Remedies for unilateral conducts

Anticompetitive practices

Remedies for unilateral conducts: An overview of recent national case law
Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
1. Introduction Regulation 1/2003 obliges member states to apply Articles 101 and 102 to commercial practices which have an effect on interstate trade in order to foster convergence between national and EU competition law. With regard to Article 101(1) of the Treaty, the Regulation also (...)

The US FTC finds violation of law with respect to the adoption of an exclusive dealing policy to maintain a monopoly position on the domestic fittings market (McWane)
University of Michigan
Why the FTC’s McWane Opinions Raise More Questions Than They Answer* The Federal Trade Commission is meant to be, and is, an expert body on antitrust laws. So, when a case like McWane—that raises both collusion and exclusion issues—is in front of the FTC, it seems reasonable to expect to receive (...)

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 French Competition Authority accepts some commitments to address competition concerns on the sector of distribution of medicines (GlaxoSmithKline and Pfizer)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Distribution of medicines: GlaxoSmithKline and Pfizer commit themselves in front of the Conseil on the operating of their medicine quota system for wholesale distributors.* History of the case Following (...)

The French Competition Authority makes compulsory commitements made to address competition concerns in the sector of car repair (Citroën)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Conseil de la concurrence strengthens competition in the sector of car repair: Independent repairers will now have access to all Citroën’s tools necessary for repairing electronic breakdowns on the brand’s (...)

The French Competition Authority accepts the commitments made to address competition concerns regarding the access of local radios to national advertisement (GIE Les Indépendants)
French Competition Authority (Paris)
Access of local radios to national advertisement: The Conseil de la concurrence accepts the commitments of GIE Les Indépendants.* In its decision dated October 6th 2006, the Conseil de la concurrence has accepted the commitments proposed by the GIE (economic interest group) Les indépendants, (...)

Dominance

The French Competition Authority acceptes remedies proposed by a sugar producer suspected to have abused of its dominant position (Tereos)
French Competition Authority (Paris)
Sugar production / Picardie* Tereos takes commitments under the French competition authority that it will open up its procurement contracts. Sugar beet growers will benefit from greater freedom to choose the sugar groups that they want to supply. The complaint by Saint-Louis Sucre France’s (...)

The Spanish Competition Authority closes abuse of dominance proceedings by means of a commitments decision against a pharmaceutical company (IMS Health)
Callol, Coca & Asociados (Madrid)
On 13 July 2017, the NMCC closed the Article 102 TFEU and Article 2 of the Spanish Competition Act (Competition Act) proceedings related to the supply of pharmaceutical marketing data to IMS Health (IMS) by means of a commitments decision. The NMCC initiated the investigation, as a result of (...)

The Spanish Competition Authority closes proceedings by means of a commitments against a tonic water company in a case related to restrictions of parallel trade (Schweppes)
Callol, Coca & Asociados (Madrid)
The NMCC has closed with commitments an investigation against Schweppes, S.A. related to restrictions of parallel trade. The Coca-Cola group and Orangina Schweppes Holding B.V. (OSHBV) share the ownership of the Schweppes trademark in the EU. Coca-Cola owns the Schweppes trademark in the UK (...)

The EU Commission accepts remedies proposed by an electronic commerce company in the e-books case (Amazon)
European Commission - DG COMP (Brussels)
Antitrust: Commission accepts commitments from Amazon on e-books* The European Commission has adopted a decision that renders legally binding the commitments offered by Amazon. The commitments address the Commission’s preliminary competition concerns relating to a number of clauses in Amazon’s (...)

The Italian Competition Authority accepts commitments from Italian collecting society in abuse of dominance investigation (Nuovoimaie)
Van Bael & Bellis (Brussels)
On 22 March 2017, the Italian Competition Authority (“ICA”) accepted commitments from the copyright-collecting society NUOVOIMAIE (“NI”) aimed at addressing ICA’s concerns that NI had abused its dominant position on the Italian market for management and intermediation services in the audio-visual (...)

The German Competition Authority closes its proceedings on abusive pricing against district heating suppliers and obtains antitrust remedies (Innogy)
German Competition Authority (Bonn)
Proceedings against district heating suppliers concluded* The Bundeskartellamt has concluded its proceedings on abusive pricing against district heating suppliers. In a number of supply areas the suppliers have offered commitments in response to the authority’s concerns about abusively (...)

The French Competition Authority conducts an initial intermediary assessment of the commitments made by an online accommodation booking company (Booking.com)
French Competition Authority (Paris)
The Autorité de la concurrence conducts an initial intermediary assessment of the commitments made by Booking.com.* The Autorité has not ruled out the possibility of issuing an opinion at its own initiative if the change in competition so requires, and is actively contributing to all of the (...)

The Commission seeks feedback on commitments proposed by an electronic commerce company in e-book investigation (Amazon)
European Commission - DG COMP (Brussels)
Antitrust: Commission seeks feedback on commitments offered by Amazon in e-book investigation* The European Commission is inviting comments on commitments offered by Amazon to address competition concerns relating to parity clauses in contracts with publishers. The clauses may breach EU (...)

The Czech Competition Authority accepts commitments in a case on alleged abuse of dominance by an energy company applying a pricing formula included in a long-term supply agreement (ČEZ)
Diwok Hermann Petsche (Baker McKenzie Vienna)
The Czech Competition Authority ("CCA") accepted in a decision of 20 December 2016 commitments offered by ČEZ, a partly state-owned Czech energy company, due to an alleged abuse of dominant position on the market for purchasing of brown coal. While the CCA refrained from final findings regarding (...)

The Belgian Competition Authority closes its investigation regarding a real estate website due to remedies offered by the undertaking (Immoweb)
Belgian Competition Authority (Brussels)
The Investigation and Prosecution Service of the Belgian Competition Authority has closed its investigation against Immoweb due to commitments offered by Immoweb* On January 30 2015, the Investigation and Prosecution Service opened an ex officio investigation against Immoweb, the company (...)

The EU Commission fines a company specialized in the waste management for abuse of dominance (ARA)
European Commission - DG COMP (Brussels)
Antitrust: Commission fines ARA €6 million for hindering competition on Austrian waste management market* The Commission has fined Altstoff Recycling Austria (ARA) €6 million for blocking competitors from entering the Austrian market for management of household packaging waste from 2008 to 2012, (...)

The EU Commission fines undertakings for abuse of dominance on the Austrian waste management market (Altstoff Recycling Austria)
Van Bael & Bellis (Brussels)
On 20 September 2016, the European Commission announced that it had imposed a € 6 million fine on Altstoff Recycling Austria (“ARA”) for abusing its dominant position on the Austrian waste management market by blocking competitors from entering the Austrian market between 2008 and 2012. Austrian (...)

The EU General Court upholds the Commission’s decision making legally binding commitments remedying a finding of an abuse of dominance in the market for consolidated real-time data feeds (Morningstar / Thomson Reuters)
Van Bael & Bellis (Brussels)
On 15 September 2016, the General Court upheld the Commission’s decision accepting commitments proposed by Thomson Reuters with a view to remedying a finding of an abuse of a dominant position in the market for consolidated real-time data feeds, in breach of Article 102 TFEU. The Commission had (...)

The Croatian Competition Authority accepts remedies proposed by a company suspected of abuse of dominance on the funeral services market (Flora)
Croatian Competition Agency
CCA accepts commitments by Flora VTC* The Croatian Competition Agency (CCA) accepted the commitments offered by Flora VTC in the course of the ex-officio proceeding that it opened against this undertaking in April 2016. The CCA established within the proceeding that on the basis of the Prices (...)

The Italian Competition Authority, in partnership with the EU Commission and nine other NCAs, monitors the impact of the measures undertaken in online hotel booking sector
Italian Competition Authority (Roma)
Monitoring launched in online hotel booking sector* Monitoring the impact of the new parity clauses in the contracts with online travel agencies by the Italian Competition Authority in partnership with 9 other National Competition Authorities The Italian Competition Authority (AGCM), in (...)

The EU Commission accepts remedies to alleviate concerns in film licensing contracts in cross-border pay-TV services (Paramount/Sky UK)
European Commission - DG COMP (Brussels)
Antitrust: Commission accepts commitments by Paramount on cross-border pay-TV services* The European Commission has made commitments offered by Paramount legally binding under EU antitrust rules. These address the Commission’s concerns regarding certain clauses in film licensing contracts for (...)

The EU Commission accepts remedies proposed by companies active on the credit default swaps market (ISDA / Markit)
European Commission - DG COMP (Brussels)
Antitrust: Commission accepts commitments by ISDA and Markit on credit default swaps* The European Commission has adopted a decision that renders legally binding commitments to licence inputs for credit default swaps, offered separately by the International Swaps and Derivatives Association (...)

The French Competition starts, in collaboration with 9 National Competition Authorities and the EU Commission, a survey among hoteliers to assess the remedies implemented in the hotel booking sector (Booking.com)
French Competition Authority (Paris)
Hotel booking platforms* The Autorité de la concurrence launches, in collaboration with 9 national competition authorities and the European Commission, a survey among hoteliers in order to assess the effects of the remedies implemented in Europe in the hotel booking platforms sector. (...)

The Portuguese Competition Authority renders legally binding the commitments offered by a food retailer (Dia)
Portuguese Competition Authority (Lisbon)
The PCA adopts a decision which renders legally binding the commitments offered by Dia Portugal related to Minipreço franchise* The Portuguese Competition Authority (PCA) adopted a decision which renders legally binding the commitments offered by Dia Portugal Supermercados, Sociedade (...)

The German Federal Cartel Office terminates proceedings regarding possible abuse of dominance in the market for the distribution of passenger train tickets and accepts several commitments by the incumbent train company (Deutsche Bahn)
Van Bael & Bellis (Brussels)
By a decision of 24 May 2016, the German Federal Cartel Office (“FCO”) announced that it had terminated proceedings against Deutsche Bahn AG after having accepted several commitments. In 2014, the FCO initiated an investigation against Deutsche Bahn AG and reached the preliminary conclusion that (...)

The German Competition Authority informs that, following its investigations, a railway company has decided to make far-reaching changes to the sale of passenger tickets (Deutsche Bahn)
German Competition Authority (Bonn)
Deutsche Bahn AG to make changes to ticket sales* Following investigations by the Bundeskartellamt, Deutsche Bahn AG has undertaken to make far-reaching changes to the sale of passenger tickets. The measures will improve the ticket sales possibilities of its competitors. In early 2014 the (...)

The EU Commission invites interested third parties to comment the commitments proposed in the credit default swaps case (ISDA / Markit)
European Commission - DG COMP (Brussels)
Antitrust: Commission seeks feedback on commitments by ISDA and Markit on credit default swaps* The European Commission is inviting comments from interested parties on commitments offered separately by ISDA and by Markit to address competition concerns relating to the licensing of data and (...)

The German Competition Authority approves marketing model for award of football championship rights from 2017/18 season onwards (DFL)
German Competition Authority (Bonn)
Bundeskartellamt approves marketing model for award of Bundesliga rights from 2017/18 football season onwards – DFL undertakes for first time to observe ’no single buyer’ rule* The German League Association and the German Football League (DFL) have submitted a commitment to the Bundeskartellamt (...)

The EU Commission allows early termination of commitments made by a railway power supplier (DB Energie)
European Commission - DG COMP (Brussels)
Antitrust: successful market opening allows early termination of commitments in Deutsche Bahn case* The European Commission has relieved Deutsche Bahn ahead of schedule from commitments made binding in December 2013, as several competitors have now entered the German railway traction current (...)

The EU Commission relieves an undertaking of its obligation to meet commitments decision following market developments (Deutsche Bahn)
Van Bael & Bellis (Brussels)
On 8 April 2016, the Commission announced that it had adopted a decision to relieve Deutsche Bahn of its obligation to comply with a commitments decision made binding on the company in December 2013. According to the Commission, the commitments decision had achieved its “main purpose”, which it (...)

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 UK Competition Authority issues provisional decision on remedies to increase competition in the private healthcare market (HCA)
UK Competition and Markets Authority (CMA) (London)
CMA’s private healthcare provisional decision on remedies* The CMA has provisionally found that likely changes in London’s private healthcare market mean that extra remedies would not be proportionate. In April 2012, the Competition Commission, a predecessor body of the Competition and Markets (...)

The Portuguese Competition Authority renders binding commitments proposed by car manufacturer regarding motor vehicle warranties (Fiat)
Portuguese Competition Authority (Lisbon)
The PCA adopts a decision which renders legally binding the commitments offered by Fiat regarding motor vehicle warranties* The Portuguese Competition Authority (PCA) adopted a decision which renders legally binding the commitments offered by FCA Portugal, S.A., in relation to Fiat brands (...)

The Portuguese Competition Authority closes its infringement procedure in the case of motor vehicles warranties (SEAT Portugal)
Portuguese Competition Authority (Lisbon)
Intervention of the Portuguese Competition Authority led to positive changes in the motor vehicles warranties* The Portuguese Competition Authority (PCA) decided to close the infringement procedure against SEAT Portugal, Unipessoal, Lda. (SEAT Portugal) because the company, diligently, (...)

The Hellenic Competition Authority accepts remedies proposed by an electricity producer ending competition concerns (PPC)
Hellenic Competition Authority (Athens)
HCC has accepted commitments proposed by the PPC S.A. to address competition concerns with regard to the supply of electricity to Aluminium of Greece S.A.* By a unanimous decision, the Hellenic Competition Commission (HCC) accepted commitments proposed by the Public Power Corporation S.A. (PPC (...)

The Portuguese Competition Authority receives remedies from an automobile constructor regarding motor vehicles warranties (Fiat)
Portuguese Competition Authority (Lisbon)
Fiat offers commitments regarding motor vehicles warranties* The Portuguese Competition Authority (PCA) opened proceedings against Fiat Group Automobiles Portugal, S.A., now FCA Portugal, S.A. (Fiat), in relation to the Fiat brand, for alleged infringements of competition rules. The (...)

The Estonian Competition Authority accepts commitment proposed by a vertically integrated electricity network operator to offer to all electricity suppliers the option of issuing joint invoices (Elektrilevi)
Sorainen (Tallinn)
With its 29 December 2015 decision, the Estonian Competition Authority (“ECA”) closed proceedings concerning an alleged abuse of dominance by the leading vertically integrated electricity network operator in Estonia, Elektrilevi OÜ. The proceedings were closed without a decision on whether a (...)

The EU Commission accepts commitments proposed by an electricity provider in order to open up the Bulgarian wholesale electricity market (Bulgarian Energy Holding)
European Commission - DG COMP (Brussels)
Antitrust: Commission accepts commitments by Bulgarian Energy Holding to open up Bulgarian wholesale electricity market* The European Commission has adopted a decision that renders legally binding the commitments offered by Bulgarian Energy Holding (BEH) to end competition restrictions on (...)

The European Commission accepts the commitments proposed to end the competition restrictions on Bulgaria’s wholesale electricity market (Bulgarian Energy Holding)
Johnson & Johnson (Sofia)
On December 10, 2015 the European Commission accepted the commitments proposed by Bulgarian Energy Holding to open up the Bulgarian wholesale electricity market. The decision should lead to greater liberalization and transparency on the wholesale electricity market in Bulgaria, thus enhancing (...)

The Portuguese Competition Authority receives commitments from a car manufacturer ending competition concerns regarding motor vehicles warranties (SIVA)
Portuguese Competition Authority (Lisbon)
SIVA offers commitments to the Portuguese Competition Authority regarding motor vehicles warranties* The Portuguese Competition Authority has opened proceedings against SIVA – Sociedade de Importação de Veículos Automóveis, S.A., the Portuguese importer of Audi, Volkswagen and Skoda brands, for (...)

The Hungarian Competition Authority accepts commitments proposed by a softwares company suspected of abuse of dominance (Nielsen)
Hungarian Competition Authority (Budapest)
The GVH accepted the commitments offered by Nielsen* The Hungarian Competition Authority (Gazdasági Versenyhivatal, GVH) accepted the commitments offered by Nielsen Közönségmérés Kft. (Nielsen), pursuant to which in the future it will set the prices of its databases and of the related discounts (...)

The Belgian Competition Authority imposes provisional measures in a case involving TV rights for a series of cyclocross competitions (Telenet)
Van Bael & Bellis (Brussels)
On 5 November 2015, the Competition College of the Belgian Competition Authority (“BCA”) imposed provisional measures with regard to TV rights for the Superprestige Cyclocross Competition to address a possible infringement of Article IV.1 and/or IV.2 of the Code of Economic Law (the Belgian (...)

The Croatian Competition Authority accepts the remedies proposed by a dominant undertaking on the market of pyrotechnic products (Mirnovec pirotehnika)
Croatian Competition Agency
CCA orders Mirnovec pirotehnika to change lease and business cooperation agreements* Similar as in the recent proceeding that it carried out against the undertaking Orion in the same relevant market the Croatian Competition Agency (CCA) opened the ex officio proceeding following the initiative (...)

The Polish Competition Authority accepts commitments proposed by insurers in the life insurance market (Allianz)
Polish Competition Authority (Warsaw)
UOKiK issues commitment decisions in unit-linked life insurance cases as part of wide investigation of consumer abuses in the sector* Three insurance companies – Polish units of Aviva, Allianz and Nationale Nederlanden – have committed to significantly reduce cancellation fees in existing (...)

The Polish Competition Authority fines a gas supplier for failing to fully comply with a commitment decision (PGNiG)
Polish Competition Authority (Warsaw)
PGNiG, Poland’s leading gas supplier, fined for failing to fully comply with a commitment decision* UOKiK has fined Polskie Górnictwo Naftowe i Gazownictwo (PGNiG), a leading Polish oil and gas company, EUR 2.45 mln for failing to comply with a part of the commitment decision it had accepted in (...)

The Portuguese Competition Authority accepts commitments proposed by a car manufacturer related to vehicle warranties’ restrictions (Ford)
Portuguese Competition Authority (Lisbon)
The PCA converts into mandatory conditions the commitments presented by Ford Lusitana regarding motor vehicle warranties* The Portuguese Competition Authority (PCA) converts into mandatory conditions all the commitments presented by Ford Lusitana, S.A. (Ford), in order to address the (...)

The Romanian Competition Authority launches a market test concerning a possible abuse of dominance in the pharmaceutical sector (GlaxoSmithKline)
Romanian Competition Council (Bucharest)
The Competition Council launches for public debates the commitments formulated by S.C. GLAXOSMITHKLINE S.R.L.* The Competition Council launches for public debates the commitments formulated by S.C. GlaxoSmithKline (GSK) S.R.L. within the investigation on possible abuse of dominant position of (...)

The Administrative Regional Court of Latvia upholds the decision of the Competition Authority that fined and imposed remedies on the national gas supplier in a case of abuse of dominance (Latvijas Gāze)
Competition Council of Latvia
Court agrees with the Competition Authority to fine the National Gas Supplier* On 2 September, the Administrative Regional Court confirmed the Competition Council’s (CC) decision to impose the only natural gas supplier in Latvia – AS „Latvijas Gāze” – remedies to change the practice of debt (...)

The Portuguese Competition Authority receives commitments proposed by a car manufacturer to end the competition concerns regarding motor vehicles warranties (Ford)
Portuguese Competition Authority (Lisbon)
Ford offers commitments to the Portuguese Competition Authority regarding motor vehicles warranties* The Portuguese Competition Authority has opened proceedings against Ford Lusitana, S.A. (Ford) for alleged infringements of the competition rules, on January 2015. The Portuguese Competition (...)

The Cyprus Commission for the Protection of Competition imposes a fine of 750,000 Euro and behavioural remedies on an airport company (Hermes Airports)
White & Case (Brussels)
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Chrysses Demetriades & Co. LLC (Limassol)
1. Background In its decision dated 23/6/2015 the Cypriot Commission for the Protection of Competition (the “CPC”) held that the operator of the Larnaca and Paphos international Airports in Cyprus, Hermes Airports Ltd, (hereafter referred as “Hermes”) violated Section 6(1)(a) of the Cyprus Law on (...)

The European Commission launches a market test concerning the commitments proposed by an electricity provider operating on the Bulgarian wholesale electricity market (Bulgarian Energy Holding)
European Commission - DG COMP (Brussels)
Commission market tests commitments by Bulgarian Energy Holding (BEH) concerning Bulgarian wholesale electricity market* The European Commission is inviting comments from interested parties on commitments offered by the State-owned Bulgarian Energy Holding EAD (BEH) to address competition (...)

The Croatian Competition Authority accepts commitments proposed by a company operating in the provision of specialised IT support to leasing companies (Gemicro)
Croatian Competition Agency
Gemicro committments accepted* In the proceeding against the undertaking Gemicro the Croatian Competition Agency (CCA) accepted the committments made by Gemicro for the removal of anticompetitive effects and restoration of competition in the provision of specialised IT support to leasing (...)

The Russian Competition Authority welcomes the decision of the gravel manufacturer aiming to end a practice constituting an abuse of dominance (Sharkhinsky Quarry)
Russian Federal Antimonopoly Service
A gravel producer in Crimea voluntarily eliminated violations of the antimonopoly law* The Federal Antimonopoly Service (FAS Russia) terminated the case against “Sharkhinsky Quarry” Shareholding Company in the part of abusing dominance (Clause 6 Part 1 Article 10 of the Federal Law “On (...)

The French Competition Authority obtains commitments from an owner of mobile operators pylons limiting the duration of new hosting contracts to 10 years (TDF)
French Competition Authority (Paris)
The Autorité de la concurrence obtains from TDF an improvement of the hosting contracts binding it to the mobile operators that use its pylons* In the scope of proceedings initiated before the Autorité de la concurrence by FPS Towers (hereinafter FPS), TDF commits to limiting the duration of new (...)

The French Competition Authority obtains extensive commitments from an online hotel booking company (Booking.com)
French Competition Authority (Paris)
Online hotel booking sector* The Autorité de la concurrence, in coordination with the European Commission and the Italian and Swedish authorities, has obtained particularly extensive commitments from Booking.com aiming to boost competition between online booking platforms and give hotels more (...)

The Italian Competition Authority renders legally binding the commitments proposed by an online hotel booking company (Booking.com)
Italian Competition Authority (Roma)
Commitments offered by booking.com: closed the investigation in Italy, France AND Sweden* On 21 April 2015, the Italian Competition Authority has rendered legally binding the commitments offered by Priceline Group’s companies Booking.com BV and Booking.com (Italy) and closed, with respect to (...)

The FTC seeks to secure first disgorgement in nearly a decade (Cardinal Health)
Womble Carlyle Sandridge & Rice (Charlotte)
FTC Seeks to Secure First Disgorgement in Nearly a Decade* The FTC announced yesterday that Cardinal Health, Inc. (“Cardinal”) has agreed to pay $26.8 million to resolve its investigation into the company’s alleged anticompetitive behavior. If approved by a federal court, the settlement would (...)

The Swedish Competition Authority approves voluntary commitments of an online hotel booking companysubject to penalty of a fine (Booking.com)
Vinge (Stockholm)
The Swedish Competition Authority decided, on 15 April 2015, to approve the voluntary commitments presented by Bookingdotcom Sverige AB and Booking.com BV (below, jointly referred to as “Booking.com”). The commitments are associated with a fine of SEK 5 million (approx. EUR 550 000) for (...)

The Canadian Competition Tribunal holds that the exit of a dominant firm from the relevant market does not end an abuse of dominance claim (Direct Energy)
Affleck Greene McMurtry
Not out of hot water: Direct Energy’s exit does not end abuse case* Direct Energy’s exit from the hot water heater rental market did not turn down the heat from the Commissioner The exit of a respondent in an abuse of dominance case does not mean the case cannot continue, the Competition (...)

The Mexican Competition Commission accepts the remedies proposed by a dominant association in the market of the production of avocados (APEAM)
Mexican Competition Authority (Mexico city)
COFECE Resolution Will Allow Haas Avocado Exportation to the U.S.A. for all Packers in Mexico* • The APEAM agreed to eliminate anticompetitive practices that imposed barriers on Hass avocado exports to the U.S.A. • COFECE will survey the APEAM’s strict compliance with proposed remedies. Mexico (...)

The Portuguese Competition Authority converts into mandatory conditions the commitments proposed by a car manufacturer in the market of motor vehicle warranties (Peugeot)
Portuguese Competition Authority (Lisbon)
The PCA converts into mandatory conditions the commitments presented by Peugeot Portugal regarding motor vehicle warranties* The Portuguese Competition Authority (PCA) converts into mandatory conditions all the commitments presented by Peugeot Portugal Automóveis, S.A. (Peugeot), in order to (...)

The China’s NDRC imposes changes in licensing practices (Qualcomm)
Cleary Gottlieb Steen & Hamilton (Washington)
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Cleary Gottlieb Steen & Hamilton (London)
,
Cleary Gottlieb Steen & Hamilton (Brussels)
On March 2, 2015, China’s National Development and Reform Commission (“NDRC”), the agency responsible for investigating price-related violations of China’s Anti-Monopoly Law (the “AML”), published a decision (the “NDRC Decision”) regarding its investigation into alleged anticompetitive conduct by (...)

The Chinese NDRC applies rigorously the Anti-monopoly Law and fines a compagny for abuse of dominant position (Qualcomm)
Dacheng - Dentons (Shanghai)
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Dacheng - Dentons (Beijing)
On February 10, 2015, as one of the global antitrust enforcement powerhouses by now, the National Development and Reform Commission of PRC (“NDRC”) issued its sanction decision against the US semiconductor giant Qualcomm Incorporated (“Qualcomm), imposing a fine of RMB 6.088 billion (equivalent to (...)

The French Competition Authority launches a market inquiry relating to remedies proposed by the owner of pylons in the mobile market (TDF)
French Competition Authority (Paris)
TDF proposes to reduce the length of contracts and ease the conditions for early termination in the contracts of mobile operators using its pylons for the installation of their antennas.The Autorité de la concurrence launches a market test on these proposals.* Within the scope of litigation (...)

The federal state of Baden-Württemberg withdraws its remedies proposed to the German Competition Authority aiming at bringing the state’s timber marketing practices in line with competition law (Federal state of Baden-Württemberg)
German Competition Authority (Bonn)
Baden-Württemberg withdraws its commitments in round timber proceedings* Today the federal state of Baden-Württemberg withdrew the commitments it offered in the Bundeskartellamt proceedings initiated against it for its joint marketing of round timber. The commitments were aimed at bringing the (...)

The French Competition Authority receives commitments from an online hotel booking company aiming at ending practices likely to constitute an abuse of dominance (Booking.com)
French Competition Authority (Paris)
Online hotel booking sector* Booking.com has proposed to the Autorité de la concurrence to remove the so-called “pricing parity clause” obliging hotels to grant it pricing conditions that are at least as favorable as those granted to the other online platforms Hotels can now place booking.com in (...)

The French Competition Authority receives commitments from a railway company aiming at increased autonomy of its subsidiary in the market of advice and technical assistance to urban transporters (SNCF, Keolis and Transdev)
French Competition Authority (Paris)
The SNCF takes steps towards the increased autonomy of its subsidiary Keolis in the market of advice and technical assistance to urban transporters. The Autorité de la concurrence consults the market on the proposed commitments* Within the scope of a procedure initiated before the Autorité de (...)

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

The Russian Competition Authority open proceedings against railways company for failure to execute the warning (Russian Railways)
Russian Federal Antimonopoly Service
“Russian Railways” does not give commuter trains* “Russian Railways” OJSC avoided concluding a rolling stock lease contract with “Interregional Passenger Company” Ltd. (“MRPK” Ltd. is not included in the Group of persons of “Russian Railways” OJSC) for commuter transportation of passengers in the (...)

The French Competition Authority accepts commitments from a railway company in the distribution of train tickets market (SNCF and voyages-sncf.com)
French Competition Authority (Paris)
The Autorité de la concurrence obtains commitments from SNCF allowing travel agencies to compete on an equal footing with voyages-sncf.com. Following these changes, travellers should enjoy an enhanced offer of services.* Summary Following a complaint submitted to the Autorité de la concurrence (...)

The Netherlands Authority for Consumers & Markets imposes fines on a telecom company for having abused of its dominance, inter alia, by refusing to inform in advance competitors that use its network about what services it will offer to its own business customers (KPN)
Netherlands Authority for Consumers & Markets (The Hague)
KPN fined for putting competitors at a disadvantage with regard to its business call-forwarding service* Dutch telecom company KPN is required to inform in advance competitors that use its network about what services KPN will offer to its own business customers. In addition, KPN must in a (...)

The Italian Administrative Supreme Court reinstates a decision issued by the Competition Authority accepting commitments by the dominant satellite TV company regarding the discriminatory conditions of access to its broadcasting platform (Sky Italia)
Legance - Studio Legale Associato
By judgement no. 4773 of 22 September 2014, the Italian Supreme Administrative Court (“Consiglio di Stato”) upheld an appeal brought by Sky Italia s.r.l. (“Sky”) and the Italian Competition Authority (Autorità Garante della Concorrenza e del Mercato, “AGCM”) and reinstated the AGCM decision no. 21316 (...)

The Hellenic Competition Commission examines whether the commitments proposed by fuel wholesale trading companies resolve the competition concerns it has identified in the petrol stations market (Hellenic Fuels)
Hellenic Competition Authority (Athens)
Review of commitments proposed by fuel trading companies with regard to long-term exclusive cooperation agreements concluded between petrol-station operators and such companies.* The competent Chamber of the Hellenic Competition Commission (HCC) will convene on 13 November to examine whether (...)

The UK Competition and Markets Authority accepts commitments relating to platform services for automotive sector (Epyx)
European Commission (Brussels)
United Kingdom: The Competition and Markets Authority accepts Commitments relating to Platform Services for Automotive Sector* On 9 September 2014, the Competition and Markets Authority (CMA) accepted final commitments offered by Epyx Limited (Epyx) relating to service, maintenance and repair (...)

The French Competition Authority makes legally binding improved commitments by a dominant firm to open up the relevant market (Nespresso)
Ashurst (Milan)
Nespresso offers improved commitments to open up the market for coffee capsules* Last 4 September the French Competition Authority (“AdlC”) made legally binding the improved commitments Nespresso offered to open up the market for coffee capsules to competitors in France and beyond. As it (...)

The French Competition Authority accepts commitments on the market for coffee capsules (Nespresso)
French Competition Authority (Paris)
Press release published on the official website of the French Competition Authority. The Autorité de la concurrence has obtained a commitment from Nespresso to lift barriers to entry for other coffee capsule makers – compatible with Nespresso coffee machines – as well as barriers to their growth* (...)

The Hellenic Competition Commission accepts a proposal to revise partly commitments adopted in a previous decision concerning the supply of natural gas through electronic auctions (DEPA)
Hellenic Competition Authority (Athens)
Amendment of commitments adopted with decision 551/VII/2012 of the HCC concerning the supply of natural gas through electronic auctions (optimization of gas release programmes)* Following consultation with DEPA customers and in collaboration with the Regulatory Authority for Energy (RAE), the (...)

The European Commission publishes a decision finding that request and enforcement of an injunction before a German court regarding a smartphone standard essential patent constituted an abuse of dominant position (Motorola Mobility)
DLA Piper Weiss-Tessbach (Vienna)
Motorola Mobility won’t appeal the European Commission’s decision on patent licensing* Motorola Mobility (Motorola) has decided not to appeal the European Commission’s decision holding that it was abusing the way it licensed standard essential patents for mobile-phone standards. The Commission (...)

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 Finnish Market Court rejects the appeal and imposes the fines proposed by the FCCA for abuse of dominant position in the production and wholesale market of fresh milk (Valio)
Finnish Competition and Consumer Authority (FCCA)
FCCA satisfied with Market Court ruling on Valio By a decision issued on 26 June, the Market Court rejected Valio’s appeal and imposed on the company a €70m fine proposed by the Finnish Competition and Consumer Authority (FCCA) for abuse of dominant position in the production and wholesale (...)

The Competition Council of the Republic of Lithuania terminates an investigation on compliance of actions with Article 7 of the Law on Competition and Article 102 TFEU (Viasat)
Max Planck Institute for Innovation and Competition (Munchen)
On 19 June 2014 the Competition Council terminated the investigation on an alleged abuse of a dominant position (Article 7 of the Law on Competition, Article 102 TFEU) by the actions of the TV channels distributors Viasat World Limited and Viasat AS . Originally, the investigation was started (...)

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 Hungarian Competition Authority accepts commitments concerning changes made to the gas oil wholesale listed prices in relation to an allegation of abuse of dominance (MOL)
Hungarian Competition Authority (Budapest)
GVH has accepted commitments offered by the MOL* The Gazdasági Versenyhivatal (GVH, the Hungarian Competition Authority) has accepted commitments offered by MOL Magyar Olaj-és Gázipari Nyrt (MOL – the Hungarian Oil Company). According to the commitments, in the next 5 years the changes made to the (...)

The Australian Competition and Consumer Commission reauthorises arrangements for the acquisition and licensing of performing rights in music, subject to certain conditions (APRA)
Australian Competition and Consumer Commission
ACCC requires improved dispute resolution in performing rights arrangements* The Australian Competition and Consumer Commission has reauthorised the Australasian Performing Right Association’s (APRA) arrangements for the acquisition and licensing of performing rights in music, subject to (...)

The South African Competition Tribunal imposes fines for domestic excessive pricing of purified propylene and polypropylene (Sasol)
Nortons Incorporated
Costly COMESA Courthouse, za investigates visa provider & holds ground on Sasol fine LOTS AAT news this Monday, from Sudan/COMESA to South Africa. Visa facilitator backed by one branch of government & investigated by another In substantive antitrust news, the South African Competition (...)

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

The 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 EU Commission approves commitments concerning certain standard essential patents relating to the European Telecommunications Standardisation Institute’s 3G UMTS standard (Samsung Electronics)
Ashurst (Milan)
European Commission makes commitments offered by Samsung Electronics legally binding* On 29 April 2014, the European Commission European issued a decision (see also the related press release) which made legally binding the commitments offered by Samsung Electronics (“Samsung”) in relation to (...)

A US District Court dismisses the claims on exclusive dealing and attempted monopolization on the market for SD cards (PNY Technologies / SanDisk)
Orrick, Herrington & Sutcliffe (San Francisco)
Northern District of California Raises the Bar on Exclusive Dealing Claims* In PNY Technologies, Inc. v. SanDisk Corp., Case No. C-11-04689 (N.D. Cal. Apr. 25, 2014) (Orrick, J.), the court dismissed PNY’s exclusive dealing and attempted monopolization claims. I previously covered the case (...)

The Lithuanian Competition Council concludes an important investigation into the suspected abuse of dominance in the sector for road transportation (LINAVA)
Lithuanian Competition Authority (Vilnius)
Competition Council’s investigation encourages the Association LINAVA* The Competition Council (the KT) terminated the investigation into the actions by the Lithuanian National Road Carriers Association LINAVA (the Association). Allegedly, the Associations had breached Article 7 of the Law on (...)

The French Competition Authority receives commitments concerning certain exclusionary practices consisting in particular of tying the purchase of brand coffee capsules to that of coffee machines (Nespresso)
Ashurst (Milan)
Nespresso offers commitments to lift barriers to entry for other coffee capsule makers in France* On 17 April 2014 the French Competition Authority (“AdlC”) published a press release and a market test notice illustrating the measures that Nespresso proposed to lift barriers to entry for other (...)

The Netherlands Authority for Consumers and Markets receives commitment following an investigation into possible abuse of dominance in the music copyright sector (Buma / Stemra)
Netherlands Authority for Consumers & Markets (The Hague)
Buma/Stemra promises ACM to offer more options in music copyright management* Dutch copyright collecting society Buma/Stemra will offer composers and songwriters more options in the management of their music copyrights. This has been laid down in a commitment Buma/Stemra made to the (...)

The Russian Competition Authority issues a warning against airline companies that have a dominant position on some markets (Aeroflot – Russian Airlines)
Russian Federal Antimonopoly Service
FAS warned airlines to improve the systems of air tickets sales* The Federal Antimonopoly Service (FAS Russia) issued a warning to the airlines that have the dominant position on some markets. Elements of violating the antimonopoly law included imposing tariffs upon consumers without taking (...)

The Swedish Court of Stockholm City upholds the decision of the Competition Authority in a verdict which rules that a municipality is not permitted to compete on the private market (Services Office Borås)
Swedish Competition Authority (Stockholm)
Municipality at fault for competing with private companies* The Services Office of the Municipality of Borås is prohibited from selling services to other parties than the Municipality. Stockholm City Court fully supports the Swedish Competition Authority in a verdict which rules that the (...)

The Moscow Arbitration Court upholds the warning delivered by the Russian Competition Authority against a pharmaceutical company aiming to eliminate disadvantageous contract conditions (Novo Nordisk)
Russian Federal Antimonopoly Service
Moscow Arbitration Court confirmed legitimacy of a FAS warning issued to “NovoNordisk”* On 14th March 2014, Moscow Arbitration Court confirmed legitimacy of a warning issued by the Federal Antimonopoly Service (FAS Russia) to “Novo Nordisk” Ltd. due to elements of violating Clauses 3 and 5 Part 1 (...)

The Competition Appeal Tribunal of UK publishes a notice of appeal against a decision to sell off one cement plant (Lafarge Tarmac)
DLA Piper
The UK cement market has been under much scrutiny recently. In January 2014, the old UK competition regulator, the Competition Commission (now replaced by the Competition and Markets Authority or CMA) published its final report following its market investigation into the aggregates, cement and (...)

The Kenyan Competition Authority receives a complaint pushing for a full hearing in a case of abuse of dominance where the market rival of the applicant tried to negotiate a settlement (Safaricom)
Primerio
Airtel Kenya requests probe of Safaricom for abuse of dominance in mobile money transfer market* Mobile payment wars heating up in Kenya Airtel Networks Kenya Limited (“Airtel”) has joined forces with Kenya-based Equity Bank to launch a similar mobile banking product, M-KESHO in July 2014 to (...)

The French Competition Authority makes legally binding the commitment of the holder of a legal monopoly over horserace bets placed in physical outlets, to separate its online horserace betting activity from its point of sale network (Pari Mutuel Urbain)
Ashurst (Milan)
French Competition Authority orders PMU to separate its online horserace betting activity from its physical point of sale network* On 25 February 2014, the French Competition Authority (“AdlC”) issued a decision (available only in French) making legally binding the commitment of Pari Mutuel (...)

The Russian Competition Authority welcomes the intention of a railway company to implement the warning aiming to ending the abuse of dominance (Russian Railways)
Russian Federal Antimonopoly Service
“Russian Railways” OJSC executed a FAS determination* The Federal Antimonopoly Service (FAS Russia) found that actions of “Russian Railways” OJSC had signs of violating the antimonopoly law (Clause 5 Part 1 Article 10 of the Federal Law “On Protection of Competition”). The company refused to send (...)

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

The Russian Competition Authority sends a warning against a rail company having abused of its dominance (Russian Railways)
Russian Federal Antimonopoly Service
“Russian Railways” OJSC executed a FAS determination* The Federal Antimonopoly Service (FAS Russia) found that actions of “Russian Railways” OJSC had signs of violating the antimonopoly law (Clause 5 Part 1 Article 10 of the Federal Law “On Protection of Competition”). The company refused to send (...)

The Italian Council of State reinstates penalties against pharmaceutical company for filing application for a divisional patent and its related SPC concerning a class of molecules already covered by the main patent (Pfizer)
Ashurst (Milan)
Italy’s Council of State reinstates the fine imposed on Pfizer for delaying a generic’s market entry* On 12 February 2014, Italy’s Council of State (the “CdS”) dismissed the ruling of the lower administrative court (the “TAR Lazio”) which quashed the decision of Italian Competition Authority (the (...)

The Latvian Competition Council fines sole supplier of natural gas for refusal to conclude new contracts (Latvijas Gāze)
Competition Council of Latvia
The Competition Council sets to change the practice of debt collection of AS „Latvijas Gāze”* AS „Latvijas Gāze” as the only natural gas supplier in Latvia has abused its dominant position in the market by refusing to conclude natural gas vendor contracts with new clients before debts accumulated by (...)

The US DoJ issues statement as regards the closing of an investigation into the use of a portfolio of standards-essential patents on the pursuit of obtaining exclusion orders from the US ITC relating to certain iPhone and iPad models (Samsung)
DLA Piper Weiss-Tessbach (Vienna)
U.S. DOJ closes its investigation of Samsung’s use of its SEPs* On February 7, 2014 the Department of Justice (“DOJ”) issued a statement declaring that it closed its investigation into Samsung Electronics Co. Ltd.’s (“Samsung”) use of its Standards-Essential Patent (“SEP”) portfolio to license (...)

The EU Commission obtains new proposal on commitments in the context of an ongoing antitrust investigation as regards online search and search advertising (Google)
Ashurst (Milan)
Improved Google commitments (closer to) getting the thumbs up from the European Commission* On 5 February 2014, the European Commission issued a press release and a memo concerning the improved commitments proposed by Google (the commitments were made public by Google itself). At a press (...)

The Canadian Federal Court of Appeal rules that abuse of dominance provisions could potentially apply to a person that controls a market without competing in that market (TREB)
Davies Ward Phillips & Vineberg (Toronto)
Canadian Federal Court of Appeal Expands Scope of Competition Act’s Abuse of Dominance Provisions* On February 3, 2014, the Federal Court of Appeal overturned the Competition Tribunal’s 2013 decision dismissing the Commissioner of Competition’s abuse of dominance allegations against the Toronto (...)

The Lithuanian Competition Council imposes fines for abusive practices in the food and drinks retail sector concerning return of goods (MAXIMA)
Lithuanian Competition Authority (Vilnius)
Competition council imposes a fine of 40 000 LTL on Maxima LT, UAB* On January 22, having established that the provisions set forth in MAXIMA LT, UAB (MAXIMA) supply agreements fail to comply with the requirements of the Law on the Prohibition of Unfair Practices of Retailers of the Republic (...)

The Russian Competition Authority welcomes the acceptance of a rail company to implement the warning aiming to abolish restrictions for sales of tickets (FPK)
Russian Federal Antimonopoly Service
“FPK” OJSC executed a FAS warning* On 17th January 2014, “FPK” OJSC informed the Federal Antimonopoly Service (FAS Russia) about executing a warning to stop actions that had signs of violating the antimonopoly law. The company began selling tickets for No. 132U “Moscow – Orsk” train from the (...)

The Turkish Competition Authority fines sole oil refiner for abusing its dominance by pricing and contractual practices (Tüpraş)
Turkish Competition Authority
Turkey’s “largest industrial enterprise” Tüpras hit with record fine for abuse of dominance* According to Turkish Competition Authority’s (TCA) press release (English version will be added as published) the Turkish Petroleum Rafineries Co. (Tüpraş), the largest enterprise in Turkey was fined by the (...)

The Albanian Competition Authority asks to telecoms regulatory body and mobile operator for market adjustment without imposing fine and requiring commitments in a case of alleged abuse of dominance in the mobile telephony market (Vodafone Albania)
Albanian Competition Authority
Market playing rules can be compared to those of a soccer match in the sense that every wrong interference from a player worries the opponent but the foul punishment depends on the referee (in the case of competition the Antitrust body). The referee can decide whether not to punish at all, give (...)

The Latvian Competition Council fines sole operator of the public transportation database for delaying market entry for competing ticket cash registers (Transporta telemātikas sistēmas)
Competition Council of Latvia
The Competition Council fines operator of the national database of public transportation for abusing its dominant position* In the late 2013, the Competition Council (CC) of the Republic of Latvia took a decision to fine SIA „Transporta telemātikas sistēmas”, the operator of the national database (...)

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

The Polish Competition Authority renders legally binding commitments in an abuse of dominant position case in the retail and wholesale markets of gas supply (PGNiG)
European Commission (Brussels)
Poland: PGNiG offers Commitments in Abuse of Dominance Case* On 31 December 2013, the President of the Office of Competition and Consumer Protection (UOKiK) adopted a decision rendering the commitments offered by Polskie Górnictwo Naftowe i Gazownictwo (PGNiG) binding in the framework of (...)

The Paris court of appeal upholds the competition authority’s decision holding that direct access to telecom company subscribers is not an essential facility (Cogent Communications / France Télécom)
Herbert Smith Freehills (Paris)
Introduction At a time when cloud computing is changing the face of the Internet, the decision of the Paris Court of Appeal acts as a reminder that the Internet is primarily a matter of physical wires. In December 2013, the Court ruled on an appeal of a French competition authority (ADLC) (...)

The Turkish Competition Authority rules that leading GSM operator abused its dominant position in the GSM services used in vehicle tracking services by complicating its competitors’ activities via exclusive practices (Turkcell)
Turkish Competition Authority
Leading GSM operator Turkcell fined TL 40 million for abuse of dominance as Council of State annulled the previous decision* According to the Turkish Competition Authority’s (TCA) press release, Turkcell, the leading GSM operator in Turkey, was fined approximately TL 40 million (USD 20 (...)

The Danish Competition and Consumer Authority reports a German engine manufacturer and its local distributor for preventing the supply of spare parts for IC3-trains (Deutz)
Danish Competition and Consumer Authority (Copenhagen)
The Danish Competition and Consumer Authority reports the German engine manufacturer Deutz AG and the company’s distributor in Denmark to the police* Following a ruling from the Danish Competition Appeals Tribunal, The Danish Competition and Consumer Authority reports the German engine (...)

The Slovenian Supreme Court annuls the Competition Authority’s infringement decision against telecom company for abuse of dominance in the market for the provision of mobile telecommunications services to end customers (Itak Džabest)
Fatur Law Firm (Ljubljana)
On 26 November 2013, the Supreme Court of the Republic of Slovenia ruled in case G 9/2012, Telekom Slovenije v. Slovenian Competition Protection Agency (hereinafter referred to as CPA). The Supreme Court annulled the CPA’s decision (Case 306-14/2009), which found anti-competitive conduct on the (...)

The US District Court of Western Texas dismisses antitrust claims predicated upon alleged trademark misuse in relation to flow conditioners in oil pipelines (RJ Machine / Canada Pipeline Accessories)
Orrick, Herrington & Sutcliffe (San Francisco)
Trademark Misuse Is ^Almost^ Never an Antitrust Injury* Trademarks are commonly thought to convey no market power. In RJ Machine Co. v. Canada Pipeline Accessories Co., Case No. 1:13-cv-00579-SS (W.D. Tex. Nov. 22, 2013) (Sparks, J.), the court dismissed antitrust claims predicated upon (...)

The Italian Regional Administrative Court of Second Instance annuls the Italian Competition Authority’s decision concerning an abuse of dominant position in motorway assistance sector (Europe Assistance VAI)
Lipani Catricalà & Partners (Rome)
*Italian antitrust administrative case law. Overview of all decisions from October to December 2013 (Third contribution) 1. Premise – This work is part of a project (hereinafter, the “Project”) aimed to offer a general, quarterly overview of all the decisions of Italian administrative courts, (...)

The Swiss ComCo closes proceedings without further action against a Swiss individual with a formerly controlling stake in companies investigated for a possible abuse of a dominant position
University of St. Gallen (St Gall)
,
Lenz & Staehelin (Zurich)
Swiss Competition Commission rejects liability of a natural person with a controlling shareholding in companies under cartel investigation* On November 18, 2013, the Swiss Competition Commission (ComCo) closed proceedings without further action against a Swiss individual with a formerly (...)

The England and Wales High Court grants interim injunction ordering defendant bank to continue providing financial services given threat of irreparable harm to claimants (Dahabshiil Transfer Services / Barclays Bank)
St John’s Chambers
United Kingdom: interim injunctions in competition litigation* Private competition litigation is continuing to develop in the United Kingdom. The courts and the Competition Appeal Tribunal are seeing an increase in the number and complexity of follow-on damages actions, often between foreign (...)

The French Competition Authority accepts commitments from horse betting company consisting in the separation of its on-line and off-line horse betting activities to settle a case for potential abuse of a dominant position (PMU)
Simmons & Simmons (Paris)
The commitments proposed by the PMU follow a formal complaint lodged by a competing online horse betting company, Betclic, on January 2012, to the French Competition Authority. In its compliant, Betclic alleged that PMU was abusing its legal monopoly on the French off-line horse betting market (...)

The French Competition Authority launches a public consultation on commitments received in by a major operator in online gambling sector (PMU)
University Dublin College (UCD)
The French Competition Authority launched a public consultation on commitments it received from an operator in a dominant position on the online gambling market to split its online betting activities from those of its shop-betting network. Following a complaint from the Betclic Everest Group (...)

The EU Commission consults on commitments to license on FRAND terms regarding use of standard essential patents (Samsung SEPs)
Garrigues (Brussels)
Samsung offers commitments to appease DG Comp* The most important (antitrust-related) news last week was the European Commission’s announcement that it will market test a commitment proposal submitted by Samsung regarding the enforcement of its SEPs (Standard Essential Patents) related to (...)

The Australian Competition and Consumer Commission proposes to allow the national music copyright collection society to continue its arrangement for the acquisition and licensing of performing rights subject to a range of conditions (APRA)
Australian Competition and Consumer Commission
ACCC proposes changes to performing rights arrangement* The Australian Competition and Consumer Commission proposes to allow the Australasian Performing Right Association (APRA) to continue its arrangements for the acquisition and licensing of performing rights in music subject to a range of (...)

The Canadian Competition Bureau chooses not to appeal the decision of the Competition Tribunal, but to focus on identifying alternate means of addressing the competition issues in the supply of credit card services (VISA, MasterCard)
Davies Ward Phillips & Vineberg (Toronto)
Credit Cards in Canada: What Role for Competition Law?* 1. Introduction The growing popularity of credit and other payment cards among consumers has been accompanied by an increase in the regulatory and legal scrutiny of the terms governing the availability and use of these cards. One focus (...)

The European Commission market tests commitments proposed by German railway incumbent concerning pricing system for traction current in Germany (Deutsche Bahn)
Van Bael & Bellis (Brussels)
On 15 August 2013, the European Commission published a series of commitments proposed by the German railway incumbent Deutsche Bahn (“DB”) to resolve an investigation into its pricing system in Germany for the electricity used to power locomotives (known as “traction current”). In a press (...)

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 UK Competition Appeal Tribunal awards exemplary damages against conduct calculated to make a profit exceeding the compensation payable (2 Travel Group / Cardiff City)
University of Dundee
Exemplary Damages in Competition Litigation* Much ink has been spilt following 2 Travel v. Cardiff Bus and Albion Water v. Dŵr Cymru Cyfyngedig on the subject of competition litigation in Europe. An axiom with varying justification is that European competition litigation must not embrace (...)

The England and Wales High Court refuses interim injunction against the refusal to grant access to airport coach terminal even though arguable case of abuse made out as damages would be an adequate remedy if abuse established at trial (Arriva The Shires / London Luton Airport Operations)
St John’s Chambers
United Kingdom: interim injunctions in competition litigation* Private competition litigation is continuing to develop in the United Kingdom. The courts and the Competition Appeal Tribunal are seeing an increase in the number and complexity of follow-on damages actions, often between foreign (...)

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

The EU Commission sends statement of objections to a telecom operator over standard essential patents (Motorola Mobility)
Van Bael & Bellis
,
White & Case (Brussels)
On 6 May 2013, the European Commission announced that it had formally sent Motorola Mobility a Statement of Objections (SO) over the company’s alleged misuse of mobile phone standard essential patents (SEPs). The Commission believes that Motorola Mobility abused its dominant position in (...)

The European Commission carries out a market test of commitments in its investigation of online search service provider (Google)
Cleary Gottlieb Steen & Hamilton (Brussels)
The Google Commitments – Testing Substantive Theories Through Remedy Discussion* Over the last two months, the Commission has been market testing commitments that Google has offered to resolve the Commission’s pending investigation. Many have made thoughtful comments. But there has also been (...)

The European Commission begins market testing of commitments offered by the leading web search operator to address competition concerns (Google)
Van Bael & Bellis (Brussels)
On 25 April 2013, the Commission issued a press release announcing that it had begun market testing commitments offered by Google in relation to online search and search advertising. In its press release, the Commission stated that it continues to have concerns that Google may be abusing (...)

The European Commission accepts commitments offered by the Czech electricity incumbent to resolve competition concerns (CEZ)
Van Bael & Bellis (Brussels)
On 10 April 2013, the European Commission announced that it has accepted a set of commitments offered by CEZ, the Czech electricity incumbent, in July 2012 to resolve concerns regarding an alleged infringement of Article 102 TFEU. In particular, the Commission had reached the preliminary (...)

The UK Competition Appeal Tribunal dismisses the claim for exemplary damages against a water management company (Albion Water / Dŵr Cymru Cyfyngedig)
University of Dundee
Exemplary Damages in Competition Litigation* Much ink has been spilt following 2 Travel v. Cardiff Bus and Albion Water v. Dŵr Cymru Cyfyngedig on the subject of competition litigation in Europe. An axiom with varying justification is that European competition litigation must not embrace (...)

The UK Competition Appeal Tribunal awards damages in a follow-on claim arising from abuse of dominance on the market for transportation and partial treatment of water (Albion Water / Dŵr Cymru Cyfyngedig)
Blackstone Chambers
Albion v Dwr Cymru: Incompetence and counterfactuals* The Competition Appeal Tribunal today delivered that rarest of beasts: a judgment awarding damages in a follow-on claim. After its decade-long fight, Albion Water has been awarded around £2 million for Dŵr Cymru’s abuse of dominant position in (...)

The Croatian Competition Authority accepts commitments of the public broadcaster concerning retransmission of television channels by “pay TV” operators (Hrvatska radiotelevizija)
University of Technology (Tallinn)
On 28 March 2013 the Croatian Competition Authority (AZTN) closed its investigation into the alleged abuse of dominant position by the public broadcasting company Hrvatska radiotelevizija (HRT) by accepting a number of behavioral commitments related to retransmission of television channels by (...)

The German Regional Court of Düsseldorf makes reference for a preliminary ruling to the CJEU on standard-essential patents (Huawei / ZTE)
Ashurst (Milan)
German Court makes reference for a preliminary ruling to the CJEU on standard-essential patents* On 21 March 2013, the Landgericht Düsseldorf (“Düsseldorf Regional Court”) made a reference (the order is only available in German) for a preliminary ruling to the Court of Justice of the European (...)

The German Competition Authority institutes proceedings against seven district heating suppliers on suspicion of their charging abusively excessive prices (Dalkia)
German Competition Authority (Bonn)
Bundeskartellamt examines excessive district heating prices* The Bundeskartellamt has instituted proceedings against seven district heating suppliers on suspicion of their charging abusively excessive prices. The investigations will focus on around 30 different supply areas throughout nearly (...)

The European Commission fines one compagny €561 Million for breach of commitments (Microsoft)
European Commission (Brussels)
,
Jones Day (Brussels)
,
Jones Day (Brussels)
The European Commission has imposed an unprecedented €561 million ($730 million) fine on Microsoft, finding it broke its pledge to offer consumers a choice of how they access the Internet, rather than defaulting to Microsoft’s Explorer browser. This is the first time a company has been fined for (...)

The European Commission fines US software company €561 M for breach of commitments (Microsoft)
European Commission (Brussels)
,
Jones Day (Brussels)
,
Jones Day (Brussels)
The European Commission has imposed an unprecedented €561 million ($730 million) fine on Microsoft, finding it broke its pledge to offer consumers a choice of how they access the Internet, rather than defaulting to Microsoft’s Explorer browser. This is the first time a company has been fined for (...)

The European Commission imposes a fine for non-compliance with browser choice commitments (Microsoft)
European Commission (Brussels)
European Commission: Microsoft fined for Non-Compliance with Browser Choice Commitments* On 6 March 2013, the European Commission (the Commission) imposed a fine on Microsoft for failing to comply with binding commitments. According to those commitments, Microsoft had to display to Windows (...)

The Supreme Administrative Court of Lithuania draws the limitations of the Competition Authority’s discretion to close the investigation under the Rules of Procedure (Viasat)
Klavins Ellex
Viasat case is a national precedent setting the boundaries of the discretion of Lithuania competition authority to close the investigation subject to undertakings. In 2009 Lithuanian competition authority launched an investigation into the alleged infringement of Article 102 TFEU and its (...)

The Lithuanian Supreme Administrative Court declares that the Competition Council has to perform new evaluation of commitments since its decision lacked motives and was inconsistent (TEO / Viasat)
Law firm of Raimundas Moisejevas (Vilnius)
Background On 22 November 2011, the Lithuanian Competition Council passed resolution on termination of investigation proceedings concerning conformity of Viasat World Limited and Viasat AS actions to the Article 9 of the Competition law. The present article of the Competition law prohibited (...)

The Italian Supreme Administrative Court upholds the NCA’s decision fining leader in construction markets for abuse of a dominant position on the market for plasterboard (Saint Gobain)
Covington & Burling (Brussels)
,
University Bocconi
With its judgment of 12 February 2013, the Italian Supreme Administrative Court (Consiglio di Stato) upheld the judgment of the Italian Administrative Court of First Instance (TAR Lazio) confirming the 2010 decision of the Italian Competition Authority (ICA) fining Saint Gobain Ppc Italia (...)

The US Federal Trade Commission closes its investigation and approves the voluntary commitment of an Internet search engine (Google)
Skadden, Arps, Slate, Meagher & Flom (Washington)
,
Skadden, Arps, Slate, Meagher & Flom (Palo Alto)
,
Skadden, Arps, Slate, Meagher & Flom (New York)
Thoughts On Google’s FTC Settlement Law360, New York (January 04, 2013, 4:42 PM ET) — On Jan. 3, 2013, the Federal Trade Commission ended its highly publicized and wide-ranging investigation into Google Inc.’s business practices with an enforcement action that has been described by some as a (...)

The French Competition Authority renders legally binding some commitments offered to solve competition concerns raised in the distribution of insurance products to golfers (Eurogolf / Fédération Française de Golf)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence makes the commitments proposed by the ’Fédération Française de Golf’ mandatory. Golf players (or licensees) may take out insurance of their choice, which may differ from that offered (...)

The EU Commission adopts decision rendering international news media agency’s commitments legally binding (Thomson Reuters)
Van Bael & Bellis (Brussels)
On 20 December 2012, the Commission announced that it had adopted a decision that renders legally binding the commitments offered by Thomson Reuters to create a new licence ("ERL") allowing customers, for a monthly fee, to use Reuters Instrument Codes (“RICs”) for data sourced from Thomson (...)

The Romanian Competition Authority accepts behavioural commitments of a central securities depository and closes its investigation into the alleged abuse of dominant position (SC Depozitarul Central SA)
University of Technology (Tallinn)
On 11 December 2012 the Romanian Competition Authority (CC) concluded its investigation into the alleged abuse of dominant position on the market for the services rendered by the central securities depository by accepting a series of behavioral committments related to the pricing of the (...)

The Luxembourg Competition Council accepts commitments in press distribution sector (Valora)
European Commission (Brussels)
Luxembourg: The Competition Council accepts Commitments in Press Distribution Sector* By its decision of 23 November 2012, the Competition Council has accepted commitments by Valora Luxembourg s.à.r.l. (Valora), the Luxembourgish subsidiary of Valora Holding SA (Switzerland), that address the (...)

The French Competition Authority accepts commitments proposed by editor of printed and online directories and puts an end to its investigations in the market of sale of advertising space in those directories (PagesJaunes)
White & Case (Paris)
In a decision issued on November 22, 2012, the French Competition Authority (hereafter “the FCA”) accepted the commitments proposed by PagesJaunes SA, thereby putting an end to a procedure following complaints for abuse of dominant position, without imposing any fine. PagesJaunes is the leader (...)

The Hellenic Competition Commission accepts commitments from dominant incumbent gas company (DEPA)
European Commission (Brussels)
The Hellenic Competition Commission accepts commitments from dominant Greek incumbent gas company* In a landmark decision of 12 November 2012, the Hellenic Competition Commission (HCC) accepted commitments offered by DEPA, the Greek incumbent gas supplier, with a view to speeding up the (...)

The Romanian Competition Authority makes binding commitments made by the Central Depository on registry services to securities issuers (Depozitarul Central)
Nestor Nestor Diculescu Kingston Petersen (Bucharest)
,
Nestor Nestor Diculescu Kingston Petersen (Bucharest)
Since 2010, following the amendment of the Romanian Competition Law no.21/1996, the Romanian Competition Council (“RCC”) has been able to accept legally binding commitments offered by companies in order to address the concerns relating to potential infringements of competition law. The (...)

The EU Commission sends SOs to software company regarding failure to comply with commitments relating to web browsers and identifies additional issues relating to release of new software (Microsoft)
Van Bael & Bellis (Brussels)
On 24 October 2012, the European Commission announced that it sent a Statement of Objections (“SO”) to Microsoft informing the company of the Commission’s preliminary view that Microsoft failed to comply with its commitments designed to enable users to more easily choose their preferred web (...)

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

The Romanian Competition Authority accepts behavioural commitments in unfair pricing case in the natural gas sector (Progaz)
University of Technology (Tallinn)
On 5 September 2012 the Romanian Competition Authority (CC) has accepted behavioral committments of a dominant undertaking in the natural gas sector and closed its investigation into the alleged abuse of dominant position initiated under the national equivalent of Article 102 TFEU. In June (...)

The Romanian Competition Council closes investigation on abuse of dominant position on the local market of natural gas installations planning and execution accepting commitments undertaken by the monopolist (PROGAZ P&D)
Grigorescu Ştefănică
Romania: The Romanian Competition Council accepted the commitments undertaken by PROGAZ P&D SA* The Romanian Competition Council (“RCC”) accepted the commitments undertaken by PROGAZ P&D SA in view of relieving the concerns regarding infringement of the antitrust rules by abuse of a (...)

The Italian Administrative Court of First Instance quashes the NCA’s decision against pharmaceutical company for misuse of patent (Pfizer)
Bonelli Erede (Rome)
In its judgment delivered on 3 September 2010, the Italian Court of First Instance (‘TAR Lazio’) quashed the decision by which the Italian Competition Authority (‘ICA’) fined Pfizer EUR 10.6 million for having abused its dominant position in the visual glaucoma medicine market, by blocking or (...)

The EU Commission publishes commitments offered by Canadian aluminum manufacturer to resolve tying allegations (Alcan)
Van Bael & Bellis (Brussels)
On 10 August 2012, the Commission published in the Official Journal commitments offered by Alcan to address the Commission’s investigation of alleged tying practices by that company. According to the Commission, its preliminary assessment indicates that Alcan has a dominant position in (...)

The Hungarian Competition Authority initiates a competition supervision procedure against a dominant undertaking on the market for debit cards (MasterCard Europe)
Hungarian Competition Authority (Budapest)
Competition supervision procedure initiated against MasterCard Europe Sprl* The Gazdasági Versenyhivatal (GVH - Hungarian Competition Authority) has initiated a competition supervision procedure against MasterCard Europe Sprl for an alleged abuse of a dominant position. The GVH noticed that (...)

The President of the Polish NCA finds that a professional road transport association has restricted competition by imposing differentiated charges for distributing TIR vouchers (Association of International Road Carriers)
Orange (Warsaw)
The Association of International Road Carriers (AIRC), the largest Polish road transport industry association bringing together four thousand entities, has the exclusive right to distribute TIR vouchers in Poland. As AIRC website suggests, the AIRC members own almost all of the 100 thousand (...)

The EU Commission opens proceedings against US software company to investigate possible non-compliance with browser choice commitments (Microsoft)
Van Bael & Bellis (Brussels)
On 17 July 2012, the Commission announced that it had opened proceedings against Microsoft in order to investigate whether the company has failed to comply with its 2009 commitments to offer users a choice screen that provides another means of allowing users to choose their preferred web (...)

The French Competition Authority accepts commitments proposed by French media distribution company and puts an end to its investigations in the press distribution sector (Presstalis)
White & Case (Paris)
Summary of the case In a decision issued on July 12, 2012, the French Competition Authority (hereafter “the FCA”) accepted the commitments proposed by Presstalis, thereby putting an end to a procedure following complaints for abuse of dominant position, without imposing any fine. The (...)

The EU Commission publishes commitments from Czech energy company to resolve alleged infringements on the market for the generation and wholesale supply of electricity (CEZ)
Van Bael & Bellis (Brussels)
On 10 July 2012, the Commission published in the Official Journal proposed commitments by Czech energy company CEZ to resolve alleged abuses of a dominant position under Article 9 of Regulation 1/2003. The move follows from dawn raids in November 2009 and the official opening of an (...)

The UK Competition Appeal Tribunal imposes exemplary damages in a predatory pricing case in the bus services market (2 Travel / Cardiff Bus)
Sidley Austin (London)
2 Travel v Cardiff Bus – Making Commitments in Dominance Cases Less Attractive?* In early July 2012, the UK’s specialist competition court, the Competition Appeal Tribunal (“CAT”), adopted a judgment (“Judgment”) in which it awarded a claimant (2 Travel) exemplary damages in relation to predatory (...)

The Danish Competition Authority adopts a commitments decision concerning the prevention of abusive behaviour of a news agency (Ritzau)
Danish Competition and Consumer Authority (Copenhagen)
Ritzau’s News Service* On June 27th 2012, The Danish Competition Council (DCC) has adopted a commitment decision, cf. Section 16a of the Danish Competition Act, to prevent competition restrictions in the Danish market for news services. The decision concerns the news agency Ritzau Bureau af (...)

The EU General Court upholds a periodic penalty payment imposed by the Commission on an undertaking for failing to share adequate interoperability information (Microsoft)
Blackstone Chambers
“Imprecise legal concepts” are no excuse* The second chapter of the Microsoft saga unfolded on 27 June 2012, when the General Court largely upheld the €899 million periodic penalty payment imposed on Microsoft for failing to share adequate interoperability information with its competitors. (...)

The Italian Competition Authority closes case against telecom incumbent with commitments (Telecom Italia)
European Commission (Brussels)
Italy: The Italian Competition Authority closes Case against Telecom Italia with Commitments* On 19 June 2012, the Italian Competition Authority (ICA) decided to accept the commitments offered by Telecom Italia S.p.A. (Telecom Italia) in an abuse of dominant position case in which Telecom (...)

The Italian Competition Authority publishes for market test the commitments of the incumbent electricity operator (Eni)
European Commission (Brussels)
Italy: Market Test of Commitments in alleged Abuse by ENI in Gas Transportation Case* On 12 June 2012, the Italian Competition Authority (ICA) published for market test the commitments proposed by Eni (Ente Nazionale Idrocarburi). In its commitments, Eni offered to auction off transportation (...)

The Hellenic Competition Commission imposes on Greek leading movie producer and distributor the obligation to supply movies to its economically dependent competitor (Odeon, Technopolis)
European Commission - DG Internal Market and Services
Facts In 2005 the company "ODEON ENTERPRISE OF PUBLIC ENTERTAINMENT S.A.", hereinafter ODEON, opened the multiplex cinemas ODEON TALOS in Heraklion of Crete, in Greece. In the same area another multiplex called TECHNOPOLIS CINE TSAGKARAKIS S.A., hereinafter TECHNOPOLIS, has been active since (...)

The Bulgarian Competition Authority approves commitments in a case of alleged abuse of dominant position (MPT/SP Dina)
Djingov, Gouginski, Kyutchukov & Velichkov
By a decision of 22 May 2012 the Commission on Protection of Competition (the “CPC”) approved proposal for commitments (the “Commitments Decision”) by a bus station operator in the framework of an investigation for abuse of dominant position by way of application of different provisions to (...)

The European Commission invites leading web search engine to submit remedies to address alleged abuse of dominance concerns (Google)
Van Bael & Bellis (Brussels)
On 21 May 2012, the Commission issued a press statement inviting Google to submit remedies to address four concerns it identified pursuant to the antitrust investigation it launched in November 2010 into a potential abuse by Google of its dominant market position. The Commission noted (...)

The Mexican Competition Commission accepts commitments and revokes monopolization fine imposed on telecommunications company (Telcel)
Jones Day (Mexico)
,
Jones Day (Mexico)
,
Jones Day (Mexico)
The Mexican Federal Competition Commission ("CFC") has revoked a fine of approximately US $1 billion that it had imposed on Mexican telecommunications company Radiomóvil Dipsa, S.A de C.V. (Telcel), a subsidiary of América Móvil, owned by Mexican billionaire Carlos Slim.The revocation resulted (...)

The Mexican Federal Competition Commission annuls abuse of dominance fine imposed on telecoms giant (America Movil)
Mircea & Partners (Bucharest)
America Movil abuse of dominance case seems to be a”happy-end” story but not for everybody* Everybody at America Movil (”AM”) – and especially its owner, Mr.Carlos Slim – should have welcomed with a sense of relief the (somehow unexpected) turn in the saga which started last year when the Mexican (...)

The Polish Competition Authority accepts commitments in the natural gas market (PGNiG)
European Commission (Brussels)
Poland: PGNiG’s Commitments in Abuse of Dominance Case in Gas Sector* On 13 April 2012, UOKiK adopted a decision which renders the commitments offered by Polskie Górnictwo Naftowe i Gazownictwo (PGNiG) binding in the framework of proceedings relating to an alleged abuse of dominant position on (...)

The Danish Competition Authority decides not to initiate any further investigation in a case of urging municipalities to sign contracts without initiating public tenders (KMD)
Danish Competition and Consumer Authority (Copenhagen)
The IT-company KMD’s strategy to urge municipalities to sign it-contracts with KMD and refrain from initiating public tenders* This case concerns whether the Danish IT-company KMD has breached section 11 in the Danish Competition Regulation and TEUF article 102 by pursuing a strategy to urge (...)

The Greek Competition Authority accepts commitments in a pay-TV case (Forthnet, Multichoice)
European Commission (Brussels)
Greece: The Competition Commission accepts Commitments in Digital Satellite Pay-TV Case* On 26 March 2012, the Grand Chamber of the Hellenic Competition Commission (HCC) decided, by a majority vote, to accept the commitments proposed by Forthnet S.A (Forthnet) and its subsidiary, Multichoice (...)

The Latvian Competition Council imposes fines for discriminatory pricing concerning airport services (Riga International Airport)
Competition Council of Latvia
Riga International Airport Fined for Abuse of Dominant Position* On 10 February 2012, the Competition Council (CC) took a decision establishing that Riga International Airport (Airport) had abused its dominant position by charging to the Irish airline Ryanair substantially lower prices for (...)

The European Commission opens an investigation against south Korean producer of smart phones and tablet computers for abusive use of its essential patents for 3G mobile and wireless telecommunications system standard (Samsung)
Criterion Economics
The European Commission opens an antitrust investigation against Samsung Electronic* On January 31, the European Commission announced the opening of a formal antitrust investigation against Samsung Electronic, the South Korean producer of smartphones and tablet computers. The case concerns the (...)

The French Competition Authority accepts and renders mandatory the commitments proposed to solve competition concerns on the meteorological services for businesses sector (Météo-France)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence makes commitments by Météo-France regarding a clear separation between its business activities and its public service remit binding. Météo-France commits in particular to upgrade and (...)

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 Regional Administrative Court of Lazio confirms a fine imposed by the Italian NCA against the construction market leader for abuse of dominant position in the plasterboard market (Mercato del Cartongesso, Saint-Gobain)
Economisti Associati
,
University Luiss Guido Carli - GRIF (Rome)
On the 24th of December 2011, the Regional Administrative Court of Lazio (‘RAC’)(Tribunale Amministrativo Regionale del Lazio) rejected the appeal from Saint-Gobain PPC Italia S.p.A. (‘Saint-Gobain‘), the Italian subsidiary of the multinational corporation leader worldwide in the construction (...)

The French Competition Authority renders legally binding commitments offered by leading retailer to remedy competition concerns on the retail distribution sector (Carrefour Market)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence makes commitments proposed by Carrefour concerning a Parisian supermarket franchised under the Champion name binding. Carrefour commits to adapt the standard Carrefour Market (...)

The EU Commission makes commitments legally binding to ensure competition in mainframe maintenance market (IBM)
Ashurst (Milan)
European Commission makes IBM’s commitments in the mainframe maintenance market legally binding* On 14 December 2011 the European Commission stated that it has made commitments offered by IBM Corporation in the mainframe maintenance market legally binding (see Newsletter 6/2011 p. 6, Newsletter (...)

The EU Commission market tests international multimedia news agency’s commitments on its licensing practices (Thomson Reuters)
Van Bael & Bellis (Brussels)
On 14 December 2011, the Commission announced that it was inviting comments on commitments offered by Thomson Reuters to address concerns that its licensing practices in relation to the Reuters Instrument Codes (“RICs”) may infringe Article 102 TFEU. RICs are codes that identify securities (...)

The European Commission adopts a commitment decision concerning the aftermarket for IT company mainframe maintenance (IBM)
European Commission - DG COMP (Brussels)
,
Italian Competition Authority (Roma)
An analysis of the IBM Commitment Decision concerning the aftermarket for IBM mainframe maintenance* The content of this article does not necessarily reflect the official position of the European Commission. Responsibility for the information and views expressed lies entirely with the (...)

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

The Lithuanian Competition Council accepts commitments by distributors of TV channels (Viasat World and Viasat)
European Commission (Brussels)
Lithuania: Competition Council accepts Commitments by Viasat World Limited and Viasat AS in Distribution of TV Channels* On 22 November 2011, the Competition Council (CC) closed an investigation into a possible abuse of dominance by Viasat World Limited and Viasat AS (representative of Viasat (...)

The EU Commission accepts commitments offered by financial services company to abolish the licensing fees that banks pay for the use of US International Securities Identification Numbers (S&P)
Ashurst (Milan)
European Commission makes Standard & Poor’s commitments legally binding* On 15 November 2011 the European Commission announced it has decided to make the commitments offered last May 2011 by Standard & Poor’s (“S&P”), to abolish the licensing fees that banks pay for the use of U.S. (...)

The Spanish Competition Commission fines the incumbent postal operator for breach of commitments agreement (Correos)
European Commission (Brussels)
Spain: The CNC fines CORREOS for Breach of Commitments Agreement* In its Resolution of 23 August 2011, the National Competition Commission (CNC) Council found that it was established that the Sociedad Estatal Correos y Telégrafos, S.A. (Correos) had breached the Commitments Agreement concluded (...)

The Luxembourg Competition Council holds that cable operator did not properly implemented all the corrective measures imposed in its decision concerning an abuse of dominant position in the market for the distribution of TV programs by cable, DSL and satellite (CODITEL)
Brown Brothers Harriman (BBH) (Luxembourg)
,
Arendt & Medernach (Luxembourg)
FACTS OF THE DECISION The Luxembourg Competition Council (“the Competition Council”) issued a first decision on 10 December 2010 (“the Decision”) sanctioning Coditel under Article 5 of the Luxembourg competition Act (the “Competition Act”) on the grounds it abused its dominant position on the market (...)

The US FTC opens in-depth investigation for alleged antitrust violations in the online search market: A point of view (Google)
David A. Balto (Washington, DC)
Internet Search Competition: Where’s the Beef?* On [24] June 2011, Google announced that the FTC had opened an investigation of its search practices. This is an issue I have given considerable thought to. In an article I just released—Internet Search Competition: Where’s the Beef?—I explain (...)

The European Commission publishes commitments offered by a leading financial company (Standard & Poor’s)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
On 16 May 2011, the Commission published commitments offered by Standard & Poor’s (“S&P”) to remedy concerns regarding the pricing of international securities identification numbers (“ISINs”). ISINs are a standardized form of identification of securities which are needed in order to buy or (...)

The Italian Competition Authority makes binding commitments of a gambling operator concerning an alleged abuse of dominant position on the games and betting market (SISAL)
European Commission (Brussels)
Italy: The Antitrust Authority (ICA) accepts Commitments by SISAL S.p.A. in the Italian Games and Betting market* On 13 April 2011, the ICA accepted the binding commitments proposed by SISAL S.p.A. (SISAL) which will facilitate the access by competitors to the on-line bet-collection market. (...)

The Spanish NCC closes, subject to commitments, proceeding against the performer’s collective management organization for unfair and discriminatory tariffs on TV broadcasting of audiovisual works (AISGE)
Callol, Coca & Asociados (Madrid)
The commitments finally presented by AISGE redesign the calculation of the tariffs to reflect effective use of its repertoire and have been considered adequate to resolve the anti-competitive effects of the conduct of AISGE; AISGE was under investigation in relation to unfair and discriminatory (...)

The Bulgarian Competition Authority sanctions an electricity distributor for refusal to supply despite the existing commitments decision in a similar case (E.ON Bulgaria Sales)
University of Technology (Tallinn)
On 22 March 2011 the Bulgarian Competition Authority (CPC) prosecuted the dominant electricity distributor E.ON Bulgaria Sales for the refusal to supply due to the existing debts accumulated by the previous owner of the facility supplied with electric energy. The CPC‘s investigation into the (...)

The Bulgarian Supreme Administrative Court dismisses complainant’ standing to challenge commitments in antitrust cases (Zlaten Lev Capital)
Kinstellar (Sofia)
The Bulgarian Supreme Administrative Court (the “SAC”) rejected complainants’ locus standi to challenge the commitments accepted by the Bulgarian Commission for the Protection of Competition (the “CPC”) in antitrust cases. Complainants were considered to lack any cause for appeal because commitments (...)

The Italian Competition Authority accepts commitments proposed by the main IT operator closing the investigation for abuse of dominance on the online collecting advertisement market (Google Italy)
Criterion Economics
The Italian competition authority accepts Google’s commitments in the investigation concerning Google News in Italy* In January 2011, the Italian Competition Authority announced that it closed its investigation against Google Italy, for the alleged abuse of dominant position. The decision was (...)

The Latvian Competition Council imposes fines and legal obligations on distributors of TV channel (VIASAT, TV3)
Competition Council of Latvia
Fines and Legal Obligations Imposed on Distributors of TV Channel TV3* On 18 June 2009 Competition Council (CC) fined VIASAT AS (Estonia) and TV3 Latvia Ltd. for the abuse of dominant position in the market of distribution of television channel TV3 on the territory of Latvia. Both companies (...)

The Budapest Court quashes the commitment decision of the Hungarian Competition Office for insufficiently mild commitments
Hungarian Competition Law Research Centre
Facts Leading Hungarian bank unilaterally increased the fees of pre-redemption. When the customers entered the contract, there was no fee of pre-redemption but the loan contracts expressly authorized the bank to amend the contract unilaterally. Procedural history On the basis of the (...)

The Italian Competition Authority accepts and enforces commitments offered by the main energy companies active in the Sicily electricity wholesale market (Enel, Tolling Edipower)
Ferrovie dello Stato (Rome)
Introduction With two resolutions adopted on 22 December 2010, the Italian Competition Authority («ICA») decided to close two parallel investigations opened on January 2010 on the conduct of major electricity producers active in the Sicily macro-area of the electricity wholesale market. ICA (...)

The Romanian Competition Council sanctions the postal incumbent with 26 M € fine for abuse of a dominant position (Romanian Post)
European Commission (Brussels)
* Article published in ECN Brief 01/2011. The original title of this article appears below the e-Competitions title. Please note that the ECN is not the actual "author" of this case summary, but the mere source. As mentioned by the ECN : "The information provided by the ECN Brief is for (...)

The Swedish Competition Authority follows up previous commitments and decides not to take further action against French global specialist in energy management (Schneider)
European Commission (Brussels)
* Article published in ECN Brief 01/2011. The original title of this article appears below the e-Competitions title. Please note that the ECN is not the actual "author" of this case summary, but the mere source. As mentioned by the ECN : "The information provided by the ECN Brief is for (...)

The Luxembourg Competition Council releases a decision imposing remedies on an undertaking active on the cabled distribution market (Coditel)
Brown Brothers Harriman (BBH) (Luxembourg)
,
Arendt & Medernach (Luxembourg)
On 10 December 2010, the Luxembourg Competition Council (“the Council”) has adopted the decision N°2010-FO-02 providing an assessment of the competition law situation on the TV cabled distribution market. Beside a previous decision where the President of the Council has imposed “interim measures” (...)

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 Chinese National Development and Reform Commission (NDCR) completes an investigation for tying conduct in the salt market (Wuchang Salt)
University of Melbourne
,
China Competition Bulletin (Beijing)
,
Institute of American Studies
Decision Against Abuse of Dominance Made under China’s Anti-Monopoly Law: Tying Conduct of the Hubei Salt Industry Group, Wuchang Branch* The local price bureau of the National Development and Reform Commission (NDRC) in Hubei (Hubei Price Bureau) has completed an investigation of a tying case. (...)

The French Competition Authority accepts the commitments undertaken by a search engine company as regards possible exclusionary conduct on the market for online advertising (AdWords)
Ashurst (Milan)
French Competition Authority makes Google’s commitments in Navx case binding* On 28 October 2010, the French Autorité de la Concurrence (“FAC”) formally accepted and thereby made binding on Google a set of improved commitments (available only in French) which the FAC considered to properly address (...)

The French Competition Authority accepts commitments relating to online advertising service (Google AdWords)
Hewlett Packard (Boulogne-Billancourt)
In its decision n° 10-D-30 dated 28 October 2010, relating to practices implemented in the online advertising sector (relative à des pratiques dans le secteur de la publicité en ligne), the French Competition Authority (the «Competition Authority«) accepted the commitments offered by Google to solve (...)

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

The European Commission adopts a commitment decision addressed to Italian energy company regarding potential abuse of its dominant position in the market for gas transportation services(ENI)
European Commission - DG COMP (Brussels)
,
NERA (Berlin)
Strategic underinvestment and gas network foreclosure – the ENI case* Introduction On 29 September 2010, the Commission adopted a commitment decision addressed to ENI Spa (ENI) under Article 9 of Regulation 1/2003. With this decision, the Commission made binding on ENI the commitments it had (...)

The European Commission adopts decision accepting structural commitments from the italian incumbent electricity operator (ENI)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
On 29 September 2010, the Commission announced that it had adopted a decision under Article 9 of Regulation 1/2003 [1] to accept commitments from ENI concerning Italy’s natural gas market. Notably, the commitments were of a structural nature, in that ENI proposed to divest its shares in three (...)

The German Competition Authority accepts commitments from electric heating providers to implement measures to open the market and reimburse customers
Van Bael & Bellis (Brussels)
,
Practising Law Institute
On 29 September 2010, the German Federal Cartel Office (“FCO”) announced that an investigation into twenty-four electric heating operators suspected of abusing their respective dominant positions was closed after the FCO accepted commitments to resolve the competition concerns. The (...)

The French Competition Authority issues a decision making compulsory commitments made by two companies to resolve competition concerns in the household plastic packaging waste treatment (Eco-Emballages & Valorplast)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Eco-Emballages and Valorplast commit to greater neutrality vis-à-vis local and regional administrations in order to ensure full competition between buyers.* Following a referral by DKT International, the (...)

The French Competition Authority accepts commitments undertaken by a tire manufacturer to allay concerns that it abused its dominant market position (Michelin Group)
Fieldfisher (London)
On the 15th September 2010 the French Competition Authority («Autorité de la concurrence«) accepted and rendered legally binding the commitments proposed by Michelin Group. The conduct of Michelin Group, the worldwide leader in the tire market, has repeatedly raised competition inquiries. In the (...)

The Polish Competition Authority issues first commitment decision on the basis of EU Law (ZAiKS)
European Commission (Brussels)
Poland: UOKiK issues first Commitment Decision on the Basis of EU Law On 24 August 2010, the President of the Polish Office of Competition and Consumer Protection (UOKiK) issued the UOKiK‘s first commitment decision on the basis of both national and EU law in a case concerning an abuse of (...)

The Polish Competition Authority accepts commitments from the authors’ association concerning copyrights management agreements under Polish and EU competition law (ZAiKS)
WilmerHale (Brussels)
Market structure and dominant position ZAiKS is the largest association of authors and composers in Poland and the sole active on the market for collective management of copyrights for vocal and musical works. This market was considered by the Polish Office of Competition and Consumer (...)

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 US FTC settles the first significant antitrust enforcement action brought under section 5 of the FTC Act (Intel)
Skadden, Arps, Slate, Meagher & Flom (Washington)
,
Skadden, Arps, Slate, Meagher & Flom (Palo Alto)
On August 4, 2010, the Federal Trade Commission (FTC) announced that it entered into an agreement with Intel Corporation to resolve a much-hyped administrative complaint filed on December 16, 2009. The FTC’s complaint against Intel was filed under Section 5 of the FTC Act, shortly after the FTC (...)

The French Competition Authority launches a market test following a leading internet corporation commitments (Google)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
On 21 July 2010, the French Competition Authority published commitments offered by Google in an effort to resolve competition concerns identified by the Competition Authority in a decision of 30 June 2010. The 30 June decision granted interim measures to Navx, a company which sells online (...)

The French Competition Authority orders interim measures and assesses commitments to remedy antitrust concerns of abuse of dominance in the online advertising market (Google)
Jones Day (Paris)
Google offers commitments to get off the radar screen* A case involving Google confirms that the French Competition Authority is keen on using a combination of interim measures and commitment proceedings in order help it quickly resolve maters which it perceives as competition issues. This may (...)

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

The Hungarian Competition Council accepts commitments to remedy a suspected abuse of dominant position concerning the pricing of mortgages vis-à-vis "captured consumers"
Ernst & Young
The Hungarian Competition Council adopted a commitment decision terminating an investigation relating to the suspected abuse of dominant position by one of the leading banks in Hungary offering personal banking services, including housing loans (mortgages). The investigation was triggered by (...)

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 (...)

An Italian regional administrative tribunal annuls a decision from the NCA for ineffectiveness of the undertakings imposed to address the competition concerns raised on the market for broadcasting rights of football matches (Conto TV)
The Regional Administrative Tribunal for Lazio annuls a decision from the Italian Competition Authority for the ineffectiveness of the undertakings and forces the Authority to restart the proceedings and repeat the market test on the basis of the 287/1990 and 241/1990 laws and the EU Regulation (...)

The European Commission adopts decision accepting commitments from a leading energy group (E.ON)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
On 4 May 2010, the Commission announced that it had adopted a decision under Article 9 of Regulation 1/2003 to accept commitments from E.ON concerning the German gas market. This follows a market testing of the commitments in January 2010. According to the Commission’s press release, interested (...)

The European Commission accepts commitments offered by Swedish incumbent electricity operator in the electricity transmission market (Svenska Kraftnät)
European Commission - DG COMP (Brussels)
,
E.CA Economics (Berlin)
,
Agency for the Cooperation of Energy Regulators (ACER) (Slovenia)
"Swedish Interconnector case /Improving electricity cross-border trade"* I. Introduction The size of the transmission network is a key determinant of competition in wholesale electricity markets. The larger this network, the more suppliers inject their electricity and hence compete for (...)

The Swedish Competition Authority reduces obligation of members of a food products group to supply dairy products (Arla Foods Group)
European Commission (Brussels)
Sweden: Arla Farmers allowed to supply more to rival Dairies Following a Decision by the Swedish Competition Authority (SCA) of 31 March 2010, the Swedish Members of the Arla Foods Group are now entitled to deliver up to 50 % of their Milk Production to other Non-Arla Dairies. Before the (...)

A US District Court grants motion for summary judgment on claims of maintaining a monopoly in the operating systems market (Novell / Microsoft)
Stanford University - Stanford Law School
U.S. District Court dismisses Novell’s claims against Microsoft* On 30 March 2010 the U.S. District Court for the District of Maryland granted Microsoft’s motion for summary judgment on Novell’s claims that Microsoft violated U.S. antitrust laws by engaging in anti-competitive conduct in order to (...)

The EU General Court examines an appeal against a Commission decision in the chip manufacturing sector (Hynix Semiconductor)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
The details of two appeals lodged at the General Court (“GC”) by Hynix Semiconductor (“Hynix”) against two Commission decisions concerning US chip manufacturer Rambus were published in the Official Journal of 5 June 2010. In December 2009, the Commission issued a decision closing an investigation (...)

The Bulgarian Competition Authority accepts the commitments offered by the electricity provider in order to prevent abusive practices on the market for electricity distribution (E.ON Bulgaria Sales)
University of Technology (Tallinn)
On 25 March 2010 the Bulgarian Competition Authority (CPC) accepted the commitments offered by E.ON Bulgaria Sales in order to prevent potential abuses of dominant position on the market for electricity distribution. The CPC’s investigation into the existence of unilateral practices on the (...)

The European Commission makes legally binding commitments proposed by French incumbent electricity operator in long term contracts case (EDF)
European Commission - DG HOME
,
European Commission - DG ENER
,
European Commission - DG COMP (Brussels)
"The EDF long term contracts case: addressing foreclosure for the long term benefit of industrial customers"* I. Introduction On 17 March 2010, the Commission adopted a decision making legally binding the commitments offered by EDF (the incumbent operator) on the French market for the supply (...)

The Bulgarian Competition Authority considers behavioural commitments in cases of refusal to supply (E.On Bulgaria / EVN Bulgaria)
Kinstellar (Sofia)
The Bulgarian Commission for Protection of Competition (the “CPC”) considered behavioural commitments in two cases of dominant undertakings’ refusal to supply for a first time in its practice. In both cases, the proposed commitments essentially boiled down to the adoption of internal instructions (...)

The Bulgarian competition authority considers behavioural commitments in cases of refusal to supply (E.On Bulgaria, EVN Bulgaria)
Kinstellar (Sofia)
The Bulgarian Commission for Protection of Competition (the “CPC”) considered behavioural commitments in two cases of dominant undertakings’ refusal to supply for a first time in its practice. In both cases, the proposed commitments essentially boiled down to the adoption of internal instructions (...)

The Polish President of the Office for Competition and Consumer Protection accepts commitments submitted by satellite pay-TV platform regarding the use of exclusive sports media rights (Cyfrowy Polsat)
Polish Competition Authority (Warsaw)
,
Office of Competition and Consumer Protection (OCCP)
Decision On 12 February 2010, the President of the Office for Competition and Consumer Protection (OCCP) issued a decision which rendered plausible that Cyfrowy Polsat (pay-TV operator) had abused its dominant position by selling rights for public broadcasting of Euro 2008 subject to acquire (...)

The EU Commission announces a market test on commitments offered by an energy company (ENI)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
On 4 February 2010, the Commission announced that the Italian energy company ENI had proposed structural remedies to address the Commission’s concerns that the management and operation of natural gas transmission pipelines by ENI could infringe Article 102 TFEU, and stated its intention to (...)

The European Commission market tests commitments offered by an energy company (E.ON)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
On 22 January 2010, the Commission published in the Official Journal a series of commitments offered by E.ON to address concerns raised by the Commission with respect to the German gas markets. According to the Commission’s preliminary assessment, E.ON may have infringed Article 102 TFEU by (...)

The Italian Competition Authority closes investigation into an online news aggregator service following commitments (Google)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
The Italian Competition Authority (“ICA”) has recently terminated an antitrust investigation into Google after accepting and making binding commitments offered by Google to resolve two concerns raised during the ICA’s investigation. The ICA’s investigation started in August 2009, when Google was (...)

The European Commission renders legally binding commitment offered by US software undertaking concerning web browsers (Microsoft)
European Commission - DG COMP (Brussels)
,
European Commission - DG COMP (Brussels)
,
FTI Consulting (Brussels)
"The Commission’s decision in the Microsoft Internet Explorer case and recent developments in the area of interoperability"* I. Commitment decision on the tying of Internet Explorer to Windows A. Introduction On 16 December 2009, the Commission adopted a commitment decision (‘the Decision’) (...)

The Italian Competition Authority accepts commitments proposed by the historical postal operator (Poste Italiane - Aumento Commissione Bollettini C/C)
European Commission (Brussels)
Italy: The Antitrust Authority (ICA) accepts Commitments by Poste Italiane On 16 December 2009, the Italian Competition Authority accepted binding commitments proposed by Poste Italiane during an investigation into a possible abuse of dominant position in the collection and payment services (...)

The European Commission welcomes public declaration on FRAND terms to patents essential for various standards set by the ETSI (IPCom)
Ashurst (Milan)
IPCom publicly accepts to take over Bosch’s FRAND terms commitments* On 10 December 2009, the European Commission issued a press release regarding the public declaration by IPCom, a German IP licensing company, in relation to the disputes on a portfolio of patents key to mobile standards (...)

The Italian Competition Authority accepts commitments proposed by the historical electric operator and its subsidiaries to put an end to an abuse of dominant position (ENEL)
European Commission (Brussels)
Italy: The Antitrust Authority accepts Binding Commitments by Enel, Enel Distribuzione and Enel Servizio Elettrico On 10 December 2009, the Italian Competition Authority (ICA) accepted binding commitments by ENEL SpA (a holding of the Enel group), ENEL Distribuzione SpA (which manages (...)

The European Commission renders legally binding commitments offered by US software undertaking to lower memory chip royalty rates (Rambus)
European Commission - DG TRADE
,
European Parliament (Luxembourg)
"Patent ambush in standard-setting: the Commission accepts commitments from Rambus to lower memory chip royalty rates"* I. Introduction Standardisation involves competitors sitting around a table agreeing technical developments for their industry. Normally, antitrust rules do not allow (...)

The European Commission renders legally binding commitments offered by French and German incumbent gas operators concerning long-term capacity bookings (GDF, E.ON)
European Commission - DG COMP (Brussels)
,
European Commission - DG ENER
,
European Commission - DG COMP (Brussels)
The Commission’s GDF and E.ON Gas decisions concerning long-term capacity bookings - Use of own infrastructure as possible abuse under Article 102 TFEU* I. Introduction The Commission’s commitment decisions of December 2009 and May 2010 in the GDFand E.ON Gas cases dealt with foreclosure (...)

The European Commission market tests commitments proposed by the French incumbent operator concerning French electricity retail market (EDF)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
On 4 November 2009, the Commission announced that it was launching a market test of commitments offered by French energy company EDF to address allegedly abusive long-term contracts entered into by EDF. The move follows the sending of a Statement of Objections to EDF in December 2008. The (...)

The Italian Competition Authority closes two investigations against the manager of rail networkgroup without finding any competition infringement (NTV/RFI-Accesso al Nodo di Napoli)
Desogus Law Office (Cagliari)
Two investigations conducted by the Italian Competition Authority (ICA) against the incumbent rail operator, the Ferrovie dello Stato group (FS), over alleged infringements of Article 82 EC have been closed by a commitment and an acquittal decision. The ICA started the investigations against FS (...)

The Italian Antitrust Authority finds no abusive conduct for travel facility access and accepts commitments for maintenance area access (NTV/RFI-Accesso al Nodo di Napoli)
University Bocconi
On October 22nd, 2009, the Italian Competition Authority (hereinafter: AGCM) handed down two distinct rulings which concluded the investigatory proceedings concerning FS (Ferrovie dello Stato) and RFI (Italian Railway Network). The two companies were allegedly engaged in abusive excluding (...)

The Portuguese Competition Authority forbids abusive behaviour and imposes commitments in agricultural market (Sugalidal-Heinz)
Sérvulo & Associados
Last October 15th, the Portuguese Competition Authority (Autoridade da Concorrência, hereinafter “PCA”) decided that Sugalidal abused its dominant position in the market for seeds by imposing farmers to acquire and plant only Heinz seeds. According to the Press Release 20/2009, the cPCA decided (...)

The Portuguese Competition Authority dismisses tying charges following commitments (Heinz tomato seeds - Sugalidal)
University of Lisbon
,
Abreu Advogados
Following the acceptance of the commitments offered by food-industry company Sugalidal - Indústrias de Alimentação, the Portuguese Competition Authority (PCA) published on 15 October a press release announcing the dismissal of charges regarding abuse of dominance under the form of tying practices. (...)

The European Commission market tests commitments proposed by a leading software company to address allegations of tying an internet browser (Microsoft)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
On 7 October 2009, the Commission announced that it was beginning a market test of commitments offered by Microsoft to address allegations that it tied its web browser Internet Explorer with its client PC operating system. The move follows the publication of a Statement of Objections earlier (...)

The European Commission market tests commitments in the Swedish electricity transmission market (Svenska Kraftnät)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
On 6 October 2009, the Commission announced that it was beginning a market test of commitments offered by Svenska Kraftnät (SvK), the Swedish transmission system operator, to address various allegations of abuse. The move follows an announcement by the Commission earlier this year that it had (...)

The ECJ Advocate General Kokott recommends overturning CFI judgment that annulled a decision to accept commitments (Alrosa)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
On 17 September 2009, Advocate General Kokott issued her Opinion in Commission v. Alrosa, which concerns the Commission’s appeal of a CFI judgment that annulled a decision to accept commitments proposed by De Beers under Article 9 of Regulation 1/2003. In her Opinion, Advocate General Kokott (...)

The Slovakian Competition Authority condemns a leading undertaking in the field of waste management for abuse of dominant position (ENVI-PAK)
European Commission (Brussels)
Slovakia: Council of the Antimonopoly Office to decide on Prohibition of Abuse in “Green Dot” Licensing Case by ENVI-PAK On 16 September 2009, ENVI-PAK appealed the decision of the Antimonopoly Office of 28 August 2009 before the Council of the Office. The Office found that ENVI-PAK had abused (...)

The Italian Competition Authority is investigating the sale of television rights for soccer matches ("Lega Calcio" - Procedure selettive lega nazionale professionisti campionati)
University of Turin
Since July 22, 2009 the Italian Competition Authority is investigating the sale of lucrative television rights to soccer matches in the country’s top league, Lega Calcio, because it suspects such rights have been packaged to benefit incumbent pay-TV operators and not viewers (Case n° A/418 of (...)

The Latvian Competition Council fines two broadcast companies for abuse of dominance in the market of distribution of television channels and imposes remedies (VIASAT / TV3 Latvia )
Competition Council of Latvia
Fines and Legal Obligations Imposed on Distributors of TV Channel TV3* On 18 June 2009 Competition Council (CC) fined VIASAT AS (Estonia) and TV3 Latvia Ltd. for the abuse of dominant position in the market of distribution of television channel TV3 on the territory of Latvia. Both companies (...)

An Italian Court annulls the Italian Competition Authority’s commitment decision in the “motorway assistance services” case for breach of the proportionality principle (Motorway assistance services)
Bonelli Erede (Rome)
By its judgment delivered on 8 May 2009, the Italian First Instance Administrative Court (“Tar Lazio”) annulled the Italian Competition Authority’s (“ICA”) commitment decision in the “Motorway assistance services” case, since the measures made binding by the ICA were considered disproportionate and (...)

An Italian Administrative Court partially annulls the NCA decision to accept the commitments submitted by motorway companies in a proceeding relating to alleged abuse of dominant position in the roadside assistance market (ANAS, Società Strada dei Parchi, Società Autostrada Tirrenica)
Ashurst
,
Legance - Studio Legale Associato
,
Background With two decisions issued on 22 April 2009, the Italian Administrative Tribunal (Tribunale Amministrativo Regonale, “TAR”) ruled on the power of the Italian Competition Authority (“ICA”) to accept commitments offered by undertakings under investigation for alleged anticompetitive (...)

The French Competition Authority abandons commitments procedure and adopts interim measures in photovoltaic case (EDF)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
On 8 April 2009, the French Competition Authority decided to reject commitments offered by the EDF group («EDF«) – the French electricity incumbent – with respect to the emerging market for photovoltaic electricity (the «photovoltaic market«) and instead to impose interim measures and continue its (...)

The Latvian Competition Council adopts a decision finding an abuse of dominant position in the freeport of Riga management and towing services market (Freeport of Riga Authority)
PwC (Riga)
On March 24, 2009, the Latvian Competition Council (CC) adopted a decision finding an infringement of competition rules by the Freeport of Riga Authority (FRA), which was accused of abusing its dominant position in order to restrict competitor’s commercial activities in the related market. The (...)

The French Competition Authority accepts the commitments made by the telecommunications incumbent to address competitions concerns about the marketing of its wholesale broadband offers (Mediaserv / France Télécom)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Marketing of wholesale broadband offers: France Télécom makes commitments before the Autorité de la concurrence, designed to improve the quality of services provided to third-party operators in France’s overseas (...)

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

The French Competition Authority accepts commitments in the motorway sector (Autoroutes du Sud de la France)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
On 16 February 2009, the French Competition Council accepted commitments from several operators of motorway concessions in France (hereinafter referred to as the “motorway network operators”) to resolve concerns that each may have abused their respective dominant positions as regards the granting (...)

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 Authority market tests commitments offered in the energy sector (EDF)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
On 7 January 2009, the French Competition Authority released a market test notice concerning certain commitments offered by the French electricity incumbent, the EDF group (“EDF”). EDF is the largest supplier of electricity in France and one of the largest players in the European electricity (...)

The Italian Competition Authority accepts the commitments offered in the voice communications and broadband internet access services markets following its investigation into alleged abuse of dominant position (Telecom Italia)
Bonelli Erede (Rome)
By its Decision delivered on 11 December 2008, the Italian Competition Authority (the "ICA") decided to close the proceedings initiated against Telecom Italia ("TI"), by adopting a commitment decision under Art. 14-ter of Law 287/1990 (the Italian Competition Act) which implements the provision (...)

The German Federal Cartel Office settles a number of proceedings against gas suppliers for alleged abuse of dominance and accepts commitments offering compensation to consumers worth € 127 M (Gas price procedures)
University of East Anglia - CCP (Norwich)
Summary The German Federal Cartel Office (FCO) settled a number of proceedings against German gas suppliers for the alleged abuse of a dominant position under sections 19 and 29 of the Act Against Restraints of Competition (ARC) (gas price procedures). Until December 2008 the FCO had accepted (...)

The European Commission approves structural remedies offered by German electricity operator in order to remove suspected infringements of EU Article 102 concerns in the German electricity wholesale and balancing markets (E.ON)
DG REGIO Regional and urban policy
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European Commission - DG COMP (Brussels)
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Agency for the Cooperation of Energy Regulators (ACER) (Slovenia)
"The E.ON electricity cases: an antitrust decision with structural remedies"* I. Introduction On 26 November 2008 the Commission adopted a commitment decision addressed to E.ON AG for suspected infringements of EU competition law involving the German electricity markets. For the first time in (...)

The Italian Competition Authority accepts commitments offered by the incumbent railway undertaking and closes proceeding for abuse of dominance in the rail sector (Rail Traction Company/Rete Ferroviaria italiana-Ferrovie dello stato)
Desogus Law Office (Cagliari)
By a recent decision, the Italian Competition Authority (ICA) accepted and made binding a set of commitments proposed by Ferrovie dello stato (FS) and its wholly owned subsidiary Rete Ferroviaria italiana (RFI), the Italian incumbent railway undertaking and the manager of the national rail (...)

The Italian Competition Authority accepts the commitments submitted by motorway companies in a proceeding relating to alleged anticompetitive agreements and abuse of dominant position in the roadside assistance market in Italy (ANAS, Società Strada dei Parchi, Società Autostrada Tirrenica)
Ashurst
,
Legance - Studio Legale Associato
,
Background On 20 September 2007, the ICA opened a proceeding regarding car assistance services provided in Italy on motorways, alleging that a) the motorways companies had breached Article 3 of Law 287/90 (national provision similar to art. 82 EC) and b) the roadside assistance providers, (...)

The Lazio Regional Administrative Tribunal upholds a Competition Authority’s decision finding that mobile phone operators do not hold a collective dominant position in the market for access to mobile phone network (Eutelia)
Latham & Watkins (Brussels)
Introduction The Regional Administrative Tribunal of Latium, Rome office, First Chamber (“TAR Latium”) by a judgment of 31 December 2008, has upheld a decision of the Italian Antitrust Authority (“IAA”) finding that the Mobile Network Operators (“MNOs”) TIM, Vodafone and Wind do not hold a (...)

The French Competition Authority accepts commitments from the incumbent operator in the sector of engineering, consultancy and certification of telecommunication facilities in a case of alleged abuse of dominant position (Solutel / France Télécom)
Dechert (Paris)
,
Herbert Smith Freehills (Paris)
In a decision of 7 October 2008, the French Competition Council (the "Council") accepted commitments submitted by France Telecom regarding an alleged abuse of its dominant position in the sector of engineering, consultancy and certification of private telecommunications facilities pursuant to (...)

The Japan Fair Trade Commission orders the remove of Non-Assertion Provision (NAP) from Windows (Microsoft)
Japan Fair Trade Commission (Tokyo)
Hearing Decision against Microsoft Corporation* The Japan Fair Trade Commission (“JFTC”) decided on September 1,2004 to commence hearing procedures against Microsoft Corporation,(hereinafter referred to as “the Respondent”) and subsequently instructed the hearing examiners to go through the (...)

The Swiss Competition Commission closes an investigation on the publication of information on drugs following commitment (Documed)
Comité International de la Croix-Rouge
The Swiss Competition Commission (the “Comco”) closed in July 2008 an investigation on the publication of information on drugs through an amicable agreement with the company Documed SA (“Documed”). Documed, a company of the pharmaceutical group Galenica, collects and edits information on drugs, (...)

The European Commission publishes commitments offered by an energy operator to resolve two outstanding investigations under Article 82 EC (E.ON)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
On 12 June 2008, the Commission adopted a press release announcing the beginning of market-testing for commitments offered by E.ON to resolve two outstanding investigations under Article 82 EC. The Commission previously welcomed the submission of such proposals on 28 February 2008. In the (...)

The Italian Competition Authority accepts commitments from the federation for the equestrian sport and closes proceedings for alleged infringement of Art. 81 and/or 82 EC without imposing fines (FISE)
National University of Singapore
On 15 May 2008, the Italian Competition Authority (hereinafter, also the “Authority” or “AGCM”) closed investigations in the market concerning the organization of equestrian sports events, without imposing sanctions and accepting the committments presented. Investigation started against FISE (...)

The Austrian Federal Competition Authority settles a dispute regarding jet fuel supply at the Vienna International Airport (OMV)
Reidlinger Schatzmann Rechtsanwälte
,
Bpv Hügel (Vienna)
In a decision of 4 April 2008, the Austrian Cartel Court declared certain commitments agreed between the Federal Competition Authority ("FCA") and Austrian oil incumbent (OMV) binding on OMV. Background The case’s beginnings lie in a conflict between two companies with strong State (...)

The Austrian Cartel Court accepts commitments in the jet fuel market (OMV)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
On 3 April 2008, the Austrian Cartel Court accepted the commitments of OMV AG (“OMV”) aimed at remedying concerns that OMV had abused its dominant position on the market for the provision of jet fuel and fuel transport infrastructure at the Vienna airport. As a result, OMV has agreed to give (...)

The European Commission finds that Greece has infringed art. 86(1) in conjunction with art. 82 of the EC Treaty by maintaining the preferential access to lignite in favour of the incumbent Greek electricity provider (PPC)
European Commission - DG COMP (Brussels)
,
Chrysses Demetriades & Co. LLC (Limassol)
"The importance of access to fuels for competition in the electricity sector: the case of lignite in Greece"* On 5 March 2008 the Commission adopted a Decision finding that the Hellenic Republic had infringed Article 86(1) in conjunction with Article 82 of the EC Treaty by maintaining the (...)

The Danish Competition Appeals Tribunal partly confirms and partly annuls a decision of the NCA’s on excessive pricing in the wholesale market for physical electricity in Western Denmark (Elsam III)
Kromann Reumert (Copenhagen)
On 3 March 2008, the Danish Competition Appeals Tribunal decided an appeal against an exces-sive pricing decision made by the Danish Competition Council on 20 June 2007. In the original de-cision, the Council had concluded that Danish electricity producer Elsam had abused its dominant position (...)

The European Commission welcomes submission of structural remedies to address two on-going investigations (E.ON)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
On 28 February 2008, the Commission adopted a press release welcoming proposals submitted by E.ON under Article 9 of Regulation 1/2003 to address two on-going investigations relating to competition in the German electricity market. As announced in the Commission’s press release, E.ON has (...)

The Italian Competition Authority closes investigations for abusive conducts committed by the incumbent post operator with a commitments decision (Servizi postali)
Desogus Law Office (Cagliari)
The Italian Competition Authority (ICA), by a commitments decision upon the basis of Article 14-ter of the Act 287/1990, has closed proceedings against Poste Italiane (PI) for abuse of dominant position. PI, the incumbent postal operator, has been alleged to impose on rivals burdensome (...)

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

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

The French Competition Authority fines an Internet operator for implementing discriminatory practices on the high-speed internet access market (France Télécom-Wanadoo)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. After a negotiated settlement with the company, the Conseil de la concurrence imposes €45m fine on France Telecom for having hindered the development of internet access providers competing with its Wanadoo (...)

The French Competition Council inflicts a € 45 M fine on the telecommunications incumbent for abusive discrimination and denigration on the ADSL high-speed Internet access market and specifies the notion of repeated infringements (France Télécom-Wanadoo)
Concurrences (Paris)
(Handook N° F12) The facts In the beginning of 2000, the incumbent telecommunications operator France Telecom has tried to dominate the emerging market of high-speed Internet access. Some of these attempts lead to important decisions from both the French Competition Council (the “Conseil”) and (...)

The French Competition Authority accepts commitments in order to address competition concerns regarding the remuneration of press distributors (NMPP & SAEM-TP)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Conseil de la concurrence considers that the new complementary remuneration system proposed by NMPP meets the competition concerns.* In a decision of 9 October 2007, the Conseil de la concurrence has (...)

The French Competition Authority accepts commitments to address competition concerns in the TV services broadcasting sector (TDF)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. TV services Broadcasting: The commitments obtained by the Conseil de la concurrence from TDF will facilitate the entrusting of programme broadcasting by analogical channels to competing technical operators.* (...)

The German Federal Cartel Office declares binding the commitments of RWE to cease the abuse proceedings for factoring CO2 certificates into its electricity tariffs (RWE)
Gleiss Lutz (Munich)
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Milbank, Tweed, Hadley & McCloy (Munich)
On 26 September 2007, the German Federal Cartel Office (FCO) ceased abuse proceedings launched against RWE AG (RWE) in 2005 after it had declared RWE’s commitments to auction off electricity to be binding. The proceedings centred on the question whether RWE had abused its alleged dominant market (...)

The European Court of First Instance, in upholding the Commission’s decision on abuse of dominant position of the PC operating systems, turns back the clock (Microsoft)
Linklaters (London)
,
University of Cambridge
Overview In its 2004 decision, the Commission concluded that Microsoft had committed two types of abuse which where both related to the dominant position which it held through Microsoft Windows in the PC operating systems market: first, the Commission held that Microsoft had failed to supply (...)

The European Court of First Instance partially upholds the Commission’s decision concerning an abuse of a dominant position in the PC operating system (Microsoft)
European Commission - DG COMP (Brussels)
,
FTI Consulting (Brussels)
,
Belgian Competition Authority (Brussels)
"The judgment of the Court of First Instance in the Microsoft case"* I. The 2004 Decision On 24 March 2004, the Commission adopted a decision pursuant to Article 82 EC concluding that Microsoft had abused its dominant position in the PC operating system market by (i) refusing to provide (...)

The Hungarian Competition Authority’s first investigation based on the Hungarian Trade Act ends with undertakings imposed in the large retail distribution sector without final decision on alleged abuse of dominant position (Tesco)
Hogan Lovells
,
Hogan Lovells
The Hungarian Competition Authority (“HCA”) ordered Tesco to give undertakings in the first proceedings based on the Hungarian Trade Act without concluding whether or not there had been an infringement of the prohibition of abuse of dominant position. Summary In July 2006, the Hungarian (...)

The Italian Competition Authority closes investigations on the conclusion of new electricity supply contracts by imposing remedies to the incumbent operator (Enel)
Desogus Law Office (Cagliari)
The factual background On 18 October 2007 the Italian Competition Authority (AGCM) closed investigations on the Enel Distribuzione (ED) policy for the conclusion of new electricity supply contracts after ED committed to conform the above policy to competition rules. The market concerned is (...)

The Italian Competition Authority accepts for the first time commitments but also imposes fines in the same case (Vodafone / TIM / Wind)
Paul Hastings (Milano)
,
Linklaters (Milan)
On 3 August 2007, the Italian Antitrust Authority ("IAA") closed proceedings initiated against three telecom companies (Tim, Vodafone and Wind) with a decision which affirmed important principles in Italian procedural competition law. There is, however, room for debate as to whether the (...)

The Italian Competition Authority accepts commitments from the main mobile phone operators following investigations on alleged abuse of joint dominant position (Vodafone / TIM / Wind)
Studio Legale DDPV
The Italian antitrust Authority closed an investigation against the main mobile phone operators in Italy (Telecom Italia Mobile SpA , Vodafone Omnitel and Wind) for an alleged abuse of their joint dominant position in the markets of telecommunication services in Italy. In particular, the (...)

The Hungarian Competition Office terminates with commitments a case of alleged excessive price increase of the largest commercial bank (OTP Bank)
bpv Jadi Nemeth Attorneys
The reason the GVH has initiated proceedings against OTP Bank was because OTP Bank unilaterally raised its repayment fee, charged in case of early repayment of the total amount of the personal credit or the mortgage, by 600%. The case ended with commitments undertaken by OTP Bank. 1 (...)

The European Court of First Instance confirms packaging recycling system incumbent’s abuse of dominance (Duales System Deutschland)
European Commission - Secretariat General
,
European Commission - DG COMP (Brussels)
"The Court of First Instance confirms Duales System Deutschland’s abuse of dominance in the packaging recycling system"* I. Introduction On 24 May 2007 the CFI fully upheld two Commission decisions adopted in 2001 concerning the agreements set up by the German system for the collection and (...)

The Italian Competition Authority accepts commitments in the mobile telephony market closing its investigation against the three mobile network operators under Art. 81 and 82 EC (Tele2 / Vodafone / TIM / Wind)
The Italian Competition Authority (AGCM) continues to use its new powers to issue commitments decisions. Similarly to article 9 of Council Regulation (EC) n° 1/2003, of 16 December 2002, on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (OJEC L 1, 4 (...)

The Serbian competition authority finds abuse of dominant position in the market of RTV cable distribution services in Belgrade (Serbia broadband)
University of Belgrade
The Serbian Competition Authority (“Komisija za zastitu konkurencije”) determined in its decision adopted on 22 March 2007, that cable distributor “Serbia Broadband - Srpske Kablovske Mreze doo” (“SBB”) abused its dominant position in the market for provision of radio and TV cable distribution (...)

The Italian Competition Authority accepts commitments presented by a pharmaceutical company authorising potential competitors’ access to its products, with, inter alia, a free licence to manufacturers of generic pharmaceuticals (Merck - Principi Attivi)
National University of Singapore
The Autorità Garante della Concorrenza e del Mercato (the Italian Competition Authority, hereinafter also the “Authority”) recently closed proceedings in the pharmaceutical sector by accepting the commitments presented by Merck. The investigation against the American pharmaceutical company (...)

The Italian Competition Authority closes proceedings against the gas incumbent for alleged breach of Art. 82 EC by accepting commitments in the sector of regasification facilities without imposing sanctions (ENI)
National University of Singapore
On 9 March 2007, the “Autorità Garante della Concorrenza e del Mercato” (hereinafter, also “AGCM”) closed proceedings against ENI, the Italian dominant undertaking in the gas sector, and its subsidiaries without fines and accepted the commitments proposed. In particular, the AGCM had previously (...)

The French Competition Authority accepts some commitments to address competition concerns in the sector of magazine press (AudiPresse)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Conseil de la concurrence accepts Audipresse commitments to change clauses of integration of free magazines into audience survey.* As part of the litigation procedure opened against AudiPresse (formerly (...)

The Italian Competition Authority accepts commitments from the Italian electricity incumbent and closes proceedings for alleged breach of art. 82 EC without imposing sanctions (Comportamenti Restrittivi sulla Borsa Elettrica)
National University of Singapore
On 20 December 2006 the Italian Competition Authority (hereinafter, also ‘‘AGCM’’) accepted commitments by Enel S.p.a. (hereinafter, also Enel) and its subsidiary Enel Produzione S.p.a. (hereinafter, also Enel Produzione), and closed investigations in the wholesale electricity sector without (...)

The Italian Competition Authority accepts commitments aims at facilitating competitors’ access to patented drugs (Merck - Principi Attivi)
London School of Economics
Article 5 of Council Regulation (EC) n° 1/2003, of 16 December 2002, on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (OJEU L 1, 4 January 2003, p. 1-25) allowed National Competition Authorities to accept commitments in proceedings concerning the (...)

The UK Gas and Electricity Markets Authority accepts commitments following a complaint from an Independent Connection’s Provider against anti-competitive conditions of electricity connection services (SP Manweb)
In October 2002, the Office of Gas and Electricity Markets (Ofgem) received a complaint from an Independent Connection’s Provider (ICP) alleging that SP Manweb, which is wholly owned by Scottish Power UK plc Group, had engaged in anti-competitive behaviour when providing non-contestable (...)

The Belgian Competition Authority accepts commitments and closes proceedings for breach of Art. 82 EC on electronic payment services and debit card terminals markets (Banksys)
Autorité de contrôle prudentiel
Background Following an investigation initiated by the Belgian Ministry of Economy in 2000 and two complaints lodged by small businesses associations in 2002, an enquiry was launched on 29 June 2004 by the Belgian Competition Council (Conseil de la concurrence) about alleged anticompetitive (...)

The French Competition Authority accepts commitments proposed to address competition concerns in the sector of directory assistance via telephone and Internet (France Télécom & PagesJaunes)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Directory assistance via telephone and Internet: The Conseil de la concurrence accepts commitments proposed by France Télécom andPages Jaunes and decides to close the case.* Following a referral in January 2006 (...)

The Italian competition authority closes proceedings for alleged breach of Art. 82 EC following commitments made by the undertaking on the audiovisual rights market (Mediaset - Diritti Calcistici II)
London School of Economics
Background and procedure The present case note concerns the follow-up of a decision to open proceedings adopted by the Italian NCA in March 2005 that was commented in a previous issue of e-Competitions (P. Ibañez Colomo, “ The Italian competition authority opens proceedings against Reti (...)

The Polish Competition Authority fines a sport news paper 500 000 € for unfair and abusive prices (Marquard Media Polska)
French National Research Agency (ANR)
On June 12, 2006 the President of the Office of Competition and Consumer Protection (hereafter : OCCP President) rendered his final decision concerning the practices of the publisher Marquard Media Polska Sp. z o. o. (hereafter : Marquard Media). This decision terminates the antimonopoly (...)

The Italian Competition Authority accepts commitment from the energy incumbent to remedy concerns about its position in gas markets (ENI)
Paul Hastings (Milano)
The energy company ENI, the former legal monopolist in the natural gas market, has been involved in a number of competition cases before the Italian Competition Authority (ICA) in the recent past. The most recent proceedings were closed in March 2007, without the breach having been assessed, (...)

The UK Office of Fair Trading accepts commitments offered by a free news paper alleviating its exclusive distribution rights in London underground and train stations (Metro - Associated Newspapers Ltd.)
Freshfields Bruckhaus Deringer (London)
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King’s College (London)
On 1st March 2006 the OFT adopted a decision accepting binding commitments offered by Associated Newspapers Limited (ANL). Accordingly, the OFT closed its file in respect of an investigation into an alleged breach by ANL of UK and EC competition rules through the conclusion of contracts (...)

The European Commission renders legally binding commitments offered by the largest rough diamonds producer to phase out diamond purchases from the most important competitor (De Beers)
European Commission - DG COMP (Brussels)
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European Commission - DG COMP (Brussels)
"De Beers: commitments to phase out diamond purchases from the most important competitor"* 1. Overview On 22 February 2006 the Commission adopted a decision pursuant to Article 9 of Regulation 1/2003 (hereafter: ‘Reg. 1/2003’) which rendered binding the commitments offered by De Beers in order (...)

The German Federal Cartel Office finds a supplier guilty of abusing its dominant position under Art. 82 EC by preventing customers from freely refilling from competing suppliers (Soda Club)
Freshfields Bruckhaus Deringer (Berlin)
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Freshfields Bruckhaus Deringer (Berlin)
German Federal Cartel Office finds Soda Club guilty of Article 82 Abuse In a decision of 9 February 2006, the German Federal Cartel Office (“FCO”) found that Soda Club (“SC”), a producer of water carbonating systems, had violated Article 82 EC and section 19 of the Act against Restraints of (...)

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

The French Competition Authority decides to close the proceedings following an agreements between two phone companies regarding the use of commercial designations (France Télécom & Cégetel)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Use of "Numéro vert", "Numéro Azur" and "Numéro Indigo" commercial designations by competitors of France Télécom: Following an agreement between France Télécom and Cégétel, the provisions of which have been extended to (...)

The Slovenian Competition Authority rejects an abuse of dominant position claim by a mobile phone operator against the incumbent after a full-blown economic analysis (Mobitel / Western Wireless)
Fatur Law Firm (Ljubljana)
This case started in 2003, when mobile phone operator Western Wireless International complained to the Slovenian Competition Authority about the abusive pricing practices, cross-subsidizing of different telecommunication services and restrictive contracts condition of its rival Mobitel on the (...)

The Belgian Competition Council accepts commitments in order to improve competition on the soft drink market (Coca-Cola)
Smartflats
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Liège University - IEJE
This case began in 1998 when a wholesaler, Distri-One, complained to the Competition Office of the Federal Public Service Economy (hereinafter the “Competition Office”) about the distribution practices of Coca-Cola Enterprises Belgium (hereinafter CCEB) on the basis of article 3 of the Belgian (...)

The Danish Competition Council clears a new distribution agreement put into place by the leading news services agency (Ritzau)
Smartflats
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Liège University - IEJE
Ritzau Bureau I/S (hereafter “Ritzau” ) is an agency that provides extensive Danish-language news coverage - both national and international - all around the clock. The value of these services to media operators (i. e. newspaper, radio and television) is twofold. First, it provides them with an (...)

The Polish Competition Authority accepts commitments from a water supply operator while stating that the operator has imposed onerous conditions which lead to unjustified profits (Krakow Water Supply and Sewage Municipal Company)
French National Research Agency (ANR)
The commented decision which was rendered on October, 14 2005 by the President of the Office for Competition and Consumer Protection (hereafter, “OCCP President” or “President of the Office”) results from the consumer complaint concerning the behaviour of Krakow Water Supply and Sewage Municipal (...)

The Irish National Competition Authority rejects an alleged abuse of dominance and recommends a revised approach to market access and service provision in the household waste collection service market (Greenstar Recycling)
London School of Economics
On the 30th of August, 2005 the Irish National Competition Authority (hereinafter “NCA”) delivered its findings following an investigation conducted pursuant to consumer allegations of abusive pricing practices in the field of household waste collection services and of a lack of competition in (...)

The Court of Appeals of Los Angeles rules that in the absence of an abuse of monopoly power in a relevant market, the case on sales of new models of cellular telephones involved nothing more than a permissible unilateral refusal to deal (People’s Choice Wireless / Verizon Wireless)
Sheppard Mullin (Los Angeles)
California Court of Appeals affirms dismissal of “unfairness” claim on ground* People’s Choice Wireless, Inc. v. Verizon Wireless, B175179. In a case building upon the definition of “unfair” as defined in the California Unfair Practices Act, plaintiffs, independent dealers of cellular phones (...)

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 (Brussels)
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European Commission - DG COMP (Brussels)
"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 French Competition Authority accepts commitments to address competition concerns in the equine reproduction market (Haras nationaux)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Conseil de la concurrence has accepted the commitments proposed by the "Haras Nationaux" and decided to close the legal proceedings. The “Haras Nationaux” have undertaken to introduce analytical accounting (...)

The French Competition Authority accepts commitments to address competition concerns in the market for postage stamp valuation catalogues (Yvert & Tellier)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Conseil de la concurrence accepts commitments offered by Yvert &Tellier and closes the litigation proceedings brought by Dallay. Operators who wish to create correspondence tables between their own (...)

The French Competition Authority accepts the commitments of the authors rights’ collective management society to address competition concerns in this sector (Société des auteurs et compositeurs dramatiques)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Authors can now separate the rights they entrust to the SACD (Society of Dramatic Authors and Composers). The Conseil de la concurrence accepts the SACD’s commitments and decides to close the case.* In an (...)

A US Court of Appeals finds unlawful maintenance of dominant position on the market for sale of prefabricated artificial teeth (Dentsply International)
Sheppard Mullin (Los Angeles)
Dentsply International, Inc. In Violation Of Section 2 For Monopoly Maintenance Through Use Of Exclusivity Clauses* In a reversal of the dismissal of the Department of Justice Antitrust Division (DOJ) complaint, alleging violations of Section 1 and 2 of the Sherman Act and Section 3 of the (...)

The European Court of First Instance rejects US software company’s request for interim measures (Microsoft)
European Commission - DG COMP (Brussels)
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European Commission - DG COMP (Brussels)
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European Commission - DG COMP (Brussels)
"The Court of First Instance rejects Microsoft’s request for interim measures concerning the Commission’s decision of 24 March 2004"* 1. The decision On March 24 2004, the Commission adopted a decision in Case COMP/C-3/37.792 — Microsoft — by which it concluded that Microsoft had abused its (...)

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 Japan Fair Trade Commission issues its recommendations on Non-Assertion Provision (NAP) provisions in software license agreements (Microsoft)
Japan Fair Trade Commission (Tokyo)
The JFTC renders a Recommendation to Microsoft Corporation* The Japan Fair Trade Commission (hereinafter “JFTC”), upon conducting an investigation into Microsoft Corporation (hereinafter “Microsoft”), found that Microsoft is conducting “Dealing on Restrictive Terms” and issued a recommendation to (...)

The Japan Fair Trade Commission issues its recommendations against a large retailer who could have abusing of its superior bargaining position against suppliers (Sanyo Marunaka)
Japan Fair Trade Commission (Tokyo)
JFTC renders a Recommendation to a department store, Sanyo -Marunaka K.K. against unfair trade practice* The Fair Trade Commission, following an investigation, today rendered a recommendation to Sanyo-Marunaka K.K. as they are in violation of Section 19 of the Antimonopoly Act (Paragraphs 1, 2 (...)

The French Competition Authority sanctions the telecommunication incumbent for having broken injunctions ordered to address an abuse of a dominant position on the market for trade in telephone subscriber lists (France Télécom)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Universal directory : France Télécom sanctioned by the Conseil de la concurrence for breaching an injunction.* Following a referral by the companies Sonera France (now Fonecta) and Scoot France, the Conseil de (...)

The Netherlands Competition Authority imposes an obligation to offer advertising services and support in the area of transport and delivery at competitive prices to companies which wish to enter the regional daily newspaper market in Southeast Gelderland (Wegener Daily Newspapers)
Netherlands Authority for Consumers & Markets (The Hague)
NMa Sets Conditions for Wegener Daily Newspapers in Gelderland* Wegener may not increase the prices of the company’s daily newspapers in Gelderland more than in the rest of the country. The regional editions of De Gelderlander must be maintained and Wegener must support new entrants. The (...)

The Italian Competition Authority finds that the Italian incumbent gas operator has abused its dominant position by impeding entry of new operators in the recently liberalized gas market (ENI)
Desogus Law Office (Cagliari)
Introduction By a decision taken in November 2002 the Italian Competition Authority (ICA) found that the ENI Group, the Italian incumbent gas operator, had abused its domain position in retail and transport gas markets in the 2001-02 thermal year. These abusive conducts were part of a complex (...)

The German Competition Authority prohibits Europe’s largest supplier of spices to implement exclusivity clauses in its supply contracts (Fuchs Gewürze)
German Competition Authority (Bonn)
Bundeskartellamt prohibits Europe’s largest supplier of spices, Fuchs Gewürze, from hindering a competitor* The Bundeskartellamt has prohibited Fuch Gewürze GmbH & Co., Dissen, (Fuchs) from unfairly hindering its competitor, Hartkorn Gewürzmühle GmbH, Koblenz, (Hartkorn). Fuchs is Europe’s (...)

The German Competition Authority discontinues abuse proceedings against members of a company group in the energy sector after receiving commitment to amend the tender system (Vattenfall Europe Transmission)
German Competition Authority (Bonn)
Abuse proceedings against Bewag, HEW and Veag concerning balancing energy discontinued* The Bundeskartellamt has discontinued its abuse proceedings against Bewag AG, Berlin (Bewag), Hamburgische Electricitäts-Werke AG, Hamburg, (HEW) and Veag AG, Berlin, all belonging to the Vattenfall group. (...)

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

The European Commission accepts formal commitments from Israeli-based producer of firewall and virtual private network (VPN) software regarding its distribution practices (Checkpoint)
European Commission - DG COMP (Brussels)
"Commission accepts formal undertaking from Check Point regarding its distribution practices"* In June 2001, the Commission received a complaint from Stonesoft Corporation, a Finnish software company, against Check Point Software Technologies, an Israeli-based producer of firewall and virtual (...)

The Netherlands Competition Authority establishes that a system of tariffs and conditions on the market for gas transmission resulted in abuse of dominance (Gasunie)
Netherlands Authority for Consumers & Markets (The Hague)
NMa Rules on the Abuse of a Dominant Position by Gasunie* The Netherlands Competition Authority (NMa) has established that Gasunie, through its use of parts of the Commodity Diensten Systeem (CDS) [Commodity Services System], has abused its dominant position on the market for gas transmission. (...)

The German Competition Authority discontinues proceedings on suspicion of abuse of dominance in the electricity sector after receiving commitments for a new tender system for the procurement of balancing energy (EnBW Transportnetze)
German Competition Authority (Bonn)
Abuse proceedings against EnBW in the balancing energy sector discontinued* The Bundeskartellamt has discontinued the abuse proceedings instituted at the end of October 2001 against EnBW Transportnetze AG (EnBW) on suspicion of charging their competitors inappropriate fees for balancing (...)

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

The German Competition Authority initiates proceedings against 22 electricity network operators on suspicion of excessive pricing for network use and impeding other electricity providers to enter the market
German Competition Authority (Bonn)
Investigation of 22 network operators on account of excessive fees for network use* The Bundeskartellamt has initiated investigatory proceedings against 22 electricity network operators on suspicion of their charging abusively excessive fees for network use and of impeding other electricity (...)

The European Commission imposes interim measures on the world leader in data collection on pharmaceutical sales and prescriptions considering that its refusal to grant license constitutes an abuse of dominance (IMS Health)
White & Case (Brussels)
This article analyses the three major recent cases dealing with the boundary between EC competition law and intellectual property rights: the Commission’s interim measures decision in the IMS case, the European Court of Justice’s later judgment in IMS and, finally, the Commission’s decision in the (...)

The German Competition Authority stops the proceedings against railways operator in connection with abusive route price structures (Deutsche Bahn)
German Competition Authority (Bonn)
Proceedings against Deutsche Bahn AG in connection with abusive route price structure halted* The Bundeskartellamt is halting proceedings against Deutsche Bahn in connection with abusive route price structures. The President of the Bundeskartellamt, Ulf Böge said, "The Bundeskartellamt welcomes (...)

The Dutch Competition Authority suspects that a cooperative association to which 90% of veterinarians in the Netherlands are affiliated infringed competition law (Coöperatieve Nederlandse Veterinair-Farmaceutische Groothandel / Aesculaap)
Netherlands Authority for Consumers & Markets (The Hague)
NMa Draws up a Report on Veterinary Medicine Wholesalers* After carrying out an investigation, the Dutch Competition Authority (NMa) has reason to believe that Coöperatieve Nederlandse Veterinair-Farmaceutische Groothandel U.A. (in short, AUV) has contravened the Competition Act. Until the end (...)

The European Commission acknowledges commitments offered by Danish pharmaceutical company in a case of abuse of dominant position in the market for insulin (Novo Nordisk)
European Commission - DG COMP (Brussels)
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European Commission - DG COMP (Brussels)
"Novo Nordisk"* Undertakings have been accepted from Novo Nordisk, the Danish pharmaceutical company, which are designed to ensure competition in the markets for components of Novo Nordisk‘s insulin self-injection delivery systems. Novo Nordisk is Europe’s leading insulin producer. In 1985 Novo (...)

Procedures

The Stockholm City Court rules that the prohibition against double jeopardy does not bar subsequent administrative proceedings in a case of abuse of dominance where previous civil proceedings led to an injunction order under penalty of a fine (Swedavia)
Mircea & Partners (Bucharest)
Admissibility of an action for imposing a competition fine brought after the Market Court ordered injunction under penalty of a fine in related civil proceedings. Exploitative abuse of dominance. Ne bis in idem Background Swedavia is a state-owned company in charge with the administration of (...)

The Stockholm City Court rejects petition for dismissing an application for competition damages subsequent to the issue of an injunction order giving rise to a liability to pay penalties in case of non-compliance (Swedavia)
Swedish Competition Authority (Stockholm)
The City Court rules that there are no formal obstacles to charging Swedavia for competition damages* The Swedish Competition Authority may bring an action before the court to sue for competition damages even where the behaviour that forms the basis of the claim has already been forbidden by (...)

Regulations

The German Competition Authority concludes an agreement with the utility supplier concerning the extension of the measures to lower the water prices for three more years until 2018 (BWB)
German Competition Authority (Bonn)
Measures to lower water prices in Berlin extended for three more years until 2018* Berliner Wasserbetriebe (BWB) is to extend measures to lower its water prices as ordered by the Bundeskartellamt for three more years until 2018. This is the result of a settlement between the company and the (...)

The French Competition Authority receives commitments from a coffee machines maker to remove barriers to entry on the coffee capsules market (Nespresso)
French Competition Authority (Paris)
Press release published on the official website of the French Competition Authority. Nespresso is submitting commitments before the Autorité de la concurrence to lift barriers to entry for other coffee capsule makers - compatible with Nespresso coffee machines - as well as barriers to their (...)

A German Higher Regional Court rejects the appeal filed by the supplier of water services confirming the applicability of competition law (BWB)
German Competition Authority (Bonn)
Düsseldorf Higher Regional Court confirms Bundeskartellamt decision on reduction of Berlin water prices* On 27 February 2014 the Düsseldorf Higher Regional Court has rejected the appeal filed by Berliner Wasserbetriebe (BWB) against the Bundeskartellamt’s decision of 4 June 2012. In this decision (...)

The Swedish City Court finds violation of the competition law by chartering buses where the client is a party other than the municipality (Skelleftebuss)
Swedish Competition Authority (Stockholm)
Prohibition against Skelleftebuss’ bus charters* The Stockholm City Court has sided with the Swedish Competition Authority and found Skelleftebuss AB guilty of violating the Competition Act by chartering buses where the client is a party other than the municipality. "We are very pleased that (...)

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