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 French Competition Authority fines three undertakings and a trade association € 302 in a cartel case in the PVC and linoleum floor sector (Forbo / Gerflor / Tarkett / SFEC)
Van Bael & Bellis (Brussels)
On 18 October 2017, the French Competition Authority (“FCA”) issued a decision imposing nes totalling € 302 million on three ooring companies (Forbo, Ger or and Tarkett) and a trade association (Syndicat Français des Enducteurs Calandreurs: the “SFEC”) for engaging in cartel activities between 1990 (...)

The French Competition Authority fines three leading manufacturers of PVC and linoleum floor covering for cartel (Tarkett)
French Competition Authority (Paris)
The Autorité has imposed sanctions totalling €302 million on the three leading manufacturers of PVC and linoleum floor covering, as a penalty for price fixing among other pratices.* Background Acting on information submitted by the Directorate General for Competition Policy, Consumer Affairs (...)

The EU Commission fines three car lighting system producers for cartel (Automotive Lighting / Hella / Valeo)
European Commission - DG COMP (Brussels)
Antitrust: Commission fines three car lighting system producers €27 million in cartel settlement* The European Commission has fined Automotive Lighting and Hella a total of €26 744 000 for participating in an automotive lighting cartel, in breach of EU antitrust rules. Valeo was not fined as it (...)

The Irish Central Criminal Court fines a company executive for his participation in a cartel and imposes a suspended prison sentence
McCann FitzGerald (Dublin)
Ireland - Hard-core cartel offender gets €7,500 fine and suspended sentence* Following a guilty plea to criminal bid-rigging and obstruction charges, a company director was fined €7,500 by an Irish judge on 31 May and sentenced to three months’ imprisonment (suspended – meaning no jail time). (...)

The Belgian Competition Authority sanctions bid-rigging cartel in public contracts for railway infrastructure (ABB / AEG / Siemens / Schneider / Sécheron)
Van Bael & Bellis (Brussels)
On 2 May 2017, the Belgian Competition Authority (“BCA”) found that ABB, AEG, Siemens, Schneider and Sécheron had engaged in a cartel in the context of public tenders organised by government-owned railway network company Infrabel and imposed fines amounting to a total of € 1,779,000. Infrabel had (...)

The EU Commission adopts a new decision and fines air cargo carriers (Airfreight cartel)
European Commission - DG COMP (Brussels)
Antitrust: Commission re-adopts decision and fines air cargo carriers €776 million for price-fixing cartel* The European Commission has re-adopted a cartel decision against 11 air cargo carriers and imposed a fine totalling € 776 465 000 for operating a price–fixing cartel. The Commission’s (...)

The EU Commission introduces a new tool to encourage individuals to disclose anticompetitive conduct on an anonymous basis
Jones Day (Brussels)
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Jones Day (London)
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Jones Day (Brussels)
In Short The Situation: The European Commission has launched a new tool that will allow individuals to anonymously report anticompetitive conduct for the first time. The Impact: The Commission’s new access to anonymous inside information could increase the risk of exposure for companies (...)

The EU Commission adopts a new anonymous whistleblower tool
European Commission - DG COMP (Brussels)
Antitrust: Commission introduces new anonymous whistleblower tool* A new tool to make it easier for individuals to alert the Commission about secret cartels and other antitrust violations while maintaining their anonymity has been launched by the European Commission today. Individuals can now (...)

The EU Commission fines six car air conditioning and engine cooling suppliers for cartel (Valeo)
European Commission - DG COMP (Brussels)
Antitrust: Commission fines six car air conditioning and engine cooling suppliers € 155 million in cartel settlement* The European Commission has fined Behr, Calsonic, Denso, Panasonic, Sanden and Valeo a total of € 155 million for taking part in one or more of four cartels concerning supplies (...)

The EU Commission fines undertakings for a total € 68 million in a car battery recycling cartel case (Campine / Eco-Bat Technologies / Recylex)
Van Bael & Bellis (Brussels)
On 8 February 2017, the European Commission announced that it had imposed fines totalling € 68 million on three car battery recyclers (Campine, Eco-Bat Technologies and Recylex) for operating a cartel in which they had allegedly agreed to fix the purchase prices of scrap lead-acid automotive (...)

The Competition Commission of India grants a 75% reduction in penalty in a cartel case applying leniency program (Suo Moto Case)
Shardul Amarchand Mangaldas & Co (New Delhi)
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Shardul Amarchand Mangaldas & Co (New Delhi)
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Shardul Amarchand Mangaldas & Co (New Delhi)
Introduction The Competition Commission of India (CCI) in the first ever decision involving leniency in a cartel case (Suo Moto Case No. 03 of 2014 – In Re: Cartelization in respect of tenders floated by Indian Railways for supply of Brushless DC Fans and other electrical items), published on (...)

The EU General Court dismisses the actions of undertakings in a cartel case and and upholds the fines imposed by the Commission (Smart card chips cartel)
Van Bael & Bellis (Brussels)
Article 27(2) of Regulation No 1/2003 provides that the parties’ rights of defence are to be fully respected in proceedings by the European Commission pursuant to Articles 101 and 102 TFEU. Article 12 of Regulation 773/2004 states that the Commission must give the parties to whom it has (...)

The EU Commission fines rechargeable battery manufacturers for cartel in the settlement procedure (Sony / Panasonic / Sanyo)
European Commission - DG COMP (Brussels)
Antitrust: Commission fines rechargeable battery producers €166 million in cartel settlement* The European Commission has fined Sony, Panasonic and Sanyo a total of €166 million. The companies and Samsung SDI coordinated prices and exchanged sensitive information on supplies of rechargeable (...)

The Portuguese Competition Authority fines five paper envelopes manufacturers and distributors for cartel (Copidata)
Portuguese Competition Authority (Lisbon)
Portuguese Competition Authority dismantles cartel of paper envelopes* The Portuguese Competition Authority (AdC) dismantled a five-member cartel of paper envelopes producers and distributors, and imposed a fine of €160.000,00 on the company Firmo Papéis e Papelarias, S.A. The investigation (...)

The Latvian Competition Council fines medical equipment traders for bid rigging (Optika&Dentika / KJ Serviss)
Competition Council of Latvia
The CC fines Medical Equipment Traders for collusive Behaviour in Public Procurements* On 8 September, the Competition Council (the CC) fined two medical equipment traders SIA OPTIKA&DENTIKA and SIA KJ SERVISS for participating in a cartel agreement in four public procurements. Due to the (...)

The UK Competition Authority fines a company specialized in online sales of posters and frames for cartel (Trod)
UK Competition and Markets Authority (CMA) (London)
CMA issues final decision in online cartel case* The CMA has today issued a formal decision that 2 online sellers of posters and frames broke competition law. This follows the announcement on 21 July 2016 that Trod Ltd had admitted agreeing with GB eye Ltd (trading as ‘GB Posters’) that they (...)

The Hungarian Competition Authority fines providers of medical products and medical devices for bid rigging (Chirmax)
Hungarian Competition Authority (Budapest)
The GVH imposed fines for coordination of bids in tenders of hospitals* In its decision the Gazdasági Versenyhivatal (Hungarian Competition Authority) established that, in order to influence the tender notice, share the market and fix prices, B. Braun Medical Magyarország Orvostechnológiai Kft., (...)

The Hungarian Competition Authority fines five suppliers of medical suture products for bid rigging and exempts one of them under the leniency provisions (Braun Medical / Chairman / Johnson&Johnson / Staplecare / SurgiCare / Variomedic)
Oppenheim - Budapest
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Oppenheim - Budapest
The Competition Authority of Hungary (GVH) has in August 2016 imposed fines on five suppliers of medical suture products (needles and threads for medical/hospital use) for bid rigging in an amount of around EUR 770.000, exempting one of them under the leniency provisions. The infringement was (...)

Advocate General Szpunar renders an opinion on publication of information about the functioning of an illegal cartel acquired via leniency statements (Evonik Degussa)
CDC Cartel Damage Claims (Brussels)
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CDC Cartel Damage Claims (Brussels)
Presenting public knowledge: Leniency programmes and cartels* By his opinion of 21 July 2016 in Case C-162/15 P, Evonik Degussa, Advocate General (AG) Maciej Szpunar of the EU Court of Justice confirmed that information on the functioning of a clandestine cartel, even when it originates from (...)

The EU Commission fines truck producers for cartel (MAN)
European Commission - DG COMP (Brussels)
Antitrust: Commission fines truck producers € 2.93 billion for participating in a cartel* The European Commission has found that MAN, Volvo/Renault, Daimler, Iveco, and DAF broke EU antitrust rules. These truck makers colluded for 14 years on truck pricing and on passing on the costs of (...)

The EU Commission imposes record-breaking fines of € 2.9 billion against truck producers (MAN, Volvo/Renault, Daimler, Iveco, DAF)
Van Bael & Bellis (Brussels)
On 19 July 2016, the Commission announced it had adopted a decision under the cartel settlement procedure fining truck producers a record breaking € 2.9 billion for their participation in a cartel on the market for medium and heavy trucks. The companies involved in the decision are MAN, (...)

The Belgian Competition Authority adopts a settlement decision concerning market sharing agreements concluded between SMEs in the regular river cruise sector (Dinant / Les Bateaux mouches)
Belgian Competition Authority (Brussels)
The Investigation & Prosecution Service of the Belgian Competition Authority adopts a settlement decision for market sharing agreements between SMEs in the regular river cruise sector and imposes a fine amounting to 64,100 euros* The Investigation & Prosecution Service of the Belgian (...)

The Dutch Competition Authority fines manufacturers of prefabricated concrete garages for cartel (Rekers)
Netherlands Authority for Consumers & Markets (The Hague)
ACM fines cartel of manufacturers of concrete garages* The Netherlands Authority for Consumers and Markets (ACM) has imposed a fine on a cartel of manufacturers of prefabricated concrete garages. The two largest manufacturers of such garages, Rekers Betonwerk and Juwel Betonbauteile, had (...)

The EU Commission fines an undertaking in the market of canned mushrooms for its participation to a cartel (Riberebro)
European Commission - DG COMP (Brussels)
Antitrust: Commission fines Riberebro €5.2 million for participation in canned mushrooms cartel* The European Commission has found that Spanish canned and fresh vegetable company Riberebro participated in a cartel to coordinate prices and allocate customers of canned mushrooms in Europe for (...)

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 (...)

The EU General Court confirms Commission’s decision on immunity applications and attribution of liability (Deutsche Bahn / Schenker)
Blackstone Chambers
The Freight-Forwarding Cartels in the General Court: Lessons on Leniency and Discretion*On 29 February 2016, the General Court handed down its judgments in Case T-265/12 Schenker Ltd v European Commission; Case T-267/12 Deutsche Bahn AG and others v European Commission, upholding the (...)

The EU Commission fines car parts producers € 137 M in cartel settlement (Melco / Hitachi)
European Commission - DG COMP (Brussels)
Antitrust: Commission fines car parts producers € 137 789 000 in cartel settlement* The European Commission has imposed fines of € 137 789 000 on Melco (Mitsubishi Electric) and Hitachi for participating in a cartel for alternators and starters with another firm, Denso, in breach of EU antitrust (...)

The EU Court of Justice gives a preliminary ruling for an alleged collusion among a number of travel agencies through an online travel booking system (Eturas)
Max Planck Institute for Innovation and Competition (Munchen)
On 21 January 2016 the European Court of Justice (ECJ) gave a preliminary ruling upon the request of the Supreme Administrative Court of Lithuania in the Eturas case. At the core of the case was an alleged collusion among a number of travel agencies through an online travel booking system (...)

The Latvian Competition Authority fines two undertakings for bid rigging in medical procurements (Optika un Diagnostika / Arbor Medical Korporācija)
Competition Council of Latvia
The CC fines Undertakings for Bid Rigging in Medical Procurements* On 10 December, The Competition Council (CC) of Latvia fined two undertakings – SIA Optika un Diagnostika and SIA Arbor Medical Korporācija – for coordinating tenders in a total of six different procurements of medical equipment (...)

The Latvian Competition Authority fines two hardware suppliers for a cartel agreement in a public procurement (Expert Digital / Hannu Digital)
Competition Council of Latvia
The CC fines Two Hardware Suppliers for Bid Rigging* On 16 December, the Competition Council (CC) of Latvia took a decision to fine two hardwire suppliers SIA Expert Digital and SIA SIA Hannu Digital for a cartel agreement in a public procurement. The fine was set in a total amount of 11 573 (...)

The EU General Court rules on appeals brought by several airlines against the Commission’s 2010 decision imposing fines totalling € 799 million for their alleged participation in a cartel (Airfreight cartel)
Van Bael & Bellis (Brussels)
On 16 December 2015, the EU General Court (“GC”) handed down its judgments on appeals brought by several airlines against the European Commission’s 2010 decision imposing fines totalling € 799 million on the airlines for their alleged participation in a cartel relating to airfreight services. The (...)

The French Competition Authority publishes a decision by which it fines two anticompetitive agreements in the delivery service sector (TLF)
French Competition Authority (Paris)
Delivery service (transporting parcels) industry* Today, the Autorité de la concurrence issues a decision by which it fines two anticompetitive agreements in the delivery service industry for a total amount of 672.3 million euros: The principal agreement in question has been subject to a (...)

The Hungarian Competition Authority reduces the fine imposed in the pipe cartel case (Pipelife)
Hungarian Competition Authority (Budapest)
Fine reduction via leniency policy* The Gazdasági Versenyhivatal (GVH – Hungarian Competition Authority) established that BTH Fitting Gyártó és Forgalmazó Kft. (BTH), Pipelife Hungária Műanyagipari Kft. (Pipelife), Wavin Hungary Ipari, Kereskedelmi and Szolgáltató Kft. (Wavin) concluded market sharing (...)

The Bulgarian Commission on Protection of Competition and the UNCTAD organize a forum to assist competition authorities in the Balkan region in enforcing their competition regimes
Johnson & Johnson (Sofia)
The 7th meeting of Sofia Competition Forum was held on November 12, 2015 in Sofia, Bulgaria. It has been its third consecutive year since SCF was created in 2012 as a joint initiative of UNCTAD and the Bulgarian Commission on Protection of Competition. The aim of the Forum is to assist (...)

The EU Commission fines suppliers of optical disc drives for cartel (Philips)
European Commission - DG COMP (Brussels)
Antitrust: Commission fines suppliers of optical disc drives € 116 million for cartel* The European Commission has fined eight optical disc drive suppliers a total of €116 million for having coordinated their behaviour in relation to procurement tenders organised by two computer manufacturers, (...)

The Hong Kong Competition Commission publishes draft leniency policy
Hogan Lovells (Beijing)
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Hogan Lovells (Hong Kong)
Leniency agreements are commonly offered by competition authorities to encourage entities engaging in anti-competitive conduct to come forward with information to assist with investigations; leniency is indeed generally regarded as one of the most successful tools for uncovering cartels, many (...)

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 EU Commission fines cargo train operators in cartel settlement (Express Interfracht & Schenker)
Constantine Cannon (London)
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Constantine Cannon (London)
European Commission Slams Cargo Train Operators With 49 Million Euro Fine In Cartel Settlement* The European Commission (“EC”) today imposed fines totalling 49,154,000 euros on Express Interfracht, part of the Austrian railway company Österreichische Bundesbahnen, and Schenker, a subsidiary of (...)

The Latvian Competition Authority fines several tenderers for bid rigging in the market of timber preparation (Amils)
Competition Council of Latvia
Competition Authority fines 11 tenderers of logging procurement* On 14 July, the Competition Council (CC) of Latvia took a decision to fine 11 undertakings for coordinating their tenders with one or several other tenderer in a public procurement of timber preparation. For such actions, the (...)

The EU Court of Justice rules that a parent company may be held liable for infringement by its subsidiary in which it holds an 80% indirect shareholding and that responses to simple requests for information do not justify a reduction of the fine within the meaning of the Leniency Notice (Fresh Del Monte)
Simmons & Simmons (London)
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Simmons & Simmons (London)
ECJ confirms that Del Monte is liable for a single and continuous infringement of competition law for bilateral information exchanges between its subsidiary Weichert and Dole. On 24 June 2015, the Court of Justice of the European Union (ECJ) dismissed an appeal by Fresh Del Monte Produce Inc. (...)

The European Commission fines several producers and distributors for cartel in the retail food packaging sector (Nespak)
European Commission - DG COMP (Brussels)
Commission fines producers and distributors € 115 865 000 for operating retail food packaging cartels* The European Commission has fined eight manufacturers and two distributors of retail food packaging trays a total of €115 865 000 for having participated in at least one of five separate (...)

The European Commission fines a parking heaters producer for cartel in the context of a settlement (Eberspächer)
European Commission - DG COMP (Brussels)
Commission fines parking heaters producer €68 million in cartel settlement* The European Commission found that two German producers of automotive parts, Eberspächer and Webasto, have breached EU antitrust rules prohibiting cartels and restrictive business practices. They coordinated prices and (...)

The German Competition Authority imposes fine on manufacturers of prefabricated garages for price-fixing agreements (Rekers)
German Competition Authority (Bonn)
Fines imposed on manufacturers of prefabricated garages on account of price-fixing agreements* The Bundeskartellamt has imposed fines amounting to 11 million euros on ten manufacturers of prefabricated garages for their involvement in price-fixing agreements. Andreas Mundt, President of the (...)

The Portuguese Competition Authority sends statement of objections to 15 banking institutions for allegedly exchanging sensitive data regarding the supply of retail-banking loan products (Barclays)
Abreu Advogados (Lisbon)
The Portuguese Competition Authority confirmed having sent a Statement of Objections to 15 banks for suspected participation in a concerted practice. According to the last press release issued by the Portuguese Competition Authority on June 5, 2015, the Statement of Objections was issued on May (...)

The European General Court rejects an appeal against a Commission decision fining compagnies for a cartel participation (Hybrid Cartel)
Van Bael & Bellis (Brussels)
On 20 May 2015, the General Court (“GC”) rejected an application for annulment by Timab Industries against a 2010 Commission decision imposing a fine of €59.8 million on the company for its participation in the animal feed phosphates cartel. Timab, a subsidiary of Cie Financière et de (...)

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

The French Competition Authority publishes a new notice concerning its leniency programme
French Competition Authority (Paris)
Revision of the leniency procedural notice* The Autorité de la concurrence has published a new notice concerning its Leniency Programme The Autorité de la concurrence, meeting in plenary session, has adopted the revised procedural notice relating to its Leniency Programme. This revision of the (...)

The French Competition Authority imposes fines on three millers for cartel in the market of flour sold to craft bakeries (Axiane Meunerie / Minoteries Cantin / Grands Moulins de Strasbourg)
French Competition Authority (Paris)
The Autorité de la concurrence fines 3 millers for anticompetitive agreements on increases in the price of flour sold to craft bakeries.* The Autorité de la concurrence issues today a decision whereby it fines Axiane meunerie, Minoteries Cantin and Grands Moulins de Strasbourg a total of 1.1 (...)

The Italian Competition Authority fines two cartels in ready-mix concrete sector (Intermodale / General Beton Triveneta / Calcestruzzi / SuperBeton)
European Commission (Brussels)
ICA Fines two Cartels in Ready-Mix Concrete Sector* On 25 March 2015, the Italian Competition Authority (ICA) found that eight ready-mix concrete manufacturers and a consultancy firm infringed Article 101 TFEU by operating two price fixing and market allocation agreements in several areas in (...)

The Italian Competition Authority fines eight ready-mix concrete manufacturers for two cartels and applies its new fining guidelines (Intermodale / General Beton Triveneta / Calcestruzzi / SuperBeton)
Studio Legale Scoccini E Associati
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On 25 March 2015, the Italian Competition Authority (ICA) fined eight ready-mix concrete manufacturers. The ICA imposed penalties of more than EUR12.5 million as a result of establishing price fixing and market allocation in the Friuli Venezia Giulia (FVG) region. The investigation was opened (...)

The French Competition Authority imposes fines on several producers of fresh dairy for cartel (Yoghurt cartel)
French Competition Authority (Paris)
Cartel in the fresh dairy products sector (yoghurts, fromages blancs, milk-based desserts, etc.)* The Autorité de la concurrence fines €192.7 million an anticompetitive agreement on dairy products sold under retail private labels The Autorité issues today a decision in which it finds the (...)

The Russian President signs an amendment introducing changes to the Criminal Code on antitrust violations
Siemens (New York)
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Patterson Belknap Webb & Tyler
Russia Amends Criminal Code on Antitrust Violations* Russia has amended its criminal code on cartels, signaling a major change in antitrust law enforcement. On March 8, 2015, President Vladimir Putin signed a Federal Law “introducing changes to Article 178 of the Criminal Code of the Russian (...)

The Council of the Office of the Slovak Republic examines the decision of the Antimonopoly Office by which it imposed fines on four construction companies for cartel in the field of the public procurement (J.P.–STAV spol)
Slovak Competition Authority
The Council of the Antimonopoly Office upheld the substance of the 1st instance decision on a cartel agreement of construction companies in public procurements* The Council of the Office of the Slovak Republic (“the Council of the Office”) examined the decision of the Antimonopoly Office of the (...)

The Lithuanian Competition Council fines a cartel in the energy sector (Lukrida / Envija / Manfula)
European Commission (Brussels)
Competition Council Hits Cartel in Energy Sector* On 11 February 2015, the Competition Council (the Council) found that UAB Lukrida (Lukrida) and UAB Manfula (Manfula), the main market players in the construction of cogeneration power plants in Lithuania, sought to restrict competition in the (...)

The Ontario Superior Court of Justice holds that communications between corporations and the Competition Bureau during the proffer stage of the immunity program or the leniency program should not be protected by settlement privilege (Nestlé Canada)
Norton Rose Fulbright (Toronto)
The Ontario Superior Court of Justice held in R. v Nestlé Canada Inc. that communications between corporations and the Competition Bureau (Bureau) during the proffer stage of the Immunity Program or the Leniency Program should not be protected by settlement privilege. This case has clear (...)

A Canadian Court holds that information received by the Competition Bureau at the proffer stage of its immunity and leniency programs is not protected from disclosure to other accused persons by settlement privilege (R / Nestlé Canada)
Lighthouse Global
Proffers to Competition Bureau must be disclosed to accused, court says* Information received by the Competition Bureau at the proffer stage of its Immunity and Leniency Programs is not protected from disclosure to other accused persons by settlement privilege, the Ontario Superior Court of (...)

The Romanian Competition Council imposes fines on four undertakings for bid-rigging in the oil and gas drilling works market (Dafora, Foraj and Upetrom 1 Mai)
Romanian Competition Council (Bucharest)
The Competition Council has sanctioned four companies for rigging the auctions organized by ROMGAZ* The Competition Council has sanctioned with fines totalling 12,968,298 lei (approximately EUR 2.89million) four companies for rigging the auctions organized by SNGN ROMGAZ S.A. The sanctioned (...)

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

The Competition Commission of India fines a trade association for price fixing and collective boycott (Film Distributors Association of Kerala)
Vinod Dhall and Talwar Thakore & Associates
Film Distributor Trade Association fined for price fixing and collective boycott* In its last reported decisions of 2014, the Competition Commission of India (CCI), in two separate cases, fined the Film Distributors Association of Kerala (a state in India) 5% of its turnover (in each case) for (...)

The French Competition Authority imposes heavy fines on several manufacturers of home and personal care products for having implemented concerted practices (Colgate-Palmolive, Henkel, Reckitt Benckiser)
French Competition Authority (Paris)
The Autorité de la concurrence fines concerted practices between manufacturers a total of 345,2 € millions and 605,9 € millions on each market concerned* The Autorité de la concurrence issues today a decision whereby it fines home care and personal care manufacturers for having implemented (...)

The Latvian Competition Council imposes fines on dealers and importer of cars for their participation to a cartel (Autocentrs, Moller Auto Krasta)
Competition Council of Latvia
The CC Fines Dealers of Volkswagen for 7.6 Million Euros* On 15 December, the Competition Council (CC) of Latvia imposed fines to official dealers and importer of Volkswagen cars in Latvia for taking part in a cartel. For at least five years undertakings systematically coordinated their (...)

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 Latvian Competition Council imposes fines on two construction companies for bid rigging and immunizes an undertaking who revealed the existence of the cartel (SIA „RCI Gulbene)
Competition Council of Latvia
Leniency notice to disclose a cartel scheme within public procurements* On 24 October, the Competition Council (CC) of Latvia has found that two construction companies operated in a bid rigging. The investigation was carried out based on a Leniency notice submitted by one of the cartel (...)

The Finnish Competition and Consumer Authority proposes to fine a power line builder for participating in a cartel (Eltel and Empower)
Finnish Competition and Consumer Authority (FCCA)
The FCCA proposes a EUR 35 million fine on power line builder Eltel for participating in a cartel* The Finnish Competition and Consumer Authority (FCCA) today submitted a proposal to the Market Court to impose a fine of EUR 35 million on Eltel Networks Oy and Eltel Group Oy (hereinafter (...)

The Office of Thai Trade Competition Commission proposes changes to Thailand’s Trade Competition Act 1999
Rajah & Tann (Singapore)
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Rajah & Tann (Bangkok)
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Rajah & Tann (Bangkok)
Introduction The Office of Thai Trade Competition Commission in Thailand (‘OTCC’) recently discussed proposed changes to Thailand’s Trade Competition Act 1999 (the ‘Act’) during a public hearing held on 28 October 2014. This is the first substantial review of the Act since its enactment in 1999. (...)

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

The Hubei Province and Shanghai Price Bureau fines automobile companies for price-monopoly (FAW-Volkswagen - Audi - Chrysler)
AnJie Law (Beijing)
FAW-Volkswagen, Chrysler and Related Dealers Fined Nearly RMB280 Million for Monopolistic Conduct* Background The automotive industry has undergone a new round of “antitrust crackdowns”. On 11 September 2014, Hubei Price Bureau released its decisions to impose penalties arising from a price (...)

The Chinese NDRC fines cement companies for price fixing and announces that more penalties are to come (Jilin Yatai / Northern Cement / Jidong Cement)
University of Melbourne
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China Competition Bulletin (Beijing)
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Hogan Lovells (Beijing)
Three Cement Companies in Jilin Province Fined RMB 114 million for Price Fixing* On 9 September 2014, the NDRC announced that its local price bureau in Jilin Province, the Jilin Price Bureau, had fined 3 cement companies (Jilin Yatai, Northern Cement, and Jidong Cement) a total of RMB 114.39 (...)

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

The Chinese NDRC imposes record fines and applies explicitely for the first time its leniency program (Automotive component suppliers’ cartel)
AnJie Law (Beijing)
Note of Caution: Record Fines on 12 Japnese Auto Parts and Bearing Manufactures - Analysis of the NDRC’s Penalty Decision and Countermeasures of Companies* Within six years of implementation of China’s Anti-Monopoly Law, the China’s law enforcement agency responsible for supervising price (...)

The Hungarian Competition Authority imposes fines of € 1 million on one producer of TV and computer monitor tubes for having implementing anticompetitive practices (Samsung SDI / LG Philips Displays)
Hungarian Competition Authority (Budapest)
Press Release published on the official website of the Hungarian Competition Authority. Fine imposed by the GVH for restrictive agreement* The Gazdasági Versenyhivatal (GVH – the Hungarian Competition Authority) stated that Samsung SDI (Samsung SDI Co. Ltd. in joint and several liability with (...)

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 Moroccan Parliament adopts two complementary laws concerning competition rules (Law No 104-12 and Law No 20-13)
Moroccan competition Authority
« The views expressed herein are of the author and do not necessarily reflect the official position of the Moroccan Competition Authority » The competition’s regulation institutional architecture is expected to undergo a radical change in its structure. The first harbingers of this long-awaited (...)

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 Competition Commission of Singapore fines four Japanese ball bearings manufacturers and their Singapore subsidiaries for an anticompetitive agreement (Ball Bearings Case)
Rajah & Tann (Singapore)
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Rajah & Tann (Singapore)
,
Rajah & Tann (Singapore)
Introduction Happy New Year all! We start the year with a coverage of key developments in competition law in Singapore over the past year, and discuss the likely trends looking forward to 2015. We also touch on the upcoming ASEAN Economic Community (“AEC”), which is expected to come into force (...)

The Competition Commission of Singapore issues first infringement decision in relation to an international cartel (CCS /Ball and roller bearings manufacturers)
BHP Billiton (Singapore)
On 27 May 2014, the Competition Commission of Singapore (the “CCS”) announced that it had issued an infringement decision, and imposed total financial penalties amounting to over S$9 million, against four Japanese bearings manufacturers and their Singapore subsidiaries (collectively, the (...)

The European Court of Justice dismisses appeals the in industrial bags cartel case (FLSmidth, Plasticos Espanoles)
Van Bael & Bellis (Brussels)
In judgments handed down on 30 April and 22 May 2014, the European Court of Justice (ECJ) dismissed appeals brought by FLSmidth, Plasticos Españoles SA (ASPLA) and ASPLA’s parent company Armando Álvarez (Álvarez) against earlier General Court (GC) judgments in the industrial bags cartel case. In (...)

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 General Court reduces the fine imposed by the Commission to several undertakings participating to a cartel in the chemistry sector (Donau Chemie)
Van Bael & Bellis (Brussels)
On 14 May 2014, the General Court (GC) handed down a judgment reducing the fine imposed by the Commission on Donau Chemie in the calcium and magnesium reagents cartel. In its decision of 22 July 2009, the Commission had imposed fines totalling € 61 million on nine undertakings for having (...)

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 (...)

A New Zealand High Court orders a Swiss air freight company to pay a penalty and costs for cartel behaviour (Kuehne + Nagel International)
New Zealand Commerce Commission
Press releases published on New Zealand Commerce Commission Air freight cartel nets almost $12 million in penalties* The High Court in Auckland has today ordered Swiss company Kuehne + Nagel International AG to pay a penalty of $3.1 million plus costs for breaches of the Commerce Act. Kuehne (...)

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 European Commission fines eleven producers for operating a cartel on the high-voltage power cable market
Van Bael & Bellis (Brussels)
On 2 April 2014, the European Commission announced that it had imposed fines totalling € 301,639,000 on eleven European, Japanese and Korean producers of underground and submarine high-voltage power cables for operating a European and worldwide market- allocation, bid-rigging and price-fixing (...)

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 Portuguese Competition, Regulation and Supervision Court affirms decision imposing a fine on the business forms cartel (Contiforme)
Abreu Advogados
Following the Portuguese Competition Authority (PCA) decision dated 19 December 2012 imposing a total EUR 1,797,978.51 fine on four companies of the graphic industry - Contiforme, Soluções Gráficas Integradas, S.A.; Copidata, S.A., (Copidata); Formato, Formulários Múltiplos Comerciais, S.A., and (...)

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 Federal Constitutional Court regards the disclosure of leniency applicants’ documents as not violating fundamental constitutional rights in the cartel damages proceedings (Aufzugskartell)
Hogan Lovells (Munich)
I. The Facts Following the European Commission’s decision to impose fines against a group of lift and escalator manufacturers for violating EU antitrust rules in February 2007 (COMP/38.823), several building contractors initiated civil damages claims before the Regional Court of Berlin at the (...)

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 Hungarian Competition Authority imposes fines for resale price maintenance on the market for dental handpieces (Dentalwerk Bürmoos)
Hungarian Competition Authority (Budapest)
Restrictive agreements on the market of dental handpieces* The Hungarian Competition Authority (Gazdasági Versenyhivatal – GVH) established that W&H Dentalwerk Bürmoos GmbH and certain of its distributors had breached EU competition rules by concluding restrictive agreements which fixed the (...)

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 Polish Office of Competition and Consumer Protection fines one company for resale price maintenance on the ski equipment and accessories market (Sport & Freizeit)
Wiercinski Kwiecinski Baehr (Poznan)
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WKB Wierciński Kwieciński Baehr (Warsaw)
On 31 December 2013, the President of the Office of Competition and Consumer Protection (hereinafter “the OCCP President”) issued a decision concerning minimum resale price maintenance practices on the market of ski equipment and accessories in Poland (Decision No. DOK – 7/2013). Although the (...)

The Polish competition authority strikes down bid-rigging practices in the agricultural sector (APA)
WKB Wierciński Kwieciński Baehr (Warsaw)
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Freshfields Bruckhaus Deringer (Brussels)
In its decision of 31 December 2013 , the Polish competition authority (Urząd Ochrony Konkurencji i Konsumentów, the "UOKiK") reviewed a bid-rigging case involving three farmers who participated in a tender organised by the Agricultural Property Agency ("APA") to sell undeveloped agricultural (...)

The New Zealand Commerce Commission commences proceedings in relation to Auckland timber cartel (Carter Holt Harvey / Fletcher)
New Zealand Commerce Commission
Press releases published on New Zealand Commerce Commission Commission commences proceedings in relation to Auckland timber cartel* The Commerce Commission has today filed proceedings in the High Court against Carter Holt Harvey Limited for price fixing in the Auckland timber market. Carter (...)

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

The EU Court of Justice upholds the fines imposed by the Commission on the largest manufacturer of elevators and escalators for its participation in a cartel (Kone)
FratiniVergano
I. Facts During the summer of 2003, the Commission received information about the possible existence of an agreement between the major European manufacturers of elevators and escalators within the European Union: Kone, Otis, Thyssen and Schindler. In early 2004, the Commission conducted (...)

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 German Competition Authority concludes cartel proceedings against manufacturers of household porcelain (Porzellanfabrik Christian Seltmann, KAHLA/Thüringen Porzellan)
German Competition Authority (Bonn)
Bundeskartellamt concludes cartel proceedings against manufacturers of household porcelain* Bonn, 17 October 2013: The Bundeskartellamt has today imposed fines totaling just under 900,000 euros on the companies Porzellanfabrik Christian Seltmann GmbH and KAHLA/Thüringen Porzellan GmbH, the (...)

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 General Court of the European Union recalls the principle of the accessory character of the liability of parent companies for the anticompetitive actions of their subsidiaries (Roca Sanitario, Laufen Austria, Roca and Keramag Keramische)
Magenta (Paris)
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Norton Rose Fulbright (Paris)
In the context of appeals lodged against the decision of the European Commission (the Commission) in the area of bathroom fittings, the General Court of the European Union (the General Court) took the occasion to recall the principle of the accessory character of the liability of parent (...)

A US District Court indicts an executive officer who is accused of agreeing to coordinate bids and fix prices of automotive parts (US / Shingo Okuda, G.S. Electech)
Compliance Systems Legal Group
The Auto Parts Antitrust Case: Is This What Success Looks Like?* Wow, what a success! The Antitrust Division recently announced that its investigations in the auto parts market uncovered “separate conspiracies to fix the prices of more than 30 different products sold to US car manufacturers ….” (...)

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 (...)

A New Zealand High Court fines a manufacturer of setup paperboard boxes and its former senior executive for being involved in price fixing (Visy)
New Zealand Commerce Commission
Press releases published on New Zealand Commerce Commission Court endorses penalty in trans-Tasman cartel case* Visy Board Pty Ltd (Visy) has been ordered to pay a penalty of $3.6 million in the High Court in Auckland today, and its former senior executive John Carroll $25,000, for breaching (...)

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 (Beijing)
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 Shanghai Higher Court and one of China’s antitrust regulators issues decisions that resale price maintenance violated China’s Anti-Monopoly Law (Rainbow / Johnson & Johnson)
Jones Day (Beijing)
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Gibson Dunn (Hong Kong)
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Jones Day (Beijing)
Within the same week, the Shanghai Higher Court and one of China’s antitrust antitrust regulators have issued decisions that resale price maintenance ("RPM") violated China’s Anti-Monopoly Law ("AML"). The decision of the Shanghai Higher Court involved an agreement between Johnson & Johnson (...)

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 Portuguese Competition, Regulation and Supervision Court declares cartel offense to be time-barred, but upholds decision imposing fines on information exchange infringement (Canteen Cartel)
Abreu Advogados
Following the Portuguese Competition Authority (PCA) decision dated 30 December 2009 imposing a total EUR 14,720,283.27 fine on five undertakings operating on the Portuguese foodservice/catering market - Eurest (Portugal) – Sociedade Europeia de Restaurantes e Alimentação, Lda. (“Eurest”), (...)

The Portuguese Competition Authority sanctions a cartel of national manufacturers of flexible polyurethane foam under Art. 101 TFEU and national equivalent (Comfort foam cartel)
Eduardo Paz Ferreira & Associados
On the 18th July 2013, the Portuguese Competition Authority (AdC) adopted a decision identifying a 10 year long cartel between three Portuguese manufacturers of flexible polyurethane foam (Flex, Flexipol and Eurospuma). According to the AdC, these undertakings exchanged sensitive information, (...)

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

The Australian Competition and Consumer Commission takes action against a supplier of ball and roller bearings for alleged cartel conduct (Koyo)
Australian Competition and Consumer Commission
ACCC takes action against Koyo for alleged cartel conduct* The Australian Competition and Consumer Commission has instituted civil proceedings in the Federal Court against Koyo Australia Pty Ltd (Koyo) for alleged cartel conduct relating to the supply of ball and roller bearings for use in (...)

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 EU Court of Justice grants access to a national competition file to applicants seeking compensation for damages deriving from the violation of EU competition rules (Donau Chemie)
European Court of Justice (Luxembourg)
Factual and legal background In its judgment of 6th of June 2013, the Court of Justice ruled on the possibility to grant access to a competition file to applicants seeking compensation for damages deriving from the violation of EU competition rules. Before analyzing the merits of the judgment, (...)

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 Canadian Competition Bureau introduces criminal cartel whistleblowing initiative
WeirFoulds (Toronto)
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WeirFoulds (Toronto)
Hiding in Plain Sight: The Competition Bureau’s Criminal Cartel Whistleblowing Initiative* On May 28, 2013, Canada’s Commissioner of Competition, John Pecman, announced the launch of the Competition Bureau’s Criminal Cartel Whistleblowing Initiative (the “Initiative”), aimed at creating awareness (...)

The Canadian Commissioner of Competition announces the launch of the Bureau’s new Whistleblowing Initiative
Davies Ward Phillips & Vineberg (Toronto)
Blowing the Whistle on Cartels in Canada* Cartel enforcement in Canada is heavily dependent on the use of informants. This is explained by two principal factors. First, cartel conduct is, by its very nature, secretive and carried out in the shadows of business life. Second, Canada’s Competition (...)

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 Dutch Competition Authority imposes fines in three cases of bid-rigging in dutch demolition sector (Kanaalweg, Geuneburg, Bergambacht)
Allen & Overy (Amsterdam)
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Allen & Overy (Amsterdam)
I. INTRODUCTION On 23 March 2010 the Dutch Authority for Consumers and Markets (Autoriteit Consument en Markt, ACM, formerly known as the Dutch Competition Authority, Nederlandse Mededingingsautoriteit, NMa) initiated an investigation into possible infringements by five demolition firms of (...)

The Hague District Court considers the duty of sincere cooperation requires a national court should defer its judgment until the EU courts have rendered their final judgment unless a preliminary ruling on the validity of the decision is warranted (Paraffin wax cartel)
Allen & Overy (Amsterdam)
,
Allen & Overy (Amsterdam)
I. The Parties The case involves the first instance of a dispute brought before the District Court of The Hague, The Netherlands, by CDC Project 14 SA (Cartel Damage Claims, CDC), a claim vehicle established in Brussels, which has bought the claims of seven customers of paraffin wax in Italy, (...)

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 (...)

The German Competition Authority coordinates with the Dutch NCA its fining against a German mill involved in a cartel in the flour industry (Mühlen)
European Commission (Brussels)
The Netherlands and Germany: Joint Solution to cross-border Inability to Pay Claim in Flour Cartel Cases* At the end of January 2013, the Bundeskartellamt (BKartA) and the Netherlands Competition Authority (NMa) coordinated their fining with regard to a German flour mill (the undertaking). (...)

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
,
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)
,
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 (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 Chinese NDRC imposes sanctions on members of international LCD panel cartel (Samsung / LG / AU Optronics / Chunghwa / Chimei InnoLux / HannStar)
Herbert Smith Freehills (Hong Kong)
,
Herbert Smith Freehills (Hong Kong)
,
King’s College (London)
1. Summary On 4 January 2013, China’s National Development and Reform Commission ("NDRC") announced that it had imposed fines and penalties totalling RMB 353 million ( USD 56 million) on six liquid crystal display ("LCD") panel manufacturers for colluding to manipulate the price of LCD panels (...)

The UK Supreme Court grants permission to appeal against the Court of Appeal’s judgement that struck out a cartel damages claims on the ground that they were out of time (Deutsche Bahn)
The University of Manchester
Introduction Deutsche Bahn v Morgan Crucible is a well-litigated case, with a judgment from the Court of Appeal and the granted permission to appeal to the Supreme Court. Taking into account the novel issues involved in this case, it appears reasonable that the Supreme Court wants to resolve (...)

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

The UK Competition Authority closes its investigation into alleged price-fixing between two airlines contrary to Chapter I of the Competition Act 1998 and Article 101(1)TFEU due to inconsistent evidence (Cathay Pacific Airways and Virgin Atlantic)
University of Southampton
The UK Office of Fair Trading investigated, under Chapter I of the Competition Act 1988, whether employees of Virgin Atlantic and Cathay Pacific Airways had exchanged commercially sensitive information in order to coordinate prices in relation to passenger services on the London to Hong Kong (...)

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 Slovak Anti-Monopoly Office proposes the introduction of a new section into the Act on Protection of Economic Competition law giving natural persons a financial incentive for whistleblowing
BPV Braun Partners
Slovakia: Cash Incentives to Whistleblowers?* At the end of 2012 the Slovak Antimonopoly Office presented its future plans for public discussion. Various aspects such as the announced prioritisation of antitrust enforcement, the incentives for settlement of antitrust cases, the establishment (...)

The Spanish Competition Authority fines shipping companies with a total amount of € 88,5 M for participating in a cartel in the passenger and cargo maritime transport market between the Spanish peninsula and Morocco (Compañía Trasmediterránea, Europa Ferrys SA, Cenargo España, SLU...)
University of Castilla-La-Mancha (UCLM)
The Council of the CNC has fined six shipping groups over € 88.5 million for having participated in a cartel in the market of the maritime transport between the Spanish Peninsula and Morocco and between 2002 and 2010. On March, 15, 2011, the Investigations Division of the Spanish Competition (...)

The Turkish Competition Authority imposes fines on two undertakings for bid-rigging, price-fixing, and information sharing on the steel straps market (Steel Straps Cartel)
TCA Fined Steel Straps Producers* According to the press release published today, Turkish Competition Authority (the TCA) imposed fines on two undertakings for bid-rigging, price-fixing, and information sharing on steel straps market. Although the details of the case has not been publicized (...)

The Serbian Competition Authority modifies its leniency decision in a case of a vertical distribution agreement with a resale price maintenance clause (Idea, Swisslion Group)
University of Technology (Tallinn)
On 25 October 2012 the Serbian Competition Authority (KZK) established that by including the resale price maintenance clause (minimum resale prices) in their distribution agreement Idea d.o.o. (distributor) and Swisslion Group d.o.o. (supplier) have concluded an anti-competitive agreement (...)

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 Spanish Competition Authority finds that several undertakings active in the post-tensioning and geotechnical systems have been sharing contracts and customers between themselves (Civil Engineering Field)
European Commission (Brussels)
Spain: The Comisión Nacional de la Competencia fines Cartel in Civil Engineering Field* On 31 July 2012, the CNC Council has adopted a resolution finding that several undertakings active in the post-tensioning and geotechnical systems have been sharing contracts and customers between (...)

The Competition Authority of Bosnia & Herzegovina evaluates a joint venture agreement in the cable TV market under the national equivalent of Article 101 TFEU (BHB Cable, ELTA-MT)
University of Technology (Tallinn)
On 31 July 2012 the Competition Authority of Bosnia & Herzegovina (KV) established that the joint venture agreement concluded by the two cable TV providers for the operation of the common cable network did not constitute an anti-competitive agreement under the national equivalent of Article (...)

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 German Competition Authority fines four rail manufacturers and suppliers for anticompetitive behaviors (ThyssenKrupp GfT Gleistechnik, Stahlberg Roensch, TSTG Schienen Technik and Voestalpine BWG)
European Commission (Brussels)
Germany: The Bundeskartellamt imposes first Fines in Rail Case* On 5 July 2012, the Bundeskartellamt (BKartA) imposed fines totalling € 124 500 000 on four rail manufacturers and suppliers. The fines sanction the anticompetitive behavior of the following companies: ThyssenKrupp GfT (...)

The Lithuanian Competition Authority established agreements concluded through a common third party breaching Art. 101 of the TFEU (Eturas)
Valiunas Ellex (Vilnius)
By its decision of 7 June 2012 the Lithuanian Competition Council (also referred to as the Council) established that as many as thirty travel agencies and an online booking system operator – UAB “Eturas” – had participated in an anticompetitive agreement of fixing the maximum discount rate for (...)

The Lithuanian Competition Council adopts a broad interpretation of concerted practices under national rules and art. 101 TFEU (E-TURAS)
Herbert Smith Freehills (Brussels)
This case note aims to illuminate the Lithuanian Competition Council’s (“CC”) decision No. 2S-9 which found a concerted practice between travel agents and the undertaking managing Lithuania’s online travel booking system E-TURAS. The conduct, held to violate Article 101 TFEU and its national (...)

The Dutch Competition Authority imposes fines in two cartels in the agricultural sector (ZON, UWG and Rainbow)
Van Bael & Bellis (Brussels)
According to a press release published by the Dutch Competition Authority (“NMa”) on 5 June 2012, the NMa has imposed fines totalling € 23 million on a number of pepper growers’ co- operatives and on five shallot growers and processors for their involvement in two separate cartel agreements. (...)

The Netherlands Competition Authority fines three bell pepper grower cooperatives and sales organizations for a price-fixing cartel (UWG, Rainbow, ZON)
European Commission (Brussels)
The Netherlands: The Competition Authority fines Bell Pepper Growers’ Cooperatives and Sales Organizations* On 25 May 2012, the Netherlands Competition Authority (NMa) issued decisions imposing fines on three bell pepper grower cooperatives and sales organizations, for their participation in a (...)

The UK OFT fines leading airlines for anti-competitive practices in relation to the pricing of passenger fuel surcharges (British Airways / Virgin Atlantic Airways)
European Commission (Brussels)
United Kingdom: British Airways to pay £ 58 500 000 (approximately € 71 515 000) Penalty in OFT Fuel Surcharge Decision* On 19 April 2012, the Office of Fair Trading announced its decision that British Airways (BA) and Virgin Atlantic Airways (VAA) engaged in anti-competitive practices in (...)

The Paris Commercial Court authorises production of documents contained in cartel case file in support of an action for damages (Primagaz, Butagaz)
Van Bael & Bellis (Brussels)
On 11 April 2012, the Paris Commercial Court handed down a preliminary judgment, before ruling on the merits of the case, authorising a plaintiff, namely Primagaz, to produce certain documents contained in the French Competition Authority’s case file in support of an action for damages (...)

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)
,
Linklaters (London)
,
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)
,
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 (...)

A Federal jury in San Francisco returns verdicts in rare price-fixing trial of global liquid-crystal displays conspiracy (AU Optronics)
Jones Day (Brussels)
,
Jones Day (Beijing)
,
Jones Day (Tokyo)
Companies and individuals that are accused of price-fixing rarely go to trial. Indeed, in the last 10 years, no corporate defendant (and only a handful of individuals) has elected to litigate an international criminal cartel case in a U.S. court. The vast majority of cases are resolved through (...)

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

The 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)
,
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 maritime agents’ cartel (Portual Commission of Assagenti)
European Commission (Brussels)
Italy: The Italian Competition Authority fines Maritime Agents’ Cartel* On 22 February 2012, the ICA concluded an investigation triggered by a leniency application concerning a cartel in the market for maritime agency services provided in the port of Genoa. Fines totalling more than € 4 000 000 (...)

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 (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 French Competition Authority publishes framework document on competition compliance programmes and notice regarding its antitrust settlement procedure
European Commission (Brussels)
France: The Autorité de la concurrence publishes Framework Document on Competition Compliance Programmes and Notice regarding its Antitrust Settlement Procedure* Following a two-month public consultation, the Autorité de la concurrence (the Autorité) published on 10 February 2012 a framework (...)

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

The Local Court of Bonn strengthens the leniency programme by a decision regarding access to file (Pfleiderer)
European Commission (Brussels)
Germany: Leniency Programme strengthened by Final Decision regarding Access to File* On 30 January 2012, the Local Court of Bonn decided in the “Pfleiderer Case” dealing with access to file for damages claimants and in particular access to leniency applications of cartel participants. The Local (...)

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)
,
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 Slovak Competition Authority fines a washing detergents producer for its participation in a cartel (Henkel, Procter & Gamble)
Van Bael & Bellis (Brussels)
On 4 January 2012, the Slovak Antimonopoly Office imposed a total fine of € 485,000 on Henkel for its participation in a cartel in the washing detergents sector in Slovakia. Procter & Gamble, which blew the whistle on the illegal conduct, benefited from immunity from fines. The (...)

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 European Commission fines producers of refrigeration compressors € 161 million in fifth cartel settlement (Producers of household and commercial refrigeration compressors)
European Commission (Brussels)
European Commission fines Producers of Refrigeration Compressors €161 million in fifth Cartel Settlement* On 7 December 2011, the European Commission has settled a cartel with producers of household and commercial refrigeration compressors that covered the whole European Economic Area (EEA). (...)

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 Turkish Competition Authority applies leniency by granting total immunity and a significant reduction in the amount of fine in a case dealing with anticompetitive cooperation agreements in the air transport sector (SunExpress/Condor)
University of Sussex
This study analyses the decision of the Turkish Competition Authority (TCA) in which it has granted total immunity to SunExpress and reduced the amount of fine of Condor by 50 percent, after SunExpress applied for leniency and disclosed the existence of the agreements it signed with Condor (...)

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 Spanish Competition Authority imposes fines totalling € 18 M on 19 Spanish manufacturers and distributors of fluid pumps (Bombas de Fluidos)
Van Bael & Bellis (Brussels)
On 28 June 2011, the Spanish Competition Authority (“CNC”) announced that it had fined the Spanish Association of Fluid Pump Manufacturers (Asociación Española de Fabricantes de Bombas de Fluidos –“AEFBF”) and 19 manufacturers and/or distributors of fluid pumps a total of € 18 million for engaging 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 EU Court of Justice issues a preliminary ruling on disclosure of leniency documents to third parties heightening concerns about encouraging private enforcement (Pfleiderer)
University of East Anglia - CCP (Norwich)
Article published on Centre for Competition Policy blog. ECJ Ruling in Pfleiderer Heightens Concerns about Encouraging Private Enforcement* The European Court of Justice (ECJ) has ruled that EU Law does not prohibit access to leniency documents by third parties seeking damages. Access should (...)

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

The 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 Mexican Congress passes a bill of amendments to the Mexican competition law
White & Case (Mexico)
,
Rico, Robles, Libenson y Bernal
,
White & Case (Mexico)
Between late April 2011 and early May 2011, the Mexican Congress and President Calderón completed the legislative process initiated in April 2010 to pass a bill of amendments to the Mexican Competition Law (the “Reform”). (The Mexican Competition Law was enacted on December 18, 1992 and became (...)

The Czech Competition Authority reaches settlement with detergent producers in a cartel case while implementing its leniency programme (Henkel, Procter & Gamble, Rakona and Reckitt Benckiser)
Kinstellar (Prague)
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Kinstellar (Prague)
On 10 February 2011, the Czech Competition Authority (the “Competition Authority”) adopted a cartel settlement decision finding that the local subsidiaries of the Henkel, Procter & Gamble and Reckitt Benckiser groups (the “Companies”) had participated in a cartel in respect of the sale of (...)

The European Commission adopts a cartel settlement decision prohibition decision against three major detergent manufacturers (Henkel, Unilever and Procter & Gamble)
European Commission - DG COMP (Brussels)
The Consumer detergents cartel* Introduction On 13 April 2011, the Commission adopted a cartel settlement decision prohibition decision against three major detergent manufacturers: Henkel, Unilever and Procter & Gamble. The Decision finds that they had operated a single and continuous (...)

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

The Lithuanian Competition Council imposes fines totalling € 854 205 on producers of orthopedic products and their association (Actualis, Idemus, Ortobatas)
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 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 (SAIC) issues three substantive regulations on enforcement of the Anti- Monopoly Law
Linklaters (Beijing)
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Linklaters (Shanghai)
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Linklaters (London)
On 7 January 2011, the State Administration for Industry and Commerce (“SAIC”) published three substantive Regulations on enforcement of the Anti- Monopoly Law (“AML”), regarding Monopolistic Agreements, Abuse of Dominance and Abuse of Administrative Powers. In May 2009 and May 2010, SAIC twice (...)

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

The 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 Polish Competition Authority fines 5 companies for resale price maintenance in the paint distribution sector (Akzo Nobel)
Van Bael & Bellis (Brussels)
On 31 December 2010, the Polish Competition Authority adopted a decision finding that Akzo Nobel Coatings (“Akzo Nobel”) and four DIY companies (namely Castorama, Leroy Merlin, Obi and Praktiker) fixed the minimum resale prices of Akzo Nobel paints in Poland between 2004 and 2006. The Polish (...)

The Dutch Competition Authority fines insulated glass manufacturers’ cartel more than € 17 Million (Koninklijke Saint-Gobain Glass Nederland, Scheuten Glas Nederland, Pilkington Benelux)
European Commission (Brussels)
* Article published in ECN Brief 01/2011. The original title of this article appears below the e-Competitions title. Please note that the ECN is not the actual "author" of this case summary, but the mere source. As mentioned by the ECN : "The information provided by the ECN Brief is for (...)

The 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 (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 German Bundeskartellamt imposes first multi-million fines on chemical wholesalers for six regional cartels (BÜFA Chemikalien, Oldenburg, CG Chemikalien, Laatzen, Hanke & Seidel, Steinhagen)
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 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 Hungarian Competition Authority fines undertakings operating in the milling industry for their participation in national cartel (Mills cartel)
King’s College (London)
The Gazdasági Versenyhivatal (GVH – Hungarian Competition Authority) imposed a fine of HUF 2.3 billion (Approx. EUR 8.4 million) on 16 Hungarian undertakings active in the milling industry due to their participation in a hard-core cartel fixing prices and sharing markets. The undertakings that (...)

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 imposes fine on manufacturers of printing chemicals (DC Druck Chemie Holding, Felix Böttcher, Helmut Siegel)
Van Bael & Bellis (Brussels)
According to a press release of 7 October 2010, the German Federal Cartel Office (FCO) has imposed a fine of € 660,000 on two manufacturers of printing chemicals for having concluded anti-competitive agreements. According to the findings of the FCO, over a period of almost 20 years, the (...)

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 UK Competition Authority issues a statement of objections to two banks concerning alleged exchange of confidential information on price (Royal Bank of Scotland, Barclays)
European Commission (Brussels)
United Kingdom: Office of Fair Trading (OFT) proceeds with Loan Pricing Case On 29 September 2010, the OFT issued a Statement of Objections to the Royal Bank of Scotland (RBS) and Barclays in respect of alleged disclosure of confidential and commercially sensitive future pricing information. (...)

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 (...)

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

The European Commission imposes fines of € 518 M on prestressing steel cartel (DWK/Saarstahl, ArcelorMittal)
Van Bael & Bellis (Brussels)
On 30 June 2010, the European Commission issued a decision imposing fines totaling € 518 million on seventeen producers of prestressing steel for their involvement in a long-running price-fixing and market-sharing cartel in breach of Article 101 TFEU. Prestressing steel is used with concrete in (...)

The EU Competition Commissioner announces fines in bathroom fittings cartel tackling the issue of fine discounts on bankruptcy grounds (Artweger, Cisal)
University of East Anglia - CCP (Norwich)
Article published on Centre for Competition Policy blog. Dodgy Plumbing: Why Europe’s Willingness to Grant Bankruptcy Discounts is Bad for Cartel Enforcement* A speech by the European Commissioner for Competition may signal a greater willingness to grant discounts in cartel fines on the (...)

The German Competition Authority fines a cartel of ophthalmic lenses manufacturers (Rodenstock)
European Commission (Brussels)
Germany: Manufacturers of Ophthalmic Lenseh es Cartel fined On 10 June 2010, the Bundeskartellamt imposed fines totalling € 115,000,000 on five leading manufacturers of ophthalmic lenses in Germany (Rodenstock GmbH, Munich, Carl Zeiss Vision GmbH, Aalen, Essilor GmbH, Freiburg, Rupp+Hubrach (...)

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 Chinese Anti-Monopoly Law Enforcer publishes new draft rules on monopoly agreements
Jones Day (Beijing)
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Gibson Dunn (Hong Kong)
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Jones Day (Beijing)
On May 25, 2010, the State Administration of Industry and Commerce ("SAIC") published for public comment three sets of draft rules. These (1) "monopoly agreements," that is, anticompetitive agreements, (2) abuses of dominant market position, and (3) "administrative monopolies," anticompetitive (...)

The Polish Competition Authority fines members of a price maintenance agreement on the paint market (Tikkurila, Castorama, Praktiker)
Greenberg Traurig Grzesiak (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 European Commission reaches first cartel settlement and imposes fines in the DRAM industry (Micron, Infineon)
Winston & Strawn (New York)
On May 19, 2010, the EC announced that, for the first time, it had resolved a cartel case through the use of its settlement procedure. The groundbreaking settlement resolved the EC’s investigation of ten producers of Dynamic Random Access Memory (“DRAM”) chips used in computers and servers. As the (...)

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

The 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 Austrian Supreme Court rules on the requirements for granting the Federal Cartel Authority a search warrant to enter the premises of an attorney suspected of possessing relevant document in a cartel case (Fire Trucks II)
Salzburg University
1. Background This case follows on from the proceedings 16 Ok 7/09 in which the Federal Cartel Authority (Bundeskarellamt) investigated four undertakings for participating in collusive practices pursuant to Art 101 TFEU by dividing up their market share. The four undertakings had consulted (...)

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 Chinese Competition Authorities publish first decision against price cartel under new anti-monopoly law (Guangxi)
Jones Day (Beijing)
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Gibson Dunn (Hong Kong)
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Jones Day (Beijing)
China’s competition law enforcement authorities published their first decision against a price cartel on March 30, 2010, more than one and a half years after the Anti-Monopoly Law (AML) came into effect. This action against domestic rice noodle producers was reported by the National Development (...)

The Austrian Competition Authority files an application for the imposition of fines against a cartel in the freight forwarding sector (Speditions-Sammelladungs-Konferenz)
European Commission (Brussels)
Austria: The Federal Competition Authority (BWB)’s Investigation of the Freight Forwarding Sector: another Cartel uncovered On 18 February 2010, the Federal Competition Authority (BWB) filed an application to the Cartel Court for the imposition of fines against all members of the association (...)

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 German Federal Cartel Office imposes total fines of € 159.5 million on coffee roasters (Tchibo, Melitta Kaffee, Bremen, Dallmayr Kaffee)
Van Bael & Bellis (Brussels)
According to a press release of 12 January 2010, the German Federal Cartel Office (FCO) has fined three German coffee roasters, Tchibo GmbH, Melitta Kaffee GmbH, Bremen and Dallmayr Kaffee oHG, as well as six of their employees, a total of € 159.5 million for horizontal price fixing. The FCO’s (...)

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 individual managers for the first time in a cartel in the catering and related services and grants full exemption under leniency (Eurest, Trivalor, Uniself, ICA/Nordigal, Sodexo Portugal)
University College London
The competition authority in Portugal (Autoridade da Concorrência - AdC) decided last December 30, 2009 to condemn five companies for harmful anticompetitive practices in the market of meals (catering) and services of administration and exploration of refectories, canteens or restaurants. The (...)

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 Commission fines plastic additives manufacturers for price fixing and market sharing cartels (Akzo Nobel , Elementis, Elf Aquitaine, BASF)
European Commission - DG COMP (Brussels)
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European Commission - DG COMP (Brussels)
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European Commission - DG COMP (Brussels)
"The heat stabilisers cartels"* I. Introduction On 11 November 2009, the Commission adopted a prohibition decision against suppliers of tin stabilisers and ESBO/esters (two types of heat stabilisers) and one consultancy firm. The Decision found that they had operated two single and continuous (...)

The Tokyo District Court fines three galvanized steel sheet companies and six former sales executives guilty of violating Japan’s Antimonopoly Act for participating in a price-fixing cartel (Nisshin, NSS and JFE)
O’Melveny & Myers (Tokyo)
On September 15, 2009, the Tokyo District Court found three galvanized steel sheet companies and six former sales executives guilty of violating Japan’s Antimonopoly Act (“AMA”) for participating in a price-fixing cartel. According to publicly available sources, including prosecution materials (...)

The Greek Parliament criminalizes horizontal competition law infringements
Van Bael & Bellis (Brussels)
On 7 September 2009, a revised Greek competition law regime came into effect, implementing important changes to the competition rules. Under the new regime, individuals who have concluded agreements or have been involved in decisions or concerted practices that: (i) are prohibited by Article 81 (...)

The Swedish Competition Authority fines cartel member through new injunction procedure for the first time (Rundvirke Poles)
Van Bael & Bellis (Brussels)
On 8 July 2009, the Swedish Competition Authority (the SCA) imposed a fine of SEK 2 million (around € 181,000) on Rundvirke Poles AB, a telephone pylon manufacturer, for price-fixing and market sharing with its competitor, ScanPole Sverige AB, in relation to the procurement of overhead (...)

The Australian Senate passes a bill that introduces new criminal and civil offenses on cartel conduct (Trade Practices Amendment - Cartel Conduct and Other measures - Bill 2009)
Winston & Strawn (New York)
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Jones Day (Sydney)
Following the international trend towards criminalizing cartel offenses, the Australian Senate passed a bill on June 16 that amends the key antitrust law in Australia, the Trade Practices Act 1974, by introducing parallel civil and criminal sanctions on cartel conduct. The Trade Practices (...)

The Japanese Parliament passes amendments to the Anti-Monopoly Act to strengthen cartel enforcement and expand the scope of single-firm conduct subject to fines
Winston & Strawn (New York)
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Jones Day (Tokyo)
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Jones Day (Tokyo)
On June 3, 2009, the Japanese Diet passed a bill that will amend the Japanese Anti-Monopoly Act (“Amendments”) to impose larger surcharges (administrative fines) on companies engaged in cartels and certain types of unilateral conduct and increased prison sentences for individuals participating in (...)

The German Competition Authority imposes fines on pharmaceutical companies for price fixing (Grünenthal and Infectopharm)
Van Bael & Bellis (Brussels)
According to a press release of 7 May 2009, the German Federal Cartel Office (FCO) refrained from imposing a fine on two pharmaceutical companies, Grünenthal GmbH and Infectopharm GmbH, which had illegally agreed on prices for colistin-based antibiotics. Following Grünenthal GmbH’s leniency (...)

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 Turkish Competition Authority’s member of the board expresses dissenting opinion in relation to the legality of the fines imposed according to the newly adopted fining regulations
Stories on the Fining Regulation (1): Can Anyone Spot The Difference?* The story begins in January 2008 by the amendments made to the Competition Act. These amendments mainly contain the inclusion of the leniency and the possibility of imposition of fines on individuals. Apart from that, the (...)

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 Antitrust Division adopts revised leniency program to restricts corporate options in responding to cartel allegations
Miller & Chevalier
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Paul Hastings (Washington)
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In direct response to the Department of Justice Antitrust Division’s loss in the controversial Stolt-Nielsen criminal antitrust case, the Antitrust Division revised its leniency policy. The Division has prepared revised Model Leniency Letters and issued an explanatory document entitled (...)

The US DOJ issues new guidance on its antitrust criminal leniency program
Jones Day (Washington)
,
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 German FCO imposes fine of € 15.6 M on supplier of road salt (Südsalz)
Van Bael & Bellis (Brussels)
According to a press release of 12 November 2008, the German Federal Cartel Office (FCO) has fined Südsalz GmbH € 15.6 million for fixing prices in the regions of Southern Bavaria and Baden-Württemberg and allocating sales territories in Southern Germany in the market for road salt. The (...)

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

The 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)
Greenberg Traurig Grzesiak (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 three companies nearly € 1.5 M for price fixing, market sharing and output-limitation in the chemical industry and applies leniency (Bayer - Ferro - Lonza and Solutia Europe)
European Commission - DG COMP (Brussels)
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European Commission - DG COMP (Brussels)
On 4 April 2008, the Belgian Competition Council found the three biggest producers of Butyl Benzyl Phthalate (BBP) - i.e. Bayer, Ferro and Solutia Europe - and a distributor (Lonza) guilty of fixing price, market-sharing, limiting output and exchanging strategic information. BBP is a chemical (...)

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, (...)

The European Commission fines international removal services companies (Allied Arthur Pierre, Ziegler..,)
Van Bael & Bellis (Brussels)
On 11 March 2008, the European Commission announced that it had imposed fines totalling € 32,755,500 on ten international removals companies for price fixing, market sharing and bid rigging in the field of international removals services in breach of Article 81 EC. The case was investigated at (...)

The UK OFT announces financial incentives for information regarding cartel activity
Linklaters (London)
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Linklaters (London)
The OFT published details today of ground-breaking plans to offer rewards of up to £100,000 for the provision of information on cartel activity. The OFT is one of the first anti-trust regulators to introduce such reward payments, and the move marks a further escalation of the OFT’s (...)

The Japan Fair Trade Commission issues cease and desist orders and imposes surcharges on marine hose manufacturers for market sharing and price-fixing cartel and makes a cease and desist order against them (Bridgestone Corporation)
Japan Fair Trade Commission (Tokyo)
Cease and Desist Order and Surcharge Payment Order against Marine Hose Manufacturers* The Japan Fair Trade Commission (hereinafter “JFTC”) had investigated entrepreneurs manufacturing and selling Marine Hose in accordance with the provisions of the Act on Prohibition of Private Monopolization (...)

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 Slovak competition authority fines an international cartel while granting leniency (GIS-cartel case)
Havel, Holasek & Partners (Brno)
I. Relevant facts In the following decision, the Slovak Antimonopoly Office stated that the agreement between competitors restricted competition. The competitors coordinated their behaviour by pricing, dividing the markets, maintaining market shares, and limiting themselves in contracting, 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 Competition Council applies its leniency programme for the second time (Allied Arthur Pierre, Maison Huet)
Van Bael & Bellis (Brussels)
On 18 December 2007, the French Competition Council imposed fines totalling more than € 2 million on twelve removal companies for their involvement in a price-fixing and market-sharing cartel, but granted total immunity to two companies which had revealed the existence of the cartel. The (...)

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)
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Eversheds Sutherland (Paris)
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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 Japan Fair Trade Commission imposes surcharges on participants in bidding for the subway construction project and applies its leniency program (City of Nagoya)
Japan Fair Trade Commission (Tokyo)
Cease and Desist Order and Surcharge Payment Order Against Corporate Bidders for the Subway Construction Project Commissioned by the City of Nagoya* The Japan Fair Trade Commission (JFTC), in accordance with the provisions of the Antimonopoly Act (AMA), investigated the corporate bidders for (...)

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

The 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
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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 Antitrust Authority applies for the first time the new leniency programme by granting complete exemption from fine (Produttori di pannelli truciolari in legno)
Gattai, Minoli, Agostinelli, Partners (Roma)
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Linklaters (Milan)
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 Four years after the Communication of the Commission on immunities and fines and after (...)

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
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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 Bulgarian Competition Authority holds than an exclusive and indefinite duration brand licence is valid as it does not aim at restricting or distorting competition but also grants leniency (Unilever - Kaliakra)
In a potentially far-reaching case, the Bulgarian Commission for the Protection of Competition (the Commission or CPC) addressed the balance between licensing rights and competition regulation. In 2000, a well-established Bulgarian producer of vegetal oils and fats, Kaliakra AD (Kaliakra), (...)

The European Commission fines cartel in the elevators and escalators sector (Otis, KONE, Schindler and ThyssenKrupp)
European Wind Energy Association (EWEA)
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Gibson Dunn (Brussels)
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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)
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European Commission - DG COMP (Brussels)
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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)
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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)
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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)
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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)
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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 NCA imposes record fines for price fixing agreement between supermarkets and a paints and varnishes producer (Polifarb Cieszyn-Wroclaw)
Gide Loyrette Nouel
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Sdzlegal Schindhelm (Wroclaw)
Office for Competition and Consumer Protection (Urzedu Ochrony Konkurencji i Konsumentów), 18 September 2006, n° DOK 107/06, concerning anticompetitive agreement concluded between Polifarb Cieszyn-Wroclaw and seven building materials supermarkets On 18 September 2006, the President of the Office (...)

The Polish Competition Authority imposes record-breaking fines for resale price maintenance agreement on paints market (Polifarb Cieszyn-Wroclaw)
Greenberg Traurig Grzesiak (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 Polish NCA imposes record fines for resale price maintenance after a detailed assessment of the trade between member States criterion (Polifarb Cieszyn-Wroclaw)
French National Research Agency (ANR)
In the beginning of 2005, Polifarb Cieszyn- Wroclaw S. A. (hereafter : Polifarb), a producer of paints and varnishes, proposed to seven building materials supermarkets, namely, Praktiker, Obi, Castorama, Leroy Merlin, Nomi, Platforma and Bricomarché, a so called “stabilization discount”. The (...)

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

The 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
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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 Japan Fair Trade Commission imposes surcharges on participants in bidding for tunnel ventilation construction and applies for the first time its leniency program (Ebara and Hitachi)
Japan Fair Trade Commission (Tokyo)
The JFTC ordered surcharge payment against 4 participants in the bid-rigging for tunnel ventilation construction* The Japan Fair Trade Commission (hereinafter “JFTC”), based on the provisions in the Antimonopoly Act, had investigated bid participants for tunnel ventilation construction (...)

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)
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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)
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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)
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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 (...)