Bulletin
Latest News issue: May 2018 - II

Anticompetitive practices

The German Competition Authority fines potato and onion packaging companies for fixing prices (Böhmer / Kuhn)
German Competition Authority (Bonn)
Bundeskartellamt imposes fines totalling 13.2 million euros on potato and onion packaging companies* The Bundeskartellamt has imposed fines totalling 13.2 million euros on two potato and onion packaging companies for fixing prices in their supplies to the Metro group. The companies concerned (...)

The German Competition Authority refers a cartel case against metal packaging manufacturers to the EU Commission
German Competition Authority (Bonn)
Cartel proceeding against metal packaging manufacturers: Bundeskartellamt refers case to the European Commission* As part of the cooperation within the network of European Competition Authorities (ECN), the Bundeskartellamt has referred its ongoing cartel proceeding concerning metal packaging (...)

The Turkish Competition Authority concludes that a price comparison system for advertisers does not violate competition law (Yurddaş)
ACTECON (Istanbul)
Introduction The Turkish Competition Authority (“TCA”) has concluded its investigation against Diye Danışmanlık Eğitim ve Medya Hizmetleri Tic A.Ş.’s (“yurddaş + partners”) Media Barometer services. It is decided that Media Barometer, which is a media performance measurement service that includes a price (...)

The Danish Competition Appeal Tribunal confirms the sanction imposed for cartel on the camping card market (Campingrådet)
Danish Competition and Consumer Authority (Copenhagen)
Horizontal agreements in the framework of Campingraadet* The Danish Competition Appeal Tribunal has upheld the findings of the Danish Competition Council that the horizontal agreements described below, and entered into in the framework of the Danish umbrella organization “Campingrådet”, had as (...)

The Belgian Competition Authority fines equestrian competition organizers for lack of implementation of provisional measures (Fédération Equestre Internationale / GCT / GCL)
Belgian Competition Authority (Brussels)
The Competition College of the BCA imposed penalty payments on the FEI, the SPRL Global Champions League and the SPRL Tops Trading Belgium* The Competition College of the BCA has imposed on 13 April 2018 penalty payments on the Fédération Equestre Internationale, the SPRL Global Champions League (...)

The UK Competition and Markets Authority disqualifies two company directors for their roles in price fixing cartel (Abbott / Frost)
Gowling WLG (London)
The UK Competition and Markets Authority (the ’CMA’) has secured the disqualification of two directors following an investigation into a cartel agreement by six estate agencies in the Burnham-on-Sea area to fix the minimum level of commission fees for the provision of traditional residential (...)

The French Competition Authority carries out unannounced inspections in the road freight transport sector
French Competition Authority (Paris)
The General Rapporteur of the Autorité de la concurrence indicates that unannounced inspections have been carried out in the road freight transport sector* Following authorization from the liberty and custody judge, the Investigation Services of the Autorité de la concurrence have raided (...)

The U.S. District Court for the Northern District of California sets student-athletes’ antitrust case for trial (NCAA)
Rutgers University
On March 28, 2018, the U.S. District Court for the Northern District of California rejected an attempt by the NCAA and 11 conferences to dismiss claims brought by current and former student-athletes playing Division I Football Bowl Subdivision (FBS) football and men’s and women’s Division I (...)

The Turkish Competition Board fines a compagny for bringing a restraint through internet sales which exceeds objective of preventing the sales to be made by the non-authorized resellers (Jotun)
Turkish Competition Authority (Ankara)
This case note analyses the Turkish Competition Board’s (Board) JOTUN decision dated 15.02.2018 with No.18-05/74-40; regarding the prohibition of Internet Sales in selective distribution system. In the recently published reasoned decision of JOTUN case, it is stated that in the selective (...)

Unilateral Practices

The Italian Competition Authority fines two major ferry operators for abuse of dominance in the maritime transport market (CIN-Moby)
Desogus Law Office (Cagliari)
The Italian Competition Authority (ICA) has closed by an infringement decision an Article 102 TFEU investigation against two major ferry operators, Compagnia Italiana di Navigazione (CIN) and Moby Spa (Moby), in the Case A487, Compagnia Italiana di Navigazione-Trasporto marittimo delle merci (...)

Mergers

The German and Austrian Competition Authorities submit for public consultation a joint draft guidance paper on the application of the new transaction value threshold in merger control
German Competition Authority (Bonn)
Joint guidance on new transaction value threshold in German and Austrian merger control submitted for public consultation* he Bundeskartellamt and the Austrian Federal Competition Authority have today submitted for public consultation a joint draft guidance paper on the application of the new (...)

The UK Administration amends jurisdictional thresholds for changes in control over businesses that are active in certain specific sectors
Simmons & Simmons (London)
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Simmons & Simmons (London)
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Simmons & Simmons (London)
On 14 May 2018, the Enterprise Act 2002 (Turnover Test) (Amendment) Order 2018 (SI 2018/593) and Enterprise Act 2002 (Share of Supply Test) (Amendment) Order 2018 (SI 2018/578) were published. These amend the jurisdictional thresholds set out in section 23 of the Enterprise Act 2002 (the Act) (...)

The EU Commission clears a merger subject to remedies in the steel wheels manufacturing market (Mefro Wheels / Accuride)
DG COMP (Brussels)
Mergers: Commission approves acquisition of Mefro Wheels by Accuride, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the acquisition of steel wheels manufacturer Mefro Wheels by its competitor Accuride. The decision is conditional on the divestment (...)

The EU Commission clears a merger subject to remedies on the seeds, pesticides and digital agriculture market (Bayer’s Crop Science / BASF)
DG COMP (Brussels)
Mergers: Commission clears acquisition of parts of Bayer’s Crop Science business by BASF, subject to conditions* The European Commission has conditionally approved under the EU Merger Regulation the acquisition of parts of Bayer’s Crop Science business by BASF. This transaction is related to the (...)

The French Competition Authority clears a merger on the online advertising market (Aufeminin / TF1)
French Competition Authority (Paris)
Online advertising* The Autorité de la concurrence clears the acquisition of Aufeminin by TF1 On 16 March 2018, TF1 notified the Autorité de la concurrence of its acquisition of sole control of Aufeminin. Following the consultation of competitors and TF1’s clients along with an analysis of the (...)

The French Competition Authority clears two separate mergers in the footwear distribution market (Sarenza / Monoprix and André / Spartoo)
French Competition Authority (Paris)
Footwear distribution* The Autorité de la concurrence clears two separate acquisitions but which raise similar questions: Sarenza by Monoprix (Casino group) André by Spartoo On 16 March Monoprix, and subsequently on 4 April 2018, Spartoo notified the Autorité de la concurrence of two distinct (...)

State Aid

The EU Court of Justice puts an end to proceedings concerning a measure of support for the development of digital television in a region of Spain (Cellnex)
Arendt & Medernach (Luxembourg)
By judgment on April 26, 2018, the Court of Justice put an end to proceedings concerning a measure of support for the development of digital television in a region of Spain with a low level of urbanisation. As a result of this judgment, the development in question cannot be considered a SGEI (...)

The EU Commission approves the compensation provided by the UK to the incumbent postal operator for the extra costs of the public services it provides for the 2018 - 2021 period (Post Office Limited)
College of Europe (Bruges)
Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

Procedures

The US DOJ Antitrust Division names new deputy assistant attorney general for criminal enforcement
Skadden, Arps, Slate, Meagher & Flom (Washington DC)
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Skadden, Arps, Slate, Meagher & Flom (Washington DC)
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Skadden, Arps, Slate, Meagher & Flom (Washington DC)
Richard A. Powers has recently joined the Department of Justice (DOJ) Antitrust Division as the acting deputy assistant attorney general (DAAG) for criminal enforcement and is expected to take on the role permanently. This is important because Mr. Powers will serve as the Antitrust Division’s (...)

The Chinese Government establishes the State Administration for Market Regulation (SAMR) combining the antitrust enforcement responsibilities of the previous Price Supervision and Antimonopoly Bureau of the National Development and Reform Commission, the Antimonopoly Bureau of the Ministry of Commerce and the Antimonopoly and Anti-unfair Competition Bureau of the State Administration of Industry and Commerce
Jones Day (Beijing)
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Jones Day (Beijing)
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Jones Day (Beijing)
China recently established the State Administration for Market Regulation ("SAMR"), which combines the antitrust enforcement responsibilities of the previous Price Supervision and Antimonopoly Bureau of the National Development and Reform Commission ("NDRC"), the Antimonopoly Bureau of the (...)

Regulatory

The French Competition Authority issues an opinion that clarifies the conditions for application of competition law in the agricultural sector
French Competition Authority (Paris)
Agricultural sector* Following a referral by the government, the Autorité de la Concurrence has issued an opinion that clarifies the conditions for application of competition law in the agricultural sector Background During the French National Food Conference (États généraux de l’alimentation), (...)

The French Competition Authority launches a public consultation in order to prepare the new opinion on the freedom of establishment for notaries
French Competition Authority (Paris)
Freedom of establishment for notaries* In compliance with the Law of 6 August 2015 for Growth, Activity and Equal Economic Opportunities (known as the “Macron Law”), the Autorité de la concurrence launches a public consultation in order to prepare the new Opinion on the freedom of establishment (...)

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