Mitigation of fines

Anticompetitive practices

The EU Court of Justice partly upholds the judgement of the General Court in a cartel case but sends it back to reexamine the calculation of the fine (Infineon)
Van Bael & Bellis (Brussels)
On 26 September 2018, the Court of Justice of the European Union (“ECJ”) delivered two judgments on the appeals brought by Infineon and Philips against the General Court (“GC”)’s earlier judgments relating to the European Commission’s decision in Smart card chips cartel case. By way of background, (...)

The Indian Competition Authority fines battery manufacturers’ cartel after a 6-year investigation including 2 leniency applications (Eveready Industries India / Indo National / Panasonic Energy India / Association of Indian Dry Cell Manufacturer)
Vaish Associates, Advocates (New Delhi)
CCI Penalizes Batter Manufacturers’ Admitted Cartel - Decised Its Second Leniency Case* Competition Commission of India (CCI) by an order dated 19 April 2018, in its second decision on a leniency application, has awarded a 100 (One Hundred) per cent reduction in penalty to the leniency (...)

The Turkish Competition Board publishes its reasoned decision regarding anticompetitive practices in the Pharmacies sector and provides explanations on the calculation of the fine after its first decision was annulled on appeal (Turkish Pharmacists Association)
ELIG Gürkaynak (Istanbul)
A. Introduction The Competition Board (“Board”) has recently published its reasoned decision in its reassessment of the Turkish Pharmacists Association (Türk Eczacıları Birliği) (“TPA”) case, following the annulment decision rendered by the 13th Chamber of the High State Court (“High State Court”). (...)

The Hungarian Competition Authority publishes new notices on fines in an effort to incentivise companies to cooperate to reduce their fines
Hungarian Competition Authority (Budapest)
According to the GVH’s new Notices on Fines significant advantages can be gained from cooperating with the authority* The Gazdasági Versenyhivatal (GVH - Hungarian Competition Authority) incentivises undertakings to remedy the harm caused to consumers as a result of competition law infringements (...)

The EU General Court reduces the fine after re-hearing the bathroom fixtures and fittings cartel case (Laufen Austria)
Van Bael & Bellis (Brussels)
On 12 September 2017, the General Court (“GC”) handed down its judgment on an appeal lodged by Laufen Austria, a bathroom equipment manufacturer, against a Commission decision in connection with the bathroom fixtures and fittings cartel case, which was referred back to it for determination by the (...)

The Paris Court of appeal confirms the validity of the method applied by the French Competition Authority to fine a professional organisation of modelling agencies (Modelling sector’s main professional union)
Simmons & Simmons (Paris)
The method of setting fines These French guidelines specify the different steps followed by the French Competition Authority (FCA): • determination of the basic amount of the fine, depending on the seriousness of the infringements and the importance of the harm to the economy (the basic amount (...)

The Indian Competition Authority finds a professional pharmaceutical association guilty of anticompetitive conduct but refrains from imposing a fine because the association has already recently been fined for similar conduct (Karnataka Chemists and Druggists Association)
Vaish Associates, Advocates (New Delhi)
CCI finds Karnataka Chemist and Druggists Association (KCDA) in violation of Section 3(3) of the Act* CCI by its order dated March 2, 2017 has found that KCDA violated Section 3(3) of the Act. Being prima-facie satisfied by the information filed, the CCI ordered investigation into the matter. (...)

The EU General Court rules on three actions claiming damages for alleged excessive duration of judicial proceedings (Armando Alvarez / Plasticos Espanoles / Kendrion)
Van Bael & Bellis (Brussels)
On 1 and 17 February 2017, the General Court (“GC”) delivered three judgments in relation to actions claiming damages for alleged excessive duration of judicial proceedings. This is the second set of judgments issued by the GC on this topic. Last month, the GC awarded Gascogne more than € 57,000 (...)

The Indian Competition Appellate Tribunal (COMPAT) rejects application for complete stay of penalty in cement cartel case (Binani Cement / Builders’ Association of India)
Vaish Associates, Advocates (New Delhi)
Competition Appellate Tribunal (COMPAT) rejects the application of Binani Cement for complete stay of penalty in Cement Cartel appeals* COMPAT by its order dated January 9, 2017 has rejected the application of Binani Cement for complete stay of penalty while its appeal against the penalty (...)

The EU General Court annuls a cartel settlement decision on appeal due to the Commission’s failure to sufficiently inform the undertakings on the fining methodology used (Envelopes cartel)
Van Bael & Bellis (Brussels)
Under the Commission’s cartel settlement procedure, an undertaking admitting liability to a cartel infringement and waiving certain procedural rights is rewarded with a 10% reduction in the fine. In the envelopes cartel case, the Commission fined five producers €19.4 million under the settlement (...)

The Indian Competition Appellate Tribunal (COMPAT) reverses the fine against professional association and its compliant pharmaceutical member company for anticompetitive agreements (Maruti & Company / KCDA Karnataka Chemists & Druggists Association / Lupin)
Vaish Associates, Advocates (New Delhi)
COMPAT set asides penalty imposed on Lupin and its office bearers* COMPAT vide order dated December 07, 2016 while setting aside the order dated July 28, 2016 of CCI has quashed the penalty of Rs 73 Crores imposed on Lupin Ltd. (“Lupin”) and its two officials for alleged anticompetitive (...)

The Indian Competition Appellate Tribunal (COMPAT) reverses the Indian Competition Authority’s fine of pharmaceutical companies in a bid rigging case (GlaxoSmithKline / Sanofi)
Vaish Associates, Advocates (New Delhi)
COMPAT sets aside penalty against GSK Pharmaceuticals Ltd. (GSK) and Sanofi Ltd. (Sanofi) for alleged bid-rigging in procurement of meningitis vaccine for Haj and Umrah pilgrims by Ministry of Health and Family Welfare* COMPAT by its order dated November 8, 2016, has set aside the penalty (...)

The Indian Competition Authority fines a professional association and its compliant pharmaceutical member company for anticompetitive agreements (Maruti & Company / KCDA Karnataka Chemists & Druggists Association / Lupin)
Vaish Associates, Advocates (New Delhi)
CCI again fines Pharma Company for Anti-Competitive Activities * The Competition Commission of India (“CCI/ Commission”) by way of its order dated 28.07.2016 has found the Karnataka Chemists and Druggist Association (“KCDA”) , Lupin Ltd. (“Lupin”) and their Office bearers to be in contravention of (...)

The EU General Court rules that a parent company cannot be held liable for aggravated circumstances of a subsidiary’s conduct prior to the date of its acquisition (Parker Hannifin)
Van Bael & Bellis (Brussels)
Under settled case law, a subsidiary and its parent company may be regarded as forming a single economic unit for the purpose of EU competition law. In such case, the Commission may be entitled to hold the parent company jointly and severally liable for the unlawful conduct of its subsidiary (...)

The EU Court of Justice holds that the Commission is entitled to refer to the last business year that corresponds to a full year of normal activity to calculate the fine (Pre-stressing steel cartel)
Van Bael & Bellis (Brussels)
Under Article 23(2) of the Regulation on the Implementation of the Rules on Competition, a fine imposed for competi- tion law infringements should not exceed 10 percent of the undertaking’s total turnover in the business year preceding the decision in which the Commission imposes the fine. In (...)

The Indian Competition Appellate Tribunal (COMPAT) cancels fine for anticompetitive agreement against pharmaceutical company due to lack of evidence of said agreement (All Kerala Chemists and Druggists Association / Alkem Laboratories)
Vaish Associates, Advocates (New Delhi)
COMPAT sets aside CCI’s penalty on Alkem Laboratories for indulging in anti-competitive practices* COMPAT by its order dated May 10, 2016 has set-aside the order of CCI in so far as it had held that Alkem Laboratories Limited (Alkem) for violation of Section 3(1) of the Act and had imposed a (...)

The Indian Competition Appellate Tribunal (COMPAT) cancels fines for bid rigging against 12 ordnance factory suppliers due to lack of evidence, investigation errors by the Indian Competition Authority and clarifies that identical bids are not prima facie collusive (Narendra Explosive)
Vaish Associates, Advocates (New Delhi)
COMPAT sets-aside penalty imposed on 12 suppliers to ordnance factories for indulging in cartelization for supplying raw material that is used for manufacturing of 81 mm bomb* COMPAT by its order dated May 10, 2016 has set-aside the order of CCI where it had imposed a penalty to the tune of (...)

The Indian Competition Appellate Tribunal (COMPAT) sends case back to the Indian Competition Authority because the Authority failed to give defendants notice for appeal before imposing fines and therefore violated the principle of natural justice (Jet Airways / InterGlobe Aviation / Spice Jet)
Vaish Associates, Advocates (New Delhi)
COMPAT sets-aside penalty imposed on domestic airlines and remands the matter back to the CCI* COMPAT by its order dated April 18, 2016 set-aside the penalty imposed on three domestic airlines by the CCI for alleged cartelization and remanded the matter back to the CCI for passing appropriate (...)

The Indian Competition Appellate Tribunal (COMPAT) cancels fine for alleged collusion by professional transport association due to lack of evidence by the Indian Competition Authority (Indian Foundation of Transport Research & Training / All India Motor Transport Congress)
Vaish Associates, Advocates (New Delhi)
COMPAT sets-aside penalty imposed on All India Motor Transport Congress (AIMTC) for alleged increases of transport rates in collusion* COMPAT by its order dated April 18, 2016 has set-aside the order of CCI where AIMTC was penalized for allegedly exhorting truck transporters for increasing (...)

The Indian Competition Appellate Tribunal (COMPAT) reverses a bid rigging fine because multi-product companies are to be fined only on their case product turnover and because identical prices are not prima facie illegal (DG S&D / A. R. Polymers)
Vaish Associates, Advocates (New Delhi)
Competition Appellate Tribunal (COMPAT) sets-aside penalty imposed on Jungle Boot suppliers for alleged bid rigging* COMPAT by its order dated April 12, 2016 has set-aside the penalty imposed on suppliers of Polyester Blended Duck Ankle Boot Rubber Sole/ Appellants (Jungle Boots) against (...)

The Indian Competition Appellate Tribunal (COMPAT) asks the Indian Competition Authority to reconsider big-rigging fines issued against 47 LPG manufacturers (ECP Industries / SKN Industries / IOCL India Oil Corporation)
Vaish Associates, Advocates (New Delhi)
Competition Appellate Tribunal (COMPAT) directs Competition Commission of India (CCI) to reconsider penalties imposed on LPG manufacturers* COMPAT by its order dated March 1, 2016 has directed CCI to reconsider penalties imposed on the 47 LPG manufactures for bigrigging in procurement of 14.2 (...)

The Indian Competition Appellate Tribunal (COMPAT) cancels fine for anticompetitive conduct against a pharmaceutical association due to Indian Competition Authority’s failure at principles of natural justice during investigation (Rohit Medical Store / HPCDA Himachal Pradesh Chemist & Druggist Alliance)
Vaish Associates, Advocates (New Delhi)
COMPAT sets-aside penalty imposed on Himachal Pradesh Chemist & Druggist Alliance (HPCDA) on account of failure to observe principles of natural justice during investigation by the DG* COMPAT, by its order dated January 13, 2016, has set-aside the penalty imposed by the CCI on HPCDA and (...)

The Indian Competition Appellate Tribunal (COMPAT) sends cement cartel case back to Indian Competition Authority because of failure to ensure compliance with principles of natural justice (Binani Cement / Builders’ Association of India)
Vaish Associates, Advocates (New Delhi)
Competition Appellate Tribunal sets aside the order of Competition Commission of India against cement cartel* The Competition Appellate Tribunal (COMPAT) vide its recent order dated December 11, 2015 while allowing the appeals of the 10 appellants has set aside the order of the Competition (...)

The Indian Competition Appellate Tribunal (COMPAT) cancels fine for anticompetitive conduct against individual executive member of charged association due to lack of evidence against him and investigation errors (Swapan Kumar Karak / Competition Commission of India)
Vaish Associates, Advocates (New Delhi)
COMPAT quashes penalty for individual liability imposed on a member of Executive Committee of a pharmaceutical distributors’ association* COMPAT vide its order dated December 7, 2015 set-aside the penalty of INR 47, 63,579/- imposed by CCI on Shri Swapan Kumar Karak (Director, Karak (...)

The Indian Competition Appellate Tribunal (COMPAT) cancels fine for boycott by pharmaceutical association against wholesaler because the wholesaler’s own conduct shows lack of any anticompetitive effect (Arora Medical Hall / Ferozepur Chemists & Druggists Association)
Vaish Associates, Advocates (New Delhi)
Competition Appellate Tribunal sets aside the penalty imposed by CCI against Chemist and Druggist Association, Ferozepur* COMPAT by its judgment dated 30 October 2015 over-ruled the order penalizing Chemist and Druggist Association, Ferozepur, Punjab in a case filed by Arora Medical Hall, (...)

The Indian Competition Appellate Tribunal (COMPAT) dismisses allegations of anticompetitive conduct against film chamber of commerce due to mistakes in investigation by Indian Competition Authority (Cinergy Independent Film Service / Andhra Pradesh Film Chamber of Commerce)
Vaish Associates, Advocates (New Delhi)
Competition Appellate Tribunal set asides the penalty imposed by CCI against Andhra Pradesh Film Chamber of Commerce* Competition Appellate Tribunal (“COMPAT”)in its judgment dated October 14, 2015 set aside the penalty of INR 12.89 lacs imposed by CCI on Andhra Pradesh Film Chamber of Commerce (...)

The Spanish Supreme Court issues a landmark judgment regarding the interpretation of the 10% turnover limit for cartel fines (BCN Aduanas y Transportes)
Callol, Coca & Asociados (Madrid)
The Supreme Court (SC) has partially confirmed the interpretation followed by the National High Court (NHC) over the last two years regarding the limit of 10% of the company’s turnover established under Article 63 (1) of the Spanish Competition Act (SCA) for the calculation of fines. In its (...)

The Spanish Supreme Court rules on the discussed criteria for calculating fines due to infringements in competition law (BCN Aduanas y Transportes, Bofill Arnán)
DLA Piper (Madrid)
On 29 January 2015, the Spanish Supreme Court ruled in the judicial proceedings raised by "BCN Aduanas and Transportes, S.L." against the decision of the Spanish Competition Commission (SCC), dated on 3 December 2011, pursuant to the sanctioning proceedings S/0269/10 (the "Decision"). This (...)

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 EU General Court reduces fines for three groups in candle wax cartel case (Sasol / Esso / ExxonMobil / RWE)
Van Bael & Bellis (Brussels)
On 11 July 2014, the General Court (“GC”) handed down three judgments reducing the fines imposed by the Commission’s decision of 1 October 2008 in the candle wax cartel case following appeals lodged by Sasol, Esso France and ExxonMobil, and RWE AG. On 1 October 2008, the Commission imposed fines (...)

The Australian Federal Court imposes a penalty of $3 million against a supplier of ball bearings for engaging in cartel conduct (NSK)
University of New South Wales (Sydney)
This article was originally published on In Competition by King & Wood Mallesons (click here). ACCC bears down on cartels* On 13 May 2014, the Federal Court imposed a penalty of $3 million against NSK Australia, a supplier of ball bearings, for engaging in cartel conduct. The proceedings (...)

The EU Court of Justice reduces the fines imposed on the appellant for failure of the General Court to take sufficient account of a substantive problem with the Commission’s decision relating to the company’s rights of the defence (Ballast Nedam)
EFTA Surveillance Authority (Brussels)
Case C-612/12 P Ballast Nedam NV: Competition law, rights of the defence and reduction of fine.* The Court of Justice does not often reduce a fine imposed by the Commission on an undertaking for a breach of the competition rules when the amount of the fine has been upheld by the General Court. (...)

The Danish Competition and Consumer Authority settles fines imposed for resale price maintenance between a distributor of hair products and some of its dealers (Coss)
Danish Competition and Consumer Authority (Copenhagen)
Denmark: ”Distributor of hair products pays fine in settlement for resale price maintenance”* On November 29, 2013, the company Coss (a Danish distributor of hair products) entered into a settlement with the Danish Competition and Consumer Authority and accepted to pay a fine of DKK 100.000 (€ (...)

The Netherlands Authority for Consumers and Markets imposes fines on national association of medical practitioners for restricting the freedom of choice of the patients (LHV)
Netherlands Authority for Consumers & Markets (The Hague)
ACM issues decision on objection regarding the establishment of new GPs* In late-2011, the Netherlands Authority for Consumers and Markets (ACM) imposed a fine on the Dutch National Association of General Practitioners (LHV). Following an objection filed by LHV, ACM has reviewed the case (...)

The EU Court of Justice dismisses appeals brought against the GIS cartel case (Siemens, Mitsubishi Electric, Toshiba)
Van Bael & Bellis (Brussels)
ECJ dismisses appeals by Siemens, Toshiba and Mitsubishi in gas insulated switchgear cartel case* On 19 December 2013, the European Court of Justice (“ECJ”) handed down a judgment dismissing appeals by Siemens AG, Toshiba Corp. and Mitsubishi Electric Corp. against earlier judgments of the (...)

The EU Court of Justice dismisses the appeal while establishing that a claim for compensation for damages arising from the General Court’s failure to adjudicate within a reasonable time must be brought before the General Court itself (Gascogne)
Garrigues (Brussels)
The Groupe Gascogne Judgment (see both sides of the story)* Last week I wrote a post about the Groupe Gascogne Judgment (and other stuff) which has elicited some interest. Somehow oddly, I will now present counter-arguments against all those who… actually agreed with me. Given that I wrote (...)

The Canadian Competition Bureau publishes revised sets of the Frequently Asked Questions related to its Immunity and Leniency Programs
Steve Szentesi Law Corporation (Vancouver)
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 EU Commission fines pharmaceutical companies for delaying market entry of generic medicines through pay-for-delay agreements (Lundbeck)
European Commission
European Commission: Lundbeck and other Pharmaceutical Companies fined for delaying Market Entry of Generic Medicines through pay-for-delay Agreements* On 19 June 2013, the European Commission (the Commission) imposed a fine on the Danish pharmaceutical company Lundbeck and a number of (...)

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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Gide Loyrette Nouel
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 Indian Competition Appellate Tribunal dismisses appeals filed by ten explosives manufacturers against the Competition Commission’s order finding them guilty of bid-rigging, but reduced the penalty imposed by 90% (Gulf Oil Corporation)
Shardul Amarchand Mangaldas & Co (New Delhi)
SUMMARY The Competition Appellate Tribunal (COMPAT) dismissed the appeals filed by ten explosives manufacturers against the order of 16 April 2012 made by the Competition Commission of India (CCI) (the CCI Order), finding them guilty of bid-rigging. The COMPAT held that the collective boycott (...)

The District Court Rotterdam finds insufficient proof for existence of agreement on non-compete clause (Stichting Carinova and Stichting Carint-Reggeland)
CMS EU Law Office (Brussels)
I. Facts On 21 October 2010, the Dutch Competition Authority (the former Nederlandse Mededingingsautoriteit, as of April 2013, Autoriteit Consument & Markt, hereinafter "ACM") imposed a fine on two foundations, Carint-Reggeland (hereinafter "Carint") and Carinova, totaling an amount of € (...)

The Spanish National Appeal Court reduces fines against a cartel in the wine sector giving a new interpretation of calculation of fines that may lead to favor cartelist activity in the future (Bodegas Williams & Humbert)
Kim & Chang (Seoul)
On March 8, 2013, the Audiencia Nacional (AN), the Spanish National Appeal Court, ruled in the judicial review of actions brought by Bodegas Williams & Humbert, SA against the Decision of the Spanish Competition Authority (CNC) dated July 28, 2010. The CNC had found elements to conclude (...)

The German Federal Court of Justice confirms compliance of key provision on the fining of cartel law violations with the constitution (Grauzementkartell)
Commeo (Frankfurt)
In its decision of 26 February 2013, which was published on 10 April 2013, the German Federal Court of Justice (“FCJ”) inter alia had to decide on the constitutionality of the key provi-sion on the fining of cartel law violations. The FCJ not only confirmed the constitutionality of this fining (...)

The German Federal Court of Justice rules that, unlike in the EU, the German 10%-limit for calculating fines is not a cap but rather constitutes a ceiling of a framework within which a fine has to be calculated (Grauzementkartell)
Mayer Brown (Brussels)
In its judgment of 26 February 2013, the German Federal Court of Justice ("FCJ") upheld the decision of the Higher Regional Court of Düsseldorf and confirmed that Sect. 81(4) Sentence 2 Act Against Restraints of Competition ("ARC") is in conformity with the German constitution. This provision (...)

The German Federal Court of Justice hands down a decision that is likely to have a significant impact on the setting of cartel fines, potentially reducing the maximum cartel fine for some defendants (Grauzementkartell)
Jones Day (Frankfurt)
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Jones Day (Dusseldorf)
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Jones Day (Frankfurt)
The German Federal Court of Justice ("BGH") has handed down a decision that is likely to have a significant impact on the setting of cartel fines in Germany, potentially reducing the maximum cartel fine for some defendants. The decision deals with fines imposed on a number of German cement (...)

The Indian Competition Appellate Tribunal upholds NCA’s finding that three medical equipment/systems suppliers had engaged in bid-rigging (Safdarjung Hospital)
Shardul Amarchand Mangaldas & Co (New Delhi)
SUMMARY In the Safdarjung Hospital Case, the Competition Commission of India found that three medical equipment/systems suppliers had engaged in bid-rigging contrary to Section 3 of the Competition Act, 2002, and imposed a penalty on each of 5% of its average annual turnover over two/three (...)

The Competition Commission of India issues a ’cease and desist’ order to 29 manufacturers of elastic rail clips engaged in bid-rigging in a tender in the railway sector (Orissa Concrete and Allied Industries,...)
Shardul Amarchand Mangaldas & Co (New Delhi)
SUMMARY In tendering for the supply of anti-theft elastic rail-clips to the South Eastern Railways, 29 manufacturers were found to have quoted the same rates, allocated the tender quantity amongst themselves, artificially raised prices and acted in concert to eliminate competitors. The CCI (...)

The Cyprus Commission for the Protection of Competition fines two undertakings that failed to notify their merger (Excel-Serve Management / IFG)
Chrysses Demetriades (Limassol)
CYM7 Excel-Serve Management Ltd/IFG Group Plc Case No. 8.13.012.32 15.02.13 NCA Background The Decision of the Cyprus Commission for the Protection of Competition (“CPC”), relates to the acquisition of 100% of the shareholding of Excel-Serve Management Limited (“Excel-Serve”) by IFG Group Plc (...)

The Dutch Competition Authority reduces the fines imposed on companies in the flour milling industry based on the ’inability to pay’ in light of fines imposed by the German and French Competition Authorities (Grain Millers, Ranks)
Crowell & Moring (Brussels)
I. Facts On 16 December 2010, the Dutch Competition Authority (the former Nederlandse Mededingingsautoriteit, as of April 2013, Autoriteit Consument & Markt, hereinafter the ’ACM’) imposed a fine of a total of € 81,600,000 on fifteen flour producers. According to the ACM, they had infringed (...)

The Czech Supreme Administrative Court is not ready to accept a symbolic fine against an association of undertakings involved in a price fixing case (Association of Applied Graphics and Design)
Weil, Gotshal & Manges (Prague)
On 20 December 2012, the Supreme Administrative Court cancelled the judgment of Regional Court in Brno in the case regarding Association of Applied Graphics and Design (the “Association”) and remanded the case back to it. The Regional Court in Brno previously mitigated the fine imposed by the (...)

A German Court of appeal confirms that the EU concept of an "economic unit" does not apply under German law but rather the principle of legal personality (Silostellgebühren II)
Mayer Brown (Brussels)
The judgment of 17 December 2012 of the Higher Regional Court Düsseldorf ("Court") deals with the interpretation of Sect. 81(4) Act against Restraints of Competition ("ARC"), which is the statutory basis for the German Federal Cartel Office ("FCO") to issue a fine for antitrust infringements. (...)

The Hungarian Court of Appeal upholds NCA’s decision and reduces fines in IT procurement case (University cartel)
Lakatos, Köves & Partners (Budapest)
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Kinstellar (Budapest)
The background of the case In 2004, the Hungarian Competition Office (HCO) launched proceedings against International System House Kft. (ISH), SAP Hungary Kft. (SAP) and International Business Machines Magyarország Kft. (IBM) for bid-rigging in public procurement. The tenders in question aimed (...)

Mitigation of fine and competition law: An overview of EU and national case law
Luís Silva Morais & Associados (Lisbon)
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University of Tilburg - Center for Law and Economics (TILEC)
Introduction Mitigation - the adjustment of a prescribed sanction towards a lighter penalty - immediately recalls the universal legal training, in particular criminal law, of arriving to an individual sanction within a legally set range by considering the offender’s personal responsibility, (...)

The EU General Court dismisses appeal against Commission’s re-adoption of carbonless paper cartel decision (Bolloré)
Van Bael & Bellis (Brussels)
On 27 June 2012, the General Court (“GC”) handed down its judgment on the appeal brought by French investment and industrial group Bolloré against the European Commission’s re-adoption of its decision in the carbonless paper cartel. The GC upheld the fine of € 21.26 million and ruled that the (...)

The Dutch Competition Authority lowers fines in construction and gardening cartels (Ballast Nedam, Vermeer and Ooms)
Van Bael & Bellis (Brussels)
According to a press release published on 8 June 2012, the Dutch Competition Authority (“NMa”) has lowered the fines it had earlier imposed in the construction cartel case and the gardening cartel case. The NMa’s decision to reduce the fines follows two decisions by the NMa’s College of (...)

The French Competition Authority imposes fine of nearly € 400,000 for failure to notify a concentration (Colruyt)
Van Bael & Bellis (Brussels)
On 11 May 2012, the French Competition Authority imposed a fine of € 392,000 on supermarket group Colruyt for having implemented a concentration in France without having first notified and received approval from the Competition Authority. In May 2011, the French Competition Authority (...)

The Netherlands Competition Authority revises fines on flour producers (Meneba, Grain Millers, Werhahn)
European Commission
The Netherlands: The Netherlands Competition Authority (NMa) revises Fines on Flour Producers* On 22 December 2010, the NMa imposed fines totalling € 81 600 000 on flour producers in the Netherlands, Belgium and Germany for cartel activities. Fifteen firms in different group compositions were (...)

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 (...)

A Swedish Administrative Court upholds decision on procurement fines following an illegal direct award of contracts for certain advertising services (Swedish Armed Forces)
Swedish Competition Authority (Stockholm)
Fines for the Swedish Armed Forces following improper procurement* The Swedish Armed Forces has been sentenced to pay procurement fines for an illegal direct award of contracts. In an application to the administrative court, the Swedish Competition Authority has demanded that the Swedish (...)

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 Romanian Competition Council fines two suppliers of prescription-only medicines and their distributors for parallel export restrictions (Baxter / Belupo)
Peli Filip (Bucharest)
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Peli Filip (Bucharest)
On 28 October 2011, the Romanian Competition Council (the “Council”) published Decisions n° 51 and 52/28.10.2011 sanctioning two suppliers of prescription-only medicines - Belupo Iijekovi & kozmetica d.d. Croatia (“Belupo”) and Baxter AG Switzerland (“Baxter”) - and their distributors on the (...)

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 (...)

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

The Italian Competition Authority fines three companies and a multi-firm agent for concerted practices in the healthcare insurance sector (Campanian insurance tenders)
Cleary Gottlieb Steen & Hamilton (Rome)
On September 28th, 2011 the Italian Competition Authority (hereinafter ICA) sanctioned with a total fine of EUR 13.583.515 three insurance companies and a multi-firm agent for concerted practices in the healthcare insurance sector. Object of the proceeding, whose investigation activity started (...)

The Italian Competition Authority fines on the basis of art. 2 L.287/90 four local associations for anticompetitive practices in the sector of services for thermic plants (Manutenzione impianti termici Comune di Potenza)
Cleary Gottlieb Steen & Hamilton (Rome)
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Macchi di Cellere Gangemi (Rome)
On September 22nd, 2011 the Italian Competition Authority (hereinafter, ICA) fined four local associations of companies, artisans and cooperatives for concerted practices aimed at fixing the economic conditions for the control and maintenance of thermic plants in the City of Potenza. The (...)

The Lisbon Commercial Court confirms the Competition Authority’s decision prohibiting a retail price maintenance agreement regarding equipment used in hospital pharmacies with a reduction of the fines (Hospitals’ Public Tenders)
European Commission
Portugal: The Lisbon Commercial Court confirms Competition Authority’s Decision on RPM affecting Hospitals’ Public Tenders* On 12 September 2011, the Lisbon Commercial Court (the Court) confirmed the Portugal Competition Authority’s (PCA) decision prohibiting a retail price maintenance (RPM) (...)

The Lithuanian Supreme Administrative Court rules on the criteria of the single economic entity doctrine (UAB "Prof-T")
Law firm of Raimundas Moisejevas (Vilnius)
Background On 28 October 2010, the Lithuanian Competition Council passed resolution in which it was recognized that a number of Lithuanian companies (including the undertaking UAB “Prof-T”) have committed the infringement of competition law, since the undertakings referred to above have been (...)

The EU General Court reduces fine on a company and rejects other appeals in lifts and elevators cartel (Schindler)
Van Bael & Bellis (Brussels)
On 13 July 2011, the General Court (“GC”) handed down its judgments in the appeals brought by companies of the Otis, KONE, Schindler and ThyssenKrupp groups against a European Commission decision finding that they had infringed Article 101(1) TFEU by operating a cartel on the market for elevators (...)

The EU General Court reduces fine in the Dutch beer cartel case finding that the EU Commission did not prove all infringements and that the duration of the procedure was excessive (Heineken)
Google (London)
The Dutch Beer Cases: The Value of Whistleblower Statements and the Cutback of Fines in Case of Unreasonably Long Commission Investigations* The General Court has rendered a series of judgments in the Dutch Beer Cartel case that involve a number of legal issues, including in Grolsch v. (...)

The EU General Court reduces fine in the Dutch beer cartel case finding that the EU Commission did not prove all infringements and that the duration of the procedure was excessive (Bavaria)
Google (London)
The Dutch Beer Cases: The Value of Whistleblower Statements and the Cutback of Fines in Case of Unreasonably Long Commission Investigations* The General Court has rendered a series of judgments in the Dutch Beer Cartel case that involve a number of legal issues, including in Grolsch v. (...)

The EU General Court reduces fines imposed to a cartelist and its subsidiaries in the methacrylates sector (Arkema France)
Jones Day (Paris)
Unlimited jurisdiction: the end of a misnomer?* The past decade has seen a flurry of articles published trying to make sense of the degree of control that the EU Courts exercise on complex economic reasoning. By contrast, much less has been written about the Courts’ unlimited jurisdiction on (...)

The Supreme Court of the Slovak Republic upholds the Regional Court’s judgment which annuled a decision imposing fines on three banks (Banking cartel)
European Commission
Slovakia: Judicial Review of Banking Cartel Case* On 19 May 2011, the Supreme Court of the Slovak Republic (the Supreme Court) upheld one of the judgments adopted by Regional Court in Bratislava which annuled the decision of the Antimonopoly Office of the Slovak Republic (the Office) imposing (...)

The Lisbon Commercial Court reduces the competition authority’s fine imposed to an association of chartered accountants (OTOC)
European Commission
Portugal: The Lisbon Commercial Court partially upholds PCA’s Decision regarding the Professional Association of Chartered Accountants (OTOC)* In its judgment of 29 April 2011, the Lisbon Commercial Court (the Court) has partially upheld the decision issued by the Portuguese Competition (...)

The UK Competition Appeal Tribunal cuts fines in the construction cover pricing appeal case (Kier Group and others)
University of East Anglia - CCP (Norwich)
Article published on Centre for Competition Policy blog. ‘Cover Pricing’: Object or Effect?* Last week, the UK’s Competition Appeals Tribunal (CAT) cut fines on six construction firms by 90%. The fines had been imposed by the Office of Fair Trading in 2009 for cover pricing. The CAT found the (...)

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

The Lithuanian Competition Council imposes fines totalling € 854 205 on producers of orthopedic products and their association (Actualis, Idemus, Ortobatas)
European Commission
* Article published in ECN Brief 01/2011. The original title of this article appears below the e-Competitions title. Please note that the ECN is not the actual "author" of this case summary, but the mere source. As mentioned by the ECN : "The information provided by the ECN Brief is for (...)

The French Competition Authority sanctions the three main container handling companies in the Reunion island for having agreed on the prices of their services (SAMR, Somacom & SGM Manutention)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité penalizes the three main container handling companies for having agreed on the prices of their services*. As it had indicated at the time of the publication of its two opinions relative to the (...)

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
DG COMP (Brussels)
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 Portuguese Competition Authority punishes resale price maintenance affecting hospitals’ public tenders
European Commission
* Article published in ECN Brief 01/2011. The original title of this article appears below the e-Competitions title. Please note that the ECN is not the actual "author" of this case summary, but the mere source. As mentioned by the ECN : "The information provided by the ECN Brief is for (...)

The Swedish Competition Authority issues proceedings against bus companies in respect of a price fixing cartel on the market for package tours on coaches (Ölvemarks / Scandorama)
Swedish Competition Authority (Stockholm)
Swedish Competition Authority issues proceedings against bus companies in respect of a cartel* According to the Swedish Competition Authority, two bus companies – Ölvemarks and Scandorama – have committed unauthorised collusion on prices, referred to as a ‘cartel’. They are now required to pay just (...)

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
* Article published in ECN Brief 01/2011. The original title of this article appears below the e-Competitions title. Please note that the ECN is not the actual "author" of this case summary, but the mere source. As mentioned by the ECN : "The information provided by the ECN Brief is for (...)

The Spanish National High Court reduces the fine imposed for collective recommendation in the food sector (Propollo)
DG COMP (Brussels)
,
Cuatrecasas, Gonçalves Pereira
On November 10, 2010, the Spanish National High Court (Audiencia Nacional, the “AN”) partially upheld the Spanish Competition Commission’s (Comisión Nacional de la Competencia, the “CNC”) decision of September 29, 2009, and reduced the fine imposed on Interprofesional de Avicultura de Carne de Pollo (...)

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 European Commission readopts decision in pre-stressing steel cartel case after miscalculation of fines (ArcelorMittal, WDI/Pampus)
Van Bael & Bellis (Brussels)
On 6 October 2010, the Commission issued a decision in which it recalculated the fines it imposed earlier this year in the pre-stressing steel cartel case. In its original decision of 30 June 2010, the Commission imposed fines totalling € 518.5 million after having found that that seventeen (...)

The EU General Court reduces fine in Spanish raw tobacco case (Deltafina)
Van Bael & Bellis (Brussels)
On 8 September 2010, the General Court handed down its judgment on an appeal brought by Deltafina against the European Commission’s decision of 20 October 2004, fining it € 11,880,000 for its participation in a cartel of producers and processors of raw tobacco in Spain. The General Court upheld (...)

The Paris Court of Appeal reduces damages awarded for sales of perfumes through a website by unauthorised distributors (eBay, Parfums Christian Dior, Kenzo Parfums, Parfums Givenchy, and Guerlain)
Van Bael & Bellis (Brussels)
On 3 September 2010, the Paris Court of Appeal delivered its judgment in a case between eBay and SA Parfums Christian Dior, SA Kenzo Parfums, SA Parfums Givenchy, and SA Guerlain (which are perfume and cosmetics suppliers belonging to the LVMH group – hereinafter the “LVMH group”). On 30 June (...)

The European Commission fines 17 bathroom equipment manufacturers for price-fixing cartel applying "financial constraints" discount to 5 of them (Artweger / Cisal)
Winston & Strawn (London)
The European Commission (Commission) yesterday announced fines imposed on seventeen companies totalling EUR 622 million for a price fixing cartel relating to bathroom equipment (IP/10/790). This is the Commission’s second cartel decision of 2010 and follows the Commission’s first cartel (...)

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 Romanian Competition Authority prosecutes five auto repairers for fixing the man/hour rates (Simerv - Selena Impex)
Faculty of Law - University of Macau
On 17 June 2010 the Romanian Competition Authority (CC) found five auto repairers in Slobozia, the capital city of the Ialomita county, liable for infringement of the national equivalent of the Article 101 TFEU for fixing their man-hour rates. In its decision the CC stated that the market for (...)

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

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

The Danish City Court of Århus inflicts an unsubstantial fine for price fixing (Veterinary surgeons)
Danish Competition and Consumer Authority (Copenhagen)
On 24 February 2010, the Danish City Court of Århus imposed fines on seven veterinary surgeons - each in the amount of DKK 75,000 (EUR 10,000) - for fixing prices for visits outside normal opening hours contrary to Section 6 of the Danish Competition Act (equivalent to Article 101 EU). (...)

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

The Paris Court of Appeal reduces the highest fines ever imposed by the NCA by 500 million Euros (Steel cartel)
Hewlett Packard (Boulogne-Billancourt)
In a ruling dated 19 January 2010, the Paris Court of Appeal (the "Court") substantially reduced the highest fines ever imposed by the French Competition Authority (the "Authority") in the steel cartel case, from 575.4 million Euros to 74.1 million Euros. This judgement raises the question of (...)

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 Lisbon Commerce Court confirms decision against bid-rigging cartel by pharmaceutical companies but substantially reduces fines (Abbott, Menarini and Johnson & Johnson)
University of Lisbon
,
Abreu Advogados (Lisbon)
On 7 January 2010 the Lisbon Commerce Court upheld a 2008 decision by the Portuguese Competition Authority (PCA) imposing a € 13.4 million fine on pharmaceutical companies Abbott, Menarini and Johnson & Johnson for participating in a bid-rigging cartel. Back in 2005 the PCA fined the (...)

The Portuguese Competition Authority caters to a catering cartel (Eurest, Trivalor, Uniself, ICA/Nordigal, Sodexo Portugal)
New University of Lisboa - Faculty of Law
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 Polish Competition Authority issues the highest fine in its history (Cement Cartel)
WKB Wiercinski Kwiecinski Baehr (Poznan)
,
Orange (Warsaw)
On December 8, 2009, the Polish competition authority, the President of the Office for Competition and Consumer Protection, issued a decision in which it found that 11 companies operating on the cement market entered into an anticompetitive agreement breaching Polish national law and the EU (...)

The Romanian Competition Authority imposes an 8% fine to an association of undertakings for price fixing and refers for the first time to criminal investigation bodies (Association of the Depositories of Cereals)
Nestor Nestor Diculescu Kingston Petersen (Bucharest)
Price fixing by associations of undertakings is no novelty in the competition world. Neither are heavy fines, although it is not often that a competition authority reaches an 8% fine for a short term infringement (be it price fixing), and without application of any aggravating circumstances. (...)

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

The European Court of First Instance hands down judgment reducing fines in monochloroacetic cartel case (Hoechst)
Van Bael & Bellis (Brussels)
On 30 September 2009, the Court of First Instance (“CFI”) handed down a judgment reducing the fine imposed by the European Commission on Hoechst GmbH for its participation in a market-sharing and price-fixing cartel on the monochloroacetic acid market in violation of Article 81 EC. In its (...)

The Paris Court of Appeal reduces fines in plywood cartel case (Établissement A. Mathé, Plysorol, Jean Thébaut)
Van Bael & Bellis (Brussels)
On 29 September 2009, the Paris Court of Appeal partially annulled a decision of 21 May 2008, whereby the French Competition Council (now the French Competition Authority) had fined six plywood manufacturers a total of € 8 million for having coordinated price increases within their trade (...)

The Danish High Court doubles fine imposed by the District Court on a professional association for recommending retail prices (Christmas Tree Growers Association)
Danish Competition and Consumer Authority (Copenhagen)
On 24 September 2009 the High Court of Eastern Denmark increased the fine imposed by a District Court on the Danish Christmas Tree Growers Association for having infringed section 6 of the Danish Competition Act (national provision similar to Article 101 of the TFEU) by having issued price (...)

A Danish Court of appeal reduces the fines imposed by the City Court on an association, its director and its deputy director for encouraging a price increase (Danish coach drivers’ association)
Danish Competition and Consumer Authority (Copenhagen)
On 3 September 2009, the Danish Eastern High Court reduced the fines imposed by the City Court of Copenhagenon the Danish Coach Drivers’ Association, its director and its deputy director for infringing Section 6 of the Danish Competition Act (equivalent to Article 81 EC) by encouraging its (...)

The European Court of Justice substantially reduces fine imposed in 2001 on a chemical company for its participation in a cartel on the citric acid market (Archer Daniels Midland)
Van Bael & Bellis (Brussels)
On 9 July 2009, the European Court of Justice (ECJ) partially upheld an appeal brought by Archer Daniels Midland (ADM) against a judgment of the Court of First Instance (CFI) of 27 September 2006. As a result, the € 39 million fine that the Commission had imposed on ADM in 2001 for its (...)

The German Higher Regional Court of Düsseldorf halves the fines to the cement cartel based on the result of an independent economic analysis (Cement Cartel)
RBB Economics (Brussels)
In 2001, the Bundeskartellamt conducted a series of dawn raids and discovered the existence of a cartel in the cement industry in Germany. Cement producers had divided the market, reaching agreements on sales quotas. This cartel had been operating at least since the beginning of the 1990s. (...)

The Budapest Court of Appeal notably reduces the fines in the “Egg cartel” case (Magyar Tojóhibrid-tenyésztõk és Tojástermelõk Szövetsége)
Szabó Kelemen & Partners
,
University of East Anglia - CCP (Norwich)
The Budapest Court of Appeal upheld, in its second instance judgement, the verdict of the Metropolitan Court of Budapest in the “Egg Cartel” case concerning an infringement decision. The court decreased the fines of the undertakings involved and the Alliance of Hungarian Henhybrid-breeders and (...)

The ECJ Advocate General Bot champions narrow reading of “actual impact on the market” criterion (Erste Group Bank)
Van Bael & Bellis (Brussels)
In his opinion delivered on 26 March 2009 in the Austrian Bankscase, Advocate General Bot recommended that the ECJ quash an earlier judgment of the CFI and lower the fines imposed on certain Austrian banks for their involvement in cartel practices. The Advocate General upheld the appellants’ (...)

The French NCA fines several temping agencies nearly € 100 M, but grants significant reductions for certain parties who enter into innovative commitments (Adecco, Manpower, VediorBis)
Hewlett Packard (Boulogne-Billancourt)
,
Ginestié Magellan Paley-Vincent (Paris)
On 2 February 2009, the French Competition Council ("the Council") fined several agencies active in the temporary employment sector in France (Adecco, Adia, Manpower and VediorBis - "the Companies") for concerted practices. Context Temping enables businesses desiring more flexibility to use (...)

The European Commission fines six producers in the Marine Hoses cartel (Bridgestone, Yokohama, Dunlop Oil & Marine, Trelleborg, Parker ITR, Manuli, PW Consulting)
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 ECJ Advocate General Mengozzi recommends annulment of CFI’s judgment in the chemical sector (Archer Daniels Midland)
Van Bael & Bellis (Brussels)
Advocate General (AG) Mengozzi has recently delivered two interesting opinions in the field of competition law enforcement. On appeal in the AEPIand Archer Daniels Midlandcases, he advised the Court of Justice to quash the judgments of the Court of First Instance (CFI). He further recommended (...)

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

The Austrian Supreme Court upholds record fine amounting to € 75.4 M (Elevators and escalators suppliers)
DORDA
,
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 Hungarian High Court of appeal upholds the competition office decision case and also accepts the approach of the first instance decision as regards the reduction of the fines (GIS cartel)
Oppenheim (Budapest)
,
Oppenheim (Budapest)
The Budapest Court of Appeal upheld, in its second instance judgment, the verdict of the Metropolitan Court of Budapest in the "GIS cartel" case: the judgment confirmed the existence of the infringement, whilst it accepted the lower court’s decision to decrease the fines imposed on the (...)

The Bulgarian Competition Authority applies Art. 81 EC and the useful effect doctrine to minimum price maintenance and sets aside a statutory provision facilitating it (Chamber of the design engineers)
Kinstellar (Sofia)
The Bulgarian Commission for Protection of Competition (the ¡°CPC¡±) found that a methodology for setting the prices of structural design services adopted by a professional regulation body effectively introduced minimum price maintenance and condemned the methodology as anticompetitive. The (...)

The Paris Court of Appeal reduces fines for a market-sharing agreement in the construction sector (France Travaux)
Van Bael & Bellis (Brussels)
On 24 June 2008, the Paris Court of Appeal reduced and annulled some of the fines previously imposed by the French Competition Council on a number of building and civil engineering companies for having entered into a market-sharing agreement relating to public markets in the Île-de-France (...)

The European Court of First Instance reduces cartel fine on the sorbates market by € 25 million (Hoechst )
Van Bael & Bellis (Brussels)
On 18 June 2008, the Court of First Instance (CFI) handed down its judgment regarding an appeal by Hoechst AG requesting the annulment of the Commission’s decision of 1 October 2003, which found that Hoechst had participated in a cartel on the sorbates market or, in the alternative, a reduction (...)

A Polish Court upholds a decision of the Polish Competition Authority on resale price maintenance (Polifarb Cieszyn)
Van Bael & Bellis (Brussels)
On 29 May 2008, a Polish court upheld a decision of the Polish Competition Authority finding that a supplier of paint and varnish (Polifarb Cieszyn-Wroclaw) and seven DIY supermarket chains (Leroy Merlin, Saint Gobain, Praktiker, Nomi, Obi, Bricomarche and Castorama) engaged in unlawful resale (...)

The Paris Court of Appeals upholds the French Competition Council’s decision on cement supply and distribution in Corsica but reduces fines (Lafarge Ciments / Vicat)
Hewlett Packard (Boulogne-Billancourt)
On 6 May 2008, the Paris Court of Appeals (the "Court of Appeals") upheld a decision of the Conseil de la concurrence (the "Competition Council") in case 07-D-08 on 12 March 2007 (Decision 07-D-08) relating to practices in cement supply and distribution in Corsica. In its decision, the (...)

The Budapest Court of Appeal annuls fines imposed on artists’ associations (Magyar Alkotóművészek Országos Egyesülete)
Van Bael & Bellis (Brussels)
By judgment of 2 April 2008, the Budapest Regional Court of Appeal reduced the cartel fine that the Hungarian Competition Authority (GVH) had imposed on three associations of artists in 2005 for coordinating their members’ prices. While the GVH had originally imposed fines totalling HUF 26.5m (...)

The Lisbon Commerce Court confirms against cartel operating in the Port of Setúbal but reduces fines (Rebonave, Rebosado and Lutamar)
University of Lisbon
,
Abreu Advogados (Lisbon)
Following the Portuguese Competition Authority (PCA) decision dated April 2007 imposing a EUR 185.000 fine on REBONAVE, REBOSADO and LUTAMAR (tug services providers in the port of Setúbal involved in a price fixing and client sharing cartel), all three undertakings appealed the decision to the (...)

The Romanian Competition Council fines 6% of their turnover members of a cartel (Fresenius Medical care, Alsifcom Intermed, Opremi Medfarm)
Peli Filip (Bucharest)
The Romanian Competition Council (the “Council”) has issued earlier this year its decision 12/2008 (the “Decision”) regarding (i) the breach of art. 5(1) (f) of the competition Competition Law n° 21/1996 (the “Competition Law”), by Fresenius Medical care SRL, Alsifcom Intermed SRL and Opremi Medfarm (...)

The Lithuanian NCA inflicts its highest fine ever on a professional association running confidential information exchange scheme on the raw milk procurement and dairy products markets (Dairies III)
Lithuanian Competition Council (Vilnius)
On 28 February 2008 the Lithuanian Competition Council fined seven dairy companies for their involvement in the exchange of confidential information said to have restricted competition on the raw milk procurement market and on a number of markets for individual dairy products. The total amount (...)

The Turkish Competition Board confirms fine on only one cartel member for price fixing in the ready mixed concrete market (Lafarge)
University of Leeds
The Turkish Competition Board (TCB) has confirmed the fine it had levied on a single member of a cartel in the ready mixed concrete market in the Marmara region in a recent decision. The original decision which seems to have caused controversy within the TCB - the dissenting opinions of the (...)

The European Commission imposes fines against manufacturers in the synthetic rubber cartel cases (Bayer, Zeon)
DG COMP (Brussels)
,
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 (...)

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

The Paris Court of Appeals upholds the French Competition Council’s decision on the railway laying and maintenance cartel but reduces fines (SNCF/ETF and SPTV)
Simmons & Simmons (Paris)
,
Hewlett Packard (Boulogne-Billancourt)
On 2 October 2007, the Paris Court of Appeals (the "Court of Appeals") upheld a decision issued by the Conseil de la concurrence (the "Competition Council") in Decision n° 06-D-15 dated 14 June 2006 relating to practices implemented in the railway laying and maintenance sector. In this decision, (...)

The Austrian Supreme Court increases one of the fines imposed to banks by the NCA in the ATM agreement case from € 5 to 7 M (Europay Austria, "Bankomat-Vertrag")
Reidlinger Schatzmann Rechtsanwälte (Vienna)
,
Bpv Hügel (Vienna)
On 12 September 2007, the Austrian Supreme Cartel Court decided on the appeals lodged against the Cartel Court’s decision imposing a fine of EUR 5 million on Europay Austria. We reported on the Cartel Court’s decision in e-Competitions. By way of summary, Europay Austria was fined for (...)

The UK OFT imposes its highest ever fine and applies leniency in the course of civil and criminal law proceedings (British Airways)
Sanoma (Helsinki)
,
Clayton Utz (Sydney)
The United Kingdom’s Office of Fair Trading (OFT) recently confirmed that it had been investigating price coordination between British Airways plc (BA) and Virgin Atlantic plc (Virgin) in relation to long haul passenger and cargo businesses and flights to and from the UK. The OFT investigated (...)

The Stockholm City Court inflicts the highest amount of fines ever but casts doubts on fining predictability and consistency with EU law (Asphalt Cartel)
General Court of the European Union (Luxembourg)
,
SNP Schlawien (Munich)
Introduction This article comments on the most comprehensive cartel case in Swedish history. On 10 July 2007, the Stockholm City Court (SCC) delivered its nearly 600 page ruling in the Asphalt Cartel case. Although this case concerns the highest amount of fines ever imposed in a (...)

A Portuguese Court upholds Competition Authority decision that imposed a fine to an association for price fixing, but reduces the amount of the fine by considering the association turnover as relevant in place of the associates’ turnover (Veterinarian Medical Association)
European Court of Justice (Luxembourg)
On 5 July 2007, the Lisbon Court of Appeals upheld the Lisbon Court of Comerce ruling which confirmed the Competition Authority (“PCA”) decision imposing a fine of € 75,935.00 (seventy-five thousand nine hundred and thirty-five euros) on the Veterinarian Medical Association (“VMA”) for price (...)

The German Federal Supreme Court rules on the methods for quantifying cartel profits (Paper Wholesale-Cartel)
Eberhard Karls University of Tübingen
By its order of 19 June 2007 the Federal Supreme Court has ruled on the methods and the standard of proof for determining and quantifying cartel profits. Although this issue was dealt within the context of a fine decision, the rules established by the Court are also relevant in the field of (...)

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)
,
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 Luxembourg Competition Council imposes fines and daily penalties on flooring firms for not communicating concrete information to the Competition Inspectorate (House of justice)
Arendt & Medernach (Luxembourg)
,
NautaDutilh (Luxembourg)
Facts of the case 1. In Luxembourg, Article 6(2) of the Competition Act (loi du 17 mai 2004 relative à la concurrence) entrusts the Competition Council (Conseil de la Concurrence), an independent administrative body, with the public enforcement of Articles 3 to 5 prohibiting cartels and abuses (...)

The Lisbon Court of Appeal upholds case against shipping agents association for price-fixing (AGEPOR)
University of Lisbon
,
Abreu Advogados (Lisbon)
On 28 July 2006 the Lisbon Commerce Court upheld in substance a decision by the Portuguese Competition Authority (PCA) fining AGEPOR (Portuguese shipping agents association) € 195.000 for entering into price-fixing concerted practices but reduced the fine to € 130.000. Unhappy with the ruling, (...)

The Romanian Supreme Court overturns the NCA’s decision having fined one participant to a cartel for lack of sufficient proofs (Cement Cartel)
European Security Transport Association (ESTA)
Competition Council (Consiliul Concurentei), 26 May 2005, Decision n° 94 relating to the sanctioning of Lafarge Romcim SA, Holcim Romania SA and Carpatcement Holding SA for the infringement of Article 5(1) (a) of the Competition Law n° 21/1996 Decizia n° 94, privind sanctionarea societatilor (...)

The UK Competition Appeal Tribunal upholds a finding of bid rigging and declines to modify an allegedly unfair penalty in the biggest British cartel investigation ever (Makers)
Quebec Department of Justice (Quebec City)
Competititon Appeal Tribunal, February 22nd, 2007, Makers UK Limited v. Office of Fair Trading ; [2007] CAT 11 The Office of Fair Trading (OFT) has been conducting, over the last two years, the biggest UK cartel investigation ever. The investigation relates to bid rigging practices in the UK (...)

The European Commission fines cartel in the elevators and escalators sector (Otis, KONE, Schindler and ThyssenKrupp)
European Wind Energy Association (EWEA)
,
Gibson Dunn (Brussels)
,
DG EMPL (Brussels)
"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 Greek Competition Commission fines € 9 M refineries for price coordination in the jet aviation fuel sector (IATA/ El.PE.-Motor Oil)
University College London
Factual Background A. The Complaint IATA, the International Organization for Jet Aviation services, lodged a complaint against EL.PE SA and Motor Oil SA, major oil refineries operating in the Greek market, concerning the uniform application of prices in the sector of Jet Aviation Fuel. The (...)

The EU Commission fines a cartel in the gas insulated switchgear sector
DG COMP (Brussels)
,
DG COMP (Brussels)
,
Hong Kong Competition Commission
"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 French Competition Authority sanctions several companies for having entered into an agreement in the sector for the collection and the treatment of wastes in Seine-Maritime (Veolia Propreté & Sita France)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Agreement in the sector for the collection and the treatment of wastes in Seine-Maritime: As part of a negotiated settlement, subsidiaries of Veolia Propreté and Sita France benefited from extenuating (...)

The European Commission adopts revised leniency notice to reward companies that report hard-core cartels
DG COMP (Brussels)
,
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 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 (Helsinki)
,
Krogerus (Helsinki)
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 Lisbon Commerce Court confirms decision against shipping agents association for price-fixing but reduces the amount of fines (AGEPOR)
University of Lisbon
,
Abreu Advogados (Lisbon)
In January 2006 the Portuguese Competition Authority (PCA) fined AGEPOR, a Portuguese shipping agents association, € 195.000 for price fixing. AGEPOR appealed against the decision to the Lisbon Commerce Court. AGEPOR grounded its appeal both on procedural and substantive arguments. First, the (...)

The US DoJ settles gun-jumping charges against communication technology companies (Qualcomm / Flarion)
Skadden, Arps, Slate, Meagher & Flom (Palo Alto)
,
Skadden, Arps, Slate, Meagher & Flom (New York)
On April 13, 2006, the Department of Justice (“DOJ”) announced that it had reached a $1.8 million settlement with Qualcomm Incorporated and Flarion Technologies, Inc. to resolve allegations that they each violated the Hart-Scott-Rodino Act of 1976 (“HSR Act”) by “jumping the gun” in connection with (...)

The Lisbon Court of Commerce reduces the fines applied by the Portuguese NCA’s for selling products at a price lower than its effective purchase price (Gestiretalho)
Cuatrecasas, Goncalves Pereira (Lisbon)
,
Gleiss Lutz (Stuttgart)
On 18 January 2006, the Lisbon Court of Commerce partially admitted the appeal filed by Gestiretalho - Gestão e Consultoria para a Distribuição a Retalho, S.A. against the Portuguese Competition Authority. The Portuguese Competition Authority had found in 2003 (precise date not available) that (...)

The European Commission fines nine companies a total of € 43.5 M for participating in industrial thread cartels (Ackermann Nähgarne, Amann und Söhne, Barbour Threads, Belgian Sewing Thread, Bieze Storck, Coats Viyella, Gütermann and Zwicky & Co)
DG COMP (Brussels)
"Commission fines nine companies a total of € 43.5 million for participating in industrial thread cartels"* On 14 September 2005, the European Commission fined thread producers a total of € 43.5 million for operating cartels in the market for industrial thread. Industrial thread is used in a (...)

The European Commission fines Japanese manufacturer of electronic musical instrumental for restrictions of trade and resale price maintenance in Europe (Yamaha)
DG COMP (Brussels)
"Commission fines Yamaha for restrictions of trade and resale price maintenance in Europe"* On 16 July 2003, the Commission adopted a decision finding that Yamaha Corporation Japan, Yamaha Europa GmbH, Yamaha Musica Italia s.p.a., Yamaha Musique France S.A. and Yamaha Scandinavia AB have (...)

The Spanish National Court significantly reduces the fine imposed on a local association of driving schools for issuing a collective recommendation on prices (Autoescuelas Alcalá)
Martinez Lage, Allendesalazar & Brokelmann (Madrid)
The decision of the competition authority On 9 March 2000, the Tribunal de Defensa de la Competencia (TDC) -the second-tier competition authority that existed in Spain under Act 16/1989 and that has been replaced since September 1st 2007 by a single body, the National Competition Commission- (...)

The EU Commission imposes a fine of € 51.8 M on companies for participating in a price-fixing cartel in the market of isostatic specialty graphite
DG COMP (Brussels)
"The specialty graphite price-fixing cartels"* On 17 December 2002 the Commission fined SGL Carbon AG, Le Carbone-Lorraine S.A., Ibiden Co., Ltd., Tokai Carbon Co., Ltd, Toyo Tanso Co., Ltd., NSCC Techno Carbon Co., Ltd., Nippon Steel Chemical Co., Ltd., Intech EDM B.V. and Intech EDM AG a (...)

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

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

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

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

The European Commission imposes a fine of € 57.53 M on companies active in the chemical industry for fixing the price and sharing the market and grants for the first time a reduction of fine pursuant to Section B of its leniency notice (Sodium gluconate cartel)
DG COMP (Brussels)
,
DG GROW (Brussels)
"Commission adopts eight new decisions imposing fines on hard-core cartels - 1. The sodium gluconate cartel"* Following-up on two Decisions adopted earlier in the year 2001 (DecisionsSAS-MaerskandGraphite electrodes, both adopted on 18 July 2001: see Competition Newsletter 2001, Issue n°3), the (...)

The European Court of Justice confirms the Commission’s decision concerning infringements of article 81 TFUE in a motor vehicle distribution case (Volkswagen)
DG COMP (Brussels)
,
DG COMP (Brussels)
"Judgement by the Court of First Instance of 6 July 2000 concerning Commission Decision 98/273/Volkswagen of 28 January 1998"* History By decision of 28.1.1998, the Commission had imposed a record fine of € 102 million on Volkswagen AG, for having committed a very serious infringement of (...)

The European Commission fines a price fixing cartel implemented by ferry operators (Greek Ferries)
Hellenic Competition Authority (Athens)
"Decision of the Commission dated 9/12/98 in case IV/34.466-Greek Ferries"* The facts Following receipt of a complaint from a member of the public, the Commission carried out investigations without prior warning at the offices of ferry operators, in Greece and in Italy in July 1994. Strong (...)

The European Commission fines a cartel of British sugar producers and merchants (Tate & Lyte, Napier Brown, James Budgett)
DG COMP (Brussels)
,
RBB Economics (The Hague)
"The Commission fines a cartel of British sugar producers and merchants"* On 14 October 1998, the Commission adopted a Decision by which fines have been imposed on the sugar producers British Sugar and Tate & Lyle, as well as the sugar merchants Napier Brown and James Budgett for violation (...)

The UK Competition Appeal Tribunal upholds the decision of the energy regulator, which found that National Grid had abused its dominant position in the market for the provision of domestic-sized gas meters, including the ancillary service of meter maintenance (National Grid / Electricity Markets Authority)
Shoosmiths (Thames Valley)
On 29 April 2009, the Competition Appeal Tribunal ("CAT") upheld the February 2008 decision of the UK energy regulator OFGEM, which found that National Grid had abused its dominant position in the market for the provision of domestic-sized gas meters, including the ancillary service of meter (...)

Dominance

The Italian Competition Authority applies the doctrine of essential facilities to a refusal to grant a copyright licence (Società Iniziative Editoriali)
Desogus Law Office (Cagliari)
Applying the doctrine of essential facilities to IP assets in the SIE case (decision no. 26312 of 21 December 2016, Case A503 Società Iniziative Editoriali/Servizi di rassegna stampa della Provincia di Trento- SIE), the Italian Competition Authority (ICA) found that a publisher infringed (...)

The French Supreme Court recalls the maximum fine incurred by associations compared to companies and clarifies the concept of undertaking underlying such distinction (Expert-comptable media association)
DLA Piper (Paris)
In its confirmatory ruling issued on 8 February 2017, the French judicial supreme court (Cour de cassation, chambre commerciale, hereafter the “Supreme Court”) specifies that the concept of “undertaking” used to subject any entity engaged in an economic activity, whatever its legal form, to the (...)

The Indian Competition Authority finds the largest national commercial real estate developer guilty of abuse of dominance for the second time in a short period but refrains from imposing a second fine (DLF New Gurgaon)
Vaish Associates, Advocates (New Delhi)
CCI again finds DLF abusing its dominant position* CCI by its order dated January 04, 2017 has found DLF and its group entities abusing its dominant position by imposing unfair and discriminatory conditions /prices on Informants in violation of Section 4 of the Act. The case was filed by Shri (...)

The Indian Competition Appellate Tribunal (COMPAT) cancels fine for abuse of dominance against coal company due to the Indian Competition Authority’s failure to uphold principle of natural justice (Coal India)
Vaish Associates, Advocates (New Delhi)
COMPAT sets-aside penalty of INR 1,773 Crores penalty on Coal India Limited (CIL) by CCI* COMPAT by its order dated May 17, 2016 has set aside CCI’s order dated April 15, 2014 wherein CCI had fined Coal India Limited for imposing unfair and discriminatory conditions in its fuel supply (...)

The U.S. Department of Justice recommends a significantly reduced fine for an auto parts manufacturer accused of bid-rigging and price-fixing (Kayaba Industry)
Jones Day (Houston)
,
Jones Day (Washington DC)
,
Jones Day (Chicago)
The U.S. Department of Justice has recommended a significantly reduced fine for an auto parts defendant accused of bid-rigging and price-fixing, based largely on the defendant’s having quickly instituted a rigorous antitrust compliance program – even though only after the government initiated its (...)

The Polish competition authority formally accepts the commitments offered in an abuse of dominant position case (Polish Petroleum and Gas Mining)
Freshfields Bruckhaus Deringer (Brussels)
In its decision of 31 December 2013 relating to an alleged abuse of dominant position on the retail and wholesale markets of gas supply, the Polish competition authority (Urząd Ochrony Konkurencji i Konsumentów, the "UOKiK") formally accepted the commitments offered by Polskie Górnictwo Naftowe i (...)

The French Competition Authority imposes fines totalling € 183.1 M on two leading mobile operators for implementing abusive rate differentiations (Orange, SFR)
Baker Botts (Brussels)
Following a complaint lodged in 2006 by the then latest market entrant, Bouygues Télécom, the French Competition Authority (hereinafter the ‘FCA’) adopted on 13 December 2012 a 171-page long decision (hereinafter the ‘Decision’) by which it sanctioned the two largest French mobile network operators (...)

The Belgian Competition Council imposes on national postal incumbent a fine of more than € 37 M for applying a rebate scheme that infringed EU and national competition laws (Bpost)
European Commission
Belgium: Fine for Abuse of Dominance in Postal Sector* On 10 December 2012, the Competition Council (the Council) imposed on bpost (formerly called La Poste – De Post), the Belgian postal incumbent, a fine of € 37 399 786 for a rebate scheme called “model per sender” which was applied from (...)

The Slovakian Supreme Court rules that holding a successor liable under the economic continuity test does not constitute circumstances which warrant a reduction of the fine imposed (ZS Cargo)
Braun Partners (Prague)
On 26 October 2010, the Slovak Supreme Court as the final instance rejected the appeal made by the Slovak state-owned rail cargo incumbent, Zeleznicna spolocnost Cargo Slovakia, a.s.(“ZS Cargo”), against the first and second instance decision of the Slovak Competition Authority which imposed on (...)

The UK OFT agrees to reduce the fine imposed against a pharmaceutical firm for abuse of its dominant position (Reckitt Benckiser)
European Commission
United Kingdom: Early Resolution Agreement in Reckitt Benckiser Abuse Case On 15 October 2010, the OFT announced that it had agreed to reduce the proposed fine by £ 1,800,000 (about € 1,162,040) to £ 10,200,000 (about € 6,584,893), following Reckitt Benckiser’s admission and decision to co-operate (...)

The Italian Competition Authority imposes fine against construction market leader for abuse of dominant position in the plasterboard market (Saint-Gobain Italia)
European Commission
Italy: Competition Authority (ICA) imposes Fine on Saint-Gobain PPC Italia S.P.A. in the Plasterboard Market In its meeting of 30 June 2010, the ICA ruled that Saint Gobain Ppc Italia S.p.A. (Bpb Italia) had engaged in abusive behaviour infringing national and EU competition rules in order to (...)

The EU General Court reduces fine in soda ash case (Imperial Chemical Industries)
Van Bael & Bellis (Brussels)
,
Practising Law Institute (New York)
On 25 June 2010, the General Court handed down its judgment in the long-running procedure concerning an alleged abuse of a dominant position by Imperial Chemical Industries Limited (“ICI”) on the market for soda ash. In its judgment, the General Court largely upheld the Commission’s findings, but (...)

The UK Court of Appeal upholds abuse of dominance finding against incumbent gas provider but reduces the size of the fine imposed (National Grid/Gas and Electricity Markets Authority, Capital Meters, Siemens, Meter Fit)
Shoosmiths (Thames Valley)
On 23 February 2010, the Court of Appeal held that the UK Competition Appeal Tribunal ("CAT") had correctly upheld a decision of the UK energy regulator, OFGEM, that National Grid had abused its dominant position in the market for the provision of domestic-sized gas meters. The CAT had reduced (...)

The Czech Competition Office fines a mineral water producing company for export bans but substantially lowers the fine taking into consideration cooperation and commitments (Karlovarské minerální vody)
Kinstellar
On 23 December 2009, the Czech Competition Office (the “Office”) ended an investigation against Karlovarské minerální vody (KMV) for export bans and imposed in a settlement procedure a fine of CZK 5 million (approximately EUR 192,000). This was the fourth case in which the Office had used settlement (...)

The Maltese Competition Authority fines the State undertaking entrusted with exclusive right for fuel provision for discriminatory pricing (Cassar Fuels / Enemalta)
Sciberras & Lia (Valletta)
By an application to the Commission for Fair Trading, the Director of the Office for Fair Trading premised that: (i) on 12th September 2005, the Office received a complaint from Cassar Fuels Limited, an agent and distributor of fuels to local industries including hotels, factories and (...)

The Italian Supreme Court upholds the NCA’s decision fining the energy incumbent € 4.5 M for having restricted independent importers to sell gas (ENI / Blugas-Snam)
Freshfields Bruckhaus Deringer (Rome)
,
Freshfields Bruckhaus Deringer (Rome)
On 6 November 2006, the Italian Supreme Administrative Court (Consiglio di stato) endorsed findings that ENI, the vertically integrated Italian gas incumbent, had failed to comply with the Italian Antitrust Authority (IAA) 2002 decision (Blugas-Snam)whereby ENI was found to have hampered the (...)

The Spanish Supreme Court reduces fine due to the lack of clarity of the legal framework that liberalized the market affected by the infringement (BT / Telefónica)
DG COMP (Brussels)
,
Cuatrecasas, Goncalves Pereira (Madrid)
On 23 March 2005, the Spanish Supreme Court considered that the lack of clarity of the legal framework that liberalized the market affected by Telefónica’s abusive conduct justified a reduction of the fine the Spanish Competition Authority imposed on Telefónica, S.A. (“Telefónica”) from 3.4 million (...)

The French Competition Authority imposes a reduced fine to the French post office and mail order companies for having implemented anticompetitive discounts in their contracts (La Poste)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Anticompetitive discounts in contracts between the French post office, La Poste, and mail order companies - The Conseil de la concurrence notes the undertakings given by La Poste and reduces the penalties (...)

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 UK Competition Appeals Tribunal upholds the decision of the DGFT that the appellant has abused a dominant position by pricing advertising in one of its newspapers at below average variable cost, but reduces the fine since the abusive conduct had only continued for one month (Aberdeen Journals)
Kings Chambers (Leeds)
This case involved two decisions by the Director General of Fair Trading (the « DGFT »), under the Competition Act 1998 (the « Act ») each of which was appealed to the Competition Appeals Tribunal (CAT). In both decisions the DGFT found that, in the period 1 March to 29 March 2000, Aberdeen (...)

Procedures

The UK Competition and Markets Authority issues updated guidance on the appropriate amount of penalties to be imposed for infringements of competition law
White & Case (London)
,
White & Case (London)
,
White & Case (Brussels)
On 18 April 2018, the Competition and Markets Authority issued updated guidance on the appropriate amount of penalties to be imposed for infringements of competition law in the UK. This replaces the previous guidance issued by the Office of Fair Trading (which the CMA replaced in 2014) and (...)

The Ukrainian Antimonopoly Committee adopts recommendations on approaches for calculation of fines for competition law infringements
Arzinger & Partner (Kiev)
The Antimonopoly Committee of Ukraine Adopted the Methodology for the Fines Calculation* On 15 September 2015, the Ukrainian competition authority, the Antimonopoly Committee of Ukraine (the AMCU), adopted Recommendations on approaches for calculation of fines for competition law infringements (...)

The Spanish Supreme Court declares illegal the criteria applied by the Spanish Competition Authority to calculate competition fines (BCN Aduanas y Transportes)
Uria Menéndez (Brussels)
,
Uria Menéndez (Madrid)
On 29 January 2015 the Spanish Supreme Court issued a landmark ruling clarifying the criteria to be applied by the Spanish Competition Authority (the “Authority”) when setting fines in national proceedings. This position has been confirmed in subsequent rulings. Since the entry into force in (...)

The UK’s High Court strickes out claim for restitution at common law (Lindum)
The University of Manchester
The case arise out the Office of Fair Trading (OFT) decision, dated 21 September 2009 (the Decision), in which the OFT imposed an excessive monetary penalty on Lindum at al. The Decision was open to a statutory appeal. However, the parties did not appeal and the deadline has lapsed. The parties (...)

The EU General Court dismisses an action for annulment on a claim of excessive length of the proceedings, since the applicant didn’t show any negative consequences impeding the right to fair trial (Reagens)
EFTA Surveillance Authority (Brussels)
Case T-30/10 Reagens SpA v Commission: unsubstantiated pleas and length of proceedings* The General Court’s judgment in Case T-30/10 Reagens SpA v Commission EU:T:2014:253 (alternative link here) doesn’t really break new ground. But it does remind applicants of a few basic truths. In some ways (...)

The UK’s Court of Appeal doesn’t allow appeals by four companies in an extension of the time limit for appealing a decision of the Appellant (Somerfield, Co-operative)
The University of Manchester
Facts of the case A key problem in this case was whether the Competition Appeal Tribunal (CAT) correctly held that there were “exceptional circumstances” justifying an extension of the time limit for appealing a decision of the Appellant, the Office of Fair Trading (OFT). The question to be (...)

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

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

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

The EU Court of Justice upholds General Court ruling finding that reduction in subsidiary’s fine also applies to parent company where appeals have common object (Pegler, Tomkins)
Van Bael & Bellis (Brussels)
On 22 January 2013, the Court of Justice of the EU (“ECJ”) ruled that, when the EU courts reduce a fine imposed by the Commission on a subsidiary for an infringement of the EU competition rules, they may also apply the same reduction to the fine imposed jointly and severally on the (...)

The German Federal Constitutional Court rules that the statutory imposition of interest on cartel fines is in compliance with the German constitution (VerzinsungspflichtfürKartellgeldbußen)
Commeo (Frankfurt)
According to Sec. 81 (6) of the German Act against Restraints of Competition ("ARC") interests are payable on fines imposed on legal persons and associations of persons in an administrative order of the German Federal Cartel Office ("FCO").In its decision of May 2011 the Higher Regional Court (...)

The Lithuanian Supreme Administrative Court revises a fine for failure to comply with a request for information (UAB Plungės Duona)
Herbert Smith Freehills (Brussels)
On 27 November 2012, the Supreme Administrative Court of Lithuania partially upheld an appeal against a ruling by the Vilnius District Administrative Court concerning a fine imposed on the industrial bakery UAB Plungės Duona for non-compliance with request by the Competition Council ("CC") for (...)

The EU Court of Justice entirely rejects an appeal by German energy company for failing to substantiate the unduly reversed burden of proof and the allegedly incorrect assessment of the fines imposed for breaching a seal during a EU dawn raid (E.ON)
Mircea & Partners (Bucharest)
I. Introduction Breaching of a seal constitutes a serious violation of the Commission’s investigative powers in the competition field for which fines not exceeding 1 % of the undertaking’s turnover may be imposed. On 15 April 2008, E.ON Energie brought an action for annulment against a (...)

The English Court of Appeals affirms Competition Appeals Tribunal’s broad discretion on costs in appeals against cartel decisions of the OFT under SI 2003/1372 s.55(2) (Quarmby v OFT)
Free University of Berlin
Appellants Quarmby Construction and its parent St James Securities Holdings (Quarmby) were found to have engaged in bid rigging in relation to five tenders for construction contracts in northern England between 2000 and 2006 and were fined £881,749. Quarmby appealed the decision to the (...)

The UK OFT publishes updated guidelines on its decisionmaking processes, in preparation for a wider reform of the UK competition law regime
Morgan Lewis (London)
,
Squire Patton Boggs (London)
,
Jones Day (London)
The UK Office of Fair Trading ("OFT") has published updated guidelines on its decisionmaking processes, in preparation for a wider reform of the UK competition law regime. The goals of the OFT’s revised procedures are quicker and fairer decisions by the OFT in enforcing UK and EU antitrust (...)

The England and Wales Court of Appeal requires for reasons of proportionality and fairness the setting aside of the multiplier raising the level of fines in the present case (Interclass & Anor /OFT)
Blackstone Chambers (London)
Fairness between infringers: the need for consistency in punishments* Competition lawyers may want to brush up on their criminal law. The Court of Appeal’s recent judgment in Interclass Holdings v OFT [2012] EWCA Civ 1056 borrows criminal law principles to guide the calculation of penalties (...)

A Dutch District Court reduces competition fine for breach of seal during ongoing competition investigations (Landelijke Huisartsen Vereniging)
Smeets Van Empel advocaten (Amsterdam)
Introduction The national society of general practitioners (Landelijke Huisartsen Vereniging, hereinafter “LHV”) was fined by the Dutch Authority for Consumers and Markets (hereinafter “ACM”) for a breach of a seal during ongoing competition investigations. In this case the District Court Rotterdam (...)

The UK OFT publishes new guidance for businesses and directors setting standard for promoting competition law compliance
University of East Anglia - CCP (Norwich)
Article published on Centre for Competition Policy blog. OFT Sets the Standard for Promoting Competition Law Compliance* The UK’s Office of Fair Trading should be applauded for making concerted efforts to promote competition law compliance. Today they published new guidance for businesses and (...)

The UK OFT issues revised guidance on how businesses can achieve compliance with competition law
Linklaters (London)
,
Linklaters (London)
,
UK Competition Appeal Tribunal (London)
On 27 June 2011, the OFT published guidance on how it will assess the extent of an individual director’s responsibility for infringements of competition law. Where a company has breached competition law, the OFT can apply to court seeking a competition disqualification order (“CDO”) against an (...)

The UK OFT publishes guidance to help company directors understand their responsibilities under competition law
Linklaters (London)
,
Linklaters (London)
,
UK Competition Appeal Tribunal (London)
On 27 June 2011, the OFT published guidance on how it will assess the extent of an individual director’s responsibility for infringements of competition law. Where a company has breached competition law, the OFT can apply to court seeking a competition disqualification order (“CDO”) against an (...)

The European Commission fines two leading company in the environment sector € 8 M for breach of a seal during an inspection (Suez Environnement/Lyonnaise des Eaux)
Van Bael & Bellis (Brussels)
On 24 May 2011, the Commission fined Suez Environnement and its subsidiary Lyonnaise des Eaux France (LDE) € 8 million for breach of a seal, affixed by the Commission during an inspection at LDE’s premises following suspicions of anti-competitive behaviour. From 13 to 16 April 2010, the (...)

The French Competition Authority issues guidance on antitrust fines
JPTT & Partners
,
White & Case (Paris)
On 16 May 2011, the Autorité de la concurrence, the French competition authority (the Autorité), unveiled its guidelines (the Communiqué) relating to the setting of financial penalties in antitrust cases. The Communiqué promised to herald a new, more sophisticated approach to competition law fines; (...)

The EU General Court grants a company further reduction in fine for cooperation in Spanish raw tobacco investigation (Cetarsa)
Van Bael & Bellis (Brussels)
On 3 February 2011, the General Court handed down a judgment reducing the fine imposed by the Commission on Compañía Española de Tabaco en Rama (“Cetarsa”) for its involvement in the Spanish raw tobacco cartel. In October 2004, the Commission adopted a decision fining four Spanish processors of raw (...)

The EU General Court grants a company further reduction in fine for cooperation in Spanish raw tobacco investigation (Cetarsa)
Van Bael & Bellis (Brussels)
On 3 February 2011, the General Court handed down a judgment reducing the fine imposed by the Commission on Compañía Española de Tabaco en Rama (“Cetarsa”) for its involvement in the Spanish raw tobacco cartel. In October 2004, the Commission adopted a decision fining four Spanish processors of raw (...)

The Macedonian Competition Authority adopts the fining guidelines under the new Law on protection of competition
Faculty of Law - University of Macau
On 13 November 2010 the new Macedonian Law on Protection of Competition has entered into force replacing the preceding Law that has been in force since 2005. The new law introduced a number of substantive and procedural changes that have been aimed at harmonizing the Macedonian competition law (...)

The Croatian Government adopts the fining guidelines under the new law on protection of competition
Faculty of Law - University of Macau
On 11 November 2010 the Croatian Government adopted the Regulation on setting the fines for competition law infringements (the Fining Guidelines), which is enforced by the Croatian Competition Authority (AZTN) starting from 27 November 2010. The Fining Guidelines were adopted under the new (...)

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

The Serbian Competition Authority issues its fining guidelines
Faculty of Law - University of Macau
The Law on Protection of Competition is applied by the Serbian Competition Authority (KZK) from 1 November 2009. At the same time it took some time for the Government to adopt the secondary legislation that would regulate in more detail the substantive and procedural aspects of the KZK‘s (...)

The Romanian Government substantially amends its competition law (Emergency Ordinance 75/2010)
European Investment Bank (Luxembourg)
In line with the increased activity of the Romanian Competition Council (hereinafter, the “RCC”), translated into more sector inquiries, a new leniency policy (together with a “leniency task force”) and the opening of several investigations, the Romanian Competition Law 21/1996 (hereinafter, the (...)

The Amsterdam Court of Appeal holds, after having heard the European Commission’s submissions provided as amicus curiae on the basis of Art. 15.3 Reg. 1/2003, that fines imposed by the EU Commission for breach of competition rules are not deductible from taxable profits (X B.V. Belanghebbende / Inspecteur Belastingdienst)
European Commission - DG HR (Brussels)
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European Court of Justice (Luxembourg)
The present judgement from the Gerechtshof Amsterdam (the Court of appeal of Amsterdam) follows the preliminary ruling issued by the European Court of Justice on 11 June 2009 in case C-429/07, Inspecteur van Belastingdienst v. X BV. The case at hand relates to a dispute between company X and (...)

The Swedish Competition Authority establishes policy for prioritization of competition and procurement cases as well as method for establishing fines in competition cases
White & Case (Brussels)
In an announcement dated 4 January 2010, the Swedish Competition Authority declares its new policy for prioritization of competition and procurement cases. This announcement follows a November 2009 memorandum on methods for establishing fines in competition cases, showing that the agency has (...)

A Slovak regional Court confirms strict criteria that courts have on reasoning of decisions of the Antimonopoly Office (SLOVNAFT)
Kinstellar (Prague)
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Kinstellar (Bratislava)
Factual background Regional Court Bratislava (“Court“) overruled, in its judgment dated 15 December 2009, two decisions of the Slovak Antimonopoly Office (the “AMO”), namely the first instance decision No. 2006/DZ/2/1/140 dated 22 December 2006 and the appellate decision No. 2007/DZ/R/2/102 dated (...)

The Swedish Competition Authority uses for the first time the "fine order" procedure as parties accepted not to refute the existence of a cartel in the energy sector (Rundvirke Poles)
Tele2
The Swedish Competition Authority (“SCA”) fined the undertaking Rundvirke Poles AB (“Rundvirke”) in the amount of SEK 2 million (approximately EUR 208.360) for illicit cartel behaviour on the market for power-line poles. While the level of the fine or the decision itself does not carry any (...)

The Düsseldorf Higher Regional Court expresses an interpretation of the maximum basic level of fine possible within the law of 10% of company turnover which deviates from the legal opinion and application practice of the German Federal Cartel Office (Cement manufacturers)
White & Case (Hambourg)
In its ruling of 26 June 2009, the OLG Düsseldorf has considerably reduced the original fines imposed by the German Federal Cartel Office (FCO) on five cement manufacturers for con-cluding quota agreements. Apart from this aspect, the ruling also contains a rather basic sec-tion in which the OLG (...)

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

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

The Spanish antitrust authority adopts a communication on the quantification of fines
European Court of Justice (Luxembourg)
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Garrigues (Brussels)
On 9 February 2009, the Spanish Antitrust Authority (Comisión Nacional de la Competencia or CNC) adopted a Communication on the quantification of sanctions for violations of Articles 1, 2 and 3 of the Spanish Competition Act and Articles 81 and 82 EC . The CNC adopted this piece of legislation (...)

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

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

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

The Polish Office of Competition and Consumer Protection issues draft guidelines for setting fines in respect of competition rules violations
Kochanski Zieba Rapala & Partners
This draft was issued pursuant to Articles 81 and 82 of the EC Treaty as well as Articles 6 and 9 of the Polish Act on Competition and Consumer Protection of 16 February 2007 (Journal of Laws of 2007, n° 50, pos. 331 as amended) (hereinafter the “CCP Act”). The draft aims at increasing (...)

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

The Polish Competition Authority considers that the fact that a practice is capable of affecting trade between Member States may be an aggravating factor (PZU Życie)
French National Research Agency - ANR (Paris)
It is well known that since 1st May 2004 and according to Article 3(1) of the Regulation n° 1/2003 the President of the Office of Competition and Consumer Protection (hereafter: the OCCP President), as the Polish National Authority, cannot apply only national law to practices prohibited by (...)

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

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

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

The Czech Office for the Protection of Competition publishes its first guidelines on fines
Czech Ministry of Justice (Prague)
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Czech Ministry of Justice (Prague)
Office for the Protection of Competition (Úrad pro ochranu hospodárské souteže), Guidelines of the Office for the Protection of Competition on the method of setting fines (Zásady postupu Úradu pro ochranu hospodárské souteže pri stanovování výše pokut) Presumably on 9 May 2007 (see below), the Czech (...)

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

The German Federal Cartel Office publishes guidelines on setting fines
Metro (Dusseldorf)
On 26 September 2006 the German Federal Cartel Office (“FCO”) published its Notice n° 38/2006 on the imposition of fines under section 81 (4) sentence 2 of the German Act against Restraints of Competition (ARC) against undertakings and associations of undertakings - Guidelines on the (...)

The German Federal Cartel Office publishes guidelines on the setting of fines against undertakings and associations of undertakings that have violated, inter alia, Art. 81, 82 EC
Fresenius Medical Care (Frankfurt)
Background In 2005, the German Act on Restraints of Competition (Gesetz gegen Wettbewerbsbeschraenkungen, or “GWB”) was substantially amended to harmonize German law with EU competition law, in particular Council Regulation (EC) n° 1/2003, of 16 December 2002, on the implementation of the rules (...)

The EU Commission’s Guidelines on the method of setting fines may allow an undertaking’s inability to pay to be taken into account
Norton Rose Fulbright (Paris)
“Inability to pay” – how final is a fine decision?* In these difficult economic times, companies caught up in EU competition enforcement proceedings now regularly claim that the imposition of heavy fines could put them out of business. “Inability to pay” (ITP) arguments have therefore become (...)

The Hellenic Competition Commission heavily fines an undertaking for non-compliance with its past decision condemning abusive rebates and discriminatory practices (Coca-Cola)
Hellenic Institute of International and Foreign Law (HIIFL)
Hellenic Competition Commission (Epitropi Antagonismou), 13 June 2006, Decision 309/V/2006, Coca Cola HBC S.A. The case concerns the imposition by the Hellenic Competition Commission of a penalty of € 8.662.644,00 on Coca Cola HBC S.A. according to Article 9§1(e) of Law 703/1977 for failing to (...)

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