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Tying

Anticompetitive practices

The UK High Court throws out private claim for damages based on abuse of dominance in the online mapping sector (Streetmap / Google)
Constantine Cannon (London)
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Constantine Cannon (London)
Google wins court battle against StreetMap in the UK*Google won a big victory Friday in the High Court of England and Wales, which ruled that Google did not abuse its dominant position to the detriment of the now-defunct UK online mapping provider, Streetmap.The Court’s ruling against (...)

The Dutch Competition Authority dismisses alleged predatory pricing, tying and bundling, discriminatory pricing and foreclosure through exclusive and/or multi-year contracts in the postal market (Sandd/TNT)
ASML
I. Introduction On 15 December 2009 the Dutch Competition Authority (NMa) dismissed a complaint from Dutch postal delivery service Sandd against competitor TNT and certain subsidiaries. Sandd claimed that TNT had violated article 102 TFEU and the equivalent national provision. It argued that (...)

The Italian Competition Authority opens a market investigation on Big Data
Shearman & Sterling (Rome)
Introduction The Italian Competition Authority, together with the national regulators for communications and data protection, opened a joint market investigation on Big Data. The investigation appears to be wide-ranging, covering not only competition issues, but data protection, consumer (...)

The French Competition Authority issues an opinion following its sector inquiry on hearing aids
French Competition Authority (Paris)
Sector-wide Inquiry on Hearing Aids- the Autorité’s Findings* The Autorité recommends separating the initial purchase of the hearing aid (including immediate fitting and setting during the first year) from the purchase of subsequent follow-up services. It also proposes removing the numerus (...)

The French Competition Authority and German Federal Cartel Office publish a joint report on big data and its implications for competition law
Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
,
Skadden, Arps, Slate, Meagher & Flom (Brussels)
On May 10, 2016, the French Competition Authority and German Federal Cartel Office published “Competition Law and Data,” a joint report on big data and its implications for competition law. The paper identifies issues that antitrust authorities should consider when assessing the interplay among (...)

The US Supreme Court hears arguments before deciding on whether post-expiration license royalty obligations are caught in the web of patent policies or antitrust analysis (Kimble / Marvel)
Constantine Cannon (Washington)
Supreme Court Seeks To Untangle Patent And Antitrust Principles Caught In Spider-Man’s Web* The Supreme Court heard oral argument today on whether litigation over a toy based on Spider-Man’s web should be used to vanquish a 50-year-old precedent precluding patent owners from collecting patent (...)

A US District Court denies motion to dismiss the complaint finding insufficient arguments to warrant a dismissal of the claims on per se tying and block-booking on the market for cable television (Cablevision / Viacom International)
Womble Carlyle Sandridge & Rice (Charlotte)
Suit Challenging Cable Bundling Survives Motion to Dismiss* Cable subscribers, tired of being forced to purchase more obscure channels like VH1 Classic and Teen Nick in order to get their nightly Daily Show fix on Comedy Central, should be encouraged by a recent antitrust decision out of the (...)

The Netherlands ACM calls for clearer and simpler contracts between breweries and business owners in the accommodation and food services industry
Netherlands Authority for Consumers & Markets (The Hague)
ACM in favor of clearer contracts with breweries* The Netherlands Authority for Consumers and Markets (ACM) calls for clearer and simpler contracts between breweries and business owners in the accommodation and food services industry. Clearer and simpler contracts help strengthen the position (...)

The Romanian Competition Council addresses new developments on the joint selling of commercial rights for football broadcasting (Romanian Football Federation)
Kinstellar (Bucarest)
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OMV Petrom
Original case In 2011, an investigation launched on the national market of media rights over football competitions brought the first case in which the investigated parties proposed commitments based on the new guidelines on commitments adopted by the Romanian Competition Council (“RCC”) in the (...)

The Competition Authority of Bosnia & Herzegovina addresses anti-competitive regulations in the regional market for medicines reimbursed under national health insurance system (Cantonal Government of Zenica-Doboj and the Cantonal Health Insurance Office of Zenica-Doboj)
University of Technology (Tallinn)
On 28 February 2012 the Competition Authority of Bosnia & Herzegovina (KV) established that the Cantonal Government of Zenica-Doboj (Ze-Do Government) and the Cantonal Health Insurance Office of Zenica-Doboj (Ze-Do Office) by adopting a series of sector-specific regulations have restricted (...)

The Danish Maritime and Commercial Court delivers a judgment restrictive conditions imposed by a TV provider to its distributors (Viasat)
Kromann Reumert (Copenhagen)
On 6 January 2012, The Danish Maritime and Commercial Court delivered its judgment in the long running Viasat case. This note gives a brief overview of the process and facts of the case, and then comments on the perspectives on the case. Background The case concerns Viasat Broadcasting UK (...)

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

The China’s Banking Regulatory Commission (CBRC) issues pilot administrative measures for commercial banks to make equity investment in insurance companies
AnJie Law (Beijing)
A Look At the New Rule On Financial Integrated Operation: From the Perspective of Competition Law* On November 26, 2009, China’s Banking Regulatory Commission (CBRC) issued the Pilot Administrative Measures for Commercial Banks to Make Equity Investment in Insurance Companies (the “Measures”). (...)

A US Court of Appeals finds that the tying arrangement consisting in sales of real estate property didn’t affect a substantial amount of commerce in the market for the real estate services identified as the tied product (Blough / Holland Realty)
Sheppard Mullin (Los Angeles)
Ninth Circuit Finds That New Home Buyer Plaintiffs Fail To Satisfy Per Se Tying Element That Amount Of Commerce Not Be “Insubstantial”"Zero Foreclosure” Is Less Than “De Minimus.”* Buyers of newly constructed homes in the Boise, Idaho, area filed a federal antitrust class action, alleging that (...)

The Italian Antitrust Authority launches an investigation on alleged restrictive practices in the cosmetic sector (Cosmetics and toiletries companies)
Freshfields Bruckhaus Deringer
On 12 June 2008 the Autoritá Garante della Concorrenza e del Mercato (Italian Antitrust Authority, IAA) started an investigation for alleged restrictive practices against the Italian subsidiaries of a number of multinational companies active in the cosmetic sector and, namely: Henkel, Unilever, (...)

The Chinese National People’s Congress adopts its first antimonopoly law
Pillsbury Winthrop Shaw Pittman (Beijing)
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Paul Hastings (Beijing)
On August 30, the Standing Committee of the National People’s Congress adopted the Antimonopoly Law of the People’s Republic of China (the “AML”) after 13 years of drafting and deliberation and much anticipation by companies active in the Chinese market or competing against Chinese producers. (...)

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

The US Supreme Court reaffirms market power requirement to determine a tying arrangement as per se unlawful (Independent Ink)
BakerHostetler (Washington)
Are tying arrangements illegal per se?* In the deep, dark antitrust dungeon reserved for per se offenses, only one species of conduct remains that does not involve a horizontal conspiracy: tying arrangements. Minimum resale pricing agreements tunneled their way out thanks to the Supreme (...)

The US Court of Appeals for the Federal Circuit reverses the ruling of the lower court maintaning that a rebuttable presumption arises from the possession of patent rights to tying engineered fastening systems (Independent Ink / Illinois Tool Works)
Sheppard Mullin (Los Angeles)
Of Bats And Sunshine: Presumption Of Market Power In Patent Tying Case Alive But Rebuttable* In January, the Court of Appeals for the Federal Circuit issued an opinion in Independent Ink Inc. v. Illinois Tool Works, Inc.. Addressing the issue whether, in a Section 1 tying case, a rebuttable (...)

The French Competition Authority hands down interim measures in the ADSL television sector (France Télécom / TPS)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Conseil de la concurrence hands down interim measures in the ADSL television sector.* In its decision 04-MC-01 of 15th April 2004, the Conseil de la concurrence handed down interim measures against the (...)

The European Commission holds that investigation into German insurance industry did not reveal sufficient threat of foreclosure through tied agents (BIPAR)
University of Oxford
"Complaint against German insurers withdrawn after Commission preliminary investigations did not reveal sufficient threat of foreclosure through tied agents"* Introduction On 6 October 2003, the European Federation of Insurance Intermediaries, BIPAR, withdrew its complaint against German (...)

The Hungarian Competition Authority fines cement producers for concerting market practices through a cement association and for the abuse of dominant position (Holcim Hungária Rt.)
lakatos, koves and partners
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lakatos, koves and partners
The Hungarian Competition Office (HCO) launched proceedings against three cement producers : Holcim Hungária Rt. (Holcim), Duna-Dráva Cement Kft. (DDC) and BÉCEM Cement és Mészipari Rt. (BÉCEM) as well as their association : the Hungarian Cement Association (HCA) because of a suspected illegal (...)

The Maltese Commission for Fair Trading rejected an individual exemption request concerning exclusivity agreements in the soft drinks distribution sector (General soft drinks II)
King’s College (London)
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Superior Courts of Malta
The merits examined here are identical to those relative to Request Number 1 of 1997. To avoid useless repetition reference is made to the decision following that request.

The Maltese Commission for Fair Trading rejected an individual exemption request concerning exclusivity agreements in the soft drinks distribution sector (General soft drinks I)
King’s College (London)
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Superior Courts of Malta
This decision concerns a request for the granting of an individual exemption (based on the Malta Competition Act) concerning various exclusivity agreements that the local manufacturer of Coca-Cola had entered into with a considerable number of outlets. It is also to be noted that this request (...)

Dominance

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 US Court of Appeals for the Third Circuit rules on bundling in pharmaceuticals sector (Eisai / Sanofi Aventi)
Constantine Cannon (New York)
Third Circuit Shows No Love For Lovenox® Bundling Theory*Citing the well-known maxim that the antitrust laws are concerned with “the protection of competition, not competitors,” the U.S. Court of Appeals for the Third Circuit on Wednesday affirmed summary judgment for Defendant Sanofi Aventis on (...)

The EU Commission sends a statement of objections to a technology company suspected of imposing restrictions on device manufacturers and mobile network operators (Google Android)
Constantine Cannon (London)
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Constantine Cannon (London)
EU Commission Hits Google With Abuse Of Dominance Charges Over Android*Just as expected, following a one-year investigation and a number of information requests, the European Commission formally announced today that it is accusing Google’s parent company, Alphabet, of abusing its dominant (...)

The Croatian Competition Agency adopts interim measures aiming at ending abusive behaviour implemented by an undertaking in the burial service market (Flora VTC)
Croatian Competition Agency
Proceeding and interim measure for undertaker Flora VTC* Within the proceeding against the undertaker Flora VTC from Virovitica the CCA will establish whether the undertaking in question has been engaged in abusive behaviour on the basis of the applicable Prices for Funeral Services in the (...)

The Moscow Arbitration Court confirms the Competition Authority’s decision and prescription in relation to operating systems for smartphones (Yandex / Google)
Russian Federal Antimonopoly Service
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FAS Russia
In March 2016, the Moscow Arbitration Court expressed its support of the position of the Federal Antimonopoly Service (FAS Russia) on the case of abuse of dominance by the Google group of companies involving its actions on the Android operation system. The decision of FAS Russia was taken as (...)

The Turkish Competition Authority rejects the complaint that agreements between a major IT company and a number of OEMs on the exclusive pre-installation of mobile apps on a mobile operating system infringed competition rules (Yandex / Google)
University of Sussex
This case note analyses the decision of the Turkish Competition Authority (TCA) in which it has rejected the complaint of a rival IT company, Yandex, that agreements of a major IT company, Google, with a number of original equipment manufacturers (OEMs) on the exclusive pre-installation of its (...)

The Ningxia Administration for Industry and Commerce suspends an abuse of dominance investigation after receiving commitments from the companies (China Tietong, China Unicom, China Telecom)
University of Melbourne
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China Competition Bulletin (Beijing)
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Hogan Lovells (Beijing)
Tied sales of landline telephone services investigated in Ningxia* The SAIC reported that, on 15 May 2015, the Administration for Industry and Commerce in the Ningxia Hui Autonomous Region (Ningxia AIC) suspended its antitrust investigation of the Ningxia branches of China Tietong, China (...)

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 (...)

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

The US Court of Appeals for the sixth circuit applies cost screen to tying by differential pricing (Collins Inkjet / Eastman Kodak)
Orrick, Herrington & Sutcliffe (San Francisco)
Sixth Circuit Applies Cost Screen to Tying by Differential Pricing* In Collins Inkjet Corp. v. Eastman Kodak Co., No. 14-3306 (6th Cir. March 16, 2015), the U.S. Court of Appeals for the Sixth Circuit held that differential pricing – charging more for one product when the customer does not also (...)

A US District Judge dismisses an antitrust claim for lack of proof of both the conduct and the injury (Google)
DLA Piper Weiss-Tessbach (Vienna)
Two recent victories for Google in the United States* On 20 February 2015 a federal judge in California dismissed an antitrust lawsuit against Google alleging that it violated antitrust laws by requiring makers of Android tablets and smartphones to designate Google as the default search engine (...)

A US District Court reminds the need for an harmonious and supportable market definition to win an antitrust case (Live nation)
Constantine Cannon (Washington)
Federal Court Rings Down The Curtain On Baltimore-D.C. Rock Promoters’ Antitrust Case Against Live Nation* A long-running antitrust battle of the bands between a Baltimore-D.C. area regional concert promoter and venue operator and the concert colossus Live Nation got the hook in the U.S. (...)

The Chinese NDRC imposes its highest fine in an abuse of dominance case (Qualcomm)
King & Wood Mallesons (Beijing)
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King & Wood Mallesons (Beijing)
Qualcomm Investigation Finally Closed: Some Changes in Business Model in Addition to an RMB 6.088 Billion Fine* On 10 February 2015, the NDRC announced its decision in relation to the abuse of dominance investigation into Qualcomm. Following the announcement, the NDRC held a press conference (...)

The Chinese NDRC imposes its highest fine in Chinese antitrust history in an abuse of dominance case (Qualcomm)
Constantine Cannon (London)
China’s Record $1 Billion Fine Against Qualcomm Could Signal A Tough New Antitrust Cop On The Block* China’s imposition of a nearly $1 billion fine on Qualcomm, the world’s largest supplier of smartphone chips, is noteworthy not just because it is a record-breaking antitrust fine for China, but (...)

The EU Parliament passes a resolution calling on the Commission to unbundle search engines from other commercial services (Google)
Ashurst (Milan)
EU Parliament passes resolution calling on the Commission to unbundle [Google’s] search engines from other commercial services* On 27 November 2014 the European Parliament has passed a non-binding resolution, which called on the Commission to “properly enforce the EU competition rules in order (...)

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

A US District Court reluctantly allows tying claims to go forward (Oracle)
Patterson Belknap Webb & Tyler
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Patterson Belknap Webb & Tyler
District Court Reluctantly Allows Tying Claims Against Oracle to Go Forward* Last Friday, Magistrate Judge Paul S. Grewal of the Northern District of California denied a motion by Oracle to dismiss three counterclaims based on a tying theory in Oracle America, Inc. v. Terix Computer Co. In (...)

The Chinese Supreme Court sets up the standard for antitrust private litigation with detailed analysis method in regard to market definition and dominance establishment (Qihoo / Tencent)
AnJie Law (Beijing)
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AnJie Law (Beijing)
When the Antitrust Encounter the Internet: The Legal Battle between Qihoo 360 and Tencent Finally Comes to the End* The outgoing year has witnessed the significantly increasing role of „Antitrust‟ and „Internet‟ played in China‟s economy. With the Supreme People‟s Court („SPC‟) ratified the original (...)

The Chinese Supreme Court elaborates detailed fundamental principles of anti-monopoly law, in particular in the context of abuse of dominance on the internet market, in its first anti-monopoly case (Qihoo / Tencent)
King & Wood Mallesons (Beijing)
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King & Wood Mallesons (Beijing)
The Supreme Court Goes Online with Anti-Monopoly Law Principles:A Review of Qihoo v.s. Tencent Abuse of Market Dominance Case* Introduction On 15 November 2011, Qihoo issued proceedings against Tencent in the Guangdong Higher Court, asserting that Tencent had abused its dominant position, (...)

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* (...)

A US District Court allows a bundling claim to proceed under Sherman Act Section 1, even after dismissing other claims for lack of market or monopoly power (Schuylkill Health Systems / Cardinal Health)
University of Michigan
Can Bundled Discounts Be Illegal If Offered by a Firm Without Market Power?* Bundled discounts are common marketing schemes that normally benefit consumers and competition; however, courts and commentators have found certain circumstances when they might be illegal monopolization. The line (...)

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

The 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 Moldovan Competition Authority finds no dumping practices in the bundled packages on the telecommunications market (IM Sun Communications)
University of Technology (Tallinn)
On 5 December 2013 the Moldovan Competition Authority (CC) has confirmed the absence of dumping prices on the market for various telecommunications services (IPTV, fixed telephony and Internet). The no-infringement decision issued by the CC was based on the absence of anti-competitive effects (...)

The Guangdong High Court upholds Shenzhen Intermediate Court decision in abuse of dominance case involving IP rights (Huawei / Interdigital)
First Principles Economics (FPE)
Guangdong High Court largely upholds Shenzhen Intermediate Court decision, requires Interdigital to pay full amount of damages requested by Huawei, and stipulates 0.019% maximum patent licencing fee. On Monday 28th October 2013 the Guangdong High Court reached its decision in the ongoing (...)

A US District Court dismisses tying claim related to the market for distribution of hotel content since the tying product and the tied product were not separate (Pro Search Plus / VFML Leonardo)
Sheppard Mullin (Los Angeles)
De Facto Exclusive Dealing: What a Difference a Day Makes* In Competition Law360, September 4, 2013, we reported on the dismissal of a complaint which alleged, inter alia, exclusive-dealing claims in a market described as the management and distribution of “photographs in rich media content for (...)

The Chinese SAIC holds a meeting with certain industry participants to obtain feedback on the latest draft Regulation on the Prohibition of Conduct Eliminating or Restricting Competition through Abuses of IPR
Hogan Lovells (Beijing)
High tech under scrutiny in China* On April 26, 2013, the State Administration for Industry and Commerce (“SAIC“) - one of China’s three antitrust law enforcement bodies - noted on its website that it had held a meeting with certain industry participants to obtain feedback on the latest draft (...)

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

The EU Commission receives a complaint alleging abuse of dominant position on the market for smartphone operating system (FairSearch/Google)
Garrigues (Brussels)
Some thoughts on the new anti-Google (Android) complaint* Some background to the complaint Back in April the FairSearch coalition in this case only two of its members Microsoft and Nokia lodged a complaint with DG Comp alleging: (a) that by giving Android to device-makers for “free” Google (...)

The Guangdong High Court rules against plaintiff in high-profile on-line abuse of dominance case (Qihoo / Tencent)
First Principles Economics (FPE)
On the 28th March 2013 the Guangdong High Court published their eagerly awaited decision regarding the abuse of dominance antitrust dispute between Qihoo 360 (Qihoo, the Plaintiff) and Tecent QQ (Tencent, the Defendant). The decision was over fifty thousand Chinese characters in length. This (...)

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 French Competition Authority sanctions a professional body and an association for exclusionary practices implemented in the sector of electronic transfer of tax and accounting data (French Association of Chartered Accountants)
Baker Botts (Brussels)
Following a complaint submitted in December 2010, the French Competition Authority (hereinafter the ’FCA’) adopted on 28 February 2013 a decision (hereinafter the ’Decision’) whereby it fined two bodies a total of €1,247,220 for an abuse of a dominant position in the sector of online transmission of (...)

The US Court of Appeals for the 9th Circuit affirms judgment that incompatibility of products did not constitute monopolization on the market for pulse oximetry monitors (Tyco Health)
Stanford University - Stanford Law School
U.S. 9th Circuit affirms judgment that incompatibility of products did not constitute monopolization* On 6 January 2010 the U.S. Court of Appeals for the 9th Circuit affirmed a U.S. District Court (Central District of California) grant of summary judgment on a monopoly maintenance claim (...)

The Chinese Xi’an Intermediate People’s Court rules in favour of a consumer in a case of abuse of dominance on the market for local cable service (Shanxi Broadcast)
King & Wood Mallesons (Beijing)
Chinese Consumer Wins Abuse of Dominance Civil Action against Tie-in Sales in Program Bundling* On January 5th, 2013, the Xi’an Intermediate People’s Court (the “Court”) ruled in favor of a consumer who sued Shanxi Broadcast & TV Network Intermediary (Group) Co., Ltd. (“Network”), the local (...)

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 Mauritius Competition Authority follows UK Competition Commission’s lead in examining banks’ practices in payment protection insurance and credit life insurance (Bank One, Barclays Bank)
Norton Rose Fulbright (London)
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Falcon & Hume
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Norton Rose Fullbright (Sidney)
Given burgeoning competition law regimes in Africa, international and local African lenders, as well as retailers extending credit, will have to reconsider their approach to offering credit life insurance with their loans in many African jurisdictions. This is evident from recent judgments by (...)

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 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 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 Macedonian High Administrative Court upholds the NCA’s infringement decision finding an abuse of dominant position on the funeral services market (JPKD Komunalec Strumica)
University of Technology (Tallinn)
On 9 May 2012 the Macedonian High Administrative Court (VUS) upheld, as a second instance court, the infringement decision of the Macedonian Competition Authority (KZK) against the municipal undertaking JPKD Komunalec Strumica (Komunalec) for the abuse of dominant position on the funeral (...)

The Macedonian High Administrative Court upholds the NCA’s infringement decision concerning an abuse of dominant position on the funeral services market (JPKD Komunalec Strumica)
University of Technology (Tallinn)
On 9 May 2012 the Macedonian High Administrative Court (VUS) upheld, as a second instance court, the infringement decision of the Macedonian Competition Authority (KZK) against the municipal undertaking JPKD Komunalec Strumica (Komunalec) for the abuse of dominant position on the funeral (...)

The portugese competition authorithy sanctions abusive behaviour by dominant company before national health service hospitals (Roche Farmacêutica Química)
Morais Leitão, Galvão Teles, Soares da Silva & Associados (Porto)
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Morais Leitão, Galvão Teles, Soares da Silva & Associados (Porto)
I. Background The Portuguese Competition Authority (PCA) decision of 12 April 2012, in case PRC 2008/10, was triggered by an antitrust complaint lodged on June 2008 against Roche Farmacêutica Química, Lda (Roche) by a competitor also active in supply of medicinal products to Portuguese National (...)

A Chinese Intermediate Court dismisses antitrust claims for failing to prove abusive conduct in the car aftermarket (Dongfeng Nissan case)
Institute of American Studies
The Dongfeng Nissan Case and the Gaps of China’s Competition Law Regime in Tackling Vertical Restraints* The recent Dongfeng Nissan Case shed some interesting lights on the status of vertical restraints rules in China, three years after China’s Anti-Monopoly Law (AML) became effective in August (...)

The Swedish Market Court finds taxi traffic control companies’ additional fee for enhanced pre-ordering services abusive (Uppsala Taxi, Europark, Swedavia)
General Court of the European Union (Luxembourg)
On 23 November 2011, the Swedish Market Court handed down its judgment in Uppsala Taxi 100 000 AB (“Uppsala Taxi”) v. Europark Svenska Aktiebolag (“Europark”) and Swedavia AB (“Swedavia”). Uppsala Taxi brought proceedings against Europark and Swedavia (the “Defendants”) for an alleged abuse of a (...)

The Turkish Competition Board rules that the tying arrangements on cartridges implemented by leading printers manufacturer does not constitute an abuse of dominant position (Xerox)
Erdem & Erdem (Istanbul)
The Competition Board (the “Board”) decided that integrated circuit implementation in cartridges branded Xerox does not create an abuse of dominant position as stated in Article 6 of the Act No. 4054 on the Protection of Competition (the “Competition Act”) since this system does not prevent (...)

The European Commission makes legally binding commitments by a national numbering agency to abolish fees for use of US international securities identification numbers (Standard & Poor’s)
University of South Australia
The Rick Perry Syndrome* “Oops“, the Commission did it again… On November 15, 2011, in the S&P case, the Commission again closed abuse of dominance proceedings with an Article 9 decision. As already explained, Article 9 decisions have become the conventional procedure in Article 102 TFEU (...)

The Serbian Administrative Court upholds the infringement decision of the Competition Authority against a public company for abuse of dominance on the funeral services market (Gradska groblja Kragujevac)
University of Technology (Tallinn)
On 22 September 2011 the Administrative Court upheld the infringement decision of the Serbian Competition Authority (KZK) finding an abuse of dominant position in the form of tying by the public company JKP Gradska groblja Kragujevac (GGK). The Court ruled that the KZK has correctly found that (...)

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)
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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 (...)

A US District Court dismisses the antitrust counterclaims alleging monopolization on the market for maintainance of printers, while allowing the tortious interference claims to continue (Océ North America / MCS)
Sheppard Mullin (Los Angeles)
Aftermarket Monopolization Claims Dismissed as Afterthought* Plaintiff Océ North America, Inc. ("Océ") brought an action against a service market supplier for copyright infringement. Defendant MCS Services, Inc. ("MCS") filed a Kodak-style "aftermarket" monopolization counterclaim, in addition (...)

The Croatian Competition Authority finds no abuse of dominance in bundled insurance packages (Croatia osiguranje)
University of Technology (Tallinn)
On 21 April 2011 the Croatian Competition Authority (AZTN) closed its investigation into the alleged abuse of dominant position by the leading insurance company Croatia osiguranje d.d. (Crosig). The AZTN found no abuse of dominance in the bundled insurance packages offered by Crosig stating (...)

The Spanish Competition Commission fines a company and its subsidiary for abuse of dominant position in the market of resale of audiovisual retransmission of Spanish football clubs (Mediapro, Gol Tv)
Callol, Coca & Asociados (Madrid)
Mediapro holds the broadcasting rights for the Spanish first division league (Liga) and King’s Cup (Copa de S.M. el Rey) for 2009/2010 and subsequent seasons. Therefore Mediapro has a dominant position in the market for the resale of broadcasting rights. Furthermore, Mediapro is (...)

The Spanish Competition Authority fines a broadcasting company and its subsidiary for abusing their dominant position in the market for audiovisual retransmission rights of football matches (Mediapro and Gol TV)
Kim & Chang
The Spanish competition authority (CNC) has fined jointly MEDIAPRODUCCIÓN S.L. (MEDIAPRO) and its subsidiary GOL TV 500,000 Euros for abusing its dominant position in the market for audiovisual retransmission rights of football matches. The facts that have led to the decision of the CNC can be (...)

The Serbian Competition Authority prosecutes public company for abuse of dominance on the funeral services market (GGK)
University of Technology (Tallinn)
On 27 January 2011 the Serbian Competition Authority (KZK) has sanctioned the public undertaking JKP Gradska groblja Kragujevac (GGK) for abusing its dominant position on the market for administration of cemeteries in the city of Kragujevac by way of leveraging its market power into the (...)

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 Romanian Competition Authority finds no abuse of dominance in a situation of monopsony on the steel products market (Cost, Steron)
University of Technology (Tallinn)
On 22 December 2010 the Romanian Competition Authority (CC) completed its investigation into the possible abuse of dominance on the market for the cold drawn alloy steel bars manufactured by SC COST SA (COST). The CC’s investigation was prompted by a complained lodged by SC PCC STEROM SA (...)

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 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 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 US Court of Appeals for the Federal Circuit limits patent misuse doctrine and distinguishes it from antitrust violation (Princo)
Jones Day (Washington)
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Kirkland & Ellis (Chicago)
,
Jones Day (Cleveland)
The U.S. Court of Appeals for the Federal Circuit issued an en banc decision with significant implications for the doctrine of patent misuse. The decision issued last week overturns part of a Federal Circuit panel decision last year holding that Philips may have committed patent misuse by (...)

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

The Belgium Competition Council dismisses a complaint against the incumbent telecoms operator regarding the access to its broadband network (Mobistar / Belgacom)
Philippe & Partners (Brussels)
,
Arendt & Medernach (Luxembourg)
I. The parties Belgacom S.A. is the incumbent operator on the Belgian telecom market. It controls the landline, physical telecommunication network infrastructures and provides internet and telephony services. Mobistar S.A. is a member of the Orange Group, subsidiary of France Telecom. It (...)

The French Competition Authority issues an ex-officio opinion on crossed usage of client databases in the telecommunications sector
European Commission (Brussels)
France: Autorité de la concurrence issues Ex-officio Opinion on Crossed Usage of Client Databases in the Telecommunication Sector On 14 June 2010, the Autorité de la concurrence delivered an opinion on the question of crossed usage of client databases (known as “cross selling” practices), and more (...)

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

The Macedonian Competition Authority finds an abuse of dominant position on the funeral services market (Komunalec)
University of Technology (Tallinn)
On 18 December 2009 the Macedonian Competition Authority (KZK) found an abuse of dominant position on the market for funeral services rendered on the territory of the municipality of Prilep. The municipal government entrusted the administration of cemeteries and provision of basic funeral (...)

The European Commission renders legally binding commitment offered by US software undertaking concerning web browsers (Microsoft)
European Commission - DG COMP (Brussels)
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European Commission - DG COMP (Brussels)
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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 Dutch Competition Authority finds no abuse of dominance in the postal sector (TNT)
De Nederlandsche Bank (DNB)
,
Smeets Van Empel advocaten (Amsterdam)
I. Introduction On 15 December 2009 the Dutch Competition Authority (“NMa”) adopted a decision by which it found no signs of abuse of a dominant position by TNT N.V. (“TNT”),an undertaking in the Dutch postal sector. Following a complaint from another undertaking in the postal sector, Sandd (...)

The European Commission sends SOs following a complaint lodged by several associations representing investors against financial service company (Standard & Poor’s)
Ashurst (Milan)
Commission sends statement of Objections to Standard & Poor’s* On 16 November 2009 the Commission sent a Statement of Objections (“SO”) to Standard & Poor’s (“S&P”), a division of McGraw-Hill Companies, Inc. The SO follows a complaint lodged by several associations representing (...)

The Lithuanian Competition Council for the third time finds the State controlled airport guilty of abuse of a dominant position in operating airport facilities (Vilnius Airport / Baltic ground services)
Sorainen (Vilnius)
On 5 November 2009 the Lithuanian Competition Council (LCC) delivered its third infringement decision, in a two-year period, against the Vilnius international airport operator, State Enterprise Tarptautinis Vilniaus oro uostas for (TVOU), for the anti-competitive practice of tying the service (...)

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

The Cypriot Commission for the Protection of Competition holds two pharmaceutical companies as having abused their dominant position in the vaccines market throught quantitative reductions and free distribution of vaccines (Akis Panayiotou - Wyeth Hellas - Phadisco)
Antoniou Advocates
The Cyprus Commission for the Protection of Competition (“CPC”) found the Wyeth Hellas A.E.B.E. Pharmaceutical Products (Cyprus branch) (“Wyeth”) and Phadisco Ltd (“Phadisco”) to have abused its dominant position in the market of pneumonococcus vaccines, in violation of article 6(1)(d) of the (...)

The Paris Court of appeal reverses a decision of the Commercial Court which ordered the telephone incumbent to suspend the conditioned sale of its football dedicated channel to the subscription to its triple play offer (Orange Foot-France Télécom)
Freshfields Bruckhaus Deringer (Paris)
,
Lni avocats (Paris)
On 14 May 2009, the Paris Court of appeal reversed a decision of the Paris Commercial Court dated 23 February which ordered France Telecom to suspend the conditioned sale of its football dedicated channel “Orange Foot” to the subscription to its triple play offer. The Paris Court of Appeal held (...)

The French Competition Authority dismisses application for interim measures against a leading mobile telephony operator in bundling case (Orange)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
On 2 April 2009, the French Competition Authority dismissed SFR‘s application for interim measures against Orange concerning the latter’s bundled offer of its broadband and «Unik« mobile telephony services. Orange‘s «Unik« package is characterised by the convergence between fixed and mobile telephony: (...)

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

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

The Bulgarian Supreme Administrative Court affirms the decision of the Bulgarian Competition Authority prosecuting incumbent telecom operator for tying its ADSL and fixed voice services (Bulgarian Telecom)
University of Technology (Tallinn)
On 19 February 2009 the Supreme Administrative Court of Bulgaria upheld the decision of the Bulgarian Competition Authority (CPC) that prosecuted the incumbent telecom operator - Bulgarian Telecom (BTC) for abuse of dominant position committed by tying its ADSL Internet and fixed voice (...)

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

The European Commission confirms sending new statement of objections against a leading software company (Microsoft)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
The Commission has issued a press release confirming that it has sent a new Statement of Objections to Microsoft on 15th January 2009 which takes the preliminary view that Microsoft has tied its web browser Internet Explorer to Windows in violation of Article 82 EC. According to the (...)

The Portuguese competition authority suspends promotional TV campaign of multimedia operator on the basis of alleged abuse of dominant position (ZON Multimédia)
Sérvulo & Associados
Last January 6th, 2009, the Portuguese Competition Authority (Autoridade da Concorrência - “AdC”) announced that it has ordered the telecoms operator ZON Multimédia to suspend a promotional campaign involving the attribution to its cable TV clients (of ZON/TV Cabo) of a fidelity card conferring the (...)

The Moscow Federal Arbitration Court upholds the decision of the Russian Competition Authority prosecuting the railways incumbent for abuse of dominance on the market for the refrigerated rail transport services (Russian Railways and Refservice)
University of Technology (Tallinn)
On 14 September 2007 Russian Competition Authority (Федеральная Антимонопольная Служба) (FAS) found an abuse of dominance on the market for refrigerated rail transport services committed jointly by the Russian Railways (ОАО Российские Железные Дороги) (RZD) and its daughter undertaking Refservice (ОАО Рефсервис) . Refservice (...)

The Cyprus Competition Commission holds that the incumbent airways operator does not abuse of its dominant position while providing visa services with airplane tickets (Yiannas Euripidou / Cyprus Airways)
Neocleous
Yianna Euripidou filed a complaint to the Cyprus Competition Commission as a consumer. She had visited Dubai by buying a ticket and VISA through the Cyprus Airways airline. The Visa was charged at the amount of $82. Mrs. Euripidou claimed that Cyprus Airways is taking advantage of their (...)

The Competition Commissioner Kroes discusses future role of guidelines in article 82 cases
Van Bael & Bellis (Brussels)
,
Practising Law Institute
In a speech on 25 September 2008, Commissioner Kroes provided an update on the status of the Article 82 Guidelines with respect to exclusionary abuses. In this regard, Commissioner Kroes noted that a new draft document was created and circulated to the Member States, and earlier in September (...)

A Polish Court of Appeal quashes the first instance ruling reversing the NRA’s decision having imposed a € 21.5 million fine on the telecommunications incumbent for tying of Internet services contrary to cost-oriented prices principle (Telekomunikacja Polska)
European University Institute (Florence)
On 10 April 2008 the Court of Appeal quashed the verdict of the lower court, the SOKiK (the Polish Court for Competition and Consumer Protection), which in 2007 reversed the decision of the President of the UKE (the Office for Electronic Communications), imposing a 100 million PLN fine (...)

The Slovenian Competition Authority finds incumbent telecommunications operator was abusing its dominant position in the inter-operators market for provision of ADSL broadband access in Slovenia (Slovenije Telekom / ISDN, ADSL)
Fatur Law Firm (Ljubljana)
This case started in October 2004, when the Slovenian Competition Authority (“SCA”) under its official authority started the proceedings on the basis of article 10 of the Slovenian Prevention of the Restriction of Competition Act (“SPRCA”) concerning abuse of dominance. The proceedings were (...)

The German Federal Court of Justice confirms decision on infringement of Article 82 EC by a manufacturer of home soda makers (Soda Club II)
Blomstein
Background In February 2006, the German Federal Cartel Office (FCO) found that Soda Club, a manufacturer of home soda makers, had abused its dominant position by requiring customers and dealers to have the carbon dioxide cartridges used in the soda makers refilled solely by Soda Club. The (...)

The European Commission sends a statement of objections to a leading aluminium company (Reel, Alcan)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
The European Commission announced that it sent a Statement of Objections to Alcan on 21st February 2008. The SO alleges that Alcan may have infringed Article 82 EC by tying its dominant aluminium smelting technology with handling equipment sold by Alcan’s subsidiary ECL. In particular, the SO (...)

The President of the Luxembourg Competition Council adopts the first conservatory measures against the telecommunications incumbent regarding alleged abusive bundling of fixed-line telephone, mobile telephone and high-speed Internet access (Entreprise des Postes et Télécommunications)
MOYSE BLESER law firm
On 22 January 2008, the President of the Competition Council (Council) handed down an 83-pages decision, for the first time after the law of 17 May 2004 on competition (Law on competition) came into force, imposing a limited number of conservatory measures on the public entity Entreprise des (...)

The Slovak Competition Authority imposes a fine for abuse of dominant position in the telecommunication market (Slovak Telekom)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
On 27 December 2007, the Slovak Antimonopoly Office imposed a fine of 525.8 million SKK (approximately € 15.5 million) on Slovak Telekom for abusing its dominant position in the telecommunication market under both Slovak and EC competition law by charging its competitors unfair interconnecting (...)

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)
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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)
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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 French Competition Council fines a public port operator and two related companies for anticompetitive practices in the market of harbour services dedicated to coal (SOGEMA, Port Autonome du Havre)
Hewlett Packard (Boulogne-Billancourt)
On 13 September 2007, the French Competition Council issued a decision relating to anti-competitive practices in the market of harbour services dedicated to coal, following a complaint by the Société Générale Maritime ("Sogema"), a dock-work operator established in various harbours in France. (...)

The Dutch Competition Authority rejects claim of unlawful tying on the digital music markets (Apple-iTunes)
RBB Economics (The Hague)
The Dutch competition authority (NMa) rejects a complaint by the Dutch Consumer’s Association regarding possible unlawful bundling of Apple’s portable digital music players and music sold online by Apple. The NMa concludes that, even if Apple was to be dominant on either of two the markets, it is (...)

The Dutch Competition Authority dismisses complaint lodged by a consumers’ association against leading software company for alleged abuse of dominance on the markets for portable music players and online music stores concluding the absence of tying (Apple)
The AES Corporation
In January 2007 the Dutch consumers’ association (Consumentenbond) lodged a complaint with the Dutch Competition Authority (NMa) against Apple Computer Benelux BV (Apple). The Consumentenbond claimed that Apple has a dominant position on the market for portable music players through its (...)

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

The US Supreme Court rules that federal and state antitrust claims related to certain IPOs are preempted by federal securities laws (Credit Suisse Securities/Billing)
Winston & Strawn (New York)
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Haug Partners (New York)
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Winston & Strawn (New York)
In a decision announced earlier today, the United States Supreme Court held that federal securities laws implicitly preclude the application of antitrust laws to claims filed against ten leading investment banks over alleged conduct on initial public offerings during the technology boom of the (...)

The Swedish Market Court rejects alleged predatory pricing and bundling practices in the free press sector (Metro v. Stockholm City)
General Court of the European Union (Luxembourg)
,
Kreab
Swedish Market Court (Marknadsdomstolen), 5 June 2007, Tidnings Aktiebolaget Metro v. Stockholm City i Sverige AB, Expressen AB, Dagens Nyheter AB, Case Dnr A 9/05 On the 5th of June 2007, the Swedish Market Court ruled on Tidnings Aktiebolaget Metro v. Stockholm City i Sverige AB - a case (...)

The Polish Competition Authority finds that a foreign broadcasting company has abused of its dominant position on a local pay-TV market (Discovery Communication Europe)
French National Research Agency (ANR)
In 2002 the Cable Television Chamber of Commerce located in Lodz (Poland) filed a complaint with the President of the Office for Competition and Consumer Protection (hereafter: the OCCP President) against the practices of Discovery Communication Europe, a company being registered in Wisconsin (...)

The Irish Supreme Court allows an appeal against the High Court’s finding of an abuse of dominance in the market for life insurance (Irish League of Credit unions)
London School of Economics
The present case is the first appeal against a High Court decision on substantive competition law matters to come before the Irish Supreme Court. The plaintiff in this case, the National Competition Authority (NCA), initiated this action before the High Court in accordance with the powers (...)

The Polish Competition Authority reverses on procedural grounds the Telecom Regulator’s decision having fined the former incumbent for tying Internet and telecommunications offers (Telekomunikacja Polska)
DeBenedetti Majewski Szczesniak
,
Bartkowiak Wojciechowski Halupczak Springer
On May, the Polish Court for Competition and Consumer Protection reversed the decision of the President of the Office for Electronic Communications (OEC) imposing a fine of 100,000,000 PLN on Telekomunikacja Polska S.A. (“TP S.A.”) for the unauthorized binding of offers of Neostrada tp (an (...)

The Spanish Competition Court fines € 306.000 tying practices between train transport and boat services (Ferrocarril de Sóller - Excursiones Marítimas Puerto de Sóller)
The island of Majorca in Spain is a great tourist attraction and the area of Sóller is one of most visited spots on the island. A typical tour offered by travel agencies and touroperators is the denominated “Vuelta a la Isla”. This tour consists of an itinerary between Palma, Sóller and Sa Calobra (...)

The Czech Regional Court of Brno confirms Competition Authority’s first decision directly applying EC competition law (Cesky Telecom)
Government of the Czech Republic
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European Court of Justice (Luxembourg)
By a judgement of 26 September 2006, the Regional Court in Brno confirmed the decisions adopted by the Office for the Protection of Competition and (on administrative appeal) by its President in which the dominant fixed telephony operator, Èeský Telecom (“ÈTc”), was found to have infringed article (...)

The US Supreme Court strikes down patent market power presumption in tying cases (Illinois Tool Works)
WilmerHale (Washington)
,
WilmerHale (Washington)
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Matheson Keys & Kordzik
The Supreme Court issued two unanimous opinions in antitrust cases. These are the second and third antitrust opinions of the Term; u.S. ---, 1-6 S.Ct. 860 (-006), involved the robinson-Patman act. in recent years the Court has taken one or at most two antitrust cases per Term, so this (...)

The Austrian Supreme Court upholds the NCA decision ordering the postal incumbent to cease abusive tying via its price offers on the market for day delivery of newspapers and magazines (Österreichische Post)
Reidlinger Schatzmann Rechtsanwälte
,
Bpv Hügel (Vienna)
On 10 May 2005, the Austrian Cartel Court ordered Österreichische Post AG (“Post”) to cease to abuse its dominant position on the market for day delivery of newspapers and magazines. The abuse in question was constituted by certain clauses contained in the terms and conditions offered by Post to (...)

The French Competition Authority orders interim measures to address anticompetitive practices implemented in the press distribution sector (NMPP & SAEM-TP)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Press distribution: The Conseil de la concurrence orders NMPP and SAEM-TP to temporarily suspend the application of a new interprofessional protocol reached with press distributors.* In September 2005, the (...)

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)
,
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 Hungarian Competition Office applies both national and EC leading abuse case concerning spare parts (Hewlett-Packard)
lakatos, koves and partners
,
lakatos, koves and partners
The Hungarian Competition Office (HCO) applied European law in proceedings against a leading printer manufacturer that had been launched due to its alleged abuse of its dominant position on the market of printer cartridges. The alleged abuse concerned the wording of the warranty letter of the (...)

The Czech Competition Office renders its first case under Art. 82 EC and imposes a fine on the telecommunications incumbent for abuse of dominant position (Ceský Telecom)
Gide Loyrette Nouel (Prague)
By its decision of 24 November 2005, the Czech Office’s Chairman confirmed the Office’s first-instance decision and (i) imposed a fine of 205 million CZK on Èeský Telecom a.s. (which is since July 2005 controlled by a Spanish company, Téléfonica) (“CT”) for having abused its dominant position in (...)

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

The Swedish Market Court rejects a complaint on alleged abuse of dominant position on the fixed telephony market by practicing mixed bundling (B2 Bredband / TeliaSonera)
Danish Competition and Consumer Authority (Copenhagen)
On 1st November 2005, the Swedish Market Court rejected a claim by B2 Bredband Holding AB (Bredbandsbolaget) according to which TeliaSonera was in abuse of its dominant position on the Swedish market for fixed telephony. The contested practice consisted in providing a rebate on fixed telephony (...)

The Swedish Market Court rejects a complaint against the incumbent for abusive mixed bundling and predatory pricing in the broadband internet access sector (B2 Bredband / TeliaSonera)
Cederquist
Background Bredbandsbolaget sues Teliasonera for abuse of a dominant position on the market for fixed telephony through illegal mixed bundling, customer discrimination and predatory pricing but fails to prove dominance. Decision On 1 November 2005 the Swedish Market Court rendered its (...)

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

A US Court of Appeals finds that the application of misuse of patent standard related to CD-R/CD-RW licensing dispute was flawed (Philips)
Sheppard Mullin (Los Angeles)
Patent Misuse And Antitrust Tying Analysis – Close But Imperfect Substitutes* Federal Circuit Holds That Patent Pools Without Anticompetitive Effects Are Lawful In U.S. Philips Corp. v. International Trade Commission. On September 21, 2005, the Court of Appeals for the Federal Circuit reversed (...)

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

The French Competition Authority applies a "rule of reason analysis" to an abuse of dominant position in the press advertising sector (La Provence Group)
Sheppard Mullin (Brussels)
,
Lni avocats (Paris)
The La Provence group owns the two main regional daily newspapers distributed in Marseille (Southern France) namely Le Provençal and Le Méridional. The two newspapers transferred the exclusive responsibility for managing local advertising to Eurosud Publicité ; however, the commercial policy was (...)

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

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 (...)

The Spanish Telecommunications Authority closes proceedings for interim relief considering that Teléfonica’s commercial strategy for the launch of its pay-TV services is not a tying practice within the meaning of Art. 82 EC (Servicio Imagenio)
London School of Economics
Telefónica de España, S.A.U. (hereinafter, “TESAU”) is a 100% owned subsidiary of Grupo Telefónica, the Spanish incumbent in the telecommunications sector. Under the commercial name “Línea Imagenio”, TESAU provides broadband Internet access and pay-TV services, including video-on-demand as well as (...)

The French Competition Council rejects a complaint on alleged bundling and predatory practices in the Pay-TV sector (TPS/Canal Plus)
Constantine Cannon (Washington)
,
Hogan Lovells (Brussels)
French Competition Council (Conseil de la Concurrence, 18 March 2005, Decision n° 05-D-13, regarding Canal Plus’ practices in Pay-TV Sector (“relative aux pratiques mises en œuvre par le groupe Canal Plus dans le secteur de la télévision à péage”) On June 5th, 1998, TPS filed a complaint with the (...)

The European Court of First Instance rejects US software company’s request for interim measures (Microsoft)
European Commission - DG COMP (Brussels)
,
European Commission - DG COMP (Brussels)
,
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 (...)

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

The European Commission adopts a decision in a case concerning the abuse of a dominant position by a leading US provider in the PC operating systems (Microsoft)
European Commission - DG COMP (Brussels)
,
European Commission - DG COMP (Brussels)
,
Ocean Breeze GmbH & Co
"Commission adopts Decision in the Microsoft case"* 1. Introduction On March 24 2004, the Commission concluded its Microsoft investigation by way of a formal Decision. This brought to an end proceedings which had lasted just over five years. The Commission found that Microsoft had abused its (...)

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

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

The Maltese Office of Fair Trading condemned for the first time ever an infringement of the Competition Act under the form of abusive tying in the agricultural sector (Malta Dairy Products)
King’s College (London)
,
Superior Courts of Malta
This case can be regarded as a landmark in the evolution of competition law in Malta: for the first time the Commission handed down a judgment in which it found that an infringement of the Competition Act had been committed. The Commission held that Malta Dairy Products Ltd (’MDPL’) held a (...)

Mergers

The Competition Commission of Singapore conditionally clears first merger with divestment and behavioural commitments (Seek Asia Investments / JobStreet)
BHP Billiton (Singapore)
Comment: On 13 November 2014, the Competition Commission of Singapore (the “CCS”) released its grounds of decision conditionally clearing the proposed acquisition by SEEK Asia Investments Pte. Ltd. (“SEEK Asia Investments”), of 100 per cent. of the online recruitment business assets of JobStreet (...)

The Canadian Competition Bureau continues to watch over the telecommunication market (Eastlink / Bruce Telecom)
Stikeman Elliott (Ottawa)
,
Stikeman Elliott (Ottawa)
Eastlink and Bruce Telecom abandon $26.5M merger amid Competition Bureau concerns* On August 15, 2014, the Competition Bureau (the Bureau) announced that Bragg Communications Inc. (Eastlink) and Bruce Telecom had terminated an announced merger, which would have resulted in the acquisition of (...)

The US FTC seeks divestiture and conduct remedies before approving an acquisition in the highly concentrated market for commercial real estate information (CoStar / Loopnet)
Venable (New York)
,
Venable (Washington)
,
Venable (Washington)
After a year of scrutiny, the Federal Trade Commission (FTC) resolved its competitive concerns over the merger of two firms that provide commercial real estate (CRE) listings and other data. In April 2011, CoStar Group, Inc. announced plans to acquire LoopNet, Inc. for approximately $860 (...)

The US FTC imposes divestiture and "unusual" conduct remedies to protect the competitor after an acquisition in commercial real estate databases and information services (CoStar / Loopnet)
Weil, Gotshal & Manges (Washington)
,
Weil, Gotshal & Manges (Washington)
On April 26, 2012, the FTC challenged CoStar Group’s proposed $860 million acquisition of LoopNet and accepted a settlement that required not only divestitures, but also “unusual” additional conduct remedies. CoStar is the largest provider of commercial real estate (CRE) information services in (...)

The EU Commission decides not to oppose the notified operation and declares it compatible with the internal market and the EEA Agreement (Microsoft / Skype)
University of South Australia
Microsoft/Skype – or the Commission in the Shadow of Parties Submission* The Commission’s decision in Microsoft/Skype contradicts its previous Article 102 decisions in Microsoft I (WMP) and Microsoft II (Internet Explorer). Read §152 of Microsoft/Skype : “consumers do not simply use whatever (...)

The European Commission approves a merger between two US software companies subject to a set of commitments ensuring fair competition in the sector of computer security (Intel / McAfee)
French Competition Authority (Paris)
,
European External Action Service
,
Danish Competition and Consumer Authority (Copenhagen)
Intel/McAfee* Introduction On 26 January 2011 the European Commission approved the proposed acquisition of McAfee by Intel, both of the US. The approval is conditional upon a set of commitments ensuring fair competition in the sector of computer security. Computer security is a growing (...)

The US DoJ imposes divestiture and conduct remedies before approving a merger in order to maintain competition recently introduced by one of the firms in the market for primary ticketing services (Ticketmaster / Live Nation)
Robins Kaplan (Minneapolis)
According to conventional wisdom, the Department of Justice and the Federal Trade Commission prefer structural merger remedies like divestiture over remedies that require ongoing monitoring of post-merger conduct. Structural remedies offer comparative ease of implementation and require (...)

The US DoJ demands divestiture and licensing to create two new competitors and imposes conduct remedies to limit the benefits of vertical integration in a merger concerning the industry for primary ticketing services at concert venues (Ticketmaster / Live Nation)
Kelley Drye & Warren (Washington)
,
Kelley Drye & Warren (New York)
,
Kelley Drye & Warren (Washington)
The Department of Justice Antitrust Division (“DoJ”), along with 17 state attorneys general, reached an agreement with the parties last week that allows the merger of Ticketmaster Entertainment, Inc. (“Ticketmaster”) and Live Nation, Inc. (“Live Nation”) to proceed. The parties agreed to a (...)

The US DoJ seeks to divest part of the business and require the licensing of software in order to mitigate anticompetitive effects of a merger in the ticketing services industry (Ticketmaster / Live Nation)
Cleary Gottlieb Steen & Hamilton (Cologne)
,
Cleary Gottlieb Steen & Hamilton (Washington)
After a decade of what was perceived by many as relatively restrained merger enforcement, the Obama administration has repeatedly and vocally vowed to “reinvigorate antitrust enforcement” and to “take effective action to stop or restructure mergers that are likely to harm consumer[s]”. Many (...)

The US DoJ requires a mixture of remedies, including divestiture, licensing, and behavioral remedies, before approving a merger in primary ticketing sales for concert venues (Ticketmaster / Live Nation)
European Parliament (Brussels)
In February 2009, the largest ticketer, Ticketmaster, and the largest live music promoter, Live Nation, announced that they intended to merge. The merger, as originally proposed, would have removed Live Nation as a potential competitor to Ticketmaster, substantially lessening competition for (...)

The US DoJ conditions approval of a vertical merger upon the implementation of structural and behavioral remedies to protect the market for primary ticketing services (Ticketmaster / Live Nation)
Crowell & Moring (Washington)
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Crowell & Moring (Washington)
,
United Airlines
U.S. antitrust agencies, in a flurry of recent actions, have reinvigorated vertical merger enforcement, claiming competitive harm from what, in the past, would potentially have been viewed as efficiency-enhancing vertical integration. The Department of Justice (“DOJ”), in particular, has (...)

The Chinese MOFCOM blocks $2.4 billion acquisition of a leading Chinese juice producer by a foreign buyer (Coca-Cola / Huiyuan)
White & Case (Beijing)
,
Mattel (Hong Kong)
On March 18, MOFCOM announced that it had blocked Coca-Cola’s proposed $2.4 billion acquisition of China Huiyuan Juice Group, a leading Chinese juice producer. It is MOFCOM’s second reported merger decision under the recently enacted Anti-Monopoly Law (“AML”), which came into effect August 1, 2008 (...)

The Dutch competition authority clears “merger to monopoly” of directory providers (European Directories - Truvo Nederland)
RBB Economics (The Hague)
Introduction After a Phase II inquiry, the Dutch competition authority (NMa) cleared on 28 August 2008 the acquisition of Gouden Gids, a Dutch on-line and print directory owned by Truvo, by European Directories, publisher of rival on-line and print directory De Telefoongids. The transaction (...)

The French Minister of Economy clears in Phase I a merger in the market for free newspapers with classified ads (Spir-S3G / JV)
PagesJaunes
In 2006, prior to the transaction at hand, the French Minister of Economy (heareafter the ‘Minister’) cleared the Spir-S3G/JV transaction, subject to undertakings, whereby two joint ventures between Spir Communication (‘Spir’) and the Société des Gratuits de Guyenne et Gasconne (‘S3G’) (together (...)

The French National Competition Authority clears in Phase II with behavioural remedies a merger in the rolling shutters sector and gives its assessment of conglomerate effects (Somfy/Zurflüh-Feller)
European Commission - DG COMP (Brussels)
Introduction After an in-depth phase II investigation, on 12 June 2008 the French Minister for Economy, Indutry and Employment (hereafter, the MinisterMinister), cleared the acquisition of Zürfluh-Feller by Somfy. Both companies are active on the market for accessories to construct rolling (...)

A German Court of appeals reinforces the application of the de minimis exemption for merger control by constraining the application of the “bundle theory" (Asphaltmischwerke Langenthal)
Fried Frank Harris Shriver & Jacobson (London)
1. Introduction German merger control notification thresholds are extremely low and a large number of transactions are notified to the German Federal Cartel Office (Bundeskartellamt"FCO") every year. For example, 2231 notifications were submitted to the FCO in 2007 . However, a notification is (...)

The French Directorate for Competition clears an acquisition in the press and media sector, subject to conditions addressing conglomerate concerns (LVMH / Les Echos)
Van Bael & Bellis (Brussels)
On 25 January 2008, the French Directorate for Competition, Consumption and Combating Fraud (DGCCRF) published two decisions conditionally clearing separate transactions in the press and media sector. The first decision concerned the acquisition of the French financial daily newspaper Les (...)

The French Directorate for Competition clears an acquisition in the press and media sector, subject to conditions addressing conglomerate concerns (Hersant Média Group, Lagardère)
Van Bael & Bellis (Brussels)
On 25 January 2008, the French Directorate for Competition, Consumption and Combating Fraud (DGCCRF) published two decisions conditionally clearing separate transactions in the press and media sector. The second decision concerned the acquisition by Hersant Média Group (HMG) of several (...)

The French Minister of Economy requires in Phase I important remedies to address concerns of bundling in a merger of newspapers and magazines publishers (LVMH / Les Echos)
RBB Economics (Brussels)
On 19 December 2007 the French Minister of Economy, Finance and Employment (hereafter “the Minister”) cleared, after a “Phase I” investigation, the acquisition by the group LVMH of Les Echos S.A., publisher of the leading business newspaper Les Echos and of magazines specialised in economic and (...)

The French Minister of Economics clears a merger in the sector of regional press with remedies, including bundling prohibition (GHM/Lagardère)
University Paris II Panthéon‑Assas
The operation By a letter dated 7 December 2007, the French Minister of Economy, Finance, and Employment authorised the merger between two companies in the sector of daily and weekly regional press and Internet : Groupe Hersant Media (hereinafter « GHM ») and Groupe Lagardère (hereinafter « (...)

The French Minister of Economy clears in Phase I with behavioural commitments a merger in the Internet classified advertisements market (Spir Communication / Schibsted ASA)
University Paris II Panthéon‑Assas
The operation By a letter of 10 09 2007, the Minister cleared in phase I a merger between Spir and Schibsted compagnies. It created a jointly owned compagny between the notifying parties. The new company controls both parties’ activities in the sector of classified advertisements for the sale of (...)

The Belgian Competition Council rules on the extent of veto rights necessary and sufficient for a minority shareholder to exert joint control over a JV within the meaning of merger control (Belgacom - Vodafone Belgium - Belgacom Mobile)
Loyens & Loeff (Bruxelles)
In its Belgacom - Vodafone Belgium - Belgacom Mobile merger decision, the Belgian Competition Council cleared in phase I the increase of Belgacom’s stake in Belgacom Mobile from 75% to 100%, through the acquisition of Vodafone Belgium’s 25% stake. The decision is interesting for two reasons. It (...)

The French Minister of Economics clears a merger in the markets of specialized TV channels with behavioural remedies (France Télévisions-TF1)
University Paris II Panthéon‑Assas
The operation By a letter dated 13 November 2007, the French Minister of Economy, Finance, and Employment authorized the merger between the public audiovisual group France Télévision (“France Télévisions”) and TF1, a private audiovisual group. The merger created “France 24”, the French TV channel of (...)

The European Commission clears a merger in the Danish energy sector remedying competition problems through infrastructure unbundling and gas release (DONG/Elsam/E2)
European Commission - DG CNECT
,
European Commission - DG COMP (Brussels)
,
Service européen pour l’action extérieure (EEAS)
"DONG/Elsam/E2: Remedying competition problems in an energy merger through infrastructure unbundling and gas release"* 1. Introduction Following an in-depth investigation, the European Commission on 14 March 2006 authorised — subject to commitments — the acquisition by Danish natural gas (...)

The Belgian Competition Council approves the acquisition of a financial newspaper subject to conditions, including a prohibition on tied offers of newspapers or of advertising space and a prohibition on applying discriminatory conditions to the supply of financial information to the written press in Belgium (Editeco - Les Echos)
Freshfields Bruckhaus Deringer (Hong Kong)
The operation NV Uitgeversbedrijf De Tijd, owned by NV Rossel & Cie. and NV De Persgroep, acquired all the shares of NV Editeco, owner of the "Les Echos" financial newspaper. The original transaction was notified and approved on 26 January 2004 (2004-C/C-16). Third parties appealed the (...)

The EU Court of First Instance denies application for annulment of Commission decision on merger prohibition, though it finds that the assessment of the conglomerate effects resulting from the concentration was erroneous (Honeywell International / GE)
Sheppard Mullin (Los Angeles)
General Electric/Honeywell merger prohibition upheld by European Court of First Instance – “Conglomerate effects” analysis represents “manifest errors of assessment”* On December 14, 2005, the European Court of First Instance (“CFI”) denied the application of General Electric Company (“GE”) and (...)

The French Minister of Economics clears a merger in the sector of daily and weekly regional press with remedies, including bundling prohibition, editorial autonomy and commitments to exclude conglomerate effects (OuestFrance/Socpresse)
University Paris II Panthéon‑Assas
The operation By a letter dated 28 October 2005, the French Minister of Economy, Finance, and Employment, following the French Competition Council’s opinion dated 11 October 2005, authorised the acquisition by the Société d’investissement et de participations (SIPA” or “the party”) of three press (...)

The European Commission conditionally clears a merger in the consumer goods production (Procter & Gamble/Gillette)
European Commission - DG COMP (Brussels)
,
European Commission - DG ENER
,
Council of the European Union
"Procter & Gamble/Gillette: the role of economic analysis in Phase I cases"* In July 2005, the European Commission has approved, subject to conditions, the acquisition of Gillette by Procter & Gamble. The merger creates one of the world’s biggest consumer goods producers with a combined (...)

The Hungarian Competition Office clears a merger in the daily newspapers market subject to remedies including tying prohibition and price control, the transaction having been previously prohibited by the NCA and then subject to a new assesment following Court’s judgement (Tabora/Népszabadság)
lakatos, koves and partners
,
lakatos, koves and partners
In 2003, a member of the Ringier group, B.V. Tabora (Tabora), which held 49.97 per cent of the shares in Népszabadság, one of the largest daily newspapers in Hungary, acquired through share swap another 17.68 per cent stake in Népszabadság, thus holding a total of 67.65 per cent. Tabora requested (...)

The Austrian Cartel Court clears an acquisition of a minority stake in the outdoor advertising industry subject to remedies including limitations on management control, tying prohibitions and obligations of non-discrimination (Gewista/Werbeplakat Soravia)
Université de Genève
The operation The deal involved the transfer of Gewista’s "megaboards" advertising business to Werbeplakat Soravia GmbH (WPS) while, in turn, Gewista acquired 33% of WPS. In Vienna, where the bulk of outdoor advertising revenue is generated, Gewista at the time was the market leader with 60% (...)

The French Minister of Economy cleared in Phase II a merger in the press sector with structural and behavioural commitments, including bundling prohibition and termination of exclusive contract (France Antilles/Comareg)
French Competition Authority (Paris)
The operation In the case at hand, Vivendi Universal Publishing sold its entire equity interest in Comareg to France Antilles. Following the opinion given by the competition council, the Minister cleared the merger subject to structural and behavioral remedies. The market(s) The markets (...)

The German Competition Authority prohibits planned acquisition of broadband cable networks (Deutsche Telekom / Liberty Media)
German Competition Authority (Bonn)
Bundeskartellamt prohibits planned Liberty Media/KDG merger* The Bundeskartellamt has prohibited Liberty Media’s planned acquisition of Deutsche Telekom AG’s (KDG) broadband cable networks. The merger would strengthen dominant positions in the supply market for broadcasting signals to final (...)

The German Competition Authority finds that planned acquisition was prone to strengthen dominant positions in the supply market for broadcasting signals to final customers (TeleColumbus / Liberty Media)
German Competition Authority (Bonn)
Bundeskartellamt issues warning regarding the planned Liberty Media/TeleColumbus GmbH merger* According to the preliminary assessment of the Bundeskartellamt, the planned acquisition by Liberty Media of subsidiaries of TeleColumbus GmbH would, so far as these are active in the territory of (...)

Procedures

The US District Court for the Easter District of Michigan dismisses a Sherman Act class action lawsuit for lack of antitrust injury (Shain /Advanced Technologies)
Cleary Gottlieb Steen & Hamilton (Rome)
US District Court dismisses a Sherman Act class action lawsuit brought by former and current Bureau of Prison inmates for lack of antitrust injury* On 28 February 2017, the U.S. District Court for the Eastern District of Michigan (hereinafter, “District Court”) dismissed a putative class action (...)

The US Court of Appeal for the Ninth Circuit overturns judgment of the District Court which rejected a class action on the basis of lack of evidence on potential substitutes in geographic markets (Sutter Health)
Constantine Cannon (New York)
Health Plan Members Convince Ninth Circuit to Revive Antitrust Class Action Against Dominant Northern California Healthcare Provider Sutter Health*An antitrust class action challenging the dominance of healthcare provider Sutter Health in Northern California received a new lease on life Friday (...)

The US Supreme Court rules that an arbitration agreement did not prevent effective vindication of antitrust rights (American Express / Italian Colors Restaurant)
Wolters Kluwer (Riverwoods)
Arbitration Agreement Did Not Prevent Effective Vindication of Antitrust Rights* Consumers and small businesses that are parties to contracts containing arbitration agreements will find it tougher, if not impossible, to avoid the terms of those agreements and pursue an antitrust action in (...)

The Romanian Competition Council launches sector inquiries into pharmaceutical market and electronic communication services
European Commission (Brussels)
Romania: The Competition Council launches Sector Inquiries into Pharmaceutical Market and Electronic Communication Services* On 19 March 2013, the Romanian Competition Council (RCC) opened by an Order of its President a new sector inquiry to assess possible malfunctions of the pharmaceutical (...)

The Chinese State Administration of Industry and Commerce makes another attempt to define anticompetitive exercise of intellectual property rights
Qualcomm
In mid-August, 2012, the Chinese State Administration of Industry & Commerce (SAIC) released a Draft Guide on Anti-Monopoly Law Enforcement in the Field of Intellectual Property Rights in a conference open to media and public. That was the fifth draft in a series, and a newstep after three (...)

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

The Macedonian Competition Authority releases its 2010 annual report
University of Technology (Tallinn)
On 31 March 2011 the Macedonian Competition Authority (KZK) released its annual report summarizing competition law enforcement activities carried out in 2010. It should be noted that until 13 November 2010 the KZK was acting pursuant to the old competition law, which provided for two distinct (...)

The Paris Court of Appeals defines and applies a demanding standard of proof for justification of dawn raids targeting press groups (Amaury)
Jones Day (Paris)
Dawn raids vs. the freedom of the press* Paris Court of Appeals, Order of 17 June 2010, Amaury and Others Relying on what seems to be unprecedented reasoning, the President of the Paris Court of Appeals has quashed a judicial order authorizing a dawn raid against several companies belonging (...)

The European Regulators Group for Electricity and Gas and the Council of European Energy Regulators publish a report setting out their 2010 work programme and their assessment of the development of the EU energy markets during 2008
Van Bael & Bellis (Brussels)
On 14 January 2010, the European Regulators Group for Electricity and Gas (ERGEG) and the Council of European Energy Regulators (CEER) published a report setting out their 2010 work programme and their assessment of the development of the EU energy markets during 2008. The report highlights a (...)

The Luxembourg Administrative Tribunal annuls decisions imposing interim measures and fines in the telecommunications sector (Entreprise des Postes et Télécommunications)
MOYSE BLESER law firm
,
Allen & Overy (Luxembourg)
Introduction In a judgment dated 20 May 2009 (the Judgment), the Luxembourg administrative tribunal (the Tribunal) annulled two decisions of the Competition Council (the Council) and the President of the Council (the President) concerning interim measures and fines imposed on the Entreprise (...)

Regulations

The Netherlands Authority for Consumers & Markets issues an unbundling certificate concerning the operation of electricity cable between Maasvlakte in the Netherlands and the Isle of Grain in the UK
Netherlands Authority for Consumers & Markets (The Hague)
The Netherlands finalises important part of the Third Energy Package* Transmission system operator BritNed Development Ltd. has received an unbundling certificate from the Netherlands Authority for Consumers & Markets (ACM). BritNed has demonstrated to comply with the ‘unbundling (...)

The French Competition Authority issues an opinion on the functioning of the sector for the distribution of bulk propane to households’ tanks
French Competition Authority (Paris)
Press release published on the official website of the French Competition Authority. With a view to benefitting consumers, the Autorité de la concurrence has issued several recommendations aimed at opening up the sector for the distribution of bulk propane to households’ tanks.* It has in (...)

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

The UK Department for Environment, Food And Rural Affairs ("Defra") publishes the final report of the Cave review of competition and innovation in water markets
Linklaters (London)
,
Linklaters (London)
,
Linklaters
On 22 April the Department for Environment, Food And Rural Affairs (Defra) published the final report of the Cave review of competition and innovation in water markets (the Report). The Report was published on the same date as the 2009 Budget Report in which the Government announced that it (...)

The European Commission publishes results of its sector inquiry into gas and electricity addressing the issue of effective unbundling of energy transmission networks
FTI Consulting (Brussels)
,
European Commission - DG COMP (Brussels)
,
European Commission - DG SANCO
"Effective unbundling of energy transmission networks: lessons from the Energy Sector Inquiry"* I. Introduction During the late 1990s, the European Union decided to fundamentally change the basis for the provision of electricity and gas from a monopolistic to a competitive market framework. (...)

The French Competition Authority delivers a favourable opinion concerning the draft decree on the sale of broadcasting rights for sporting competitions (Minister of Economy)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Conseil de la concurrence delivers a favourable opinion concerning the draft decree on the sale of broadcasting rights for sporting competitions.* Asked by the Minister of Economy to issue an opinion on a (...)

Public sector

The French Competition Authority condemns a maritime transport operator for abusive conducts perpetrated in a tender procedure regarding the assignation of the Marseille/Corsica maritime links to be provided under a public service obligation (SNCM)
Desogus Law Office (Cagliari)
The French Competition Council (FCC) has imposed a € 300,000 fine on Société National Maritime Corse Méditerranée (SNCM) for abusing its dominant position by offering a global indivisible bid in the tender procedure for the assignation of a number of maritime routes linking Marseille with Corsica to (...)

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