Utilities & Cartels

Anticompetitive practices

The EU General Court rules on appeals brought by several airlines against the Commission’s 2010 decision imposing fines totalling € 799 million for their alleged participation in a cartel (Airfreight cartel)
Van Bael & Bellis
On 16 December 2015, the EU General Court (“GC”) handed down its judgments on appeals brought by several airlines against the European Commission’s 2010 decision imposing fines totalling € 799 million on the airlines for their alleged participation in a cartel relating to airfreight services. The (...)

The EU General Court annuls the Commission’s decision fining a number of cargo airlines for a price fixing cartel (Airfreight cartel)
Wiggin (London)
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Quinn Emanuel Urquhart & Sullivan (Brussels)
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Shearman & Sterling (Brussels)
The General Court annulled the airfreight decision adopted in November 2010 by which the European Commission fined a number of air freight carriers EUR 799 million for a price fixing cartel. According to the Court, the grounds of the decision and the operative part of the decision were (...)

The EU Commission fines cargo train operators in cartel settlement (Express Interfracht & Schenker)
Constantine Cannon (London)
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Constantine Cannon (London)
European Commission Slams Cargo Train Operators With 49 Million Euro Fine In Cartel Settlement* The European Commission (“EC”) today imposed fines totalling 49,154,000 euros on Express Interfracht, part of the Austrian railway company Österreichische Bundesbahnen, and Schenker, a subsidiary of (...)

The Portuguese Competition Authority fines €9.29 million three companies operating in the bottled LPG market for restricting passive sales (Galp Energia)
Abreu Advogados
In a decision dated February 2015, the Portuguese Competition Authority (PCA) has levied an antitrust fine totalling 9.29 million euros on three companies from Galp Energia Group (Portugal’s largest oil and gas operator) for using absolute territorial protection clauses regarding its (...)

The Portuguese Competition Authority imposes 9 million EUR fines for anticompetitive clauses in distribution contracts in gas bottle market under Art. 101 TFEU and national equivalent (Gas bottle market)
Eduardo Paz Ferreira & Associados
On 3 February 2015, the Portuguese Competition Authority (PCA) announced that it had imposed fines of 9.29 million EUR on the Galp Energia group for anticompetitive practices in the gas bottle market in Portugal. According to the PCA, Galp and its subsidiaries included in the large majority of (...)

The EU Court of Justice rules that cartel members are liable for ’Umbrella Claims’ (Kone)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Dentons (Brussels)
In a judgment that may expand civil damage liability for cartel participants significantly (Case C-557/12, Kone AG and Others, judgment of June 5, 2014), the European Court of Justice (the ECJ) has ruled that a cartel’s members are liable for “umbrella damages,” which are caused by price increases (...)

The US DoJ announces that a former prime contractor manager has been sentenced to serve 14 years in prison in an ongoing bid-rigging, fraud and kickback case (McDonald)
Steve Szentesi Law Corporation
U.S. DoJ Announces Record 14 Year Prison Sentence in Bid-Rigging Case* In what can only be described as a somewhat sobering announcement, the U.S. Department of Justice (DoJ) announced earlier today that a former prime contractor manager has been sentenced to serve 14 years in prison in an (...)

The Japanese Fair Trade Commission takes action against a trade association for its alleged participation in price-fixing the fees for voluntary flu shots service (Yoshikawa Matsubushi Medical Association)
Steve Szentesi Law Corporation
Antitrust & Associations: German, Japanese Antitrust Authorities Take Action Against Associations in Price-fixing Cases* In two interesting trade association related cases that caught my eye today, the German (Bundeskartellamt) and Japanese (Fair Trade Commission – “JFTC”) antitrust (...)

The AG Kokott of the EU Cout of Justice states that the law of the EU precludes domestic legislation which categorically excludes any civil liability of undertakings belonging to a cartel for umbrella damages (KONE)
CDC Cartel Damage Claims (Brussels)
Advocate General Kokott stated that the law of the European Union precludes the interpretation and application of domestic legislation enacted by a Member State which categorically excludes any civil liability of undertakings belonging to a cartel for loss resulting from the fact that an (...)

The Polish competition authority fines three manufacturers of chemical products used in coal mining for price fixing, market sharing and bid-rigging (Minova Ekochem, Carbotech-Polonia, A. Weber, GSG Mining Systems, Schaum-Chemie Mikołów)
Dentons (Warsaw)
In 2011 the UOKiK Chairperson initiated exploratory proceedings regarding possible antitrust infringements in the market for the production and sale of chemical products used in coal mining. The UOKiK investigation was based on information passed to it by the prosecutor’s office regarding (...)

The Australian Competition and Consumer Commission proposes to grant authorisation to eight regional councils to enable them to jointly tender for waste collection services, and recyclables and organic waste processing services (New South Wales)
Australian Competition and Consumer Commission
ACCC proposes to grant authorisation to eight regional councils in NSW for joint tender for waste services* The Australian Competition and Consumer Commission has issued a draft determination proposing to grant authorisation to eight regional councils in NSW to enable them to jointly tender (...)

The Dutch Competition Authority declares that the deal over closing down coal power plants is harmful for the consumer
University of Groningen
Sustainable Competition law; Competition Law Kills Coal Closure Plan, Or Does It?* This post concerns a bit of a Dutch thing, namely the ‘position’ of the Dutch National Competition Authority ACM on an agreement by electricity producers active on the Dutch market, but it is interesting more (...)

The German Competition Authority imposes fines for agreements to the detriment of local public transport companies, private, regional and industrial railways and construction companies (ThyssenKrupp / Gleistechnik /voestalpine / Butzbach /Schreck-Mieves)
German Competition Authority
Bundeskartellamt punishes more agreements between rail manufacturers* Fines totalling almost 100 million euros imposed for agreements to the detriment of local public transport companies, private, regional and industrial railways and construction companies On 23 July 2013 the Bundeskartellamt (...)

The German Competiton Authority imposes fines for rail cartel infringement (Moravia Steel)
German Competition Authority
€ 10 million fine imposed on Moravia Steel in rail cartel case* Today the Bundeskartellamt imposed a fine of € 10 million on Moravia Steel Deutschland GmbH. The authority has thus concluded its investigation proceedings against manufacturers and suppliers of rails on account of anticompetitive (...)

The German Mediation Committee of the Bundestag and the Bundesrat reaches compromise on the long-awaited 8th reform of the German act against restraints of competition
Bird & Bird (Dusseldorf)
Reform of the Act against Restraints of Competition (GWB): Federal Cartel Office to Loose Price Control of Public Law Utility Fees* The Mediation Committee of the Bundestag and the Bundesrat today reached a compromise on the long-awaited 8th reform of the German Act against Restraints of (...)

The Canadian Judge at the Superior Court of Quebec convicts three individuals for conspiring to fix gas prices in two Quebec cities (R/Gosselin)
Affleck Greene McMurtry
Gas price fixers convicted after trial* A Quebec Superior Court judge recently convicted three individuals of conspiring to fix gas prices in two Quebec cities, Sherbrooke and Magog. To date 33 individuals and seven companies have been convicted fixing gas prices in Quebec and eastern (...)

The Polish Competition Authority considers that a consortium agreement between businesses that could make an offer independently constitutes an infringement of competition law (Management of Municipal Property in Bialystok)
Wierzbicki Adwokaci i Radcowie Prawni
Members of consortia competing in public tenders are often not even aware of the risk of breaching the Act on Competition and Consumer Protection, and the potential (serious) consequences. The to-date position of the Office of Competition and Consumer Protection (UOKiK) related to consortia (...)

The Polish competition authority issues a precedent on antitrust assessment of bidding consortia (ASTWA / MPO)
Dentons (Warsaw)
In 2008 the UOKiK Chairperson received a complaint regarding alleged tendering collusion between Przedsiębiorstwo Usługowo – Asenizacyjne ASTWA sp. z o.o. (“ASTWA”) and MPO sp. z o.o. (“MPO”) in respect of a tender organized by Zarząd Mienia Komunalnego in Białystok (“ZMK”) and decided to initiate (...)

The Romanian Competition Authority sanctions five companies for bid rigging in road construction projects (C.N.A.D.N.R)
Nestor Nestor Diculescu Kingston Petersen (Bucharest)
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Nestor Nestor Diculescu Kingston Petersen (Bucharest)
On 13 December 2012, the Romanian Competition Council (“RCC”) sanctioned five companies a total of more than EUR 660,000 for engaging in bid rigging activities in the public procurement procedures organized by the Romanian National Company of Motorways and National Roads (“C.N.A.D.N.R.”). In (...)

The Croatian High Administrative Court confirms the decision of Competition Agency on illegal price fixing agreement in the residential management services market (Stano-uprava)
University of Zagreb - Faculty of Economics and Business
The High Administrative Court of the Republic of Croatia adopted on 13 December 2012 a judgment confirming the legality of a decision of the Croatian Competition Agency finding an illegal price fixing agreement between seven providers of residential management services in the city of Split and (...)

The Romanian Competition Authority imposes fines on bid rigging cartel in natural gas pipelines sector (Condmag and Inspet)
European Commission
The Romanian competition authority imposes fines on bid rigging cartel in natural gas pipelines sector* On 17 October 2012, the Romanian Competition Authority (RCC) found that four undertakings had taken part in bid rigging in the framework of two public procurement procedures organised by (...)

The Italian Administrative Supreme Court reinstates a decision issued by the NCA concerning a market sharing agreement in water management sector, that had been previously annulled by the First Instance Administrative Court (Acea / Suez Environment)
Legance - Studio Legale Associato
By judgement n. 5067 of 24 September 2012, the Italian Supreme Administrative Court (Consiglio di Stato) upheld an appeal by the Italian Competition Authority (Autorità Garante della Concorrenza e del Mercato, hereinafter “ICA”) and reinstated the ICA decision no. 17623 of 22 November 2007 (...)

The US Court of Appeals for the Second Circuit finds that the filed-rate doctrine applied because the market-based auction process was circumscribed and reviewed by a regulatory body which determined the resulting rate to be reasonable (Simon, KeySpan)
Skadden, Arps, Slate, Meagher & Flom (Washington)
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Skadden, Arps, Slate, Meagher & Flom
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Driven
On September 20, 2012, the United States Court of Appeals for the Second Circuit affirmed KeySpan’s victory in Simon v. KeySpan, holding for the first time that the filed rate doctrine can bar private claims related to market-based rates that arise from regulated auctions. While the Court (...)

The EU Commission fines producers of water management products € 13.7 M in sixth cartel settlement case (Flamco, Reflex and Pneumatex)
Van Bael & Bellis
On 27 June 2012, the European Commission announced that it had fined a number of producers of water management products a total of € 13.7 million for their involvement in an illegal price-fixing cartel in breach of Article 101 TFEU. In its Decision, the Commission found that three (...)

The Italian Competition Authority fines 15 shipping agents firms and two trade associations for a cartel at the port of Genoa (Servizi di Agenzia Marittima)
Desogus Law Office (Cagliari)
By a decision taken on 22 February 2012 the Italian Competition Authority (ICA) has fined 15 firms and two trade associations for taking part in a secret cartel having as object the fixing of the fees charged by the shipping agents of the port of Genoa. The facts of the case In May 2010 the (...)

The Italian Competition Authority finds 15 shipping agencies and 2 trade associations to have infringed Art. 101 TFEU (Shipping agencies services)
Bonelli Erede Pappalardo (Rome)
By its Decision adopted on 22 February 2012, the Italian Competition Authority (“ICA”) fined 15 shipping agencies and 2 trade associations approximately EUR 4 million for breach of Article 101 TFEE. On the grounds of the leniency applications submitted by two shipping companies (i.e., Mersk and (...)

The Hungarian Supreme Court confirms the Competition Authority decision on the road construction cartel (Strabag, Hidépit, Betonut, EGUT)
European Commission
Hungary: Road Construction Cartel Decision confirmed by the Curia* On 6 February 2012, the Curia of Hungary (Curia, previously known as the Supreme Court of Hungary) upheld the 2004 decision of the Gazdasági Versenyhivatal (GVH - Hungarian Competition Authority) – which found that the road (...)

The Italian Competition Authority accepts and makes binding commitments to avoid further proceedings into an alleged anticompetitive practice in the paper waste and raw paper material sector (COMIECO)
University of Bologna
The Italian Competition Authority (hereafter Agcm) has accepted and made binding commitments offered by the National Consortium established under Italian private law to rationalize, organize and promote the recovery and recycling of cellulose-based packaging(hereafter “COMIECO”). The Agcm stated (...)

The UK High Court strikes out various competition law claims brought in relation to a landlord’s opposition to the granting of a new business tenancy under the Landlord and Tenant Act 1954 (Humber Oil Terminals Trustee/Associated British Ports)
Francis Taylor Building
I. Overview In February 2011, the Chancery Division of the UK High Court (the «Court») struck out various competition law related claims put forward by Humber Oil Terminal Trustee Limited («HOTT», the claimant) to resist Associated British Ports’ («ABP», the defendant) attempts to end HOTT‘s business (...)

The Italian Competition Authority starts an investigation into the national consortium for the recovery and recycling of cellulose-based packaging for alleged infringement of Art. 101 TFEU (COMIECO)
Italian Competition Authority
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University Luiss Guido Carli - GRIF (Rome)
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University Luiss Guido Carli - GRIF (Rome)
On March 30th, 2010 the Italian Competition Authority (hereinafter, the ICA) opened a formal investigation into the activities and internal working of the “National Consortium for the recovery and recycling of cellulose-based packaging (hereinafter, the Consortium or COMIECO), members of which (...)

The U.S. DOJ seeks new disgorgement remedy in civil antitrust case (KeySpan)
Jones Day (Houston)
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Jones Day (Washington)
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Alston & Bird (Washington)
Until last week, the U.S. Department of Justice had not sought to obtain disgorgement as a remedy in a civil Sherman Act case. In the antitrust lawsuit and settlement filed on February 22 in U.S. v. KeySpan, the Antitrust Division asks that the court approve a settlement requiring the defendant (...)

The Irish High Court finds that four Dublin local authorities acted in breach of Irish competition law in proposing changes to how the domestic waste sector is regulated (Nurendale Limited - Panda Waste Services)
Venture Legal Services
In a ruling made on 21 December 2009 in the case of Nurendale Limited (trading as Panda Waste Services) v. Dublin City Council, Dun Laoghaire/Rathdown County Council, Fingal County Council and South Dublin County Council, the Irish High Court determined that the four Dublin local authorities (...)

The UK OFGEM is to enquire on pre-pay energy meters alleged overcharges despite introduction of new market rules (National Housing Federation)
Five of the big six energy suppliers are still overcharging customers using pre-pay meters, despite new Ofgem rules, the National Housing Federation (the “NHF”) says. The New Measures Energy regulator Ofgem delivered a set of measures on 21st September 2009 which was aimed at making the market (...)

An Irish jury acquits the directors of three waste disposal companies of breaching competition law by jointly tendering for the provision of local waste disposal services (DPP v. Hughes, Bourke, McGrath & Gleeson)
London School of Economics
The charges On 3 July 2009 the directors of three waste disposal companies and a former local government official, who were appearing before the Central Criminal Court sitting in Galway, were acquitted by a jury of charges of breach of competition law. The four directors concerned were charged (...)

The German Federal Court of Justice holds in a private antitrust enforcement case that offering varying prices in the gas retail market by different subsidiaries of the same mother company may be anticompetitive price discrimination by one economic entity (Entega)
University of East Anglia - CCP
In a private antitrust enforcement case the German Federal Court of Justice held that offering varying prices in the gas retail market by different subsidiaries of the same mother company may be anticompetitive price discrimination by one economic entity. Background German energy markets pose (...)

An Italian administrative Court cancels the NCA’s decision fining € 11.3 M a market-sharing agreement in water services (Acea / Suez / Publiacqua)
Luigi Prosperetti & Partners
Background In November 2007, the Italian Competition Authority (ICA) fined Acea for 8.3 million, and Suez Environment (SE) for 3 million for a market-sharing agreement in water services . The Italian NCA had consistently maintained that joint-ventures among competitors in bidding for public (...)

The Hungarian Court of Appeal upholds the NCA’s decision against the "road construction cartel" (Egút Egri Útépítõ, Strabag Építõ and Hídépítõ)
Hogan Lovells
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Hogan Lovells
With its judgment of second instance adopted on 11 June 2008, the Metropolitan Court of Appeal has upheld the judgment of first instance and therefore the decision of the Hungarian Competition Authority in the lawsuit brought by Egút Egri Útépítõ Zrt, Strabag Építõ Zrt and Hídépítõ Zrt as plaintiffs (...)

The Estonian Competition Authority ends proceedings against two oil tanking terminal operators without finding existence of anticompetitive agreements (Oiltanking Tallinn v. Alexela Terminal)
EFTA Surveillance Authority
Introduction On 17 January 2008 the Estonian Competition Authority (hereinafter: Authority) made a decision in two cases that were initiated in connection with a dispute between majority and minority shareholders (Alexela Terminal, AT) of Oiltanking Tallinn (OTT), a company providing oil (...)

The Italian Competition Authority fines € 11.3 M a market-sharing agreement in the water services sector (Acea / Suez / Publiacqua)
Luigi Prosperetti & Partners
Background Over the past ten years, Italian water services - traditionally managed by municipalities or small local operators - have been slowly consolidated, on the basis of a 1994 law, in 91 larger franchises (Ambiti Territoriali Ottimali, or ATOs). In 27 of these, 20 to 25 years concessions (...)

The Hungarian Court of Appeal confirms the NCA’s decision having fined anticompetitive cooperation agreement in the course of a public procurement procedure (Construm-Royal Bau)
Eötvös Lorand University
On 16 December 2004, the Hungarian Competition Office condemned two undertakings interested in a public procurement procedure. This decision was confirmed by the Court of Appeal’s judgment on 20 June 2007. Construm and Royal Bau concluded a co-operation agreement in the course of a public (...)

The UK Court of Appeal rules on the fixing of charges for sewerage services (Thames Water Utilities)
Brown Brothers Harriman (BBH) (Luxembourg)
On 29 November 2006, the Court of Appeal reversed the High Court ruling of 19 January 2006 on the claim arising from the Ministry of Defense (hereinafter “the MoD”) on repayments of metered sewerage services provided by the company, Thames Water Limited Utilities (hereinafter “Thames Water”). (...)

A Dutch Court quashes the decision of the national competition authority in the mobile operators case for unsufficient motivation (KPN Mobile, Orange, T-Mobile, Vodafone Libertel)
Covington & Burling (Brussels)
The District Court of Rotterdam judged in favour of the “mobile operators” in their case against the Dutch Competition Authority (the NMa). The NMa’s case alleging cartel activities was ruled to be insufficiently founded and therefore annulled. On July 13th, the District Court of Rotterdam handed (...)

The Italian Competition Authority starts an in depth investigation in the water management services market for alleged infringements of Art. 81 EC (Acea / Suez / Publiacqua)
Studio Legale DDPV
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Luciani Annalisa Sudio Legale
On the 31st of May 2006, the Italian Antitrust Authority (“Authority”) opened an in depth investigation against Publiacqua S.p.A. (“PBA”), Acea S.p.A. (“Acea”) and Suez Environnement S.a. (“Suez”) for alleged breach of Article 81(1) of the EC Treaty. PBA is a company which manages water services (...)

The US Supreme Court overturns a Court of Appeals decision clarifying that pricing decisions of a fully integrated joint venture that eliminates competition between the partners is not subject to Section 1 of the Sherman Act (Dagher / Texaco)
WilmerHale (Washington)
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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; in recent years the Court has taken one or at most two antitrust cases per Term, so this reflects a greater than usual level of antitrust activity at the (...)

The Paris Court of Appeal upholds the NCA decision fining a cartel in the public passenger urban transport market with reference to the EC Commission’s notice on effect on trade (Keolis - Connex - Transdev)
Kramer Levin Naftalis & Frankel (Paris)
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Eversheds (Paris)
Background In a decision dated July 5, 2005 (See J.-P. de la Laurencie et M. Courtaigne-Op, The French Competition Authority fined three French major companies for implementing a cartel in the public passenger urban transport market, with potential appreciable effect on trade between Member (...)

The Slovak Antimonopoly Office imposes high fines for bid-rigging (Highway D1)
PRK Partners (Bratislava)
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SA Legal
In January 2006 the Antimonopoly Office of the Slovak Republic (“AMO”) published a decision of the first instance (adopted in December 2005) fining several Slovak and foreign construction companies a total of almost SKK 1.5 billion (approx. EUR 40 million) for alleged bid-rigging. In addition to (...)

The German Federal Cartel Office issued a statement of objections against Germany’s major gas company with the aim of prohibiting certain long term supply agreements with regional and local gas distributors that violate European and German competition law (E.ON Ruhrgas)
Freshfields Bruckhaus Deringer (Berlin)
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Freshfields Bruckhaus Deringer (Berlin)
In its ongoing efforts to open the German wholesale market to new gas suppliers, the German Federal Cartel Office (“FCO”) issued a statement of objections against E.ON Ruhrgas (“E.ON”), Germany’s largest gas supplier, in December 2005. According to this statement of objections and the preliminary (...)

The Hungarian Competition Council finds 8 construction companies guilty of bid rigging in respect of a road construction contract (Municipality of Budapest)
Smartflats
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Liège University - IEJE
In a public procurement concerning the construction of roads in the municipality of Budapest, eight construction companies have been found guilty of bid-rigging. In a nutshell, they decided among themselves which company would get the contract by coordinating their tenders in advance during (...)

The French Competition Authority fines three major national companies for implementing a cartel in the public passenger urban transport market, with potential appreciable effect on trade between member States (Keolis, Connex and Transdev)
Avocat au barreau de Paris
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DFDL (Singapore)
Last July 2005, the French Competition Authority fined Keolis, Connex and Transdev a total of 11 € million for operating a national cartel in the French market for public passenger urban transport on the basis of article L. 420-1 of the French Commercial Code and article 81 EC. In its decision, (...)

The Swedish Supreme Court declares that a concerted practice cannot be subject to nullity under section 7 of the [former] Swedish Competition Act (Boliden Mineral Aktiebolag/AB Fortum Värme samägt med Stockholms stad)
Vinge (Stockholm)
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Svea hovrätt (Swedish courts)
Background In December 1992, Boliden Mineral Aktiebolag (“Boliden”) concluded an agreement with Korsnäs Aktiebolag (“Korsnäs”), in which Boliden undertook to purchase its entire requirement of electricity for a mining facility. A standard form agreement was attached to the aforementioned agreement. (...)

The Hungarian Competition Authority condemns price concertation, market allocation and bid rigging between undertakings bidding for the construction of a motorway (Betonút, Debmut, Egut, Hidépitõ, Strabag)
McDermott Will & Emery (Brussels)
In the summer of 2002, construction works for a motorway in Hungary were put out to tender by the National Motorway Co. Ltd. The tendering process was made up of two distinct procedures as the first procedure (restricted procedure with invitations) was declared ineffective. The subsequent (...)

The Hungarian Competition Authority condemns two undertakings for cooperation agreement in a public tendering procedure (Construm, Royal Bau)
Université Catholique de Louvain
On 6 June 2004, the Hungarian Competition Authority began proceedings aiming to establish whether two undertakings active in the construction business, Construm and Royal Bau, had infringed Article 11(1) and Article 11 (2) (d) of the Hungarian Competition Act. The Hungarian Competition (...)

Le Conseil de la concurrence hongrois sanctionne une entente à l’occasion d’un appel d’offres public à hauteur de 600 000 € (Baucont/Kész et Középületépít)
McDermott Will & Emery (Brussels)
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Université Catholique de Louvain
Dans sa décision du 18 mars 2004, le Conseil de la concurrence sanctionne - sévèrement ? - une entente entre entreprises du bâtiment à l’occasion d’un marché public pour l’Université de Kaposvár. En 2001, l’Etat hongrois avait lancé un appel d’offres dans le cadre d’un marché public pour la construction (...)

The Hungarian Competition Authority holds undertakings guilty of bid rigging in construction sector (Strabag - Egut - Ring)
Université Catholique de Louvain
The factual backdrop to the present finding of a violation of the Hungarian Competition law entails an enquiry by the Hungarian Competition Authority into anti-competitive conduct, in the form of bid rigging, subsequent to a public procurement tender published by the Direction Metro Project of (...)

The European Commission raises competition concerns about cooperation agreement between French and Italian airlines companies (Air France, Alitalia)
European Commission - DG COMP (Brussels)
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"Aviation: Commission raises competition concerns about co-operation agreement between Air France and Alitalia"* In November 2001, Air France and Alitalia notified to the Commission a number of co-operation agreements and requested an exemption under Regulation 3975/87, the regulation which (...)

Dominance

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

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

Procedures

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

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