Rebates

Anticompetitive practices

Rebates and competition law: An overview of EU and national case law
European Commission - DG COMP
1. Introduction Offering loyalty rebates is a common and effective competitive strategy that firms use to sell larger volumes to their customers. By granting fidelity discounts, producers lower the effective price their customers have to pay for incremental purchases. Loyalty rebates therefore (...)

The European Commission holds that a market operator, unlike a public authority, does not have to treat all customers equally (Flughafen Berlin-Schönefeld)
College of Europe (Bruges)
A Market Operator, unlike a Public Authority, Does not Have to Treat all Customers Equally* In managing infrastructure, a public authority acts as a private operator when it seeks a reasonable return on its investment and also takes into account the alternative of not operating the (...)

The Lithuanian Supreme Administrative Court confirms that 29 travel agencies breached antitrust rules to limit discounts for travel packages (Eturas)
Van Bael & Bellis (Brussels)
On 4 May 2016, the Lithuanian Supreme Administrative Court (“Lithuanian Supreme Court”) confirmed that 29 travel agencies had breached antitrust rules when using an online booking system to limit discounts for travel packages. This judgment follows the ruling handed down by the Court of Justice (...)

The Yunnan Development and Reform Commission investigates abuse of administrative power and cartel conduct (Yunnan Provincial Communications Authority)
University of Melbourne
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China Competition Bulletin (Beijing)
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Hogan Lovells (Beijing)
Yunnan DRC investigates abuse of administrative power and cartel in the telecommunications industry in Yunnan* On 2 June 2015, the NDRC announced that its local office in Yunnan Province, the Yunnan Development and Reform Commission (Yunnan DRC), found that the Yunnan Province Communications (...)

European Competition Authorities adopt decisions on Most Favoured Nation clauses and rebate schemes that are relevant and applicable in the context of ASEAN competition law (Booking.com / Post Danmark)
Rajah & Tann (Singapore)
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Rajah & Tann (Singapore)
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McCarter & English (Washington)
Introduction As we move into the second half of the year, we examine two recent competition enforcement cases in Europe, and consider their relevance and applicability in the context of ASEAN competition law. Specifically, we discuss the position taken in Europe with regards to Most Favoured (...)

A UK Court quashes the OFT decision accepting commitments for failing to inform itself about the possible impact on price transparency of an obvious and clear restriction on disclosure of price information (Skyscanner)
Ashurst (Milan)
UK Court quashes decision accepting the commitments by OTAs and hotel chain in the online booking sector* Last 26 September, following an appeal by meta-search site Skyscanner, the UK Competition Appeal Tribunal (“CAT”) quashed the decision of the Office of Fair Trading (the “OFT”) to accept (...)

The New Zealand Commerce Commission issues warning over no discounting clause implemented by community pharmacies association (DHB / Pharmacy Guild)
Steve Szentesi Law Corporation
Antitrust & Associations: Recent New Zealand Case a Reminder that Voluntary Industry Associations are Not Price Regulators* A New Zealand association related case announced today is a recent reminder that voluntary industry associations are not price regulators (see: Commission issues (...)

The New Zealand Commerce Commission issues warning pursuant to the removal of the restrictive clause from the community pharmacy services agreement (DHB / Pharma Association)
New Zealand Commerce Commission
Press releases published on New Zealand Commerce Commission Commission issues warning over ‘no discounting’ clause* The Commerce Commission has warned all New Zealand District Health Boards (DHBs) and pharmacies nationwide that “no discounting” clauses in the 2012 Community Pharmacy Services (...)

The Romanian Competition Authority imposes fines on companies active on market for dental products (Vita Germany a. o.)
European Commission
Romania: Fines imposed on Companies active on Market for Dental Products* On 5 February 2014, the Romanian Competition Council (RCC) announced in a press release that it had imposed fines totalling € 102 613 on five companies for agreeing on the maximum discount that could be offered by (...)

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

The German Competition Authority discontinues the proceedings against the splitting rebates following the decision of the manufacturer to apply the same rebates for brick-and-mortar and online sales (Bosch Siemens Hausgeräte)
German Competition Authority (Bonn)
Household appliance manufacturer Bosch Siemens Hausgeräte GmbH abandons anti-competitive rebate system* Bonn, 23 December 2013: As of 2014, the manufacturer of household appliances Bosch Siemens Hausgeräte GmbH will discontinue its system of performance rebates introduced on 1 January 2013. The (...)

The German Federal Cartel Office issues a press release concerning its decision to prohibit the hotel booking portal from continuing to apply its “best price” clause (Booking.com / Expedia / HRS)
Ashurst (Milan)
German Federal Cartel Office bans use of MFN clauses by HRS and opens new proceedings against Booking.com and Expedia* On 20 December 2013, Germany’s Federal Cartel Office (“FCO”) issued a press release concerning its decision to prohibit the hotel booking portal HRS from continuing to apply its (...)

The UK OFT opens consultation on the revised commitments proposed by online travel agencies (Booking.com / Expedia)
Ashurst (Milan)
UK OFT weighs revised commitments in the online hotel accommodation bookings* On 20 December 2013, the United Kingdom’s Office of Fair Trading (“OFT”) opened a consultation on the revised commitments proposed by Booking.com B.V. (“Booking.com”), Expedia Inc (“Expedia”) and InterContinental Hotels (...)

The German Competition Authority forbids the application of most favoured nation clause and orders its removal from the contracts between hotels and booking portals (HRS portal)
German Competition Authority (Bonn)
Online hotel portal HRS’s ’best price’ clause violates competition law – Proceedings also initiated against other hotel portals* Bonn, 20 December 2013: Today the Bundeskartellamt prohibited HRS from continuing to apply its ’best price’ clause (most favoured nation clause) and ordered the company to (...)

The Canadian Competition Bureau announces new regulatory intervention efforts into the regulation of pharmacists in Alberta
Steve Szentesi Law Corporation
Competition Bureau Announces First New Advocacy Initiative: Self-regulated Professions (Pharmacist Inducements in Alberta): Patient Care v. Competitive Markets* On September 10th, the Canadian Competition Bureau announced a public consultation for suggestions where it should intervene in (...)

The ECN Working Group on Competition Law gathers in Bonn to discuss matters related to vertical restraints in the internet economy
German Competition Authority (Bonn)
Vertical Restraints in the Internet Economy - Meeting of the Working Group on Competition Law in Bonn* Bonn, 14 October 2013: On 10 October 2013 the Working Group on Competition Law met in Bonn at the invitation of the Bundeskartellamt. At this year’s meeting more than 100 competition law (...)

The Hungarian Competition Authority establishes vertical restrictive agreements between book publishers and retailers and imposes fines (Pécsi Direkt)
Hungarian Competition Authority (Budapest)
Restrictive agreements on the book market* The Hungarian Competition Authority (Gazdasági Versenyhivatal - GVH) determined that Pécsi Direkt Kereskedelmi és Szolgáltató Kft., Líra Könyv Zrt., Libri Könyvkereskedelmi Kft, and Sun Books Könyvkereskedelmi Kft ("f.a." - being liquidated), which are book (...)

The Italian Competition Authority publishes the results of an inquiry on the modern trade sector (Indagine conoscitiva sul settore della GDO)
Legance - Studio Legale Associato
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Legance - Studio Legale Associato
Analysis The Italian Competition Authority (“ICA”) has carried out a sector inquiry in the Italian modern trade sector. The inquiry’s focus is mainly on the competition law impact arising from the practices commonly adopted by the modern trade (e.g. unilateral amendments of the contractual terms, (...)

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

The Hungarian Competition Authority imposes fines on two cable operator associations for infringing the rules prohibiting anti-competitive agreements (MKSZ, MKHSZ)
European Commission
Hungary: Fines imposed on two Cable Operator Associations* On 7 August 2013, the GVH (the Hungarian Competition Authority) imposed fines totalling HUF 11 000 00 (approximately € 37 000) on two cable operator associations for infringing the rules prohibiting anti-competitive agreements. The (...)

The Athens Administrative Court of Appeal upholds the NCA’s decision finding infringements of Art 101 and 102 TFEU and Art 1 and 2 Act 703/1977 through the implementation of exclusionary practices in the market for salty snack products (Tasty Foods)
Bank of Greece
Introduction On 13 March 2013, the Athens Administrative Court of Appeal (Dioikitiko Efeteio Athinon, hereafter: the Court) delivered Ruling No 869/2013 upholding Decision No 520/VI/2011 of the Hellenic Competition Commission (Elliniki Epitropi Antagonismou, hereafter: HCC). The contested (...)

The Croatian High Administrative Court upholds the decision of the Croatian Competition Authority concerning a rebate scheme applied by a mobile phone operator and its distributors (VIPnet)
University of Technology (Tallinn)
On 24 December 2012 the Croatian High Administrative Court (VUS) upheld the infringement decision issued by the Croatian Competition Authority (AZTN) against a mobile telecom operator VIPnet concerning the anti-competitive agreements in the form of the maximum rebates allowed to the (...)

The German Federal Cartel Office accepts commitments offered by German airline concerning its contracts with business clients and the collection of sensitive client information which might be anti-competitive (Lufthansa)
King’s College (London)
The commitments decision concerns the Federal Cartel Office’s (FCO) proceedings against Lufthansa‘s contracts with business clients and the collection of sensitive client information which might be anti-competitive. Background The FCO commenced proceedings against Lufthansa in September 2009, (...)

The EU Commission finds that given the nature of the relevant product, concerted practices covering a substantial part of the EEA may affect the interstate trade (e-books)
University of South Australia
Sad but true* I love commitments decisions because they are a quick read. But I also hate dislike them because they leave the reader angry hungry for more. Some evidence: in the E-Books case, the effect on trade condition was deemed fulfilled under the simplest possible sort of analysis: (...)

The European Commission accepts commitments in e-books case (Simon & Schuster, Harper Collins, Hachette, Holtzbrinck and Apple)
European Commission
European Commission accepts Commitments in E-Books Case* On 12 December 2012, the European Commission (Commission) accepted formally binding commitments from four international publishers (Simon & Schusters (CBS Corp., USA), HarperCollins (News Corp., USA), Hachette Livre (Lagardère (...)

The Competition Authority of Bosnia and Herzegovina prosecutes Serbian beer producer for resale price maintenance (Apatinska pivara Apatin, Dejan komerc)
University of Technology (Tallinn)
On 4 September 2012 the Competition Authority of Bosnia & Herzegovina (KV) held that Serbian beer producer Apatinska pivara Apatin d.o.o.and one of its B&H distributors Dejan komerc d.o.o.entered into a series of anti-competitive agreements containing resale price maintenance (RPM) (...)

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

The Lithuanian Competition Authority fines tours operators and travel agents for concerted practices relating to online sale of package tours (Eturas)
European Commission
Lithuania: The Competition Council imposes Fine of more than € 1 500 000 for Anti-competitive Practice relating to Online Sale of Package Tours* On 7 June 2012, the Competition Council of the Republic of Lithuania (the CC) adopted a decision in which 30 tour operators/travel agents were fined (...)

The German Competition Authority imposes fine of € 30 M on manufacturer of fire-fighting vehicles (Iveco)
Van Bael & Bellis (Brussels)
According to a press release of 7 March 2012, the German Federal Cartel Office (“FCO”) has imposed a fine of € 30 million on IVECO Magirus Brandschutztechnik GmbH (“IVECO”), a manufacturer of fire-fighting vehicles. IVECO is accused of having participated in illegal price- fixing, quota (...)

The Greek Competition Authority imposes fine for abuse of dominant position and anti-competitive practices in the salty snacks market (Food Tasty)
European Commission
Greece: The Competition Commission imposes Fine for Infringements of Articles 1 and 2 of Law 703/1977 as well as of Articles 101 and 102 TFEU in Salty Snacks Market * In its Decision No. 520/IV/2011 (published on 14 February 2012), the Grand Chamber of the Hellenic Competition Commission (HCC) (...)

The Serbian Competition Authority confirms fines against 12 pharmaceutical companies for entering into a restrictive agreement (Hemofarm)
Kinstellar (Belgrade)
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Kinstellar
On 26 January 2012 the Commision for the Protection of Competition of the Republic of Serbia (the "Competition Authority") issued a decision setting the amount of fines for 12 pharmaceutical companies (Hemofarm a.d., Galenika a.d., Zdravlje Leskovac a.d., Jugoremedija a.d., Slaviamed d.o.o., (...)

The Chinese MOFCOM, the NDRC, the Ministry of Public Security, the State Administration for Taxation, and the State Administration for Industry and Commerce jointly promulgate the working plan on rectifying fees charged in violation of rules and regulations by large retailers on suppliers
University of Melbourne
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China Competition Bulletin (Beijing)
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Institute of American Studies
On 26 December 2011, MOFCOM, the NDRC, the Ministry of Public Security, the State Administration for Taxation, and the State Administration for Industry and Commerce (SAIC) jointly promulgated the Working Plan on Rectifying Fees Charged in Violation of Rules and Regulations by Large (...)

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

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

A US Court of Appeals precludes tying claims brought by an hospital upholding the direct-purchaser rule under the Illinois Brick doctrine (Warren General Hospital/Amgen)
Wolters Kluwer (Riverwoods)
Illinois Brick Direct-Purchaser Rule Precludes Tying Claims by Hospital* The U.S. Court of Appeals in Philadelphia earlier this week reaffirmed the “bright-line” rule limiting federal antitrust standing to direct purchasers. The court upheld dismissal (CCH 2010-1 Trade Cases ¶77,043) of an (...)

The Serbian Competition Authority declares illegal a distribution agreement granting a distributor a 2% rebate for compliance with the supplier’s resale price maintenance policy concerning certain branded food products (Grand Prom, Idea)
University of Technology (Tallinn)
On 26 May 2011 the Serbian Competition Authority (KZK) has declared illegal the distribution agreement between Grand Prom a.d. (supplier) and Idea d.o.o. (distributor) granting to the distributor a 2% rebate for compliance with resale price maintenance policy set by the supplier in relation to (...)

The Hellenic Competition Commission imposes fines for infringements of both Art 101 and 102 TFEU as well as Art 1 and 2 Act 703/1977 through the implementation of exclusionary practices in the market for salty snack products (Tasty Foods)
Bank of Greece
Introduction On 5 May 2010, the Hellenic Competition Commission (Elliniki Epitropi Antagonismou, hereafter: HCC) issued an infringement decision against Tasty Foods, a company that is mainly active in the production and distribution of salty snack products in Greece, for violation of 101 TFEU (...)

A US Federal District Court rejects breach of contract defense based on the illegality of the contract under the Robinson-Patman Act (Pet Food Express, Royal Canin)
Wolters Kluwer (Riverwoods)
Robinson-Patman Act Defense Rejected in Breach-of-Contract Case&* Asserting a breach-of-contract defense based on the illegality of the contact under the Robinson-Patman Act appears to be as difficult as successfully alleging a Robinson-Patman Act claim itself. Earlier this week, the (...)

The Athens Administrative Court of Appeal annuls a decision of the Hellenic Competition Commission imposing fines for resale price maintenance in the automobile sector (ALTO Sarris/FIAT)
Bank of Greece
Introduction On 22 February 2011, the Athens Administrative Court of Appeal (Dioikitiko EfeteioAthinon, hereafter: the Court) delivered Ruling No 458/2011 annulling Decision No 437/V/2009 of the Hellenic Competition Commission (Elliniki Epitropi Antagonismou, hereafter: HCC) which had imposed (...)

The Athens Administrative Court of Appeal annuls a decision of the Hellenic Competition Commission imposing fines for resale price maintenance in the automobile sector (ALTO Sarris/FIAT)
Bank of Greece
Introduction On 22 February 2011, the Athens Administrative Court of Appeal (Dioikitiko EfeteioAthinon, hereafter: the Court) delivered Ruling No 458/2011 annulling Decision No 437/V/2009 of the Hellenic Competition Commission (Elliniki Epitropi Antagonismou, hereafter: HCC) which had imposed (...)

The Athens Administrative Court of Appeal annuls a decision of the Hellenic Competition Commission imposing fines for resale price maintenance in the automobile sector (ALTO Sarris/FIAT)
Bank of Greece
Introduction On 22 February 2011, the Athens Administrative Court of Appeal (Dioikitiko EfeteioAthinon, hereafter: the Court) delivered Ruling No 458/2011 annulling Decision No 437/V/2009 of the Hellenic Competition Commission (Elliniki Epitropi Antagonismou, hereafter: HCC) which had imposed (...)

The Athens Administrative Court of Appeal annuls a decision of the Hellenic Competition Commission imposing fines for resale price maintenance in the automobile sector (ALTO Sarris/FIAT)
Bank of Greece
Introduction On 22 February 2011, the Athens Administrative Court of Appeal (Dioikitiko EfeteioAthinon, hereafter: the Court) delivered Ruling No 458/2011 annulling Decision No 437/V/2009 of the Hellenic Competition Commission (Elliniki Epitropi Antagonismou, hereafter: HCC) which had imposed (...)

The Latvian Competition Council concludes its sector inquiry finding that existing regulation impedes price competition in medicine market
Competition Council of Latvia
Existing Regulation impedes Price Competition in Medicine Market On 1 February 2011, the Competition Council of Latvia (CC) published its conclusions of the Sector Inquiry into the pricing system in medicine market in Latvia. In its report, the CC draws attention to the existing problems in (...)

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

The Hellenic Competition Commission implements the decision of the Athens Court of Appeal that a fine should be calculated separately for infringements of Art. 101 and 102 of the TFEU (Nestlé)
OECD - Competition Division (Paris)
On 14 December 2010 the Hellenic Competition Commission (“HCC”) published a decision providing details on a fine imposed on NestléGreece (“Nestlé”), clarifying that about €22 million were due for abuse of dominant position and about €7.5 million were due for agreements restricting competition. 1. (...)

The Danish Competition Authority adopts decision without fines concerning resale price maintenance and restrictions of parallel trade in electrical appliances sector (Witt Hvidevarer)
Van Bael & Bellis (Brussels)
In a decision adopted on 24 November 2010, the Danish Competition Authority found that Witt Hvidevarer A/S (“Witt”), a Danish importer and wholesaler of robotic vacuum cleaners and floor washers manufactured by the American company iRobot, had engaged in anticompetitive practices over a period of (...)

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

The French Competition Authority accepts commitments in order to address competition concerns in the discount coupons sector (HighCo, Sogec & Perifem)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence accepts commitments enabling all market operators to use Webcoupon or to develop equivalent solutions.* After a referreal by the Institut de liaisons et d’études des industries de (...)

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 (...)

A US District Court finds sufficient ground for a claim on alleged illegal secret rebates, kickbacks and commissions, though it rejects the claim on collusive conduct on the market for sales of title insurance (California Title Insurance)
Sheppard Mullin (Los Angeles)
Strike Three: Plaintiffs Again Fail to Allege Facts of Collusion in Oligopoly Market* Rather than being "plus factors," allegations of interdependent industry structure simply demonstrate that the challenged conduct of defendant title insurers was as consistent with competition as with (...)

The Russian Competition Authority establishes the existence of price-fixing agreements concluded between a mobile phone manufacturer and its distributors (Nokia)
University of Technology (Tallinn)
On 23 September 2009 Russian Competition Authority (FAS) established that leading manufacturer of mobile phones NOKIA has infringed Russian competition law by including recommended resale prices in its distribution contracts. Due to the fact that NOKIA has subsequently deleted “recommended (...)

The French Competition Authority adopts decision relating to agency in women’s clothing and accessories sector (Punto Fa)
Van Bael & Bellis (Brussels)
On 30 June 2009, the French Competition Authority adopted a decision rejecting the complaint brought by the French Minister for the Economy for alleged resale price maintenance involving Punto Fa SL (“Punto Fa”) and its agents in France. Punto Fa is a supplier of women’s clothing and accessories (...)

The Croatian Competition Authority annulls the price-fixing agreements concluded between a mobile phone operator and its distributors (VIPnet)
University of Technology (Tallinn)
VIPnet d.o.o. (VIPnet) is a Croatian mobile telecom operator established in 1998 by the Mobilkom Austria AG. VIPnet provides its services through a network of “partners” and “wholesalers”. “Partners” sell VIPnet’s products and services directly to the final consumers on the VIPnet’s account. (...)

The Greek Competition Authority condemns two multinational companies for a rebate scheme in the gasoline market (BP/Shell)
Hellenic Competition Authority (Athens)
The case concerned the common conduct from the two multinational companies in the Greek gasoline market BP and Shell (40% of the internal market) from 1st January 2003 until 31 Decemer 2003. In particular, the investigation carried out ex officio by the Hellenic Competition Commission (HCC) (...)

The German Federal Competition Office imposes a fine on a pharmaceuticals distributor for having influenced in an anticompetitive way the resale prices for non-prescription pharmaceuticals (Bayer Vital)
Linklaters (Dusseldorf)
Description of the impugned case The case deals with an indirect RPM clause: Bayer Vital concluded target agreements with several pharmacies according to which Bayer promised an additional rebate to the pharmacies for the positioning of the Bayer products as premium products and the (...)

The Greek Competition Authority fines an automobile manufacturer for resale price maintenance (Hyundai Hellas)
Van Bael & Bellis (Brussels)
In a decision adopted on 29 November 2007 which has recently become available, the Greek Competition Authority found that Hyundai Hellas SA (“Hyundai”) had engaged in resale price maintenance with respect to sales of spare parts and after-sales services by members of its authorised network. The (...)

The French Competition Authority sanctions two French cement manufacturers for keeping for themselves the supply of Corsica to the detriment of foreign competitors (Lafarge Ciments / Vicat)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Supply and distribution of cement in Corsica: Conseil de la concurrence imposes fine of €25 million on cement manufacturers Lafarge and Vicat, and their distributors, for keeping for themselves the supply of (...)

The Finnish competition authority states that rebates granted by pharmaceutical companies to pharmacies are unlawful on the basis of both EC and national competition provisions
Smartflats
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Liège University - IEJE
In Finland, pharmaceutical companies very often offer to pharmacies rebates on the wholesale price of drugs. Typically, they try to attract pharmacies by granting them generous additional rebates on all their products. As such, rebates granted by a furnisher to its distributors do not raise (...)

The French Competition Authority sanctions a company and its distribution network for anticompetitive agreements and abuse of dominant position in the dog food market (Royal Canin)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Anticompetitive agreements and abuse of dominant position in the dog food market: The Conseil de la concurrence fines Royal Canin and distribution network a total of 5,000,000 Euros.* Following a referral (...)

The Czech Competition office states that a contractor’s undertaking not to supply to another purchaser for better prices is an anticompetitive agreement (Èeský Telecom/Joyce - Lucent)
Government of the Czech Republic
The Office for the protection of competition of the Czech Republic confirmed on March 25, 2005 its earlier first instance decision, in which it has found that the agreements concluded by Èeský Telecom with two suppliers of ADSL modems represent a prohibited price fixing agreement as they bind the (...)

The German Federal Cartel Office imposes fines on two manufacturers for infringing the prohibition to influence retail sale prices in an anticompetitive way (Swissphone Telecommunications / Ansmann Energy)
Linklaters (Dusseldorf)
Description of the impugned case One case deals with in indirect RPM clause: the producer of telecommunication equipment provided his dealers with rebates under the condition that they would maintain the recommended sale prices (Swissphone). In the other case, the producer of batteries and (...)

The French Competition Authority fines several manufacturers for having enforced a cartel agreement in the ball bearings sector (NSK France)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Agreement on price in the sector of ball bearings: the Conseil de la concurrence sentenced the main manufacturers for a total amount of approximately 19 million euros*. The Conseil de la Concurrence has (...)

The Netherlands Competition Authority imposes fines on petrol supplier and three filling stations for discount coordination (Tango)
Netherlands Authority for Consumers & Markets (The Hague)
NMa Fines Texaco and Three Texaco Filling Stations for Obstructing Tango in the Nijmegen Region* The Netherlands Competition Authority (NMa) has fined Texaco and three Texaco filling stations for a coordinated discount campaign in the Nijmegen region. The NMa has imposed a fine of EUR 1 (...)

The French Competition Authority fines several opticians for implementing an anticompetitive agreement in the spectacle frames sector (Optical Center)
French Competition Authority (Paris)
35 opticians from the Lyons region found guilty of trying to eliminate a cheaper competitor* Following a referral by the Minister of Economy, in a decision dated 14th June 2002, the Conseil de la concurrence penalised an anticompetitive agreement between 35 opticians based in Lyons. These (...)

The Netherlands Competition Authority decides that the system of maximum discounts applied by a professional association contravenes the competition law (Modint)
Netherlands Authority for Consumers & Markets (The Hague)
NMa Upholds Earlier Prohibition on Maximum Discounts in the Clothing Sector* The Nederland Competition Authority (NMa) has once again decided in a ruling on an administrative appeal that the system of maximum discounts applied by Vereniging Modint Ondernemersorganisatie voor mode en interieur (...)

The French Competition Council holds systematic discount prohibition in a selective distribution network as prohibited indirect resale price maintenance (Bausch & Lomb / Casino)
Terre Azur (Pomona Group)
Description of the impugned case Regarding to the facts, French competition Council showed that all pricing policy of distributors contrary to the price floor determined by the supplier, even on a short period, should be assimilated to a systematic discount prohibited by the supplier. Indeed, (...)

The Dutch Competition Authority issues report against price agreements on the petrol market that had exclusionary effects (Tango petrol stations / Texaco)
Netherlands Authority for Consumers & Markets (The Hague)
NMa Draws up Report on Texaco Due to Thwarting of Tango in the Nijmegen Region* The Dutch Competition Authority (NMa), after conducting an investigation, has drawn up a report against Texaco. The report is the result Texaco’s thwarting of Tango, a newcomer to the Nijmegen region, by means of a (...)

The European Commission addresses the issue whether the cumulative network of agreements of an individual brewer falls within the scope of EC competition rules (Greene King/Roberts)
Competition Economists Group (CEG)
"Greene King / Roberts"* Mr and Mrs Roberts operate a pub owned by Greene King. They complained in May 1997 to the European Commission asking the Commission to conclude that the beer tie (the obligation to buy most beer they sell only from Greene King, their landlord-brewer) in their lease (...)

The Hungarian Competition Office exempts supply agreements with vertical restraint (Henkel Magyarország)
lakatos, koves and partners
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lakatos, koves and partners
In 1998, the Hungarian Competition Office (HCO) initiated an investigation against Henkel Magyarország Kft. (Henkel) in order to determine whether supply agreements for glues concluded between Henkel and various retailers in Hungary comply with the prohibition of anti-competitive agreements. The (...)

The European Commission rejects complaints concerning the ’old’ standard UK pub leases incorporating a discount scheme (Inntrepreneur)
European Commission - DG COMP
"The “old” Inntrepreneur standard UK pub leases"* By Decisions of 5 March and 14 April 1998, the Commission has rejected the last two complaints concerning the “old” standard UK pub leases used by Inntrepreneur. The Commission rejected the complaints because there was no longer a Community (...)

The French Competition authority orders an opticians network to stop publishing prices “generally applied” within its exclusive distribution network (Krys)
PPG Industries (Rueil-Malmaison)
Description of the impugned case The present case deals with the commercial practices carried out by the optician Krys through its exclusive distribution network. Investigations have showed that Krys has led national promotion campaigns where prices were indicated has “generally applied” by the (...)

The French Competition Authority fines three companies for prohibiting their distributors from deducting discounts from their resale price (Moulinex, Calor, Seb)
PPG Industries (Rueil-Malmaison)
Description of the impugned case In the present case, Moulinex, Calor and Seb had implemented the following commercial policy : discounts for trade cooperation are granted at the end of the year only i) if retailers have not infringed French prohibition on resale at a below-cost price and ii) (...)

Dominance

The EU Court of Justice modernizes abuse of dominance (Intel)
Cleary Gottlieb Steen & Hamilton (Brussels)
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Cleary Gottlieb Steen & Hamilton (Brussels)
,
Cleary Gottlieb Steen & Hamilton (London)
(“CJEU”) set aside General Court’s 2014 Intel judgment, upholding a European Commission (the “Commission”) decision fining Intel €1.06 billion for abuse of dominance through exclusivity rebates . The CJEU held that the General Court had erred in failing to examine all of Intel’s arguments calling (...)

The EU Court of Justice quashes the 2014 judgment of the General Court that upheld a fine of €1.06 billion for an abuse of dominant position by implementing loyalty rebates based on exclusivity agreements (Intel)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
On September 6, 2017 ,the Court of Justice of the European Union (CJEU) quashed the 2014 judgment of the General Court (GC) that upheld a fine of €1.06 billion ($1.5 billion) on Intel Corporation Inc. (Intel) for abusing a dominant market position by implementing loyalty rebates based on (...)

The EU Court of justice revisits forty years of case law on when a dominant company’s rebate scheme may be abusive (Intel)
Baker McKenzie (Brussels)
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Baker McKenzie (London)
In its ruling on the European Commission’s 500 page Intel decision, in a crisp 150 paragraphs, the EU Court of Justice (the Court) revisited forty years of jurisprudence on when a dominant company’s rebate scheme may be abusive. Though no final decision for Intel, the case marks a potentially (...)

The EU Court of Justice annuls a General Court ruling that upheld the fine imposed by the Commission for an abuse of dominance (Intel)
Jones Day (Brussels)
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Jones Day (Brussels)
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Morgan Lewis (Frankfurt)
What happened? The European Court of Justice ("ECJ") set aside a General Court ruling that had upheld a €1.06 billion fine imposed by the European Commission on Intel for abusing its dominant position in the market for x86 central processing units ("CPUs"). Background In its 2009 decision, (...)

The EU Court of Justice endorses an effects-based assessment of rebates (Intel)
White & Case (Brussels)
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White & Case (Brussels)
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White & Case (Brussels)
On 6 September 2017, the Court of Justice of the European Union ("CJEU" or "Court") essentially held in Intel that the European Commission ("Commission") cannot consider rebates, and in particular loyalty rebates, as per se illegal. Rather, the Commission needs to show that a specific rebates (...)

The EU Court of Justice issues landmark judgment on legal treatment of fidelity rebates granted by dominant companies (Intel)
Van Bael & Bellis (Brussels)
On 6 September 2017, the Court of Justice of the European Union (“ECJ”) issued its long-awaited judgment in the Intel case (Case C-413/14 P), setting aside the General Court’s (“GC”) judgment. The GC must now re-assess the legality of the Commission’s decision in light of the ECJ’s ruling. Intel was (...)

The Turkish Competition Authority decides that a worldwide manufacturer of luxury sunglasses abused its dominant position by granting rebates and resorting to other exclusionary practices (Luxottica)
University of Sussex
This case note analyses the decision of the Turkish Competition Authority (TCA) in which it has decided that the worldwide manufacturer of luxury sunglasses, Luxottica, abused its dominant position it held in the market for the wholesale of branded sunglasses by its rebate schemes which include (...)

The Belgian Competition Authority fines the country’s largest yeast producer for resale price maintenance and abuse of dominance (Algist Bruggeman)
Liège University - IEJE
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Liège University - IEJE
I. The Parties Algist Bruggeman NV (‘Algist’) is the largest supplier of yeast products in Belgium. Algist markets itself as a producer of high quality yeast products with a corresponding price positioning. II. The Facts In January 2013, the BCA opened an ex officio investigation after an (...)

Advocate General Wahl recommends that the EU Court of Justice grant an appeal against the judgement of the General Court, which had upheld a decision of the European Commission imposing a fine of € 1.06 billion for abuse of a dominant position (Intel)
Van Bael & Bellis (Brussels)
On 20 October 2016, Advocate General Wahl rendered his opinion on Intel’s appeal before the Court of Justice of the European Union (“CJEU”) against the judgement of the General Court, which had upheld a decision of the European Commission of 13 May 2009 imposing a fine of € 1.06 billion for abuse (...)

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

The French Competition Authority fines a company for abuse of dominance in the Hertzian broadcasting market (Itas Tim / TDF)
French Competition Authority (Paris)
DTT broadcasting* The Autorité de la concurrence fines TDF 20.6 million Euros for abusive intervention with the municipalities aimed at hindering the establishment of its competitors. Besides, the Autorité has fined a loyalty rebate system encouraging TV channels to use TDF’s services for most (...)

The Croatian Competition Agency accepts commitments proposed by an undertaking suspected to abuse of dominance in the newspapers market (Tisak)
Croatian Competition Agency
Tisak reviews the commission rates in newspapers sales* The Croatian Competition Agency (CCA) accepted the committments of the undertaking Tisak with the view to eliminating possible anticompetitive effects in the commission sales of newspapers in the proceedings that has been carried out by (...)

The Turkish Competition Board concludes that a new turnover rebate system does not constitute an abuse of dominance in the fuel wholesale market (Tüpraş / Ader)
ELIG, Attorneys-at-Law
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ELIG, Attorneys-at-Law
This case note analyses the Turkish Competition Board’s (“Board”) TÜPRAŞ decision of 16.03.2016, No. 16-10/159-70. The Board reviewed the allegations of abuse put forward by Akaryakıt Ana Dağıtım Şirketleri Derneği (“ADER”) against Türkiye Petrol Rafinerileri A.Ş. (“TÜPRAŞ”). TÜPRAŞ allegedly abused its (...)

The Düsseldorf Higher Regional Court finds that “wedding-rebates” requested by a food retailer from its suppliers are not abusive (EDEKA)
Commeo
In its judgement of 18 November 2015, the Düsseldorf Higher Regional Court (“the Court”) quashed a decision of the Federal Cartel Office (“FCO”) which stated that German food retailer EDEKA abused its dominant position by requesting preferential purchase conditions and bonus payments from sparkling (...)

The EU Court of Justice confirms “safe harbour” for volume rebates but creates new challenges (Post Danmark II)
Gibson Dunn (Brussels)
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Gibson Dunn (Brussels)
Rethinking Rebates Policy Under EU Competition Law* On 6 October 2015, the European Court of Justice (ECJ) ruled in a case concerning rebates and when they fall foul of EU competition law. Background The case concerns Post Danmark and, unlike appeals against European Commission Decisions, (...)

The Hungarian Competition Authority fines two undertakings for creating and operating a rebate system to the detriment of their online retailers of contact lenses and care products (Alcon Hungária)
Hungarian Competition Authority (Budapest)
The GVH stepped up against the restriction of the online distribution of contact lenses and care products* The Hungarian Competition Authority (GVH) established in its decision that by creating and operating a rebate system to the detriment of the online retailers of CIBA contact lenses and (...)

The Court of Appeal of the State of California holds that cross subsidization through below cost discounts for the purpose of maximized profits of the core business does not violate Californian unfair practices Act (Dixon Gas / Safeway)
Sheppard Mullin (Los Angeles)
Cross Subsidization For Purpose Of Enhanced Grocery Sales Through Alleged Below Cost Gasoline Discounts Found Not To Violate California Unfair Practices Act* Injury to competing retail fuel stations is non-actionable where market conditions demonstrate that an “incipient antitrust violation” is (...)

The EU Commission announces two investigations against a chipmaker company for predatory pricing and rebates (Qualcomm)
Constantine Cannon (London)
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Constantine Cannon (London)
European Commission Doubles Down On Antitrust Investigations Against Giant U.S. Chipmaker Qualcomm* The European Commission (“EC”) announced yesterday it has opened two antitrust investigations into possible abusive behavior by the U.S. technology company Qualcomm, the world’s largest supplier of (...)

ECJ Advocate General Kokott deals another blow to economic assessment of rebates (Post Danmark II)
Baker McKenzie (Brussels)
Advocate general deals another blow to economic assessment of rebates* It is never a good sign when an advocate general’s opinion warns the European Court of Justice (ECJ) not to be swayed by “ephemeral trends” or the “Zeitgeist” of economic analysis, but instead to stick to the “legal foundations (...)

The US Court of Appeals for the 11th Circuit holds that a rebate program requiring exclusivity from distributors was an unlawful maintenance of monopoly power (McWane)
Sheppard Mullin (Los Angeles)
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Sheppard Mullin (Century City)
Eleventh Circuit Affirms FTC Finding that Rebate Program Served to Unlawfully Maintain Monopoly Power* The Eleventh Circuit recently affirmed a Federal Trade Commission finding that a manufacturer’s rebate program requiring exclusivity from its distributors was an unlawful maintenance of (...)

A US Court of Appeals formulates a more rigorous analytical framework to separate anticompetitive price bundles from bundles that simply indicate vigorous competition (Collins Inkjet / Eastman Kodak)
BakerHostetler (Washington)
Fit to Be Tied: Appeals Court Redefines Tying Arrangements Based on Bundled Pricing* Corporate antitrust compliance programs often spotlight the dangers of tying arrangements. Those risks arise when a seller with a dominant position in one product coerces its customers by offering that (...)

The Canadian Competition Bureau takes car rental companies to court for misinformation and unattainable advertised prices (Avis, Budget)
Affleck Greene McMurtry
Why Car Rentals Cost More Than Advertised: Avis and Budget Taken To Task By Competition Bureau* Canada’s Competition Bureau is accusing Avis and Budget of misleading consumers into thinking their rental car prices are lower than they actually are. The Bureau claims that prices are much higher (...)

The CJEU allows a specific discount strategy with exclusionary effect under EU postal liberalisation rules (Bpost)
University of Bristol - Law School
Marketing and the perfect crime? CJEU engages in a strange discussion of operational vs commercial discounts and issues ruling against mail consolidators (C-340/13, bpost)* In its Judgment in bpost, C-340/13, EU:C:2015:77, the CJEU has ruled that a discount system that offers reduced postal (...)

The Indian Competition Commission initiates investigations in relation to resale price maintenance in the e-commerce and automobile sectors (Jasper / KAFF, FX Enterprise / Hyundai)
Lakshmikumaran & Sridharan (New Delhi)
Competition Commission of India Initiates Investigation in relation to Resale Price Maintenance –impact on business operations* The Competition Commission of India (CCI) has recently launched investigations in relation to RPM in two sectors: the e-commerce sector (Jasper Infotech Private (...)

The Luxembourg Competition Council fines the incumbent telecom operator for abuse of dominance (Entreprise des Postes et Télécommunications)
European Commission
Competition Council Fines Incumbent Telecom Operator for Abuse of Dominant Position in Telecommunication Services Sector* On 13 November 2014, Luxembourg’s competition authority fined the Entreprise des Postes et Télécommunications (EPT), the parent company of Post Telecom, the incumbent telecom (...)

The Irish Competition Authority publishes an enforcement decision concerning state postal services provider (An post)
European Commission
Competition Authority Publishes Enforcement Decision concerning State Postal Services Provider* On 30 October 2014, the Competition Authority (Authority) published an Enforcement Decision following an investigation into how An Post - the State postal service provider - applied its Zonal (...)

The Slovenian Competition Protection Agency fines a broadcasting and internet media company in abuse case (Pro Plus))
European Commission
Slovenia: The Competition Protection Agency fines Media Company PRO PLUS in Abuse Case* On 21 July 2014, the Slovenian Competition Protection Agency (CPA) imposed a fine of nearly € 5 000 000 on PRO PLUS, a leading broadcasting and internet media company in Slovenia, for having abused its (...)

The Belgian Competition Authority imposes interim measures on a car manufaturer to allow a former concessionaire to continue trading as an independent repairer (BMW)
Simmons & Simmons (Brussels)
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Simmons & Simmons (Brussels)
On 11 July 2014, the Belgian Competition Authority adopted interim measures under the new interim measures procedure for the first time. The measures order BMW to take the necessary steps to allow a former BMW and MINI concessionaire to continue its business as an independent repairer. Under (...)

A US District Court dismisses a federal antitrust claim brought against automobile manufacturer by a franchise car dealer for failing to prove facts concerning an alleged tying between the rental agreement and the volume of cars sold (Matthew Enterprise / Chrysler Group)
Orrick, Herrington & Sutcliffe (San Francisco)
Northern District of California Addresses Functional Discounts, Price Discrimination Claims* In Mathew Enterprise, Inc. v. Chrysler Group, LLC, 2014 U.S. Dist. LEXIS 95522 (N.D. Cal. July 11, 2014) (Freeman, J.), the court dismissed certain Robinson-Patman Act price discrimination claims and (...)

The German Competition Authority decides that the wedding rebates constituted benefits without any objective justification resulting in abuse of dominance on the food retail market (EDEKA)
German Competition Authority (Bonn)
Bundeskartellamt takes decision of principle in food retail case - EDEKA’s demands on suppliers were abusive The Bundeskartellamt has issued a decision stating that the demands made by EDEKA Zentrale AG & Co.KG on suppliers after its takeover of the Plus stores in 2009 ("wedding rebates") (...)

The EU General Court upholds Commission’s decision imposing a fine on a manufacturer for restricting competition and foreclosing competitors by granting exclusivity rebates in the market for computer processors (Intel)
European Commission - DG COMP
The views expressed in this memo are those of the author’s, and do not reflect the opinions of other CRA experts, or CRA’s clients. A test-case for the effects-based approach In a long-awaited ruling, General Court judgment has confirmed the Commission’s 2009 Intel décision. The Commission’s (...)

The EU General Court upholds the European Commission’s decision regarding exclusivity rebates on the microprocessor market (Intel)
Dentons (Brussels)
Introduction On 12 June 2014 the General Court issued a judgment upholding in its entirety the European Commission’s decision of 13 May 2009 imposing a fine of €1.06 billion on Intel for abusing its dominant position in the market for x86 central processing units ("CPUs"). In its ruling on the (...)

The EU General Court provides an in-depth analysis of the anti-competitive character of the matter of exclusivity rebates offered to the OEM partners (Intel)
EFTA Surveillance Authority
Case T-286/09 Intel : Characterisation of rebates* It is time to get deeper into the frenzy of the judgment in Case T-286/09 Intel which we summarised very quickly here in our first post on the case. Let us start by looking at the characterisation of rebate schemes by the General Court. The (...)

The EU General Court holds that the exclusivity rebates by their nature are capable of restricting competition and foreclosing competitors from the market for computer processors (Intel)
EFTA Surveillance Authority
Case T-286/09 Intel v Commission: Exclusivity rebates and abuse of a dominant position* Right then, folks, brace yourselves…. The much awaited judgment of the General Court in Case T-286/09 Intel v Commission EU:T:2014:472 came out today. It’s a whopper ! 255 pages. Summarising it is reminds me (...)

The EU General Court upholds the Commission decision in consideration of two exclusionary practices on the market for supply of CPUs, opening the door to a further appeal to the CJEU and to a possible application before the ECtHR (Intel)
University of Bristol - Law School
Could Intel challenge its 1bn Euro fine on grounds of ’corporate human rights’* After last week’s General Court Judgment in Intel v Commission, T-286/09, EU:T:2014:475, the 2 month period for Intel to appeal the confirmation of its 1bn Euro fine before the Court of Justice of the EU on points of (...)

The US antitrust enforcing agencies hold a one-day public workshop to explore the economics and legal policy implications of certain pricing practices, such as loyalty and bundled pricing
University of Michigan
FTC/DOJ Workshop on Conditional Pricing Practices – Good as Far as It Goes* On June 23, 2014, the U.S. Federal Trade Commission and Department of Justice Antitrust Division held a workshop on “conditional pricing practices”—loyalty discounts, bundled discounts and similar pricing techniques. Many (...)

The Australian Competition and Consumer Authority institutes proceedings in the Federal Court of Australia against supermarket chain for exploitative conduct (Coles Supermarkets)
Australian Competition and Consumer Commission
ACCC takes action against Coles for alleged unconscionable conduct towards its suppliers* The Australian Competition and Consumer Commission (ACCC) has instituted proceedings in the Federal Court of Australia against Coles Supermarkets Australia Pty Ltd and Grocery Holdings Pty Ltd (together, (...)

The French Competition Authority fines an owner of sports newspapers for implementing eviction practices in sports press sector (Le 10Sport.com / Les Éditions Philippe Amaury)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence has fined the Groupe Amaury for having driven out of the market a new entrant in the sports press – Le 10Sport.com* The Autorité de la concurrence has fined Les Éditions Philippe (...)

The Australian Competition and Consumer Commission institutes proceedings in the Federal Court against pharmaceutical producer for alleged misuse of market power and exclusive dealing in relation to its supply of atorvastatin to pharmacies (Pfizer)
Australian Competition and Consumer Commission
ACCC takes action against Pfizer Australia for alleged anti-competitive conduct* The Australian Competition and Consumer Commission has instituted proceedings in the Federal Court of Australia against Pfizer Australia Pty Ltd (Pfizer) for alleged misuse of market power and exclusive dealing in (...)

A US District Court denies motion to dismiss in a case of anticompetitive exclusive dealing on the market for digital photo services for the tourism industry (Pro Search Plus / VFM Leonardo)
University of Michigan
Successful Mousetrap Builders Beware – Your Sales Contract Just Might Be “De Facto Exclusive Dealing”* Say you built a better mousetrap, the world beat a path to your door and now you have a high share of the mousetrap market. Let’s further assume that your customers find “the cost of switching (...)

The German Competition Authority initiates proceedings against a manufacturer of gardening tools for staggered trade discounts awarded on an allegedly discriminatory basis (Gardena)
German Competition Authority (Bonn)
Bundeskartellamt gets GARDENA to amend its dealer discount system* Bonn, 28 October 2013: The garden product manufacturer GARDENA has promised the Bundeskartellamt that in future it will apply the same discounts for its brick-and-mortar and online retailers. In awarding retailer discounts the (...)

The Czech Office for the Protection of Competition imposes fines for abuse of significant market power on the retail market for agricultural and food products (Kaufland)
BPV Braun Partners
Food Retailers in the Czech Republic, Be Aware!* The so-called Act on Significant Market Power for the Sale of Agricultural and Food Products and the Abuse thereof (No. 359/2009 Coll.) had effect from 1 February 2010. In October 2013, internal appeal procedures ended with the first significant (...)

A Dutch court issues a preliminary judgment in a dispute between a multinational food and beverage producer and a candy bars producer concerning discount practices with service stations (Mars / Nestlé)
Van Bael & Bellis (Brussels)
On 7 August 2013, a Dutch court issued a preliminary judgment in a dispute between Nestle, the multinational food and beverage producer, and Mars, the producer of candy bars. The dispute concerns the discount practices of Mars in its relationship with service stations. Under these (...)

The German Competition Authority issues a statement of objections against a dominant retailer for abusive practices against economically dependent suppliers on the market for sales of sparkling wine (EDEKA)
German Competition Authority (Bonn)
Statement of objections issued against EDEKA for use of "wedding rebates" after Plus takeover - Bundeskartellamt considers demands on suppliers as abusive* Bonn, 26 July 2013: According to the Bundeskartellamt’s preliminary assessment, EDEKA Zentrale AG & Co.KG, Hamburg, has violated the (...)

The German Competition Authority finds violation of the prohibition to grant certain benefits without any objective justification (EDEKA)
German Competition Authority (Bonn)
Statement of objections issued against EDEKA for use of "wedding rebates" after Plus takeover Bundeskartellamt considers demands on suppliers as abusive* According to the Bundeskartellamt’s preliminary assessment, EDEKA Zentrale AG & Co.KG, Hamburg, has violated the so-called "Anzapfverbot" (...)

The Italian Competition Authority fines a telecom operator for unilateral practices in wholesale broadband markets (Telecom Italia)
European Commission
Italy: The Competition Authority fines Telecom Italia for Unilateral Practices in Wholesale Broadband Markets* On 9 May 2013, following complaints lodged by two Italian telecommunications providers (OAO - other authorized operators), the Italian Competition Authority (ICA) fined Telecom (...)

The US Supreme Court declines to hear antitrust case leaving uncertainty regarding customer loyalty programs (Eaton/ZF Meritor)
Womble Carlyle Sandridge & Rice (Washington D.C.)
Supreme Court Declines to Hear Antitrust Case Leaving Uncertainty Regarding Customer Loyalty Programs* On April 29, 2013, the Supreme Court declined to review a decision that had created uncertainty as to when a manufacturer’s customer loyalty program may violate antitrust laws. Most circuits (...)

The US Supreme Court denies defendants’ petition for certiorari with respect to a decision of the Third Circuit raising significant issues as to how a court should analyze “market share discounts” by a dominant firm (ZF Meritor v. Eaton)
Cornell University
On April 29, 2013, the U.S. Supreme Court denied defendant’s petition for certiorari with respect to the Third Circuit’s 2012 decision in ZF Meritor LLC v. Eaton Corp. (696 F.3d 254). Since the case raised significant issues as to how a court should analyze “market share discounts” by a dominant (...)

The Slovenian Competition Protection Agency imposes fines on a media company for having abused of its dominance on the market for television advertising airtime (PRO PLUS)
Slovenian Competition Authority (Ljubljana)
Slovenian Competition Protection Agency fines the media company PRO PLUS* Slovenian Competition Protection Agency (CPA) has imposed a fine of nearly 5 million EUR for abuse of dominant position on company PRO PLUS, a leading broadcasting and internet media company in Slovenia. The fine is the (...)

The Slovak Supreme Court upholds the NCA decision on the abuse of dominant position by a dominant player on the petrol and diesel oil wholesale markets (Slovnaft)
White & Case (Bratislava)
On April 18, 2013, in its decision on the appeal filed by the Slovak Antimonopoly Office (the “AMO”), the Slovak Supreme Court (the “Supreme Court”) overturned the judgment of the Bratislava Regional Court (the “Regional Court”) of March 22, 2012 and upheld the AMO decision sanctioning SLOVNAFT, a.s. (...)

The Cypriot Commission for Protection of Competition imposes administrative fines for providing quantitative discounts according to the volumes of vaccines purchased by doctors and pharmacists (Wyeth Hellas & Phadisco)
Commission for the Protection of Competition of the Republic of Cyprus
The Commission for the Protection of Competition (CPC) with its decision No. 36/2013 imposed an administrative fine of €206,168 on Phadisco Ltd and an administrative fine of €8,234 to Wyeth Hellas SA (Cyprus Branch), through its successor Pfizer Hellas S.A. (Cyprus Branch), regarding the (...)

The Competition Commission of Cyprus finds that the free administration of a vaccine with every purchase of vaccines constitutes unlawful tying (Panayotou/Wyeth)
University College London
The decision of the Cypriot Competition Commission issued on 12 April 2013 concerns a complaint submitted on 07/10/2005 by Akis Panayotou and Son Ltd (from now on ‘’the complainant’’) against Wyeth Hellas SA (Cyprus Branch) which has been since succedeed by Pfizer Hellas Commercial Industrial (...)

The Danish Supreme Court reverses NCA’s decision and finds that the national postal carrier incumbent did not abuse its dominant position by applying different prices to its own customers and certain customers of a competitor (Post Danmark)
Danish Competition and Consumer Authority (Copenhagen)
On 15 February 2013, the Danish Supreme Court reversed a decision by the Danish Competition Council according to which the national postal operator, Post Danmark, had abused a dominant position on the market for unaddressed mail by charging different prices to its own customers compared to the (...)

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 Czech Office for Protection of Competition again fines telecoms operator for abuse of dominance on the market for telecom services for business customers (Telefónica Czech Republic)
Kinstellar (Prague)
Subject matter of the case: a first decision of the Office The Office for the Protection of Competition ("Office") imposed a fine of CZK 93,109,000 (approximately EUR 3,724,000 ) on Telefónica Czech Republic, a.s. ("Telefónica") for abuse of dominance on the market for public telecom services (...)

The Belgium Competition Council fines French media distribution company for having abused its dominant position through its system of rebates (Presstalis)
European Commission
Belgium: Fine imposed for Abuse of Dominant Position in Export and Distribution of French Magazines in Belgium* On 30 July 2012, the Competition Council (the Council) sanctioned the French company Presstalis (Presstalis) for having abused its dominant position between 2002 and 2004 through its (...)

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

A US District Court grants motion for summary judgment stating that the alleged exclusionary conduct constituted nonprice restraints and thus subject to rule of reason analysis (Church & Dwight / Mayer Laboratories)
Sheppard Mullin (Los Angeles)
“Planogram” and “Category Captain” Marketing Programs Held Non-Exclusionary* Rival condom manufacturer’s antitrust claims dismissed. Church & Dwight Co., Inc. v. Mayer Laboratories, Inc., United States District Court, Northern District of California, Case No. C-10-4429 EMC (April 12, 2012). (...)

The Irish Competition Authority accepts commitments from main television and radio broadcaster regarding discounts to advertisers (RTE)
Van Bael & Bellis (Brussels)
On 17 January 2012, the Competition Authority of Ireland (“ICA”) announced that it had successfully resolved an investigation against RTE, Ireland’s main television and radio broadcaster, in relation to allegedly anti- competitive discounts that were offered to advertisers. RTE has offered (...)

The Irish Competition Authority closes its investigations with binding commitments undertaken by the TV broadcasting company concerning advertising airtime deals (RTÉ)
Irish Competition Authority
Successful resolution to complaint against RTÉ* The Competition Authority has published details of the successful outcome of an investigation involving RTÉ, following a complaint made by TV3. TV3 had complained that RTÉ’s “share deal” was anti-competitive. The share deal is a scheme used by RTÉ (...)

The Danish Competition Appeals Tribunal partially annuls finding of abuse for loyalty rebates implemented by Danish postal service provider (Post Danmark)
Van Bael & Bellis (Brussels)
On 9 December 2011, the Danish Competition Appeals Tribunal (“CAT”) handed down its judgment repealing a decision of the Danish Competition Council (“CC”) of 22 December 2010, in which the CC had found that the national postal service provider Post Danmark had abused its dominant position in (...)

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

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

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

The German Competition Authority orders a producer of laboratory chemicals to cease discriminatory treatment of its customers (Merck)
Van Bael & Bellis (Brussels)
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Practising Law Institute
On 19 May 2011, the German Federal Cartel Office (“FCO”) found that Merck KGaA (“Merck”) had abused its dominant position in the markets for several laboratory chemical products by discriminating among its customers. According to the FCO, Merck provided more favourable sales conditions to its (...)

The German Competition Authority orders a producer of laboratory chemicals to cease discriminatory treatment of its customers (Merck)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
On 19 May 2011, the German Federal Cartel Office (“FCO”) found that Merck KGaA (“Merck”) had abused its dominant position in the markets for several laboratory chemical products by discriminating among its customers. According to the FCO, Merck provided more favourable sales conditions to its (...)

The German Competition Authority orders a producer of laboratory chemicals to cease discriminatory treatment of its customers (Merck)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
On 19 May 2011, the German Federal Cartel Office (“FCO”) found that Merck KGaA (“Merck”) had abused its dominant position in the markets for several laboratory chemical products by discriminating among its customers. According to the FCO, Merck provided more favourable sales conditions to its (...)

The German Competition Authority orders a producer of laboratory chemicals to cease discriminatory treatment of its customers (Merck)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
On 19 May 2011, the German Federal Cartel Office (“FCO”) found that Merck KGaA (“Merck”) had abused its dominant position in the markets for several laboratory chemical products by discriminating among its customers. According to the FCO, Merck provided more favourable sales conditions to its (...)

The Belgian Competition Authority annuls decision rejecting complaint against a Belgian brewer (Inbev)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
In a decision of 29 April 2011, the Belgian Competition Council annulled, on appeal, a decision of the College of Competition Prosecutors rejecting a complaint lodged by Freedom, an association of drinks wholesalers, against Belgian brewer Inbev. In its complaint, Freedom alleged that Inbev (...)

The Danish Supreme Court upholds judgment by the Eastern High Court finding that a broadcaster has abused its dominant position by granting rebates (TV2)
Danish Competition and Consumer Authority (Copenhagen)
On 18 March 2011, the Danish Supreme Court upheld a judgment by the Eastern High Courtfinding that the Danish broadcaster TV2 had abused its dominant position by granting loyalty enhancing rebates in connection with the sale of television advertising space, contrary to Section 11 of the Danish (...)

The Danish Supreme Court confirms that a TV broadcaster has abused its dominant position in the market for national television commercials in the form of illegal loyalty-inducing discounts (TV 2/Danmark)
Lexxion Publisher
On 18 March 2011 the Danish Supreme Court delivered a final judgment in the case concerning TV 2/Danmark’s use of loyalty-inducing discounts in the Danish market for TV advertising. The Supreme Court held in the judgment that TV 2/Danmark’s annual discounts are likely to have a material (...)

The Danish Competition Council finds that the national incumbent postal carrier has abused its dominant position through loyalty enhancing rebates (Post Danmark)
Danish Competition and Consumer Authority (Copenhagen)
On 22 December 2010, the Danish Competition Council («DCC«) adopted a decision finding that the Danish incumbent postal carrier, Post Danmark A/S («Post Danmark«) had abused its dominant position in the national market for magazine mail by (i) granting individual target rebates to four large (...)

The Danish Competition Council orders leading postal service company to stop providing individual rebates that lead to loyalty-binding as well as market foreclosure on the market for magazine mail (Post Danmark)
Kromann Reumert (Copenhagen)
The Danish Competition Council (DCC) has 22 December 2010 ordered Post Danmark to stop providing individual rebates that lead to loyalty-binding as well as market foreclosure on the market for magazine mail. This is the fourth time that Post Danmark has been under investigation by the Danish (...)

The Romanian Competition Council sanctions the postal incumbent with 26 M € fine for abuse of a dominant position (Romanian Post)
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 follows up previous commitments and decides not to take further action against French global specialist in energy management (Schneider)
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 Competition Council of the Republic of Lithuania imposes a fine on an oil refinery for abuse of dominance after conducting an additional investigation (Orlen Lietuva)
Max Planck Institute for Innovation and Competition (Munchen)
The Competition Council’s additional investigation of the actions of the oil refinery AB “Mažeikių Nafta” resulted in an infringement decision on 16 December 2010. The company was charged with the LTL 8 231 000 (approx. EUR 2 385 797) fine for an abuse of its dominant position in terms of a (...)

The Hellenic Competition Commission recalculates the fine imposed on a leading food company’s for its anti-competitive practices in the instant coffee market (Nestlé)
Ofcom
Background of the dispute In a 2009 decision, the Hellenic Competition Commission (HCC) had found that Nestle had infringed articles 101 and 102 TFEU as well as the corresponding articles of national competition law (articles 1 and 2 of Law 703/77). In particular, Nestle was found, inter alia, (...)

The Latvian Competition Council fines retail chain for imposing unfair discounts on a milk processing company (Supernetto)
Competition Council of Latvia
The Competition Council Fines Retail Chain for Imposition of Unfair Discounts on Milk Processing Company* On 30 November 2010 the Competition Council (CC) adopted a decision to fine one of the largest retail chains in Latvia RIMI Latvia Ltd. for abuse of dominant position in retail trade. It (...)

The Dutch Trade and Industry Appeals Tribunal annuls decision of Competition Authority on abuse of dominance regarding rebates (CRV Holding)
De Nederlandsche Bank (DNB)
,
Smeets Van Empel advocaten (Amsterdam)
I. Facts and procedure Reversing the judgment of the District Court Rotterdam (“District Court”), the Dutch Trade and Industry Appeals Tribunal (“Tribunal”) has annulled the fine imposed by the Dutch Competition Authority (“NMa”) on CRV Holding B.V. (“CRV”) for abuse of a dominant position. By (...)

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

The EU General Court confirms fine imposed by the European Commission for abuse of dominant position in the market for reverse-vending machines (RVM) used to collect used beverage containers focusing on exclusive agreements and loyalty-based rebates (Tomra)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
,
Skadden, Arps, Slate, Meagher & Flom (Brussels)
,
Skadden, Arps, Slate, Meagher & Flom (Brussels)
On September 9, 2010, the General Court of the EU (the Court) issued its judgment in Tomra vs. Commission (Case T-155/06), dismissing an appeal brought by Tomra against a European Commission decision imposing a €24 million fine for abuse of its dominant position in Germany, Austria, Sweden, the (...)

The EU General Court upholds a Commission’s decision concerning an abuse of dominance in the market for machines for the collection of used beverage containers addressing the issues of loyalty rebates and exclusivity agreements (Tomra)
University of South Australia
Hungry for More?* Apologies for the long post, but I have several remarks to add to my former post under Tomra v. Commission: •Priority-setting – As most of you know, this judgment confirmed a Commission Decision of 2006, in which Tomra, a producer of reverse vending machines used for (...)

A US Court of Appeals follows a judicial trend applying the "attribution" test under s. 2 of the Sherman Act concerning bundled discounts in the healthcare sector (Southeast Missouri Hospital)
University of Pennsylvania (Philadelphia)
Are the Courts Moving Toward a Consensus on Bundled Discounts and §2 of the Sherman Act?* The Eighth Circuit’s recent decision in Southeast Missouri Hospital v. C.R. Bard, Inc., ___ F.3d ___, 2010 WL 3220600 (8th Cir. Aug. 17, 2010), aligns this Circuit with the Ninth Circuit’s decision in (...)

The US FTC settles charges of anticompetitive conduct against manufacturer of computer chips (Intel)
Stanford University - Stanford Law School
FTC settles complaint against Intel* On 4 August 2010 the U.S. Federal Trade Commission (“FTC”) approved a settlement with Intel Corp. on charges that the company violated Section 5 of the FTC Act by engaging in unfair methods of competition and deceptive acts and practices in commerce, (...)

The Italian Competition Authority closes investigating into alleged abuses of dominant position of a ferry operator by imposing a set of behavioural commitments (T-Link/Grandi Navi Veloci)
Desogus Law Office (Cagliari)
Introduction By a commitment decision the Italian Competition Authority (ICA) has closed investigation into foreclosing conducts carried out by a major Italian ferry operator, Grandi Navi Veloci (GNV) in the market for maritime links between Northern Italy and Western Sicily. The most (...)

The Danish Competition Appeals Tribunal upholds the Danish Competition Council’s decision finding the historical postal operator abused its dominant position by applying loyalty rebate schemes (Post Danmark)
European Commission
Denmark: The Competition Appeals Tribunal upholds the Danish Competition Council’s Decision finding that Post Danmark A/S abused its Dominant Position by applying Loyalty Rebate Schemes On 10 May 2010, the Danish Competition Appeals Tribunal (CAT) issued a ruling upholding the Danish (...)

The Croatian Administrative Court upholds the decision of the NCA finding an abuse of dominance on the market for distribution of cigarettes (Adris grupa, Ronhill)
University of Technology (Tallinn)
On 24 March 2010 the Croatian Administrative Court upheld the decision of the Croatian Competition Authority (AZTN) finding an abuse of dominant position on the market for distribution of cigarettes. The applicants in this case, Adris grupa d.d. (former tobacco factory in Rovinj - Tvornica (...)

The US FTC files complaint concerning harm of competition on the relevant central processing unit and graphics processing unit markets (Intel Corp.)
Stanford University - Stanford Law School
FTC files complaint against Intel Corp.* On 16 December 2009 the FTC issued an administrative complaint against Intel Corp. (“Intel”) claiming that Intel has violated Section 5 of the FTC Act through practices that harm competition in the relevant central processing unit (“CPU”) and graphics (...)

The New York Attorney General files a complaint alleging that the leading microprocessors manufacturer violated Section 2 of the Sherman Act by engaging in a pattern of illegal conduct intended to maintain its monopoly power and profits in the market for x86 microprocessors (Intel)
University College London
On November 4, 2009, Andrew Cuomo, the Attorney General of New York (AG), filed a complaint in Delaware District Court alleging that Intel Corporation (Intel) violated Section 2 of the Sherman Act and corresponding state antitrust statutes by engaging in a pattern of illegal conduct intended to (...)

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

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

The Italian Competition Authority starts investigating into alleged abuses of dominant position of a ferry operator (T-Link/Grandi Navi Veloci)
Desogus Law Office (Cagliari)
The Italian Competition Authority or ICA opened an Article 82 proceedings against a major Italian ferry operator, Grandi Navi Veloci (GNV)[alian Competition Authority (Autorità Garante della Concorrenza e del Mercato - AGCM), 6 August 2009, Case n° A417, Decision n° 20179, T-Link/Grandi Navi (...)

The Danish Competition Council fines the incumbent postal operator for abusive rebates in the market for direct mailing (Post Danmark)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
In a decision adopted on 24 June 2009, the Danish Competition Council (DCC) found that the Danish post operator Post Danmark had abused its dominant position on the market for direct mailing (“direct mailing” refers to the sending by the same party of a large batch of letters to a group of (...)

The Danish Eastern High Court overturns decision by the Competition Appeal Tribunal and finds that a broadcaster has abused its dominant position by granting rebates (TV2)
Danish Competition and Consumer Authority (Copenhagen)
On 22 June 2009, the Danish Eastern High Court overturned a decision by the Competition Appeal Tribunal - thereby confirming the earlier decision by the Danish Competition Authority - and found that the Danish broadcaster TV2 has abused its dominant position by granting loyalty enhancing (...)

The Latvian Parliament amends the Competition Act changing the merger notification procedure and redefining the concept of dominant position in the retail sector
Competition Council of Latvia
Amendments to the Competition Law* On 1 September 2009 entered into force Amendments to the Competition Law of the Republic of Latvia. Most substantial issue of the Amendments refer to the merger control. As from September 1 merger notifications have to be submitted not only by those market (...)

The Spanish Competition Authority fines a telecommunication operator for concluding contracts of excessive duration and offering abusive bundled rebates (Abertis)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
On 19 May 2009, the Spanish Competition Authority adopted a decision against Abertis for concluding contracts of excessive duration and offering bundled rebates contrary to Article 82 EC and the Spanish equivalent provision. Abertis is a group of undertakings active in the management of various (...)

The EU Commission publishes a non-confidential version of its decision on abuse of dominance in the x86 CPU market (Intel)
Ashurst (Milan)
Commission publishes non-confidential version of its decision on Intel’s abuse of dominance in the x86 CPU market* On 21 September 2009, the Commission published a non-confidential version of its Intel decision, adopted on 13 May 2009, together with a summary of the key elements of the (...)

The European Commission fines a leading computer manufacturer for abuse of its dominant position (Intel)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
On 21 September 2009, the Commission published the non-confidential version of the Intel decision of 13 May 2009, and a summary of the decision was also published in the Official Journal of 22 September 2009. The materials confirm that the Commission has challenged two specific practices: (i) (...)

The European Commission fines a US semiconductor chip manufacturer for abuse of a dominant position (Intel)
European Commission - DG COMP
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European Commission - DG COMP
,
European Commission - DG COMP
"Commission finds abuse of dominance in the Intel case"* I. Introduction On 13 May 2009, the European Commission concluded its Intel investigation by way of a formal Decision. The Commission found that Intel had abused its dominant position in x86 Central Processing Units (CPUs) by engaging (...)

The European Commission publishes its guidance paper on exclusionary abuses under Article 82 EC
White & Case (Brussels)
,
White & Case (Brussels)
,
White & Case (London)
I. BACKGROUND The European Commission published the 24th February 2009 a Communication containing its long-awaited Guidance Paper on exclusionary abuses under Article 82 C(Commission Communication – Guidance on the Commission’s Enforcement Priorities in Applying Article 82 EC Treaty to Abusive (...)

The Latvian Competition Council approves the settlement on payment terms and non-discriminatory rebates towards retailers proposed by a national press distributor (Preses Serviss)
Competition Council of Latvia
The Competition Council Comes to Agreement with SIA „Preses Serviss"* On 4 February 2009, after receiving of written pledge from the company SIA „Preses Serviss" ("Press Service" - PS) to fulfil its legal obligations preventing from negative impact on competition, caused by its illegal (...)

The French Competition Council inflicts fines for abuse of dominant position for offering loyalty rebates in the press distribution sector (NMPP)
Herbert Smith Freehills (Paris)
,
White & Case (Paris)
On 27 January 2009 , the French Competition Council (the "Council") fined Nouvelles Messageries de la Presse Parisienne ("NMPP") and its subsidiary, Société Auxiliaire pour l’Exploitation des Messageries Transports Presse ("TP"), for abusing their dominant position on the French press distribution (...)

The European Commission issues guidance on its enforcement priorities in applying EU rules on abuse of a dominant position to abusive exclusionary conduct by dominant undertakings
European Commission - DG COMP
,
European Commission - DG JUST
"Implementing an effects-based approach to Article 82"* I. Introduction On 3 December 2008, the Commission issued Guidance on its enforcement priorities in applying Article 82 to abusive exclusionary conduct by dominant undertakings. In so doing, the Commission formally endorsed an (...)

The European Commission sents a supplementary statement of objections to a leading computer manufacturer (Intel)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
On 17 July 2008, the Commission confirmed that it sent a supplementary Statement of Objections to Intel. This supplementary SO is said to reinforce the initial SO and also identify the Commission’s preliminary conclusion that Intel has engaged in three additional elements of abusive conduct. (...)

The Czech NCA clears a 25 % price increase by the dominant fuel card issuer based on a new quantitative rebate system (CCS)
Government of the Czech Republic
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European Court of Justice (Luxembourg)
On 18 February 2008, the Czech Office for the Protection of Competition announced via a press release that it terminated its investigation of the increase of fees collected by CCS, the principal issuer of fuel cards in the Czech Republic, from the merchants which operate its point-of-sale (...)

A US Court of Appeals applies a cost-based test to attempted monopolization claim premised on multiproduct discounting (Cascade Health Solutions / PeaceHealth)
Skadden, Arps, Slate, Meagher & Flom (Washington)
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Skadden, Arps, Slate, Meagher & Flom (New York)
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Skadden, Arps, Slate, Meagher & Flom (New York)
The Ninth Circuit evaluated the antitrust implications of multiproduct or “bundled” discounts in Cascade Health Solutions v. PeaceHealth, CV-02-06032 (Sept. 4, 2007). In doing so, the Ninth Circuit rejected the controversial Third Circuit rule of LePage’s Inc. v. 3M, 324 F.3d 141 (3d Cir. 2003), (...)

A Dutch Court annuls a decision of the NCA on alleged abusive rebates scheme for insufficient analysis of the effects of the practice (CRV Holding)
Government of Albania
The appellant, CRV Holding B.V. (hereafter CRV) appealed to the District Court of Rotterdam against Decision n° 3353 taken by the Dutch Competition Authority (hereafter DCA) on 31 December 2003. The decision was taken under Section 24 paragraph 1 of the Dutch Competition Act 1998 which (...)

The European Commission closes investigation against Danish windows manufacturer addressing the issue of rebates (Velux)
European Commission - DG COMP
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Copenhagen Economics (Brussels)
"The Velux case – an in-depth look at rebates and more"* I. Introduction “The Polish window manufacturer, Fakro, which claims to be the world’s second largest producer of roof windows, alleges it has been squeezed out of certain European markets by Danish rival Velux. The Polish group claims its (...)

The EU Court of Justice upholds the fine imposed on an airline for abuse of market dominance (British Airways)
Freshfields Bruckhaus Deringer (Brussels)
In 1999 the Commission fined British Airways (BA) €6,800,000 for abuse of its dominant position on the market for air travel agency services, contrary to article 82 of the EC Treaty. The abuse consisted of a system of rebates granted to travel agents that was held to be both loyalty inducing and (...)

The US Court of Appeals for the Sixth Circuit holds that a seller’s discount program that is available to competing purchasers does not violate the Robinson-Patman Act (Smith Wholesale, R.J.R Tobacco)
Jones Day (Cleveland)
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Jones Day (Cleveland)
The Robinson-Patman Act has given rise to some truly awful court decisions that have created a seller-buyer environment of sometimes unforgiving price rigidity, as well as complex and difficult-to-comply-with principles about when and to whom sellers must offer price discounts and nonprice (...)

The Latvian Competition Council declares State owned airport fees discounts to be contrary to Art. 82 EC (Riga Airport)
Mittal Investments UK Ltd
Summary On 22 November 2006, the Latvian Competition Council declared the system of discounts applied by the “State Joint Stock Company International Airport Riga” (“Airport Riga”) to be contrary to Article 82 (c) of the EC Treaty prohibiting the abuse of a dominant position. The facts In July (...)

The Hungarian Competition Office dismisses the proceedings on abuse of dominant position against the postal sector incumbent but phrases various recommendations on discounts (Hungarian Post)
Oppenheim
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Oppenheim - Budapest
Proceedings, applicable law An abuse of dominant position is prohibited by both Article 82 of the EC Treaty as well as Article 21 of the Hungarian Competition Act (the latter provision contains materially identical rules to its EC counterpart). The HCO stated that in the present case both the (...)

A US District Court dismisses antitrust claims arising from an allegation of foreign related conduct that affected the plaintiff’s foreign sales (AMD / Intel)
Sheppard Mullin (San Francisco)
Court dismisses AMD’s “foreign commerce claims” against Intel for lack of subject matter jurisdiction and standing* In a recent opinion, the District Court for the District of Delaware dismissed AMD’s antitrust claims against Intel that arose out of Intel’s alleged foreign-related conduct that (...)

The US Court of Appeals for the Seventh Circuit validates cigarettes manufacturer’s discount program and holds that it does not constitute a violation of the Robinson-Patman Act (R.J.R. Tobacco, Cigarettes Cheaper)
Jones Day (Cleveland)
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Jones Day (Cleveland)
The Robinson-Patman Act has given rise to some truly awful court decisions that have created a seller-buyer environment of sometimes unforgiving price rigidity, as well as complex and difficult-to-comply-with principles about when and to whom sellers must offer price discounts and nonprice (...)

The Canadian Federal Court of Appeal ruled that the Competition Tribunal had made an error in law in applying paragraphs 79(1)(b) and 79(1)(c) of the Competition Act and defined, for the first time, the meaning and framework of abuse of dominance provisions (Canada Pipe)
Université de Laval
Facts Canada Pipe Company Co., acting through its division Bibby Ste-Croix, offered distributors a loyalty rebate program so called the “stocking distributor program” (SDP) under which Canada Pipe gave significant rebates and discounts to distributors that purchase all of their requirements for (...)

The Latvian Competition Council fines a press operator for abuse of dominant position in the press subscription and delivery markets (Latvijas Pasts)
Best Lawyers
Competition Council of the Republic of Latvia (Latvijas Republikas Konkurences Padome), 2 May 2006, On establishment of abuse and imposing of the legal duty and penalty, Competition Council of the Republic of Latvia v. State Joint Stock Company Latvijas Pasts, Case n° 1071/05/05/1 “On application (...)

The Paris Court of appeal upholds a decision of the NCA fining a manufacturer for exclusive distribution agreements and RPM but annuls the part of the decision regarding rebates (Royal Canin)
MAPP (Paris)
Background In a decision dated June 22, 2005, the French Competition Authority (“FCA”) imposed a fine of € 2,500,000 on Royal Canin, a manufacturer of pet food, and fines ranging from € 1,000 to € 1,500,000 on several of its wholesalers and retailers. The FCA held that (i) Royal Canin and its (...)

The European Commission imposes a fine of € 24 million on a Norwegian supplier of reverse-vending machines for abuse of dominance (Prokent/Tomra)
NERA (Berlin)
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"Prokent/Tomra, a textbook case? Abuse of dominance under perfect information"* Introduction On 29 March 2006 the Commission adopted the Prokent/Tomra decision imposing a fine of € 24 million on the Norwegian group Tomra, a supplier of so-called reverse-vending machines that are used by retail (...)

A Danish Court imposed a fine on a dairy company for abusing its dominant position via a marketing contribution (Arla Foods)
Danish Competition and Consumer Authority (Copenhagen)
Background Arla Foods Amba (“Arla”) is Denmark’s largest diary company with an annual turnover in 2003-2004 of DKK 47,608 million (EUR 6,390 million). Hirtshals Andelsmejeri (“Hirtshals”) is a smaller diary company in competition with Arla. In October 2003 Hirtshals contacted the Danish (...)

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

The Brussels Court of Appeals rules that the major Belgian collecting society has abused its dominant position under Art. 82 EU after having received an opinion from the EC Commission (SABAM / Productions & Marketing)
Smartflats
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Liège University - IEJE
The Parties The case opposed the Belgian Society of Authors, Composers and Publishers (SABAM) and Productions & Marketing (P&M), a company whose business activities consist of the organization of concerts and musical events. Background In 2000 and 2001, P&M organized Charles (...)

The Administrative Regional Court of the Republic of Latvia confirms the Competition Authority’s decision having found the telecommunications market leader guity of abusive tying practices (Lattelekom)
Best Lawyers
Experience of Latvia in tie-in cases Abuse of dominant position is not often established in the competition law practice in Latvia. The Competition Council of Latvia (the Council) arrives at such conclusion only a couple of times a year. Only some of the decisions of the Council are challenged (...)

The European Commission adopts a commitment decision preventing a leading soft drinks manufacturer from entering into exclusive supply arrangements and from practicing growth and target rebates or from leveraging market power between various product categories (Coca Cola)
European Commission - DG COMP
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European Commission - DG COMP
"Coca-Cola: Europe-wide remedies in fizzy drinks"* 1. Introduction On 22 June 2005 the Commission adopted a commitment decision based on Article 9 of Regulation 1/2003 addressed to The Coca-Cola Company (’TCCC’) and three of its major bottlers (all together: ’Coca-Cola’), making the commitments (...)

The Danish Competition Authority finds a company guilty of an abuse of dominance regarding its rebates practices on the basis of Art. 82 EC (DBC Medier)
Smartflats
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Liège University - IEJE
Danish Competition Council, DBC Medier Decision, 22 June 2005 On 22 June 2005, the Danish Competition Council found DBC Medier, a company selling books, music, films and computer programmes, guilty of an abuse of dominance contrary to Article 82 EC. With exclusive rights on a large number of (...)

A US District Court holds that a drug manufacturer rebates to pharmacy benefits managers (PBM) for exclusive formulary listing do not violate the Sherman Act (Wyeth, J.B.D.L)
Jones Day (Washington)
A U.S. District Court in Ohio granted summary judgment for defendants in a class action suit alleging that a drug manufacturer’s rebates to pharmacy benefit managers in order to obtain an exclusive listing in the PBMs’ drug formulary violated Section 1 of the Sherman Act. The plaintiffs, (...)

The Danish Competition Council approves a new prices scheme for postal services after having decided that the postal incumbent had abused its dominant position through offering discriminatory prices and implementing an illegitimate fidelity rebate scheme (Post Danmark)
Université Catholique de Louvain
On 23 February 2005, the Danish Competition Council approved the newly instituted pricing scheme of Post Danmark in relation to the future prices for distribution of un-addressed items. This new and revised pricing scheme follows a decision of 29 September 2004 by the Danish Competition (...)

The Japan Fair Trade Commission issues its recommendations against a processor manufacturer for having implemented potentially anticompetitive conditional rebates (Intel)
Japan Fair Trade Commission (Tokyo)
The JFTC rendered a recommendation to Intel K.K.* The Japan Fair Trade Commission (JFTC), March 8, 2005, rendered a recommendation to a Japan-based company, Intel Kabushiki Kaisha (IJKK), a whollyowned subsidiary of Intel International (a wholly-owned subsidiary of Intel Corporation, Santa (...)

A German Court confirms a decision of the Bundeskartellamt and adds an additional milestone in the EC recent decisions concerning consolidators in the postal sector (Deutsche Post)
Background Deutsche Post AG (DPAG) offers rebates on the postage for individual customers sending large bulks of mail. Concerning letters weighing less than 100 grams - for which DPAG still holds a legal monopoly - DPAG refused to grant the same rebates to consolidators. Consolidators collect (...)

The French Competition Authority rejects a request for interim measures regarding practices in the sector for advertising displays on the rail network and in the sector for passengers transport between Paris and London (Eurostar, SNCF & France Rail Publicité)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Complaint by British Airways against Eurostar, the SNCF and France Rail Publicité. The Conseil de la concurrence rejects the request for interim measures filed by British Airways.* On 18th November 2004, the (...)

The Japan Fair Trade Commission recommends a processor manufacturer to eliminate exclusivity conditions imposed on five Japanese PC manufacturers for receiving price rebates and advertising subsidies (Intel)
Morrison & Foerster (Tokyo)
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Tokyo University of Science
On March 8, 2005, the Fair Trade Commission of Japan ("JFTC") challenged certain rebate and marketing programs of Intel Corp.’s Japanese subsidiary, Intel K.K., and recommended in a proposed order that Intel eliminate certain exclusivity conditions imposed on five Japanese PC manufacturers (...)

The German Federal Cartel Office imposes further liberalisation of the postal market by prohibiting the incumbent to grant rebates for mail preparation services (Deutsche Post)
Freshfields Bruckhaus Deringer (Berlin)
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Freshfields Bruckhaus Deringer (Berlin)
On 11 February 2005, the German Federal Cartel Office (“FCO”) prohibited Deutsche Post AG’s (“DPAG”) practice of granting rebates for mail preparation services for letters below 100gr exclusively to its large direct customers. Mail preparation includes the collection of letters, sorting them by (...)

L’autorité polonaise de concurrence sanctionne les pratiques tarifaires discriminatoires de l’opérateur national de transport ferroviaire par une amende de EUR 5 M (PKP Cargo)
Sulima Grabowska Sierzputowska
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Solter Capital Fizan
Office de Protection de la Concurrence et des Consommateurs (Urzad Ochrony Konkurencji i KonsumentówUOKiK), 5 janvier 2005, PKP Cargo S.A. Communiqué de presse Selon l’article 8 de la loi polonaise du 15 décembre 2000 portant protection de la concurrence et des consommateurs (l’équivalent (...)

The French Competition Authority orders interim measures regarding alleged abuses of dominant position in the mobile or fixed telephony sector and anticompetitive practices in the French overseas départements (Orange Caraïbe)
French Competition Authority (Paris)
Mobile telephony in Martinique, Guadeloupe and Guyana - The Conseil de la concurrence hands down interim measures against Orange Caraïbe.* On 9th July 2004, the Conseil de la concurrence received a complaint from the mobile telephony operator Bouygues Télécom Caraïbe. The complainant claimed that (...)

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

The European Commission adopts a decision based on Article 86 regarding certain provisions of Germany’s postal regulatory framework which bar commercial mail preparation firms from earning discounts for handing over presorted letter at incumbent’s sorting centers (Deutche Post. BdKEP)
European Commission - DG COMP
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European Commission - DG COMP
"The BdKEP decision: the application of competition law to the partially liberalised postal sector"* 1. Introduction On 20 October 2004, the Commission adopted a decision based on Article 86 regarding certain provisions of Germany’s postal regulatory framework which bar commercial mail (...)

The Danish national postal operator finds guilty of abuse of dominant position on the market for the distribution of non-addressed items and local weekly papers (Post Danmark/Forbruger-Kontakt)
McDermott Will & Emery (Brussels)
,
Université Catholique de Louvain
On 29 September 2004, the Danish Competition Council adopted a decision whereby Post Danmark A/S, the Danish national postal operator, was found to have abused its dominant position on the market for the distribution of non-addressed items and local weekly papers. The decision stemmed from a (...)

L’autorité espagnole de concurrence condamne l’ancien monopole postal, pour abus de position dominante sur le double fondement des dispositions internes et communautaires de concurrence (ASSEMPRE/Correos)
Sheppard Mullin (Brussels)
Dans le contexte des modifications du cadre législatif espagnol du droit de la concurrence, rendues nécessaires par l’adoption du Règlement (CE) n° 1/2003, du Conseil, du 16 décembre 2002, relatif à la mise en oeuvre des règles de concurrence prévues aux articles 81 et 82 du traité (JOCE L 1, du 4 (...)

The French Competition Authority fines the dominant operator on the market for supplying street furniture to local and regional administrations for having abused of its position (Decaux group)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Conseil de la concurrence fines the Decaux group for abuse of a dominant position.* Following a referral by the company More group France, the Conseil de la concurrence has found the Decaux group guilty (...)

The French Competition Authority sanctions a leading producer for having abused of its dominant position in the blue-veined cheese sector (SOCIETE Group)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Conseil de la concurrence penalises the Société des Caves et des Producteurs Réunis de Roquefort (SOCIETE Group) for abuse of a dominant position and hands down a fine of 5 million euros.* Following a (...)

The French Competition Authority sanctions a laboratory for having abused of its dominant position in the market for certain medicinal products intended for hospitals (Sandoz laboratories)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Laboratoires SANDOZ sanctioned for abusing their monopoly in the cyclosporin market.* In a decision dated 24th July, 2003, the Conseil de la concurrence imposed sanctions on laboratoires SANDOZ (which has now (...)

The Queen’s Bench Division of the High Court of England & Wales gives important guidelines as to the standard of proof for claiming damages in competition cases (Arkin)
Reed Smith (London)
Arkin v. Borchard Lines Ltd., [2003] All E.R. (D) 173, [2003] EWHC 687 (Comm) (10 April 2003), is important as one of the first damages claims brought in a United Kingdom court for breach of Articles 81 and 82 of the Rome Treaty involving private enforcement of competition law. It was decided (...)

A US Court of Appeals finds that dominant company has violated section 2 of the Sherman Act by using its bundled rebate program and certain exclusive dealing arrangements to maintain its monopoly in the transparent tape (LePage’s v 3M)
Morrison & Foerster (Washington)
LePage’s, Cascade Health Solutions, and a Bundle of Confusion* Discounts on bundled products are commonplace. Consumers value and often expect discounts when purchasing a bundle of products. Sellers use bundled product discounts to compete effectively and maximize sales. As one court has (...)

The Netherlands Competition Authority finds no evidence that the television producer had infringed the competition law (Endemol)
Netherlands Authority for Consumers & Markets (The Hague)
NMa Closes Investigation into Endemol* During its preliminary investigation into the position and practices of Endemol, NMa found no evidence from which it appeared that the television producer had infringed the Competition Act. NMa has therefore closed this investigation. The reason for the (...)

The Netherlands Competition Authority establishes the illegal character of the resale prohibition imposed by pharmaceutical company on hospitals (AstraZeneca)
Netherlands Authority for Consumers & Markets (The Hague)
NMa: Prohibition by AstraZeneca on Sales to Third Parties Contravenes Competition Act* The prohibition against supplying parties outside the premises of hospitals, imposed on hospitals and pharmacies by AstraZeneca, contravenes the Competition Act. NMa made this ruling in a decision relating (...)

The European Commission closes probe into major EU airlines’ incentive schemes for travel agents (Virgin, BA, KLM)
European Commission - DG COMP
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European Commission - DG COMP
"Commission closes probe into major EU airlines’ incentive schemes for travel agents"* The Commission has recently closed its investigations into the incentive schemes for travel agents operated by several EU airlines. It had to ascertain that these incentive schemes were not used by dominant (...)

The EU Commission agrees on a series of conditions for the introduction of new business customer tariffs by German incumbent telecom operator (Deutsche Telekom)
Hong Kong’s Competition Commission
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European Commission - DG COMP
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European Commission - DG COMP
"Deutsche Telekom"* On the 25th of June, Commissioner Karel Van Miert sent a letter to the German Minister of Post and Telecommunications, Mr Wolfgang Bötsch marking his agreement on a series of conditions for the introduction of new business customer tariffs by Deutsche Telekom. Deutsche (...)

Mergers

The Italian Competition Authority blocks a merger in electricity market of Italy’s smallest region and suggests the region to remove existing regulatory barriers to reconsider its assessment (Compagna Valdostana delle Acque / Deval / Vallenergie)
Ferrovie dello Stato (Rome)
Introduction On the 4th of August 2011 the Italian Competition Authority (hereinafter «ICA«) brought a phase II merger to an unusual conclusion. The proceeding was opened in order to assess competition issues arising from a proposed merger involving electricity operators active in the markets (...)

The European Commission approves, subject to remedies, a merger in the medical devices market giving a practical example of the use of quantitative analyses in merger control (GE/Instrumentarium)
RBB Economics (Brussels)
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European Commission - DG COMP
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Capgemini (Washington)
"GE/Instrumentarium: a practical example of the use of quantitative analyses in merger control"* On 2 September 2003, the European Commission approved, subject to conditions, the acquisition by General Electric Medical Systems (‘GE’) of the Finnish firm Instrumentarium. The Commission was (...)

The French Minister of Economics clears a merger in the sector of facial tissues with remedies including restriction of advertising investments, withdrawing of the use of a trademark and prohibition of reference rebates (Fort James/Demak’up)
French Competition Authority (Paris)
The operation Fort James acquired the Demak’Up and Happy Bébé brands from the Procter & Gamble Company. The markets The sector involved is the manufacturing and marketing of cotton products. Remedy 1: Withdrawing the use of a trademark Post-merger, Fort James will have a market share of (...)

The European Commission clears, subject to remedies, a merger between Swedish and Finnish companies creating the largest integrated paper and board group in the world (Enso / Stora)
"Mergers : Recent Developments and Important Decisions"* In Enso/Stora, the Commission’s initial analysis suggested that oligopoly issues were likely to arise. The merging parties – Enso of Finland and Stora of Sweden, would together make the largest integrated paper and board group in the (...)

Procedures

Advocate General Nils Wahl recommends the avoidance of "fishing expeditions" during dawn-raid (Deutsche Bahn)
Hogan Lovells (Brussels)
European Commission dawn raids – Advocate General recommends the avoidance of “fishing expeditions”* Earlier this month, Advocate General Wahl delivered his opinion in the Deutsche Bahn1 case. This case concerns important practical principles which govern the conduct of European Commission dawn (...)

The French Competition Authority renders public its initial assessment of the medicinal distribution sector
European Commission
France: The Autorité de la Concurrence submits its Initial Assessment of the Medicinal Distribution Sector to Public Consultation* On 10 July 2013, the Autorité de la concurrence (the Autorité) made public its initial assessment of the competitive factors at play throughout the distribution (...)

The Danish Competition Authority publishes a report on the culture of discounts and advertising campaigns in the grocery market
European Commission
Denmark: Discount Culture in Danish Grocery Market* On 31 May 2012, the Danish Competition and Consumer Authority (DCCA) published a report on the culture of discounts and advertising campaigns in the Danish grocery market. The report investigates the effect of unaddressed advertising material (...)

The Lisbon Commercial Court quashes the PCA’s abuse of dominant position infringement decision in the telecommunication circuit leasing case (PT Comunicações / PCA)
Portuguese Competition Authority (Lisbon)
1. The case, the PCA’s decision and the judgement of the court On 28 August 2008, the Portuguese Competition Authority (the “PCA”) found that PT Comunicações, S.A. (“PTC”), a subsidiary of the national telecommunications incumbent Portugal Telecom Group, had abused its dominant position, by means of (...)

The U.S. Court of Appeals for the District of Columbia Circuit upholds FTC subpoena in investigation into bundling and exclusionary practices (Church & Dwight Co.)
Jones Day (Washington)
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Jones Day (Houston)
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Jones Day (Washington)
A unanimous panel of the U.S. Court of Appeals for the District of Columbia Circuit upheld a district court decision enforcing the Federal Trade Commission’s administrative subpoena and civil investigative demand in an ongoing FTC investigation. The December 13, 2011, opinion is noteworthy (...)

The European Ombudsman criticises an investigation of the Commission (Intel)
Van Bael & Bellis (Brussels)
In a decision dated 18 November 2009, the European Ombudsman found that the Commission had committed an act of maladministration in its investigation of Intel’s alleged breach of Article 82 EC. In May 2009, the Commission imposed a fine of € 1.06 billion on Intel for abusing its dominant (...)

Regulations

A Dutch District Court upholds ACM’s decision concerning imposition of fines on the national telecom company for failing to inform its competitors about a discount scheme (KPN)
Netherlands Authority for Consumers & Markets (The Hague)
ACM fines KPN for putting competitors at a disadvantage in government tender* The Netherlands Authority for Consumers and Markets (ACM) imposed a fine of almost EUR 30 million on Dutch telecom company KPN. KPN committed a violation in the government tender for fixed telephony services for (...)

The French Competition Authority issues an opinion pointing out some competition concerns in the newly opened online gambling markets (Opinion on online gambling)
French Competition Authority (Paris)
In an opinion issued seven months after the law entered into force, the French Competition Authority pointed out that some practices could give rise to anticompetitive issues: the betting right agreements signed between operators and sport event organizers should be regulated to ensure a fair (...)

The French Competition Authority recommends the government to further lift restrictions on laboratory services
European Commission
France: The Autorité de la concurrence recommends the Government to further lift Restrictions on Laboratory Services On 5 January 2010, the Autorité gave its opinion on a draft Government act (ordinance) on laboratory medicine services, which the French government was allowed by Parliament to (...)

The Estonian Supreme Court upholds the judgment of county court terminating the proceedings against State postal monopoly on misdemeanour charges on the grounds of an abuse of dominant position (Eesti Post)
Arnold & Porter Kaye Scholer (Brussels)
The Estonian Competition Authority fined AS Eesti Postin expedite proceedings for an abuse of dominant position (unequal treatment, fidelity rebates). Eesti Post appealed the decision. On October 3, 2007, the Supreme Court decided to partially satisfy the cassation and declared the decision of (...)

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