; interior decoration and (...)

The President of the EU General Court suspends the Commission’s decision in order to prevent the publication of confidential information contained in a cartel decision (Akzo, Degussa)
Mircea & Partners (Bucharest)
I. Introduction The dissemination of historical information can still imply certain risks for the public or private interest and require confidential treatment. The present case refers to an action for annulment comprising a claim of confidential treatment of the information contained by (...)

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

The Supreme Court of Chile seems to be heading towards a per se rule in the assessment of cartel cases (Explora)
University College London
For the first time since the new Chilean Competition system started in 2004, the Supreme Court has overruled a decision of the Competition Tribunal in regard to a cartel case, which was not originally sanctioned by the latter. But also, the Supreme Court seems to have established a per se rule (...)

A US Attorney General launches a wide investigation into whether increasing consolidation among hospitals and physician groups may be resulting in supra-competitive prices for medical care
Sheppard Mullin (Los Angeles)
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Sheppard Mullin (Century City)
California Attorney General Becomes the Latest Antitrust Enforcer to Investigate Hospital/Doctor Group Combinations* California’s Attorney General has recently launched a broad investigation into whether increasing consolidation among hospitals and physician groups may be resulting in (...)

The Italian Competition Authority opens investigations against 3 telecom operators for an alleged cartel aimed at impeding “BIP mobile” from getting access to the market of mobile services (Telecom Italia, Vodafone and Wind)
University of Bologna
The Italian Competition Authority (AGCM) has opened investigations against Telecom Italia Spa, Vodafone and Wind for an alleged cartel aimed at forcing dealers not to give access to the downstream market to BIP mobile, the brand new mobile virtual network operator (MVNO) mainly acting as an (...)

The Italian Competition Authority initiates investigation against three telecom operators for alleged restrictive agreement (Telecom, Vodafone Omnitel and Wind Telecomunicazioni, Bip mobile)
European Commission (Brussels)
*Article originally published in ECN Brief 04/2012 (click here), under the title: "Italy: The Italian Competition Authority opens Proceedings against Telecom, Vodafone and Wind for alleged restrictive Agreement". Please note that the ECN is not the actual author of this article and that the (...)

The UK OFT issues statement of objections against two online travel agents and one hotels group for alleged restrictive practices (Booking.com / Expedia / Intercontinental Hotels)
European Commission (Brussels)
United Kingdom: The Office of Fair Trading issues Statement of Objections against Booking.com, Expedia and Intercontinental Hotels Group* On 31 July 2012, the Office of Fair Trading (OFT) issued a Statement of Objections alleging that Booking. com B.V. (Booking.com), Expedia Inc (Expedia) and (...)

The EU Commission sends SOs to more than a dozen companies in connection with investigations in the pharmaceutical sector (Perindopril)
Ashurst (Milan)
European Commission issues Statements of Objections against several pharmaceutical companies* On 25 and 30 July 2012, in relation to the Citalopram case and the Perindopril case respectively, the European Commission sent statements of objections (“SOs”) to more than a dozen companies in (...)

The EU Commission sends SOs to more than a dozen companies in connection with investigations in the pharmaceutical sector (Citalopram)
Ashurst (Milan)
European Commission issues Statements of Objections against several pharmaceutical companies* On 25 and 30 July 2012, in relation to the Citalopram case and the Perindopril case respectively, the European Commission sent statements of objections (“SOs”) to more than a dozen companies in (...)

The Canadian Competition Bureau jointly lays 77 charges against 11 individuals and 9 companies in the construction industry in connection with a Quebec bid-rigging case (Carrière Bernier, Cie Wilfrid Allen)
Steve Szentesi Law Corporation
Competition Bureau Jointly Lays 77 Charges Against 11 Individuals and 9 Companies in Quebec Bid-rigging Case – Tough Stance on Criminal Enforcement Continues* On June 21, 2012 the Competition Bureau announced that, together with the Unité permanente anticorruption (UPAC) in Quebec, it has laid (...)

The Indian Competition Commission breaks up a cement cartel and fines cartelists with a record fine of RPS 60 billion (Cement Manufacturers Association)
Computer and Communications Industry Association US (CCIA)
The Competition Commission of India (CCI) has fined eleven cement companies for fixing prices, and for limiting and controlling the output in the cement markets. The CCI has imposed record fines amounting to RPS 60 billion (approximately EUR 836 million) on the cartelists. Economic evidence, (...)

The US District Court for the Northern District of California denies motions for acquittal and for a new trial in LCD price-fixing conspiracy case (AU Optronics)
Wolters Kluwer (Riverwoods)
Convictions in LCD Panel Price Fixing Case Stand After Motions for Acquittal, New Trial Rejected* The government’s successful prosecution of AU Optronics Corporation, its wholly-owned U.S. subsidiary, and two former company executives serves as a cautionary tale. The case marks the first time a (...)

The Netherlands Competition Authority fines five onion producers for their participation in cartel agreements (TOP, VECO, CROP, Thopol, Promofin)
European Commission (Brussels)
The Netherlands: The Competition Authority fines Silverskin Onions Cartel* On 25 May 2012, the Netherlands Competition Authority (NMa) imposed fines of more than € 9 000 000 on five growers and processors of silverskin onions for their participation in cartel agreements concerning the maximum (...)

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

A Swedish court imposes fines on coach companies for price coordination, market restriction and market sharing (Coach Cartel Case)
Administrative Court of Appeal (Gothenburg, Sweden)
Introduction The judgment of Stockholm District Court ("the Court") in the coach cartel case was delivered on 24 February 2012. The two largest coach companies in Sweden were found to have restricted competition between 2007 and 2009 on the market for coach package tours to Europe through (...)

The Hungarian Supreme Court pronounces a document acquired from an unspecified source as admissible in a bid rigging case concerning tenders published by the Municipality of Budapest for construction and renovation works
Hungarian Competition Law Research Centre
Facts The Hungarian Competition Office (HCO) established that the defendants engaged in bid-rigging concerning certain tenders published by the Municipality of Budapest for construction and renovation works (roads, bridges) and imposed fines. The key evidence was a hand-written document that (...)

The Hungarian Supreme Court confirms the Competition Authority decision on the road construction cartel (Strabag, Hidépit, Betonut, EGUT)
European Commission (Brussels)
Hungary: Road Construction Cartel Decision confirmed by the Curia* On 6 February 2012, the Curia of Hungary (Curia, previously known as the Supreme Court of Hungary) upheld the 2004 decision of the Gazdasági Versenyhivatal (GVH - Hungarian Competition Authority) – which found that the road (...)

The US DoJ obtains guilty plea by two Japanese suppliers of automotive electrical components imposing a $548 M fine for their involvement in price fixing and bid rigging conspiracies in the auto parts sales (Automotive component suppliers’ cartel)
Wolters Kluwer (Riverwoods)
Fines Mounting in Department of Justice Auto Parts Cartel Investigation* The Department of Justice today announced a total of $548 million in fines resulting from a second round of charges in the government’s ongoing investigation into collusive activity in the auto parts industry. Two more (...)

The Paris Court of Appeals addresses the issue of the notion of generalized and continuous infringement in competition law (Luxury Perfumes case)
Vogel & Vogel
On 21 October 1998, the French Competition Council had initiated ex officio an investigation into the luxury perfumes sector. By the end of the investigation, the Council estimated that, between 1997 and 2000, a general and continuous vertical agreement between several well-known brands and (...)

The Argentinian Competition Authority concludes the investigation against five oil & gas corporations for imposing discriminatory and excessive prices to public transportation companies (YPF, Shell, Esso, Petrobras and Oil)
Computer and Communications Industry Association US (CCIA)
On 26 January, 2012 upon recommendation of Argentina’s National Competition Commission (ANCC), the Ministry of Economics & Finance ordered the 5 major oil & gas corporations -namely YPF (participated by Repsol YPF), Shell, Esso (Exxon Mobile), Petrobras and Oil- active in the Argentine (...)

The Korean Fair Trade Commission offers funding private antitrust class action against two electronics companies fines for price-fixing (Samsung, LG)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Washington)
,
Skadden, Arps, Slate, Meagher & Flom
Competition authorities around the globe are taking an increasingly active part in the pursuit of civil claims for damages for antitrust infringements. The decision by the Korean Fair Trade Commission (“KFTC”), announced on 24 January, to finance a damages action brought by the Green Consumer (...)

The Austrian Supreme Court clarifies Federal Competition Authority’s powers of inspection
European Commission (Brussels)
Austria: The Supreme Court clarifies FCA’s Powers of Inspection* On 30 December 2011, the Supreme Court acting as Supreme Cartel Court rejected several appeals against search warrants granted to the Federal Competition Authority (FCA) by the Cartel Court, taking the opportunity to give some (...)

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

The European Commission publishes a revised version of its best practices for the submission of economic evidence and data collection in competition cases
RBB Economics (Brussels)
The Commission’s Best Practices for the Submission of Economic Evidence: Improved, but still lacking in key areas* On 17 October, the Commission published a revised version of its Best Practices for the submission of economic evidence and data collection in competition cases (“BP”). The first (...)

An Hungarian court of appeal confirms the annulment of the decision of the Competition Office and sets guidelines for repeated proceedings in road construction cartel matter (Egút Egri Építő, Colas Dunántúli Út-és Vasútépítő)
lakatos, koves and partners
The Budapest Metropolitan Court of Appeal (the “Court of Appeal”) recently delivered a judgment that provides an insight into the Court of Appeal’s approach to a number of substantive law and procedural law issues concerning cartel matters. The case before the Court of Appeal concerned the second (...)

The UK OFT closes criminal investigation in the automotive sector
DLA Piper
On 4 October 2011, the OFT announced that it had closed its criminal investigation into alleged criminal conduct under the Enterprise Act 2002 cartel offence, involving suppliers to the automotive sector. Under the Enterprise Act 2002, the OFT has the ability to investigate suspected criminal (...)

The European Court of Justice issues its preliminary ruling holding that restricting the sale of European foreign satellite decoder cards is “contrary to the freedom to provide services” (Football Association Premier League)
Max Findlay Associates
Little, large and not proven* The big story for British sports fans has been the recent ruling by the Court of Justice of the European Union (ECJ) in the FA Premier League / Karen Murphy case. Effectively, the ECJ has said that British viewers can buy live English Premier League football (...)

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

The US Supreme Court denies petition to review conviction for conspiring to obstruct justice in a price-fixing investigation in carbon products industry (Norris)
Wolters Kluwer (Riverwoods)
Antitrust Decision from Supreme Court Unlikely During Current Term* It is beginning to look like the U.S. Supreme Court will not be taking up any antitrust cases in the current term. Last week, the Court denied six petitions for review in antitrust-related matters. Just yesterday, the Court (...)

The US Supreme Court denies petition to review antitrust price-fixing case in the gasoline industry (Refined petroleum products antitrust litigation)
Wolters Kluwer (Riverwoods)
Antitrust Decision from Supreme Court Unlikely During Current Term* It is beginning to look like the U.S. Supreme Court will not be taking up any antitrust cases in the current term. Last week, the Court denied six petitions for review in antitrust-related matters. Just yesterday, the Court (...)

The Slovak Antimonopoly Office imposes a fine for bid rigging in public procurement of office supplies (PAP-PEX)
Havel, Holasek & Partners (Brno)
Relevant facts On 28 September, 2011, the Slovak Antimonopoly Office’s Cartel Department (the “Office”) imposed a fine on both PAP-PEX and SLOVPAP Slovakia in the total amount of EUR 63,387 for colluding over bids on office supplies in relation to a public procurement of the Social Insurance (...)

The Spanish CNC fines company in the ferry transportation for obstruction to a surprise inspection (Transmediterranea)
Callol, Coca & Asociados (Madrid)
NCC has imposed a heavy fine for conduct by members of inspected company Transmediterranea allegedly obstructing a surprise inspection at company premises. Although it is not the first time the NCC fines a company for obstruction in the framework of dawn raids, the facts of this case look (...)

A US District Court receives class action lawsuit alleging price-fixing of e-books sales between five major publishers and a leading electronic devices producer (Hachette Book, HarperCollins, Apple)
Sidley Austin (Brussels)
Is Apple forcing customers to pay more for e-books? - Global developments in the alleged e-book price-fixing case* European investigations On December 6, 2011 the European Commission announced that it opened formal proceedings to examine whether five major international publishers (Hachette (...)

The Austrian Competition Authority files application for fines in textile-cleaning sector investigation
European Commission (Brussels)
Austria: The BWB files Application for Fines in Textile-Cleaning Sector Investigation* On 9 August 2011, the Federal Competition Authority (BWB) filed an application under Article 101 TFEU and Sec 1 of the Cartel Act 2005 for the imposition of fines against two undertakings which are active in (...)

The Spanish Competition Commission fines a company group in the gas sector for hindering access to natural gas supply (Gas Natural Group)
Callol, Coca & Asociados (Madrid)
On 2 December 2009 the Investigation Direction of NCC opened a formal proceeding against Gas Natural due to possible anticompetitive practices consisting of hindering access to the natural gas supply market by refusing to process suppliers’ change requests made trough sound recordings. The (...)

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

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

The Spanish Competition Authority imposes a € 170,300 fine for participation in shower gel cartel (Grupo Colomer)
Van Bael & Bellis (Brussels)
On 5 July 2011, the Spanish Competition Authority (“CNC”) announced that it had fined Grupo Colomer (“Colomer”) € 170,300 for its participation in a shower gel cartel. In an earlier decision of 21 January 2010, the CNC found that three shower gel producers (Sara Lee, Puig and Colgate Palmolive) had (...)

The EU Commission repeals heat stabilizers cartel decision applying rules about limitation periods for the imposition of fines after EU Court judgment (Ciba/BASF and Elementis)
Max Findlay Associates
Chaos theory* Naturally, we all want change to be orderly. This is particularly true when something goes wrong and someone official has to come in and sort it out. Take, for instance, the heat stabilisers cartel case. Earlier this month, the European Commission revoked the €101m fines it had (...)

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

The Competition Authority of Bosnia & Herzegovina addresses anti-competitive regulations on the taxi market of one of the cantons (Ministry of Transport of the Sarajevo Canton and Assembly of the Sarajevo Canton)
University of Technology (Tallinn)
On 14 June 2011 the Competition Authority of Bosnia & Herzegovina (KV) established that the Assembly of Sarajevo canton and the Ministry of Transport of Sarajevo canton by adopting a series of sector-specific regulations have restricted competition on the market for taxi services on the (...)

The EU Court of Justice issues a preliminary ruling holding that national courts need to balance on a case-by-case basis the interest of preserving the effectiveness of leniency programmes and that of facilitating private enforcement by third parties (Pfleiderer)
Winston & Strawn (London)
,
DLA Piper (Frankfurt)
On 14 June 2011, the European Court of Justice (ECJ) handed down a key judgment regarding the interplay between national leniency programmes and the right of individuals to claim damages for losses in EU cartel cases. The ECJ held that documents submitted under the auspices of a national (...)

The Court of Rotterdam decides former employees cannot invoke the right to remain silent
European Commission (Brussels)
The Netherlands: The Court of Rotterdam decides former Employees Cannot invoke the Right to remain silent* On 9 June 2011, the Court of Rotterdam (the Court) ruled that the appeals lodged by the former employees of two undertakings against the decisions of the Netherlands Competition Authority (...)

The EU Commission opens investigation against two pharmaceutical companies on account of patent settlement agreement (Cephalon / Teva)
Van Bael & Bellis
On 28 April 2011, the European Commission opened of its own motion formal competition proceedings against Cephalon, Inc. (“Cephalon”) and Teva Pharmaceutical Industries, Inc. (“Teva”) on account of a patent settlement agreement between the parties. Under the agreement, Teva undertook not to sell (...)

The Italian Competition Authority closes the proceeding against nine petrol companies finding no evidence of a cartel in the wholesale market for the supply of bitumen for road construction (Aumento Prezzi Bitume)
Ashurst
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Pirelli
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Introduction On 20 April 2011, the Italian Competition Authority ("ICA") adopted a decision closing the investigation launched in May 2010 against nine oil companies, Alma Petroli S.p.A., Api-Anonima Petroli Italiana S.p.A., ERG Petroli S.p.A., Eni S.p.A., Esso Italiana S.r.l., IES-Italiana (...)

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

The French Court of Cassation rules that non-contestation of the objections by certain parties limits others’ defence to non-participation in the infringement (Manpower / Adecco / Adia / Randstad)
Vogel & Vogel
The Paris Court of Appeal had ruled against the world’s leading temporary employment agencies for a price cartel concerning their major clients. The Court of Cassation has delivered a most informative decision of rejection in respect of all the appeals – essentially procedural - against the (...)

The EU General Court overturns EC’s fine decision becasuse of insufficient evidence to sustain the penalty in a copper fitting cartel (Aalberts Industries)
On March 24, 2011, the European General Court overturned more than €100 million in fines imposed against Aalberts Industries NV and its subsid- iaries for its alleged involvement in a copper fittings cartel, finding the EC’s evidence insufficient to sustain the penalty. The EC had fined 30 (...)

A US District Court dismisses class action alleging electricity overcharges (Simon / Keyspan)
Skadden, Arps, Slate, Meagher & Flom (Washington)
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Skadden, Arps, Slate, Meagher & Flom
KeySpan Corporation secured a sweeping victory on March 22, 2011, in the U.S. District Court for the Southern District of New York. Judge Shira Scheindlin’s broad decision granted with prejudice KeySpan’s motion to dismiss a putative consumer class action claiming approximately $360 million in (...)

The US DoJ announces that a company agreed to plead guilty and to pay a fine in a color display tube price-fixing cartel (Samsung)
Hirschler Fleischer (Richmond)
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IBM (New York)
On March 18, 2011, the DOJ announced that Samsung SDI (“Samsung”) agreed to plead guilty in a color display tube (“CDT”) price-fixing conspiracy and to pay a $32 million criminal fine. On the same day, the DOJ filed a one-count felony information in the US District Court for the Northern District (...)

A US District Court approves a settlement in a class action based on LCD price-fixing suit (In re LG Philips LCD)
Arent Fox
On March 11, 2011, Judge Richard Sullivan of the US District Court for the Southern District of New York gave final approval to a settlement between LG Display Co. Ltd. (“LG”) and a class of investors who alleged that LG’s stock price was artificially inflated due to LG’s undisclosed participation (...)

The German Bunsdekartellamt imposes € 38 M fine on three consumer goods manufacturers for illegal exchange of competition relevant information concerning the state of negotiations with major retailers and prices increases (Kraft Food, Unilever, Dr. August Oetker)
European Commission (Brussels)
Germany: Multi-million Fines imposed on Manufacturers of Consumer Goods* On 17 March 2011, the Bundeskartellamt (BKartA) imposed fines totalling € 38 000 000 on three manufacturers of consumer goods on account of the illegal exchange of competition relevant information infringing German and (...)

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

The Turkish Competition Authority concludes its investigation in banking industry regarding “gentlemen’s agreement” between 8 banks and imposed an administrative fine of 33 million Euros on 8 banks for anti-competitive agreements and concerted practices
Hewlett Packard (Istanbul)
I. Background Turkish Competition Authority (TCA) concluded its investigation in banking industry regarding “gentlemen’s agreement” between 8 banks. The investigation has been launched in August 2009, and hearing before the Competition Board took place on March 1, 2011. The short version of the (...)

The German Bundeskartellamt investigates settlement of a tender dispute for suspect cartel infringement (Abellio / DB Regio NRW)
Heinz & Zagrosek (Köln)
"The FCO targets settlement of a tender dispute for suspicion of cartel infringement"* From December 2010 to February 2011, the FCO investigated a planned settlement between the parties to a tender dispute in the public transport sector. The FCO suspected that the planned settlement would (...)

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

The Chinese State Administration for Industry and Commerce (SAIC) publishes details of decision issued by the local Administration for Industry and Commerce (AIC) in concrete market-sharing cartel (Concrete Committee cartel)
Linklaters (Beijing)
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Linklaters (Shanghai)
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Linklaters (London)
The State Administration for Industry and Commerce (“SAIC”) recently published on its website details of a case brought by the Administration for Industry & Commerce (“AIC”) of Jiangsu Province against a local construction materials and machinery association and its respective members for (...)

The Portuguese Competition Authority fines the national association of parking companies for an unlawful decision to restrict competition (Associação Nacional de Empresas de Parques de Estacionamento)
Sérvulo & Associados
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Eduardo Paz Ferreira & Associados
On 19 January 2011, the Portuguese Competition Authority (PCA) announced, through press release 1/2011 and a Q&A report that it has imposed on the National Association of Parking Companies (ANEPE) a fine of € 1,971,397 for anticompetitive practices in the national market for the (...)

The New York Supreme Court issues a decision on resale price maintenance in the mattress manufacturing sector applying the rule of reason standard (Tempur-Pedic International)
Wolters Kluwer (Riverwoods)
New York’s Challenge To Mattress Maker’s Resale Pricing Policy Fails* The State of New York was not entitled to an order enjoining mattress manufacturer Tempur-Pedic International, Inc. from restricting discounting by its authorized retailers, a New York state court has ruled. The New York (...)

A Californian Superior Court issues a decision on resale price maintenance in cosmetic sector applying the per se rule (Bioelements)
Wolters Kluwer (Riverwoods)
New York’s Challenge To Mattress Maker’s Resale Pricing Policy Fails* The State of New York was not entitled to an order enjoining mattress manufacturer Tempur-Pedic International, Inc. from restricting discounting by its authorized retailers, a New York state court has ruled. The New York (...)

The Italian Competition Authority accepts commitments and closes investigations into Sicilian power prices (Sicilian power prices)
European Commission (Brussels)
* 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 Chinese State Administration for Industry and Commerce (SAIC) issues three substantive regulations on enforcement of the Anti- Monopoly Law
Linklaters (Beijing)
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Linklaters (Shanghai)
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Linklaters (London)
On 7 January 2011, the State Administration for Industry and Commerce (“SAIC”) published three substantive Regulations on enforcement of the Anti- Monopoly Law (“AML”), regarding Monopolistic Agreements, Abuse of Dominance and Abuse of Administrative Powers. In May 2009 and May 2010, SAIC twice (...)

The Chinese National Development and Reform Commission (NDRC) and the State Administration of Industry and Commerce (SAIC) adopt new leniency procedure in cartel investigations
Jones Day (Beijing)
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Gibson Dunn (Hong Kong)
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Jones Day (Beijing)
This article has been nominated by the Business Steering Committee for the business category, anticompetitive practices section of the 2012 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. This Commentary analyzes China’s leniency program for cartel (...)

The Dutch Competition Authority fines insulated glass manufacturers’ cartel more than € 17 Million (Koninklijke Saint-Gobain Glass Nederland, Scheuten Glas Nederland, Pilkington Benelux)
European Commission (Brussels)
* 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 Spanish Competition Commission closes monitoring of termination by commitments agreement in interchange fees for transactions by debit and credit cards case (SERVIRED, SISTEMA 4B and EURO 6000)
European Commission (Brussels)
* 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 General Court of the European Union annuls a Commission’s decision limiting its discretion to reject complaints and addressing the issue of market definition in the luxury watches repair services and spare parts markets (CEAHR)
Garrigues (Brussels)
Wrapping up the week / Case T-427/08, CEAHR v Commission* Case T-427/08, CEAHR v Commission The complaint: The European Confederation for watch repairers associations lodged a complaint before the Commission alleging that watch manufacturers had engaged in agreements and/or concerted (...)

The EU General Court confirms the €38 million fine imposed for breaking a seal affixed to an office of a company by the Commission during an inspection (E.ON Energie)
Vogel & Vogel
On 15 December 2010, the General Court of the European Union (EGC) handed down a tough but very thoroughly argued decision on the infringement of breaking of an official seal. The European Commission had ordered an inspection of the premises of the company E.ON Energie AG in the context of an (...)

The EU Commission fines six LCD panel producers for price-fixing cartel (Samsung / LG / AU Optronics / Chunghwa / Chimei InnoLux / HannStar)
Skarzynski Black LLC (New York)
In addition to the DOJ probe, the European Commission (“the Commission”) has been actively investigating an alleged price-fixing conspiracy in the TFT-LCD industry. This investigation culminated, on December 8, 2010, with the Commission levying a total of €649 million ($858 million) in fines (...)

The Turkish Competition Authority decides not to launch an in-depth investigation into a cartel-like joint-venture formed by three manufacturers in the school uniform market (Okulcu)
University of Sussex
This study analyses the decision of the Turkish Competition Authority (TCA) in which it has decided that a company formed by three manufacturers of school uniforms could not be regarded as a joint-venture, nor could it be given an individual exemption. Although the formation of the company was (...)

The Spanish Competition Authority launches investigation into possible anticompetitive practices in the manufacture, distribution and marketing of envelopes, filing materials and other paper products sectors
European Commission (Brussels)
Spain: Competition Authority’s Investigation into the Manufacture, Distribution and Marketing of Envelopes, Filing Materials and other Paper Products On 19 October 2010, inspectors from the National Competition Commission (CNC) carried out inspections at the headquarters of the main (...)

The UK OFCOM decides not to launch a full investigation on a venture aimed to design common technical specifications for the provision of web-based content to consumers’ television sets (Project Canvas - YouView)
Central Bank of Ireland
On 19 October 2010, the UK communications regulator, Ofcom, announced that it would not initiate a full investigation under the Competition Act into the Project Canvas/YouView venture. Virgin Media and IPVision had submitted complaints to Ofcom under the Competition Act. Also, Ofcom received (...)

The ECJ confirms Commission must assess whether an agreement to limit parallel trade in medicines has pro-competitive benefits (GlaxoSmithKline)
Linklaters (Paris)
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Linklaters (London)
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French Competition Authority (Paris)
On 6 October, the European Court of Justice (‘ECJ’) issued another “score draw” judgment in the long-running battle of R&D-based pharmaceutical companies to limit parallel trade in medicines across the EU. While the ECJ required the European Commission to conduct an in-depth examination of (...)

The UK Parliament revokes land agreements’ exemption from competition law
Morgan Lewis (London)
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Squire Patton Boggs (London)
The UK Competition Act prohibits agreements that have the object or effect of restricting competition within the UK. Currently, land agreements - such as freehold, leasehold and rental agreements - are exempt from the prohibition, but that is all about to change. With effect from 6 April 2011, (...)

The US DoJ obtains guilty plea by a former employee of a national bank for bid-rigging and fraud conspiracies in municipal bond probe (Bank of America)
J.P. Morgan
Douglas Lee Campbell, a former senior vice president in Bank of America’s municipal derivatives group, has pled guilty to conspiracy to restrain trade, conspiracy, and wire fraud for engaging in bid-rigging and fraud conspiracies in connection with more than 200 guaranteed investment contracts (...)

The US Attorney General in Connecticut investigates potentially anticompetitive e-book deals (Amazon / Apple)
Stanford University - Stanford Law School
Attorney General of Connecticut investigating agreements on e-books* On 2 August 2010 the Attorney General of Connecticut announced an investigation into agreements between e-book publishers and sellers that may encourage coordinated pricing and prevent discounting of e-books. In particular, (...)

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 Commission fines animal feed phosphates producers for price-fixing and market-sharing in its first "hybrid" cartel settlement case (Yara Phosphates, Tessenderlo Chemie)
Winston & Strawn (London)
The European Commission (Commission) has today announced its first settlement of a cartel case in a so-called "hybrid" scenario, in which all but one company settled the case with the Commission in return for a 10 percent reduction in each of their fines (IP/10/985). The Commission has fined (...)

The US Court of Appeals for the 3rd Circuit vacates a class action settlement in diamond industry favoring the status of direct purchasers for antitrust laws enforcement in U.S. courts (Sullivan, DB Investments)
Gibson Dunn (New York)
In U.S., It’s Getting Harder to Bring Consumer Antitrust Class Actions* One of the inevitable facts of life in the U.S. after a government antitrust investigation becomes public – especially if it is a cartel investigation with an amnesty applicant or guilty pleas – is customer class actions. (...)

The Italian Competition Authority starts investigation against main marketing consulters associations under Art. 2 and 14 of Law 287/1990 (ACPI)
Codacons
ACPI and TP (Associations of Italian Marketing Consulters) are formed by natural persons, who have worked up to five years in the field of marketing consultation and communication industry and have covered directorial roles, enrolled to the Italian Commerce Chamber. In July 2009, the Italian (...)

The Italian Competition Authority starts investigation against alleged price fixing between the main players in the field of maritime agency service (Servizi di Agenzia Marittima)
Codacons
In December 2007 Italian Competition Authority (hereinafter ICA) was reported about a potential behaviour which could have undermined the competition among maritime service agencies. Many companies were suspected to implement agreements even through using the category associations (Associazione (...)

The UK OFT publishes a survey research suggesting increased awareness of competition in the construction industry
University of East Anglia - CCP (Norwich)
Article published on Centre for Competition Policy blog. Does a High Profile Cartel Investigation Reduce Bid-Rigging?* The OFT have published survey research suggesting greater awareness of competition laws in the construction industry following enforcement, but not the sea change we would (...)

The Bulgarian Competition Authority finds no cartel on the market for banking services (Association of Banks in Bulgaria)
University of Technology (Tallinn)
On 3 June 2010 the Bulgarian Competition Authority (CPC) finalized its investigation into the alleged existence of price coordination in the banking sector with the finding that the collected evidence did not allow to establish the existence of a cartel and that similarity in prices was (...)

The European Commission reaches first cartel settlement and imposes fines in the DRAM industry (Micron, Infineon)
Winston & Strawn (New York)
On May 19, 2010, the EC announced that, for the first time, it had resolved a cartel case through the use of its settlement procedure. The groundbreaking settlement resolved the EC’s investigation of ten producers of Dynamic Random Access Memory (“DRAM”) chips used in computers and servers. As the (...)

A UK Jury, following the UK OFT’s withdrawal of its criminal proceedings for price-fixing charges, acquits executives of airline company (British Airways)
Sahn Ward Coschignano & Baker (New York)
On May 10, 2010, the presiding judge ordered a London jury to acquit four British Airways executives of charges stemming from their alleged involvement in a price-fixing conspiracy between Virgin and British Airways to maintain the prices of passenger fuel surcharges, following the discovery of (...)

The UK OFT concludes the promising criminal case brought against the main national airline’s executives (British Airways)
WTG Events
I. Legal background The UK criminalized competition law in 2002 by adopting the Enterprise Act, which came into force in June 2003. It set up a whole new framework to prosecute, on a criminal basis, the individuals responsible for the establishment and implementation of hard-core cartels: the (...)

The Spanish Competition Authority opens formal proceedings on anti-competitive practices in the plastic containers for fruit and vegetable packaging sector (INFIA, S.r.l.-Divisione ILIP, AGROENVAS and VERIPACK EMBALAJES)
European Commission (Brussels)
Spain/Italy: The Italian Competition Authority (AGCM) carries out Inspections on behalf and for the account of the Comision Nacional de la Competencia (CNC) On 2 March 2010, inspectors from the CNC have carried out inspections at the head offices of the leading makers and sellers of plastic (...)

The Chinese State Administration for Industry and Commerce (SAIC) issues new draft rules under the Chinese Anti-monopoly law increasing flexibility on leniency program
AnJie Law (Beijing)
China’s Leniency Program Taking a Hazy Shape* Leniency program is an effective tool in exposing cartels. This has been confirmed by over 20 antitrust jurisdictions having leniency program around the world. China joined the club on August 1, 2008, when the Anti-Monopoly Law of PRC (“AML”) came (...)

The UK OFT drops allegations in dairy cartel investigation (Tesco, Morrisons)
Morgan Lewis (London)
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Jones Day (London)
,
London School of Economics
On 30 April 2010, the Office of Fair Trading (« OFT ») announced it was dropping a number of allegations in its dairy cartel investigation. The OFT conceded there was insufficient evidence of antitrust infringement in the information exchanges it had been investigating since 2003. The OFT (...)

The UK Competition Authority issues first short-form opinion under new process (Makro-Self Service, Palmer & Harvey)
European Commission (Brussels)
United Kingdom: The Office of Fair Trading (OFT) issues first Competition Advice under new Process On 27 April 2010, the OFT made use for the first time of its new ‘Short-form Opinion’ process by issuing advice to grocery wholesalers Makro-Self Service and Palmer & Harvey following a request (...)

The UK OFT accepts fine settlement for price fixing cartel in the bank industry (Royal Bank of Scotland)
University of East Anglia - CCP (Norwich)
Article published on Centre for Competition Policy blog. Reckless Bank Saved by the Taxpayer Will Now Pay Cartel Fine* British bank, Royal Bank of Scotland (RBS), has agreed to pay a fine of £28.6 million for price fixing. RBS employees shared confidential pricing information concerning (...)

The US DOJ opens an investigation into possible collusion among various hedge funds that trade euro contracts
White & Case (Washington)
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White & Case (New York)
,
White & Case (New York)
According to published reports, the Antitrust Division of the US Department of Justice (DOJ) has opened an investigation into possible collusion among various hedge funds that trade euro contracts. The inquiry comes amid a sharp decline in the value of the euro, which has fallen approximately (...)

The Romanian Competition Council fines € 3.4 M an undertaking for providing inaccurate information during the course of an investigation on alleged anti-competitive agreement in the banking sector (Raiffeisen Bank - Société Générale)
Musat & Asociatii (Bucharest)
On April the 21st 2010 the Romanian Competition Council (the ‘Council’) issued a press release stating that it had fined Raiffeisen Bank SA (‘Raiffeisen’) for supplying inaccurate information during the course of an investigation, making it the second bank fined during the course of that (...)

The Paris Court of Appeals decreases fines on cartel members in the steel industry generating the urgency for a greater convergence on the calculation of fines for antitrust infringements (AMD, Arcelor)
Jones Day (Paris)
Towards greater convergence on the calculation of fines* It is not uncommon for the law to progress as a consequence of significant discrepancies and disagreements arising between courts and enforcers. This is exactly what may currently be happening to the French rules governing the (...)

The EU Commission monitors whether patent settlements concluded between pharmaceutical companies infringe EU antitrust rules
Morgan Lewis (London)
,
Squire Patton Boggs (London)
On 12 January 2010, the European Commission sent an information request to a number of pharmaceutical companies, seeking copies of their patent settlement agreements, to check their compliance with EU antitrust rules (Official Press Release IP/10/12), as a follow up to its pharmaceutical sector (...)

The Lithuanian Competition Authority announces termination of investigation into motor vehicle manufacturers and distributors (Hyundai, Renault, Toyota, Honda and Saab)
Van Bael & Bellis (Brussels)
Early in 2009, the Lithuanian Competition Council launched an investigation into certain companies active in the sale of new motor vehicles in Lithuania, examining claims that these companies had required customers to have their vehicles serviced only by an authorized dealer/repairer of the (...)

The Irish Competition Authority publishes booklet on the detection and prevention of collusive tendering
European Commission (Brussels)
Ireland: The Competition Authority raises Awareness on Harm caused by Bid-Rigging/Collusive Tendering, and publishes booklet on “The Detection and Prevention of Collusive Tendering”, and organizes “Bid-Rigging Road-Show&” On 20 December 2009, the Irish Competition Authority published an (...)

The Italian Revenue Police raids pasta makers during an investigation into a suspected price-fixing cartel (Barilla, De Cecco, Garofalo, Amato, Di Vella)
Van Bael & Bellis (Brussels)
On 15 December 2009, a number of Italy’s largest pasta makers were raided by the Italian Revenue Police as part of a criminal investigation into a suspected price-fixing cartel, which is alleged to have caused an increase in the retail price of pasta by 50% in the last two years. The (...)

The Polish Competition Authority issues the highest fine in its history (Cement Cartel)
Wiercinski Kwiecinski Baehr (Poznan)
,
Orange (Warsaw)
On December 8, 2009, the Polish competition authority, the President of the Office for Competition and Consumer Protection, issued a decision in which it found that 11 companies operating on the cement market entered into an anticompetitive agreement breaching Polish national law and the EU (...)

The Italian Competition Authority launches an investigation into possible anticompetitive agreements involving a trade association and international freight forwarders (Fedespedi)
European Commission (Brussels)
Italy: Antitrust Authority launched an Investigation into possible Agreements restricting Competition involving the Fedespedi Trade Association and 20 international Freight Forwarders On 18 November 2009, the Italian Competition Authority launched an investigation to ascertain the existence of (...)

The Romanian Competition Authority announces the results of the sector inquiry on the market for retail distribution of alimentary products (Report of the Sector Inquiry on Retail Distribution of Alimentary Products)
University of Technology (Tallinn)
On 29 September 2009 the Romanian Competition Authority published the results of it sector inquiry on the market for retail distribution of alimentary products, which was initiated in March 2008. The inquiry was narrowed down to several products, which have special importance in an average (...)

The Italian Competition Authority closes the investigation initiated in the Italian market for auction houses services, with a “non-infringement” decision (Auction houses)
Bonelli Erede (Rome)
By its decision delivered on 23 September 2009 , the Italian Competition Authority (the “ICA”) closed the proceedings that had been initiated against two leading Italian fine arts auction houses, finding that the information gathered during the investigation was unlikely to demonstrate the (...)

The Moldovan Competition Authority identifies unfair competition practices in the banking sector (Banca Naţională a Moldovei)
University of Technology (Tallinn)
On 4 September 2009 National Agency for Protection of Competition (Agenţia Naţională pentru Protecţia Concurenţei) (ANPC) adopted a decision of non-intervention regarding the unfair competition practices observed in the banking industry. In November 2008 the ANPC initiated an investigation (...)

The UK Competition Commission concludes that a new Grocery Supply Code of Practice is needed to apply to more retailers, with a proper enforcement mechanism and oversight by an Ombudsman (GSCOP)
UK Competition Appeal Tribunal (London)
Introduction This paper deals with one aspect of competition in the supply of grocery products, namely the relationship between grocery retailers and their suppliers, and focuses in particular on the new UK Grocery Supply Code of Practice, known as the “GSCOP”. Background One of the central (...)

The European Commission imposes heavy fine on two European gas companies for operating a market-sharing agreement (E.ON, E.ON Ruhrgas, GDF Suez)
European Commission - DG COMP (Brussels)
,
European Commission (Brussels)
,
European Commission - DG COMP (Brussels)
"Commission imposes heavy fine on two major European gas companies for operating a market-sharing agreement"* I. Introduction On 8 July 2009, the Commission imposed fines totalling € 1.106 billion on E.ON AG and its subsidiary E.ON Ruhrgas AG (Germany) and GDF Suez SA (France) for (...)

The Italian Competition Authority starts investigations against a cartel of lawyers’ association for the first time after decreto Bersani (Ordine degli avvocati di Brescia)
Codacons
The Italian competition Authority (ICA) starts investigation about a cartel agreed by Consiglio dell’Ordine di Brescia to obstacle the activity of a new established law firm in Milan called A.L.T.(Assistenza Legale per Tutti). In 1997 The ICA was willing to introduce reform to create a (...)

The Italian Competition Authority investigates a bar association to determine whether its decision constitutes a decision by an association of undertakings with the aim of infringing competition law (Order of Lawyers in Brescia)
University of Bologna
The Italian Competition Authority (hereinafter AGCM) is to investigate the Order of Lawyers in Brescia to determine whether the Order’s decision, which punished for unfair and unbecoming conduct two Italian lawyers of the law firm “Legal Aid for All” (ALT), constitutes a decision by an association (...)

The Hungarian Competition Authority terminates its investigation on recommended minimum prices set by a professional association (Hungarian Chamber of Doctors)
Van Bael & Bellis (Brussels)
Due to regulatory changes, since 1 April 2007, the Hungarian Chamber of Doctors (the Chamber) is no longer entitled to publish recommended minimum prices. In an order, dated 25 May 2009, the Hungarian Competition Authority (GVH) established that some recommended prices continued to be available (...)

The European Commission publishes a communication on the functionning of Regulation 1/2003
European Commission - DG COMP (Brussels)
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European Commission - DG COMP (Brussels)
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European Commission - DG COMP (Brussels)
"Regulation 1/2003: How has this landmark reform worked in practice?"* I. Introduction The entry into force of Council Regulation 1/2003 on 1 May 2004 ushered in the most comprehensive reform of procedures to enforce Articles 81 and 82 of the EC Treaty since 1962. Regulation 1/2003 modernised (...)

The US DOJ announces its economic recovery initiative designed to identify any fraud or collusive activity related to the federal government’s stimulus spending under the American Recovery and Reinvestment Act of 2009
White & Case (New York)
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White & Case (New York)
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White & Case (New York)
On April 13, 2009, the US Department of Justice’s Antitrust Division ("DOJ") announced its Economic Recovery Initiative ("Recovery Initiative"), which is designed to identify any fraud or collusive activity related to the federal government’s stimulus spending under the American Recovery and (...)

The English High Court denies representative action statute for antitrust price-fixing claims in the air freight services market (Emerald/British Airways)
Skadden, Arps, Slate, Meagher & Flom (Washington)
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Skadden, Arps, Slate, Meagher & Flom
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Dentons (Brussels)
On April 8, 2009, the English High Court of Justice, Chancery Division, granted British Airways’ request for an order striking two Plaintiffs’ representative claims. Though still subject to appeal, this decision potentially represents a significant obstacle to efforts underway to apply historical (...)

The European Commission fines six producers in the Marine Hoses cartel (Bridgestone, Yokohama, Dunlop Oil & Marine, Trelleborg, Parker ITR, Manuli, PW Consulting)
European Commission - DG COMP (Brussels)
"The Marine Hoses cartel"* I. Introduction On 28 January 2009, the Commission adopted a decision relating to proceedings under Article 81 of the EC Treaty imposing a fine of over € 131 million on six producers of marine hoses. There was a key novelty in the marine hoses case: it was the first (...)

The EU Commission presents its preliminary report into the pharmaceutical sector
Linklaters (London)
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French Competition Authority (Paris)
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Linklaters (London)
The European Commission presented its Preliminary Report into the pharmaceutical sector (which runs to 426 pages) at a public hearing on 28 November. The deadline for comments on the Report is 31 January 2009. Click here for a copy of the Report, the Commission’s press release and the opening (...)

The US DOJ issues new guidance on its antitrust criminal leniency program
Jones Day (Washington)
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Jones Day (Washington)
On November 19, the Antitrust Division of the U.S. Department of Justice (« DOJ ») issued new guidance on its leniency program, under which cartel participants that cooperate with the government may avoid prosecution. This detailed guidance, « Frequently Asked Questions Regarding the Antitrust (...)

The Luxembourg Administrative Court confirms the fines and daily penalties imposed by the Competition Council to undertakings for not communicating concrete information to the Competition Inspectorate (House of Justice)
Arendt & Medernach (Luxembourg)
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European Investment Bank
Background of the case 1. The flooring works in the new court buildings in the city of Luxembourg are still the object of the most prolific cartel procedure in the recent history of Luxembourg competition law. The case has already led to several decisions while the cartel investigations are (...)

The Budapest Court of Appeal clarifies rules concerning the calculation of cartel fines and confirms rules concerning the use of documents seized in dawn raids (Adeptus Zrt. a. o.)
Van Bael & Bellis
By decision of 15 October 2008, the Budapest Court of Appeal (the CoA) partially amended a decision issued by the Budapest Metropolitan Court (BMC) with respect to the calculation of cartel fines. The Hungarian Competition Authority (GVH) issued a decision in 2005 in a bid-rigging case (...)

The EU Commission introduces settlement procedure for cartel cases
Linklaters (Paris)
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Linklaters (London)
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Linklaters (London)
On 30 June 2008, the European Commission introduced a new settlement procedure for cartel cases. Under the new procedure, the parties in a cartel investigation may acknowledge their breach of European antitrust law and waive certain procedural rights in exchange for a 10% reduction of the fine. (...)

The Hungarian Court of Appeal upholds the NCA’s decision against the "road construction cartel" (Egút Egri Útépítõ, Strabag Építõ and Hídépítõ)
Hogan Lovells
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Hogan Lovells
With its judgment of second instance adopted on 11 June 2008, the Metropolitan Court of Appeal has upheld the judgment of first instance and therefore the decision of the Hungarian Competition Authority in the lawsuit brought by Egút Egri Útépítõ Zrt, Strabag Építõ Zrt and Hídépítõ Zrt as plaintiffs (...)

The UK Office of Fair Trading issues the first imprisonment and director’s disqualification orders against individuals prosecuted for criminal cartel (Marine Hoses Cartel)
WTG Events
On 19 December 2007, the Office of Fair Trading (hereinafter “OFT”) charged three UK businessmen with cartel offence under the Enterprise Act. This was the first time that charges had been brought for cartel offence. The three men were arrested at the airport, where they were, following the (...)

The European Commission initiates proceedings against the French incumbent gaz operator (Gaz de France)
Van Bael & Bellis (Brussels)
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Practising Law Institute
On 22 May 2008, the Commission initiated proceedings against Gaz de France for possible infringement of Articles 81 and 82 EC. According to the Commission’s statement, its investigation concerns the possible foreclosure of downstream supply markets for natural gas in France through long-term (...)

A US District Court revives concern that some "club deals" could violate the antitrust laws (Bain Capital Partners)
Milbank, Tweed, Hadley & McCloy (New York)
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White & Case (New York)
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White & Case (New York)
Companies that have participated in or plan to participate in joint bidding practices in the context of corporate acquisitions (otherwise known as “club deals”) may risk some unwanted antitrust scrutiny from shareholders and others. A recent decision by the United States District Court for the (...)

A Portuguese Court annuls the NCA’s decision to convict 10 milling companies on the basis of the violation of the right to due process (Cerealis / Milling cartel)
PLMJ (Lisboa)
I. The facts and the administrative proceedings On September 2005, the Portuguese Competition Authority (the “PCA”) issued a decision finding 10 milling companies (representing 75% of the market) guilty of fixing the price of wheat flour between December 2000 and August 2004, and imposed a total (...)

The UK Office of Fair Trading brings for the first time criminal charges based on the Enterprise Act of 2002 for cartel offence (Marine Hoses Cartel)
WTG Events
On 19 December 2007, the Office of Fair Trading (OFT) charged three UK businessmen with cartel offence under the Enterprise Act. This is the first time that charges have been brought for the cartel offence which came into force in 2003. The three men were arrested at the airport, where they (...)

The European Commission consults on settlement procedure in cartel cases
Linklaters (London)
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Linklaters (London)
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Linklaters (Brussels)
On 26 October 2007, the European Commission initiated a public consultation on a new settlement procedure in cartel cases. The procedure outlined in the Commission’s proposal is aimed at making the Commission’s investigations more efficient. Public comments are due by 21 December 2007 and the (...)

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 (...)

A Lithuanian Court lowers the fines imposed by the NCA to cartel members (School Renovations cartel - Lamberta)
Lithuanian Competition Council
On 11 October 2007 the Vilnius District Administrative Court (the “VDAC” or the “Court”) issued a judgment reducing the fines imposed on the members of the bid-rigging cartel in the School Renovations case . The Competition Council’s decisionin this case was challenged by all three parties to the (...)

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

The Polish Competition Authority condemns resale price maintenance on the ceramic roofing-tile market (Röben Ceramika Budowlana)
French National Research Agency (ANR)
Röben Ceramika Budowlana Sp. z o.o. (hereafter: Röben) is a Polish limited liability company which is controlled by Röben Betailigungsgesellschaft mbH (Germany) who owns 100 per cent of its shares. Röben is specialized in manufacturing, inter alia, ceramic roofing-tiles, which are sold via (...)

The Italian Antitrust Authority opens an investigation under Art. 81 EC for bid rigging in the banking sector (INAIL Affidamento Servizio di Cassa)
Freshfields Bruckhaus Deringer (Rome)
On 28 May 2007 the Italian Competition Authority (AGCM) commenced an investigation against Unicredit Banca (UB), Banca IntesaSanPaolo (IS), Banca Nazionale del Lavoro (BNL) and Banca Monte dei Paschi di Siena (MPS), all primary Italian banks. The AGCM alleges that these banks had been involved (...)

The Northern Irish Competition Commission published a market investigation on personal current account banking services (Which ? complaint)
Hogan Lovells
Overview On 15 May 2007, nine days in advance of its statutory deadline of 25 May 2007, the Competition Commission (the "CC") published its findings in its market investigation into personal current banking services in Northern Ireland. The market investigation was a result of a reference made (...)

The Administrative Court of Appeal of Athens upholds a decision of the Greek Competition Authority condemning eight gas stations for price coordination (Gas stations)
Hellenic Competition Authority (Athens)
The case concerned the fixing of uniform prices from eight gas stations in the region of Arta (Northwest of Greece) during 2003. This practice has been discovered and condemned by the Greek Competition Authority (Hellenic Competition Commission, thereafter HCC) in 2004 (Decision 263/IV/2004). (...)

The International Competition Network issues a report on co-operation between competition agencies in cartel investigations
Hong Kong’s Competition Commission
"Co-operation between competition agencies in cartel investigations"* The International Competition Network barely needs introduction by now. Created in 2001, this worldwide network of competition agencies, with no concrete headquarters or permanent secretariat, works on substantial and (...)

The Lithuanian Competition Authority imposes fines on members of the water supply systems cartel for bid rigging (School Renovations)
Lithuanian Competition Council
Competition Council of the Republic of Lithuania (Lietuvos Respublikos konkurencijos taryba), 15 March 2007, Decision n° 2S-6, concerning the compliance of the actions of undertakings, participants of the public procurement tenders organised by the Educational Establishments’ Maintenance Office (...)

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

The Lithuanian NCA closes its enquiry on an alleged cartel in public tender proceedings (Lithuanian Business Support Agency)
Lithuanian Competition Council
Competition Council of the Republic of Lithuania (Lietuvos Respublikos konkurencijos taryba), 1February 1, 2007, Decision n° 2S-3, concerning the compliance of the actions of undertakings participating in the boiler-house replacement tender with the requirements of Article 5 of the Law on (...)

The Italian Antitrust Authority launches an inquiry on oil companies and raids premises searching for alleged anticompetitive parallelism pricing on the basis of Art. 81 EC (Prezzi dei carburanti in rete)
Freshfields Bruckhaus Deringer (Rome)
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Freshfields Bruckhaus Deringer (Rome)
At the end of January 2007, the Italian Antitrust Authority (IAA) launched an investigation under Article 81 of the EC Treaty against nine oil companies, alleging the existence of a price coordination mechanism in the Italian roadside petrol market. The undertakings involved include market (...)

The Italian Antitrust Authority opens investigations on the basis of Art. 81 EC for alleged collusion in the determination of prices in the fuel market (Prezzi dei carburanti in rete)
Linklaters (Milan)
Italian Competition Authority (Autorità Garante della Concorrenza e del Mercato, “AGCM”), 18 January 2007, Case I681 - Prezzi dei carburanti in rete, Provvedimento n° 16370, Avvio istruttoria, Bollettino n° 2/2007 On 18 January 2007, the Italian Antitrust Authority (IAA) initiated a formal (...)

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
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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 European Commission fines fourteen undertakings a total of € 266 M for participating in a cartel for road pavement bitumen in the Netherlands (Esha, Klockner Bitumen, Kuwait Petroleum, Nynas, Shell, Total and Wintershall)
European Commission - DG COMP (Brussels)
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European Commission - DG COMP (Brussels)
"Commission fines fourteen undertakings a total of € 266 million for participating in a cartel for road pavement bitumen in the Netherlands"* On 13 September 2006 the Commission adopted a decision and imposed fines totalling € 266 717 000 on eight suppliers and six purchasers of road pavement (...)

The Irish Competition Authority begins High Court proceedings against the Irish Medical Organisation (IMO)
Baker Botts (Brussels)
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Katz & Phillips
Introduction On 3 July 2006, the Irish Competition Authority announced that it had initiated proceedings against the Irish Medical Organisation (IMO) in relation to the IMO’s role in a dispute concerning fees paid by life insurance companies to General Practitioners (GPs) in Ireland. The (...)

The Italian Competition Authority starts an in depth investigation in the water management services market for alleged infringements of Art. 81 EC (Acea / Suez / Publiacqua)
Studio Legale DDPV
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Luciani Annalisa Sudio Legale
On the 31st of May 2006, the Italian Antitrust Authority (“Authority”) opened an in depth investigation against Publiacqua S.p.A. (“PBA”), Acea S.p.A. (“Acea”) and Suez Environnement S.a. (“Suez”) for alleged breach of Article 81(1) of the EC Treaty. PBA is a company which manages water services (...)

The Italian antitrust authority imposes a fine of 10 M € on baby milk producers on the basis of Art. 81 EC after inspections carried out by German, French and Spanish NCAs (Prezzi del latte per l’infanzia - Heinz, Nutricia, Nestlé)
Freshfields Bruckhaus Deringer (Rome)
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ASP (c/o Johnson & Johnson Medical NV - Belgium)
On October 12, 2005 the Italian Antitrust Authority (“IAA”) closed the proceeding started in July 2004 against multinational companies engaged in the production of baby milk. In its final decision, the IAA imposed fines to the following companies: Heinz and Plada (both belonging to the Heinz (...)

The Hungarian Competition Authority fines construction companies for bid rigging in six construction tenders (Adeptus)
Van Bael & Bellis
On 22 September 2005, the Hungarian Competition Authority (the GVH) decided to fine fourteen construction companies a total of over HUF 1.3bn (approximately €5.2m) for bid rigging. In dawn raids conducted at the premises of five large construction companies, the GVH found several incriminating (...)

The Hungarian Competition Council exempts a 9 year exclusive services agreement with the incumbent on the basis of Art. 81.3 EC in the IT services market (Magyar Telekom)
Dentons (Paris)
Facts of the case The Rába Group (the "Group") is one of Hungary’s largest vehicle manufacturers, which produces undercarriages, spare parts and commercial vehicles, mainly for export markets (60% of its production is exported). The Rába Group is one of the biggest undercarriage constructors in (...)

The Irish Competition Authority announces details of its investigation into allegations of retail price maintainance on the newspapers market (The Irish Times)
Irish Competition Authority
Newspapers to amend business practices considered anti-competitive by The Competition Authority* The Competition Authority today (13th December) announced details of its investigation into allegations that the price at which retailers sell newspapers was fixed. The Competition Authority has (...)

The European Commission announces the closure of their investigation into the supply relationship between Russian gas producer and Italian wholesaler (Gazprom / ENI)
European Commission - DG COMP (Brussels)
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European Commission - DG COMP (Brussels)
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European Commission - DG COMP (Brussels)
"The territorial restrictions case in the gas sector: a state of play"* 1. Introduction On 6 October 2003, the Commission services announced the closure of their investigation into the supply relationship between Russian gas producer Gazprom and Italian wholesaler ENI. Just as other cases (...)

The European Commission investigates into the gas supply contracts concluded by Algerian state-owned gas company and its main European customers (Sonatrach)
European Commission - DG COMP (Brussels)
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European Commission - DG COMP (Brussels)
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European Commission - DG COMP (Brussels)
"The territorial restrictions case in the gas sector: a state of play"* 1. Introduction On 6 October 2003, the Commission services announced the closure of their investigation into the supply relationship between Russian gas producer Gazprom and Italian wholesaler ENI. Just as other cases (...)

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

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

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

The Netherlands Competition Authority imposes fines for refusal to co-operate with certain parts of the antitrust investigation on tenders for asphalting projects (Koninklijke Wegenbouw)
Netherlands Authority for Consumers & Markets (The Hague)
NMa Fines KWS for Refusal to Co-operate* The Netherlands Competition Authority (NMa) has imposed fines totalling EUR 27,000 (twenty-seven thousand euros) on Koninklijke Wegenbouw Stevin (KWS) due to its refusal to co-operate with certain parts of NMa’s investigation. KWS was fined because the (...)

The European Commission settles its investigation into territorial sales restrictions with Nigerian gas company (NLNG)
European Commission - DG COMP (Brussels)
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European Commission - DG COMP (Brussels)
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European Commission - DG COMP (Brussels)
"The territorial restrictions case in the gas sector: a state of play"* 1. Introduction On 6 October 2003, the Commission services announced the closure of their investigation into the supply relationship between Russian gas producer Gazprom and Italian wholesaler ENI. Just as other cases (...)

The Netherlands Competition Authority draws up a report due to agreements that restrain competition in the area of the application of certain foundation techniques, including diaphragm walls, and carrying out certain categories of concrete civil engineering activities (Heijmans Beton- en Waterbouw / Solétanche Bachy)
Netherlands Authority for Consumers & Markets (The Hague)
NMa Suspects Heijmans and Solétanche of Cartel Agreements* The Netherlands Competition Authority (NMa) has drawn up a report on Heijmans Beton- en Waterbouw B.V. and Solétanche Bachy France S.A. due to agreements that restrain competition in the area of the application of certain foundation (...)

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

The Netherlands Competition Authority establishes that the largest pig abattoir entered into restrictive agreements with smaller abattoirs (Dumeco)
Netherlands Authority for Consumers & Markets (The Hague)
NMa: Dumeco Must Amend Its Restructuring Agreements* Following information received from the sector, the Netherlands Competition Authority (NMa) has investigated whether the recent termination of the slaughtering activities of a number of smaller pig abattoirs contravenes the Competition Act. (...)

The German Competition Authority examines in formal proceedings whether a contract system for acquiring waste services is compatible with competition law (Der Grüne Punkt Duales System)
German Competition Authority (Bonn)
Bundeskartellamt examines whether DSD is compatible with competition law* The Bundeskartellamt will examine in formal proceedings whether the contract system of “Der Grüne Punkt – Duales System Deutschland AG” (DSD, “The Green Dot”) is compatible with the Act Against Restraints of Competition (ARC). (...)

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

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

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

The Dutch Competition Authority conducts investigations into price formation on the beef market
Netherlands Authority for Consumers & Markets (The Hague)
NMa Conducts Investigation into Price Formation in the Beef Sector* Recently the situation on the beef market has deteriorated considerably due to the BSE crisis. Partly as a result of this, NMa received a formal application for exemption from Stichting Saneringsfonds Runderslachterijen (...)

The European Commission closes its examination of a horizontal agreement concerning energy efficiency of appliances (European Committee of Manufacturers of Electrical Machines and Power Electronics, CEMEP)
European Commission - DG COMP (Brussels)
"Horizontal agreements on energy efficiency of appliances : a comparison between CECED and CEMEP"* On 15 May 2000, the Competition Directorate-General closed its examination of an agreement concluded under the aegis of the European Committee of Manufacturers of Electrical Machines and Power (...)

The Italian Competition Authority opens proceedings in the market of football audiovisual rights for alleged violation of Art. 81 and/or 82 EC (Lega Calcio / Chievo Verona)
National University of Singapore
On April 2008, the Italian Competition Authority (hereinafter, also the “Authority”) launched an investigation in the market of football audiovisual rights in order to find out any possible infringements of article 81 and/or 82 of the EC Treaty. Party under investigation Investigations (...)

Dominance

The EU Commission opens a formal investigation to assess whether a Romania’s gas has abused of its dominant position (Transgaz)
European Commission - DG COMP (Brussels)
Antitrust: Commission opens investigation into gas export restrictions from Romania* The European Commission has opened a formal investigation to assess whether Romania’s gas transmission system operator Transgaz has been hindering gas exports from Romania to other EU Member States. The (...)

The German Competition Authority closes its proceeding against companies operating on the digital audio-books market suspected to abuse of dominance (Apple and Amazon)
German Competition Authority (Bonn)
Bundeskartellamt closes proceedings against Audible/Amazon and Apple* The Bundeskartellamt has closed its administrative proceedings against Audible.com – a subsidiary of Amazon – and Apple Computer Inc. Following a complaint by the German Publishers and Booksellers Association (Börsenverein des (...)

The EU Commission launches an investigation against a Czech railway incumbent suspected to abuse of dominance (České dráhy)
European Commission - DG COMP (Brussels)
Antitrust: Commission investigates practices of Czech railway incumbent České dráhy in passenger transport* The European Commission has opened an investigation to assess whether the Czech railway incumbent České dráhy, a.s. (ČD) charged prices below costs with the aim of shutting out competition in (...)

The Croatian Competition Authority refuses to open an infringement proceedings on the market of telecommunications equipment because the alleged infringer does not hold a dominant position (Ericsson NT)
Croatian Competition Agency
Ericsson Nikola Tesla: Initiative for abuse of dominance dismissed* The Croatian Competition Agency (CCA) dismissed the initiative for the initiation of the infringement proceedings for the establishment of abuse of a dominant position against the undertaking Ericsson Nikola Tesla (Ericsson (...)

The Turkish Competition Board investigates electricity suppliers and distributors (Akdeniz EDAS / CLK / Ak Den)
Erdem & Erdem (Istanbul)
The Competition Board (“Board”) in its decision dated 19.07.2016 and numbered 116-24/407-M (“Investigation”) has decided to open an investigation against electricity supplier and distributor companies, Akdeniz Elektrik Dağıtım A.Ş., CLK Akdeniz Elektrik Perakende Satış A.Ş. and Ak Den Enerji Dağıtım (...)

The EU Commission takes further steps concerning the case involving comparison shopping services and advertising-related practices (Google AdSens)
European Commission - DG COMP (Brussels)
Antitrust: Commission takes further steps in investigations alleging Google’s comparison shopping and advertising-related practices breach EU rules* The Commission has sent two Statements of Objections to Google. The Commission has reinforced, in a supplementary Statement of Objections, its (...)

The EU Commission opens a formal investigation concerning a potential abuse of dominance on Belgian beer market (AB InBev)
European Commission - DG COMP (Brussels)
Antitrust: Commission opens formal investigation into AB InBev’s practices on Belgian beer market* The European Commission has opened an investigation, on its own initiative, to assess whether Anheuser-Busch InBev SA (AB InBev) has abused its dominant position on the Belgian beer market by (...)

The EU Commission sends a statement of objections to a technology company suspected of imposing restrictions on device manufacturers and mobile network operators (Google Android)
Constantine Cannon (London)
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Constantine Cannon (London)
EU Commission Hits Google With Abuse Of Dominance Charges Over Android*Just as expected, following a one-year investigation and a number of information requests, the European Commission formally announced today that it is accusing Google’s parent company, Alphabet, of abusing its dominant (...)

The EU Commission sends a statement of objections concerning the imposition of restrictions on smartphone manufacturers and mobile network operators (Google)
Van Bael & Bellis (Brussels)
On 20 April 2016, the European Commission confirmed it issued a Statement of Objections (“SO”) to Google concerning the imposition of restrictions on Android device manufacturers and mobile network operators. The investigation was formally opened in April 2015. Google now has until July 2016 to (...)

The Turkish Competition Authority rejects the complaint that agreements between a major IT company and a number of OEMs on the exclusive pre-installation of mobile apps on a mobile operating system infringed competition rules (Yandex / Google)
University of Sussex
This case note analyses the decision of the Turkish Competition Authority (TCA) in which it has rejected the complaint of a rival IT company, Yandex, that agreements of a major IT company, Google, with a number of original equipment manufacturers (OEMs) on the exclusive pre-installation of its (...)

The Finnish Competition Authority stops its investigation concerning a suspected abuse of dominance in the rail freight transport market (VR-Group)
Finnish Competition and Consumer Authority (FCCA)
FCCA halts investigation into VR Group’s domestic freight transport* The Finnish Competition and Consumer Authority’s (FCCA) investigations provided no basis for continuing the investigation. In October 2012, Fenniarail Ltd (formerly Proxion) submitted a request for action, concerning VR-Group (...)

The Finnish Competition Authority closes an investigation concerning a suspected abuse of dominance on the insulation board market (Finnfoam Oy)
Finnish Competition and Consumer Authority (FCCA)
FCCA closes investigation of abuse of dominant market position on the insulation board market* In a decision issued on 29 September 2015, the Finnish Competition and Consumer Authority (FCCA) closed an investigation concerning a potential case of abuse of a dominant market position by Finnfoam (...)

The German Competition Authority decides not to open formal proceedings against a search engine company in ancillary copyright dispute (Google)
German Competition Authority (Bonn)
Bundeskartellamt takes decision in ancillary copyright dispute* Bonn, 09 September 2015: In the dispute between the copyright collecting society VG Media and Google, the Bundeskartellamt has decided not to open formal proceedings against Google regarding its conduct in connection with the (...)

The UK Competition Authority issues statement of objections to a pharmaceutical company and its distributor suspected of abuse of dominance dominance in the market of phenytoin sodium capsules (Pfizer / Flynn)
UK Competition and Markets Authority (CMA) (London)
CMA issues statement of objections to Pfizer and Flynn Pharma in anti-epilepsy drug investigation* The CMA has today issued a statement of objections to the pharmaceutical suppliers Pfizer and Flynn Pharma alleging that they have breached competition law. The Competition and Markets (...)

The Croatian Competition Authority opens an ex officio investigation regarding an apps sales market (Google)
Croatian Competition Agency
CCA investigation in Android apps sales market* Following some press articles claiming that the Croatian software companies were forced to open branch offices or find partners abroad because Google did not allow them to register for direct sale of their apps via the Google Play store, the (...)

The Russian Competition Authority opens an investigation against a cellulose producer suspected to have fixed high prices (Arkhangelsk TsBK)
Russian Federal Antimonopoly Service
FAS exposed elements of violations on the cellulose market* The Federal Antimonopoly Service (FAS Russia) opened a case against “Arkhangelsk TsBK” OJSC upon signs of fixing monopolistically high prices for cellulose from conifer wood (Part 1 Article 10 of the Federal Law “On Protection of (...)

The EU Commission opens an investigation on e-book’s distribution agreements concluded between several publishers and an electronic commerce company (Amazon)
European Commission - DG COMP (Brussels)
Commission opens formal investigation into Amazon’s e-book distribution arrangements* The European Commission has opened a formal antitrust investigation into certain business practices by Amazon in the distribution of electronic books ("e-books"). The Commission will in particular investigate (...)

The UK Competition and Markets Authority publishes an updated issues statement of its investigation concerning the market of the supply of personal current accounts and retail banking services to SMEs
UK Competition and Markets Authority (CMA) (London)
CMA publishes updated issues statement in banking market investigation* The CMA has today published an updated issues statement as part of its investigation into the supply of personal current accounts and retail banking services to SMEs. The updated issues statement summarises the (...)

The Moscow Arbitration Court confirms the decision of the Russian Competition Authority not to initiate a case on violating the antimonopoly law (National Settlement Depository Company)
Russian Federal Antimonopoly Service
Court of three instances confirmed legitimacy of FAS decision not to initiate an antimonopoly case NRD CJSC NKO* On 9th September 2014, Moscow District Arbitration Court upheld the judgment of Moscow Arbitration Court and the ruling of the 9th Arbitration Appeal Court, confirming legitimacy (...)

The Lithuanian Competition Council finds that the difference between the terms and conditions of channel distribution rights sold to analogue and digital television providers does not impede competition or significantly influence consumer welfare (Viasat World)
Lithuanian Competition Authority (Vilnius)
Competition Council: Viasat conduct does not impede competition* Competition Council (KT) terminated investigation into suspected abuse of dominance by Viasat World Limited and Viasat AS. The KT held that the actions carried out by the companies influence neither effective competition nor (...)

The Cyprus Commission for the Protection of Competition conducts dawn raids following an investigation ex-officio concerning the terms and prices of supply of equipment and strips for monitoring blood glucose sold to pharmaceutical stores and public bodies
Commission for the Protection of Competition of the Republic of Cyprus
Press Release by the Commission for the Protection of Competition – Dawn raid carried out at the premises of Panicos Theo Hadjigeorgiou & Co Ltd* The Cyprus Commission for the Protection of Competition (CPC) decided, as per section 31 of the Protection of Competition Laws of 2008 and 2014 (...)

The Danish Competition Authority conducts a dawn raid in light of a complaint regarding anti-competitive behaviour on the domestic market for payment cards (Teller)
Danish Competition and Consumer Authority (Copenhagen)
Denmark: Case against Nets regarding possible abuse of dominance settled with commitments* On 4 December 2012, the Danish Competition and Consumer Authority (DCCA) conducted a dawn raid on the company Nets Holding A/S (“Nets”) in light of a complaint regarding anti-competitive behavior in the (...)

The EU Commission finds that the order sought and the enforcement of an injunction before a German Court on the basis of a smartphone standard essential patent constituted abuse of dominance (Motorola Mobility)
Ashurst (Milan)
European Commission finds that Motorola Mobility misused standard essential patents* On 29 April 2014, the European Commission European held that it has adopted a decision which found that Motorola Mobility’s (“Motorola”) seeking and enforcement of an injunction against Apple before a German (...)

The Netherlands Authority for Consumers and Markets receives commitment following an investigation into possible abuse of dominance in the music copyright sector (Buma / Stemra)
Netherlands Authority for Consumers & Markets (The Hague)
Buma/Stemra promises ACM to offer more options in music copyright management* Dutch copyright collecting society Buma/Stemra will offer composers and songwriters more options in the management of their music copyrights. This has been laid down in a commitment Buma/Stemra made to the (...)

The EU Commission obtains new proposal on commitments in the context of an ongoing antitrust investigation as regards online search and search advertising (Google)
Ashurst (Milan)
Improved Google commitments (closer to) getting the thumbs up from the European Commission* On 5 February 2014, the European Commission issued a press release and a memo concerning the improved commitments proposed by Google (the commitments were made public by Google itself). At a press (...)

The German Competition Authority initiates proceedings on the suspicion of abuse of dominant position in the sale of rail passenger tickets (Deutsche Bahn)
German Competition Authority (Bonn)
Proceedings initiated against Deutsche Bahn AG Suspicion of restricting competition in ticket sales* The Bundeskartellamt has initiated proceedings against Deutsche Bahn AG on the suspicion that it has abused its dominant position in the sale of rail passenger tickets. Andreas Mundt, (...)

The Albanian Competition Authority asks to telecoms regulatory body and mobile operator for market adjustment without imposing fine and requiring commitments in a case of alleged abuse of dominance in the mobile telephony market (Vodafone Albania)
Albanian Competition Authority
Market playing rules can be compared to those of a soccer match in the sense that every wrong interference from a player worries the opponent but the foul punishment depends on the referee (in the case of competition the Antitrust body). The referee can decide whether not to punish at all, give (...)

The Russian Competition Authority publishes the outcome of inspections of compliance with the antimonopoly law on the markets of construction materials
Russian Federal Antimonopoly Service
The outcome of inspections of compliance with the antimonopoly law on the markets of construction materials* Under Clause 6 of the Action Plan for preventing and suppressing monopolistic activity and unfair competition of economic entities in housing construction and production of construction (...)

The Italian Competition Authority opens an investigation against a company managing the airports of Milan for breach of Article 102 TFEU (SEA - Società per Azioni Esercizi Aeroportuali)
NCTM - Studio Legale Associato (Milan)
On 20 December 2013, the Italian Competition Authority (the “Authority”) opened an investigation against SEA for an alleged abuse of dominant position that aimed at preventing the entry of a potential competitor into the management of the infrastructures of the airport of Milan Linate. (...)

The Taiwan Fair Trade Commission fines electronics company for disseminating false online information to disparage competing products (Samsung)
Chung Yuan Christian University
Introduction On October 31, 2013, the Taiwan Fair Trade Commission (TFTC) imposed a fine of NT$10 million (US$340,000) on Samsung for hiring an independent marketing company to disseminate false online information regarding cellphones and other electronic devices produced by its competitors in (...)

The German Competition Authority ceases the investigation concerning an alleged abuse of dominance in the market for alternative postal services (Compador Technologies / DPAG)
German Competition Authority (Bonn)
Bundeskartellamt abandons abuse of dominance proceedings against Compador Technologies GmbH* Bonn, 23 October 2013: The Bundeskartellamt has abandoned its abuse of dominance proceedings against Compador Technologies GmbH, an affiliated company of Deutsche Post AG (DPAG). The proceedings were (...)

The Court of Bosnia and Herzegovina quashes the no-infringement of the Competition Authority for the failure to conduct an efficient investigation (Telekomunikacije)
University of Technology (Tallinn)
On 12 October 2011 the Competition Authority of Bosnia and Herzegovina (KV) closed its investigation into the alleged abuse of dominant position on the part of the incumbent telecom operator Telekomunikacije RS a.d. The KV‘s investigation was prompted by a complaint lodged by an independent (...)

The UK OFT closes abuse of dominance investigation concerning a leading provider of bunker fuel services to HGV fleets (CH Jones)
RBB Economics (London)
In October 2013 the OFT decided to close an abuse of dominance investigation, launched in April 2010, against CH Jones, a leading provider of bunker fuel services to HGV fleets. This outcome marked a significant reversal from a statement of objections (“SO”) issued in February 2011, in which the (...)

The Turkish Competition Authority fines a telecom company, suspected of abusing its dominant position, for obstructing the inspection of its business premises during an ongoing investigation (TTNET)
Queen Mary University (London)
I. BACKGROUND TTNET is the Turkey’s largest broadband provider and a subsidiary of Turk Telekom Group. The Turkish Competition Authority (TCA) had started proceedings due to the complaints received against TTNET. These complaints focused on two main allegations. As such were, on the one hand, (...)

The Hungarian Competition Authority terminates its investigation in connection with the price setting of certified translations and attestation of translations (Országos Fordító)
Hungarian Competition Authority (Budapest)
Investigation against OFFI terminated by the Hungarian Competition Authority (GVH)* On 21 May 2013, the Gazdasági Versenyhivatal (GVH - Hungarian Competition Authority) terminated the competition supervision proceedings that had been initiated against OFFI. The GVH investigated whether the (...)

The Italian Supreme Administrative Court confirms the NCA’s decision imposing a fine against construction materials company for abusing its behavior by aiming to exclude competitor’s entry into the plasterboard market (Saint Gobain)
Lipani Catricalà & Partners (Rome)
*Italian antitrust administrative case law. Overview of all decisions from April to June 2013 (Fourth and last contribution) 1. Premise –This work is the fourth and the last contribution of a project (hereinafter, the “Project”) aimed to offer a general, quarterly overview of all the decisions of (...)

The Spanish Competition Authority fines incumbent operator for abuse of dominant position in postal sector (Correos)
European Commission (Brussels)
Spain: The Comisión Nacional de la Competencia fines Correos for Abuse of Dominant Position in Postal Sector* On 22 April 2013, the Comisión Nacional de la Competencia (CNC) Council adopted a decision finding that Sociedad Estatal Correos y Telegrafos, S.A. (Correos) abused its dominant (...)

The President of the Polish Office of Competition and Consumer Protection opens proceedings against gas supplier (PGNiG)
European Commission (Brussels)
Poland: The Office of Competition and Consumer Protection opens Proceedings against Gas Supplier PGNiG* On 3 April 2013, the President of the Polish Office of Competition and Consumer Protection (UOKiK) instituted antimonopoly proceedings against the gas supplier Polskie Górnictwo Naftowe i (...)

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

The French Competition Authority accepts commitments proposed by editor of printed and online directories and puts an end to its investigations in the market of sale of advertising space in those directories (PagesJaunes)
White & Case (Paris)
In a decision issued on November 22, 2012, the French Competition Authority (hereafter “the FCA”) accepted the commitments proposed by PagesJaunes SA, thereby putting an end to a procedure following complaints for abuse of dominant position, without imposing any fine. PagesJaunes is the leader (...)

The EU General Court dismisses appeal against Commission rejection of abuse complaint in the Irish whisky market (Protégé / Pernod Ricard)
Van Bael & Bellis (Brussels)
On 13 September 2012, the General Court dismissed the appeal lodged by Protégé International Ltd against a European Commission decision to reject a complaint alleging breach of Article 102 TFEU by Pernod Ricard. In its complaint to the Commission, Protégé had alleged that Pernod Ricard (...)

The Romanian Competition Council closes investigation on abuse of dominant position on the local market of natural gas installations planning and execution accepting commitments undertaken by the monopolist (PROGAZ P&D)
Grigorescu Ştefănică
Romania: The Romanian Competition Council accepted the commitments undertaken by PROGAZ P&D SA* The Romanian Competition Council (“RCC”) accepted the commitments undertaken by PROGAZ P&D SA in view of relieving the concerns regarding infringement of the antitrust rules by abuse of a (...)

The European Commission investigates Russian producer and supplier of natural gas for allegedly abusing its dominant position in the European markets (Gazprom)
Computer and Communications Industry Association US (CCIA)
The European Commission has opened an abuse of dominance investigation against Gazprom. The investigation deals with the natural gas markets of eight central and eastern European markets. The investigation is framed within the energy policy that the European Union is pursuing which focuses on (...)

The Hungarian Competition Authority initiates a competition supervision procedure against a dominant undertaking on the market for debit cards (MasterCard Europe)
Hungarian Competition Authority (Budapest)
Competition supervision procedure initiated against MasterCard Europe Sprl* The Gazdasági Versenyhivatal (GVH - Hungarian Competition Authority) has initiated a competition supervision procedure against MasterCard Europe Sprl for an alleged abuse of a dominant position. The GVH noticed that (...)

The EU Commission opens proceedings against US software company to investigate possible non-compliance with browser choice commitments (Microsoft)
Van Bael & Bellis (Brussels)
On 17 July 2012, the Commission announced that it had opened proceedings against Microsoft in order to investigate whether the company has failed to comply with its 2009 commitments to offer users a choice screen that provides another means of allowing users to choose their preferred web (...)

The Romanian Competition Authority finds no abuse of dominance in the absence of economic dependence in the bulk handling terminal services market (Comvex, Arcelor Mittal)
University of Technology (Tallinn)
On 22 June 2012 the Romanian Competition Authority (CC) concluded its investigation into the alleged abuse of dominant position on the bulk hanlding terminal services market. In the absence of the clearly defined situation of economic dependence between the parties and in the view of the (...)

The European Commission invites leading web search engine to submit remedies to address alleged abuse of dominance concerns (Google)
Van Bael & Bellis (Brussels)
On 21 May 2012, the Commission issued a press statement inviting Google to submit remedies to address four concerns it identified pursuant to the antitrust investigation it launched in November 2010 into a potential abuse by Google of its dominant market position. The Commission noted (...)

The Swedish Competition Authority closes investigation on alleged abuse of dominant position by the incumbent postal operator (Posten)
European Commission (Brussels)
Sweden: The Competition Authority closes Investigation of alleged Abuse by Posten* On 3 May 2012, the Swedish Competition Authority (SCA) terminated its investigation of two rebate schemes applied by Posten Meddelande AB (Posten), which holds a dominant position on the Swedish postal market. (...)

The Romanian Competition Council closes an investigation in relation to an alleged abuse of dominant position on the Romanian telecom sector (Romtelecom and Netmaster)
Kinstellar (Bucarest)
,
OMV Petrom
The interest of the Romanian Competition Council (the “Competition Council”) in the telecommunications sector has increased significantly in recent years with several investigations being finalised or due to be finalised in the recent period. As publicly stated by the President of the Competition (...)

The Croatian Competition Authority rejects a complaint for abuse of dominant position in the market for supply/sale of natural gas (Prirodni Plin)
Babic & Partners
Croatia: When is a Good Time to Argue with the Agency?* On April 5, 2012 the Croatian Competition Agency (“Agency”) rendered a decision rejecting a complaint against the company Prirodni Plin d.o.o. (Natural Gas Ltd – “NG”) for abuse of dominant position on the market for supply/sale of natural (...)

The European Commission announces the opening of proceedings in the market for the design of commercial control systems (The MathWorks)
Van Bael & Bellis (Brussels)
On 1 March 2012, the European Commission announced that it had opened a formal investigation to assess whether The MathWorks abused a dominant position under Article 102 TFEU in the market for the design of commercial control systems by preventing competitors from achieving (...)

The European Commission opens an investigation against south Korean producer of smart phones and tablet computers for abusive use of its essential patents for 3G mobile and wireless telecommunications system standard (Samsung)
Criterion Economics
The European Commission opens an antitrust investigation against Samsung Electronic* On January 31, the European Commission announced the opening of a formal antitrust investigation against Samsung Electronic, the South Korean producer of smartphones and tablet computers. The case concerns the (...)

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 EU General Court confirms the EU Commission’s decision to drop its antitrust investigation into manufacturers of ink-jet printers for alleged abuse of dominance (EFIM)
Van Bael & Bellis (Brussels)
On 24 November 2011, the General Court ("GC") handed down its judgment in EFIM v. Commission. In its ruling, the GC dismissed an action by the European Federation of Ink and Ink Cartridge Manufacturers (“EFIM”) against a previous 2009 European Commission decision to drop its antitrust (...)

The European Commission makes legally binding commitments by a national numbering agency to abolish fees for use of US international securities identification numbers (Standard & Poor’s)
University of South Australia
The Rick Perry Syndrome* “Oops“, the Commission did it again… On November 15, 2011, in the S&P case, the Commission again closed abuse of dominance proceedings with an Article 9 decision. As already explained, Article 9 decisions have become the conventional procedure in Article 102 TFEU (...)

The Chinese National Development and Reform Commission (NDRC) confirms investigation for abuse of dominance against two giant State-owned telecommunication operators (China Telecom, China Unicom)
King & Wood Mallesons (Beijing)
Earlier Rumor Confirmed: China Telecom and China Unicom under Antitrust Investigation* On November 9, 2011, an earlier rumor indicating that China Telecom is under antitrust investigation for alleged abuse of dominance in the broadband market was confirmed by the National Development and (...)

The Competition Authority of Bosnia & Herzegovina closes the investigation into the alleged abusive practices of the incumbent telecom operator without reaching a decision on the merits (Telekom RS / Crumb group)
University of Technology (Tallinn)
On 12 October 2011 the Competition Authority of Bosnia & Herzegovina (KV) closed its investigation into the alleged abuse of dominant position on the part of the incumbent telecom operator Telekom RS. The KV‘s investigation was prompted by a complaint lodged by an independent telecom (...)

The US Senate Committee on the Judiciary Subcommittee on Antitrust conducts antitrust hearings on abuse of dominance investigation in the web search industry (Google)
Rimm-Kaufman Group (Charlottesville, VA)
Google Antitrust Hearing: 5 Takeaways* While yesterday’s Senate antitrust hearing on Google practices may have been more about spectacle than action, it was an opportunity to gain insights into the mindset of Google and the government officials that may seek to intervene in their operations. (...)

The Bulgarian Commission on Protection of Competition initiates ex officio investigation into aviation fuel market (Lukoil)
European Commission (Brussels)
Bulgaria: The Competition Authority initiates Ex Officio Investigation into Aviation Fuel Market* On 4 August 2011, the Commission on Protection of Competition (CPC) opened an ex officio investigation pursuant to Article 21 of the Law on Protection of Competition and Article 102 TFEU against (...)

The Chinese Administration for Industry and Commerce (AIC) investigates and handles antimonopoly case against a local government for abuse of administrative power in the market for vehicles’ GPS services (Guangdong Province)
University of Melbourne
,
China Competition Bulletin (Beijing)
,
Institute of American Studies
The Administration for Industry and Commerce of Guangdong Province (Guangdong AIC) Investigated and Handled Local Government’s Administrative Monopoly Conduct* In January 2011, three companies complained to the Guangdong AIC, a local bureau of the SAIC, alleging that a municipal government of (...)

The Polish Competition Authority opens formal proceedings against the leader in crude oil and natural gas production concerning alleged abuse of dominance in gas sector (PGNiG)
European Commission (Brussels)
Poland: UOKiK opens formal Proceedings against PGNiG concerning alleged Abuse of Dominance in Gas Sector* On 4 July 2011, UOKiK opened a formal investigation into allegations that PGNiG had abused its dominant position in the retail market for gas supply, in breach of Article 9 of the Act (...)

The US FTC opens in-depth investigation for alleged antitrust violations in the online search market: A point of view (Google)
David A. Balto (Washington, DC)
Internet Search Competition: Where’s the Beef?* On [24] June 2011, Google announced that the FTC had opened an investigation of its search practices. This is an issue I have given considerable thought to. In an article I just released—Internet Search Competition: Where’s the Beef?—I explain (...)

The European Commission publishes commitments offered by a leading financial company (Standard & Poor’s)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
On 16 May 2011, the Commission published commitments offered by Standard & Poor’s (“S&P”) to remedy concerns regarding the pricing of international securities identification numbers (“ISINs”). ISINs are a standardized form of identification of securities which are needed in order to buy or (...)

The Mexican Federal Competition Commission (COFECO) issues highest fine ever against a mobile service provider company for engaging in “relative monopolistic practices” (Telcel)
Womerang
The Mexican Federal Competition Commission’s highest fine ever* On April 25, 2011, the Mexican Federal Competition Commission (“COFECO”) moved to sanction Mexico’s largest mobile telephone service provider, Radiomovil Dipsa, S.A de C.V. (“Telcel”), with a fine of almost 12,000 million Mexican pesos (...)

The Spanish NCC closes, subject to commitments, proceeding against the performer’s collective management organization for unfair and discriminatory tariffs on TV broadcasting of audiovisual works (AISGE)
Callol, Coca & Asociados (Madrid)
The commitments finally presented by AISGE redesign the calculation of the tariffs to reflect effective use of its repertoire and have been considered adequate to resolve the anti-competitive effects of the conduct of AISGE; AISGE was under investigation in relation to unfair and discriminatory (...)

The UK Office of Fair Trading issues statement of objections alleging abuse of dominance in the bunker fuel cards industry (CH Jones)
European Commission (Brussels)
United Kingdom: The Office of Fair Trading (OFT) issues Statement of Objections alleging Abuse of Dominance by Bunker Fuel Firm* On 25 February 2011, the OFT issued a Statement of Objections alleging that CH Jones abused its dominant position in the market for the provision of bunker fuel card (...)