Margin squeeze

Dominance

The UK Competition Commission clears entertainment industry merger for second time without remedies following appeal to the Competition Appeal Tribunal (Live Nation / Ticketmaster)
Oxera (London)
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Oxera (London)
On May 7th 2010, the UK Competition Commission (CC) cleared unconditionally the completed merger between Ticketmaster Entertainment, Inc (Ticketmaster) and Live Nation, Inc (Live Nation). The case had previously been cleared by the CC in December 2009, but following a successful appeal by a (...)

EU Court of Justice Advocate General Wahl delivers his opinion in a case regarding rebates and calls for a new approach to Article 102 (Intel)
Baker McKenzie (Brussels)
Call for a common-sense approach to Article 102 - Advocate General Wahl on Intel* If AG Kokott in Post Danmark II was a 102 hawk – ordoliberal-redux, fossilizing form over function, economics on the “too difficult pile” for authorities and courts – then AG Wahl firmly sets out his stall as the 102 (...)

The Higher Regional Court of Düsseldorf rejects an appeal lodged by the German incumbent postal services operator, against a decision of the Federal Cartel Office in an abuse of dominance case (Deutsche Post)
Van Bael & Bellis (Brussels)
In a recently published decision of 6 April 2016, the Higher Regional Court of Düsseldorf (“Court”) rejected an appeal lodged by Deutsche Post AG (“DPAG”), Germany’s incumbent postal services operator, against a decision of the German Federal Cartel Office (“FCO”). By decision of 2 July 2015, the FCO (...)

The Portuguese Competition Authority fines an association of pharmacists for abuse of dominance on the pharmacies’ commercial data market (ANF)
Portuguese Competition Authority (Lisbon)
The Portuguese Competition Authority fined ANF Group for abusing its dominant position* The Portuguese Competition Authority (PCA) has imposed fines of € 10.340.000 on ANF (Associação Nacional das Farmácias) and three companies of the ANF Group (Farminveste – S.G.P.S., S.A., Farminveste – (...)

The EU Court of Justice rules on whether a retroactive loyalty rebates scheme is liable to have an exclusionary effect (Post Danmark II)
Quinn Emanuel Urquhart & Sullivan (Brussels)
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Quinn Emanuel Urquhart & Sullivan (Brussels)
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Quinn Emanuel Urquhart & Sullivan (Brussels)
The EU Court of Justice has handed down its much-awaited preliminary ruling in Post Danmark II . This ruling marks an ‘evolution’ rather than a ‘revolution’ in the assessment of rebates under Article 102 TFEU. While regrettably unclear in certain passages, some aspects of the Court of Justice’s (...)

The EU Court of Justice rules on retroactive loyalty rebates (Post Danmark II)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
On October 6, 2015, the European Court of Justice (the ECJ) issued an important judgment clarifying the application of Article 102 to retroactive loyalty rebates (Post Danmark AS, Case C 23/14). The case, which had been referred to the ECJ by the Danish Commercial Court, concerned rebates for (...)

The Spanish High Court issues landmark judgment on the need to establish foreclosure effects of a margin squeeze (Correos)
Linklaters (Madrid)
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Linklaters (Madrid)
1 Introduction On 21 January 2014, the Spanish Markets and Competition Commission (“CNMC”) imposed a fine of €8,170,000 on the Spanish postal service incumbent Sociedad Estatal Correos y Telégrafos, S.A. (“Correos) for allegedly abusing its dominant position on the wholesale market for postal (...)

The European Commission hits telecoms with fines of 70 millions euros for abusing the Slovak broadband market (Slovak Telecom)
Constantine Cannon (London)
European Commission Hits Telecoms With Fines Of 70 Million Euros For Abusing Slovak Broadband Market* Co-written by Yulia Tosheva. The European Commission has signalled that it is not dialing down its scrutiny of the telecommunications sector by imposing fines totalling 70 million euros on (...)

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

The Lazio Administrative Court upholds a fine of €103.8 million for abuse of dominant position in the telecom sector (Telecom Italia)
Van Bael & Bellis (Brussels)
On 8 May 2014, the Lazio Administrative Court (LAC) handed down its judgment upholding the decision of the Italian Competition Authority (ICA) of 9 May 2013, which had imposed a fine of approximately €103.8 million on Telecom Italia for abuse of a dominant position on the Italian (...)

The Italian Competition Authority closes an Article 102 TFEU investigation against the incumbent in the high speed rail market with a commitment decision (NTV/Fs/High speed trains)
Desogus Law Office (Cagliari)
The Italian Competition Authority (ICA) has recently closed by a commitment decision an Article 102 TFEU investigation it had opened last year against the previous rail monopolist, the Ferrovie dello Stato (FS) group . In the NTV/Fs/Ostacoli all’accesso al mercato dei servizi passeggeri ad alta (...)

The Spanish Competition Authority fines a postal service provider in margin squeeze case (Correos)
European Commission
Spain: The Comisión Nacional de los Mercados y la Competencia fines Correos in Margin Squeeze Case* On 21 January 2014, the Comisión Nacional de los Mercados y la Competencia (CNMC) imposed a fine of € 8 170 000 on the postal service provider Sociedad Estatal Correos y Telégrafos S.A. (Correos) (...)

The Italian Court awards to a local telecom operator damages in a follow-on case of a margin squeeze decision against the incumbent operator (Brennercom / Telecom Italia)
Studio Legale Scoccini E Associati
Introduction On the December 27 2013, the Enterprises Court of Milan awarded damages to Brennercom, a fixed-line telecom operator active in the north-east of Italy, in respect of a claim brought against Telecom Italia. This case arose as a follow-on action from a decision of the Italian (...)

The Danish Competition Council accepts commitments from domestic telecom company referring to margin squeeze practices (TDC)
Danish Competition and Consumer Authority (Copenhagen)
The Danish Competition Council Accepts Commitments from Denmark’s Largest Broadband Provider* On 18 December 2013 the Danish Competition Council accepted commitments from the Danish telecom-incumbent TDC A/S on the basis of concerns that TDC A/S had potentially abused its dominant position on (...)

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

The Competition Tribunal of South Africa confirms the second significant administrative penalty imposed on the national incumbent provider of fixed line telecommunication services for engaging in the practice of margin squeeze (Telkom)
Nortons Incorporated
South Africa: Telkom fined again…* South Africa’s Competition Tribunal had a busy week last week tasked with considering the proposed penalties for the various construction companies and also confirming the second significant administrative penalty on South Africa’s incumbent provider of fixed (...)

The Italian Competition Authority opens an investigation against the incumbent railway operator for breach of Art 102 TFUE (Ferrovie dello Stato)
Bonelli Erede (Rome)
By its decision of 22 May 2013, the Italian Competition Authority (‘ICA’) initiated an investigation against the incumbent Italian railway operator Ferrovie dello Stato group in order to verify if, through its subsidiaries RFI, Trenitalia, Grandistazioni, Centostazioni and FS Sistemi Urbani (...)

The Italian Competition Authority opens an investigation against the incumbent railway undertaking for abuse of dominant position in the high speed rail market (NTV v FS)
Desogus Law Office (Cagliari)
By a decision made on 22 May 2013, the Italian Competition Authority (ICA) has opened an enquiry to establish whether the previous rail monopolist, the Ferrovie dello Stato (FS) group, had abused its dominant position in the market for high speed rail services. The ICA decision was based on a (...)

The Italian Competition Authority fines Italy’s largest telecoms operator for creating obstacles for competitors trying to access infrastructure networks (Telecom Italia)
Simmons & Simmons (Milano)
In brief €103.8m fine for Telecom Italia in abuse of dominance case Findings of discrimination against competitors and margin squeeze Italian Competition Authority continues to focus on the Italian telecommunications market, as Telecom Italia faces a difficult challenge to protect its (...)

The Italian Competition Authority fines incumbent telecom operator approximately EUR 104 M for ‘constructive’ refusal to supply and margin squeeze (Wind - Fastweb / Telecom Italia)
Bonelli Erede (Rome)
On 9 May 2013, the Italian Competition Authority (the ’ICA’) adopted an infringement decision against Telecom Italia (’Telecom’) fining the incumbent operator approximately EUR 104 million for having abused its dominant position in the voice communications and broadband internet access services (...)

The Swedish Court of Appeal endorses the EU Court of Justice’s finding of abuse of dominance in margin squeeze case (TeliaSonera)
Mircea & Partners (Bucharest)
I. Introduction On the 17 of February 2011 the Court of Justice of the European Union released its preliminary ruling in Case C-52/09 Konkurrensverket v TeliaSonera. At the origin of this litigation we could find an application for summons issued by Konkurrensverket on 21 December 2004. After (...)

The Cypriot Commission for the Protection of Competition imposes fines on the national vertically integrated communications provider as a result of charging high prices regarding the supply of international capacity through the SMW-3 submarine fiber optic cable system (Primetel/CYTA)
Commission for the Protection of Competition of the Republic of Cyprus
The Commission for the Protection of Competition (CPC) decided to impose a fine on Cyprus Telecommunications Authority (CYTA) amounting to €295.277,00 regarding the infringement of section 6 (1) (a) of the Protection of Competition Law (L. 13(I)/2008) in relation to the examination of a (...)

The Cyprus Commission for the Protection of Competition rules the absence of abuse of dominance by the incumbent on the in the Cypriot mobile telephony sector (Areeba / CYTA)
Neocleous
CY24 Areeba Ltd against Cyprus Telecommunications 22.03.13 www.competition.gov.cy — NCA, abuse of dominance Authority Case number 11.17.10/2005 The case concerned the re-examination and re-assessment of the complaint lodged/filed by Areeba Ltd (hereinafter referred to as “Areeba” and/ or (...)

The French Competition Authority imposes fines on two companies for implementing anticompetitive practices in the mobile telephony sector (Orange and SFR)
French Competition Authority (Paris)
Press release published on the official website of the French Competition Authority. The Autorité de la concurrence fines Orange and SFR a total of €183 million for implementing anticompetitive practices in the mobile telephony sector. Orange and SFR marketed offerings, mainly between 2005 and (...)

The Belgium Competition Council decides there are no grounds for action against the incumbent telecom operator for the launch of new tariff plan for fixed telephony services (Belgacom)
European Commission
Belgium : The Belgium Competition Council decides there are no grounds for action against Belgacom for the launch of Happy Time Tariff Plan for fixed Telephony Services* On 29 November 2012, the Competition Council (the Council) concluded that on the basis of the information in its possession (...)

The Belgian Competition Council’s College of Prosecutors dismisses complaints against telecom operator for abusing its dominant position in the market for fixed telephony, due to margin squeeze on its "Happy Time offer" (Tele2 / Belgacom)
Liège University - IEJE
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Altius (Brussels)
I. The Parties Belgacom S.A. is the incumbent operator on the Belgian telecom market and former historical operator. In 2005, Tele2 was a 100% subsidiary of a Swedish company. In the meantime, this company was sold to KPN, a Dutch company, in 2007. II. The Facts Access to the telecommunication (...)

The Macedonian High Administrative Court upholds the decision of the Macedonian Competition Authority prosecuting the incumbent telecom operator for establishing high prices for its digital lines leased to the rival Internet providers (Macedonian Telecom)
University of Technology (Tallinn)
On 7 November 2012 the Macedonian High Administrative Court (VUS) upheld the infringement decision of the Macedonian Competition Authority (KZK) where the latter found that the incumbent telecom operator Macedonian Telecom has infringed national equivalent of Article 102 TFEU by establishing (...)

The French Competition Authority issues a first commitment decision concerning competition concerns in the Internet connectivity market (France Telecom, Cogent)
European Commission
France: First Commitment Decision related to Internet Neutrality issued by the Autorité de la concurrence* On 20 September 2012, the Autorité de la concurrence (the Autorité) issued for the first time a commitment decision concerning competition concerns relating to certain restrictions allegedly (...)

The Brussels Court of Appeal rules that the right to have access to a file implies the right to obtain a copy of the documents in that file (Belgacom, KPN Group Belgium, Mobistar)
Ravago group
In its judgment of 29 May 2012 the Court of Appeal of Brussels decided that a party that was granted access to the procedural file of the national competition authority within the framework of an appeal procedure, should also have the right to obtain a copy of the documents that are part of (...)

The EU Commission sends statement of objections to telecom operators regarding their behaviour on several wholesale broadband markets in Slovakia (Slovak Telekom, Deutsche Telekom)
Van Bael & Bellis (Brussels)
On 8 May 2012, the European Commission announced that it had issued a statement of objections to Slovak Telekom a.s. and its parent company, Deutsche Telekom AG, regarding their behaviour on several wholesale broadband markets in Slovakia. According to the Commission’s press release, the (...)

The EU General Court establishes the responsibility of a dominant undertaking to prevent the margin squeeze within the limits imposed by ex-ante regulation (Telefónica)
Blackstone Chambers
Ex ante and ex post regulation following Telefónica* Hats off to Spain for having the nerve to suggest that it might have been a better target for the Commission’s attention than Telefónica, the former monopoly telecoms provider recently fined over €150 million for committing a margin squeeze in (...)

The Czech Régional Court of Brno holds that a request for information is inadmissible only if clearly excessive in a case concerning an abuse of dominance in the telecom sector (Telefonica)
Kinstellar (Prague)
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Kinstellar (Prague)
Subject matter of the case In March 2011, the Office for Protection of Competition (the “Office”) initiated administrative proceedings against Telefónica Czech Republic (“Telefónica“) for alleged abuse of dominant position by means of a margin squeeze in the market of access to Internet services (...)

The EU General Court dismisses Spain’s appeal against the Commission’s infringement decision that held national telecom incumbent liable for an abusive margin squeeze in the regulated Spanish broadband market (Spain / Commission)
German Federal Financial Supervisory Authority (Bundesanstalt für Finanzdienstleistungsaufsicht )
On 29 March 2012 the General Court ("GC") of the European Union dismissed an appeal lodged by the Spanish state against a Commission decision of 4 July 2007 that imposed a €151 million fine on Telefónica for a margin squeeze in the Spanish broadband market. The GC’s judgment confirms the (...)

The EU General Court dismisses Spanish telecom incumbent’s appeal against a Commission decision that imposed a €151 million fine on the company for a margin squeeze in the regulated national broadband market (Telefónica)
German Federal Financial Supervisory Authority (Bundesanstalt für Finanzdienstleistungsaufsicht )
On 29 March 2012 the General Court (“GC”) of the European Union dismissed an appeal lodged by Telefónica and its wholly owned subsidiary Telefónica España (hereinafter “Telefónica”) against a Commission decision of 4 July 2007 that imposed a €151 million fine on the company for having abused its (...)

The French Civil Supreme Court invalidates the restrictive interpretation of the concept of the effect on trade between member States (Orange Caraïbe)
Vogel & Vogel
In 2004, Orange Caraïbe was subject to protective measures in order to put an end to anticompetitive practices on the mobile phone market in the French Caribbean. Five years later, the Competition Authority (AdlC) handed down a 63 million euro fine to Groupe France Telecom. On 23 September 2010, (...)

A Swedish Court orders a telecoms operator to pay a fine of approximately € 15 000 000 for infringing art. 102 TFEU (Telia Sonera)
European Commission
Sweden: The Stockholm City Court orders Telia Sonera to pay a Fine of approximately € 15 000 000 for infringing Article 102 TFEU* On 2 December 2011, the Stockholm City Court (the City Court) ordered Telia Sonera Sverige AB (Telia Sonera) to pay an administrative fine amounting to SEK 144 000 (...)

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

A Norwegian District Court dismisses a counter-claim against a subsidiary of the incumbent railway operator for abusing its dominant position (CargoNet, CargoLink)
BA-HR
In a judgment handed down on 24 June 2011, the Drammen District Court dismissed a counter-claim entered by railway operator CargoLink AS («Cargolink«) against fellow operator CargoNet AS («CargoNet«). Cargolink alleged that it had suffered economic losses as a result of CargoNet‘s abuse of (...)

The Swedish Market Court prohibits the national postal operator’s rebate system and made its decision subject to the penalty of a fine of SEK 100 million (Posten)
Vinge (Stockholm)
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Cosmetics Europe
Introduction The claimant, Bring CityMail Sweden AB (“CityMail”) brought a claim against the Swedish Post (“Posten”), arguing that the discounts offered by Posten to its clients had foreclosure effects. The Market Court placed the burden of proof on Posten to prove that the discount programme was (...)

The Swedish Market Court finds that national postal operator abused its dominant position in the market for bulk mail deliveries (Bring CityMail Sweden / Posten Meddelande)
Stockholm University
In a ruling of 8 June 2011, the Swedish Market Court prohibits the national postal operator Posten from applying a worksharing discount system on certain bulk mail deliveries. The discount system is found to have foreclosing effects, and its application constitutes an abuse of Posten‘s dominant (...)

A US District Court denies a motion to dismiss allegations of a price squeeze implemented through the granting of secret rebates to the plaintiff’s customers on the market for resailing of paper bag products (Western Pacific Kraft / Duro Bag)
Sheppard Mullin (Los Angeles)
In Secret Rebate Case, If It Walks Like A Duck, Allegations That It Will Also Quack Are Plausible* On May 24, 2011, United States District Court, Central District of California, denied a motion to dismiss allegations of a "price squeeze" implemented through the granting of secret rebates to (...)

A US district court, relying on ’common sense’, denies a motion to dismiss allegations of a ’price squeeze’ in the paper bags industry (WPK / Duro)
Womble Carlyle Sandridge & Rice (Washington D.C.)
California Court Relies on “Common Sense” in Rejecting Twombley Challenge* Perhaps there is life for conclusory antitrust claims after Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007). On May 24, the United States District Court for the Central District of California denied a motion to (...)

The Belgian Competition Council returns a case to the College of Prosecutors for having failed to consider the repeated nature of an abuse of dominance in the pharmaceutical sector (Omega Pharma)
Philippe & Partners (Brussels)
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Arendt & Medernach (Luxembourg)
I. The parties The plaintiff is an independent Belgian dispensing chemist. The defendant is Omega Pharma NV (here after “Omega Pharma”) an important supplier of raw material and packaging products also active in the field of “Over-The-Counter” products (OTC-products). The decision analysed is (...)

The EU Court of Justice issues a preliminary ruling in a case concerning price squeeze abuses providing clear guidance on this issue (TeliaSonera)
Jones Day (Brussels)
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Jones Day (Brussels)
On 17 February 2011, the European Union Court of Justice ("CJ") issued a preliminary ruling in an ongoing case concerning price squeeze abuses. Questions were referred to the CJ from the Stockholm District Court, which has before it a case between Swedish telecommunications company TeliaSonera (...)

The EU Court of Justice clarifies the scope of the law in relation to pricing practices of vertically integrated companies in the telecommunications sector (TeliaSonera)
McDermott Will & Emery (Brussels)
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Siemens
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Jones Day (Brussels)
This article is the winner for the business category, economics section of the 2012 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Introduction On 17 February 2011, the European Court of Justice (ECJ) – on a reference for a preliminary ruling by the (...)

The EU Court of Justice clarifies the scope of the law in relation to pricing practices of vertically integrated companies in the telecommunications sector (TeliaSonera)
McDermott Will & Emery (Brussels)
,
Siemens
,
Jones Day (Brussels)
This article is the winner for the business category, economics section of the 2012 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Introduction On 17 February 2011, the European Court of Justice (ECJ) – on a reference for a preliminary ruling by the (...)

The European Court of Justice clarifies the scope of the law in relation to pricing practices of vertically integrated companies in the telecommunications sector (TeliaSonera)
McDermott Will & Emery (Brussels)
,
Siemens
,
Jones Day (Brussels)
This article is the winner for the business category, economics section of the 2012 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Introduction On 17 February 2011, the European Court of Justice (ECJ) – on a reference for a preliminary ruling by the (...)

The EU Court of Justice holds a preliminary ruling in a margin squeeze case in the telecomunications sector (TeliaSonera Sverige)
Airbus Defence and Space (Toulouse)
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European Commission - DG CNECT
The opinions expressed in this article are the personal views of the individual authors and do not necessarily represent the views of the employers of the authors. Warm thanks are expressed to Dilip Roy, Ben Harries and Simon Maunder for their contribution to this paper. Background Until the (...)

The EU Court of Justice holds a decision on margin squeeze in the telecomunications sector addressing the issue of indispensability (TeliaSonera)
Cleary Gottlieb Steen & Hamilton (Brussels)
How Indispensable Is Indispensability?* In its recent TeliaSonera judgment, the Court of Justice discusses whether a margin squeeze can only be abusive if the dominant company has a duty to supply the input at issue. The Court concludes that a duty to supply is not needed. The judgment, (...)

The EU Court of Justice holds a decision on margin squeeze in the telecomunications sector addressing the issue of indispensability (TeliaSonera)
Cleary Gottlieb Steen & Hamilton (Brussels)
How Indispensable Is Indispensability?* In its recent TeliaSonera judgment, the Court of Justice discusses whether a margin squeeze can only be abusive if the dominant company has a duty to supply the input at issue. The Court concludes that a duty to supply is not needed. The judgment, (...)

The European Court of Justice holds a decision on margin squeeze in the telecomunications sector addressing the issue of indispensability (TeliaSonera)
Cleary Gottlieb Steen & Hamilton (Brussels)
How Indispensable Is Indispensability?* In its recent TeliaSonera judgment, the Court of Justice discusses whether a margin squeeze can only be abusive if the dominant company has a duty to supply the input at issue. The Court concludes that a duty to supply is not needed. The judgment, (...)

The Swedish Competition Authority welcomes the EU Court of Justice preliminary ruling on "margin squeeze" as a stand alone antitrust abuse in the telecom sector (TeliaSonera)
European Commission
Sweden: The Competition Authority welcomes ECJ Judgment on Competition in the Telecom Sector* The Swedish Competition Authority (the Authority) welcomes the Judgment of the European Court of Justice (ECJ) of 17 February 2011 in the case C-52/09, Konkurrensverket against TeliaSonera Sverige AB. (...)

The European Court of Justice holds a decision on margin squeezes in the telecomunications sector addressing the issue of indispensability (TeliaSonera)
Cleary Gottlieb Steen & Hamilton (Brussels)
How Indispensable Is Indispensability?* In its recent TeliaSonera judgment, the Court of Justice discusses whether a margin squeeze can only be abusive if the dominant company has a duty to supply the input at issue. The Court concludes that a duty to supply is not needed. The judgment, (...)

The Hellenic Competition Commission dismisses the allegations of abuse of the relationship of economic dependency and anti-competitive behaviour launched by an office materials distributor against a leading office materials producer (Dakos/Brother International Europe)
University College London
The undertakings In 2008 ‘‘Dakos.S.A.’’ brought a complaint against ‘‘Brother International Europe Ltd’’ alleging breach of article 1(1) and 2(a) of Greek law 703/77 on the control of monopolies and oligopolies and the protection of free competition, as well as article 101 TFEU. The Hellenic (...)

The Paris Court of Appeal quashes the decision of the French Competition Authority in a margin squeeze case (SFR-France Telecom)
Keller and Heckman (Paris)
On 27th January 2011, the Paris Court of Appeal, following two remands from the Supreme Court, finally handed down a decision confirming the last decision of the French Supreme Court (Cour de cassation)in the margin squeeze case in the telecom sector. In its last decision, the Supreme Court set (...)

The Bosnian & Herzegovinan Competition Authority closes the investigation into the alleged margin squeeze practices of the incumbent telecom operator (BH Telecom)
University of Technology (Tallinn)
On 4 November 2010 the Competition Authority of Bosnia & Herzegovina (KV) closed its investigation into the alleged abuse of dominant position on the part of the incumbent telecom operator BH Telecom. The KV‘s investigation was prompted by a complaint lodged by an independent telecom (...)

The EU Court of Justice upholds the €12.6 million fine imposed by the EU Commission for abuse of dominant position in the German telephony fixed market (Deutsche Telekom)
Dentons (Brussels)
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BDO Legal Rechtsanwaltsgesellschaft mbH
On October 14, the Court of Justice of the European Union (the Court) issued its judgment in Deutsche Telekom AG vs. Commission (Case C-280/08 P, hereinafter the “Judgment”) dismissing an appeal brought by Deutsche Telekom AG (Telekom) against a judgment of the Court of First Instance (now the (...)

The EU Court of justice rules on predatory pricing in the form of price squeeze (Deutsche Telekom)
General Court of the European Union (Luxembourg)
The case discussed in this brief has lasted several years as it gave rise to a decision adopted by the European Commission and a judgment issued by the general Court before ending up, on appeal, before the European Court of justice. As other judgments, this ruling raises the question to what (...)

The EU Court of Justice upholds EU Commission’s fine against telecommunications operator in margin squeeze case (Deutsche Telekom)
Jones Day (Brussels)
,
Jones Day (Brussels)
This article is the winner for the business category, unilateral conducts section of the 2012 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On 14 October 2010, the European Court of Justice (ECJ) upheld the European Commission’s € 12.6 million fine on (...)

The Paris Court of Appeal rejects the applicability of Art. 101 and 102 TEU but upholds the findings that two telecom operators had abused their dominant positions in the telephony markets (Orange Caraïbe and France Telecom)
French Competition Authority (Paris)
The Court of Appeal ruled on 23 September 2010 in the Orange Caraïbe case. It mainly upheld the findings of the French Competition Authority. Nonetheless, ruling out the applicability of Article 101 and 102 on doubtful grounds, it also quashed the decision insofar it found a margin squeeze in (...)

The ECJ Advocate General Mázak adopts opinion that limits the application of the margin squeeze theory to regulated markets and indispensable inputs (TeliaSonera Sverige)
Van Bael & Bellis (Brussels)
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Practising Law Institute
On 2 September 2010, Ján Mázak, an Advocate General (“AG”) at the European Court of Justice (“ECJ”), published his opinion in a case considering whether TeliaSonera, the Swedish telecom incumbent, abused its dominant position as the owner of the country’s telephony infrastructure by engaging in a (...)

The Italian Competition Authority initiates a new investigation against the national incumbent telecom operator to assess whether it abused of its dominance position on the telephone and broadband network sector (Wind Fastweb / Telecom Italia conduct)
Bonelli Erede (Rome)
On 24 June 2010, the Italian Competition Authority (the “ICA”) decided to initiate new proceedings against Telecom Italia to assess whether the incumbent operator had abused its dominant position in the voice communications and broadband internet access services markets, with the aim of excluding (...)

The Bulgarian Competition Authority fines margin squeeze on the construction services market (International Fair Plovdiv)
University of Technology (Tallinn)
Following a complaint submitted by the Association for Fair and Exhibition Services (the Association) in August 2009 the Bulgarian Competition Authority (CPC) initiated an investigation on the alleged abuse of dominance on the market for construction services rendered on the territory of the (...)

The EU Advocate General Mazák seeks to affirm judgment in margin squeeze case (Deutsche Telekom)
Jones Day (Brussels)
,
Jones Day (Brussels)
On 22 April 2010, Advocate General (‘AG’) Jan Mazák at the European Court of Justice (‘ECJ’) issued his opinion in Deutsche Telekom‘s appeal to the ECJ against the General Court ruling upholding the European Commission decision to impose a € 12.6 M fine on Deutsche Telekom for abusive margin squeeze. (...)

The Competition Authority of Bosnia & Herzegovina initiates an investigation into potential margin squeeze practices of the incumbent telecom operators (BH Telecom / Telekomunikacije Republike Srpske)
University of Technology (Tallinn)
On 16 February 2010 the Competition Authority of Bosnia & Herzegovina (KV) opened an investigation into the potential margin squeeze practices applied by the incumbent telecom operators BH Telecom and Telekom RS. The investigation was prompted by the complaint submitted by the independent (...)

The Swiss Competition Authority fines an ADSL provider for margin squeeze (Swisscom)
Lenz & Staehelin
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Women’s Business Society
The telecom undertaking Swisscom provides, through its subordinate entity Bluewin, ADSL services (broadband internet) to final consumers (retail market). Furthermore, Swisscom offers the preliminary service which is indispensible for broadband internet. Swisscom/Bluewin’s competitors, including (...)

The Belgian College of Prosecutors of the Competition Council dismisses a complaint against the incumbent telecom operator for resources and investigation priorities issues (Belgacom)
Liège University - IEJE
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Arendt & Medernach (Luxembourg)
1. The parties Four plaintiffs are involved in this case. “Codenet SA” (now “Telenet SA”), “Colt Telecom SA”, “Versatel Belgium SA” (now “KPN Belgium SA”) and “WorldCom SA” (now “Verizon Belgium Luxembourg SA”) which are four companies providing telecommunications services in Belgium. The defendant is (...)

The Belgian College of Competition Prosecutors classifies a case on abuse of dominant position on the grounds of lack of priority and lack of resources for the first time (Codenet, Colt Telecom, Versatel and WorldCom / Belgacom)
Leuven University
The decision of the College of Competition Prosecutors - the investigating authority of the Belgian Competition Council - is of importance insofar as it has for the first time in Belgium closed an investigation on the grounds of a lack of priority and a lack of resources. In 2009, the Belgian (...)

The Portuguese Competition Authority adopts landmark decision concerning an abuse of dominant position case in the Internet broadband access markets (PT and ZON)
Luís Silva Morais & Associados
In the beginning of September, 2009, the Portuguese Competition Authority (hereinafter, ’ADC’) has adopted a decision concerning an important case of abuse of dominant position in the wholesale and retail markets for internet broadband access. This decision confirms the special attention that the (...)

The Portuguese Competition Authority fines two telecoms operators € 53 M euros for abuse of dominant position in the wholesale and retail broadband markets (Portugal Telecom and ZON)
University of Lisbon
,
Pares Advogados
On 2 September 2009, after a 6-year investigation, the Portuguese Competition Authority imposed a €45 million fine on the incumbent operator Portugal Telecom (PT) and an €8 million fine on ZON, its former multimedia division. It’s the largest fine ever imposed by the Portuguese watchdog. At stake (...)

The German Competition Authority rejects finding of margin squeeze by the incumbent telecommunications operator (Deutsche Telekom)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
In a decision made available this month, the German Federal Cartel Office (“FCO”) declined to charge Deutsche Telekom AG (“DTAG”) for allegedly abusing its dominant position with respect to telecommunication services necessary to provide premium rate services, rejecting a complaint by competitor (...)

The French Competition Authority holds again that the main telecom operator had exploited its dominant position (France Télécom)
Vogel & Vogel
The companies Outremer and Moebius had accused France Télécom of having abusively exploited its dominant position resulting from its former legal monopoly in order to slow down the development of alternative operators on the landline and Internet access markets in Martinique, Guadeloupe, Guyana (...)

The Belgian Competition Council fines a mobile operator due to price squeeze practices (Proximus)
Altius (Brussels)
,
Altius (Brussels)
In the telecommunications sector, recent years have seen an important increase of cases concerning abuse of dominant position brought before either the European Commission or the national competition authorities. In this respect, one of the recurrent issues in these cases is the so-called (...)

The Belgian Competition Council finds the historical telecom operator guilty of margin squeeze and imposes a fine of €66,3 million (Belgacom)
Liège University - IEJE
,
Liedekerke Wolters Waelbroeck Kirkpatrick (Brussels)
The Belgian competition Council finds Belgacom guilty of margin squeeze and imposes a fine of €66,3 million. I. The Parties Belgacom S.A. is the historical operator on the Belgian telecom market and provides mobile telecom services through its 100% subsidiary Belgacom Mobile Belgium (“BMB” - (...)

The EU Commission opens proceedings against two telecommunication operators (Telekomunikacja Polska, Slovak Telekom)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
On 27 April 2009, the Commission issued a press release announcing that it had opened formal proceedings against Telekomunikacja Polska and Slovak Telekom for possible breaches of Article 82 EC. In particular, the Commission announced that it is investigating Slovak Telekom, the Slovak telecoms (...)

The Slovak Competition Authority upholds fine against incumbent telecommunications operator for “margin squeeze” practices (Slovak Telecom)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
In a recently published decision of 27 March 2009, the Slovakian Competition Authority (“CA”) upheld a first instance decision of 28 October 2008 imposing a fine of approximately € 2.4 million on Slovak Telecom (“ST”), the incumbent provider of telecom services in Slovakia. The investigation dates (...)

The European Commission adopts a commitment decision concerning a possible abuse of a dominant position in the German gas transmission markets (RWE)
European Commission - DG ENER
,
DG REGIO Regional and urban policy
,
European Commission - DG SANCO
"The RWE gas foreclosure case: Another energy network divestiture to address foreclosure concerns"* I. Introduction On 18 March 2009 the Commission adopted a commitment decision against RWE AG for suspected infringement of EU competition law. The commitments were offered by RWE to address the (...)

The Austrian Cartel Court re-examines margin squeeze case against the incumbent telecommunication operator (Telekom Austria)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
According to a press release of 6 March 2009, the Austrian Higher Cartel Court has referred a case involving an allegation of margin squeeze by Telekom Austria TA AG back to the Austrian Cartel Court. The case concerns Telekom Austria‘s “KombiP2007” package offer of bundled internet, mobile and (...)

The French Supreme Court clarifies the use of the indispensable input criterion in a margin squeeze case (SFR-France Télécom)
French Competition Authority (Paris)
The French Supreme Court decided a margin squeeze case in the telecom sector after long proceedings and ten years after an undertakings’ association filed its complaint. In this case, the French branch of the European Telecom and Networks Association (ETNA) complained before the French (...)

The US Supreme Court rejects "Price-Squeezing" theory of liability (Pacific Bell / linkLine)
White & Case (New York)
,
John Rue & Associates
On February 25, 2009, the Supreme Court firmly rejected the so-called "price-squeeze" theory of antitrust liability, under which a vertically integrated firm with monopoly power in an upstream market could be found to violate Section 2 of the Sherman Act by selling the upstream product at so (...)

The US Supreme Court rejects the price squeeze theory, noting that the upstream and downstream claims should be considered separately (Pacific Bell / linkLine)
3M (St. Paul)
Introduction In Pac. Bell Tel. Co. v. linkLine Commc’ns, Inc. the U.S. Supreme Court considered whether a vertically integrated firm with market power in a wholesale market that competes with its customer downstream in a retail market was prohibited under Section 2 of the Sherman Act from (...)

The Greek telecommunications regulator prohibits the incumbent’s “Double-Play” bundled offering of unlimited international calls taking into account a risk of a margin squeeze of its competitors (OTE)
European Commission - DG COMP
Hellenic Telecommunications Organization S.A. (OTE) submitted to the Hellenic Telecommunications & Post Commission (EETT) for approval plans to offer a telephony/internet bundle offering broadband access and fixed telephony services. Customers purchasing the plan would pay a single price (...)

The Macedonian Competition Authority prosecutes incumbent telecom operator for establishing high prices for its digital lines leased to the rival Internet providers (Macedonian Telecom)
University of Technology (Tallinn)
Summary The Macedonian Competition Authority prosecuted incumbent telecom operator for engaging in abusive pricing when leasing its digital lines to independent internet providers, which resulted in the price squeeze that put its rivals at a competitive disadvantage. The NCA’s decision followed (...)

The Cyprus Commission for the Protection of Competition holds that the lowering of prices for international calls by the incumbent does not constitute price squeezing (Areeba / ATHK)
Neocleous
,
Neocleous
The Competition Commission concluded that the lowering of prices for international calls by CYTA (the telecommunications authority in Cyprus with a dominant position in the market) did not constitute price squeezing or restriction of profit margin to the detriment of CYTA’s competitor Areeba for (...)

The Slovak Competition Authority fines a dominant telecommunication operator for margin squeeze (Slovak Telekom)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
On 3 November 2008, the Slovak Antimonopoly Office (the “Antimonopoly Office”) imposed a fine of 73 million SKK (approximately € 2.4 million) on Slovak Telekom, the dominant telecommunications network owner and operator, for margin squeezing. Slovak Telekom operates the telecommunications network (...)

The Italian Competition Authority fines an airport for excessive prices and margin squeeze practices for access to certain airport facilities (Aeroporti di Roma)
Desogus Law Office (Cagliari)
Last October the Italian Competition Authority (ICA) has closed investigations started in 2006 following complaints received by several freight operators and airlines about the anticompetitive practices of Aeroporti di Roma (ADR) . ADR is the dominant operator at the Rome’ airports of Fiumicino (...)

The European Court of First Instance upholds Commission decision against the German incumbent telecommunications operator (Deutsche Telekom)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
On 10 April 2008, the Court of First Instance (“CFI”) issued its judgment on Deutsche Telekom‘s appeal of the Commission Decision of 23 May 2003 (the “Decision”) which had fined it € 12.6 million for engaging in a margin squeeze. The CFI upheld the Decision in virtually all respects. In the (...)

The French Competition Authority rejects a claim for interim measures regarding access to the incumbent’s civil engineering infrastructure for rolling-out fiber (Free / France Télécom)
Compass Lexecon (Paris)
,
RBB Economics (Paris)
Presentation Context of the claim 1. On 12 February 2008, the French Competition Council (hereafter the “Council”) has rejected Free’s claim for interim measures regarding the conditions of access to civil engineering facilities of France Télécom (hereafter “FT”), in the context of the development (...)

The Cyprus Supreme Court annuls on procedural grounds the Competition Authority’s decision having fined € 3.8 M the telecommunications incumbent for abusive roaming prices in the mobile telecommunications market (Areeba / CYTA)
Antoniou Advocates
In Case n° 634/2006, Areeba Ltd v. Commission for the Protection of Competition, the Supreme Court of Cyprus, in exercising its exclusive jurisdiction to review any decision, act or omission of any person, organ or authority exercising executive or administrative authority, annulled a Decision (...)

The Lazio Administrative Tribunal rejects appeals regarding margin squeeze in the Italian telecoms market (Telecom Italia / Wind)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
In a recently published judgment of 23 January 2008, the Lazio Administrative Tribunal (“LAT”) has rejected the appeals brought by Telecom Italia and Wind against the decision of the Italian Competition Authority (“ICA”) finding that Telecom and Wind had abused their respective dominant positions (...)

The Bulgarian Supreme Administrative Court upholds the Competition Authority’s decision sanctioning the telecom incumbent for exerting margin squeeze on its competitors in the markets for fixed telephone services (BTC / CPC)
Kinstellar (Sofia)
On 9 January 2008, the Supreme Administrative Court (the “SAC”) handed down a final judgment. in a dispute between the local telecom incumbent - Bulgarian Telecommunication Company AD (“BTC”) and the Bulgarian Commission for Protection of Competition (the “CPC”) concerning an alleged margin squeeze (...)

The Polish Competition Authority fines the largest telecom operator a record fine of € 20 M for abusing its dominant position on the Internet access market (Telekomunikacja Polska)
Allen & Overy (Warsaw)
On 20 December 2007 the President of the Polish Office for Competition and Consumer Protection (OCCP) issued a decision imposing a fine of PLN 75 million (approximately EUR 20 million) on Telekomunikacja Polska S.A. (TPSA), the incumbent telecom operator in Poland, for abusing its dominant (...)

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

The French Competition Authority accepts the commitments made by the French energy incumbent to address competition concerns regarding the wholesale electricity supplies for retail sale (Direct Energie / EDF)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Deregulation in the market for electricity supplies: A new wholesale offer proposed by EDF will allow alternative retail suppliers to effectively compete with the incumbent operator’s retail sales on the free (...)

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

The EU Commission adopts a decision against Spanish incumbent telecoms operator for abuse of its dominant position in the broadband market (Telefonica)
European Commission - DG JUST
,
French Competition Authority (Paris)
"Margin squeeze in the Spanish broadband market: a rational and profitable strategy"* On 4 July 2007, the European Commission adopted a decision against the Spanish incumbent telecoms operator Telefonica for a very serious abuse of its dominant position in the Spanish broadband market. The (...)

The French Competition Authority imposes an obligation upon the electricity incumbent to offer a wholesale contract to new entrants (Direct Energie/EDF)
Compass Lexecon (Paris)
Background Direct Energie (hereafter ‘DE’) is a new entrant in the French retail electricity market which supplies small professional customers. It purchases energy from EDF through a bilateral wholesale contract concluded in December 2005 (hereafter ‘EDF-DE contract’). DE has seized Conseil de la (...)

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

The Lithuanian Competition Authority fines the former telecom incumbent for margin squeeze limiting access to ADSL broadband internet access service (Teo)
Lithuanian Competition Council
On 5 October 2006 the Lithuanian Competition Council (CC) issued a decision establishing a fine of LTL 3,011,000 (approx. EUR 872,046) on TEO LT, AB (TEO) for the abuse of a dominant position prohibited by Article 9 of the Law on Competition. This was the third time that TEO, a former telecom (...)

The French supreme Court alleviates the standard of proof of actual or potential effects of an abusive price squeeze in the telecommunications sector (ETNA / France Telecom)
University Paris II Panthéon‑Assas
This interesting case raises the question of the standard of proof that the French competition council must comply with, in showing the actual or potential effects of an abuse of dominant position. FACTS In June 1999, a French association of new entrant telecommunications operators complained (...)

The French Supreme Court lowers the standard of proof for anticompetitive practices and quashes the Paris Court of Appeal judgment in the Ténor case, regarding calls from landlines to mobile phones (ETNA / France Telecom-SFR)
Freshfields Bruckhaus Deringer (Paris)
Following a referral by an association of telecom operators disputing the pricing policy of integrated operators (i.e. offering both landline and mobile phone services), the French Competition Council had, in its decision of 14th October 2004, found against France Télécom and SFR and fined them (...)

The French supreme Court holds that the fact that competitors have found alternative solutions to avoid detrimental effects of price squeezing of the telco incumbent is irrelevant to establish an abuse under Art. 82 EC (ETNA / France Telecom-SFR)
Kramer Levin Naftalis & Frankel (Paris)
,
Eversheds Sutherland (Paris)
,
Eversheds Sutherland (Paris)
Background When an individual makes a call from a landline to a mobile phone, the call is first directed through a landline network until interconnection with the mobile network. Then the landline operator is relayed by the mobile operator which directs the call to the addressee and (...)

The Italian NCA fines € 1.6 M the incumbent postal operator for exclusionary tariffs based on a national decree on the basis of Art. 10, 82 and 86 EC (Posta Ibrida)
London School of Economics
Poste Italiane SpA (hereinafter, “Poste Italiane”) is the incumbent operator in the postal sector in Italy. It operates in the hybrid mail sub-sector through Postel SpA (hereinafter, “Postel”), a subsidiary it owns 80% of. In 2003, an undertaking active in the hybrid mail sub-sector lodged a (...)

The Danish Competition Appeal Tribunal annuls the Competition Authority’s decision condemning the telecommunications incument for abuse of dominance through margin squeeze (TDC)
Danish Competition and Consumer Authority (Copenhagen)
On 10 February 2006, the Danish Competition Appeal Tribunal (“D-CAT”) partially annulled a decision by the Danish Competition Council (“DCC”) condemning the Danish incumbent telecommunications operator, TDC, for abusing its dominant position under section 11(1) of the Danish Competition Act by (i) (...)

The French Competition Authority accepts commitments to address competition concerns in the press distribution sector in New Caledonia and French Polynesia (NMPP)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Press distribution: NMPP offers the Conseil de la concurrence a commitment to introduce prices enabling independent exporters to distribute press in New Caledonia and French Polynesia under economically viable (...)

The Cyprus Competition Authority fines the telecommunications incumbent € 3.8 millions for abusive conduct in the mobile telephony market (Areeba / CYTA)
International Transport Forum
On 20 January 2006 the Cyprus Commission for the Protection of Competition (hereinafter C.P.C.), in one of its many decisions concerning the Cyprus Telecommunications Authority (hereinafter CYTA), found the latter liable for infringing Section 6(1) of the Protection of Competition Law of 1989 (...)

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

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

The Slovak Competition Authority fines telecommunications company for margin squeezing in virtual private network market (Slovak Telecom)
Norton Rose Fulbright (London)
,
Rentsch Legal
Slovak Telecom (“ST”) was fined SKK 80,000,000 for margin squeezing in the Virtual Private Network services (VPN) market due to its dominant position in the upstream leased private lines market in which it had no competitors. The decision was based on ST’s practice in one particular tender for VPN (...)

The French Competition Authority fines two firms for abusing their dominant position in the water market (Sedif-Lyonnaise des Eaux)
MAPP (Paris)
The French Competition Authority (“Conseil de la concurrence”) fined two firms for abusing their dominant position in local water markets in the Paris region. The Decision addresses two distinct sets of practices. The Syndicat des Eaux d’Ile de France (“Sedif”) was fined € 100,000 for trying to (...)

The UK Competition Appeal Tribunal issues a key judgement on margin squeeze and rebates in the pharmaceuticals sector (Healthcare at Home / Genzyme)
Freshfields Bruckhaus Deringer (London)
,
King’s College (London)
In Genzyme Limited v. OFT, 29 September 2005, the UK Competition Appeal Tribunal (the “CAT”) tackled the difficult question of how to bring an abusive margin squeeze to an end and to ensure it was not repeated. The background to the proceedings was that the OFT had issued a decision (Director (...)

The Cypriot Competition Authority imposes a fine for price squeezing and excessive pricing on the Internet services market (CYTA)
International Transport Forum
On 30 May 2005 the Cypriot Commission for the Protection of Competition (hereinafter C.P.C.) ended its own initiative investigation of the Cyprus Telecommunications Authority (hereinafter CYTA) by unanimously finding CYTA liable for abuse of its dominant position in the market for the provision (...)

The Spanish competition authority adopts a prudent approach on alleged price squeeze and discriminatory practices by the telecommunications incumbent on interconnection and termination fees (Uni2-MCI WorldCom / Telefonica Móviles)
London School of Economics
Uni2 and MCI WorldCom España, two telecommunication operators, lodged a complaint on 31 October 2002 before the Servicio de Defensa de la Competencia (hereinafter, “SDC”) against Telefonica Móviles (hereinafter, “TME”). The SDC opened proceedings against TME and sent a draft decision to the Tribunal (...)

The Italian Antitrust Authority fines € 125 M the incumbent telecommunications operator for abuse of dominant position on the fixed network telecommunications services for business customers, including price squeeze practices (Telecom Italia)
Ashurst
,
Legance - Studio Legale Associato
,
Legance - Studio Legale Associato
Background On 16 November 2004, the Italian Competition Authority(Autorità Garante della Concorrenza e del Mercato) has imposed a fine of € 152 million on the incumbent telecommunication operator Telecom Italia S.p.A. (Telecom Italia), for abusive behaviours on the fixed network (...)

The Italian Competition Authority condemns abuse of dominant position in the markets for the provision of telecommunication services (Telecom Italia)
Desogus Law Office (Cagliari)
Introduction The Italian Competition Authority (AGCM) found that Telecom Italia (TI) had abused its dominant position on the fixed network telecommunications service for business customers . The abusive conduct, which violates Article 3 of the Act n° 287 of 1990, was part of a TI strategy aimed (...)

The Finnish Competition Authority proposes to the Market Court to impose a € 1 M fine to a telephone company for abuse of dominant position on the ADSL market consisting in refusal to grant access to its regional network on competitive conditions (Lännen Puhelin)
Université Catholique de Louvain
In a decision of 25 October 2004, the Finnish Competition Authority (hereafter FCA) proposed to the Market Court to impose a fine of one million euros on a regional telephone company (Lännen Puhelin). According to the FCA, Lännen Puhelin had abused its dominant position. Indeed, between the 1st (...)

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

The Danish competition authority finds a mobile telephone company in violation of the Danish Competition law for operating a margin squeeze and an illegal bonus system (Song Networks / TDC-SONOFON)
McDermott Will & Emery (Brussels)
A Danish provider of fixed line telephony for business customers, Song Networks A/S, complained to the Danish Competition Authority alleging that TDC and SONOFON had engaged in illegal behaviour by: charging excessive prices for mobile termination, engaging in collusive behaviour in connection (...)

The UK Competition Appeal Tribunal finds a pharmaceutical company guilty of margin squeeze but rejects the OFT’s evidence on bundling (Genzyme)
European Commission
Genzyme Limited ("Genzyme") is a pharmaceutical company which produces Cerezyme - the main drug for the treatment of Gaucher disease. The drug is taken by approximately 190 patients in the United Kingdom and is usually administered at home with the assistance of trained medical staff. Between (...)

The Hungarian Competition Office fines incumbent telecom service provider for price squeeze (Magyar Távközlési)
lakatos, koves and partners
,
lakatos, koves and partners
The Hungarian Competition Office (HCO) launched an investigation against Magyar Távközlési Rt. (Matáv) in order to find out whether Matáv had abused its dominant postition between February and July 2002 by determining retail prices in relation to the interconnection fees in the wholesale market in a (...)

The Hungarian Competition Office fines telecom incumbent for margin squeeze in fixed telephone market (Magyar Telekom)
Morley Allen & Overy Iroda (Budapest)
,
Dentons (Budapest)
On January 22, 2004, the Hungarian Competition Office (the “HCO”) issued a ruling which determined that Magyar Távközlési Rt. (“MATAV”) infringed the provisions of Hungarian competition law regarding the abuse of its dominant position by applying wholesale and retail tariffs that led to a margin (...)

The EU Commission adopts a decision under Art. 82 against German telecom incumbent’s pricing strategy for local access to the fixed telephony (Deutsche Telekom)
Sheppard Mullin (Brussels)
,
French Ministry of Economic, Industrial and Numerical Affairs
"Two Commission decisions on price abuse in the telecommunications sector"* During the first half of the year 2003, the Commission adopted two formal prohibition decisions pursuant to Article 82 EC-Treaty regarding abusive pricing for the provision of telecommunications services. Those are the (...)

The EU Commission concludes a settlement with telecommunications incumbent in a case concerning a presumed margin squeeze for broadband access in Germany (Deutsche Telekom)
European Commission - DG COMP
"Presumed margin squeeze for broadband access in Germany: settlement with Deutsche Telekom"* In February 2004, the Directorate-General for Competition concluded a settlement with Deutsche Telekom AG (DT) in a case concerning a presumed margin squeeze for broadband access in Germany. The (...)

The German Higher Regional Court of Düsseldorf upholds prohibition imposed by the Bundeskartellamt on an airline company for unfair pricing strategy adopted against competitor (Deutsche Lufthansa)
German Competition Authority (Bonn)
Higher Regional Court Düsseldorf provisionally confirms the prohibition of Lufthansa’s abusive pricing strategy* In a provisional decision the Higher Regional Court Düsseldorf has largely confirmed the Bundeskartellamt’s decision prohibiting Deutsche Lufthansa AG from unfairly hindering its (...)

The German Competition Authority prohibits a domestic airline company to adopt a low pricing strategy designed to squeeze a new competitor out of the market (Deutsche Lufthansa)
German Competition Authority (Bonn)
Bundeskartellamt prohibits Lufthansa from hindering its rival Germania* The Bundeskartellamt sees the pricing strategy of Deutsche Lufthansa AG (DLH) as an attempt to squeeze its new competitor, Germania Fluggesellschaft mbH, Berlin (Germania) out of the market and fears that emerging (...)

Procedures

The EU General Court extends the EU Commission discretion when rejecting complaints (Si.mobil)
Gibson Dunn (Brussels)
,
Gibson Dunn (Brussels)
Si.mobil v European Commission (T-201/11) – ‎Undermining the Effectiveness of EU Competition law?* According to the Automec case-law (paras. 73 ff), the European Commission has discretion as to how it deals with complaints. That said, the Court of Justice of the European Union has clearly (...)

The Mexican Congress approves a new Federal Economic Competition Law
Jones Day (Mexico)
,
Jones Day (Mexico)
,
Jones Day (Mexico)
A new Federal Economic Competition Law recently approved by the Mexican Congress is to become effective on July 7, 2014. The new law comes after an amendment to Article 28 of the Mexican federal constitution, which bans monopolies and monopolistic practices and seeks to strengthen competition (...)

The EU General Court confirms Commission’s right to request documents pre-dating a member state’s accession to the EU (Slovak Telecom)
Van Bael & Bellis (Brussels)
On 22 March 2012, the General Court rendered a judgment confirming the European Commission’s power to request documents pre-dating a member state’s accession to the EU. Indeed, the Court found that the Commission had been entitled to order Slovak Telekom to disclose information predating (...)

The UK OFT publishes its market study into aggregates, cement and ready-mix concrete and proposes to refer the sectors to the Competition Commission
European Commission
United Kingdom: OFT proposes Competition Commission Investigation of Aggregates, Cement and Ready-Mix Concrete Markets* On 16 August 2011, the OFT published its market study into aggregates, cement and ready-mix concrete. It proposes to refer the sectors to the Competition Commission for more (...)

The Bulgarian Competition Authority releases its 2010 annual report
University of Technology (Tallinn)
On 31 May 2011 the Bulgarian Competition Authority (CPC) published its 2010 Annual Report. While the 2010 report covers various areas of the CPC‘s activity including prosecution of unfair competition, competition advocacy and international cooperation, present review shall focus exclusively on (...)

The French Competition Authority fines incumbent telecom operator in overseas territories and applies EU case law on presumption of liability of parent companies for the first time (Orange Caribbean)
European Commission
France: The Autorité fines Incumbant Telecom Operator in the Overseas Territories and applies EU Case-Law on Presumption of Liability of Parent Companies for the first Time On 9 December 2009, the Autorité de la concurrence imposed on Orange Caribbean, the incumbent and leading telecom operator (...)

The Supreme Court of Cyprus dismisses the decision of the Cyprus Commission for the Protection of Competition for lack of competence (Areeba)
Neocleous (Nicosia)
Areeba Ltd (the applicants), by a Recourse lodged before the Cyprus Supreme Court, requested the Court to annul the decision of the Respondents notified on 18.1.2006, by which their complaint against the Cyprus Telecommunication Authority (CYTA) for price squeezing of mobile telephones was (...)

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

The UK Competition Appeals Tribunal receives the first claim for damages based on abuse of dominant position (Healthcare at Home / Genzyme)
White & Case (London)
,
White & Case (London)
Healthcare at Home Limited (“HH”) has brought a claim for damages before the Competition Appeals Tribunal (“CAT”) against Genzyme Limited (“GL”) pursuant to section 47A of the Competition Act 1998. This is the third claim for damages to have been brought before the CAT pursuant to section 47A of the (...)

Regulations

The Australian Competition and Consumer Commission releases draft reports proposing to maintain the existing regulation of wholesale services supplied using copper network, other fixed line infrastructure and transmission routes (Telstra)
Australian Competition and Consumer Commission
ACCC releases draft reports on transmission and fixed line network regulation* The Australian Competition and Consumer Commission is currently reviewing the scope of its regulation of telecommunications services. It has today released draft reports that propose to largely maintain the existing (...)

The Portuguese Competition Authority issues guidance on the forthcoming liberalization of the postal sector (Liberalização do Sector Postal)
Morais Leitão, Galvão Teles, Soares da Silva & Associados (Lisbon)
The Portuguese Competition Authority (Authority) issued on 16 July 2010 a guidance document on the state of competition in the postal sector (Report), in anticipation of the forthcoming full liberalization of the sector resulting from the implementation of the EU’s Third Postal Directive , due (...)

The Paris Court of appeal confirms the NCA’s decision having fined two telecom operators for margin squeeze in the market for fixed to mobile lines calls (SFR-Cegetel / France Télécom)
Fréget - Tasso de Panafieu Avocats (Paris)
,
Lagardère
On 2 April 2008, the Paris Court of Appeal has found France Télécom and the SFR-Cegetel Group infringed Articles 82 EC and L. 420-2 of the French Code de commerce, as a result of the implementation of practices of margin squeeze, between April 1999 and the end of 2001, in the market for «Fixed to (...)

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

The French Competition Council issues an opinion on the wholesale market for voice call termination on mobile networks (ARCEP)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Wholesale market for voice call termination on mobile networks: The Conseil is in favour of continuing regulation but considers however that the risks of competition imbalances identified shall also be dealt (...)

The French Competition Authority issues an opinion on the broadband access market delivered on the national market (ARCEP)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Conseil de la concurrence to lift ex ante regulation on the market for national broadband access.* As part of the market analysis procedure set up by the code of postal and electronic communications law, the (...)

The UK Competition Appeal Tribunal overturns decision of water Regulator and rules that the price charged was excessive and amounted to a margin squeeze (Dwr Cymru/Albion Water)
KPMG (London)
On 6th October 2006, the Competition Appeal Tribunal (the Tribunal) ruled in favour of Albion Water, concluding that the access price offered by Dwr Cymru for the common carriage of non-potable (partially treated) water through the Ashgrove system to Shotton Paper was excessive. In a further (...)

The French Competition Authority issues an opinion on the wholesale market for SMS call termination on mobile networks (ARCEP)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Wholesale market for SMS call termination on mobile networks: The Conseil de la concurrence is favourable to an intervention by the regulator to ensure greater competitive pressure on the retail prices paid by (...)

The French Competition Authority issues an opinion on the regulation of the audiovisual broadcasting market (ARCEP)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Regulation of the audiovisual broadcasting market: The Conseil de la concurrence in favour of ARCEP’s proposal to impose account unbundling requirements on TDF.* As part of the procedure for analysing (...)

The French Competition Authority issues an opinion on the broadband internet market (ART)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Conseil de la concurrence issues ART (Telecommunications Regulation Authority) with an opinion on the broadband internet market.* Under the consultation procedure carried out in accordance with article L. (...)

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