Leniency

Anticompetitive practices

Leniency and competition law : An overview of EU and national case law
Covington & Burling (Brussels)
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Clifford Chance
This year -2014- the EU leniency programme is reaching the age of majority. The first European Commission Notice on the non-imposition or reduction of fines in cartel cases was published 18 years ago. e-Competitions chose the perfect time to review and comment on the recent developments in the (...)

Leniency and competition law: An overview of EU and national case law
Latham & Watkins (Brussels)
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Latham & Watkins (Brussels)
I. Introduction This article constitutes a review of the articles published on e-Competitions between 2005 and 2010 concerning European leniency programmes. It is not an overview of the leniency regimes applicable in jurisdictions covered by the e-Competitions database. Rather, it is an (...)

The Brazilian Superior Court of Justice limits the confidentiality of the Competition Authority’s leniency agreements (Εlectrolux)
Mattos Filho Veiga Filho Marrey Jr & Quiroga (New York)
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Mattos Filho, Veiga Filho, Marrey Jr. & Quiroga (Sao Paulo)
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Mattos Filho, Veiga Filho, Marrey Jr. & Quiroga (Brasilia)
The Brazilian Superior Court of Justice (“STJ”) has issued a ruling that seeks to limit the confidentiality of leniency agreements entered into with the Brazilian antitrust authority (“CADE”). Pursuant to the ruling, third parties may have access to such agreements and related materials (including (...)

ECJ Advocate General Wathelet hands down opinion on the relationship between the EU Commission and NCA leniency applications for the same cartel (DHL)
Van Bael & Bellis (Brussels)
On 10 September 2015, Advocate General Wathelet of the European Court of Justice (“ECJ”) issued an opinion on a preliminary reference from an Italian court regarding the relationship between leniency applications made under the European Commission’s leniency notice and summary applications made to (...)

The European Commission fines fives companies over € 19.4 million in cartel settlement for price coordination and customer allocation (Envelopes)
Constantine Cannon (London)
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King’s College (London)
European Commission Seeks To Stamp Out Envelope Cartel With Fines Totaling 19.48 Million Euros* The European Commission has announced that it has imposed fines totaling 19.48 million euros on five European envelope producers for coordinating prices and allocating customers through an (...)

The Romanian Competition Council sanctions a collective boycott aimed at the elimination of a competitor from the market (Brand Programming Network)
DLA Piper Dinu SCA (Bucharest)
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DLA Piper Dinu SCA (Bucharest)
Introduction The Romanian Competition Council ("RCC") published in January 2015 a decision ("RCC Decision") pursuant to an investigation concerning an alleged cartel on the market for media buying services ("RCC Investigation"). The RCC Investigation involved a significant number of companies (...)

The German Competition Authority imposes a fine of 1.89 million euros for an anti-competitive customer allocation agreement concerning services provided for heating surfaces of regenerative heat exchangers used in power plants (Alstom Power Energy Recovery)
German Competition Authority (Bonn)
Bundeskartellamt imposes fine on account of customer allocation agreement concerning services provided for heat exchangers used in power plants* The Bundeskartellamt has imposed a fine of 1.89 million euros on Alstom Power Energy Recovery GmbH on account of an anti-competitive customer (...)

The European Commission imposes €32 million fines in the canned mushrooms cartel (Lutèce, Prochamp and Bonduelle)
Clifford Chance (Madrid)
The infringement The European Commission ("Commission") sanctions three producers of canned mushrooms, Lutèce, Prochamp and Bonduelle, for participating in a cartel and imposes fines amounting to €32.2 million. The cartelists exchanged confidential information on tenders, set minimum prices, (...)

The Spanish Competition Authority fines fire extinguisher producers over 2 million Euro for price fixing and market sharing (Equipos c. Incendios)
European Commission - DG COMP (Brussels)
On 26 June 2014, the Spanish National Markets and Competition Commission (“CNMC”) imposed a fine of over €2 million on six fire extinguisher producers . The CNMC initiated its investigation following a leniency application filed on 26 July 2012 by TODOEXTINTOR S.L, one of the fire extinguisher (...)

The Hungarian Competition imposes fines for exchange of information via market research services concerning the individual sales volumes for contact lenses (CooperVision Optikai Cikkeket Forgalmazó)
Hungarian Competition Authority (Budapest)
Restrictive agreements on the market of contact lenses* The Hungarian Competition Authority (Gazdasági Versenyhivatal - GVH) decided that CooperVision Optikai Cikkeket Forgalmazó Kft., FOTEX-OFOTÉRT Optikai és Fotócikk Kereskedelmi Kft., Johnson Johnson Egészségügyi és Babaápolási Termékeket Gyártó (...)

The European Court of Justice accepts the application of a strict presumption under EU law providing for the liability of a parent company, which holds all of a subsidiary’s capital shares (FLS Plast A/S)
King’s College (London)
On June 19, 2014, in FLS Plast A/S v European Commission the European Court of Justice considered application of a strict rebuttable presumption under EU Law, which provides for a parent company to be held liable for its subsidiary’s anti-competitive market conduct, where the parent company (...)

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

The South African Competition Tribunal asks for a submission on reasons for approving the cartel settlement and expresses doubts as regards the low level of fining (Premier Fishing)
Nortons Incorporated
Appellate competition body questions authority’s lenient fine* Tribunal expresses doubts as to lenient fining level of Premier Fishing The chairman of the South African Competition Tribunal, Takalani Madima, has asked the South African Competition Commission and Premier Fishing for ‘detailed (...)

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 Canadian Competition Bureau announces criminal charges for involvement in an illegal bid-rigging arrangement relating to the provision of IT services (Library and Archives)
Steve Szentesi Law Corporation
Bid-rigging Cases: Competition Bureau Charges IT Company, 6 Individuals in IT Bid-rigging Case* The Canadian Competition Bureau (Bureau) announced earlier on 2 May 2014 that criminal charges have been laid in a federal government IT contract-related bid-rigging case. According to the Bureau, (...)

The Australian Competition and Consumer Commission releases its draft Immunity and Cooperation Policy for Cartel Conduct April 2014 and draft Frequently Asked Questions for public comment
University of New South Wales (Sydney)
This article was originally published on In Competition by King & Wood Mallesons (click here). ACCC simplifies policy on cartel immunity and cooperation* Last week the ACCC released its draft Immunity and Cooperation Policy for Cartel Conduct April 2014 (Draft Policy) and draft Frequently (...)

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 High Court of New Zealand fines wood company for price fixing on the commercial timber market in the Auckland (Carter Holt Harvey)
New Zealand Commerce Commission
Press releases published on New Zealand Commerce Commission Carter Holt Harvey fined for “classic” price fixing breaches* Commerce Commission General Manager Competition, Kate Morrison says the High Court’s decision to fine Carter Holt Harvey $1.85 million for price fixing in the Auckland (...)

The Danish State Prosecutor for Serious Economic and International Crime grants immunity from sanctions concerning bid rigging in the cleaning industry
Danish Competition and Consumer Authority (Copenhagen)
Denmark: ”Immunity in a cartel case granted for the first time”* An undertaking and a natural person in the cleaning industry has been granted immunity from sanctions in a cartel case for the disclosure of information regarding the cartel. It is the first time that the State Prosecutor for (...)

The German Competition Authority finds that the sugar cartel agreement has been implemented under the umbrella of the national industry association (Pfeifer / Südzucker / Nordzucker)
Steve Szentesi Law Corporation
Trade Association Reportedly Used as Umbrella for Market Division, Output Restriction Cartel Agreement Among German Sugar Manufacturers* On 18 February 2014 the German antitrust authority (Bundeskartellamt) announced that it had fined Germany’s three largest sugar manufacturers € 280 million in (...)

The German Competition Authority fines sugar producers for concluding anticompetitive agreements on sales areas, quotas and prices (Zuckerkartell)
German Competition Authority (Bonn)
Bundeskartellamt imposes fines on sugar manufacturers* Today the Bundeskartellamt has imposed fines amounting to around 280 million euros on the three major German sugar manufacturers Pfeifer & Langen GmbH & Co.KG, Cologne, Südzucker AG Mannheim/Ochsenfurt, Mannheim, and Nordzucker AG, (...)

The Lisbon Appeal Court confirms fines for resale price maintenance relating to dairy products in the ’horeca’ sector (Lactogal)
Eduardo Paz Ferreira & Associados
In July 2012, the Portuguese Competition Authority (PCA) found that Lactogal infringed the national provision equivalent to Article 101 TFEU in several markets for distribution and sale of dairy products in the hotel, restaurant and café (or hotel and catering) sector. Specifically, the PCA (...)

The German Competition Authority imposes further fines amounting to 231.2 million Euros in its proceedings concerning illegal price fixing agreements for beer (Carlsberg / Radeberger / Bolten / Erzquell / Früh / Gaffel)
German Competition Authority (Bonn)
Cartel proceedings against breweries concluded with imposition of further fines* The Bundeskartellamt has imposed further fines amounting to 231.2 million Euros in its proceedings concerning illegal price fixing agreements for beer. The fines were imposed on the companies Carlsberg Deutschland (...)

The German Competition Authority imposes fines on five beer manufacturers and seven individuals in a beer price-fixing case (Breweries Cartel)
Steve Szentesi Law Corporation
Beer Manufacturers Fined $145 M in Price-fixing Case – Other Brewers, Association Investigated* Earlier on the 13th of January 2013, the German antitrust authority (the Bundeskartellamt) announced that $145 million in fines had been imposed against five beer manufacturers and seven individuals (...)

The German Competition Authority imposes fines on five breweries as well as seven individuals personally involved on account of illegal price fixing agreements for beer (Bitburger)
German Competition Authority (Bonn)
First fines imposed in cartel proceedings against breweries* Bonn, 13 January 2014: The Bundeskartellamt has imposed fines totalling 106.5 million euros on the companies Bitburger Braugruppe GmbH (Bitburger), Krombacher Brauerei Bernhard Schadeberg GmbH & Co. KG (Krombacher), C. & A. (...)

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 Australian Competition and Consumer Commission files civil proceedings against a cartel that allegedly denied the benefits of lower prices for laundry detergent products to the consumers (Woolworths)
Australian Competition and Consumer Commission
ACCC takes action against alleged laundry detergent cartel* The Australian Competition and Consumer Commission has filed civil proceedings, in the Sydney registry of the Federal Court of Australia, in relation to an alleged cartel that the ACCC alleges denied Australian consumers the benefits (...)

The Luxembourgish Competition Council fines producers of railway switches for having participated in a market sharing and price fixing cartel (Voestalpine, Schreck-Mieves, Kihn, Vossloh)
European Commission (Brussels)
Luxembourg: Fines imposed in Railway Switches Cartel Case* The Luxembourgish Competition Council (the Council) has fined two producers of railway switches by decision of 23 October 2013. Two German undertakings, voestalpine BWG GmbH (voestalpine) and Schreck-Mieves GmbH (Schreck-Mieves) were (...)

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

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

The Australian Competition and Consumer Commission releases discussion paper in cartel immunity policy review
Australian Competition and Consumer Commission
ACCC releases discussion paper in cartel immunity policy review* The Australian Competition and Consumer Commission has released a public discussion paper inviting comment upon several key issues arising from its review of the ACCC Immunity Policy for Cartel Conduct. Given the importance of (...)

The Canadian Competition Bureau publishes revised sets of the Frequently Asked Questions related to its Immunity and Leniency Programs
Steve Szentesi Law Corporation
Competition Bureau Issues New Immunity and Leniency Program FAQs* The Competition Bureau has issued revised Immunity Program FAQs and Leniency Program FAQs (see: Competition Bureau Publishes Revised Immunity and Leniency FAQs). In making the announcement, relating to the first update to its (...)

The Brazilian CADE fines air cargo carriers for price fixing highlighting the importance of leniency program in the fight against cartels (Absa Aerolineas Brasileiras)
Brasilian Administrative Council for Economic Defense (CADE) (Brasilia)
Introduction CADE’s Tribunal condemned airlines ABSA Aerolineas Brasileiras S.A., Varig Logistica SA, American Airlines Inc., and Alitalia Linee Aeree Italiane S.P.A., plus seven individuals, for cartel formation in the international air cargo sector. The fines sum approximately 300 million (...)

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

The Chinese NDRC imposes fines on several foreign infant milk formula companies for price fixing (Nestlé, Abbott Laboratories)
King & Wood Mallesons (New York)
The Second RPM Investigation by NDRC within this Year* In May 2013, the National Development and Reform Commission (“NDRC“) initiated the investigation against several infant formula companies for the alleged violation of Article 14 of the Antimonopoly Law (“AML“). This is the second (...)

The Chinese NDRC imposes record fines on six major infant formula makers for vertical price-fixing practices (Biostime, Mead Johnson, Dumex, Abbott, FrieslandCampina, Fonterra)
University of Political Science & Law of China
I. Facts and Background On August 7, 2013, China’s top enforcer in charge of curbing price monopolies, the National Development and Reform Commission (“NDRC”) announced its decision to levy fines in the total amount of CNY 668.73 million (about USD 108.34 million) on six infant formula producers (...)

The German Competition Authority imposes fines for agreements to the detriment of local public transport companies, private, regional and industrial railways and construction companies (ThyssenKrupp / Gleistechnik /voestalpine / Butzbach /Schreck-Mieves)
German Competition Authority (Bonn)
Bundeskartellamt punishes more agreements between rail manufacturers* Fines totalling almost 100 million euros imposed for agreements to the detriment of local public transport companies, private, regional and industrial railways and construction companies On 23 July 2013 the Bundeskartellamt (...)

The German Competition Authority imposes last fine in rail track cartel case (Moravia, ThyssenKrupp, Stahlberg Roensch, TSTG)
Van Bael & Bellis (Brussels)
According to a press release of 11 July 2013, the German Federal Cartel Office (“FCO”) has imposed a fine of € 10 million on Moravia Steel Deutschland GmbH (“Moravia”) for having engaged in bid-rigging in the supply of rails to Deutsche Bahn AG in the period from 2001 to 2009. According to (...)

The EU Commission fines € 141.8 M four producers of wire harnesses for rigging a series of tenders in breach of Article 101 TFEU (Automotive component suppliers’ cartel)
Van Bael & Bellis (Brussels)
On 10 July 2013, the European Commission announced that it had adopted a decision fining four producers of wire harnesses a total of € 141.8 million for rigging a series of tenders in breach of Article 101 TFEU. In its decision, the Commission found that five companies – Sumitomo, Yazaki, (...)

The UK Office of Fair Trading publishes revised guidance on applications for leniency and no-action in cartel cases
Van Bael & Bellis (Brussels)
On 8 July 2013, the UK’s Office of Fair Trading (“OFT”) published its revised guidance on applications for leniency and no-action in cartel cases. The publication follows two earlier consultations on the subject in October 2011 and October 2012 (see VBB on Competition, Volume 2011, No. 10) (...)

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 EU Court of Justice finds a firm which has infringed Article 101 TFEU may not escape imposition of a fine for the sole reason that the illegality of its conduct was erroneously assessed by its legal counsel or by a decision of a national competition authority (Bundeswettbewerbsbehörde / Schenker)
Philippe & Partners (Brussels)
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Liège University - IEJE
I. The Parties The Bundeswettbewerbsbehörde, the Federal Competition Authority in Austria. The Bundeskartellanwalt, the Federal Cartel Lawyer in Austria. Thirty-one undertakings, including inter alia Schenker & Co. AG (“Schenker”), members of the Spediteur-Sammelladungs-Konferenz (the (...)

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

The EU Court of Justice rules that reliance on legal advice or decisions of NCAs does not preclude imposition of fine for infringing art. 101 TFEU (Schenker)
European Commission - DG Internal Market and Services
In a reference for a preliminary ruling under Article 267 TFEU, made by the Oberster Gerichtshof (Austria) on 5th December 2011, the EU Court of Justice was asked to respond to the following question; whether a fine may be imposed, in case of an infringement of Art.101 TFEU, when the (...)

The Korean Appellate Court prevents the worst-case scenario where no sanction is imposed on both price-fixers in the flat glass industry by siding with the Korean Fair Trade Commission (Han-Kuk Glass Industry and Kum-Kang Corea Chemical)
Bae Kim & Lee
Case Summary The Korean Fair Trade Commission (“KFTC”) imposed fines on cartels in the flat glass industry in June of 2013 for violation of Article 19 of the Monopoly Regulation and Fair Trade Act of Korea.] Han-Kuk Glass Industry (“HGI”) and Kum-Kang Corea Chemical (“KCC”) had participated in (...)

The French Competition Authority fines four distributors of commodity chemicals operating in France for price coordination and customer allocation (Brenntag, Caldic Est, Univar and Solvadis)
Herbert Smith Freehills (Paris)
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In a decision dated 29 May 2013, the French Competition Authority (hereinafter, the "FCA") imposed a total fine of more than €79 million on the members of a cartel formed by the four major distributors of commodity chemicals (solvents, alcohols, acids, ethers, bleach etc…) in France. The (...)

The French Competition Authority fines € 79 M four distributors of commodity chemicals for engaging in cartel behavior (Brenntag, Caldic Est, Univar and Solvadis)
Van Bael & Bellis (Brussels)
On 29 May 2013, the French Competition Authority (“FCA”) fined four distributors of commodity chemicals — Brenntag, Caldic Est, Univar and Solvadis — a total of € 79 million for engaging in cartel behaviour. The FCA found that, between 1998 and mid-2005, the parties had operated a cartel to (...)

The French Competition Authority fines cartel among major distributors of commodity chemicals (Brenntag, Caldic Est, Univar and Solvadis)
European Commission (Brussels)
France: The Autorité de la concurrence fines Cartel among major Distributors of Commodity Chemicals in France* On 28 May 2013, the Autorité de la concurrence (the Autorité) issued a decision imposing a total of € 79 000 000 in fines on a cartel between Brenntag, Caldic Est, Univar and Solvadis. (...)

The German Competition Authority concludes a series of proceedings against consumer goods manufacturers on account of illegal exchange of competition-relevant information (Nestlé)
German Competition Authority (Bonn)
Bundeskartellamt concludes proceedings against consumer goods manufacturers on account of illegal exchange of information and imposes multi-million fine on Nestlé* Today the Bundeskartellamt has concluded a series of proceedings against consumer goods manufacturers on account of illegal (...)

The German Competition Authority concludes a series of proceedings against consumer goods manufacturers with fines totalling approximately € 20 M (Nestlé)
European Commission (Brussels)
Germany: The Bundeskartellamt concludes Proceedings against Consumer Goods Manufacturers* On 27 March 2013, the Bundeskartellamt (BKartA) has concluded a series of proceedings against consumer goods manufacturers with fines totalling approximately € 20 000 000 being imposed on Nestlé (...)

The German Competition Authority fines six several manufacturers of branded drugstore products for information exchange (Manufacturers of drugstore products cartel)
European Commission (Brussels)
Germany: Multi-million Fines imposed on Manufacturers of Drugstore Products on account of anti-competitive Information Exchange* On 18 March 2013, the Bundeskartellamt (BKartA) concluded its proceedings against several manufacturers of branded drugstore products (body care products, cleaning (...)

The Belgian Competition Council imposes fines on five large flour mills (Werhahn, Meneba, Ceres, Dossche and Brabomills)
European Commission (Brussels)
Belgium: The Competition Council imposes Fines on five large Flour Mills* On 28 February 2013, the Competition Council (the Council) sanctioned five flour mills (Werhahn, Meneba, Ceres, Dossche and Brabomills) for having taken part into a cartel on the market for the production and sale of (...)

The Spanish Competition Authority fines ten companies and sector association for cartel in flexible polyurethane foam (Foam cartel)
European Commission (Brussels)
Spain: The Comisión Nacional de la Competencia fines ten Companies and Sector Association for Cartel in Flexible Polyurethane Foam* In its Resolution of 28 February 2013, the Comisión Nacional de la Competencia (CNC) Council found that several companies active in the sector of the flexible (...)

The German Competition Authority concludes proceedings against flour mills and imposes fines totaling more than 65 million euros (Verband Deutscher Mühlen)
German Competition Authority (Bonn)
Bundeskartellamt concludes proceedings against flour mills and imposes fines totaling more than 65 million euros* The Bundeskartellamt has concluded its cartel proceedings against companies in the milling industry and imposed fines of approx. 41 million euros on 22 companies, the association (...)

An Advocate General of the ECJ postulates that the EU principle of effectiveness precludes a provision of national law which makes the grant of access to documents by a national court subject to the consent of the antitrust infringers (Donau Chemie)
Matrix Chambers
Pfleiderer revisited: the AG Opinion in Donau Chemie* On 7 February, AG Jääskinen issued his Opinion in Case C-536/11 Donau Chemie, a much anticipated case (at least among competition lawyers) concerning the compatibility with EU law of an Austrian law which prohibits third party access to the (...)

The German Competition Authority imposes fines of more than € 60 million on confectionery manufacturers for price fixing agreements (Chocolate Cartel)
German Competition Authority (Bonn)
Bundeskartellamt imposes fines of more than € 60 million on confectionery manufacturers* The Bundeskartellamt has concluded its fine proceedings against several manufacturers of branded confectionery. On account of several cartel infringements, fines of approx. € 60 million have been imposed on (...)

The Hungarian Supreme Court upholds NCA’s decision and reduces fines in the gas insulated switchgear cartel (Siemens, Alstom)
lakatos, koves and partners
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Kinstellar (Budapest)
The HCO decision The Hungarian Competition Office (HCO) received one of its first leniency applications back in 2004 from ABB in connection with alleged anti-competitive activities by ABB, Areva, Siemens, Alstom and VA Tech on the gas insulated switchgear (GIS) market. Although the cartel (...)

The Italian Administrative Court of First Instance annuls the NCA’s decision fining 15 shipping agents’ firms and two trade associations for a cartel at the port of Genoa (Servizi di Agenzia Marittima)
Covington & Burling (Brussels)
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Robur Siena
With the judgment published on 15 January 2013, the Italian administrative court of first instance with jurisdiction on antitrust cases (TAR Lazio) annulled the Italian Competition Authority’s (ICA) decision fining 15 firms and two trade associations for taking part in a cartel whose aim was to (...)

The Italian Administrative Court of First Instance quashes, for the first time ever, an infringement decision adopted following two leniency applications (Shipping agencies services)
Bonelli Erede Pappalardo (Rome)
In its judgment delivered on 15 January 2013, the Italian Administrative Court of First Instance ("Tar Lazio") quashed for lack of evidence, the infringement decision adopted by the Italian Competition Authority ("ICA") on the Shipping agencies services case which was initiated on the basis of (...)

The Swiss Competition Commission joins the US DOJ, the EU Commission and other antitrust authorities in imposing fines to domestic and foreign freight forwarders (Kuehne + Nagel International, Panalpina Welttransport, Agility Logistics International, Deutsche Bahn, Deutsche Post, Spedlogswiss)
Bourgeois Avocats
Introduction After a five and a half years long investigation, the Swiss Competition Commission (COMCO) eventually joined US and EU antitrust authorities in sanctioning price fixing agreements related to a variety of fees charged to clients purchasing international freight forwarding services (...)

The European Commission fines 7 international groups of companies a total of € 1 470 515 000 for participating in either one or both of two distinct cartels in the sector of cathode ray tubes (CRT Cartel)
European Commission (Brussels)
European Commission fines seven international groups of companies a total of € 1 470 515 000 for participating in either one or both of two distinct cartels in the sector of cathode ray tubes* On 5 December 2012, the European Commission (the Commission) has fined seven international groups of (...)

The Polish Competition Authority changes its approach towards vertical agreements (IMS Sofa)
WKB Wierciński Kwieciński Baehr (Warsaw)
In the decision of 30 August 2012, the President of the Office for Competition and Consumer Protection (hereinafter referred to as the “OCCP President” or the “PCA”) found that the furniture manufacturer IMS Sofa was fixing prices with its distributors in respect to company’s selected products for (...)

The German Competition Authority fines a confectionery manufacturer for anti-competitive exchange of information (Haribo)
European Commission (Brussels)
Germany: The Bundeskartellamt imposes first Fine in Sweets Case* On 1 August 2012, the Bundeskartellamt (BKartA) has imposed fines totalling € 2 400 000 on the confectionery manufacturer Haribo GmbH & Co KG (Haribo) for having infringed Article 101 TFEU and the corresponding provision in (...)

The German Competition Authority imposes fines on manufacturers of automatic doors (Assa Abloy Entrance Systems, Blasi)
Van Bael & Bellis (Brussels)
According to a press release of 25 July 2012, the German Federal Cartel Office (“FCO”) has imposed fines totalling around € 2.4 million on eight manufacturers of automatic door systems, their trade association and one individual for their involvement in a price-fixing cartel. The parties (...)

A US District Court allows a plea of nolo contendere, while retaining full discretion at sentencing to impose any penalty and fine against a price-fixing conspiracy engaged by an air cargo carrier (Florida West)
King & Wood Mallesons (Sydney)
This article was originally published on In Competition by King & Wood Mallesons (click here). US District Court blows full time on cartel proceedings against Florida West* The District Court has made the rare decision to accept a plea of no contest from airline Florida West, ending the (...)

The English High Court rules in favour of partial disclosure of documents in an action for damages allegedly caused by the gas insulated switchgear cartel (National Grid Electricity)
Matrix Chambers
National Grid – shining Pfleiderer’s light on access to EU leniency documents* A while ago I blogged on an important development in the General Court relating to the ability of victims of cartels and other anti-competitive practices to get their hands on relevant evidence enabling them to prove (...)

The English High Court orders disclosure of parts of the unredacted version of the EU Commission’s switchgear cartel decision (National Grid / ABB)
Baker McKenzie (London)
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Linklaters (London)
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Constantine Cannon (London)
*Antitrust Litigation: Access to Documents Held by Regulatory Authorities The English High Court has confirmed that the principles established by the judgment of the Court of Justice of the European Union (the "ECJ") in Pfleiderer apply to the disclosure of leniency documents submitted to the (...)

The Competition Commission of Pakistan grants immunity upon a leniency application that facilitated the breakage of a Rs 36 billion cartel in switchgear and distribution transformer market (Siemens)
Computer and Communications Industry Association US (CCIA)
On April 3 the Competition Commission of Pakistan published a landmark decision imposing fines to members participating on a switchgear and transformer distribution market cartel, upon a leniency application submitted by Siemens. The decision represents a stepping-stone within the Pakistani (...)

A Northern District of California jury finds two of five defendants, all from Taiwan, guilty of conspiring to fix the prices of thin-film transistor liquid crystal displays (AU Optronics)
White & Case (Washington)
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White & Case (Washington)
Are Antitrust Violations Crimes Involving Moral Turpitude?* On March 13, 2012, the United States obtained its first trial convictions ever against foreign nationals for antitrust violations under the Sherman Act. A Northern District of California jury found two of the five defendants, all from (...)

The Spanish Competition Authority fines five ferry operators for participating in a cartel on the freight and passenger maritime transport in the Balearic Islands (Navieras Baleares)
Hogan Lovells (Madrid)
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Linklaters (Madrid)
On 23 February 2012, the Council of the Spanish Competition Commission (the “Council”, the “SCC”) imposed combined fines of up to €54 million on Balearia Eurolíneas Marítimas, S.A. ("Balearia"), Compañía Transmediterránea, S.A.("Transmediterránea"), Isleña Marítima de Contenedores, S.A. ("Iscomar"), (...)

The Italian Competition Authority fines 15 shipping agents firms and two trade associations for a cartel at the port of Genoa (Servizi di Agenzia Marittima)
Desogus Law Office (Cagliari)
By a decision taken on 22 February 2012 the Italian Competition Authority (ICA) has fined 15 firms and two trade associations for taking part in a secret cartel having as object the fixing of the fees charged by the shipping agents of the port of Genoa. The facts of the case In May 2010 the (...)

The Italian Competition Authority finds 15 shipping agencies and 2 trade associations to have infringed Art. 101 TFEU (Shipping agencies services)
Bonelli Erede Pappalardo (Rome)
By its Decision adopted on 22 February 2012, the Italian Competition Authority (“ICA”) fined 15 shipping agencies and 2 trade associations approximately EUR 4 million for breach of Article 101 TFEE. On the grounds of the leniency applications submitted by two shipping companies (i.e., Mersk and (...)

The Finnish Competition Authority warns of increased scrutiny of cartels
Van Bael & Bellis (Brussels)
On 20 February 2012, the Finnish Competition Authority (“FCA”) announced that it is enhancing its scrutiny of cartels. The authority has in particular bolstered its recruitment of antitrust officials, who will primarily focus on cartel enforcement. Furthermore, the FCA is tightening (...)

The Italian Antitrust Authority concludes an investigation triggered by a leniency application concerning a cartel of shipping agents in the port of Genoa
Italian Competition Authority (Roma)
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University Luiss Guido Carli - GRIF (Rome)
A) The decision The Italian Competition Authority, “ICA”, has imposed fines for about 4 million Euros on sixteen shipping agents and two trade associations (Assoagenti, the main trade association for shipping agencies and Spediporto, a representative trade association for the forwarding (...)

The Serbian Competition Authority applies its leniency programme in a case of a vertical distribution agreement with a resale price maintenance clause (Idea / Swisslion)
University of Technology (Tallinn)
On 23 December 2011 the Serbian Competition Authority (KZK) established that by including the resale price maintenance clause (minimum prices) in their distribution agreement Idea d.o.o. (distributor) and Swisslion Group d.o.o. (supplier) have concluded an anti-competitive agreement contrary to (...)

The German Competition Authority imposes fines totaling € 15.5 M on manufacturers and retailers of hydrants and other water network fittings (Erhard, Schmieding, Frischhut, AVK, VAG, vonRoll)
Van Bael & Bellis (Brussels)
According to a press release of 16 December 2011, the German Federal Cartel Office (“FCO”) has imposed fines totalling approximately € 15.5 million on six manufacturers and retailers of hydrants and other water network fittings, as well as on four of their executives, for their participation (...)

The French Competition Authority detects cartel of world four major detergent manufacturers and imposes fines amounting to € 368 000 000 (Unilever, Procter & Gamble, Henkel and Colgate Palmolive)
European Commission (Brussels)
France: Thanks to its Leniency Programme, the Autorité de la concurrence detects Cartel of World four major Detergent Manufacturers and imposes Fines amounting to € 368 000 000* On 8 December 2011, the Autorité de la concurrence (the Autorité) established the existence of a cartel between the four (...)

The French Competition Authority fines the four major laundry detergent manufacturers for violating cartel legislation (Unilever, Procter & Gamble, Henkel and Colgate Palmolive)
EDHEC (Nice)
The French Competition authority fines the four major laundry detergent manufacturers for violating cartel legislation. Summary The French competition authority has fined a cartel between Unilever, Procter & Gamble, Henkel and Colgate Palmolive for a total amount of €367.9 million euros. (...)

The Serbian Competition Authority grants immunity from fines to a bus company for the notification of the price-fixing agreement with a competitor (Jeremic prevoz / Nis ekspres)
University of Technology (Tallinn)
On 24 November 2011 the Serbian Competition Authority (KZK) established that the two bus operators, Jeremic prevoz d.o.o. and Nis ekspres a.d. by concluding an agreement concerning joint transportation services and establishing uniform ticket prices have committed an infringement of the (...)

The Hellenic Competition Commission adopts a revised leniency programme (Leniency Programme)
European Commission (Brussels)
Greece: New Leniency Programme* On 23 November 2011, the new Greek Leniency Programme was published in the Official Journal of the Hellenic Republic. The new programme which is effective from the date of its publication was adopted by a Decision of the Board of the Hellenic Competition (...)

An Italian administrative court upholds the Competition Authority granting of full immunity and fine reductions to participants in the cosmetic and health care products cartel under the leniency programme (Reckitt Benckiser)
Desogus Law Office (Cagliari)
On appeal on the Cartel of large retailers for cosmetics and health care products decision of the Italian Competition Authority (ICA) the Regional Administrative Tribunal of Latium (Tar Latium) examined full immunity and fine reductions granted to a number of cartelists pursuant to the ICA (...)

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 German Bundeskartellamt fines two manufacturers of coffee products (Kraft Foods, Krüger)
European Commission (Brussels)
Germany: Fines imposed on Cartel in Instant Capuccino Market* On 18 October 2011, the Bundeskartellamt (BKartA) imposed fines totalling approximately € 9 000 000 on Kraft Foods Deutschland GmbH and Krüger GmbH & Co. Kommanditgesellschaft, two manufacturers of coffee products, for their (...)

The German Competition Office imposes fines on manufacturers of wood based products (Manufacturers of wood-based products)
European Commission (Brussels)
Germany : Multi-Million Fines imposed on Manufacturers of Wood-based Products* On 20 September 2011, the Bundeskartellamt (BKartA) imposed fines totalling approximately € 42 000 000 on four manufacturers of chipboard, oriented strand boards and other wood-based products and on 10 individuals (...)

The German competition authority imposes multi-million fines for hardcore cartel in the concrete pipe sector (Berding and Betonwerk Bieren)
European Commission (Brussels)
Germany: The Bundeskartellamt imposes multi-million Fines for hard-core Cartel in the Concrete Pipe Sector* On 10 August 2011, the Bundeskartellamt (BKartA) imposed fines totalling € 11 860 000 on two manufacturers of concrete pipes and five individuals. The undertakings concerned are Berding (...)

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 Italian Antitrust Authority concludes an investigation triggered by a leniency application concerning a cartel in the freight forwarding market (Freight-forwarding agents cartel case)
European Commission (Brussels)
Italy: Fines imposed in Freight-Forwarding Agents Cartel Case* On 15 June 2011, the ICA concluded an investigation triggered by a leniency application concerning a cartel in the freight forwarding market. The ICA ascertained that the main market players had coordinated their commercial (...)

The French Competition Authority contributes to the public consultation launched by the European Commission on private enforcement
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence (French National Competition Authority) contributes to the public consultation launched by the European Commission*. Like some other NCAs (national competition authorities) in (...)

The European Commission settles a cartel in the washing powder industry fining two of the three participating companies and granting full immunity to the first informing about price coordination and other market stabilization strategies adopted (Procter & Gamble, Unilever, Henkel)
European Commission (Brussels)
European Commission: Settlement Decision adopted in Washing Powder Cartel* On 13 April 2011, the European Commission adopted a decision settling a cartel case involving major European producers of washing powder: Procter & Gamble, Unilever and Henkel. This is the third cartel settlement in (...)

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 Bulgarian Competition Authority adopts new leniency programme ensuring greater transparency on granting immunity or fines reduction
European Commission (Brussels)
Bulgaria: The Competition Authority adopts New Leniency Programme On 8 March 2011, the Commission on Protection of Competition (CPC) adopted a new Leniency Programme, which ensures greater transparency of the CPC’s policy for granting immunity or a reduction of fines for an undertaking having (...)

The European Commission issues new guidelines on the applicability of Art. 101 TFEU to horizontal co-operation agreements equating information exchanges between competitors with cartels
Garrigues (Brussels)
Information exchange=cartel?* Many have praised the inclusion of some guidance on exchanges of information within the new EU Guidelines on horizontal agreements. Personally, I agree with those arguing that guidance from the Commission was necessary, and I acknowledge that there are some useful (...)

The Chinese State Administration for Industry and Commerce adopts its first cartel decision under the Anti-Monopoly Law in the concrete production sector
Lni avocats (Paris)
It has been reported that last January, a local branch of the State Administration for Industry and Commerce («SAIC»), used, for the first time, its enforcement powers under China’s Anti-Monopoly Law («AML») to fine a trade association and some of its members for having implemented various market (...)

The Italian Competition Authority fines personal care products cartel (Unilever Italia, Colgate-Palmolive, Procter & Gamble, Reckitt-Benckiser)
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 Italian competition Authority detects and punishes a cartel between cosmetics and drugs producers aimed at fixing the retail products prices and at weakening the market power of distributors
University of Bologna
The Italian Competition Authority (hereafter Agcm) has fined 16 producers of cosmetics, drugs and soaps a total of € 81.181.335 for operating a complex price-fixing cartel having as its object the restriction of competition which harmed Italian consumers of cosmetics, drugs and soaps for seven (...)

The Italian Court of First Instance confirms the Italian Competition Authority’s decision in a price fixing case concerning the liquefied petroleum gas sector (Butangas, Eni, Liquigas)
Bonelli Erede Pappalardo (Rome)
In its judgment delivered on 13 December 2010, the Italian Court of First Instance ("Tar Lazio") confirmed the decision by which the Italian Competition Authority ("ICA") found the three main operators active in the LPG sector in Italy (i.e. Butangas, Eni and Liquigas) to have coordinated their (...)

The Hungarian Metropolitan Court of Appeal upholds an infringement decision of the NCA concerning an exclusive supply and purchasing arrangement and finds that the addressees of the decision have no standing to challenge immunity granted to another party (Kortex Mérnöki Iroda)
Ernst & Young
The Metropolitan Court of Appeal upheld a decision of the Hungarian Competition Authority concerning an exclusive supply – exclusive purchasing arrangement and found that the addressees of the decision have no standing to challenge immunity granted to another party. I. The background of the (...)

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

The German Competition Authority fines two manufacturers of pressroom chemicals for their involvement in anti-competitive agreements (DC Druck Chemie, Felix Böttcher, Helmut Siegel)
European Commission (Brussels)
Germany: Fines imposed on two Companies in the Press room Chemicals Sector On 29 September 2010, the Bundeskartellamt imposed fines amounting to € 660,000 on two manufacturers of pressroom chemicals for their involvement in anti-competitive agreements prohibited by national law and by Article (...)

The German Competition Authority fines a company airline for coordinating ticket prices for flights to Turkey (Condor Flugdienst)
European Commission (Brussels)
Germany: Fine imposed for coordinating Ticket Prices for Flights to Turkey On 28 September 2010, the Bundeskartellamt imposed a fine of € 1,200,000 on Condor Flugdienst GmbH for its involvement in an illegal agreement on the prices of flights from Germany to Turkey infringing national (...)

The Czech Office for the Protection of Competition fines five participants in the cathode ray tubes cartel under national antitrust law (CRT cartel)
Government of the Czech Republic
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European Court of Justice (Luxembourg)
In a first-instance decision of 13 September 2010, the Czech Office for the Protection of Competition concluded that from 1998 to 2006, Samsung SDI, Chunghwa Picture Tubes, Koninklijke Philips Electronics, Technicolor, Panasonic, Toshiba and LG Electronics formed a prohibited cartel in the (...)

The Spanish Competition Authority fines a cartel in the sector of freight forwarding activities (Transitarios)
Hogan Lovells (Madrid)
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Linklaters (Madrid)
On 31 July 2010, the Council of the Spanish Competition Commission (Consejo de la Comisión Nacional de la Competencia, hereinafter "the Council", "the NCC") imposed a fine of €14 M on eight road freight forwarding companies for coordinating their pricing and commercial strategies. The file was (...)

Three US Senators introduce a bill that would make permanent provisions of the ACPERA granting reduced civil liability to successful leniency applicants
Sheppard Mullin (San Francisco)
Bill Introduced To Secure Reduced Civil Liability For Amnesty Applicants* Three U.S. senators have introduced a bill that would make permanent provisions of the Antitrust Criminal Penalties Enforcement and Reform Act of 2004 (ACPERA) granting reduced civil liability to companies who (...)

The Polish Competition Authority fines members of a price maintenance agreement on the paint market (Tikkurila, Castorama, Praktiker)
Hogan Lovells (Warsaw)
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Hogan Lovells (Warsaw)
Background The market for the wholesale of paints in Poland has been subject to special scrutiny by the Office for Competition and Consumer Protection (the OCCP). The first case concerning the illegal collusion between the paint producer (Polifarb Cieszyn) and its distributors was examined in (...)

The Belgian Competition Council fines four undertakings for participating in a cartel in the radiators market (Masco, Quinn, Radson, Caradon)
European Commission (Brussels)
Belgium: Fines imposed on Cartel in the Market for Radiators On 20 May 2010, the Competition Council fined four undertakings for participating in a cartel on the Belgian steel plate radiators market. The investigation of the competition authorities was based on two leniency applications. The (...)

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 Competition Authority issues statement of objections against two airlines (Cathay Pacific Airways, Virgin Atlantic)
European Commission (Brussels)
United Kingdom: The Office of Fair Trading (OFT) issues Statement of Objections against Cathay Pacific Airways and Virgin Atlantic On 22 April 2010, the Office of Fair Trading issued a Statement of Objections alleging that Cathay Pacific Airways and Virgin Atlantic infringed competition law (...)

The Australian Federal Court in Perth hands down its final orders in the long running Western Australian air conditioning cartel case
Australian Competition and Consumer Commission
WA air conditioning cartel prosecution finalised: $9 million penalties* The Federal Court in Perth handed down its final orders in the long running Western Australian air conditioning cartel case which had involved bid-rigging and price fixing on projects valued at over $100 million. Over the (...)

The UK Office of Fair Trading heavely fines price-fixing practices from supermarkets and tobacco firms in a decision which may be its largest ever combined fine (Imperial Tobacco, Gallaher and retailers)
TT&A
The Office of Fair Trading (“OFT”) has recently fined two tobacco companies, namely Imperial Tobacco and Gallaher (now part of Japan Tobacco International), and ten retailers in UK for collusion while determining tobacco retail prices. The actual infringement took place between 2001 and 2003 for (...)

The Austrian Cartel Court imposes fines on printing chemical wholesalers (Donau Chemie, DC Druck-Chemie, Brenntag, Ashland)
European Commission (Brussels)
Austria: Fines imposed on Printing Chemical Wholesalers On 14 April 2010, the Austrian Cartel Court imposed fines totalling € 1,500,000 on the Donau Chemie, DC Druck-Chemie, Brenntag and the Ashland groups for having infringed Article 101 TFEU. All of the addressees of the Cartel Court’s (...)

The Spanish Competition Authority fines the five major producers of bath and shower gel for a price-fixing cartel in its first successful leniency case (Fabricantes de gel)
Hogan Lovells (Madrid)
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University of Harvard - Law School
On 21 January 2009, the Council of the Spanish Competition Authority (Consejo de la Comisión Nacional de la Competencia, hereinafter the “Council”) sanctioned the four largest Spanish manufacturers of bath and shower gel. i.e. Puig Beauty & Fashion Group, S.L. ("Puig"), Sara Lee Household and (...)

The English High Court sees a way through public policy objections to the recovery of cartel fines from company executives (Safeway Stores)
Sanoma
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Clayton Utz (Sydney)
a. Background Since 2005, the UK’s Office of Fair Trading (“OFT”) has investigated an alleged cartel scheme arranged by certain supermarkets and dairy producers between 2002 and 2003. In 2007, Safeway (now owned by Wm Morrisons Supermarkets plc), one of the supermarket chains implicated in the (...)

The EU Commission estimates costs for more effective Greek competition enforcement
University of East Anglia - CCP (Norwich)
Article published on Centre for Competition Policy blog. Greece Needs to Tackle Cartels – But Can It?* An EU task force sent to Athens in January have suggested that removing obstacles to competition – estimated to cost Greece around 1% of GDP (€2.5bn a year) – would help to restore its (...)

The Portuguese Competition Authority caters to a catering cartel (Eurest, Trivalor, Uniself, ICA/Nordigal, Sodexo Portugal)
Eduardo Paz Ferreira & Associados
The Portuguese Competition Authority has imposed fines totaling EUR 14,7 million on five undertakings for a violation of the national provision similar to Art. 101 of the TFUE (and, possibly, under this provision as well), for a cartel in the national market for mass catering and for canteen (...)

The Portuguese Competition Authority fines € 14,7 million five undertakings implicated in the Canteen Cartel and uses the leniency regime for the first time (Eurest, Trivalor, Uniself, ICA/Nordigal, Sodexo Portugal)
University of Lisbon
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Abreu Advogados
On 30 December 2009 the Portuguese Competition Authority (PCA) imposed total fines € 14,720 million on five mass catering undertakings active in the market for meals and refectory, canteen and restaurant management/operating services for anti-competitive practices. This case amounts to the first (...)

The Polish Competition Authority imposes the biggest fine in its history on members of a cement cartel (Lafarge Cement)
WilmerHale (Brussels)
The cement market in Poland and main proceedings The market for grey cement in Poland is shared between several former state-owned companies. This market structure, inherited after centrally planned economy, was subsequently preserved by international entities, which had acquired local cement (...)

The Finnish Market Court uphelds Competition Authority decision on fines for timber cartel (Stora Enso, Metsäliitto, UPM-Kymmene)
European Commission (Brussels)
Article published in ECN Brief 02/2010 (click here). 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 (...)

The Dutch Competition Authority fines swimming pool chemicals distributors for market sharing (H.Fr.H. Breustedt Chemie)
European Commission (Brussels)
The Netherlands: Authority fines Dutch Swimming Pool Chemicals Distributors more than € 3 000 000 On 12 November 2009, the Netherlands Competition Authority (NMa) imposed total fines of € 3,107,000 on five Dutch swimming pool chemicals distributors for infringing both national competition law (...)

The European Court of First Instance reduces the fines imposed by the European Commission against leading Japanese video games manufacturer (Nintendo)
European Commission - DG COMP (Brussels)
"The judgments in the Nintendo case"* I. Introduction This article concerns the Commission Decision against Nintendo and seven of its distributors and, in particular, the judgments handed down on 30 April 2009 by the Court of First Instance (CFI) in the appeals against that Decision by (...)

The Austrian Supreme Court in competition matters confirms € 1.9 million fine imposed on industrial chemicals wholesale cartel (Donau Chemie and Donauchem)
European Court of Justice (Luxembourg)
1. Introduction and background By judgment of 25 March 2009 in Case 16 Ok 4/09, the Austrian Supreme Court in competition matters (Oberster Gerichtshof als Rekursgericht in Kartellrechtssachen) confirmed a judgment of 24 October 2008 (Case 29 Kt 132, 133/07-54) of the Vienna High Court in (...)

The Hungarian Parliament adopts an amendment limiting the liability of leniency applicants and introducing new calculation of amount of damages
Sczecskay Attorneys
This article was prepared for the UIA-AIJA seminar "Antitrust and Unfair Competition Developments Forum", held in Brussels on April 24-25, 2009. (More information: on www.uianet.org and www.aija.org websites). On March 23, 2009, the Hungarian Parliament adopted an amendment to the Competition (...)

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 German Federal Cartel Office imposes € 165 M fines against manufacturers of clay roof tiles for price fixing and applies leniency (Creaton, Pfleiderer Dachziegel, Koramic Dachprodukte, Monier, Erlus Gebr. Laumans)
Mutze Korsch Rechtsanwaltsgesellschaft
Background The building materials sector has been often involved in cartel investigations over the last decades. The German Competition Authority (Federal Cartel Office, "FCO") is currently investigating more than one case where companies within this sector are alleged to have infringed (...)

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 European Commission imposes the highest-ever cartel fine on four car glass manufacturers (Asahi Glass Company, Saint-Gobain, Pilkington, Soliver)
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European Commission - DG COMP (Brussels)
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European Commission - DG COMP (Brussels)
"Commission imposes the highest-ever cartel fine (more than € 1.3 billion) on four car glass manufacturers"* On 12 November 2008 the Commission adopted a decision and imposed fines totalling € 1 383 million on four manufacturers of car glass. The addressees of the decision were the Japanese firm (...)

The Austrian Cartel Court imposes fines of € 1.9 million to a company member of a cartel affecting the supply of industrial chemicals (Donau Chemie Group and Donauchem)
Reidlinger Schatzmann Rechtsanwälte
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Freshfields Bruckhaus Deringer
On 5 November 2008 the Austrian Cartel Court has imposed a fine of € 1.9 million on Donau Chemie AG and Donauchem GmbH, both part of the Donau Chemie Group, for their participation in a cartel affecting the supply of industrial chemicals. Further to that, the Cartel Court rejected the (...)

The European Commission imposes fines against fresh bananas suppliers for operating a cartel in eight EU Member States (Dole / Chiquita / Wiechert / Del Monte)
European Commission - DG COMP (Brussels)
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European Commission - DG COMP (Brussels)
"The banana cartel decision"* On 15 October 2008, the Commission adopted a prohibition decision against Dole, Chiquita, Weichert and Del Monte for operating a cartel for fresh bananas in eight EU Member States. The Commission imposed fines totalling €60.3 million on Dole, Weichert and Del (...)

The Austrian Supreme Court upholds record fine amounting to € 75.4 M (Elevators and escalators suppliers)
DORDA
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DORDA
1. Background On 14 December 2007, the Austrian Cartel Court imposed a record fine amounting to EUR 75.4 million in total against five suppliers of elevators and escalators after proceedings have been initiated by a leniency application before the Austrian Federal Competition Authority (“BWB”) (...)

The European Commission imposes heavy fines in the long-lasting candle wax cartel (ENI, ExxonMobil, Hansen & Rosenthal, Tudapetrol, MOL, Repsol, Sasol, RWE, Total)
European Commission - DG COMP (Brussels)
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European Commission - DG HR
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European Commission - DG COMP (Brussels)
"Bringing light into the dark: Commission fines long-lasting candle wax cartel more than EUR 676 million"* With its fifth cartel decision in 2008 the Commission imposed heavy fines on several producers of paraffin waxes and slack waxes. The decision adopted on 1 October established that these (...)

The Lithuanian Competition Council fines three consulting agencies for collusive tendering in the market for consulting on projects supported by the EU structural funds (Eurointegracijos projektai, EIP Kaunas, EIP Vilnius)
Sorainen (Vilnius)
On 10 July 2008 the Lithuanian Competition Council (LCC) passed a decision on three consulting agencies for collusive tendering in the market for consulting on projects supported by the European Union structural funds. UAB Eurointegracijos projektai, UAB EIP Kaunas, UAB EIP Vilnius (together (...)

The European Commission fines aluminum fluoride producers for operating a cartel in which they agreed on a worldwide target price increase (Boliden Odda, Fluorsid, Minmet Financing Company, Societe des Industries Chimiques du Fluor, Industrial Quimica de Mexico)
European Commission - DG COMP (Brussels)
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European Commission - DG COMP (Brussels)
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European Commission - DG TRADE
"Recent cartel cases - Sodium Chlorate and Aluminium Fluoride"* In June 2008, the Commission adopted two prohibition decisions against infringements of Article 81 of the EC Treaty and Article 53 of the EEA Agreement and imposed fines totalling some €84 million. In both cases, the product (...)

The Italian Antitrust Authority launches an investigation on alleged restrictive practices in the cosmetic sector (Cosmetics and toiletries companies)
Freshfields Bruckhaus Deringer
On 12 June 2008 the Autoritá Garante della Concorrenza e del Mercato (Italian Antitrust Authority, IAA) started an investigation for alleged restrictive practices against the Italian subsidiaries of a number of multinational companies active in the cosmetic sector and, namely: Henkel, Unilever, (...)

The European Commission fines Sodium Chlorate producers in a cartel case (Akzo Nobel, Finnish Chemicals, Elf Aquitaine and Uralita)
European Commission - DG COMP (Brussels)
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European Commission - DG COMP (Brussels)
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European Commission - DG TRADE
"Recent cartel cases - Sodium Chlorate and Aluminium Fluoride"* In June 2008, the Commission adopted two prohibition decisions against infringements of Article 81 of the EC Treaty and Article 53 of the EEA Agreement and imposed fines totalling some €84 million. In both cases, the product (...)

The French NCA applies leniency for the third time and fines six manufacturers for price fixing in the plywood sector ("Plywood cartel")
Hewlett Packard (Boulogne-Billancourt)
Summary of the Decision Further to a leniency application and an investigation involving dawn raids and seizures, the French Competition Council (the "Council") fined six manufacturers active in the exotic plywood sector (Etablissements Mathé, Etablissements Guy Joubert, Etablissement Allin, (...)

The UK Office of Fair Trading, following its biggest investigation to date, names and shames 112 construction companies in a statement of objections formally accusing them of participation in widespread bid rigging (Construction Industry Cartels)
Bond Dickinson
On 17 April 2008, the British Office of Fair Trading (“OFT”) announced in a press release the names of no less than 112 construction companies against which a Statement of Objections (“SO”) has been issued, whereby the OFT alleges their participation in widespread bid rigging. The recipients of the (...)

The Polish Office of Competition and Consumer Protection imposes a fine of over € 13,000,000 on two operators in the do-it-yourself sector for concerted price fixing practices and refuses to grant leniency (Castorama - ICI)
Kochanski Zieba Rapala & Partners
The commented decision, issued on 7 April 2008 (the “Decision”) by the President of the Office for Competition and Consumer Protection (the “OCCP President”), results from the antimonopoly proceedings initiated in December 2006. The Office’s investigation focused on determining whether Castorama, (...)

The Polish Competition Authority fines € 13.3 millions two distributors for vertical agreement on prices (Castorama Polska - ICI Polska)
Hogan Lovells (Warsaw)
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PKN Orlen
Factual background On 7 April 2008, the President of the Office for Competition and Consumer Protection («OCCP») found Castorama Polska Sp. z o.o. («Castorama») and ICI Polska Sp. z o.o. («ICI») guilty of a concerted practice regarding the price fixing of paints and varnishes. The joint amount of (...)

The Belgian Competition Council fines participants of a hardcore cartel in the chemical industry a record total fine of € 500,000 and grants leniency (Bayer, Solutia Europe, Ferro Europe, Polynt)
Sheppard Mullin (Brussels)
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Bird & Bird (Brussels)
Background The product concerned was BBP (butyl benzyl phthalate), a chemical which is mostly used in the production of PVC products. The cartel culminated in scheduled meetings where the participants, the three main producers of BBP in Belgium and a distributor colluded by price fixing, (...)

A UK Court grants a plaintif judicial review against the NCA’s “sensational publicity” and “public relations” policy regarding the disclosure of investigations’ results (Lactalis Mclelland - "Dairy price fixers’ case")
WTG Events
I The facts Eights companies admitted having taken part in a collusion concerning the price of dairy products in the United Kingdom, according to the Office of Fair Trading (OFT). This alleged cartel is known to concern the markets of milk, butter and cheese and has formerly be formalised by (...)

The European Commission imposes fines against manufacturers in the synthetic rubber cartel cases (Bayer, Zeon)
European Commission - DG COMP (Brussels)
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European Commission - DG TRADE
"The synthetic rubber cartel cases"* I. The Nitrile Butadiene Rubber Case On 23 January, the Commission adopted a prohibition decision and imposed fines totalling €34 million on the Bayer and Zeon groups for operating a cartel in the Nitrile Butadiene Rubber (‘NBR’) sector. The addressees of the (...)

The Slovak Competition Authority fines gas insulated switchgear cartel and applies leniency rules for the first time (ABB Group, Schneider Electric)
Van Bael & Bellis (Brussels)
On 21 January 2008, the Slovak Antimonopoly Office imposed a fine of SKK 350 million (approximately € 10 million) on sixteen companies from Austria, Germany, the Switzerland, France, Italy, the United Kingdom and Japan for participating in a cartel for gas insulated switchgear (GIS). The product (...)

The Polish Competition Authority condemns a resale price maintenance agreement but applies leniency (Tikkurila Polska)
French National Research Agency (ANR)
On December 31, 2007 the President of the Office for Competition and Consumer Protection (hereafter: the OCCP President) issued the second decision applying leniency provisions. The first ever leniency concerned a vertical agreement between Polifarb Cieszyn-Wroclaw, a producer of paints and (...)

The Hungarian Competition Office grants immunity in proceedings concerning exclusive supply agreement in the context of a public procurement tender (Olympus)
Ernst & Young
According to its press release of 21 December 2007 in its decision concerning an exclusive supply agreement between two undertakings, the Competition Office imposed a fine of HUF 77 million (ca. € 308 000) on Kortex Mérnöki Iroda Kft., a Hungarian engineering company, while it granted immunity (...)

The French NCA applies for the second time leniency and highlights discrepancy with EC competition law on concerted practices’ burden of proof ("Removals cartel")
Kramer Levin Naftalis & Frankel (Paris)
,
Eversheds Sutherland (Paris)
,
Orrick, Herrington & Sutcliffe (Paris)
Summary of the decision Following an investigation with dawn raids and seizures initiated further to a leniency application, the French Competition Council has sanctioned a horizontal cartel between twelve companies in the sector of national and international removals to and from France, (...)

The Hungarian Competition Authority invokes cartel rules and leniency policy with regard to an exclusive distribution agreement in the healthcare sector (Kortex / Olympus)
Van Bael & Bellis
On 18 December 2007, the Hungarian Competition Authority (“GVH”) fined Kortex Mérnöki Iroda Kft. (“Kortex”), a company specialised in the construction of hospitals and the distribution of medical equipment, HUF 77m (approximately € 300,000) for concluding an anti-competitive agreement with Olympus (...)

The UK Court of Appeal upholds the High Court’s finding that following an infringement decision by the European Commission, the appropriate claim is for compensatory and not restitutionary damages (Devenish Nutrition / Sanofi-Aventis)
European Commission - DG COMP (Brussels)
The Court of Appeal of England and Wales has ruled that restitutionary damages are not generally available in antitrust cases and that, in most cases, compensatory damages provide adequate remedies. Background In 2001, the European Commission adopted a decision finding that a number of (...)

The Austrian Federal Competition Authority applies for record fines amounting to EUR 88 M. against five companies in the elevator and escalator industry and applies leniency
DORDA
,
DORDA
Background On 5 October, 2007, the Austrian Federal Competition Authority ("BWB") announced that it had applied before the Austrian Cartel Court for fines amounting to EUR 88 million against five companies active in the elevator and escalator industry. After in-depth investigations by the BWB (...)

The Italian Competition Authority grants a cartelist total immunity for the first time under the new Leniency Notice (Produttori di pannelli truciolari in legno)
Desogus Law Office (Cagliari)
Italian Competition Authority (Autorità garante della Concorrenza e del Mercato), 17 May 2007, Case I649 - Produttori di pannelli truciolari in legno, Provvedimento n° 16835 ; Bollettino n° 20, 5 June 2007 On 17 May 2007 the Italian Competition Authority (ICA) fined eight firms for carrying out a (...)

The Italian Competition Authority grants leniency for the first time, fining 8 companies for a total of € 31 M and granting total immunity to the first leniency applicant (Produttori di pannelli truciolari in legno)
Studio Legale DDPV
,
Orrick, Herrington & Sutcliffe (Milano)
On 17 May 2007 the Italian National Competition Authority (the «Authority») closed an in-depth investigation concerning an alleged cartel implemented by several Italian chipboard panels’ producers. The relevant product market has been defined as including raw and faced chipboard panels. Being raw (...)

The European Commission fines cartel in the elevators and escalators sector (Otis, KONE, Schindler and ThyssenKrupp)
European Wind Energy Association (EWEA)
,
Gibson Dunn (Brussels)
,
European Commission - DG EMPL
"Cartel fined in the elevators and escalators sector"* On 21 February 2007 the Commission adopted a prohibition decision and imposed fines totalling €992 million on the Otis, KONE, Schindler and ThyssenKrupp groups for operating cartels for the sale, installation, maintenance and modernisation (...)

The Czech NCA inflicts a record fines of 35 M € in the gas insulated switchgears market in spite of leniency ("GIS cartel")
European Court of Justice (Luxembourg)
The decision has not yet been reported. Czech Press Release / English Press release On 9 February 2007, the Czech Office for the Protection of Competition (the «Office») rendered a decision in the gas insulated switchgears («GIS») cartel case, imposing fines of a total amount of CZK 979 million (€ (...)

The European Commission fines a cartel in the gas insulated switchgear sector
European Commission - DG COMP (Brussels)
,
European Commission - DG COMP (Brussels)
,
European Commission - DG COMP (Brussels)
"Cartel fined in the gas insulated switchgear sector"* On 24 January the Commission adopted a prohibition Decision against members of the Gas Insulated Switchgear cartel with fines totalling some €750 million. The cartel from 1989 until the Commission’s inspections in May 2004, and was nearly (...)

The European Commission adopts revised leniency notice to reward companies that report hard-core cartels
European Commission - DG COMP (Brussels)
,
European Commission - DG COMP (Brussels)
"Commission adopts revised Leniency Notice to reward companies that report hard-core cartels"* On 6 December 2006 the Commission adopted a revised Notice on Immunity from Fines and Reduction of Fines in Cartel Cases (the “2006 Leniency Notice”). The 2006 Leniency Notice builds on the (...)

The European Commission fines producers and traders of synthetic rubber € 519 M for price fixing and market sharing cartel (Butadiene Rubber, Emulsion Styrene Butadiene Rubber)
European Commission - DG COMP (Brussels)
,
EU Delegation to the Republic of South Africa
"Commission fines producers and traders of synthetic rubber € 519 million for price fixing and market sharing cartel"* On 29 November 2006 the Commission adopted a Decision and imposed fines totalling € 519 050 000 on five groups of companies for participating in a cartel involving price fixing (...)

The European Competition Network publishes results of its work on the model leniency programme setting out the basis for soft harmonisation of all European leniency programmes
European Commission - DG COMP (Brussels)
,
European Commission - DG COMP (Brussels)
"ECN Model Leniency Programme - a first step towards a harmonised leniency policy in the EU"* I. Introduction The co-existence of several leniency programmes within the EU and the practical implications of the ECN work-sharing mechanisms for the handling of leniency cases has been debated (...)

The European Commission fines copper fittings producers € 314.7 M for price fixing cartel (Frabo, Mueller)
European Commission - DG COMP (Brussels)
,
European Commission - DG COMP (Brussels)
"Commission fines copper fittings producers € 314.7 million for price fixing cartel"* On 20 September 2006, the European Commission fined 30 copper fittings producers a total of € 314.7 million for participating in a cartel. The 11 groups to which these 30 companies belong are Aalberts, IMI, (...)

The Polish Competition Authority imposes record-breaking fines for resale price maintenance agreement on paints market (Polifarb Cieszyn-Wroclaw)
Hogan Lovells (Warsaw)
The Office for Competition and Consumer Protection (“OCCP”) has imposed record fines of PLN 110 million (€ 28,300,000 ) on Polifarb Cieszyn-Wroclaw (“Polifarb”) and seven chains of DIY supermarkets for breaching competition law. The OCCP found that these parties had jointly fixed resale prices. In (...)

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

The European Commission fines four undertakings a total of € 344.5 M for participating in an acrylic glass cartel (Arkema, ICI, Lucite, Quinn Barlo)
Hogan Lovells (London)
,
European Commission - DG COMP (Brussels)
"Commission fines four undertakings a total of € 344.5 million forparticipating in an acrylic glass cartel"* On 31st May 2006 the European Commission imposed fines on Arkema (formerly Atofina), ICI,Lucite and Quinn Barlo (formerly Barlo) for their participation in a hard core cartel. These four (...)

The European Commission fines seven undertakings a total of € 388 M for participating in a cartel for hydrogen peroxide and perborate (Akzo Nobel / EKA Chemicals, Edison / Solvay Solexis, FMC Foret, Kemira, Snia, Solvay and Total / Arkema)
European Commission - DG COMP (Brussels)
,
European Commission - DG COMP (Brussels)
"Commission fines seven undertakings a total of € 388 million for participating in a cartel for hydrogen peroxide and perborate"* On 3 May 2006 the Commission adopted a decision and imposed fines totalling € 388.128 million on seven producers of hydrogen peroxide (“HP”) and sodium perborate (...)

The Hungarian Competition Office, following parallel investigation with the EC Commission, fines € 2, 7 M an international cartel on the gas-insulated switchgears market (Alstom Holding, VA Tech T&D, Siemens and Areva)
Gide Loyrette Nouel
Background / Facts of the case On April 15, 1988, nine European and five Japanese undertakings had signed an agreement whose purpose was to divide the worldwide market for high voltage gas-insulated switchgears (GIS) over 72 kV) (GIS-agreement). Between 1988 and 2004, the companies rigged bids (...)

The European Commission fines 3 undertakings a total of € 76 M for participating in rubber chemicals cartel (Chemtura, Bayer and General Quimica)
European Commission - DG COMP (Brussels)
"Commission fines 3 undertakings a total of € 76 million for participating in rubber chemicals cartel"* In the fifth decision against hard core cartels adopted in 2005, the Commission imposed fines totalling EUR 76 million on a number of rubber chemicals producers, including Chemtura (USA), (...)

The Hungarian Competition Authority reduces a fine imposed to an undertaking in the framework of a leniency programme (Kemira, Tessenderlo)
Université Catholique de Louvain
The Competition Council of the Hungarian Competition Authority recently established that a number of undertakings which make up the Finnish group Kemira and the Belgian group Tessanderlo took part in an egregious violation of the Hungarian competition rules which took the form of a (...)

A Swedish Court applies the Commission’s notice on immunity from fines and reduction of fines in cartel cases before the Swedish Competition Authority’s corresponding notice (Keyvent / Building Systems)
Vinge (Stockholm)
,
Svea hovrätt (Swedish courts)
Background On 30 august 2001, the Swedish Competition Authority (the “SCA”) was contacted by ABB concerning an investigation that ABB, along with its subsidiary, YIT Building Systems AB (“Building Systems”) had conducted. The investigation raised concerns regarding Building Systems’ connections (...)

The European Commission fines members of the monochloroacetic acid cartel (Akzo, Atofina, Hoechst, Clariant)
European Commission - DG COMP (Brussels)
"Commission fines members of the monochloroacetic acid cartel"* In a decision adopted on 19 January 2005 the Commission found that four groups of undertakings had participated in a cartel in the market for monochloroacetic acid. The cartel ran for 15 years from 1984 until 1999 and covered the (...)

The European Commission adopts cartel decision imposing fines on copper plumbing tube producers (Boliden, Outokumpu, Wieland, Halcor and HME Nederland)
European Commission - DG COMP (Brussels)
"Commission adopts cartel decision imposing fines on copper plumbing tube producers"* In September 2004, the Commission imposed fines totalling EUR 222.3 million on the major European copper plumbing tube producers for operating a 13-year cartel in the copper plumbing tubes market. These (...)

The European Commission fines a cartel in the industrial copper tube producers
European Commission - DG COMP (Brussels)
"Commission adopts a cartel decision imposing fines on industrial copper tube producers"* In the fifth decision against had core cartels adopted in 2003, the Commission imposed fines totalling EUR 79 million on the major European copper tubes producers, including Outokumpu, KME-group and (...)

The European Commission fines members of the organic peroxides cartel (Atofina / Peroxid Chemie / Laporte / Perorsa / AC-Treuhand)
European Commission - DG COMP (Brussels)
"Commission fines members of the organic peroxides cartel"* In a decision adopted on 10 December 2003, the European Commission has imposed fines totalling nearly 70 million on Atofina, Peroxid Chemie, Laporte (now known as Degussa UK Holdings), Perorsa and AC Treuhand AG for operating acartel (...)

The European Commission fines a cartel in the sorbates industry
European Commission - DG COMP (Brussels)
"Commission adopts cartel decision imposing fines in sorbates cartel"* In a decision adopted on 1 October 2003, the European Commission found that Hoechst AG, Chisso Corporation, Daicel Chemical Industries Ltd, Nippon Synthetic Chemical Industry Co Ltd and Ueno Fine Chemicals Industry Ltd (...)

The European Commission adopts cartel decision imposing fines in food flavour enhancers (nucleotide) cartel (Ajinomoto Company, Cheil Jedang and Daesang)
European Commission - DG COMP (Brussels)
"Commission adopts cartel decision imposing fines in food flavour enhancers (nucleotide) cartel"* The European Commission fined on 17 December 2002 Ajinomoto Company Inc.(Japan), Cheil Jedang Corporation (South Korea) and Daesang Corporation (South Korea) respectively € 15.54 million, € 2.74 (...)

The European Commission fines participants in concrete reinforcing bars cartel
European Commission - DG COMP (Brussels)
"Commission fines participants in concrete reinforcing bars cartel"* On 17 December 2002 the Commission imposed fines totalling more than € 85 million on eight Italian firms for having organised, between 1989 and 2000, a cartel on the market in concrete reinforcing bars, a product used in the (...)

The European Commission fines game consoles manufacturer and seven of its European distributors for colluding to prevent parallel trade (Nintendo)
European Commission - DG COMP (Brussels)
,
European Commission - DG MARE
"Commission fines Nintendo and seven of its European distributors for colluding to prevent parallel trade in Nintendo products"* 1. Introduction The Commission Decision commented here concerns the distribution of Nintendo manufactured game consoles (the NES and SNES static consoles, that were (...)

The European Commission fines participants in the Dutch industrial gases cartel (AGA, Air Liquide, Air Products Nederland, BOC Group, Messer Nederland, NV Hoek Loos and Westfalen Gassen Nederland)
European Commission - DG DIGIT
"Commission fines participants in the industrial gases cartel"* On 24 July 2002, the Commission fined AGA AB, Air Liquide BV, Air Products Nederland BV, BOC Group plc, Messer Nederland BV, NV Hoek Loos and Westfalen Gassen Nederland NV a total of € 25.72 for participating in a secret cartel in (...)

The European Commission adopts cartel decision imposing fines in methionine (animal feed) cartel (Degussa and Nippon Soda Company)
European Commission - DG COMP (Brussels)
"Commission adopts cartel decision imposing fines in methionine (animal feed) cartel"* On 2 July 2002, the Commission fined Degussa AG and Nippon Soda Company Ltd respectively € 118 million and € 9 million for participating in a price-fixing cartel in methionine together with Aventis SA. Aventis (...)

The German Competition Authority serves written charges on seven companies and high-ranking persons in the paper wholesale sector on suspicion of their involvement in illegal price agreements
German Competition Authority (Bonn)
Leniency Programme helps for the first time to counter price cartels in paper wholesale sector* The Bundeskartellamt has served written charges on seven companies and high-ranking persons in the paper wholesale sector on suspicion of their involvement in illegal price agreements. Those (...)

The European Commission fines eight Austrian banks for participating in a cartel (’Lombard Club’ cartel)
European Commission - DG COMP (Brussels)
"Commission fines eight Austrian banks for participating in the ‘Lombard Club’ cartel"* Introduction On 11 June 2002 the Commission concluded its first full-blown cartel inquiry into the banking sector by imposing fines totalling € 124,26 million on eight Austrian banks for their participation (...)

A US Court of Appeals holds that US courts have authority under the FTAIA to award damages for price-fixing in an action brought by foreign buyers and sellers (Kruman)
Hughes Hubbard & Reed (Washington)
The twenty years since the enactment of the Federal Trade Antitrust Improvements Act (the FTAIA) in 1982 have seen steady progress in the cooperation of antitrust authorities worldwide. Prior to the FTAIA’s passage, the US’s extraterritorial application of its antitrust laws created international (...)

The European Commission adopts a new Leniency Notice
Jones Day (Brussels)
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Jones Day (Brussels)
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Macchi di Cellere Gangemi (London)
The detection and punishment of illegal cartels are at the top of the European Commission’s enforcement agenda. In 2001, the Commission meted out record fines in cartel cases totaling $ 1.6 billion, eclipsing the U.S. single-year record of $ 1.1 billion. Historically, the Commission’s fabled « (...)

The European Commission fines companies a total of € 313.69 M for implementing concerted price increases on the carbonless paper market (Carbonless paper)
European Commission - DG COMP (Brussels)
,
Delegation of the European Union to Turkey
"Commission adopts eight new decisions imposing fines on hard-core cartels 8. The carbonless paper cartel"* Following-up on two Decisions adopted earlier in the year 2001 (Decisions SAS-Maersk andGraphite electrodes, both adopted on 18 July 2001: see Competition Newsletter 2001, Issue n°3), the (...)

The European Commission fines five German banks for fixing the charges for the exchange of euro-zone currencies (Commerzbank, Dresdner Bank, BayerischeHypo und Vereinsbank, Vereins und Westbank, Deutsche Verkehrsbank)
European Commission - DG COMP (Brussels)
"Commission adopts eight new decisions imposing fines on hard-core cartels 6. Commission fines five German banks for fixing the charges for the exchange of euro-zone currencies"* Following-up on two Decisions adopted earlier in the year 2001 (Decisions SAS-Maersk and Graphite electrodes, both (...)

The European Commission imposes fine of over € 91 M on companies for participating in cartels on the Belgian beer market (Interbrew, Danone, Alken-Maes, Haacht and Martens)
NautaDutilh
"Commission adopts eight new decisions imposing fines on hard-core cartels 4. Market-sharing and price-fixing cartels on the Belgian beer market"* Following-up on two Decisions adopted earlier in the year 2001 (Decisions SAS-Maersk and Graphite electrodes, both adopted on 18 July 2001: see (...)

The European Commission imposes a fine of € 135.22 M on chemical companies for fixing the price and sharing the market for citric acid (Citric acid cartel)
European Commission - DG GROW
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Service européen pour l’action extérieure (EEAS)
"Commission adopts eight new decisions imposing fines on hard-core cartels 3. The citric acid cartel"* Following-up on two Decisions adopted earlier in the year 2001 (DecisionsSAS-MaerskandGraphite electrodes, both adopted on 18 July 2001: see Competition Newsletter 2001, Issue n°3), the (...)

The European Commission fines pharmaceutical companies for participating in eight distinct secret market sharing and price-fixing cartels affecting vitamin products (Vitamins cartel)
Service européen pour l’action extérieure (EEAS)
"Commission adopts eight new decisions imposing fines on hard-core cartels 2. The vitamin cartels"* Following-up on two Decisions adopted earlier in the year 2001 (DecisionsSAS-MaerskandGraphite electrodes, both adopted on 18 July 2001: see Competition Newsletter 2001, Issue n°3), the (...)

The European Commission fines nordic airlines companies for market-sharing (Scandinavian Airlines System (SAS) and Maersk Air)
European Commission - DG COMP (Brussels)
"Commission fines Scandinavian Airlines System (SAS) and Maersk Air for market-sharing"* On 18 July 2001, the Commission decided to fine Scandinavian airlines SAS and Maersk Air € 39 375 000 and € 13 125 000 respectively for sharing markets on the routes to and from Denmark. SAS is a consortium (...)

The European Commission fines eight companies in the graphite electrode cartel
European Commission - DG COMP (Brussels)
"Commission fines eight companies in graphite electrode cartel"* On 18 July 2001 the Commission fined Germany’s SGL Carbon AG, UCAR International of the United States and six other companies a total of € 218.8 million for fixing the prices and sharing the market for graphite electrodes. This (...)

Dominance

The UK OFT reaches early resolution agreement in abuse of dominance investigation in the pharmaceutical sector (Reckitt Benckiser, Gaviscon)
UK Competition Appeal Tribunal (London)
On 15 October 2010, the UK Office of Fair Trading (OFT) announced that it had reached an early resolution agreement with Reckitt Benckiser whereby the OFT agreed to reduce the fine it would impose on Reckitt Benckiser in return for the company’s admission of infringement of the Chapter II (...)

The Spanish Competition Authority grants full immunity from fines to the first cartel member who provided information and a reduction of 40% to another who provided significant evidence that helped to establish the infringement (Transitarios)
Kim & Chang
One of the major changes introduced by the new Spanish Competition Act (Law 15/2007, 3rd July, on Defense of Competition) which entered into force on September 1st 2007, was the introduction of a leniency program. The leniency program entered into force on 28th February 2008 after the adoption (...)

The Italian Competition Authority closes its first leniency application case finding a price fixing cartel among the three main operators in the market for liquefied petroleum gas (Prezzo per il GPL)
Ashurst
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Pirelli
,
Background On March 24, 2010, the Italian Competition Authority (ICA) issued its first cartel decision based on a leniency application, approximately 3 years after the ICA officially adopted its Leniency Program. The case concerns a ten-year cartel between the three main Italian suppliers of (...)

The Lithuanian Competition Council for the third time finds the State controlled airport guilty of abuse of a dominant position in operating airport facilities (Vilnius Airport / Baltic ground services)
Sorainen (Vilnius)
On 5 November 2009 the Lithuanian Competition Council (LCC) delivered its third infringement decision, in a two-year period, against the Vilnius international airport operator, State Enterprise Tarptautinis Vilniaus oro uostas for (TVOU), for the anti-competitive practice of tying the service (...)

Mergers

Procedures

Les politiques de clémence en Europe
University Paris II Panthéon‑Assas
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University Panthéon-Sorbonne (Paris)
,
European Commission - DG COMP (Brussels)
NB 1: Leniency programs are now a well established and efficient policies through Europe, both at the EU level and at the national levels. In this sery of 5 articles, EU and national policy officers, academics and practionners give various points of view on the use of lenieny programs in the EU (...)

The Belgian Competition Authority adopts new leniency guidelines opening door to individual applicants
Hogan Lovells (Brussels)
,
Hogan Lovells (Brussels)
New Belgian Leniency Guidelines Open Door to Individual Applicants* On 1 March 2016, the Belgian Competition Authority (“BCA”) adopted its new Leniency Guidelines (“the 2016 Leniency Guidelines”). The 2016 Leniency Guidelines replace the 2007 Notice of the Competition Council on Immunity from (...)

The Belgian Competition Authority adopts new leniency guidelines
Van Bael & Bellis (Brussels)
On 1 March 2016, the board of the Belgian Competition Authority (“BCA”) adopted new guidelines concerning the leniency regime under Belgian competition law. These new leniency guidelines re ect a number of developments that have taken place since the adoption of the 2007 guidelines. The BCA had (...)

The Albanian Competition Commission approves a New Leniency Program
Albanian Competition Authority
The Commission of the Competition Authority during its meeting, date 17.11.2015 approved “The Leniency Program and Application Form for leniency”. This program is supported by Law no. 9121, Article 77, and date 28.07.2003 on “Competition Protection” (as amended). The program enables the Authority (...)

The General Court of the European Union authorizes the Commission to communicate information submitted in support of its leniency program, through the publication of a new and more detailed version of its penalty decision in the hydrogen peroxide cartel (Akzo Nobel, Eka Chemicals)
Norton Rose Fulbright (Paris)
,
Norton Rose Fulbright (Paris)
On January 28, 2015, the General Court of the European Union (General Court) authorized the European Commission (Commission) to publish a new and more detailed version of a penalty decision, including information submitted pursuant to its leniency program. This solution should cause (...)

The Hungarian Parliament adopts amendments of the Competition Act introducing new rules on merger procedures and access to file
Hungarian Competition Authority (Budapest)
Changes to the Hungarian competition rules – proceedings become more predictable* The amendments made to Act LVII of 1996 on the Prohibition of Unfair and Restrictive Market Practices Act (the Hungarian Competition – Tpvt.) which will enter into force on the 1st of July will constitute several (...)

The President of Poland approves amendments to the Polish Competition Act introducing the possibility to impose fines on the managers of companies involved in anticompetitive agreements
Wiercinski Kwiecinski Baehr (Poznan)
Polish revolution – far reaching changes to Polish competition law. Part 1 – fines for individuals* On 10 June 2014, the Polish Parliament adopted a significant set of amendments to the Polish Competition Law Act (the “Act”). Having received Presidential approval on 30 June 2014, the amended Act (...)

The EU Court of Justice upholds the Commission’s first withdrawal of immunity for cartel whistleblower but finds the General Court failed to timely adjudicate (Deltafina / FLS Plast)
Jones Day (Brussels)
The European Court of Justice has upheld a €30 million fine against cartel whistleblower Deltafina, which was imposed following the withdrawal of Deltafina’s conditional immunity as a result of the breach of its duty to cooperate under the European Commission’s leniency program. This ruling (...)

The Polish Lower Chamber of the Parliament agrees on final amendments brought to the national competition act which inter alia will introduce a tougher enforcement regime
Hogan Lovells (Warsaw)
New enforcement tools and new two-stage merger review – Poland approves far reaching amendments to competition law* On 10 June 2014 the President signed new act introducing changes to Poland’s competition law regime. The new regime, which will be implemented by amendments to the Polish Act on (...)

The Finnish Competition Authority and the Ministry of Employment and the Economy examine a report on the desirability of introducing criminal sanctions for cartel activities
Finnish Competition and Consumer Authority (FCCA)
Report on the Criminalisation of Cartels was Presented to Stakeholders* Yesterday, the Ministry of Employment and the Economy (MEE) and the Finnish Competition and Consumer Authority (FCCA) organised at the House of the Estates an expert seminar presenting the report on extending personal (...)

The ICN approves at its annual conference the recommended practices on predatory pricing analysis, recommended practices on competition assessment, a common leniency waiver template, the updates of the anti-cartel enforcement manual and the agency practice manual and several interactive training modules
German Competition Authority (Bonn)
Annual Conference of the International Competition Network in Morocco* The 13th Annual Conference of the International Competition Network (ICN) successfully concluded last Friday, April 25. Approximately 520 participants from 90 jurisdictions, including other representatives and stakeholders (...)

The EU Court of Justice dismisses the use of the Transparency Regulation to gain access to cartel-related documents held by the European Commission (EnBW Energie Baden-Württemberg)
Clifford Chance (Madrid)
Background information The judgment in Commission v EnBW issued by the Court of Justice ("CJEU") on 27th February 2014 may constitute a landmark case in the context of access to cartel-related documents -in particular, leniency materials- held by the European Commission ("EC") which could be (...)

The EU Court of Justice conditionates the access upon proof of the utter dependence on disclosure of the documents contained by the file (EnBW)
Mircea & Partners (Bucharest)
Access to information as a procedural right of a cartel victim as recognized by EU law* The judgement in Commission v EnBW (C-365/12, 27 February 2014) has already awakened a lot of interest. The facts are very simple. EnBW, an energy-distribution company requires access to the cartel file (...)

The EU Court of Justice upholds the Commission’s refusal to give damages claimants access to its cartel case files (EnBW)
Sullivan & Cromwell (London)
,
Sullivan & Cromwell (London)
The EU Transparency Regulation has been afflicted by the law of unintended consequences. It aims to provide a legal framework for the granting of public access to the EU institutions’ documents so that EU decisions “are taken as openly as possible and as closely as possible to the citizen” . (...)

The EU Court of Justice gives a clear indication that sufficiently substantiated requests for access to documents from cartel victims are a matter of public interest (EnBW)
CDC Cartel Damage Claims (Brussels)
On 9 November 2007, Energie Baden-Württemberg AG (“EnBW”) sought from the European Commission (“Commission”), on the basis of Regulation No 1049/2001 (the “Regulation”), access to all documents in the file relating to the proceeding that led to the adoption of the Gas insulated switchgear decision (...)

The EU Parliament presents a report comprising amendments to the Commission’s legislative proposal concerning the regime of actions for damages prompted by infringements of competition law
Mircea & Partners (Bucharest)
Introduction In the beginning of the process of decentralization of the enforcement of competition law in the EU the necessity to encourage the development of private enforcement appeared to be more of a theoretical proposition than a tangible reality. Ten years after the adoption of the (...)

The Higher Regional Court of Hamm approves access to a criminal file containing a leniency application and the confidential version of a Commission’s fining decision to a civil court reviewing a damage claim against members of a cartel
Commeo
In its decision of 26 November 2013 , the Higher Regional Court of Hamm (“the Court”) had to decide whether a criminal investigation file including a leniency application submitted by a cartelist and parts of the confidential version of the European Commission’s fining decision could be disclosed (...)

A French Court orders immediate stay of proceedings in a follow-on action based on the animal feed phosphates cartel (FRSEA Bretagne)
Kramer Levin Naftalis & Frankel (Paris)
Introduction On 20 July 2010, the European Commission (“the Commission”) adopted a decision regarding the application of Article 101 of the Treaty on the functioning of the European Union (“TFEU”) in relation to anticompetitive practices perpetrated on the European market for animal feed (...)

ECJ Advocate General Cruz Villalón deals in his opinion with the exceptions to the right of access to public documents implying that it cannot be excluded that the commercial interests of the leniency applicants may be damaged by disclosure (EnBW)
European Procurement Law Group
AG Cruz Villalon on access to leniency applications: A stringent test. Really? (C-365/12)* In his Opinion of 3 October 2013 in case C-365/12 EnBW Energie, Advocate General Cruz Villalon has proposed a holistic interpretation of the regulatory schemes relating to access to documents of the (...)

EU Court of Justice Advocate General Cruz Villalón upholds Commission’s pleas about the judgement of the General Court on access to cartel documents under EU transparency regulation (EnBW)
Clifford Chance (Madrid)
Relevance of the Opinion The Opinion touches upon the disclosure through the Regulation 1049/2001 ("Transparency Regulation") of cartel-related-documents held by the Commission. First, it addresses how the Commission should handle these requests, in particular, it tackles the harmonious (...)

The Hungarian Competition Authority issues new leniency explanatory notes and application form (Engedékenységi Szabályok)
Hungarian Competition Authority (Budapest)
New rules for leniency applicants* The GVH has published on its website the modified version of the Explanatory Notes and the Application Form for Leniency, which were both issued by the President of the Hungarian Competition Authority (hereinafter referred: Gazdasági Versenyhivatal - GVH). (...)

The Hungarian Competition Authority publishes a revised version of its leniency explanatory notes and application form for leniency
European Commission (Brussels)
Hungary: New Rules for Leniency Applicants* On 11 July 2013, the GVH (Gazdasági Versenyhivatal - the Hungarian Competition Authority) published a revised version of its leniency explanatory notes and application form for leniency. Both documents, which were adopted by the President of the (...)

The German Competition Authority publishes its reviewed guidelines for the setting of fines deviating from the methodology used by the European Commission
Heinz & Zagrosek (Köln)
The FCO’s new fining guidelines – not much guidance after all* The FCO published new fining guidelines on June 25, 2013, which have been applied for several months now. However, the guidelines as well as the recent practice do not provide a lot of guidance. The previous fining guidelines (...)

The Maltese Office for Competition publishes draft leniency regulations for public consultation
European Commission (Brussels)
Malta: Draft Leniency Regulations published for Public Consultation* The Office for Competition (the Office), which is part of the Malta Competition and Consumer Affairs Authority, published on 14 June 2013 draft leniency regulations for public consultation. The public consultation will be (...)

The European Commission proposes a legislative framework for the private enforcement of the competition rules in the EU
Mircea & Partners (Bucharest)
The saga of the private enforcement of the competition rules in the European Union started long time ago, since the European Court of Justice made the victims of the infringement of the competition rules aware of the right to ask for compensation for the damages incurred, based directly on the (...)

The EU Court of Justice rules that the principle of effectiveness precludes a provision of national law under which the access to leniency documents is obstructed with no place left for a proportionality test (Donau Chemie)
Mircea & Partners (Bucharest)
I. Introduction The main pursuit of this article is to analyse the judgment of CJEU by comparing it to the conclusions provided by AG Jääskinen on the 7 February 2013. The facts have been described previously in my article from e-Competitions N°51003. The Austrian Consent Rule as enshrined by (...)

The Canadian Competition Bureau launches the "Whistleblowing Initiative" in order to encourage the general public and the business community to report suspected violations of the Competition Act
Steve Szentesi Law Corporation
New Competition Act Whistleblowers Page* Given the recently increased focus on criminal competition law matters (e.g., cartels) and whistleblowing, the latter in the competition law world and corporate crime area generally, I thought I would launch a new whistleblowing page on the blog. A (...)

The Polish Competition Authority publishes its annual report for 2012
Queen’s University Belfast
,
Constitutional Court of Poland
In May 2013 the President of the Office of Competition and Consumer Protection (UOKiK), the Polish Competition Authority, published its Annual Report for 2012. This piece provides an overview of the reported activities within the competition law & policy domain, and comments on some of (...)

The EU Commission revises guidance on conduct of dawn raids
Van Bael & Bellis (Brussels)
On 18 March 2013, the Commission published revised guidance on the conduct of on-the-spot inspections at the business premises of companies suspected of having engaged in anti- competitive behaviour. The main aim of the revision is to reflect rapid technological changes in the last few (...)

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

Advocate General Jääskinen of the ECJ puts forward that an absolute level of protection should be afforded by legislative means to the leniency applicants (Donau Chemie)
European Procurement Law Group
Why is #competition law so special? Or how #leniency will kill private #damages actions (AG C-536/11)* In his Opinion of 7 February 2013 in case C-536/11 Donau Chemie and Others, Advocate General Jääskinen has developed a line of reasoning that goes well beyond the issue at hand (whether access (...)

The Slovak Antimonopoly Office initiates public discussion on the amendment of the competition act
Agency for the Cooperation of Energy Regulators (ACER) (Slovenia)
,
University of Oxford
,
Factual background As a follow-up to the release by the Slovak Anti-Monopoly Office (the “AMO”) of information on the planned amendment of the Slovak Competition Act (the “Act”), the AMO recently initiated public discussion on the amendment. The declared purpose of the amendment is to better link (...)

EU Court of Justice Advocate General Jääskinen concludes that the Austrian consent rule impedes access to justice by damages claimants and it is precluded by Union law (Donau Chemie)
Mircea & Partners (Bucharest)
I. Introduction The main pursuit of this article is to use the opportunity given by the present case in order to revisit the apparent dichotomy existent between private and public enforcement of competition law. My claim is that the two avenues must be seen as complementary rather than (...)

The European Competition Network publishes a new version of its model leniency programme
Morgan Lewis (London)
,
Squire Patton Boggs (London)
,
Jones Day (London)
The European Competition Network ("ECN") has published a new version of its Model Leniency Programme ("MLP"). The MLP makes it easier for companies that have uncovered evidence of participation by their employees in a cartel to "blow the whistle" in return for immunity from, or a reduction in, (...)

The Italian Competition Authority requests modifications in legislation in field of leniency policy and merger review
European Commission (Brussels)
The Italian Competition Authority requests modifications in legislation in field of leniency policy and merger review* In the report issued at the beginning of October 2012 (see this ECN Brief), the Italian Competition Authority (ICA) stated that efforts to promote competition need to be (...)

The EU General Court confirms that leniency documents produced under the Commission’s leniency program are not exempt from disclosure in civil actions (Energie Baden-Württemberg)
Morgan Lewis (London)
,
Squire Patton Boggs (London)
A recent ruling from the EU General Court ("General Court") in EnBW Energie Baden-Württemberg AG v Commission confirms that leniency documents produced under the European Commission’s ("Commission") leniency program are not exempt from disclosure in civil actions in the EU. Earlier this year, the (...)

The Brazilian President approves the new competition law introducing substantive reforms to the national antitrust enforcement
Mundie e Advogados (Brasilia)
IN LINE WITH THE INTERNATIONAL COMPETITION BEST PRACTICES? The New Competition Law in Brazil* Starting on May 29, 2012, the most substantive reform of Brazil’s antitrust enforcement since the current framework was established in 1994 will enter into force. But is Law No. 12,529/11 (“the New (...)

The Paris Commercial Court orders the French Competition Authority to disclose antitrust investigation documents (Ma Liste de Courses / HighCo / Sogec)
Jones Day (Brussels)
,
McDermott Will & Emery (Paris)
On 24 August 2011, the Commercial Court in Paris ordered the French competition authority, the Autorité de la concurrence (Autorité), to disclose documents relating to the settlement of an antitrust investigation in the context of a private damages action. This order could significantly (...)

The English High Court grants disclosure of documents obtained by access to the Commission’s file in a follow-on damages action in the switchgear cartel (Gas Insulated Switchgear - GIS)
In its judgment of 4 July 2011 the English High Court of Justice granted the application for disclosure of documents obtained by access to the Commission’s file in a follow-on damages action for breach of Article 101 TFEU in the Gas Insulated Switchgear (“GIS”) cartel. However, considering the (...)

The EU Court of Justice acknowledges the need to weigh the different interests at stake when granting access to documents containing leniency applications in the context of civil claims for damages, in line with US courts (Pfleiderer)
Callol, Coca & Asociados
The European Court of Justice has issued a Judgement (Decision of 14 June 2011, Pfleiderer, Case C-360/09) on a preliminary ruling from a national court, on a key matter regarding antitrust damages claims. The situation encountered by the national court, in essence, referred to a petition by a (...)

The Finnish Competition Authority publishes draft guidelines regarding merger control and leniency (Merger control and leniency)
European Commission (Brussels)
Finland: Public Consultation on Guidelines complementing the new Competition Act* On 11 March 2011, the Finnish Parliament approved the new Finnish Competition Act. The Act is expected to enter into force in 2011. The main amendments concern merger control enforcement, procedural rules and (...)

The Croatian Government adopts leniency guidelines under the new law on protection of competition
University of Technology (Tallinn)
On 11 November 2010 the Croatian Government adopted the Regulation on immunity from or reduction of the fines for competition law infringements (the Leniency Guidelines), which is enforced by the Croatian Competition Authority (AZTN) starting from 27 November 2010. The Leniency Guidelines were (...)

The Serbian Competition Authority issues leniency guidelines
University of Technology (Tallinn)
On 30 August 2010 the Serbian Competition Authority (KZK) released the long-awaited Leniency Guidelines that regulate the procedure of application for and granting of immunity from fines or reduction of fines for participation in an anticompetitive agreement in violation of the national (...)

The Slovakian Parliament extends the scope of application of the leniency program to criminal proceedings
European Commission (Brussels)
Slovakia: Leniency extended to Criminal Enforcement On 27 April 2010, the National Council of the Slovak Republic (Slovak Parliament) approved an amendment to the Criminal Code of the Slovak Republic, which extends the scope of application of the current leniency programme to criminal (...)

The Austrian Supreme Court holds that it is solely up to the Federal Competition Authority to decide on the leniency status of undertakings suspected of collusive practices pursuant to Art 101 TFEU (Printchemicals)
Salzburg University
I. Background Upon application of the Austrian Federal Competition Authority (BWB) the Cartel Court (OLG Vienna as KG) sentenced 7 undertakings to fines of between € 66,000 and € 675,000 for their participation in collusive practices in violation of Art 101 TFEU. The first three undertakings (...)

The Swedish Competition Authority adopts general guidelines on trading prohibitions for infringments of competition rules
European Commission (Brussels)
Sweden: New General Guidelines on Trading Prohibitions for Infringements of Competition Rules On 24 February 2010, the Swedish Competition Authority (SCA) has adopted general guidelines on the imposition of trading prohibitions and trading prohibition immunity. Trading prohibitions may be (...)

The European Competition Network publishes a report assessing convergence in the field of leniency
European Commission - DG COMP (Brussels)
,
European Commission - DG COMP (Brussels)
"The state of ECN leniency convergence"* I. What was the rationale for convergence and what is the state of play? On 13 October 2009, the heads of the national competition authorities making up the European Competition Network (ECN) endorsed a Report assessing convergence in the field of (...)

The Local Court of Bonn asks the ECJ for clarification on the relationship between acces to the file for claimants and leniency (Pfleiderer)
European Commission (Brussels)
Germany: Access to the File for Claimants vs. Leniency - Local Court of Bonn asks ECJ for Clarification In a cartel case which was based inter alia on Article 81 of the EC Treaty (now Article 101 of the Treaty on the Functioning of the European Union), a customer applied for access to the file (...)

The Swedish Competition Authority uses for the first time the "fine order" procedure as parties accepted not to refute the existence of a cartel in the energy sector (Rundvirke Poles)
Bird & Bird (Stockholm)
The Swedish Competition Authority (“SCA”) fined the undertaking Rundvirke Poles AB (“Rundvirke”) in the amount of SEK 2 million (approximately EUR 208.360) for illicit cartel behaviour on the market for power-line poles. While the level of the fine or the decision itself does not carry any (...)

The Croatian Parliament adopts new competition law
University of Technology (Tallinn)
On 24 June 2009, the Croatian Parliament (Hrvatski sabor) adopted new competition law, which will be enforced by the Croatian Competition Authority (Agencija za zaštitu tržišnog natjecanja) (AZTN) from 1 October 2010. The adoption of the new law pursued two primary aims: 1) further harmonization (...)

The US President signs legislation extending provisions of the ACPERA thus allowing successful leniency applicants to avoid treble damages
Sheppard Mullin (San Francisco)
Obama Signs Legislation Extending Limitations On Civil Liability For Amnesty Applicants* On June 19, President Barack Obama signed legislation extending provisions of the Antitrust Criminal Penalty Enhancement and Reform Act of 2004 ("ACPERA") that allow successful amnesty applicants under the (...)

The Chinese Antitrust Authority publishes new procedural rules for non-merger investigations
Jones Day (Beijing)
,
Jones Day (Beijing)
,
Winston & Strawn (New York)
On June 5, 2009, the PRC State Administration of Industry and Commerce (« SAIC ») published two new sets of procedural rules to implement the Chinese Anti-Monopoly Law (« AML »). One set of rules deals with procedures for the investigation and handling of cases involving monopoly agreements and (...)

The new Hungarian Competition Act substantially modifies, inter alia, leniency regime and introduces a new substantive merger test (Act n° XIV of 2009)
King’s College (London)
Until the latest amendment of the Competition Act - which came into effect on 1 June 2009 - the GVH’s leniency policy was based on the Leniency Notice of the GVH (Hungarian Competition Authority). But the need to increase legal certainty for undertakings required the leniency rules to be (...)

The Polish Council of Ministers issues a new leniency procedural regulation
Hogan Lovells (Warsaw)
,
PKN Orlen
On 24 February 2009, a new Regulation on the Polish leniency programme (Regulation of the Council of Ministers of 26 January 2009 concerning the mode of proceeding in cases of enterprises’ applications to the President of the Office of Competition and Consumer Protection for immunity from or (...)

The Turkish competition board introduces two new regulations on leniency and calculation of fines
Çakmak Avukatlik Bürosu
,
Akol Avukatlik Bürosu
On 15 February 2009, two new Regulations, Regulation on the Calculation of Fines and the Leniency Regulation entered into force in Turkey. The Leniency Regulation which is modeled upon the EC Competition Law introduces a totally new procedure to the Competition Law enforcement which aims at an (...)

The Spanish Competition Authority issues its first guidelines for the calculation of fines for antitrust infringements (Comunicación sobre la cuantificación de las sanciones derivadas de infracciones...)
Cleary Gottlieb Steen & Hamilton (Brussels)
On February 6, 2009, the CNC approved its first guidelines for the calculation of fines for infringements of Articles 1, 2 and 3 of the Spanish Competition Act, and Articles 81 and 82 of the EC Treaty (the “Guidelines”). The CNC’s Council approved the Guidelines after a public consultation period, (...)

The UK Office of Fair Trading publishes revised leniency guidance for businesses and individuals that come forward with information about their involvement in a cartel (Leniency and no-action: OFT’s guidance note on the handling of applications)
European Commission - DG COMP (Brussels)
Introduction In December 2008, the UK Office of Fair Trading (“OFT”) published revised guidance (“the Guidance”) for undertakings and individuals that are contemplating applying for leniency in cartel cases , which sets out the OFT’s position on a number of important leniency-related issues. (...)

The New Swedish Competition Act enters into force
Delphi (Stockholm)
,
Stockholm University
A new Swedish Competition Act entered into force on 1 November 2008. The new legislation means further harmonisation with EC competition rules and it also introduces a number of new features in order to enhance cartel enforcement. One of the new features is the introduction of disqualification (...)

A US Court of Appeal provides greater transparency in amnesty process according to the freedom of information act (Stolt-Nielsen transportation group)
White & Case (Washington)
Over the years, the Antitrust Division has used a variety of superlatives to describe its Corporate Amnesty Program. According to the Division, the Amnesty Program is “the single greatest investigative tool available to anti-cartel enforcers” and the “most successful leniency program” in the (...)

The Hungarian Parliament votes an amendment to the Competition Act introducing director disqualification, facilitating private damages actions, streamlining leniency policy and amending the substantive test applicable in merger control (T/5657)
Ernst & Young
An amendment of the Hungarian Competition Act passed by the Parliament on 3 June 2008 brings fundamental changes by introducing company director disqualification, facilitating private damages actions, streamlining leniency policy and amending the substantive test applicable in merger control. (...)

The UK OFT proposes payments to whistle-blowers in leniency proceedings
Kingsley Napley (London)
,
GQ Employment Law
,
Linklaters (London)
The United Kingdom Office of Fair Trading recently announced details of a ‘payment to informants’ scheme aimed at uncovering and taking action against cartel activity. The OFT is one of the first anti-trust regulators to introduce such reward payments. It remains to be seen whether other Member (...)

The Spanish new regime for immunity/leniency (Regulation N° 261/2008)
Callol, Coca & Asociados
This note provides a summary of the immunity/leniency regime rules in Spain. These rules are contained in the regulation (Implementing Regulation) implementing Law 15/2007, of 3 July 2007, on Competition (Competition Act), which entered into force in Spain in September 2007. The Implementing (...)

The Spanish Government presents a proposal for an implementing regulation of the Spanish leniency program and makes it subject to public consultation
European Court of Justice (Luxembourg)
,
Garrigues
Spanish legal community has pleaded, at least since 2000, for the implementation of a comprehensive Spanish leniency program. The existence of such instrument has been regarded as a condition for a proper coordination between the Commission’s activity and that of the Spanish antitrust (...)

The Belgian Competition Council adopts a new notice on immunity from fines and reduction of fines in cartel cases in order to align the Belgian leniency program with the ECN model leniency program
Sheppard Mullin (Brussels)
,
Bredin Prat (Paris)
Background When a company applies for leniency to one competition authority (a national competition authority or the European Commission) this application is not taken into consideration by the other competition authorities. The company therefore has to complete multiple applications to (...)

The UK High Court rules that exemplary damages are not available to claimants bringing actions against cartelists that have already been fined by the EU Commission, even if their fine has been commuted due to an immunity or leniency application (Devenish Nutrition / Sanofi-Aventis)
Freshfields Bruckhaus Deringer (London)
Exemplary damages are not available to claimants bringing actions against cartelists that have already been fined by the European Commission, even if their fine has been commuted due to an immunity or leniency application. Similarly, restitutionary relief or an account of profits are most (...)

Russia introduces a “leniency program” (Article 14.32 of Federal Law N° 135-FZ)
Freshfields Bruckhaus Deringer (Moscow)
,
Freshfields Bruckhaus Deringer
On 13 May 2007, the turnover-based fine, for entering into agreements that limit competition or for participating in concerted actions that limit competition, was introduced into Russian competition legislation by amendments to the Code of Administrative Violations of the Russian Federation. (...)

The UK Office of Fair Trading inflicts a record penalty of € 175 M - highest penalty ever imposed - for price fixing over long-haul surcharges following criminal and civil investigations (British Airways)
WTG Events
Office of Fair Trading, August 1st 2007, British Airways PLC , not yet published OFT Press Release, August 1st2007, n° 113/07, British Airways to pay record £121.5m penalty in price fixing investigation British Airways PLC (“BA”) has been hit with a £121.5 mln (€174.40 mln) fine by the Office of (...)

The Spanish Congress passes a new competition act (Law n° 15/2007)
Hogan Lovells (Madrid)
The Spanish Congress passed on 14 June 2007 a long awaited new Competition Law that will enter into force on 1 September 2007 ("the New Competition Act"). The new Law modernizes the Spanish Competition system by introducing significant changes, at both institutional and substantive levels. As (...)

The Luxembourg Administrative Tribunal and the Competition authorities clarify the leniency regime and introduce a marker system
MOYSE BLESER law firm
Luxembourg Administrative Tribunal (Tribunal Administratif de Luxembourg), 13 June 2007, X v. Conseil de la concurrence, Case n° 21870 The Luxembourg administrative tribunal (“Tribunal”) adopted on 13 June 2007 a landmark decision by clarifying the leniency procedure introduced by article 19 of (...)

The Danish Parliament adopts changes to the Competition Act introducing leniency programme and strengthening the Competition Authority’s enforcement powers (2006-07-L 152)
Danish Competition and Consumer Authority (Copenhagen)
On 10 May 2007, the Danish Parliament adopted changes to the Danish Competition Act which introduce a leniency programme and strengthen the enforcement powers of the Danish Competition Authority (“DCA”). The amendments enter into force on 1 July 2007. In Denmark, the competition rules are (...)

The French Competition Council publishes a revised leniency programme in line with the European Model Leniency Programme launched by the European Competition Network
International Chamber of Commerce (ICC)
The French Competition Council has published a revised leniency programme which aligns the French model to the European Model Leniency Programme launched by the European Competition Network (hereinafter: the “ECN”) in September 2006. The European Model Leniency Programme was introduced in order (...)

The French Competition Authority issues an opinion on class actions in the field of competition
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Conseil de la concurrence in favour of class action, under certain conditions, for consumers victim of anticompetitive practices.* Following the publication in December 2005 of the report relative to (...)

The Spanish Government lays a new competition bill before the Parliament (2006 Proyecto de ley de defensa de la competencia)
European Court of Justice (Luxembourg)
,
Garrigues
On 25 August 2006, the Spanish Government finally laid the long-awaited Bill for a new Spanish Competition Act (the “Bill” ) before the Lower House of Parliament for approval. The Bill is the cornerstone for the modernisation of the Spanish antitrust system. It is expected to enter into force by (...)

Italian Leniency Programme: First Steps (Law 248/2006)
ECR Legal (Roma)
Four years after the coming into force of the Commission Notice on immunity from fines and reduction of fines in cartel cases, of 19 February 2002, (2002/C 45/03) (OJEC C 45, 19 February 2002, pp. 3-5), and similar rules set at national level by various Member States, Italy has introduced a (...)

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

The Portuguese Parliament approves the bill proposed by the Government establishing a leniency regime (Law 29 June 2006)
Sérvulo & Associados
The Portuguese Parliament has just approved, on the 29th of June 2006, the bill proposed by the Government (proposal 64/X) establishing for the first time in Portugal a leniency regime under competition law. The Act was adopted with the favourable votes of the Socialist Party, Social Democratic (...)

The Finnish Supreme Administrative Court rules on right of access to documents related to cartel investigations on the basis of the Finnish Act on Openness of Government Activities (Skanska Asfaltti Oy - Metsäliitto Ossuskunta)
Dittmar & Indrenius
,
Krogerus
The Finnish Supreme Administrative Court has in April 2006 given two rulings concerning the right of a party to obtain information related to cartel investigations from the Finnish Competition Authority (FCA). The cases cover the definition of an official document to which access must be given (...)

The French Competition Council specifies the scope and the mechanism of its anti-cartel leniency programme by simultaneously issuing its first leniency decision and publishing a procedural leniency notice (Doors manufacturing)
On 11 April 2006, the French Competition Council (“CC” or “the Council”) issued simultaneously its first ever formal decision in a leniency application procedure and a notice on the French leniency programme. The case at stake involved ten wooden-door producers that have operated two cartel (...)

The German NCA publishes a new Leniency Program
McDermott Will & Emery (Düsseldorf)
,
Hogan Lovells (Dusseldorf)
Background On 15 March 2006 the Bundeskartellamt (Federal Cartel Office, “FCO”) published a new notice on the immunity from and reduction of fines in cartel cases (“Leniency Programme”), which replaces the previous notice from 2000 (“Leniency Notice 2000”). The possibility to grant immunity or (...)

The Hellenic Competition Commission adopts a leniency programme
University College London
Background Following the trend of a number of other National Competition Authorities in Europe (The Commission and other 17 Member states operate leniency programmes in the EU, see Authorities in EU Member States which operate a leniency programme) the Hellenic Competition Commission (HCC) (...)

A US Court of Appeals holds that American courts have authority to hear antitrust claims brought by foreign plaintiffs against foreign defendants over foreign conduct (Empagran)
Hughes Hubbard & Reed (Washington)
The twenty years since the enactment of the Federal Trade Antitrust Improvements Act (the FTAIA) in 1982 have seen steady progress in the cooperation of antitrust authorities worldwide. Prior to the FTAIA’s passage, the US’s extraterritorial application of its antitrust laws created international (...)

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