Van Bael & Bellis (Brussels)

Van Bael & Bellis is a leading independent law firm based in Brussels and London with an office in Geneva. Established in 1986, the firm houses a multinational team of lawyers who regularly advise a diverse group of clients ranging from multinational corporations and government bodies to international trade associations and international law firms. Since VBB’s inception, they have developed a reputation as one of the most skilful teams of lawyers in their practice areas centred in Europe with a global reach. With more than 70 lawyers coming from 20 different countries, they offer their clients the support of a highly effective team of professionals with multi-jurisdictional expertise and an international perspective. Van Bael & Bellis is well known for their client-centred approach, commitment to excellence and extensive expertise in EU and national competition law, EU trade and customs law, EU regulatory law as well as Belgian business law. Their expertise is focused and specific, resulting in deep experience within our specialisations.

Review

Jean-François Bellis, Jose Maria Beneyto Pérez Reviewing vertical restraints in Europe: Reform, key issues and national enforcement, Jean-François BELLIS and José-Maria BENEYTO

September 2012 104

This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)

Jean-François Bellis, Porter Elliott Merger Control (ed.3), Jean-François BELLIS and Porter ELLIOTT

November 2017 104

Marc van der Woude, Jean-François Bellis Marc van der Woude (GCEU): The reform of the General Court for a better and faster judicial review

May 2020 1028

The reform of the General Court of the European Union foreseen by Regulation 2015/2422 was completed in September 2019. With the doubling of the number of its judges, the General Court is in a situation to ensure that even the most complex cases are dealt with efficiently, coherently and in a (...)

Jean-François Bellis, Valérie Lefever Commitments : The General Court of the European Union finds that a letter and e-mails from the European Commission interpreting commitments previously made binding do not constitute measures against which an action for annulment may be brought under Article 263 of the Treaty on the Functioning of the European Union (1&1 Telecom ; Multiconnect ; Mass Response Service)

9 October 2018 326

On 9 October 2018, the Court of First Instance of the European Union (the "CFI") declared inadmissible the actions brought by three companies against four e-mails and one letter from the Commission concerning the commitments made binding in the context of the decision of 2 July 2014 (...)

Jean-François Bellis, Valérie Lefever Exclusive control: The European Commission authorises a multi-national conglomerate operating in the telecommunications sector to takeover the exclusive control of a joint venture it previously had joint control on, subject to assume full responsibility for complying with the commitments submitted when the European Commission authorised the creation of the joint venture (Hutchison / Wind Tre)

31 August 2018 281

On 31 August 2018, the European Commission authorised Hutchison to acquire sole control of Wind Tre, previously jointly controlled by Hutchison and VEON, on condition that Hutchison would resume compliance with the commitments that were a condition for the authorisation of the joint venture in (...)

Jean-François Bellis, Valérie Lefever Telecommunications: The European Commission authorizes a mobile service telecommunications provider to take over a fix telecommunications service provider in Austria, considering that there activities differ both and as a result are not closely competing (T-Mobile Austria / UPC Austria)

9 July 2018 111

On 9 July 2018, following a preliminary examination ("Phase I"), the European Commission approved the acquisition of UPC Austria by T-Mobile Austria. Both companies provide telecommunications services in Austria. UPC offers mainly fixed services (with, however, limited activities as a mobile (...)

Jean-François Bellis, Valérie Lefever Standstill obligation: The Court of Justice of the European Union recalls that a merger is only subject to notification when there is a change of control of the targeted undertaking, with the result that a cooperation agreement may be denounced before the notification of the operation and before it’s clearance by competition authorities (EY / KPMG)

31 May 2018 1302

On 31 May 2018, the Court of Justice of the European Union (the "Court") had the opportunity to clarify the scope of the standstill obligation included in Article 7(1) of Regulation 139/2004 of 20 January 2004 on the control of concentrations between undertakings, i.e. the prohibition to (...)

Jean-François Bellis, Valérie Lefever Exemption: The General Court of the European Union partially annuls a decision of the European Commission rejecting the request to get a waiver on fare commitments Imposed in a previous merger decision considering first that the European Commission did not take into account the whole parameters and factors at stake and second that the matters relied on in the contested decision were not capable of justifying the rejection of the waiver request (Lufthansa)

16 May 2018 460

On 16 May 2018, the General Court of the European Union (the "General Court") partially annulled the European Commission’s decision of 25 July 2016 rejecting the request of the German airline Deutsche Lufthansa AG (hereinafter "Lufthansa") to be exempted from the tariff commitments to which it (...)

Jean-François Bellis, Valérie Lefever Gun jumping: The European Commission imposes a fine of EUR 125,5 million to a multinational cable and telecommunications company based in the Netherlands for implementing its acquisition of the Portuguese telecommunications operator before notification or approval by the European Commission (Altice / PT Portugal)

24 April 2018 303

On April 24, 2018, the European Commission announced that it had imposed a fine of €124.5 million on the Dutch group Altice for having acquired the Portuguese telecommunications and multimedia operator PT Portugal prior to the notification of this concentration and its clearance by the (...)

Jean-François Bellis, Valérie Lefever Duty to state reasons: The General Court of the European Union annuls a Commission decision clearing the acquisition of a Dutch cable operator by an international group of telecommunications for failure to state adequate reasons (KPN)

26 October 2017 233

On October 26, 2017, the Court of First Instance of the European Union annulled a 2014 decision by which the European Commission authorized Liberty Global to acquire the Dutch cable operator Ziggo, subject to compliance with commitments. Liberty Global is an international group of cable (...)

Jean-François Bellis, Valérie Lefever Gun jumping: The General Court of the European Union upholds a Commission decision imposing a EUR 20 million fine on a Norwegian company for implementing a concentration without prior notification or authorisation (Marine Harvest)

26 October 2017 452

In a judgment of October 26, 2017, the European Court of First Instance confirmed the European Commission’s decision of July 23, 2014 to impose a fine of €20 million on the Norwegian fish farming company Marine Harvest for having acquired the Norwegian salmon producer Morpol in December 2012 (...)

Jean-François Bellis Misleading information: The European Commission fines an undertaking operating a social network due to incorrect or misleading information provided during the examination of its acquisition of a consumer communications services company (Facebook)

18 May 2017 229

The European Commission has sanctioned Facebook, owner of the social network of the same name, for providing "inaccurate or misleading" information during the Commission’s review of Facebook’s plans to acquire the consumer messaging application WhatsApp. This is the first time that the (...)

Jean-François Bellis Full-function joint venture: The Advocate General Kokott considers that an operation seeking to transform an undertaking, which was under control of one group, under common control of two groups does constitute a merger under regulation EC n° 139/2004 only if the joint venture can qualify as a full-function joint venture (Austria Asphalt)

27 April 2017 308

Advocate General Juliane Kokott has delivered her Opinion in the first preliminary ruling in the merger control proceedings. This concerns the material scope of application of the EC Merger Regulation 139/2004 ("the EC Merger Regulation") and more particularly the concept of full-function (...)

Jean-François Bellis, Valérie Lefever Commitments: The European Commission, following an in-depth review, clears a merger between two American groups active in crop protection and seeds, subject to structural commitments aiming at maintaining price competition and innovation for pesticides (Dow / DuPont)

27 March 2017 261

On 27 March 2017, following an in-depth Phase II review, the European Commission cleared the merger between the US groups Dow and DuPont, subject to compliance with commitments made by the parties. Dow is the parent company of the eponymous American group. It is active in the plastics, (...)

Jean-François Bellis, Valérie Lefever Commitments : The European Commission authorises takeover of a social network operator by a manufacturer of management software solutions, subject to conditions aiming at preserving competition between professional social networks (Microsoft / LinkedIn)

6 December 2016 280

The European Commission has conditionally approved Microsoft’s acquisition of the LinkedIn professional social network. The conditions attached to this clearance were linked to the Commission’s concerns that the transaction would allow Microsoft to use the strong position of its Windows (...)

Jean-François Bellis, Valérie Lefever Shipping consortium: The European Commission approves container liner shipping merger, providing that the target company withdraws its participation from a consortium on the trade routes between Northern Europe and North America (Hapag-Lloyd / UASC)

23 November 2016 284

The European Commission has authorised the container liner shipping company Hapag-Lloyd to acquire one of its competitors, United Arab Shipping Company (UASC), on condition that UASC withdraws from the NEU1 consortium. Consortia, or alliances, are co-operative agreements between maritime (...)

David Hull Slot divestitures : The EC refines its analysis of relevant markets in the airline sector and accepts slot divestitures with grandfathered rights as remedy (Lufthansa/SN Airholdings)

30 October 2016 2004

– Eur. Commission, 22 June 2009, Lufthansa/SN Airholdings, Case COMP/M.5335 On 22 June 2009, the European Commission approved the acquisition by Deutsche Lufthansa AG (“Lufthansa”) of SN Airholding SA/NV, the holding company of SN Brussels Airlines (“SN Brussels”), subject to commitments. (...)

Jean-François Bellis, Valérie Lefever Joint Venture : The European Commission clears a merger between mobile network operators in Italy providing that they allow a fourth operator to join the market (Hutchison 3G Italy / WIND / JV)

1 September 2016 262

After an in-depth investigation, the European Commission has conditionally authorised the telecommunications companies Hutchison and VimpelCom to merge their Italian subsidiaries H3G and WIND into a single joint venture. Both Hutchison and VimpelCom are active in the retail market for mobile (...)

Jean-François Bellis Sale of assets to preserve innovation: The European Commission clears the acquisition of energy business by a multinational conglomerate company subject to divestment of innovative assets (General Electric / Alstom)

8 September 2015 239

Following an in-depth (Phase II) investigation, the European Commission has conditionally approved the purchase by the US conglomerate General Electric of the power generation activities of the French multinational Alstom, subject to conditions. The businesses divested by Alstom relate to (...)

Bruno Lasserre, Jean-François Bellis, Jed Saul Rakoff, Wouter Wils Commitment decisions: Tool of choice or poison for antitrust enforcement? (New Frontiers of Antitrust, 15 June 2015, Paris)

September 2015 959

This first roundtable of the “New frontiers of Antitrust” conference, Paris, 15 June 2015, was dedicated to the commitment decisions as « tool of choice or poison » for antitrust enforcement. After an introduction of Bruno Lasserre, President of the French Competition Authority describing the (...)

Jean-François Bellis Article 102 TFEU: The case for a remedial enforcement model along the lines of Section 5 FTC Act

February 2013 523

In his writings, Bill Kovacic has made the case for applying more widely Section 5 of the FTC Act in US antitrust enforcement, and in particular vis-à-vis dominant firms. Among other things, Bill advocates that Section 5 should be enforced independently of Section 2 of the Sherman Act and (...)

David Hull Commitments - Joint venture: The European Commission clears a joint venture between three companies for security solutions for mobile devices subject to commitments (ARM/Giesecke & Devrient ; Gemalto/JV)

6 November 2012 218

Comm. eur. dec. art.6, § 1 (b) and art. 6, § 2, R. 139/2004 of 6 November 2012, ARM c/ Giesecke & Devrient/Gemalto c/ JV Trustonic: From the false start to the finish line ---- Mid-December 2012 saw the launch of Trustonic, the joint venture created by ARM, Gemalto and Giesecke & (...)

David Hull Horizontal and vertical effects: The European Commission unconditionally clears a joint venture in the retail business in airports (Aelia/Aéroports de Paris/JV)

16 February 2012 525

Eur. Comm, dec. art. 6, §1 (b), Reg. 139/2004, 20 October 2011, Aelia/Aéroports de Paris/JV, case COMP/M.6263 On 20 October 2011, the European Commission gave the go-ahead for the creation of a joint venture between Aelia (controlled by the Lagardère Group) and Aéroports de Paris ("ADP") for (...)

David Hull Horizontal overlaps: The European Commission unconditionally clears the acquisition of sole control of a German milk producer by a Danish cooperative (Arla Foods/Allgäuland)

16 February 2012 294

Eur. Comm. dec. art. 6, §1 (b), Reg. 139/2004, 7 November 2011, Arla Foods/Allgäuland, case COMP/M.6348 Arla, a Danish dairy cooperative, active in the production and sale of several dairy products, has the ambition to become one of the leaders in the German dairy market. It is with this in (...)

Jean-François Bellis The last word is always to the defendant

February 2012 885

The European Court of Human Rights and the Court of Justice of the European Union have clarified in two decisions the relationship between administrative competition proceedings and fundamental rights. The Strasbourg Court holds that an administrative authority, which is not an independent and (...)

David Hull Vertical and conglomerate assessments: The European Commission examines potential vertical foreclosure issues in media sector (News Corp/BSkyB)

21 December 2010 646

Comm. eur., 21 décembre 2010, News Corp/BSkyB, aff. COMP/M.5932 By its decision of 21 December 2010, the European Commission cleared News Corp’s proposed acquisition of the remaining 60.86 % of the shares in BSkyB that it did not already own. The transaction will bring together Rupert (...)

David Hull Phase II - Risk of non coordinated effects: The European Commission conditionally clears an acquisition in the body care sector after in-depth investigation (Unilever, Sara Lee Body Care)

17 November 2010 216

Comm. eur. 8, §2, R.139/2004, of 17 November 2010, Unilever/Sara Lee Body Care, case COMP/M.5658 The European Commission published on 27 January 2012 its decision on the acquisition by Unilever of the personal care business of Sara Lee. It gave its approval subject to conditions on 17 (...)

Andreas Reindl The new US horizontal merger guidelines: International divergence in merger review?

December 2010 1906

One of the most controversial aspects in the recently adopted U.S. horizontal merger guidelines has been the “downgrading” of market definition and market shares in the analysis of differentiated products mergers. Observers have argued that the guidelines not only create too much agency (...)

David Hull Relevant Market – Commitments : The European Commission refines its market definition for finished dose pharmaceuticals and clears an acquisition in this sector subject to commitments (Teva / Ratiopharm)

3 August 2010 1637

– Eur. comm., dec. art. 6(2) Reg. 139/2004, 3 August 2010, Teva/Ratiopharm, case COMP/M.5865 On 3 August 2010, the European Commission cleared, subject to conditions and obligations, the acquisition by Teva Pharmaceutical Industries Limited («Teva») of Merckle GmbH, CT Arzneimittel GmbH and (...)

David Hull Referrals From Member States: The European Commission accepts referral requests under Article 22 Reg. 139/2004 (Procter & Gamble/Sara Lee Air Care)

17 June 2010 1221

– Eur. comm., 17 June 2010, Procter & Gamble/Sara Lee Air Care, case COMP/M.5828 On 17 June 2010, the European Commission approved Procter & Gamble’s acquisition of Sara Lee’s air care business. Procter & Gamble is a U.S. corporation that develops, manufactures, markets and (...)

David Hull Merger clearance - Remedies: The European Commission unconditionally clears a merger on the database market after self-enforcing public pledges alleviating competition concerns (Oracle/Sun Microsystems)

21 January 2010 1473

Eur. Comm, 21 January 2010, Oracle/Sun Microsystems, case COMP/M.5529 By its decision of January 21, 2010, the European Commission cleared the acquisition of the US software and hardware vendor Sun Microsystems by the US database company Oracle after a phase 2 procedure, approving what could (...)

David Hull Phase I clearance: The European Commission confirms prior approach to market definition for human health pharmaceuticals (Merck/Schering Plough)

22 October 2009 1557

Eur. Comm, 22 October 2009, Merck/Schering Plough, case COMP/M.5502 On October 22, 2009, the European Commission approved the acquisition of the US pharmaceutical company Schering-Plough by Merck, another US pharmaceutical company. This decision mainly concerns the sector of pharmaceuticals (...)

Anthony Dawes, David Hull, Geneviève Wibaux, James Killick, Nicolas Petit The outcome of the EC pharmaceutical sector inquiry

September 2009 4908

On 8 July 2009, the European Commission’s released its long-awaited Final Report on its Pharmaceutical Sector Inquiry. The Final Report suggests that the shortcomings of the regulatory framework are a key explanatory factor for delayed generic entry and limited innovation. Meanwhile the Final (...)

David Hull Segmentation of products markets: The French Competition Authority unconditionally clears a merger where, despite a strong market share in a market devoid of brand recognition, significant countervailing buyer power would effectively hinder any anticompetitive unilateral effects (LDC Traiteur/Marie)

22 July 2009 2640

Dec. 09-DCC-048 of September 22, 2009, regarding the acquisition by LDC Traiteur of Marie Marie, a company specializing in the production and distribution of food products. By a decision of 22 September 2009, the French Competition Authority (hereinafter ’the Authority’) authorised, without (...)

David Hull Pharmaceutical sector: The European Commission considers generic competition and pipeline products in the human-health pharmaceutical sector (Pfizer/Wyeth)

17 July 2009 2166

– Eur. Commission, 17 July 2009, Pfizer/Wyeth, Case COMP/M.5476 On 17 July 2009, the European Commission approved the acquisition by Pfizer Inc. USA (“Pfizer”) of Wyeth USA. In its decision, the Commission identified substantial horizontal overlaps in the parties’ human health pharmaceutical (...)

David Sevy, Jean-François Bellis, Jorge Padilla, Valérie Rabassa DG COMP Reform: An assessment

May 2007 9737

In 2003 and 2004, the European Commission made a series of significant reforms both to Community competition law and DG Competition. The legislative reforms were accompanied by equally far-reaching internal reforms to the organisation and procedures within DG Competition. This set of three (...)

Bulletin

Foreword

Catherine Gordley, David Hull Gun jumping in Europe: An overview of EU and national case law

11 January 2018 2683

In the last few years, the European Commission and national competition authorities have demonstrated an increased interest in investigating and punishing gun jumping. This development is part of a broader effort by the Commission to tighten its review of compliance with procedural aspects of the EU’s merger control regime.

Damien Geradin, Michael Clancy Anticompetitive practices in the pharmaceutical sector: An overview of EU and national case law

3 June 2014 1038

For those following the headlines in the pharmaceutical sector, you will be well aware that the competition authorities in Europe are aggressively prosecuting companies for practices that restrict entry by generic suppliers. Headline cases in the last year include the European Commission’s (...)

Jean-François Bellis Legal privilege: An overview of EU and national case law

26 October 2011 900

Since 1982, the year in which the Court of Justice recognized the existence of a legal professional privilege in EU law in its AM & S judgment, this issue has been a source of debate as well as frustration within legal and business circles in the EU in view of the limitations to the scope (...)

Australia

Porter Elliott The Austrian Competition Authority grants request to amend commitments undertaken as part of a merger previously cleared in the market for free TV and advertisement (Puls 4 / ATV)

26 March 2020 115

On 26 March 2020, the Austrian Federal Competition Authority (“FCA”) granted a request to amend the commitments in the market for free TV and television advertising undertaken as part of a merger cleared in 2017. The FCA had cleared the acquisition by Austrian-based ProSiebenSat.1Puls 4 GmbH (...)

Austria

Rebecca Halbach, Steve Ross The Austrian Supreme Court denies that a licensor infringed Article 101 TFEU as defendant on the grounds that intention to seal off national markets was unproven (Sky)

25 January 2022 49

In its judgment of 25 January 2022, the Austrian Supreme Court granted a request by Sky, a pay-tv provider holding an exclusive licence for the broadcasting of UEFA Champions League football matches in Austria, to prohibit an inn in Austria from showing such games via a third-party pay-tv (...)

Michael Clancy, Samuel Hall, Peter L’Ecluse, Catherine Longeval, Koen T’Syen The Austrian Competition Authority accepts commitments and closes its pharmaceutical pricing investigation on the sale of a brain tumor treatment (Merck Sharp / Dohme)

2 April 2021 654

On 2 April 2021, the Austrian competition authority accepted commitments and closed its case concerning pricing strategies alleged to unlawfully hinder entry by generic competitors. According to the authority’s press release, the investigated pricing strategy concerned the product Temodal (...)

Rebecca Halbach The Austrian Government plans to reverse amendments to the Occasional Traffic Act to increase competition, consumer choice, and innovation in the taxi and private hire car markets

18 November 2020 109

As previously reported in this Newsletter, in September 2020 the Austrian Federal Competition Authority (“AFCA”) published the results of a sector inquiry into the taxi and private hire car market. The AFCA found that certain planned amendments to the Occasional Traffic Act (“AOTA”) would (...)

Margot Vogels, Andreas Reindl The Austrian Competition Authority finishes its comprehensive sector inquiry into the taxi and private hire car market

24 September 2020 74

On 24 September 2020, the Austrian Federal Competition Authority (the “FCA”) published its final report on the sector inquiry into the taxi and private hire car market (the “Report”). The comprehensive sector inquiry was launched in September 2019 to ascertain the effects of amendments to the (...)

Andrzej Kmiecik, Helga Gudmundsdottir The Austrian Cartel Court finds a musical instruments maker to have engaged in resale price maintenance (Roland Germany)

24 September 2020 109

According to a press release issued by the Austrian Federal Competition Authority (“FCA”), the Austrian Cartel Court ruled on 24 September 2020 that musical instruments maker Roland Germany GmbH (“Roland Germany”) had violated the competition rules by entering into agreements fixing minimum (...)

Katharina Bongs The Austrian Competition Authority approves a proposed merger in the brewery industry subject to conditions (Fohrenburg / Brau Union)

27 August 2020 112

On 27 August 2020, the Austrian Federal Competition Authority (“FCA”) announced its conditional approval of the acquisition of 63% of the shares and sole control of the brewery company Fohrenburg Beteiligungs-Aktienge- sellschaft (“Fohrenburg”) by Austria’s largest brewery, Brau Union (...)

Andrzej Kmiecik The Austrian Cartel Court clarifies the calculation method for domestic turnover thresholds and imposes a €100,000 fine on a car parts manufacturer for failing to notify its acquisition (Castanea Rubra / Neue Halberg)

4 August 2020 113

On 4 August 2020, the Austrian Cartel Court published a decision dated 13 February imposing a € 100,000 fine on Castanea Rubra Assets GmbH (“Castanea Rubra”) for failing to notify its acquisition of 94% of shares in Neue Halberg Guss GmbH (“Neue Halberg”) in 2018. This failure to notify (...)

Porter Elliott The Austrian Competition Authority announces that retrospective notification of an acquisition is a violation of the notification requirements and subject to fines (Castanea Rubra / Neue Halberg)

27 March 2020 106

On 27 March 2020, the Austrian Federal Competition Authority (“FCA”) announced that, pursuant to its request, the Cartel Court had imposed a fine of € 100,000 on Castanea Rubra Assets GmbH. Castanea Rubra Assets GmbH had acquired 94% of the shares of German-based car parts manufacturer Neue (...)

Tim Kasten The Austrian Competition Authority and the German Competition Authority close their respective abuse of dominance investigations after the company committed to changing contract terms (Amazon)

17 July 2019 507

On 17 July 2019, the Austrian Federal Competition Authority and the German Federal Cartel Office closed their respective abuse of dominance investigations against Amazon, after Amazon committed to changing contract terms. Throughout the years 2017 and 2018, both competition authorities had (...)

Porter Elliott The Austrian Competition Authority conditionally clears a merger in the hardware and software sector (Carl Zeiss / GOM)

13 June 2019 276

On 13 June 2019, the Austrian Federal Competition Authority cleared the acquisition of GOM, a supplier of hardware and software for automated 3D-coordinate metrology, by Carl Zeiss, a technology company in the optical and optoelectronic industry. The clearance is subject to commitments. Among (...)

Porter Elliott The Austrian and German Competition Authorities publish joint draft guidance on new filing thresholds

14 May 2018 379

On 14 May 2018, the German Federal Cartel Office (“FCO”) and the Austrian Federal Competition Authority (“FCA”) published for public consultation joint draft guidance on the newly introduced transaction value merger filing thresholds in Austria and Germany. By way of background, in May 2017, (...)

Tim Kasten The Austrian Supreme Court rules on exclusive purchase obligation in the liquefied gas market

1 December 2015 486

In a judgment issued on 1 December 2015, the Austrian Supreme Court (the “Court”) confirmed the ruling of the Higher Regional Court of Vienna, which had dismissed a request by the Austrian Cartel Authority (“ACA”) to prohibit five liquefied gas suppliers from imposing an exclusive purchase (...)

Andrzej Kmiecik The Austrian Supreme Court of Justice increases the fine against a food retailer after upholding an earlier finding of illegal pricing agreements relating to dairy products (Spar)

8 October 2015 538

On 8 October 2015, the Austrian Supreme Court of Justice (the “Supreme Court”) increased the fine against Spar, a food retailer, from € 3 million to € 30 million after upholding an earlier finding of illegal pricing agreements relating to dairy products. On 26 November 2014, the Higher (...)

Tim Kasten The Austrian Cartel Court rejects Federal Competition Authority’s request to prohibit alleged abuse of market power by radio taxi providers

27 September 2012 134

On 27 September 2012, the Austrian Cartel Court (“the Court”) issued a press release announcing that it had rejected a request by the Austrian Federal Competition Authority (“FCA”) to prohibit an alleged abuse of market power on the part of the only two radio taxi providers operating in (...)

Andrzej Kmiecik The Austrian Supreme Court hands down second ruling on non-compete clauses in rental contracts for commercial premises (Europark)

12 December 2011 236

In a published judgment of 12 December 2011, the Austrian Supreme Court upheld an earlier judgment of the Higher Regional Court of Vienna that had dismissed a claim seeking the annulment of non-compete obligations imposed by the operator of a shopping centre (the Europark) on its tenants (...)

Richard Burton The Austrian Cartel Court terminates cartel proceedings on the basis of earlier de minimis ruling (Austrian transport industry)

24 February 2011 291

According to a press release of 24 February 2011, the Austrian Competition Authority (“ACA”) will appeal against a decision of the Austrian Cartel Court terminating proceedings against 40 transport companies that allegedly engaged in a cartel. In February 2010, the ACA had submitted a (...)

Porter Elliott The Austrian Competition Authority clears a merger between food wholesalers subject to pricing commitments (Pfeiffer / Nussbaumer)

1 January 2011 207

According to a recent press-release, the Austrian Competition Authority cleared a merger between two competing food wholesalers, subject to pricing commitments. The Competition Authority held that the transaction, as initially notified, would give rise to competition concerns because the (...)

Porter Elliott The Austrian Cartel Court imposes fine for gun-jumping

22 June 2010 348

According to a press release of the Austrian Competition Authority of 22 June 2010, the Austrian Cartel Court has imposed a fine of € 5,000 on a company belonging to an international group of companies that had put a concentration into effect without prior notification to the Austrian (...)

Porter Elliott The Austrian Competition Authority conditionally clears joint venture between oil companies (BP / Shell / OMV)

23 September 2009 360

According to a recent press release, the Austrian Competition Authority has conditionally cleared a proposed joint venture between oil companies BP, Shell and OMV. The joint venture provides refuelling services at Salzburg airport, but does not itself sell fuel (this is done separately by the (...)

Sean Gerlich, Tim Kasten The Austrian Higher Cartel Court re-examines margin squeeze case against the incumbent telecommunication operator (Telekom Austria)

6 March 2009 266

According to a press release of 6 March 2009, the Austrian Higher Cartel Court has referred a case involving an allegation of margin squeeze by Telekom Austria TA AG back to the Austrian Cartel Court. The case concerns Telekom Austria‘s “KombiP2007” package offer of bundled internet, mobile (...)

Richard Burton The Austrian Competition Authority fines six driving schools for price-fixing (Arbeiterkammer)

September 2008 137

The Austrian Competition Authority has recently imposed fines of € 70,000 on six driving schools in Innsbruck for price-fixing. One driving school owner could benefit from full immunity under the Austrian leniency programme. The information prompting the proceedings came from the (...)

Sean Gerlich, Tim Kasten The Austrian Supreme Court finds that promotional giveaway is not predatory pricing

8 April 2008 186

In a recently published decision of 8 April 2008, the Austrian Supreme Court assessed whether a newspaper undertaking involved in distribution abused its dominant position by offering a motorway permit sticker for free with new subscriptions. The undertaking, dominant on the Austrian market (...)

Sean Gerlich, Tim Kasten The Austrian Cartel Court accepts commitments in the jet fuel market (OMV)

3 April 2008 239

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

Richard Burton The Austrian Supreme Court imposes a fine for not complying with its obligation to give information to the Competition Authority

13 February 2008 114

In a decision of 13 February 2008, the Austrian Supreme Court imposed a fine of € 120,000 on an undertaking in the foodstuffs sector for not complying with its obligation to give information to the Austrian Competition Authority. In the course of the investigation by the Authority, the (...)

Belgium

Catherine Longeval, Michael Clancy, Peter L’Ecluse, Koen T’Syen The Belgian Competition Authority publishes its annual report and enforcement priorities

20 July 2023 76

On 20 July 2023, the Belgian Competition Authority published its annual report for 2022 and enforcement priorities for 2023. The following points are noteworthy: The BCA reorganised itself in 2022, with the creation of two separate practices (one for merger control and the other to prosecute (...)

Catherine Longeval, Michael Clancy, Peter L’Ecluse, Koen T’Syen The Belgian Competition Authority confirms its jurisdiction to review mergers between hospitals and grants a partial derogation from the standstill obligation

14 July 2023 50

On 14 July 2023, the Belgian Competition Authority (Belgische Mededingingsautoriteit / Autorité belge de la Concurrence – the BCA) published a note confirming that it was competent to review mergers and acquisitions between hospitals under the Belgian merger control regime (the Note). In a (...)

Catherine Longeval, Michael Clancy, Peter L’Ecluse, Koen T’Syen The Belgian Competition Authority sends a Statement of Objections to a private security provider for bid rigging, exchanging information and price fixing (G4S / Securitas / Seris)

6 July 2023 107

On 6 July 2023, the Belgian Competition Authority (Belgische Mededingingsautoriteit / Autorité belge de la Concurrence – the BCA ) sent a Statement of Objections to the three main market players in the private security sector, namely G4S, Securitas and Seris. This is a significant step in an (...)

Catherine Longeval, Michael Clancy, Koen T’Syen, Peter L’Ecluse The Belgian Competition Authority sends a Statement of Objections to two betting companies for an alleged anticompetitive agreement in the Belgian horse racing sector (Ladbrokes / PMU)

3 July 2023 65

On 3 July 2023, the Belgian Competition Authority (Belgische Mededingingsautoriteit / Autorité belge de la Concurrence – the BCA ) sent a Statement of Objections to Pari-Mutuel Urbain ( PMU ), Derby and Tiercé Ladbroke. The BCA suspects these firms of having entered into anticompetitive (...)

Catherine Longeval, Michael Clancy, Koen T’Syen, Peter L’Ecluse The Belgian Competition Authority confirms the use of data room in merger control proceedings (Ter Beke / Colruyt)

29 June 2023 69

On 29 June 2023, the Belgian Competition Authority (Belgische Mededingingsautoriteit / Autorité belge de la Concurrence – the BCA ) announced in a press release the confirmation of the competition prosecutor’s decision regarding the creation of a data room in the second phase merger (...)

Peter L’Ecluse, Valérie Lefever The Brussels Markets Court of Appeal declares an appeal in a case involving the national football association moot following a Supreme Court judgment (Virton / RBFA)

28 June 2023 62

On 28 June 2023, the Markets Court of the Brussels Court of Appeal (Marktenhof / Cour des marchés – the Markets Court) declared an appeal against a decision of the Competition College (Mededingingscollege / Collège de la Concurrence) of the Belgian Competition Authority (Belgische (...)

Catherine Longeval, Michael Clancy, Peter L’Ecluse, Koen T’Syen The Belgian Competition Authority applies the abuse of dominance provisions to a non-notifiable takeover by a telecommunications operator and issues interim measures (Proximus / EDPnet)

22 June 2023 586

The Belgian Competition Authority (BCA) continued its quixotic quest to stop telecommunications operator Proximus from acquiring the assets of near-bankrupt broadband communications service provider EDPnet. Its competition college issued a standstill and hold-separate order requiring Proximus (...)

Valérie Lefever, Andreas Reindl The Brussels Market Court of Appeal rejects a food retailer’s request to annul the approval of a merger between two rivals (Carrefour / Mestdagh / Intermarché)

14 June 2023 57

On 14 June 2023, the Markets Court of the Brussels Court of Appeal (Marktenhof / Cour des marchés – the Markets Court) dismissed the appeal of retailer Carrefour against the decision of the Belgian Competition Authority (Belgische Mededingingsautoriteit / Autorité belge de la Concurrence – the (...)

Peter L’Ecluse, Catherine Longeval, Michael Clancy, Koen T’Syen The Belgian Competition Authority seeks a ’hold separate’ measure to delay the full integration of a merger between two telecoms, one of which is failing, until after the Authority completes its abuse of dominance investigation (Edpnet / Proximus)

21 April 2023 97

Last month, the Belgian Competition Authority ( BCA ) decided to open abuse of dominance proceedings against telecommunications operator Proximus on account of that party’s acquisition of struggling Edpnet (see, Life Sciences News and Insights, 23 March 2023). On 20 April 2023, the BCA’s chief (...)

Koen T’Syen, Viktor Francq The Belgian Supreme Court departs from its own caselaw and confirms the arbitrability of exclusive distribution agreements in landmark judgments (Thibelo / Stölzle-Oberglas)

7 April 2023 142

On 7 April 2023, the Belgian Supreme Court held that the Belgian rules on the unilateral termination of exclusive distribution agreements of indefinite duration, as contained in Articles X.35 through X.40 of the Code of Economic Law (Wetboek van Economisch Recht / Code de droit économique – (...)

Michael Clancy, Catherine Longeval, Peter L’Ecluse, Koen T’Syen The Belgian Competition Authority opens abuse of dominance proceedings over a below thresholds acquisition, in the first case following the Towercast precedent (Proximus / Edpnet)

22 March 2023 354

The Belgian Competition Authority ( BCA ) announced yesterday that it would review the acquisition of Edpnet by telecommunications operator Proximus under the rules prohibiting abusive conduct by dominant companies (see, attached press release). Edpnet supplies broadband communications (...)

Vincent Reijns The Belgian Federal Chamber of Representatives adopts Bill approving cooperation agreement that creates foreign direct investment screening mechanism

9 February 2023 93

On 9 February 2023, the federal Chamber of Representatives adopted a bill (the “Bill”) which approves the cooperation agreement of 30 November 2022 (the “Agreement”) between the federal government, the regional governments and the communities establishing a foreign direct investment (“FDI”) (...)

Michael Clancy, Peter L’Ecluse, Catherine Longeval, Koen T’Syen The Belgian Competition Authority imposes a €2.7M fine on a pharmaceutical company for abusing its dominance by misleading healthcare professionals about the effectiveness of a generic drug competitor (Novartis)

24 January 2023 837

As if on cue, the Belgian competition authority announced on 24 January 2023 new significant developments with regard to their enforcement activities in the pharmaceutical sector. The Belgian Competition Authority (BCA) indicated that it had imposed a fine of EUR 2,782,808 on Novartis for (...)

Valérie Lefever The Belgian Parliament passes a law implementing the ECN+ directive notably reinforcing the leniency program and empowering investigative tools

7 March 2022 186

Belgium implements ECN+ Directive and reforms competition rules On 7 March 2022, a law of 28 February 2022 reforming the Belgian competition rules (“Law”) was published in the Belgian Official Journal. This Law, which will enter into force in the coming days, will implement Directive 2019/1, (...)

Michael Clancy, Peter L’Ecluse, Catherine Longeval, Koen T’Syen The Belgian Competition Authority imposes a fine of €29.8M on a subsidiary and pharmaceutical wholesaler on account of participation in an alleged cartel between 2003 and 2016 (Pharma Belgium-Belmedis / Febelco / CERP)

18 February 2022 347

The Belgian Competition Authority (BCA) announced today that it imposed a fine of EUR 29.8 million on McKesson subsidiary and pharmaceutical wholesaler Pharma Belgium-Belmedis (PBB) on account of that firm’s participation in an alleged cartel between 2003 and 2016 (see, attached press (...)

Valérie Lefever, Peter L’Ecluse The EU Commission approves a Belgian capacity mechanism in the electricity market under EU State aid rules

27 August 2021 442

On 27 August 2021, the European Commission (the Commission) approved under EU State aid rules Belgium’s capacity mechanism (CM), which aims to ensure the security of electricity supply following Belgium’s decision to phase out all nuclear capacity by 2025. The approval follows the opening of (...)

Valérie Lefever, Peter L’Ecluse The Belgian Competition Authority clears a merger between three Brussels-based hospitals to form one group (Cliniques Universitaires de Bruxelles / Institut Jules Bordet / Hôpital Universitaire des Enfants Reine Fabiola)

30 June 2021 175

On 30 June 2021, the Belgian Competition Authority (Belgische Mededingingsautoriteit / Autorité belge de la Concurrence - BCA) cleared a merger between three Brussels-based hospitals: (i) Cliniques Universitaires de Bruxelles - Hôpital Erasme / Universitaire Klinieken Brussel - (...)

Peter L’Ecluse, Valérie Lefever The Brussels Court of Appeal suspends a Competition Authority’s decision that found an infringement and accepted commitments (Caudalie)

30 June 2021 262

On 30 June 2021, the Markets Court (Marktenhof / Cour des marchés) of the Court of Appeal of Brussels (Hof van Beroep te Brussel / Cour d’appel de Bruxelles) suspended commitments made binding by the Belgian Competition Authority (Belgische Mededingingsautoriteit / Autorité belge de la (...)

Valérie Lefever, Peter L’Ecluse The Belgian Government approves a draft bill that will implement the Directive (EU) 2019/633 on unfair trading practices in business-to-business relationships in the agricultural and food supply chain

4 June 2021 226

On Friday 4 June 2021, the Federal Council of Ministers (Ministerraad / Conseil des Ministres) approved a draft bill that will implement Directive (EU) 2019/633 on unfair trading practices in business-to-business relationships in the agricultural and food supply chain. The bill is now being (...)

Valérie Lefever, Peter L’Ecluse The Belgian Competition Authority unconditionally clears the acquisition of mobile telecommunications operator by its competitor (Mobile Vikings / Proximus)

31 May 2021 165

On 31 May 2021, the Competition College (Mededingingscollege / Collège de la concurrence) of the Belgian Competition Authority (Belgische Mededingingsautoriteit / Autorité belge de la Concurrence - BCA) unconditionally cleared the acquisition of mobile telecommunications operator Mobile (...)

Valérie Lefever, Peter L’Ecluse The Belgian Competition Authority imposes a fine on the professional organization of pharmacists on account of an anticompetitive agreement (Ordre des pharmaciens / Orde der Apothekers)

26 March 2021 249

On 26 March 2021, the Belgian Competition Authority (Belgische Mededingingsautoriteit / Autorité belge de la Concurrence - BCA) announced that its Privileged and Confidential Attorney – Client Communication Competition College (Mededingingscollege / Collège de la Concurrence) had imposed a (...)

Valérie Lefever, Peter L’Ecluse The Belgian Government adopts a bill to exclude clinical networking between hospitals from the application of merger control

18 March 2021 213

On 18 March 2021, the federal Chamber of Representatives adopted a bill seeking to exclude the creation of local hospital networks (locoregionaal ziekenhuisnetwerk / réseau hospitalier locorégional) and any subsequent change in their composition from the application of the Belgian merger (...)

Valérie Lefever, Peter L’Ecluse The Belgian Competition Authority publishes enforcement priorities for 2021

10 March 2021 229

On 10 March 2021, the Belgian Competition Authority (Belgische Mededingingsautoriteit / Autorité belge de la Concurrence - BCA) published its list of enforcement priorities for 2021 (See, website of BCA, in Dutch and in French). The document discusses the impact of the Covid-19 pandemic on (...)

Peter L’Ecluse, Valérie Lefever The Belgian Government releases a draft bill to exclude clinical networking between hospitals from the application of merger control

25 February 2021 199

On 25 February 2021, the federal government submitted to the federal Chamber of Representatives a draft bill modifying the consolidated Law of 10 July 2008 regarding hospitals and other institutions of care (the Law), as regards the application of the merger control rules to clinical (...)

Peter L’Ecluse, Valérie Lefever The Belgian Government adopts bill correcting competition rules

28 January 2021 67

On 28 January 2021, the Chamber of Representatives of the federal Chamber of Representatives adopted, in plenary session, Bill 1515 of 16 September 2020 “on various provisions relating to the economy” (Wetsontwerp houdende diverse bepalingen inzake Economie / Projet de loi portant dispositions (...)

Peter L’Ecluse, Valérie Lefever The Brussels Court of Appeal annuls the Competition Authority’s decision rejecting a football club’s request for interim measures (Virton / RBFA)

19 November 2020 644

In a judgment delivered on 19 November 2020, the Markets Court of the Brussels Court of Appeal (Marktenhof / Cour des marchés) (the Markets Court) annulled the decision adopted on 29 June 2020 by the Competition College (Mededingingscollege / Collège de la concurrence) of the Belgian (...)

Peter L’Ecluse, Valérie Lefever The Belgian Competition Authority imposes interim measures requested by a football club following an appeal judgment (Virton / RBFA)

19 November 2020 253

On 19 November 2020, the Competition College (Mededingingscollege / Collège de la concurrence) of the Belgian Competition Authority (Belgische Mededingingsautoriteit / Autorité belge de la Concurrence - the BCA) imposed interim measures on the Royal Belgian Football Association (the RBFA) at (...)

Peter L’Ecluse, Valérie Lefever The EU Commission opens an in-depth State aid investigation into the authorization granted by Belgium to a gambling company to operate virtual betting (Ladbrokes)

23 October 2020 93

On 23 October 2020, the European Commission (the Commission) published a notice (the Notice) inviting interested third parties to comment on the authorisation granted by Belgium to Derby NV, a local subsidiary of the betting and gambling company Ladbrokes PLC and operating in Belgium under the (...)

Peter L’Ecluse, Valérie Lefever The Brussels Court of Appeal partially annuls a decision imposing a record fine on a telecommunications company for a margin squeeze abuse of dominance (Proximus)

7 October 2020 276

On 7 October 2020, the Markets Court of the Brussels Court of Appeal (Marktenhof / Cour des marchés) (the Markets Court) partially annulled the decision of 26 May 2009 (the 2009 Decision), for lack of admissible evidence, by which the Belgian Competition Authority (Belgische (...)

Peter L’Ecluse, Valérie Lefever The EU Commission opens an in-depth State aid investigation into a Belgian capacity mechanism

21 September 2020 110

On 16 October 2020, the European Commission (the Commission) published a notice (the Notice) inviting interested third parties to comment on Belgium’s proposed Capacity Mechanism (the CM). The Notice was published as part of an in-depth State aid investigation launched by the Commission on 21 (...)

Valérie Lefever, Charlotte De Meeûs, Vincent Reijns The Belgian Competition Authority adopts fining guidelines which extend the scope to include the sanction for abuse of economic dependency

16 September 2020 186

On 3 September 2020, the Belgian Competition Authority adopted new guidelines on the method of setting fines for competition law infringements (the “Fining Guidelines”). The Fining Guidelines were published in the Belgian Official Journal on 16 September 2020 and entered into force (...)

Michel Bonne The Belgian Federal Government ends the temporal scope of a decree concerning the temporary suspension of enforcement measures for the benefit of enterprises during the COVID-19 pandemic

24 April 2020 26

On 17 June 2020, the temporal scope of the Royal Decree concerning the temporary suspension, for the benefit of enterprises, of enforcement measures and other measures during the Covid-19 crisis (the Decree) has ended. The Belgian Federal Government had already extended the original temporal (...)

Michel Bonne The Belgian Federal Government mitigates the negative effects of the COVID-19 crisis on Belgian companies and associations in light of the current lockdown measures

17 March 2020 119

As is the case in many other European countries, the Belgian Federal Government is trying to further mitigate the negative effects of the Covid-19 crisis on Belgian companies and associations in light of the current confinement measures. Amongst other initiatives, it is preparing a draft act (...)

Porter Elliott The Belgian Competition Authority expands the scope of the simplified merger review

8 January 2020 167

On 20 January 2020, the Belgian Competition Authority (“BCA”) announced the adoption of new rules expanding the scope of the simplified merger review procedure in Belgium. Under these new rules, the BCA can decide to follow a simplified procedure to review transactions that fulfil two (...)

Peter L’Ecluse The Antwerp Enterprise Court refers request for a preliminary ruling to the EU Court of Justice in excessive pricing case between festival organisers (SABAM)

10 May 2019 346

On 10 May 2019, the Antwerp Enterprise Court (the “Court”) referred a request for a preliminary ruling to the Court of Justice of the European Union (the “ECJ”) in two separate cases between Belgian festival organisers Weareone. World BVBA (the organisers of Tomorrowland) and Wecandance NV (...)

Richard Burton The Belgian Markets Court rejects an appeal lodged by an undertaking against the decision to reject its request for interim measures and explains limits of its jurisdiction (The Great Circle)

8 May 2019 169

On 8 May 2019, the Markets Court of the Brussels Court of Appeal rejected as inadmissible the appeal lodged by The Great Circle against the decision of the Belgian Competition Authority (“BCA”) to reject its request for interim measures against the Royal Meteorological Institute of Belgium (...)

Richard Burton The Belgian Competition Authority fines a distributor of infrared cabins for resale price maintenance (HM Products Benelux)

24 January 2019 337

On 24 January 2019, the Investigation and Prosecution Service of the Belgian Competition Authority (the “BCA”) imposed a € 98,000 fine on HM Products Benelux (“HM”) for engaging in resale price maintenance (“RPM”). HM imports and distributes infrared cabins of the HealthMate brand in the (...)

Richard Burton The Belgian Competition Authority fines the members of a bid-rigging cartel in the context of public tenders for a railway infrastructure (ABB / AEG / Siemens / Schneider / Sécheron)

2 May 2017 419

On 2 May 2017, the Belgian Competition Authority (“BCA”) found that ABB, AEG, Siemens, Schneider and Sécheron had engaged in a cartel in the context of public tenders organised by government-owned railway network company Infrabel and imposed fines amounting to a total of € 1,779,000. (...)

Andrzej Kmiecik The Belgian Competition Authority fines a leading yeast producer and three parent companies for several infringements of Articles 101 and 102 TFEU (Algist Bruggeman)

22 March 2017 336

On 22 March 2017, the Belgian Competition Authority (“BCA”) imposed a fine amounting to € 5,489,000 on leading yeast producer Algist Bruggeman NV (“AB”), and three parent companies, for several infringements of Articles 101 and 102 of the Treaty on the Functioning of the European Union (...)

Tim Kasten The Belgian Competition Authority rejects a request to suspend an acquisition that was not subject to prior notification in the brewery sector (Alken-Maes / Boatels / AB InBev)

21 November 2016 287

On 21 November 2016, the Competition College of the Belgian Competition Authority (“BCA”) rejected a request of Brouwerijen Alken-Maes (“Alken-Maes”) to suspend the acquisition of Brouwerij Bosteels (“Bosteels”) by Anheuser-Busch InBev NV (“AB InBev”). AB InBev’s takeover of Bosteels was not (...)

Porter Elliott The Belgian Competition Authority approves acquisition subject to remedies in the food retail market (Delhaize / Ahold)

15 March 2016 273

On 15 March 2016, the Competition College of the Belgian Competition Authority (“BCA”) approved the acquisition of Delhaize Group by Ahold, subject to a number of conditions. Delhaize (Belgium) and Ahold (The Netherlands) are two major food retailers active in their home countries as well as (...)

Richard Burton The Belgian Competition Authority adopts its second settlement decision in an industrial battery cartel case (Battery manufacturers)

23 February 2016 409

On 23 February 2016, the College of Competition Prosecutors (the “Competition College”) of the Belgian Competition Authority adopted its second settlement decision involving six battery manufacturers (Battery Supplies, Celecric, Emrol, Enersys, Exide Technologies and Hoppecke) on account of (...)

Tim Kasten The Belgian Competition Authority imposes provisional measures in a case involving TV rights for a series of cyclocross competitions (Telenet)

5 November 2015 405

On 5 November 2015, the Competition College of the Belgian Competition Authority (“BCA”) imposed provisional measures with regard to TV rights for the Superprestige Cyclocross Competition to address a possible infringement of Article IV.1 and/or IV.2 of the Code of Economic Law (the Belgian (...)

Porter Elliott The Belgian Competition Authority lifts a four-year old merger conditions from the conditional approval of an acquisition (Proximus / The Phone House)

23 June 2015 304

On 8 June 2015, the Belgian Competition Authority (BCA) lifted four-year old merger conditions from the BCA’s conditional approval of the acquisition by telecommunications operator Proximus (formerly Belgacom) of telecommunications retailer The Phone House. In 2011, the BCA’s predecessor (...)

Tim Kasten The Brussels Court of Appeal commissions an expert report to determine a dominant position (Belgacom)

26 February 2015 270

On 26 February 2015, the Brussels Court of Appeal rendered an interlocutory judgment ordering experts to assist the Court in determining whether the mobile termination rates (“MTRs”) applied by mobile operator Belgacom from 1999 to 2005 were abusive. MTRs are fees charged by mobile telephone (...)

Porter Elliott The Brussels Commercial Court dismisses EU’s damages claim in lifts and escalators cartel case (Kone / Otis / Schindler / ThyssenKrupp)

24 November 2014 559

The Brussels Commercial Court dismisses European Union’s damages claim in lifts and escalators cartel case On 24 November 2014, the Brussels Commercial Court dismissed, for lack of sufficient evidence, the first action for damages ever brought by the European Commission on behalf of the (...)

Johan Van Acker, Valérie Lefever The Belgian Council of Ministers approves draft bills that introduce a collective redress system in Belgian competition law cases

13 December 2013 195

On 13 December 2013, the Belgian Council of Ministers approved two draft Bills that introduce the possibility of collective redress proceedings – so-called class action claims – to recover damages suffered as a result of a breach of Belgian competition law (as well as other kinds of (...)

Clara Van Hemelrijck, Johan Van Acker The Brussels Court of Appeal upholds the Competition Authority’s decision to fine a French media distributor for operating an abusive rebate scheme (Presstalis)

27 September 2013 263

In a judgment of 27 September 2013, the Brussels Court of Appeal upheld the decision of the Belgian Competition Council imposing a fine of € 245,530 on Presstalis for operating an abusive rebate scheme. Presstalis, previously known as Nouvelles Messageries de la Presse Parisienne, is a French (...)

Peter L’Ecluse The Brussels Court of Appeal asks the Supreme Court to rule on scope of review in competition cases (Base Company, Belgacom, Mobistar)

28 June 2013 181

In a judgment of 28 June 2013, the Brussels Court of Appeal requested a preliminary ruling from the Supreme Court to clarify the notion of “full jurisdictional power” (volle rechtsmacht/pouvoir de pleine jurisdiction). This concept defines the scope of review of the Courts of Appeal in (...)

Kris Van Hove The Belgian College of Competition Prosecutors confirms that the Competition Authority started conducting dawn raids at the premises of certain companies active on the market for fresh yeast

19 June 2013 117

In a press release of 19 June 2013, the College of Competition Prosecutors confirmed that the competition authority had started conducting dawn raids on 18 June 2013 at the premises of certain companies active on the Belgian market for fresh yeast. The competition authority is looking (...)

Johan Van Acker The Brussels Court of Appeal annuls the Competition authority’s decisions requiring a leading diamond supplier to continue supplying Belgian diamond trader (De Beers / Spira)

26 March 2013 204

On 26 March 2013, the Brussels Court of Appeal annulled three decisions of the President of the Competition Council who had extended the preliminary measures requiring leading diamond supplier De Beers to continue supplying rough diamonds to Belgian diamond trader Spira. The Brussels (...)

Johan Van Acker, Valérie Lefever The Brussels Court of Appeal recognises legal professional privilege to in-house lawyers (Belgacom)

5 March 2013 435

On 5 March 2013, the Brussels Court of Appeal delivered a landmark judgment finding that in-house lawyers’ communications benefit from the so-called “legal professional privilege”, i.e. they are protected by the confidentiality of communications between lawyers and their clients. The Court’s (...)

Peter L’Ecluse The Brussels Court of Appeal annuls decision to impose a fine on the Flemish bakers’ association (VEBIC)

13 February 2013 171

In a judgment of 13 February 2013, the Brussels Court of Appeal annulled the decision of the Competition Council to impose a fine of EUR 29,121 on VEBIC, the Flemish Bakers’ Association, for having fixed prices for bread. Following the liberalisation of bread prices on 1 July 2004, VEBIC (...)

Tim Kasten The Belgian Competition Authority finds that energy company abused its dominant position on the market for the generation, wholesale, and trading of electricity (Electrabel)

7 February 2013 324

On 7 February 2013, the Belgian College of Competition Prosecutors filed a reasoned report with the Competition Council, finding that the energy company Electrabel abused its dominant position primarily by withholding capacity and thus artificially drove up prices on the market for the (...)

Johan Van Acker The Belgian Competition Authority refers a concentration to the European Commission (Canon / I.R.I.S. Group)

15 October 2012 77

On 15 October 2012, the College of Competition Prosecutors requested the European Commission to take over the analysis of the proposed acquisition by Canon Europe of the I.R.I.S. Group. Canon Europe is active in a wide array of sectors involving consumer and Professional imaging and (...)

Johan Van Acker The Belgian Competition Council holds that decision not to pursue complaint on basis of enforcement priority must be sufficiently reasoned (Duma, GS International)

27 September 2012 115

On 27 September 2012, the Competition Council annulled a decision of the College of Competition Prosecutors not to pursue a complaint on the basis of the enforcement priority policy. The Competition Council held that the decision was not sufficiently reasoned. On 19 December 2011, (...)

Kris Van Hove The Belgian Competition Council conditionally clears acquisition of a provider of ground handling services by a rival (Flightcare / Swissport Handling)

31 August 2012 4256

On 31 August 2012, the Belgian Competition Council conditionally cleared the acquisition of Flightcare by Swissport Handling. The parties are rival providers of ground handling services at Brussels airport. Flightcare is one of two companies licensed by the Brussels Airport Company (...)

Kris Van Hove The Belgian Competition Council conditionally clears acquisition of a provider of ground handling services by a rival (Flightcare / Swissport Handling)

31 August 2012 172

Johan Van Acker The Brussels Court of Appeal finds that a distribution company delivering and collecting newspapers and magazines abused its dominant position by charging excessive and discriminatory prices (AMP)

29 May 2012 244

In a judgment of 29 May 2012, the Brussels Court of Appeal held that AMP, a distribution company delivering and collecting newspapers and magazines for retail shops, had abused its dominant position by increasing the fixed minimum fee for its services without any economic justification. (...)

Peter L’Ecluse The Belgian Competition Authority fines a telecommunications company €75K for providing an incomplete response to a questionnaire during a merger review (Belgacom)

5 April 2012 122

On 5 April 2012, the Competition Council imposed a fine of € 75,000 on Belgian telecommunications company Belgacom for providing an incomplete response to a request for information in the context of the merger review of Belgacom’s acquisition of The Phone House. During the review of (...)

Peter L’Ecluse The Belgian Competition Council conditionally clears acquisition by a telecom operator of a specialized retail chain (Belgacom / The Phone House)

23 December 2011 172

On 23 December 2011, the Belgian Competition Council conditionally cleared the acquisition by Belgian telecommunications company Belgacom of The Phone House, a telecommunications retail network. Following an in-depth, phase II investigation, the College of Competition Prosecutors (...)

Charlotte Nassogne The Belgian Competition Council adopts new fining guidelines

19 December 2011 103

In a press release issued on 6 January 2012, the Belgian Competition Council announced the adoption on 19 December 2011 of new Guidelines regarding the calculation of fines for EU and Belgian competition law infringements (the “Guidelines”). The Guidelines describe the methodology that (...)

Johan Van Acker The Brussels Court of Appeal decides the appointment of experts to investigate abuse of dominant position in the railway sector (NMBS / SNCB / Electrabel)

11 October 2011 289

On 11 October 2011, the Brussels Court of Appeal (Hof van Beroep/Cour d’Appel) gave an interlocutory judgment designating a panel of experts in a case pitting NMBS/SNCB, the national railway company, against Electrabel. The appeal judgment overturns the initial judgment of the Court of (...)

Peter L’Ecluse The Brussels Court of Appeal confirms Competition Council’s decision amending condition imposed on cable network operator’s acquisition of pay-TV provider (Telenet / Canal+)

17 May 2011 236

In a judgment of 17 May 2011, the Brussels Court of Appeal confirmed the Belgian Competition Council’s decision of 29 November 2010 amending a condition that had been imposed in 2003 on cable network operator Telenet’s acquisition of pay-TV provider Canal+. The condition in question (...)

Charlotte Nassogne The Brussels Court of Appeal requests the Supreme Court to rule on use of languages in competition proceedings

3 May 2011 111

In a judgment of 3 May 2011, the Brussels Court of Appeal has requested the Supreme Court (Hof van Cassatie/Cour de Cassation) to give a preliminary ruling on questions relating to the use of languages in proceedings before the College of Competition Prosecutors. The case concerns a (...)

Sean Gerlich, Tim Kasten The Belgian Competition Authority annuls decision rejecting complaint against a Belgian brewer (Inbev)

29 April 2011 200

In a decision of 29 April 2011, the Belgian Competition Council annulled, on appeal, a decision of the College of Competition Prosecutors rejecting a complaint lodged by Freedom, an association of drinks wholesalers, against Belgian brewer Inbev. In its complaint, Freedom alleged that Inbev (...)

Charlotte Nassogne The Belgian College of Competition Prosecutors finds fee system for out-of-court recovery by bailiffs to amount to price-fixing (National Chambers of bailiffs)

8 February 2011 90

On 8 February 2011, the College of Competition Prosecutors submitted a reasoned report to the Competition Council finding that the fee system imposed by the National Chamber of Bailiffs for out-of-court (amicable) recovery of debts amounts to illegal price-fixing. In its report, the (...)

Porter Elliott The Belgian Competition Council amends the conditions imposed on an acquisition in the audiovisual sector (Telenet / Canal+)

29 November 2010 220

In a decision of 29 November 2010, the Belgian Competition Council amended a condition that was imposed in 2003 on cable network operator Telenet‘s acquisition of pay-TV provider Canal+. The condition in question essentially required Telenet to offer its pay-TV content to competing network (...)

Richard Burton The Belgian College of Prosecutors in competition matters issues report on suspected cartel in BSE testing sector

11 June 2010 136

On 11 June 2010, the Belgian College of Prosecutors in Competition Matters issued a report to the Competition Council alleging illegal cartel activities in the BSE testing sector in Belgium. According to the report, several BSE testing laboratories and slaughterhouses operated a market-sharing (...)

Porter Elliott The Belgian Competition Council conditionally clears a merger in the telecommunication sector (Scarlet / Belgacom)

8 November 2008 205

In a recently published decision of 8 November 2008, the Belgian Competition Council conditionally cleared the acquisition of Scarlet by Belgacom, following a phase II investigation. Belgacom, the incumbent telecommunications operator in Belgium, is active on a number of retail and wholesale (...)

Porter Elliott The Brussels Court of Appeal annuls Belgian Competition Council’s decision lifting merger remedies imposed on a cinema group (Kinepolis)

18 March 2008 187

In a judgment of 18 March 2008, the Brussels Court of Appeal annulled the Belgian Competition Council’s decision of 16 April 2007 lifting the conditions it had imposed in 1997 on the merger between Belgian cinema groups Bert and Claeys, which created leading Belgian cinema group Kinepolis. (...)

Bulgaria

Andrzej Kmiecik The Bulgarian Competition Authority fines three sunflower oil producers and their distributors for entering into vertical agreements aimed at restricting competition in the bottled sunflower oil market

31 July 2013 205

The Bulgarian Competition Authority has fined three sunflower oil producers and five of their distributors a total of more than BGN 2 million (around € 1 million) for entering into vertical agreements aimed at restricting competition on the bottled sunflower oil market by means of fixing (...)

Richard Burton The Bulgarian Competition Authority fines three companies active in the market of wellness and spa facilities (BGN)

4 March 2009 150

On 4 March 2009, the Bulgarian Competition Authority fined three companies active in the market for construction and maintenance of wellness and spa facilities, as well as the relevant national trade association, BGN 345,000 (around € 180,000) for infringing the competition rules. The (...)

Cyprus

Sean Gerlich, Tim Kasten The Cypriot Competition Commission fines telecommunications incumbent for refusing access to the essential facility (Cyprus Telecommunications Authority)

12 January 2010 220

In a published decision of 12 January 2010, the Cypriot Commission for the Protection of Competition (“CPC”) concluded that the Cyprus Telecommunications Authority (“CYTA”) abused its dominant position in the premium SMS (short messaging services of added value) market in breach of the (...)

Czech Republic

Floris-Willem Dierickx, Andrzej Kmiecik The Czech Competition Authority upholds a fine of €1.6 million for resale price maintenance levied against childcare products supplier (Baby Direkt)

5 January 2021 97

On 5 January 2021, on appeal against a decision by the Czech Office for the Protection of Competition (“Czech NCA”), the Chairman of the Czech NCA (the “Chairman”) upheld a fine of € 1.6 million levied by his organisation in November 2019 against childcare products supplier Baby Direkt. Baby (...)

Andrzej Kmiecik The Czech Competition Authority fines a garden equipment supplier for resale price maintenance (V-Garden)

3 September 2020 129

According to a press release issued by the Czech Competition Authority (the “Authority”) on 3 September 2020, the Authority has imposed a fine of CZK 7,687,000 on garden equipment supplier V-GARDEN for engaging in resale price maintenance. The Authority reported that, during the period from (...)

Andrzej Kmiecik The Czech Competition Authority imposes highest fine ever for anti-competitive vertical agreement (Sokolovská uhelná)

13 September 2010 156

According to a press release of 15 September 2010, the Czech Competition Authority has imposed its highest fine ever for an anti-competitive vertical agreement on Sokolovská uhelná (a coal supplier established in the Czech Republic). It appears that from 1997 to 2007 Sokolovská uhelná (...)

Andrzej Kmiecik The Czech Competition Authority fines non-alcoholic beverages producer for resale price maintenance (Kofola)

30 July 2008 311

According to a press release dated 30 July 2008, the Czech Competition Authority imposed a fine of CZK 13.5 million (approximately € 550,000) on Kofola (the second largest non-alcoholic beverages manufacturer established in the Czech Republic) for resale prince maintenance in breach of Czech (...)

Richard Burton The Czech Regional Court in Brno scraps fine for gas-insulated switchgear cartel (GIS cartel)

26 June 2008 220

On 25 June 2008, the Regional Court in Brno annulled the decision of the Czech Competition Authority imposing fines on members of a gas-insulated switchgear (GIS) cartel. On 9 February 2007, the Czech Competition Authority imposed a fine amounting to CZK 979.221 million (approximately € 35 (...)

Sean Gerlich, Tim Kasten The Czech Competition Authority imposes a fine for discriminatory pricing in rail cargo transport (Czech Railways - České dráhy)

16 July 2007 233

On 16 July 2007, the Czech Competition Authority announced that it had imposed a fine on České dráhy, a.s. (“Czech Railways”) for abusing its dominant position on the market for rail freight transport of large volume substrates. The fine amounts to CZK 270 million (approximately € 11 million). (...)

Denmark

Michael Clancy, Peter L’Ecluse, Catherine Longeval The Danish Competition Authority makes recommendations for increased competition in pharmacy sector to bolster lower prices and improve services

29 September 2022 712

On 28 September 2022, the Competition Council of the Danish Competition and Consumer Authority ( DCCA ) issued 6 recommendations to bolster competition, ensure lower prices and improve service in the pharmacy sector (see, attachment). The recommendations stem from an analysis of competitive (...)

Margot Vogels, Andreas Reindl The Nordic Competition Authorities publish a joint memorandum setting out their perspective on competition in digital markets

28 September 2020 100

On 28 September 2020, the competition authorities of Sweden, Denmark, Finland, Norway and Iceland issued a joint memorandum setting out their perspective on competition in digital markets (the “Joint Memorandum”). As previously reported in this newsletter (see, VBB on Competition Law, Volume (...)

Andrzej Kmiecik The Danish Competition Authority fines a design company for resale price maintenance (GUBI)

18 September 2020 245

According to a press release issued by the Danish Competition Authority (the “Authority”) on 18 September 2020, Danish design company GUBI A/S has entered into a settlement with the Authority and accepted to pay a fine of DKK 6 million (approximately € 800,000) for having engaged in resale (...)

Andrzej Kmiecik, Helga Gudmundsdottir, Marcus Gustafsson The Danish Competition Authority orders a fashion company to stop anti-competitive information exchange with its retailers (Hugo Boss / Kaufmann) (Hugo Boss / Ginsborg)

24 June 2020 376

On 24 June 2020, the Danish Competition Council (“DCC”) adopted two separate decisions concerning anticompetitive conduct engaged in: (i) between the clothing manufacturer, supplier and retailer Hugo Boss Nordic ApS (“Hugo Boss”) and the retailer Axel Kaufmann ApS (“Kaufmann”) and (ii) between (...)

Andrzej Kmiecik The Danish District Court of Næstved fines a hair product wholesaler for resale price maintenance (Icon Hairspa)

15 February 2019 392

On 15 February 2019, the Danish court of Næstved imposed a fine of DK 1,000,000 (approximately € 135,000) on hair-product wholesaler Icon Hairspa for imposing minimum retail prices for Kevin Murphy-branded products on its dealers. An Icon Hairspa manager was also fined DK 100,000 for (...)

Tim Kasten The Danish Competition Appeals Tribunal upholds the decision fining a pharmaceutical distributor for excessive pricing (CD Pharma)

29 November 2018 624

On 29 November 2018, the Danish Competition Appeals Tribunal upheld a 31 January 2018 decision of the Danish Competition Authority (“DCA”) finding that CD Pharma abused its dominant position on the Danish market by charging excessive prices for the sale of oxytocin, a hormone that acts as a (...)

Andrzej Kmiecik The Danish Competition and Consumer Authority announces that a white goods manufacturer has accepted to pay a fine of € 161,000 for having entered into illegal price maintenance agreements with its dealers and for having prevented parallel imports (Miele)

25 July 2013 406

On 25 July 2013, the Danish Competition and Consumer Authority (“DCCA”) announced that the white goods manufacturer Miele A/S has accepted to pay a fine of DKK 1.2 million (around € 161,000) for having entered into illegal price maintenance agreements with its dealers and for having (...)

Richard Burton The Danish Appeals Tribunal gives judgment on anti-competitive collective boycott within the national real estate market (Boliga.dk)

25 January 2012 244

On 20 November 2012, the Danish Appeals Tribunal handed down a judgment on appeals brought by six Danish cooperative chains of independent real estate agents against a decision by the Danish Competition and Consumer Authority (“DCCA”) of 25 January 2012 finding that the companies had (...)

Andrzej Kmiecik The Danish High Court reduces fines imposed on design furniture manufacturer for maintaining resale prices (Erik Jørgensen Møbelfabrik)

17 January 2012 215

On 17 January 2012, the Danish High Court ruled on appeals brought against a judgment of the Danish District Court of Svendborg of May 2011 imposing a fine of DKK 500,000 (around € 67,000) on the Danish design furniture manufacturer Erik Jørgensen Møbelfabrik A/S (“EJM”), as well as (...)

Tim Kasten The Danish Competition Appeals Tribunal partially annuls findings of abuse for loyalty rebates implemented by national postal service provider (Post Danmark)

9 December 2011 294

On 9 December 2011, the Danish Competition Appeals Tribunal (“CAT”) handed down its judgment repealing a decision of the Danish Competition Council (“CC”) of 22 December 2010, in which the CC had found that the national postal service provider Post Danmark had abused its dominant (...)

Andrzej Kmiecik The Danish District Court fines manufacturer of design furniture for engaging in resale price maintenance (Erik Jørgensen Møbelfabrik)

18 May 2011 288

On 18 May 2011, the Danish District Court of Svendborg (the “Court”) imposed a fine of DKK 500,000 (approximately € 67,000) on Erik Jørgensen Møbelfabrik A/S (“EJM”), a Danish manufacturer of design furniture, for having engaged in resale price maintenance. The Court also imposed fines (...)

Andrzej Kmiecik The Danish court of first instance fines a jewellery producer for resale price maintenance (Lise Aagaard Copenhagen)

26 November 2010 346

On 26 November 2010, the Court of First Instance of Copenhagen imposed a fine of approximately € 80,000 on Danish jewellery manufacturer Lise Aagaard Copenhagen A/S and a fine of approximately € 3,000 on one of its executives for preventing two Internet retailers from granting discounts. (...)

Andrzej Kmiecik The Danish Competition Authority finds resale price maintenance and restrictions of parallel trade in the electrical appliances sector but chooses not to impose fines (Witt Hvidevarer)

24 November 2010 374

In a decision adopted on 24 November 2010, the Danish Competition Authority found that Witt Hvidevarer A/S (“Witt”), a Danish importer and wholesaler of robotic vacuum cleaners and floor washers manufactured by the American company iRobot, had engaged in anticompetitive practices over a period (...)

Porter Elliott The Danish Competition Authority revokes its decision to clear the merger between two agricultural companies (Danish Agro / Landbrugets Andel)

1 February 2010 214

On 1 February 2010, the Danish Competition Authority revoked its earlier decision approving the takeover by Danish Agro of its competitor Landbrugets Andel, both active in the agricultural sector. The approval decision was largely based on the Danish Competition Authority’s understanding that (...)

Sean Gerlich, Tim Kasten The Danish Competition Authority fines the incumbent postal operator for abusive rebates in the market for direct mailing (Post Danmark)

24 June 2009 278

In a decision adopted on 24 June 2009, the Danish Competition Council (DCC) found that the Danish post operator Post Danmark had abused its dominant position on the market for direct mailing (“direct mailing” refers to the sending by the same party of a large batch of letters to a group of (...)

Andrzej Kmiecik The Danish Competition Authority adopts decision concerning resale price maintenance found in the sector of motor vehicle fuels (OK)

29 April 2009 409

On 29 April 2009, the Danish Competition Council issued a decision finding that a Danish fuel supplier, OK a.m.b.a., and its wholly-owned subsidiary, DK-Benzin A/S, had infringed the national provision equivalent to Article 81 EC by engaging in resale price maintenance practices with some of (...)

Andrzej Kmiecik The Danish Competition Council extends commitments for beer distribution (Carlsberg)

28 May 2008 344

On 28 May 2008, the Danish Competition Council (the “Competition Council”) extended until 31 December 2011 the period of application of certain commitments that it had previously accepted from Carlsberg in 2005. These commitments addressed a number of competitive concerns expressed by the (...)

Porter Elliott The Danish Competition Authority blocks a merger based on risk of coordination (J.F. Lemvig-Müller Holding / A&O Johansen)

15 May 2008 308

On 14 May 2008, the Danish Competition Council prohibited the acquisition by J.F. Lemvig-Müller Holding A/S of Brdr. A&O Johansen A/S. Both companies are active in Denmark on the wholesale markets for plumbing/heating materials and electricity materials sold to professional customers, i.e. (...)

Sean Gerlich, Tim Kasten The Danish Competition Appeal Tribunal confirms the finding of excessive pricing (Elsam III)

3 March 2008 286

On 3 March 2008, the Danish Competition Appeal Tribunal concluded that the Danish electricity production company Elsam A/S (“Elsam”) had abused its dominant position on the market for the wholesale of physical electricity in Western Denmark during the period of 1 January 2005 to 30 June 2006 (...)

European Union

Catherine Gordley The EU Commission sees its new package of merger control measures enter into force

1 September 2023 347

On 20 April 2023, the European Commission (“Commission”) adopted a package of new merger control review rules and procedures. These include (i) a new Implementing Regulation, (ii) a new Notice on Simplified Procedure and (iii) a Communication on the transmission of documents (for additional (...)

Victor-Emanuel Ion, Andrzej Kmiecik The EU Commission issues a Statement of Objections to clothing retailers for implementing anticompetitive cross-border sales restrictions (Pierre Cardin / Ahlers)

31 July 2023 51

Main take-aways Pierre Cardin and its licensee Ahlers receive statement of objections; Commission recognises its limited ability to tackle unilateral territorial supply constraints; Pending investigation of Mondelēz covers both collusive and unilateral (possible) restraints; Forthcoming Valve (...)

Andreas Reindl, Catherine Gordley, Niharika Parshurampuria The EU Court of Justice reverses a ruling of the General Court and confirms that requisite burden of proof in merger cases is the balance of probabilities, as opposed to the strong probability standard proposed by the General Court (Telefónica / Hutchison 3G)

13 July 2023 88

On 13 July 2023, the European Court of Justice (“ECJ”) handed down its judgment in Case C-376/20 P Commission v CK Telecoms UK Investments regarding the legal standard and burden of proof in so-called “gap cases”. These are cases in which a transaction – typically involving smaller players in (...)

Niharika Parshurampuria, Catherine Gordley The EU Court of Justice hands down its judgment regarding the legal standard and burden of proof in so-called “gap cases” which reverses the stricter legal tests articulated by the EU General Court and lays out a blueprint for the assessment of gap cases going forward (Telefónica UK / Hutchison 3G UK)

13 July 2023 62

Laura Lehoczky-Deckers, Alex Stratakis The EU Court of Justice rules that freedom of establishment trumps national FDI control rules when it comes to intra-EU investment (Xella Magyarország)

13 July 2023 56

On 13 July 2023, the ECJ ruled that a prohibition decision under the national FDI control regime by the Hungarian Ministry of Innovation and Technology of Xella Magyarország Építőanyagipari Kft’s (“Xella”) acquisition of Janes És Társa (“Janes”) constitutes an unjustified restriction of (...)

Catherine Gordley The EU Commission issues a record-breaking €432M gun jumping fine on a biotech firm for its acquisition of a nascent competitor without approval (Illumina / Grail)

12 July 2023 751

On 12 July 2023, the European Commission (“Commission”) imposed its largest gun jumping fine to-date against Illumina for closing its acquisition of Grail while the Commission’s merger control review was still pending. Due to Illumina’s blatant and intentional defiance of the EU Merger (...)

Catherine Longeval, Michael Clancy, Peter L’Ecluse, Catherine Gordley, Koen T’Syen The EU Commission issues record-breaking €432M gun jumping fine on two biotechnology firms (Illumina / Grail)

12 July 2023 127

On 12 July 2023, the European Commission (the Commission) imposed its largest gun jumping fine ever on Illumina because that firm had closed its acquisition of Grail while the Commission’s merger control review was still pending (see, attached Commission press release). Due to what the (...)

Andreas Reindl, Niharika Parshurampuria The EU Court of Justice confirms that National Competition Authorities may consider violations of data protection laws as part of their abuse of dominance assessments (Meta)

4 July 2023 904

On 4 July 2023, the Court of Justice (“CJEU”) handed down its highly anticipated judgment in Case C-252/21 Meta v Bundeskartellamt on the interplay between EU competition law and the EU’s General Data Protection Regulation (the “GDPR”). The CJEU held that competition authorities can analyse a (...)

Victor-Emanuel Ion, Andrzej Kmiecik The EU Court of Justice issues a rare judgment on the legal test to establish resale price maintenance: neither the finding of an object restriction nor acquiescence by resellers can be assumed without a contextual assessment (Super Bock)

29 June 2023 83

On 29 June 2023, the ECJ handed down a preliminary ruling on various questions referred to it by a Portuguese court in the context of an appeal against an infringement decision of the Portuguese Competition Authority finding that a beverage supplier had engaged in resale price maintenance (...)

Valérie Lefever The Belgian Competition Authority imposes interim measures on the incumbent telecoms operator following its acquisition of a failing rival following the jurisprudence of the EU Court of Justice in its Towercast ruling (Proximus / EDPnet)

22 June 2023 63

On 22 June 2023, the Belgian Competition Authority (the “BCA”) imposed interim measures on incumbent telecommunications operator Proximus in the context of its acquisition of the assets of near-bankrupt broadband communications service provider EDPnet. This acquisition did not meet the (...)

Andrzej Kmiecik, Andreas Reindl, Michael Clancy, Richard Burton, Charlotte Nassogne The EU Commission adopts its new horizontals package comprising revised Block Exemption Regulations on Research and Development Agreements and Specialisation Agreements and Horizontal Guidelines with new purchasing agreements

1 June 2023 102

On 1 June 2023, the European Commission (“Commission”) adopted the final version of its new horizontals package, comprising revised Block Exemption Regulations on Research and Development Agreements and Specialisation Agreements and revised Guidelines on horizontal cooperation agreements (...)

Stephanie Reinart, Richard Burton, Andrzej Kmiecik, Michael Clancy, Charlotte Nassogne, Andreas Reindl, Steve Ross The EU Commission adopts new rules on horizontal agreements governing cooperation between competitors with the view to aiding sustainability efforts

1 June 2023 75

In June 2023, the Commission adopted new rules on horizontal agreements, which as from 1 July 2023 replace the existing rules that date from 2010/2011. These rules govern the compatibility with EU competition law – specifically Art. 101 TFEU – of certain types of agreements and forms of (...)

Andrzej Kmiecik, Michael Clancy, Giovanni Pregno The EU Commission adopts new Horizontal Block Exemption Regulations and Horizontal Guidelines which set out the framework for the assessment of R&D agreements under EU competition law

1 June 2023 42

Andrzej Kmiecik, Andreas Reindl, Michael Clancy, Richard Burton, Charlotte Nassogne The EU Commission adopts new Horizontal Guidelines which expands the distinction between buyer cartels and joint purchasing agreements

1 June 2023 60

Andrzej Kmiecik, Andreas Reindl, Michael Clancy, Richard Burton, Charlotte Nassogne The EU Commission adopts new Block Exemption Regulations and Horizontal Guidelines which include many new considerations on unilateral announcements and signalling, restriction of competition by object and hub-and-spoke infringements

1 June 2023 61

Andrzej Kmiecik, Charlotte Nassogne The EU Commission adopts new Specialisation Block Exemption Regulations and Horizontal Guidelines which set out the key aspects for production agreements

1 June 2023 56

Andrzej Kmiecik, Charlotte Nassogne The EU Commission adopts new Guidelines on agreements between competitors which may be applied to algorithmic pricing tools

1 June 2023 47

On 1 June 2023, the European Commission (“Commission”) adopted the final version of its new horizontals package, including revised Guidelines on horizontal cooperation agreements (“Guidelines”) which became effective as of 1 July 2023. The latest in our series of alerts on different aspects (...)

Catherine Gordley The EU General Court dismisses a third-party’s challenge to the Commission’s approval of an energy assets acquisition and clarifies the concept of a “single concentration” in relation to asset swaps (EVH / E.ON / RWE)

17 May 2023 99

On 17 May 2023, the General Court issued a ruling that dismissed a third-party challenge to the European Commission’s (“Commission”) approval of RWE/E.ON Assets and clarified the concept of a “single concentration” in relation to asset swaps. RWE and E.ON, two energy companies, entered into (...)

Margot Vogels, Andreas Reindl The EU General Court dismisses an application to annul the Commission’s declaration of a concentration to be compatible with the common market due to the applicant’s lack of locus standi (enercity / E.ON / RWE)

17 May 2023 53

On 17 May 2023, the General Court dismissed an application for annulment brought against a European Commission (“Commission”) decision declaring a concentration to be compatible with the common market due to the applicant’s lack of standing (Case T-321/20, enercity v Commission). The judgment (...)

Pietro Stella, Markus Wellinger, Alessandro Carpi The EU General Court upholds actions for annulment against decisions of the Commission authorising State aid to airlines during the Covid-19 pandemic (Ryanair / Condor)

10 May 2023 90

On 10 May 2023, the General Court (“Court”) delivered two judgments upholding Ryanair and Condor’s actions to annul the decisions of the European Commission (“Commission”) approving State aid granted by Germany to Lufthansa (Joined Cases T-34/21 and T-87/21) and by Sweden and Denmark to SAS (...)

Elias Olsson, Steve Ross, Peter L’Ecluse The EU Commission publishes its long-awaited draft regulation on a new framework for standard essential patents

27 April 2023 86

On 27 April 2023, the European Commission released its long-awaited draft Regulation on a new framework for standard-essential patents (“SEPs”). The draft Regulation aims at improving the efficiency and predictability in the SEP licensing market, particularly for small and mediumsized (...)

Catherine Gordley The EU Commission adopts a new merger control review rules and procedures

20 April 2023 60

On 20 April 2023 the European Commission (“Commission”) adopted a package of new merger control review rules and procedures. These include (i) a new Implementing Regulation, (ii) a new Notice on Simplified Procedure and (iii) a Communication on the transmission of documents. The aim of these (...)

Margot Vogels, Andreas Reindl The EU Court of Justice confirms that the EU Commission can exclude a Member State from the territorial scope of a formal antitrust investigation without violating the principle of protection against parallel antitrust proceedings (Amazon)

20 April 2023 90

On 20 April 2023, the European Court of Justice (“ECJ”) handed down a judgment which confirmed that the European Commission (“Commission”) can carve out the market of a Member State from the scope of an investigation and allow the Member State authority to investigate the same conduct for its (...)

Victor-Emanuel Ion, Margot Vogels, Charlotte Nassogne The EU Court of Justice confirms that the findings of national competition authorities have a binding effect on follow-on actions for damages and declarations of nullity (Repsol)

20 April 2023 87

On 20 April 2023, the Court of Justice of the European Union (“ECJ”) handed down a preliminary ruling concerning the effect of national competition authorities’ (“NCAs”) final infringement decisions on follow-on actions for damages and for declarations of nullity, where the actions in question (...)

Victor-Emanuel Ion, Andrzej Kmiecik The EU Commission adopts a Regulation extending the validity of the Motor Vehicle Block Exemption Regulation and updates the Supplementary Guidelines for the motor vehicles industry

17 April 2023 53

On 17 April 2022, the European Commission (“Commission”) adopted a Regulation extending the validity of the 2010 Motor Vehicle Block Exemption Regulation (Regulation (EU) No 461/2010 (“MVBER”) until 31 May 2028. The Commission also adopted only modest amendments to the 2010 Supplementary (...)

Steve Ross, Peter L’Ecluse The EU Commission launches a public consultation on the implementation of the Technology Transfer Block Exemption Regulation

17 April 2023 56

On 17 April 2023, the European Commission launched a public consultation on the implementation of the Technology Transfer Block Exemption Regulation (“TTBER”) and related guidelines. The current TTBER exempts from the scope of Article 101 TFEU specific agreements by which one party authorises (...)

Andreas Reindl, Giovanni Pregno, Margot Vogels The EU Commission announces an initiative acknowledging the effects-based approach in abuse of dominance cases while retracting from a consumer welfare-based economic effects analysis

27 March 2023 166

On 27 March 2023, the European Commission (“Commission”) launched a new legislative and policy initiative which aims to replace the Commission’s 2008 guidance on its enforcement priorities in Article 102 cases involving allegedly exclusionary conduct (the “2008 Guidance Paper”) with formal (...)

Giovanni Pregno, Margot Vogels, Andreas Reindl The EU Commission announces Guidelines on exclusionary abuses which acknowledge the central role of an effects-based approach in abuse of dominance cases

27 March 2023 156

Catherine Gordley The EU Court of Justice confirms the ex post application of abuse of dominance rules to non-notifiable mergers (Towercast)

16 March 2023 117

On 16 March 2023, the Court of Justice (ECJ) issued a preliminary ruling in case C-449/21, Towercast SASU v. Autorité de la concurrence and others (“Towercast”) finding that concentrations that are not subject to any ex-ante notification requirement under national or EU merger control rules (...)

Pietro Stella, Markus Wellinger The EU Commission adopts new State aid measures to foster the green energy transition

9 March 2023 111

On 9 March 2023, the European Commission (“Commission”) adopted two pieces of legislation in the field of State aid aimed, in particular, at favouring the EU’s green energy transition. More specifically, the Commission adopted the Temporary Crisis and Transition Framework for State Aid (...)

Margot Vogels, Charlotte Nassogne The EU Court of Justice confirms that the date of publication of the Commission’s decision in the EU Official Journal is an appropriate starting date for the limitation period applicable to private damages claims (QJ / IP / Deutsche Bank)

6 March 2023 95

On 6 March 2023, the European Court of Justice (“ECJ”) issued an order in Joined Cases C-198/22 and C-199/22 (QJ and IP v Deutsche Bank AG), upholding a national rule under which the limitation period for professionals and consumers alike to bring a private damages action starts to run as of (...)

Stephanie Reinart, Andreas Reindl The EU Commission sends a Statement of Objections to a Big Tech smartphone manufacturer clarifying its concerns over the firm’s App Store rules for music streaming providers, particularly on anti-steering obligations (Apple)

28 February 2023 99

On 28 February 2023, the European Commission (the “Commission”) announced that in its investigation of Apple’s App Store terms for music streaming app developers, it has adopted a new statement of objections (“SO”) which replaces the previous SO issued against Apple back in April 2021, and (...)

Elias Olsson, Margot Vogels, Charlotte Nassogne The EU Court of Justice clarifies the scope of the right to full compensation and the recourse to judicial estimation of damages under the Damages Directive (Tráficos Manuel Ferrer)

16 February 2023 98

On 16 February 2023, the Court of Justice of the European Union (“ECJ”) handed down a preliminary ruling in Case C-312/21 (Tráficos Manuel Ferrer) which clarified the circumstances under which the exercise of the right to full compensation is rendered ‘practically impossible or excessively (...)

Giovanni Pregno The EU Court of Justice holds that the abusive conduct of independent legal entities can be imputed to the dominant entity due to the special responsibility held by dominant entities pursuant to Article 102 of TFEU (Unilever Italia)

19 January 2023 156

On 19 January 2023, the Court of Justice of the European Union (“ECJ”) delivered its judgment in the Unilever case (Case C-680/20) concerning the allegedly exclusionary strategy implemented by Unilever in Italy and consisting of the imposition by Unilever’s distributors of exclusivity clauses (...)

Niharika Parshurampuria The EU Court of Justice upholds a finding of abuse of dominance by a national railway company in the Lithuanian freight market (Lietuvos geležinkeliai)

12 January 2023 83

On 12 January 2023, the Court of Justice of the European Union (“ECJ”) upheld the General Court’s judgment fining the Lithuanian national railway company, Lietuvos geležinkeliai AB (“LG”), € 20 million for abusing its dominant position in the Lithuanian freight market (Case C-42/21 P). (...)

Steve Ross, Richard Burton The EU Court of Justice upholds Commission’s decision in a banking group cartel case, and gives guidance on presumption of innocence in hybrid settlements (HSBC)

12 January 2023 108

On 12 January 2023, the Court of Justice of the European Union (“ECJ”) dismissed an appeal lodged by HSBC against a General Court judgment partially upholding the Commission’s decision in the Euro interest rate derivatives (“EIRD”) cartel case. In 2013, the European Commission adopted a (...)

Charlotte De Meeûs, Julie Geerts The EU Court of Justice rules that national courts may order the disclosure of evidence in damages proceedings stayed pending a Commission investigation (RegioJet)

12 January 2023 317

On 12 January 2023, the European Court of Justice of the European Union (“ECJ”) delivered a judgment in Case C-57/21, RegioJet, in which it clarified the provisions governing the disclosure of evidence contained in Directive 2014/104/EU of 26 November 2014 on certain rules governing actions (...)

Niharika Parshurampuria The EU Commission accepts the commitments of a multinational e-commerce platform to address concerns over its discriminatory practices and use of non-public data to unfairly bolster its own retail business (Amazon)

20 December 2022 105

On 17 February 2023, the European Commission (the “Commission”) published its commitments decision dated 20 December 2022 in Case AT.40462 – Amazon Marketplace and AT.40703 – Amazon Buy Box. The Commission made the commitments offered by Amazon to resolve its alleged abuses of dominance (...)

Steve Ross, Richard Burton The EU Court of Justice AG Rantos issues an opinion suggesting that prior approval rules by sports-governing bodies do not conflict with EU competition law (ESLC / UEFA / FIFA)

15 December 2022 81

On 15 December 2022, Advocate General (“AG”) Rantos issued an opinion in the European Superleague Company case in which he recommended that the FIFA-UEFA rules on the prior approval of new sports competitions should be held to be compatible with Articles 101 and 102 TFEU. The AG considered (...)

Steve Ross, Richard Burton The EU Court of Justice AG Rantos advises that the judgement of the General Court is set aside, reasoning that sporting club rules do not breach competition law where they are proportionate and objectively justified (International Skating Union)

15 December 2022 113

On 15 December 2022, Advocate General (“AG”) Rantos issued an opinion in which he recommended that the Court of Justice of the EU should set aside a General Court judgment largely upholding a 2017 Commission decision that the eligibility rules of the International Skating Union (the “ISU”) had (...)

Margot Vogels, Andreas Reindl The EU Commission publishes its draft Implementing Regulation of the Digital Markets Act

9 December 2022 183

On 9 December 2022, the European Commission (“Commission”) published a Draft Implementing Regulation on detailed arrangements for the conduct of certain proceedings by the Commission pursuant to Regulation (EU) 2022/1925 (“Draft Implementing Regulation”). The Draft Implementing Regulation (...)

Margot Vogels, Andreas Reindl, Richard Burton The EU Court of Justice rules that legal professional privilege extends to all communications from external counsel (Orde van Vlaamse Balies)

8 December 2022 353

On 8 December 2022, the Court of Justice of the European Union (“CJEU”) handed down a judgment (C-694/20, Orde van Vlaamse Balies) which appears to strengthen the protection afforded by legal professional privilege (“LPP”) under EU law. In its judgment, the CJEU has held for the first time (...)

Steve Ross, Richard Burton The EU General Court dismisses an appeal in its entirety and confirms a fine of €9.44M for three retail food packaging companies which colluded to fix prices and allocate customers (CCPL)

7 December 2022 86

On 7 December 2022, the General Court dismissed the appeal brought by Consorzio Cooperative di Produzione e Lavoro, Coopbox Group and Coopbox Eastern (together, the “Applicants”) against a re-adopted Commission decision in the Retail Food Packaging cartel case (Case T-130/21, CCPL and Others v (...)

Steve Ross, Richard Burton The EU Commission fines five styrene purchasers €157M for fixing prices and exchanging commercially sensitive information and grants a sixth member of the cartel full leniency (Sunpor / Synbra / Synthomer / Synthos / Trinseo / INEOS)

29 November 2022 75

On 29 November 2022, the European Commission (the “Commission”) announced that it had imposed fines totalling €157 million on five companies involved in a purchasing cartel concerning styrene monomer (“styrene”) for various periods between 1 May 2012 and 30 June 2018. The five companies fined (...)

Peter L’Ecluse The EU Commission seeks feedback regarding the Technology Transfer Block Exemption Regulation and associated guidelines

25 November 2022 549

On 25 November 2022, the European Commission launched a Call for Evidence seeking feedback regarding the scope and content of the upcoming evaluation of the Technology Transfer Block Exemption Regulation (“TTBER”) and the associated Guidelines. The TTBER exempts specific categories of (...)

Margot Vogels, Charlotte Nassogne The EU Court of Justice rules that ‘relevant evidence’ under the Damages Directive is not limited to pre-existing documents (PACCAR / DAF Trucks / AD and others)

10 November 2022 154

On 10 November 2022, the European Court of Justice (“ECJ”) clarified the meaning of ‘relevant evidence’ within the meaning of Directive 2014/104/EU of 26 November 2014 on certain rules governing actions for damages under national law for infringements of the competition law provisions (...)

Steve Ross, Richard Burton The EU General Court dismisses four appeals against price-fixing decisions which were re-adopted nearly two decades after the initial decision against 11 steel producers (Feralpi / Alfa Acciai / Ferriera Valsabbia / Valsabbia Investimenti / Ferriere Nord)

9 November 2022 107

On 9 November 2022, the General Court dismissed in their entirety appeals lodged by a number of Italian manufacturers against the European Commission’s (“Commission”) re-adopted decision of 2019 in the Reinforcing steel bars cartel case. (T-655/19, Ferriera Valsabbia and Valsabbia (...)

Pietro Stella, Andreas Reindl, Markus Wellinger The EU Court of Justice annuls a Commission decision which ordered Luxembourg to recover €20-30M in aid after a series of favourable transfer-pricing tax rulings (Fiat Chrysler)

8 November 2022 94

On 8 November 2022, the Grand Chamber of the European Court of Justice (“ECJ”) delivered its judgment in Joined Cases C-885/19 P, Fiat Chrysler Finance Europe v Commission, and C-898/19 P, Ireland v Commission, annulling a 2015 Commission decision that had found that a transfer price tax (...)

Margot Vogels, Andreas Reindl The EU Court of Justice rules that national courts may hear claims under Article 102 TFEU for excessive railway infrastructure fees only after the sector regulator has ruled on the fees’ lawfulness (DB Station)

27 October 2022 164

On 27 October 2022, the European Court of Justice (“ECJ”) handed down a ruling on the permissibility of private damages claims for excessive railway infrastructure fees under Article 102 TFEU. The ECJ found that a national court is precluded from awarding damages for excessive fees until the (...)

Richard Burton The EU Commission publishes Guidance on its leniency policy and practice

25 October 2022 78

On 25 October 2022, the European Commission (“Commission”) published a Frequently Asked Questions (“FAQ”) document containing guidance on its cartel leniency programme. The document aims at facilitating leniency applications by providing further transparency, predictability and accessibility (...)

Michael Clancy, Peter L’Ecluse, Koen T’Syen, Catherine Longeval The EU Court of Justice AG Kokott endorses the application of Article 102 TFEU to the acquisitions of nascent firms by dominant players in high technology sectors (Towercast)

13 October 2022 493

AG Kokott Supports Application of Article 102 TFEU to Acquisitions of Small Promising Firms in Life Sciences and Other High Technology Sectors In a non-binding opinion given to the Court of Justice of the European Union (CJEU) Advocate General Kokott yesterday expressed the view that (...)

Catherine Gordley The EU Court of Justice AG Kokott supports the use of Article 102 TFEU to assess a merger ex post provided that the transaction was not initially assessed using traditional tools (Towercast)

13 October 2022 166

On 13 October 2022, Advocate General Kokott issued a non-binding opinion to the Court of Justice of the European Union (“ECJ”) in the Towercast preliminary ruling request, expressing the view that concentrations that are not notifiable ex-ante under the EU Merger Regulation (“EUMR”) or (...)

Steve Ross, Peter L’Ecluse The EU Commission sends a Statement of Objections to a pharmaceutical company over abusive patent filings and disparagement of generic competitors (Teva)

10 October 2022 65

On 10 October 2022, the European Commission (the “Commission”) announced that it had sent a Statement of Objections to Teva, a pharmaceutical company marketing Copaxone®, a medicine indicated for the treatment of specific forms of multiple sclerosis. The Statement of Objections comes over a (...)

Michael Clancy, Peter L’Ecluse, Catherine Longeval The EU Commission publishes a revised Informal Guidance Notice clarifying to businesses how to obtain a guidance letter

3 October 2022 400

The European Commission (the Commission ) adopted today a revised Informal Guidance Notice ( IGN ) that explains the business community how to obtain a guidance letter that addresses unresolved or novel questions regarding the application of Articles 101 and 102 of the Treaty on the (...)

Andreas Reindl, Steve Ross The EU General Court partially annuls a Commission decision against a search engine but upholds the key elements (Google Android)

14 September 2022 176

In its judgment of 14 September 2022 (the “Judgment”), the General Court partially upheld Google’s appeal against the Commission’s 2018 Google/Android decision, but upheld the decision’s most important and consequential elements, thus confirming that certain of Google’s practices regarding the (...)

Andreas Reindl, Steve Ross The EU General Court partially upholds appeal against the EU Commission’s decision in relation to the abuse of dominance of a Big Tech in the mobile telecommunications sector (Google / Android)

14 September 2022 46

In its Sept. 14 judgment in Google and Alphabet v. Commission, the European Union’s General Court partially upheld Google LLC’s appeal against the European Commission’s 2018 Google Android decision, but confirmed the decision’s most important and consequential elements. The court held that (...)

Michael Clancy, Peter L’Ecluse, Catherine Longeval, Koen T’Syen The EU Commission prohibits the acquisition of a genetic analysis provider by a cancer detection healthcare company (Illumina / Grail)

6 September 2022 765

On 6 September 2022, the European Commission (the Commission ) prohibited the acquisition of cancer detection test start-up Grail by genetic and genomic analysis firm Illumina (see, attached Commission press releases). This decision formed the dramatic culmination of a procedure which the (...)

Catherine Gordley The EU Commission prohibits a big biotech firm’s completed acquisition of a promising biotech startup developing an early detection cancer test (Illumina / Grail)

6 September 2022 109

On 6 September 2022, the European Commission (“Commission”) announced its decision to prohibit Illumina from acquiring cancer detection test producer Grail, although the parties had already completed the transaction against the Commission’s instructions in August of 2021. Interestingly, this (...)

Michael Clancy, Peter L’Ecluse, Catherine Longeval, Koen T’Syen The EU Commission continues to pursue "gun jumping" merger control proceedings against two pharmaceutical companies on EU merger control referral thresholds (Illumina / Grail)

19 July 2022 1488

On 20 August 2021, the European Commission (the Commission ) said that it would investigate whether Illumina’s decision, made public on 18 August 2021, to acquire Grail pending the Commission’s review of that transaction under Regulation 139/2004 on the control of concentrations between (...)

Michael Clancy, Peter L’Ecluse, Catherine Longeval, Koen T’Syen The EU General Court confirms the Commission may review a merger between two biotech companies even though the EU and national turnover thresholds are not reached (Illumina / Grail)

13 July 2022 585

Yesterday, the General Court of the European Union came down on the side of the European Commission (the Commission ) in that agency’s dispute with genomics firm Illumina and held that the Commission has jurisdiction to examine Illumina’s acquisition of cancer detection test start-up Grail, (...)

Catherine Gordley The EU General Court opens a new path for the EU Commission to accept referrals under the new merger referral policy ruling in a case involving biotechnology companies (Illumina / Grail)

13 July 2022 43

Following its success defending its new merger referral policy before the General Court in Illumina/Grail, the Commission has accepted a further two referrals under Article 22 of the EU Merger Regulation (“EUMR”) where the referring Member States did not have jurisdiction to review the (...)

Catherine Gordley The EU General Court upholds the Commission’s decision to block a joint venture between two steel producers on the grounds that the Commission must be shown a degree of deference when making its significant impediment of effective competition assessment (ThyssenKrupp / Tata Steel)

22 June 2022 147

On 22 June 2022, the GC upheld in full the Commission’s 2019 decision to block a joint venture between ThyssenKrupp and Tata Steel (“the JV”). This was the first appeal of a merger prohibition since the GC overturned the Commission’s prohibition of CK Hutchison’s proposed acquisition of O2 UK (...)

Lynn Waem, Steve Ross, Richard Burton The EU Court of Justice partially annuls a Commission decision in an anticompetitive tender agreement case in the optical disk drive market but upholds the amounts of fines imposed (Optical Disk Drives Cartel)

16 June 2022 105

On 16 June 2022, the Court of Justice of the European Union (“ECJ”) issued four judgments in which it partially annulled earlier judgments of the General Court, which had upheld the 2015 Commission Decision in relation to the optical disk drives (“ODDs”) cartel case. In that case, the (...)

Barbara Monti, David Hull, Nicole Sunderlin The EU General Court annuls in its entirety the Commission’s decision to fine a chipmaker €1B for exclusivity payments to a smartphone manufacturer on the grounds that the economic analysis was unsubstantiated and procedural errors undermined the rights of the defence (Qualcomm)

15 June 2022 127

On 15 June 2022, the General Court of the European Union (“GC”) upheld all of Qualcomm’s arguments and therefore annulled the decision of the European Commission (“Commission”) fining Qualcomm € 1 billion for abuse of dominant position on the Long-Term Evolution (“LTE”) chipsets market. In (...)

Victor-Emanuel Ion, Andrzej Kmiecik The EU Commission proposes to extend validity of Motor Vehicle Block Exemption Regulation and to amend Supplementary Guidelines

6 June 2022 79

On 6 July 2022, the European Commission (“Commission”) published (i) a draft Regulation extending the validity of the Motor Vehicle Block Exemption Regulation (Regulation (EU) No 461/2010) (“MVBER”) by five years and (ii) a draft Communication which would modestly amend the Supplementary (...)

Catherine Gordley The EU General Court upholds a €28M fine for gun jumping in a two-stage transaction to acquire a medical imaging business (Canon / Toshiba Medical Systems)

18 May 2022 138

On 18 May 2022, the General Court of the European Union (“GC”) rejected Canon’s appeal of a € 28 million gun jumping fine imposed by the European Commission (“Commission”) in 2019. The judgment is the latest in a string of Commission appellate victories regarding violations of merger control (...)

Laura Lehoczky-Deckers The EU Commission publishes guidance indicating Russian and Belarusian investments are a potential threat to EU security and public order

6 April 2022 64

On 6 April 2022, the European Commission published its Guidance to the Member States concerning foreign direct investment from Russia and Belarus in view of the military aggression against Ukraine and the restrictive measures laid down in recent Council Regulations on sanctions (“Guidance”). (...)

Jean-François Bellis, Kris Van Hove, Richard Burton The EU General Court partially annuls a €35.7M fine on a Japanese airline (Japan Airlines and others)

30 March 2022 247

In a judgment issued on 30th March 2022, the General Court of the European Union partially annulled the European Commission decision of 17 March 2017 fining Japan Airlines, and a number of other airlines, for having entered into arrangements relating to fuel and security surcharges found to be (...)

Victor-Emanuel Ion The EU General Court dismisses appeals by 13 airlines against a readopted decision which imposed fines of €799M for price coordination (Airfreight cartel)

30 March 2022 82

On 30 March 2022, the General Court of the European Union (“General Court”) handed down thirteen separate judgments on appeals brought by airfreight carriers against the Commission’s re-adopted decision in the Airfreight case. Background In November 2010, the European Commission (...)

Andreas Reindl, Margot Vogels The EU Court of Justice preliminarily rules that the ne bis in idem principle provides limited protection against sanctions following investigations of the same infringements of competition law (bpost) (Nordzucker)

22 March 2022 208

On 22 March 2022, the European Court of Justice (the “ECJ”) handed down two judgments highlighting that the European Union’s ne bis in idem principle – the equivalent to the protection against double jeopardy – provides only limited protection in competition law proceedings where the same (...)

Richard Burton, Pietro Stella The European Competition Network considers that companies may need to cooperate to mitigate the effects of the Russo-Ukrainian war and the EU Commission adopts a Temporary Crisis Framework permitting more State aid

21 March 2022 197

Russian invasion of Ukraine prompts ECN guidance on application of EU competition rules and European Commission’s adoption of State aid crisis framework The Russian invasion of Ukraine on 24 February 2022 has prompted European competition enforcers to reassess the application of the EU (...)

Margot Vogels The EU Court of Justice rules that an undertaking active in a particular market is able to act as an intervenor when a decision against a merger in that market is appealed (Fastweb / Iliad Italia)

22 February 2022 197

ECJ rules that an undertaking active in a market affected by a merger can intervene in the appeal of a merger clearance decision On 22 February 2022, the European Court of Justice (“ECJ”) granted telecoms operator Fastweb SpA leave to intervene in Case T-692/20 in support of Iliad Italia (...)

Catherine Gordley The EU Commission finds that Hungary has violated EU merger rules by vetoing an insurance company for the acquisition of a subsidiary (AEGON / Vienna Insurance)

21 February 2022 286

On 21 February 2022, the European Commission (“Commission”) adopted a decision finding that Hungary had violated Article 21 of the EU Merger Regulation (“EUMR”) by vetoing the Vienna Insurance Group AG Wiener Versicherung Gruppe’s (“VIG”) acquisition of AGEON’s Hungarian subsidiary. In July (...)

Steve Ross The EU Commission launches consultation on a new framework for standard essential patents

14 February 2022 498

On 14 February 2022, the European Commission (“Commission”) launched a public consultation on an initiative for a new framework for standard essential patents (“SEPs”) called “Intellectual property – new framework for standard essential patents”, in order to receive the views of citizens and (...)

Catherine Gordley, Marc Freedman The EU Commission, along with the German and UK Competition Authorities clears the acquisition of a provider of customer relationship management software by a Big Tech company (Meta / Kustomer)

11 February 2022 327

On 27 January 2022, the Commission conditionally cleared Meta’s (formerly Facebook) acquisition of Kustomer, a small, innovative customer relationship manager (“CRM”) software creator. In a parallel process, the German Federal Cartel Office (“FCO”) cleared the same transaction with regard to (...)

Margot Vogels, Andreas Reindl The EU General Court rules that the Commission must ensure a “best placed” national competition authority can safeguard fundamental rights (Sped-Pro)

9 February 2022 387

In its Sped-Pro judgment of 9 February 2022, the General Court of the European Union (“General Court”) for the first time examined the impact of deficiencies in the rule of law in an EU Member State on determining which competition authority in the EU is best placed to examine a complaint (...)

Andrzej Kmiecik, Floris-Willem Dierickx The EU Commission issues draft guidance on information exchange in dual distribution scenarios

4 February 2022 380

On 4 February 2022, the European Commission (“Commission”) published (for a brief period of public consultation) revised draft guidance on dual distribution, available here, which includes an extensive discussion concerning information exchange (“Draft Guidance”). This is likely to be one of (...)

Charlotte De Meeûs The EU General Court confirms the case law on the presumption of innocence in cartel cases where only some parties are given leniency for cooperation (Scania)

2 February 2022 420

On 2 February 2022, the General Court of the European Union delivered a judgment in which it upheld the European Commission’s (“Commission”) decision to impose a fine of €880.5 million on Scania for participating in a cartel for 14 years with five other truck manufacturers (Case T-799/17, (...)

Andreas Reindl, Margot Vogels, Barbara Monti, Victor-Emanuel Ion The EU General Court affirms EU Commission’s decision to accept ’light-touch’ commitments from a Russian gas exporter to avoid a fine for anticompetitive behaviour and reverses another Commission decision with similar facts because the rationale was inadequate (Gazprom / Polskie Górnictwo Naftowe i Gazownictwo)

2 February 2022 243

Gazprom: General Court confirms Commission’s commitment decision but annuls a decision based on similar grounds to reject a complaint against Gazprom On 2 February 2022, the General Court of the European Union (the “Court”) issued two judgments which follow the European Commission’s (the (...)

Steve Ross The EU General Court annuls most of the Commission’s decision to impose a fine of € 1.06 billion on a semiconductor company for abuse of dominance on the global market for x86 processors (Intel)

26 January 2022 473

General Court overturns Commission’s Intel decision On 26 January 2022, the General Court of the European Union annulled most of the decision of the European Commission (“Commission”), which had imposed a fine of € 1.06 billion on Intel for having abused its dominant position on the worldwide (...)

Jean-François Bellis, Kris Van Hove, Tim Kasten The EU General Court annuls the Commission’s decision finding that rebates granted by a large semiconductor chip manufacturer resulted in an abuse of dominance (Intel)

26 January 2022 217

In a judgment issued today, the General Court of the European Union has annulled the part of the EU Commission’s decision of 13 May 2009 finding that rebates granted to Intel’s major OEM customers infringed Article 102 TFEU. The Court also annulled the fine of € 1.06 billion imposed on Intel. (...)

Pietro Stella, Markus Wellinger The EU Court of Justice overturns the ruling of the EU General Court paving the pay for infringement proceedings against the UK for breaching the principle of sincere cooperation (Micula)

25 January 2022 221

On 25 January 2022, the Court of Justice of the European Union (“ECJ”) delivered its judgment in the long-running Micula case. Despite being issued by the highest EU Court, the ruling did not put an end to this long-standing saga, as the ECJ annulled the previous judgment of the General Court (...)

Margot Vogels, Andreas Reindl The EU Commission publishes its final report on the consumer Internet of Things ahead of the final ’DMA’ negotiations, indicating material competition concerns in digital assistant markets

20 January 2022 418

On 20 January 2022, the European Commission (“Commission”) issued its (short) final report on the sector inquiry into consumer Internet of Things (“Report”), along with an explanatory Commission staff working document. The Report identifies various practices that may limit competition and (...)

Margot Vogels, Andreas Reindl The EU General Court awards a telecommunications company €1.8 million in damages, finding that the Commission had wrongly refused to pay default interest on the portion of a fine that the company had initially paid for an infringement of competition rules (Deutsche Telekom)

19 January 2022 371

In a judgment of 19 January 2022, the General Court of the European Union (“Court”) awarded Deutsche Telekom AG (“DT”) € 1.8 million in damages, finding that the European Commission (“Commission”) had wrongly refused to pay default interest on the portion of a fine that DT had initially paid (...)

Catherine Gordley The EU Commission prohibits the proposed merger between two shipbuilding companies (Hyundai Heavy Industries / Daewoo Shipbuilding & Marine Engineering)

13 January 2022 386

On 13 January 2022, the European Commission (“Commission”) announced its decision to prohibit Hyundai Heavy Industries Holdings’ (“HHIH”) acquisition of rival Korean shipbuilder Daewoo Shipbuilding & Marine Engineering Co., Ltd (“DSME”). The Commission was concerned that the transaction (...)

Pietro Stella, Markus Wellinger The EU Court of Justice AG Pikamäe delivers an opinion concerning the fiscal advantages granted by Luxembourg to a subsidiary of a major car manufacturing company which could substantially change the Commission’s approach in assessing member states’ tax rulings (Fiat / Ireland)

16 December 2021 197

On 16 December 2021, Advocate General Priit Pikamäe delivered an Opinion in Case C-898/19 P, Ireland v Commission and Others, concerning fiscal advantages granted by Luxembourg to a Fiat group subsidiary, which – if followed by the European Court of Justice – could substantially change the (...)

Margot Vogels, Andreas Reindl The EU Parliament and Council adopt amendments to the Commission’s proposal for negotiating the final text of the Digital Markets Act

15 December 2021 329

On 15 December 2021, the European Parliament (“Parliament”) adopted its position for negotiating the final text of the so-called Digital Markets Act (Regulation on contestable and fair markets in the digital sector)(“DMA”), shortly after the Council of the European Union (“Council”) had (...)

Pietro Stella, Markus Wellinger The EU General Court annuls a Commission decision that found the measures taken by Romania to support a petrochemical company to be incompatible State aid (Oltchim)

15 December 2021 188

On 15 December 2021, the Tenth Chamber of the General Court (Extended Composition) annulled a Commission decision that found the measures taken by Romania to support Oltchim – a petrochemical company – to be incompatible State aid (Case T-565/19, Oltchim v Commission). The facts of the (...)

Steve Ross The EU Commission fines a Spanish ethanol producer €20M for participating in a cartel concerning the wholesale price formation mechanism in the EU ethanol market (Abengoa)

10 December 2021 274

On 10 December 2021, the European Commission issued a press release in which it reported that it had fined Spanish ethanol producer, Abengoa S.A. and its subsidiary Abengoa Bionenergía S.A. (together, “Agengoa”), € 20 million for participating in a cartel concerning the wholesale price (...)

Margot Vogels, Andreas Reindl The EU Commission publishes draft guidelines on the application of EU competition law to collective agreements regarding working conditions of solo self-employed persons

9 December 2021 240

On 9 December 2021, the European Commission (“Commission”) approved a draft communication containing guidelines on the application of EU competition law to collective agreements regarding the working conditions of solo self-employed persons (“Draft Guidelines”). The Draft Guidelines reflect (...)

Laura Lehoczky-Deckers The EU Commission releases its first annual FDI Screening Report on the screening of foreign direct investment in the Union

23 November 2021 189

On 23 November 2021, the European Commission published its first Annual Report on the screening of foreign direct investment (“FDI”) into the Union. Key messages of the report are: (i) a growing number of Member States are introducing new, or broadening the scope of existing, FDI screening (...)

Floris-Willem Dierickx, Andrzej Kmiecik The EU Court of Justice offers guidance on customer priority clauses in software distribution contracts by reaffirming fundamental principles regarding vertical restraints and intrabrand restrictions (Visma)

18 November 2021 228

On 18 November 2021, the European Court of Justice (“ECJ” or “Court”) issued a preliminary ruling in a case referred by a Latvian court concerning the interpretation of Article 101(1) and (3) of the Treaty on the Functioning of the European Union (“TFEU”) in relation to a clause in a software (...)

Andreas Reindl, Margot Vogels, Emma Janson The EU Commission publishes a Communication on a competition policy which would support the transition to a sustainable, digital, and resilient European economy

18 November 2021 286

On 18 November 2021, the European Commission (“Commission”) published a communication on a competition policy fit for new challenges (“Communication”). There has been a significant push toward a more European Union-centred industrial policy which would support the transition to a sustainable, (...)

Andreas Reindl, Margot Vogels, Barbara Monti The EU General Court confirms that “self-preferencing” by a Big Tech company can infringe Article 102 TFEU (Google Shopping)

10 November 2021 491

On 10 November 2021, the European General Court (“EGC” or “Court”) delivered its landmark Google Shopping judgment, the first judicial pronouncement on “self-preferencing” as a viable theory of harm under Article 102 TFEU. The EGC fully endorsed the European Commission’s (“Commission”) (...)

Michael Clancy, Peter L’Ecluse, Catherine Longeval, Koen T’Syen The EU Commission announces interim measures to avert possibly irreversible consequences of a merger between two pharmaceutical companies (Illumina / Grail)

29 October 2021 501

Less than a month ago, the European Commission (the Commission) announced that it would open an investigation to determine whether Illumina’s decision to acquire Grail pending its review of that transaction under Regulation 139/2004 on the control of concentrations between undertakings (the (...)

Edoardo Canali, Markus Wellinger, Pietro Stella The EU Court of Justice delivers several judgments dismissing appeals brought against a ruling of the General Court that upheld the Commission’s decision declaring the tax rule on amortization of financial goodwill in Spain as incompatible State aid (Deutsche Telekom / Banco Santander / Sigma Alimentos Exterior / Prosegur Compañia de Seguridad / Duty Free Group / Santusa)

6 October 2021 422

On 6 October 2021, the European Court of Justice (“ECJ” or the “Court”) delivered a number of judgments (Case C-50/19 P Sigma Alimentos Exterior v Commission; Joined Cases C-51/19 P World Duty Free Group v Commission and C-64/19 P Spain v Commission; Case C-52/19 P Banco Santander v (...)

Edoardo Canali, Markus Wellinger, Pietro Stella The EU Court of Justice dismisses appeals against judgments rendered by the General Court that partially annulled the Commission’s decision regarding the financing of an infrastructure project between Denmark and Germany and provides guidance on the assessment of distortion of competition in case of statutory monopolies (Scandlines Danmark / Scandlines Deutschland)

6 October 2021 226

On 6 October 2021, in joined Cases C-174/19 and C-175/19, the European Court of Justice (“ECJ”) dismissed the appeals against the judgments rendered by the European General Court (“EGC”) that partially annulled the Commission decision SA.39078 (2014/N) regarding the financing of an (...)

Laura Lehoczky-Deckers, Rebecca Halbach, Edoardo Canali, Giovanni Pregno, Dilja Helgadottir, Floris-Willem Dierickx The EU Commission proposes an updated list of projects and programs of EU interest annexed to the FDI Screening Regulation

29 September 2021 216

Foreign Direct Investment: Recent Developments at European Union, United Kingdom and EU Member State Level EUROPEAN UNION LEVEL European Commission proposes updated list of projects and programmes of EU interest annexed to FDI Screening Regulation On 29 September 2021, the European (...)

Steve Ross The EU General Court dismisses five separate appeals in an electrolytic capacitors cartel case, including on increased fines for repeated offences and partial immunity from fines (NEC / Nichicon / Tokin / Rubycon / Nippon Chemi-Con)

29 September 2021 323

On 29 September 2021, the European General Court (“EGC”) dismissed in five separate judgments appeals lodged by Japanese producers, namely NEC Corporation, Nichicon Corporation, Tokin Corporation, Rubycon and Nippon Chemi-Con Corporation, against a decision adopted by the European Commission (...)

Michael Clancy, Peter L’Ecluse, Catherine Longeval, Koen T’Syen The EU Commission launches a public consultation on the reform of pharmaceutical legislation

28 September 2021 653

On 28 September 2021, the European Commission (the Commission) launched a public consultation that probes for stakeholders’ views on the reform of the pharmaceutical regulatory framework. The consultation will run until 21 December 2021 and marks a new milestone in a long-running debate (...)

Michael Clancy, Peter L’Ecluse, Catherine Longeval, Koen T’Syen The EU Commission raises the stakes by issuing a Statement of Objections against a healthcare company in which it threatens to adopt interim measures to prevent potentially irreparable damage to competition (Illumina / Grail)

20 September 2021 500

In September 2021, the European Commission (the Commission) announced that it would open an investigation to determine whether Illumina’s decision to acquire Grail pending its review of that transaction under Regulation 139/2004 on the control of concentrations between undertakings (the Merger (...)

Valérie Lefever, Peter L’Ecluse The EU Court of Justice AG Bobek proposes to include protected legal interests within the threefold conditions for the ne bis in idem principle thereby allowing the Belgian Competition Authority to pursue a fine against a postal incumbent which had already been fined by its sectoral regulator (bpost / Nordzuck)

2 September 2021 642

On 2 September 2021, Advocate General (AG) Bobek delivered his opinion in case C-117/20, bpost SA v. Autorité belge de la Concurrence, on the conditions of application of the ne bis in idem principle, pursuant to which one cannot be tried or punished for an infringement for which one has (...)

Michael Clancy, Peter L’Ecluse, Catherine Longeval, Koen T’Syen The EU Commission opens a new front by investigating a possible violation of a standstill obligation under the EU Merger Regulation against a concentration that is below usual EU and national thresholds for review (Illumina / Grail)

20 August 2021 244

On 20 August 2021, the European Commission (the Commission) announced that it would investigate whether Illumina’s decision, made public on 18 August 2021, to acquire Grail pending the Commission’s review of that transaction under Regulation 139/2004 on the control of concentrations between (...)

Valérie Lefever, Peter L’Ecluse The EU Commission opens infringement proceedings against 12 Member States for failure to transpose the EU Directive prohibiting unfair trading practices in the agri-food sector

27 July 2021 290

On 27 July 2021, the European Commission (the Commission) opened an infringement procedure against Belgium and eleven other EU Member States for failure to implement Directive (EU) 2019/633 of 17 April 2019 on unfair trading practices in business-to-business relationships in the agricultural (...)

Francesco Pili, Markus Wellinger The EU Court of Justice rejects an appeal filed by an airline company and provides further guidance on standing to challenge State aid decisions related to competing undertakings (Lufthansa)

15 July 2021 254

On 15 July 2021, the Court of Justice of the European Union (“ECJ” or “Court”) rejected the appeal filed by the German airline company Deutsche Lufthansa AG against the judgment of the General Court of 12 April 2019, Deutsche Lufthansa v Commission (Case T-492/15). The substance of the (...)

Kris Van Hove, Margot Vogels The EU Court of Justice hands down a judgment following a request for a preliminary ruling on the interpretation of Article 7(2) of 1215/2012 on the jurisdiction, recognition, and enforcement of judgments in civil and commercial matters (RH / Volvo)

15 July 2021 293

On 15 July 2021, the Court of Justice of the European Union (“ECJ”) handed down a judgment following a request for a preliminary ruling on the interpretation of Article 7(2) of 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (...)

Andrzej Kmiecik, Andreas Reindl, Valérie Lefever, Margot Vogels The EU Commission publishes the draft revised Vertical Block Exemption Regulation and draft revised Guidelines on Vertical Restraints

9 July 2021 296

On 9 July 2021, the European Commission (“Commission”) published the draft revised Vertical Block Exemption Regulation (“Draft VBER”) and draft revised guidelines on vertical restraints (“Draft VGL”), a key step in the context of the revision of the current regime governing vertical (...)

Katharina Bongs The EU Court of Justice orders removal of a request for a preliminary ruling by the Regional Court of Dusseldorf regarding the licensing of standard essential patents in multi-layered supply chains (Nokia / Daimler)

24 June 2021 373

On 24 June 2021, the Court of Justice of the European Union (“ECJ”) ordered the removal of a request for a preliminary ruling lodged by the Regional Court of Düsseldorf on 23 March 2021 in Case C-182/21, Nokia Technologies Oy v. Daimler AG. The questions arose in a dispute between Nokia and (...)

Andreas Reindl The European Competition Network publishes a joint position paper on how national competition authorities can strengthen the Digital Markets Act

22 June 2021 387

On 22 June 2021, the heads of the national competition authorities (“NCAs”) published a joint position paper entitled How national competition authorities can strengthen the DMA (“NCA Paper”). The NCA Paper argues that NCAs are well placed to assist the European Commission (“Commission”) – and (...)

Andreas Reindl, Margot Vogels The EU Commission publishes an inception impact assessment about potential revisions to the research and development block exemption regulation and the specialisation block exemption regulation

7 June 2021 232

In the course of the ongoing review of the application of the EU competition rules to horizontal cooperation agreements, the European Commission (“Commission”) published on 7 June 2021 an inception impact assessment (“IIA”) in relation to potential revisions to the Research and Development (...)

Andrzej Kmiecik, Denise Osei The EU Commission publishes its evaluation report on the operation of the motor vehicle block exemption regulation

28 May 2021 249

On 28 May 2021, the European Commission (“Commission”) published its Evaluation Report on the operation of the Motor Vehicle Block Exemption Regulation, Commission Regulation No 461/2010, (available here), and the accompanying Staff Working Document (available here). The aim of the (...)

Steve Ross The EU Commission fines seven investment banks for operating a cartel in the primary and secondary markets for European government bonds (Bank of America / Natixis / RBS / UBS / UniCredit / WestLB)

20 May 2021 292

On 20 May 2021, the European Commission adopted a decision imposing fines on a series of investment banks relating to the trading of European Government Bonds (“EGB”). EGB In its decision, adopted on 20 May 2021, the Commission found seven investment banks, Bank of America, Natixis, (...)

Francesco Pili, Markus Wellinger The EU General Court delivers three judgments State aid granted to support airlines in the aftermath of the COVID-19 pandemic (Ryanair)

19 May 2021 260

On 19 May 2021, the General Court of the European Union (“GC”) delivered three further judgments in cases brought by Ryanair concerning State aid granted to support other airlines in the aftermath of the COVID-19 pandemic. In one of these cases, the GC rejected Ryanair’s action for annulment (...)

Francesco Pili, Markus Wellinger The EU General Court delivers two new landmark rulings in the field of State aid and taxation against a Big Tech company and an energy company (Amazon) (Engie)

12 May 2021 282

On 12 May 2021, the General Court of the European Union (“GC”) delivered two important judgments concerning tax rulings granted by Luxembourg to Amazon (Joined cases T-816/17, Luxembourg v Commission and T-318/18, Amazon EU and Amazon.com v Commission) and Engie (Joined cases T-516/18, (...)

Catherine Gordley The EU Commission unveils its proposed regulation on foreign subsidies

5 May 2021 267

On 5 May 2021, the Commission adopted a proposal for a Regulation on foreign subsidies distorting the internal market (“Proposed Regulation”), following on from an initial framework laid out in a White Paper in June 2020. Broadly speaking, through the Proposed Regulation, the Commission aims (...)

Catherine Gordley The EU Commission imposes a € 7.5 million fine on a chemical company for providing misleading information during the review of its acquisition (Merck / Sigma-Aldrich)

3 May 2021 184

On 3 May 2021, the Commission imposed a € 7.5 million fine on Sigma-Aldrich for providing incorrect and misleading information during the Commission’s review of its acquisition by Merck. While this is only the third fine the Commission has imposed on this basis, it extends the Commission’s (...)

Steve Ross The EU Commission imposes total fines of €28 million on three investment banks for their involvement in a cartel in the EEA secondary trading market for SSA bonds denominated in US Dollars (Bank of America Merrill Lynch / Crédit Agricole / Crédit Suisse)

28 April 2021 264

On 28 April, the European Commission adopted a decision imposing fines on a series of investment banks relating to the trading of Supra-sovereign, Sovereign and Agency (“SSA”) bonds. SSA Bonds In the first decision, adopted on 28 April 2021, the Commission imposed total fines of € 28 (...)

Catherine Gordley The EU Commission accepts its first merger referral under Article 22 of the Merger Regulation where the transaction falls below the requisite thresholds (Illumina / Grail)

20 April 2021 321

On 23 March 2021, the European Commission (“Commission”) published Guidance outlining its new approach in accepting and encouraging referrals under Article 22 of the Merger Regulation of deals that fail to meet either the EU or Member State turnover thresholds but that nonetheless affect (...)

Michael Clancy, Peter L’Ecluse, Catherine Longeval, Koen T’Syen The EU Commission plans on reviewing a transaction even though EU and national turnover thresholds are not reached (Illumina / Grail)

20 April 2021 231

In a controversial move, the European Commission (the Commission) announced on 20 April 2021 that it would review the proposed acquisition of cancer detection test start-up Grail by genomics firm Illumina, both of the US. The Commission acted on a request of France, which was backed by three (...)

Francesco Pili, Markus Wellinger The EU General Court provides further guidance on the standard of judicial review of Commission decisions not to raise objections at the end of a preliminary examination phase (Achema / Lifosa) (Verband Deutscher Alten)

14 April 2021 268

On 14 April 2021, the General Court delivered two judgments (Achema and Lifosa, Case T-300/19, and Verband Deutscher Alten und Behindertenhilfe and CarePool Hannover, Case T-69/18, hereinafter “Achema” and “Verband Deutscher Alten”), which provide further guidance on the standard of judicial (...)

Francesco Pili, Markus Wellinger The EU General Court rejects a company’s actions for annulment against decisions of the Commission on COVID-19 individual aid in the aviation sector (Ryanair)

14 April 2021 298

On 14 April 2020, the General Court dismissed the actions for annulment brought by Ryanair against three decisions of the Commission authorising State aid in the airline sector. These judgments were delivered by the same Tenth Chamber (extended composition), which had already dismissed in (...)

Michael Clancy, Samuel Hall, Peter L’Ecluse, Catherine Longeval, Koen T’Syen The EU Commission issues a second competition comfort letter in support of pharmaceutical cooperation to combat the COVID-19 pandemic

29 March 2021 1259

On Monday 29 March 2021, the European Commission’s Directorate General for Competition (the Commission) published its second “new style” comfort letter. It was addressed to the organisers of an online “matchmaking event” that runs on 29 and 31 March 2021 and brings together more than 300 (...)

Steve Ross The EU Court of Justice confirms the pay-for-delay infringement decision in the pharmaceutical sector (Lundbeck)

25 March 2021 830

On 25 March 2021, the European Court of Justice (“ECJ”) dismissed all appeals against the 2016 rulings of the General Court which had upheld the European Commission’s (“Commission”) decision to fine Lundbeck and four generic pharmaceutical companies (Merck, Alpharma, Arrow and Ranbaxy) for (...)

Michael Clancy, Samuel Hall, Peter L’Ecluse, Catherine Longeval, Koen T’Syen The EU Court of Justice dismisses appeals by several manufacturers of medicines regarding pay-for-delay patent settlement agreements (Lundbeck)

25 March 2021 474

On 25 March 2021, the Court of Justice of the European Union (CJEU) dismissed all appeals against the decision of the European Commission (the Commission) to fine Lundbeck and four generic pharmaceutical companies (Alpharma, Arrow, Merck, and Ranbaxy) for concluding “pay-for-delay” patent (...)

Michael Clancy, Samuel Hall, Peter L’Ecluse, Catherine Longeval, Koen T’Syen The EU Commission publishes a notice on how to fight collusion in public procurement and on guidance on how to apply the related exclusion ground

18 March 2021 489

On 18 March 2021, the Official Journal of the European Union published a European Commission (Commission) Notice on “tools to fight collusion in public procurement and on guidance on how to apply the related exclusion ground” (see, attached copy; the Notice). The Notice develops the tools (...)

Michael Clancy, Samuel Hall The EU Court of Justice reduces the fine imposed on a company in the steel abrasives cartel case (Pometon)

18 March 2021 476

On 18 March 2021, the European Court of Justice (“ECJ”) delivered its judgment in Pometon SpA v European Commission (Case C-440/19) in connection with the Steel Abrasives cartel case. In its judgment, the ECJ partially upheld the appeal in so far as it found that the General Court had breached (...)

Valérie Lefever, Peter L’Ecluse The EU Commission issues notice on tools to fight collusion in public procurement

18 March 2021 228

On 18 March 2021, the Official Journal of the European Union published a European Commission (Commission) Notice on “tools to fight collusion in public procurement and on guidance on how to apply the related exclusion ground” (the Notice; available here). The Notice develops the tools which (...)

Catherine Gordley The EU Commission and other Competition Authorities announce the formation of a multilateral pharma merger working group

16 March 2021 351

On 16 March 2021, the European Commission, the UK Competition and Markets Authority (“CMA”), the Canadian Competition Authority and the US competition authorities announced the formation of a trans-Atlantic working group to exchange best practices on pharmaceutical mergers. Pharmaceutical (...)

Francesco Pili, Markus Wellinger The EU Court of Justice confirms shortcomings of the Commission’s State aid investigation into progressive turnover-based taxes adopted by Hungary and Poland

16 March 2021 343

On 16 March 2021, the Grand Chamber of the European Court of Justice (“ECJ”) rejected the appeals brought by the Commission against the General Court’s (“GC)” judgments concerning progressive turnover-based taxes adopted by Hungary (Case C-596/19 P) and Poland (Case C-562/19 P). The national (...)

Markus Wellinger, Francesco Pili The EU Court of Justice further relaxes the standards of review of “aid schemes” and annuls the General Court’s judgment on Spanish football clubs (Fútbol Club Barcelona)

4 March 2021 357

On 4 March 2021, the European Court of Justice (“ECJ”) delivered another interesting judgment (Case C-362/19 P) in the “Spanish football club saga”, which set aside the General Court’s (“GC”) judgment of 26 February 2019, Fútbol Club Barcelona v Commission (Case T-865/16, the “judgment under (...)

Francesco Pili, Markus Wellinger The EU Court of Justice rejects the Commission’s appeal concerning alleged aid granted to a bank and clarifies the requirements for the imputability test in the case of private entities (Banca Popolare di Bari)

2 March 2021 197

On 2 March 2021, the Grand Chamber of the Court of Justice (“ECJ”) confirmed the judgment of the General Court (“GC”) in Tercas (19 March 2019, Italy and Others v Commission, Joined Cases T-98/16, T-196/16 and T-198/16). The judgments on appeal and at first instance provide important guidance (...)

Catherine Gordley The EU Commission conditionally clears a merger in the radiotherapy solutions market and subjects it to interoperability commitments (Siemens / Varian Healthineers)

19 February 2021 105

On 19 February 2021, the Commission conditionally cleared the acquisition of Varian by Siemens’ subsidiary Siemens Healthineers. Varian is a leading US supplier of radiotherapy solutions used to plan and deliver radiotherapy treatment, while German-based Siemens Healthineers is a leading (...)

Catherine Gordley The EU Commission imposes final measures in a merger after delay in divestiture in the aluminium automotive body sheets market (Novelis / Aleris)

18 February 2021 156

On 18 February 2021, the Commission imposed final measures on aluminium manufacturer Novelis related to the belated divestment of a production plant required as a condition of the Commission’s clearance of the Novelis/ Aleris merger in 2019. Novelis had obtained conditional clearance to (...)

Francesco Pili, Markus Wellinger The EU General Court rejects actions against the Commission’s decisions on COVID-19 aid schemes in the aviation sector (Ryanair)

17 February 2021 311

On 17 February 2021, the General Court delivered two important judgments concerning State aid granted by Sweden (T-238/20) and France (T-259/20), respectively, on the basis of the Temporary Framework for State aid measures to support the economy in the current COVID-19 outbreak (the “Covid-19 (...)

Samuel Hall The EU Commission accepts a commitment to reduce the price of six cancer medicines by 73% in an excessive pricing case in the pharmaceutical industry (Aspen)

10 February 2021 156

On 10 February 2021, the Commission announced that it had accepted a series of pricing and supply commitments from Aspen, thereby bringing an end to its investigation into whether Aspen had infringed Article 102 TFEU by charging excessive prices for six off-patent cancer medicines. Having (...)

Michael Clancy, Samuel Hall The EU Commission accepts the commitment offered by a pharmaceutical company for excessive pricing (Aspen)

10 February 2021 269

In February 2021, the European Commission’s (“Commission”) long-running excessive pricing case against Aspen was brought to a close, with Aspen accepting a series of forward-looking pricing and supply commitments, but avoiding any fines or requirements to repay all of the higher prices charged (...)

Andrzej Kmiecik The EU Commission publishes a working paper outlining its preliminary views on the application of article 101 TFEU to distributors that also act as agents for the same supplier

5 February 2021 566

On 5 February 2021, the European Commission (“Commission”) published an important working paper outlining its preliminary views on the application of Article 101 TFEU to distributors that also act as agents for the same supplier (the “Working Paper”). As brand owners are showing an increasing (...)

Francesco Pili, Markus Wellinger The EU Commission adopts 5th amendment to the temporary framework for State aid measures to support the economy in the current COVID-19 outbreak

28 January 2021 349

On 28 January 2021, the European Commission (“Commission”) amended the Temporary Framework for State aid measures to support the economy in the current COVID-19 outbreak (the “Temporary FrameworK”). Below we outline the most relevant amendments: The application of the Temporary Framework is (...)

Margot Vogels The EU Court of Justice confirms the Commission’s power to issue a request for additional information after a statement of objections (Qualcomm)

28 January 2021 270

On 28 January 2021, the European Court of Justice (“ECJ”) handed down a judgment in Case C-466/19 P (Qualcomm Inc. and Qualcomm Europe v. European Commission). Following a complaint submitted in 2010 by Icera Inc., a producer and distributor of soft chipsets which deliver high-performance (...)

Floris-Willem Dierickx, Andrzej Kmiecik The EU Commission fines a PC gaming platform operator and five video game publishers €7.8 million for geo-blocking practices (Valve / Bandai Namco / Capcom / Focus Home / Koch Media / ZeniMax)

20 January 2021 258

On 20 January 2021, the European Commission (the “Commission”) announced that it had fined the US company Valve, owner of the popular online PC gaming platform “Steam” (“Steam”), and five publishers of video games (Capcom, Bandai Namco, Koch Media, Focus Home Interactive and ZeniMax Media) a (...)

Koen T’Syen The EU Court of Justice clarifies the application of optional exclusion grounds and the right to self-cleaning (RTS Infra / Aannemingsbedrijf Norré-Behaegel)

14 January 2021 181

On 14 January 2021, the Court of Justice of the European Union (CJEU) held that tenderers who find themselves in one of the optional grounds for exclusion referred to in Article 57(4) of Directive 2014/24/EU of 26 February 2014 on public procurement (the Directive) are only obliged to (...)

Catherine Gordley The EU Commission conditionally clears the acquisition of a financial data products provider by a leading financial infrastructure company (Refinitiv / London Stock Exchange Group)

13 January 2021 78

On 13 January 2021, the European Commission (“Commission”) conditionally cleared the London Stock Exchange Group’s (“LSEG”) acquisition of financial data products provider Refinitiv following an in-depth (Phase 2) investigation. LSEG is a leading financial infrastructure company, which (...)

Francesco Pili, Markus Wellinger The EU General Court provides guidance on the standing to challenge Commission decisions rejecting State aid complaints and the concepts of ’State resources’ and ’imputability’ with regard to decisions adopted by industry associations (Bezouaoui / HB Consultant)

13 January 2021 96

On 13 January 2021, the European General Court (“GC”) delivered a judgment providing guidance on the standing to challenge European Commission (“Commission”) decisions rejecting State aid complaints, and on the concepts of “State resources” and “imputability” within the meaning of Article (...)

Catherine Gordley The EU Commission clears subject to conditions the acquisition of a healthcare devices manufacturer by a US tech giant (Fitbit / Google)

17 December 2020 522

On 17 December 2020, following a Phase II investigation, the Commission approved Google’s acquisition of Fitbit subject to commitments. Fitbit is an American company that develops and sells wearable fitness devices such as smartwatches and fitness trackers, as well as related software and (...)

Andreas Reindl, Margot Vogels, Maria-Olga Papadopoulou The EU Commission proposes regulation on a single market for digital services

15 December 2020 273

On 15 December 2020, the European Commission (the “Commission”) presented a legislative package consisting of a proposed Regulation on a Single Market for Digital Services (“Digital Services Act” or “DSA”), which creates new rules applicable to providers of online intermediary services, as (...)

Francesco Pili, Markus Wellinger The EU Commission authorises pan-European guarantee fund for companies affected by the Covid-19 outbreak

14 December 2020 176

On 14 December 2020, the Commission authorised the creation of a € 25 billion Pan-European Guarantee Fund managed by the European Investment Bank (“EIB”) to support companies affected by the coronavirus outbreak. The creation of this Pan-European Guarantee Fund (the “Fund”) was endorsed by the (...)

Peter L’Ecluse, Catherine Longeval, Koen T’Syen The EU Commissioner Margrethe Vestager delivers a speech on priorities for competition policy and enforcement at the OECD

7 December 2020 154

On 7 December 2020, the European Commissioner responsible for competition policy Margrethe Vestager delivered a speech at the OECD Global Forum on Competition entitled “Competition policy: time for a reset?” in which she discussed the Commission’s priorities for 2021 (see, attachment). These (...)

Francesco Pili, Markus Wellinger The EU Court of Justice AG Kokott suggests annulling the judgment of the General Court and provides guidance on the concept of “aid scheme” in cases of tax rulings (Magnetrol International)

3 December 2020 180

On 3 December 2020, Advocate General Kokott delivered her opinion on the appeal brought against the judgment of the General Court in case Belgium and Magnetrol International v Commission (Cases T-131/16 and T-263/16) of 14 February 2019 (the “Judgment under appeal”), which had annulled (...)

Peter L’Ecluse, Catherine Longeval, Koen T’Syen The EU Commission fines two pharmaceutical companies for a pay-for-delay patent settlement agreement (Teva / Cephalon)

26 November 2020 417

On 26 November 2020, the European Commission (the Commission) brought to an end a long running competition case by finding against Cephalon and Teva on account of a “pay-for-delay” patent settlement agreement involving modafinil, the active substance of a sleeping disorder medicine (see, (...)

Peter L’Ecluse, Catherine Longeval, Koen T’Syen The EU Commission presents the pharmaceutical strategy for Europe

25 November 2020 316

On 25 November 2020, the European Commission (the Commission) unveiled its Pharmaceutical Strategy for Europe (PSE), a wide-ranging document that discusses a series of broad policy statements, tentative considerations and concrete measures to tackle the many challenges faced by the (...)

Peter L’Ecluse, Valérie Lefever The EU Court of Justice states that the fee structure for music played at festivals adopted by a collecting society is not necessarily abusive (SABAM)

25 November 2020 159

On 25 November 2020, the Court of Justice of the European Union (the CJEU) delivered a judgment in case C-372/19 holding that the fee structure for music played at festivals adopted by collecting societies such as SABAM is not necessarily abusive under Article 102 TFEU. The case had come (...)

Francesco Pili, Markus Wellinger The EU Court of Justice rules that national courts should order a recipient of unlawful aid to pay the “illegality interest” even where the Commission finds that the aid is granted to an undertaking performing a Service of General Economic Interest (Viasat Broadcasting UK / TV2 Danmark)

24 November 2020 57

On 24 November 2020, the Grand Chamber of the European Court of Justice delivered a judgment that. It provides important guidance with regard to the obligation for national courts to order the recipient of an unlawful aid (aid that was granted in breach of the prior notification rule) to pay (...)

Maria-Olga Papadopoulou, Kris Van Hove The EU Court of Justice rules that an online travel agency has abused its dominant position, and opens greater access to victims to bring actions before national courts (Wikingerhof / Booking.com)

24 November 2020 142

On 24 November 2020, the Grand Chamber of the Court of Justice (the “ECJ”) ruled that the special jurisdiction rule for tort disputes under Regulation 1215/2012 (the “Brussels I bis Regulation”) applies to actions based on a breach of competition law, even within the context of a contractual (...)

Andrzej Kmiecik, Floris-Willem Dierickx The EU Commission publishes a study on territorial supply constraints in the European retail sector

19 November 2020 182

On 19 November 2020, the European Commission (“Commission”) published a study on territorial supply constraints (“TSCs”) in the EU retail sector (the “Study”), available here. The Study is the outcome of a fact-finding mission commissioned by DG GROW and clarifies the prevalence and effects of (...)

Samuel Hall The EU General Court maintains the Commission’s decision finding that a Lithuanian railway company abused its dominant position in the national rail freight sector (Lietuvos geležinkelai)

18 November 2020 170

On 18 November 2020, the General Court (“GC”) issued its judgment confirming the European Commission’s (“Commission”) decision to fine Lithuanian Railways for the abuse of its dominant position on the Lithuanian rail freight market. The GC rejected all of the appellant’s complaints, but (...)

Francesco Pili, Markus Wellinger The EU Commission publishes the results of its policy evaluation of the State aid modernisation reform

30 October 2020 69

On 30 October 2020, the Commission published the results of its policy evaluation of the State aid modernisation (“SAM”) reform launched in 2012 (the “Fitness Check”). The Fitness Check concerned the State aid rules provided in the General Block Exemption Regulation, the de minimis Regulation, (...)

Charlotte De Meeûs The EU General Court’s President suspends RFIs requiring the production of documents containing sensitive personal data until a specific virtual data room procedure is set up (Facebook)

29 October 2020 490

On 29 October 2020, the President of the General Court (“GC”) issued two orders suspending the operation of requests for information (“RFIs”) issued to Facebook Ireland Ltd (“Facebook”) by the European Commission (“Commission”) concerning documents that are not related to Face- book’s (...)

Francesco Pili, Markus Wellinger The EU Court of Justice clarifies conditions under which a request for de minimis aid can be modified to comply with the ceiling (INAIL / Zennaro)

28 October 2020 102

On 28 October 2020, the Court of Justice (“ECJ”) answered a reference for a preliminary ruling from the Consiglio di Stato (Council of State, Italy) concerning the interpretation of Articles 3 and 6 of Regulation (EU) No 1407/2013 of 18 December 2013 on the application of Articles 107 and 108 (...)

Andrzej Kmiecik, Floris-Willem Dierickx, Helga Gudmundsdottir The EU Commission publishes an inception impact assessment as part of the reform of the vertical block exemption regulation

23 October 2020 238

On 23 October 2020, the European Commission (“Commission”) published an Inception Impact Assessment (the “Inception Assessment”) (available here) as part of the revision of the Vertical Block Exemption Regulation (“VBER”) and the Vertical Guidelines in anticipation of the expiry of the VBER on (...)

Francesco Pili, Markus Wellinger The EU Court of Justice clarifies the concept of “State resources” concerning financial contributions collected by an authorized private eco-body (Eco TLC)

21 October 2020 136

On 21 October 2020, the Court of Justice answered a request for a preliminary ruling made by the French Conseil d’État (“Council of State”), which raised interesting questions with regard to the notion of “State resources” within the meaning of Article 107(1) TFEU. The background of the case (...)

Francesco Pili, Markus Wellinger The EU Court of Justice AG Kokott criticizes the Commission’s approach to progressive taxation in Poland and suggests that the Court dismiss the appeal (Commission / Poland)

15 October 2020 123

On 15 October 2020, Advocate General Kokott delivered her opinion in Case C-562/19 P, Commission v Poland, concerning the appeal of the General Court’s judgment of 16 May 2019 (Joined Cases T-836/16 and T-624/17). The judgment under appeal annulled the Commissions’ decision to open a formal (...)

Francesco Pili, Markus Wellinger The EU Commission prolongs and expands COVID-19 temporary framework to further support companies facing significant turnover losses

13 October 2020 71

On 13 October 2020, the Commission prolonged the scope of the COVID-19 Temporary Framework adopted on 19 March 2020. All sections of the Temporary Framework have been prolonged for six months (i.e. until 30 June 2021), and the section to enable recapitalisation support is prolonged for three (...)

Andrzej Kmiecik, Floris-Willem Dierickx, Helga Gudmundsdottir The EU Commission launches public consultations on the Motor Vehicle Block Exemption Regulation

12 October 2020 136

On 12 October 2020, the Commission launched a public consultation with a view to receiving comments from stakeholders on the ongoing evaluation of the 2010 Motor Vehicle Block Exemption Regulation (“MVBER”) regime. The public consultation aims to collect facts, views and evidence to assist the (...)

Laura Lehoczky-Deckers The EU Parliament and Council put in force a regulation for the screening of foreign direct investments

9 October 2020 62

On 11 October 2020, the EU FDI Screening Regulation entered into force. Adopted in March 2019, it covers EU Member States’ procedures to assess, investigate, authorise, condition, prohibit or unwind foreign direct investment ( FDI ). FDI screening protects national security interests by (...)

Laura Lehoczky-Deckers The EU Parliament and Council enact the EU FDI screening regulation

9 October 2020 75

On 11 October 2020, Regulation (EU) 2019/452 establishing a framework for the screening of foreign direct investments into the European Union adopted on 19 March 2019 (the “EU FDI Screening Regulation”) fully entered into force. While the EU FDI Screening Regulation does not itself establish a (...)

Richard Burton, Dilja Helgadottir, Steve Ross The EU Court of Justice AG Hogan recommends reducing fine imposed on a company in steel abrasives cartel case (Pometon)

8 October 2020 121

On 8 October 2020, Advocate General (“AG”) Hogan issued his opinion in Pometon SpA v European Commission (Case C-440/19) in connection with the Steel Abrasives cartel case. In his opinion, the AG advises the Court of Justice (“ECJ”) to partially uphold the appeal in so far as the General Court (...)

Margot Vogels The EU Commission publishes a summary of the contributions from the national competition authorities to the impact assessment of the new competition tool

8 October 2020 137

Earlier this year, the European Commission (the “Commission”) proposed a “new competition tool” (“NCT”) to address structural competition problems. Stakeholders could express their views on the need for an NCT and its design as part of an impact assessment and an open consultation until 8 (...)

David Hull, Samuel Hall The EU Commission accepts commitments to ensure competition in systems-on-a-chip markets for modems and set-top boxes (Broadcom)

7 October 2020 112

On 7 October 2020, the European Commission accepted Broadcom’s commitments to suspend its existing agreements, and to refrain from entering into any new agreements, containing exclusivity or quasi-exclusivity arrangements and/or leveraging provisions concerning Systems-on-a-Chip (“SoCs”) for (...)

Francesco Pili, Markus Wellinger The EU General Court provides additional guidance on the scope of the presumption of the advantage granted by State guarantees (IFPEN)

5 October 2020 74

On 5 October 2020, the General Court delivered another important judgment in the so-called EPIC saga – where “EPIC” is a French acronym standing for “Établissement Public à caractère Industriel et Commercial” (“Publicly owned industrial and commercial establishment”). The EPICs came under (...)

Catherine Gordley The EU Commission conditionally clears a merger in the payment services sector (Worldline / Ingenico)

30 September 2020 66

On 30 September 2020, the European Commission (“Commission”) conditionally cleared Worldline’s acquisition of Ingenico, two French providers of payment and transaction services. The Commission raised concerns that the parties’ activities overlapped in the provision of point-of-sale (“POS”) (...)

Richard Burton, Steve Ross The EU Court of Justice dismisses a manufacturing company’s appeal against a fine imposed for the power cable cartel (Prysmian)

24 September 2020 174

On 24 September 2020, the Court of Justice (“ECJ”) rejected the Italian power-cable manufacturer Prysmi- an’s appeal against the € 104.6 million fine imposed on it by the Commission in 2014 for its involvement in the Power Cables cartel case. The ECJ upheld the earlier ruling by the General (...)

Markus Wellinger, Francesco Pili The EU General Court dismisses the actions for annulment in the "Spanish tax lease saga" (Spain / Lico Leasing / Pequeños y Medianos Astilleros Sociedad de Reconversión)

23 September 2020 219

On 23 September 2020, the General Court delivered another judgment in the “Spanish tax lease saga”, concerning certain aid measures granted through tax provisions applicable to agreements put in place for the financing and acquisition of vessels in Spain. This judgment follows the annulment (...)

Markus Wellinger, Francesco Pili The EU Court of Justice clarifies the scope of State aid rules in the nuclear energy sector covered by the Euratom Treaty, as well as their relationship with the general principles of environmental law (Hinkley Point C)

22 September 2020 226

On 22 September 2020, the Grand Chamber of the Court of Justice (the “Court”) dismissed the appeal brought by Austria against the judgment of the General Court (case T-356/15) that rejected its application for annulment against Commission Decision (EU) 2015/658 of 8 October 2014 on the aid (...)

Markus Wellinger, Francesco Pili The EU Commission adopts guidelines on State aid measures in the context of the system for greenhouse gas emission allowance trading post-2021

21 September 2020 97

On 21 September 2020, the Commission published new Guidelines on certain State aid measures in the context of the system for greenhouse gas emission allowance trading post-2021 (the “Guidelines”). These Guidelines follow the European Green Deal Communication adopted in 2019 (11.12.2019, (...)

Markus Wellinger, Francesco Pili The EU Court of Justice clarifies some aspects of State aid related to social security contributions (Ministre de l’Agriculture et de l’Alimentation / Compagnie de pêche de Saint-Malo)

17 September 2020 165

On 17 September 2020, the Court of Justice (the “ECJ” or “Court”) answered several questions raised by a request for a preliminary ruling from the French Conseil d’État, with regard to the interpretation of Commission Decision 2005/239/EC (the “Decision at issue”). This Decision concerned (...)

Margot Vogels, Andreas Reindl The EU Court of Justice holds that the Spanish Competition Authority cannot be characterized as a "court or tribunal" (Anesco)

16 September 2020 84

On 16 September 2020, the Court of Justice of the European Union (the “ECJ”) delivered a judgment in which it ruled on the status of “court or tribunal” within the meaning of Article 267 Treaty on the Functioning of the European Union of a body which has submitted a reference for a preliminary (...)

Anna Jorna, Andreas Reindl The EU Court of Justice AG Saugmandsgaard Øe considers that the special jurisdiction rule for tort disputes under Brussels I Bis applies to civil liability actions based on an infringement of competition law (Wikingerhof / Booking.com)

10 September 2020 204

On 10 September 2020, Advocate General Saugmandsgaard Øe rendered his non-binding opinion in the context of a preliminary reference request from the German Federal Court of Justice on the interpretation of Article 7(2) of Regulation 1215/2012 (“Brussels I Bis”). This Article provides that in (...)

Samuel Hall The EU Court of Justice AG Saugmandsgaard Øe advises dismissing the parties’ challenges to the Commission’s finding of abuse of dominance on the Slovak broadband services market (Slovak Telekom) (Deutsche Telekom)

9 September 2020 260

On 9 September 2020, Advocate General (“AG”) Saugmandsgaard Øe issued his opinion in Deutsche Telekom v. European Commission (Case C-152/19) and Slovak Telekom v. European Commission (Case C-165/19) advising the Court of Justice (“ECJ”) to dismiss the parties’ challenges to the Commission’s (...)

Andrzej Kmiecik, Helga Gudmundsdottir The EU Commission publishes a report on the evaluation of the vertical block exemption regulation

8 September 2020 167

On 8 September 2020, the European Commission (“Commission”) published a report on the Evaluation of the Vertical Block Exemption Regulation (the “Evaluation Report”). For further information, see the Legislative, Procedural and Policy Developments section below. The Evaluation Report reflects (...)

Catherine Gordley The EU Commission conditionally clears a merger between global companies active in the rail transportation market (Alstom / Bombardier)

31 July 2020 125

On 31 July 2020, the European Commission (the “Commission”) announced its conditional clearance of Alstom’s acquisition of Bombardier Transportation. Both the target, a German subsidiary of Canadian Bombardier Inc., and the French acquirer, Alstom, are global companies active in rail (...)

Anna Jorna, Kris Van Hove The EU Commission adopts Communication on the protection of confidential information in follow-on damages actions

20 July 2020 156

On 20 July 2020, the European Commission (the “Commission”) adopted a communication on the protection of confidential information by national courts in follow-on damages proceedings (the “Communication”). The Damages Directive provides that national courts should have the ability to order (...)

Eugenia Caracciolo The EU Court of Justice AG Pitruzzella offers guidance on the method for calculating royalties that may lead to a finding of abuse of a dominant position (SABAM)

16 July 2020 204

On 16 July 2020, Advocate General (“AG”) Pitruzzella issued an opinion in Case C-327/19, advising the Court of Justice of the European Union (“ECJ”) on whether the method for calculating royalties used by SABAM, the Belgian collecting society, amounts to an abuse of a dominant position under (...)

Richard Burton, Argyris Papaefthymiou The EU Court of Justice upholds the Commission’s right to continue inspection at Brussels premises in Power Cable cartel case (Nexans)

16 July 2020 235

On 16 July 2020, the Court of Justice of the European Union (the “ECJ”) delivered a judgment dismissing the appeal by Nexans France and its parent company Nexans (together “Nexans”) against the judgment of the General Court of the European Union (the “GC”) in the Power Cables cartel case. By (...)

Andreas Reindl, Argyris Papaefthymiou The EU Commission launches a sector inquiry into the consumer Internet of Things

16 July 2020 82

On 16 July 2020, the European Commission (“Commission”) launched an antitrust sector inquiry into the market for the Internet of Things (IoT) for consumer-related products and services in the EU. According to the Commission, the sector inquiry will focus on consumer-related products and (...)

Markus Wellinger, Francesco Pili The EU General Court annuls the Commission’s decision concerning the tax rulings in favor of a Big Tech company (Apple)

15 July 2020 178

On 15 July 2020, the General Court (the “GC”) annulled the European Commission’s (the “Commission”) decision of 30 August 2016 concerning tax rulings adopted by the Irish authorities in relation to two companies forming part of the Apple Group (the “Contested Decision”). The Contested (...)

Peter L’Ecluse, Catherine Longeval, Koen T’Syen The EU Commission starts a market test on the proposed commitments offered by a pharmaceutical company to address the Commission’s concerns over excessive pricing on a range of off-patent cancer medicines (Aspen)

14 July 2020 312

Today, the European Commission (the Commission) started a market test inviting comments from interested parties on commitments offered by Aspen Pharmacare Holdings (Aspen) to address the Commission’s concerns over excessive pricing for a range of off-patent cancer medicines (see, attached (...)

Catherine Gordley The EU Commission clears an oil and gas merger after a Phase II investigation (PKN Orlen / Lotos)

14 July 2020 81

On 14 July 2020, the European Commission (the “Commis‐ sion”) conditionally approved PKN Orlen’s acquisition of rival Grupa Lotos (“Lotos”) after a Phase II investigation. The parties are large Polish oil and gas companies active in Poland and in a number of other Central European, East‐ ern (...)

Eugenia Caracciolo The EU Commission invites parties to submit comments regarding a pharma company and its excessive pricing (Aspen)

14 July 2020 153

On 14 July 2020, the Commission invited interested parties to submit comments on the commitments offered by global pharma company Aspen to address competition concerns in relation to Aspen’s excessive pricing for six critical off-patent cancer medicines in several national markets (excluding (...)

Richard Burton The EU Commission fines ethylene purchasers €260 million in a cartel settlement (Orbia / Clariant / Calanese / Westlake)

14 July 2020 221

On 14 July 2020, the European Commission (the “Commission”) announced that it had adopted a decision fin‐ ing three ethylene purchasers a total of € 260,443,000. The companies concerned namely, Orbia (Mexico), Clari‐ ant (Switzerland), Calanese (United States) and Westlake (United States), (...)

Markus Wellinger, Francesco Pili The EU Commission recommends Member States to not grant financial support to companies with links to tax havens

14 July 2020 47

On 14 July 2020, the European Commission (the “Commission”) issued a Recommendation to Member States not to grant financial support to companies with links to countries that are on the EU’s list of non-cooperative tax jurisdictions. According to the Recommendation, restrictions should also (...)

Markus Wellinger, Francesco Pili The EU Commission prolongs EU State aid rules and adopts targeted adjustments to mitigate the impact of the COVID-19 outbreak

2 July 2020 115

On 2 July 2020, the European Commission (the “Commission”) announced the prolongation of several existing State aid rules which would have otherwise expired at the end of 2020, with the purpose of mitigating the impact of the coronavirus outbreak on companies. In particular: The following (...)

Markus Wellinger, Francesco Pili The EU Court of Justice narrows down the concept of “undertaking” with regards to health insurance bodies (Dôvera zdravotná poistʼovňa)

11 June 2020 140

The Court of Justice of the European Union’s (the “Court of Justice”) judgment of 11 June 2020, Commission v. Dôvera zdravotná poistʼovňa is another brick in the case law concerning the concept of “undertaking” with regard to health insurance bodies. The background of the case is a Slovak (...)

Catherine Gordley The OECD devotes a session to assess the sufficiency of current merger control frameworks to investigate and prohibit mergers

10 June 2020 105

From 10-12 June 2020, the OECD held its 133rd Meeting of the Competition Committee. This session was devoted to assessing the sufficiency of current merger control frameworks to investigate and – where needed – prohibit mergers that eliminate nascent competition that would other- wise (...)

Catherine Gordley The EU Commission conditionally clears an acquisition between two global developers and suppliers of veterinary pharmaceuticals (Elanco Animal Health / Bayer Animal Health)

8 June 2020 106

On 8 June 2020, the Commission announced its conditional clearance of Elanco’s purchase of Bayer’s animal health division (“BAH”). Both Elanco and BAH are global developers and suppliers of veterinary pharmaceuticals, and the transaction will establish the largest animal health company (...)

Markus Wellinger, Francesco Pili The EU Court of Justice clarifies the conditions governing the legality of an injunction issued at the same time as a decision to open a formal State aid investigation (Hungary / Commission)

4 June 2020 74

On 4 June 2020, the Court of Justice of the European Union (the “Court of Justice”) delivered an important judgment clarifying the conditions under which the European Commission (the “Commission”) can issue an injunction on the basis of Article 11 of the former State aid procedural Regulation (...)

William Haig, Porter Elliott, Catherine Gordley The EU General Court annuls the Commission’s decision prohibiting the acquisition of two telecommunication companies (Telefónica UK / Hutchison 3G UK)

28 May 2020 181

1. Summary On 28 May 2020, the EU General Court handed down a ruling annulling the European Commission’s (“Commission”) decision prohibiting the proposed acquisition of Telefónica UK (“O2”) by Hutchison 3G UK (“Three”). The ruling has potentially significant implications for mergers in the (...)

Richard Burton The EU Court of Justice partially annuls the General Court power cables cartel decision and reduces the fine imposed by €200,000 (NKT)

14 May 2020 459

On 14 May 2020, the Court of Justice of the European Union (the “Court of Justice”) partly set aside a judgment of the General Court dismissing the action brought by NKT Verwaltungs GmbH (formerly nkt cables GmbH) and NKT A/S (formerly NKT Holding A/S) (together, “NKT”) in the Power Cables (...)

Markus Wellinger The EU General Court provides guidance on the notion of State aid under EU law following an action for annulment brought by airline companies against a decision of the Commission finding an Italian aid to be illegal and incompatible with the internal market (Volotea / Germanwings / EasyJet)

13 May 2020 199

On 13 May 2020, the General Court delivered three judgments in Cases T-607/17,T-716/17,T-8/18, concerning Volotea, Germanwings and easyJet, respectively (the “Applicants”). These judgments follow actions for annulment brought by the Applicants against a decision of the Commission finding that (...)

Porter Elliott The EU Commission approves an acquisition between two large EEA purchasers of copper scrap following an in-depth investigation and concludes that the merger does not adversely affect competition (Metallo / Aurubis)

4 May 2020 93

On 4 May 2020, the Commission approved German Aurubis’ € 380 million acquisition of Belgian rival Metallo following an in-depth investigation. Aurubis is Europe’s largest integrated copper producer, selling copper shapes, semi-finished copper and various copper alloy products. It also (...)

Markus Wellinger The EU Court of Justice further narrows the scope for exceptions to the recovery of interest on illegal State aid following a company receiving a credit line for the recovery of agricultural and breeding livestock activities from the Portuguese authorities (Nelson Antunes da Cunha)

30 April 2020 209

On 30 April 2020, the Court of Justice of the European Union (the “Court of Justice”) delivered another important judgment concerning the complex relationship between State aid and national procedural rules (Case C-627/18, Nelson Antunes da Cunha). The judgment was delivered in response to a (...)

Eugenia Caracciolo, Tim Kasten The EU Commission seeks feedback on commitments offered by a TV box company in an abuse of dominance investigation involving exclusivity agreements (Broadcom)

27 April 2020 253

On 27 April 2020, the European Commission (the “Commission”) invited interested parties to submit comments on the commitments offered by Broadcom under Article 9 of Regulation 1/2003 to address competition concerns in relation to certain exclusivity and quasi-exclusivity agreements allegedly (...)

Porter Elliott The EU Commission conditionally clears an acquisition between a pharmaceutical company and an off-patent medicines producer and distributor (Milan / Upjohn)

22 April 2020 153

On 22 April 2020, the Commission conditionally cleared Dutch pharmaceutical company Mylan’s acquisition of Upjohn, a division of Pfizer. Upjohn, which is based in China, produces and distributes off-patent branded and generic medicines. Mylan is also active in the production and distribution (...)

Porter Elliott The EU Commission maintains adjustments to merger filing process made in response to COVID-19 crisis while underscoring need to protect competition

7 April 2020 216

The European Commission (the “Commission”) continues to encourage companies to delay any planned merger notifications until further notice in light of the COVID-19 pandemic, as it anticipates that it may face difficulties in collecting the information necessary to conduct its review, in (...)

Porter Elliott The EU Commission conditionally clears an acquisition of a Swiss company providing catering, retail and other airline services (Lufthansa / Gategroup)

3 April 2020 127

On 3 April 2020, the European Commission (the “Commission”) approved Gategroup’s acquisition of the Lufthansa Service Group’s European business (“LSG EU”). Gategroup is a Swiss company that provides catering, retail and other airline services globally. German-based LSG EU is active in train (...)

Richard Burton The EU Court of Justice ascertains whether the multilateral interchange fee set by the banks for credit card transactions with a merchant pursued no objective other than a simple price increase (Budapest Bank)

2 April 2020 204

On 2 April 2020, the Court of Justice of the European Union (the “Court of Justice”) delivered a preliminary ruling in which it provided clarifications and guidance to the Kúria (Supreme Court of Hungary) on the distinction between restrictions of competition “by object” and “by effect” under (...)

Markus Wellinger The EU Court of Justice partially annuls a State aid granted by Greece in the context of the privatisation of a large nickel producer (Larko)

26 March 2020 128

On 26 March 2020, the Court of Justice partially annulled the judgment of the General Court concerning State aid granted by Greece in the context of the privatisation of Larko, a large nickel producer. The Court of Justice found that the ruling at first instance had wrongly applied the Private (...)

Fabrizio Di Gianni, Francesco Pili The EU Commission adopts a Temporary Framework for State aid measures to support the economy in the current COVID-19 outbreak

19 March 2020 151

On 19 March 2020, the Commission adopted a Temporary Framework for State aid measures to support the economy in the current COVID-19 outbreak (the “Covid-19 Temporary Framework”). This Temporary Framework complements the Communication on a Coordinated economic response to the COVID-19 outbreak (...)

Markus Wellinger The EU Commission adopts the temporary framework for State aid measures to support the economy during the COVID-19 outbreak

19 March 2020 114

On 19 March 2020, the Commission adopted the Temporary Framework for State aid measures to support the economy in the current COVID-19 outbreak (“Temporary Framework”). On 4 April 2020, it published a first amendment to the Temporary Frame- work, which significantly broadens its scope of (...)

Markus Wellinger The EU Commission adopts a temporary framework for State aid measures to support the economy in the current COVID-19 outbreak

19 March 2020 120

On 19 March 2020, the European Commission (the “Commission”) adopted the Temporary Framework for State aid measures to support the economy in the current COVID- 19 outbreak (the “Temporary Framework”), which was first amended on 3 April 2020. On 8 May 2020, the Commission adopted another (...)

Porter Elliott The EU Commission adjusts merger filing process in response to COVID-19 crisis

16 March 2020 120

The European Commission (the “Commission”) has announced that it will face delays in its merger review process as a result of the COVID-19 pandemic. In particular, the Commission has stated that it may not be able to collect information from third parties efficiently and may have limited (...)

Markus Wellinger The EU Commission adopts the communication on the coordinated economic response to the COVID-19 outbreak

13 March 2020 247

In the wake of the Covid-19 outbreak and its repercussions on businesses, Member States announced that they will adopt all necessary measures to help undertakings in difficulty. The Commission, well-aware of this, has already adopted measures to guide Member States and ensure that their aid (...)

Markus Wellinger The EU Court of Justice issues a judgment clarifying the rights of interested parties in the context of State aid investigations (Gdynia / Kosakowo)

11 March 2020 92

On 11 March 2020, the Court of Justice of the European Union (the “ECJ”) set aside the General Court’s (“GC”) judgment of 17 November 2017, Gmina Miasto Gdynia and Port Lotniczy Gdynia Kosakowo v. Commission (T-263/15, the “GC judgment”), which had annulled the Commission Decision on State aid (...)

Tim Kasten The EU Commission adopts a decision imposing commitments on an undertaking to free up capacities at interconnection points to increase natural gas exports between countries (Transgaz)

6 March 2020 219

On 6 March 2020, the European Commission adopted a decision imposing commitments on Transgaz to free up capacities at interconnection points in order to allow for increased natural gas exports from Romania to Hungary and Bulgaria. According to the Commission’s press release, Transgaz the (...)

Markus Wellinger The EU Court of Justice clarifies the conditions in which a legal person liable to pay a tax can plead its incompatibility with the EU State aid rules before a national court (Vodafone)

3 March 2020 354

On 3 March 2020, the Grand Chamber of the Court of Justice (the “ECJ”) delivered another judgment in the field of taxation and State aid (Vodafone Magyarország Mobil Távközlési Zrt., C-75/18). While this judgment does not substantially develop the case law in this field, it contains useful (...)

Andrzej Kmiecik The EU Commission imposes a €6.7 million fine on a Spanish hotel group for restrictions on cross-border sales of hotel accommodations by including discriminatory clauses in its agreements with tour operators (Meliá)

21 February 2020 267

On 21 February 2020, the European Commission (the “Commission”) announced its decision to fine Spanish hotel group Meliá € 6,678,000 for including clauses in its agreements with tour operators that discriminated between consumers based on their country of residence. According to the (...)

Andrzej Kmiecik The EU Commission imposes a €14.3 million fine on a film and TV production company for territorial and online sale restrictions of merchandising products (NBCUniversal)

30 January 2020 1412

On 30 January 2020, the European Commission (“Commission”) announced its decision to fine several companies belonging to Comcast Corporation, including NBCUniversal, € 14,327,000 for limiting the ability of licensees to sell licensed merchandising products to other EEA countries and (...)

Peter L’Ecluse The EU Court of Justice rules that pay-for-delay patent settlements may restrict competition by object (Generics - UK / GlaxoSmithKline / Actavis / Xellia Pharmaceuticals / Merck / Alpharma)

30 January 2020 327

On 30 January 2020, the Court of Justice of the European Union (the “ECJ”) handed down its judgment in Case C-307/18, Generics (UK) and Others. This case marks the first time the ECJ has ruled on patent settlement agree- ments between originator pharmaceutical companies and generic producers. (...)

Porter Elliott The EU Commission conditionally clears a merger in the pharmaceutical sector (AbbVie / Allergan)

10 January 2020 258

On 10 January 2020, the European Commission approved AbbVie’s acquisition of its rival Allergan, subject to the divestment of one of Allergan’s pipeline inflammatory bowel disease (IBD) drugs. Both companies are global pharmaceutical producers with innovative product portfolios covering, (...)

Richard Burton The EU Court of Justice dismisses appeals brought by three manufacturers of power cables in a cartel case (Verwaltungs)

28 November 2019 187

The Court of Justice of the European Union (the “Court of Justice”) dismissed in their entirety the appeals brought by LS Cable, Brugg Kabel and VISCAS (together with its parent company Furukawa), three manufacturers of power cables, against the judgment of the General Court which had upheld (...)

Porter Elliott The EU Commission clears subject to behavioural commitments a merger in the telecommunications sector (Telia / Bonnier Broadcasting)

12 November 2019 522

On 12 November 2019, the European Commission (“Commission”) conditionally cleared Telia Company’s acquisition of Bonnier Broadcasting Company after a Phase II investigation. Telia is a Swedish telecommunications company that provides fixed and mobile telecommunications, broadband and (...)

Richard Burton The EU General Court reduces the fine imposed on a company involved in a car battery recycling cartel (Campine)

7 November 2019 546

On 7 November 2019, the General Court (“GC”) ruled on an appeal lodged by Campine Recycling NV (“Campine”) against the Commission’s decision fining Campine € 8,158,000 for its involvement in the Car Battery Recycling cartel. In its decision, the Commission found that Campine had agreed with (...)

Markus Wellinger The EU Court of Justice provides further guidance on the selectivity assessment of environmental taxes in the framework of national autonomous communities (UNESA)

7 November 2019 426

On 7 November 2019, the Court of Justice of the European Union (the “ECJ”) delivered a judgment on a request for a preliminary ruling by the Spanish Supreme Court. The request was made in proceedings between several hydroelectricity producers and the Spanish authorities, with regard to the (...)

Tim Kasten The EU Commission imposes interim measures on a company for abuse of dominance in the TV and modem chipset markets (Broadcom)

16 October 2019 442

On 16 October 2019, the European Commission adopted a decision ordering Broadcom to stop applying certain provisions contained in agreements with six of its main customers in the TV and modem chipset markets. According to the Commission’s press release, Broadcom was prima facie found to be (...)

Porter Elliott The EU Commission conditionally clears a merger in the aluminium sector (Novelis / Aleris)

1 October 2019 186

On 1 October 2019, the Commission conditionally cleared Novelis’ acquisition of Aleris subject to commitments following an in-depth investigation. Novelis, a subsidiary of the Indian aluminum and copper supplier Hindalco Industries Ltd., and Aleris are both US-based manufacturers of (...)

Markus Wellinger The EU General Court delivers two judgments providing important guidance on the application of the arm’s length principle in the context of State aid investigations concerning tax measures (Fiat / Starbucks)

24 September 2019 1541

On 24 September 2019, the General Court delivered two judgments in Cases T-755/15, Luxembourg v. Commission and T-759/15, Fiat Chrysler Finance Europe v. Commission, providing important guidance on the application of the arm’s length principle in the context of State aid investigations (...)

Richard Burton The EU General Court annuls a decision due to the Commission’s failure to sufficiently explain the methodology relied upon in calculating the fine (HSBC)

24 September 2019 131

Euro interest rate derivatives cartel case On 24 September 2019, the General Court issued a judgment on an appeal lodged by HSBC against the European Commission’s (the “Commission”) decision fining HSBC € 33.6 million for its involvement in the Euro Interest Rate Derivatives cartel case (...)

Richard Burton The EU General Court dismisses an appeal against the re-adopted decision in the paper envelope cartel case (Printeos)

24 September 2019 132

On 24 September 2019, the General Court dismissed the appeal lodged by Printeos (previously known as Tompla) against the re-adopted European Commission (“Commission”) decision in the Paper Envelopes cartel case (Case T-466/17, Printeos v. Commission). By way of background, the Commission (...)

Francesco Pili, Markus Wellinger The EU General Court clarifies the application of the arm’s length principle in the context of State aid investigations (Fiat / Starbucks)

24 September 2019 16

On 24 September 2019, the General Court delivered two judgments in Cases T-755/15, Luxembourg v. Commission and T-759/15, Fiat Chrysler Finance Europe v. Commission and Cases T-755/15, Luxembourg v. Commission and T-759/15, Fiat Chrysler Finance Europe v. Commission, providing important (...)

Markus Wellinger The EU General Court provides further guidance concerning the concept of State aid in the context of fiscal measures favoring port authorities (Port autonome du Centre) (Port de Bruxelles) (Havenbedrijf Antwerpen)

20 September 2019 324

On 20 September 2019, the General Court delivered three judgments (Cases T-673/17, Port autonome du Centre and de l’Ouest and Others v. Commission, T-674/17, Le Port de Bruxelles and Région de Bruxelles-Capitale v. Commission, T-696/17, Havenbedrijf Antwerpen and Maatschappij van de Brugse (...)

Porter Elliott The EU Commission conditionally clears a merger in the energy sector subject to remedies following a Phase II investigation (E.ON / Innogy)

17 September 2019 178

On 17 September 2019, the European Commission (“Commission”) conditionally cleared E.ON’s acquisition of Innogy from its parent company, RWE, following a second phase investigation. E.ON and Innogy are German energy companies active across the full energy chain, from generation to (...)

Porter Elliott The EU Commission conditionally clears a merger in the cable network market in four countries (Vodafone / Liberty Global)

18 July 2019 480

On 18 July 2019, the European Commission (“Commission”) conditionally approved Vodafone’s acquisition of Liberty Global’s cable network business in four countries (Czechia, Germany, Hungary and Romania). In order to address competition concerns identified mainly in Germany regarding the (...)

Tim Kasten The EU Commission fines a company €242 million for engaging in predatory pricing in the market for 3G baseband chipsets (Qualcomm)

18 July 2019 819

On 18 July 2019, the Commission announced that it had adopted a decision against Qualcomm for abusing a dominant position in the market for 3G baseband chipsets, and imposed a fine of € 242 million. According to the Commission, Qualcomm’s prices to certain key customers were below its costs (...)

Markus Wellinger The EU General Court rejects an action for annulment against a decision authorising State aid in favour of a competitor in the air transport sector (Air France / Marseille Airport)

11 July 2019 269

On 11 July 2019, the General Court (“GC”) rejected an action for annulment brought by Air France against the European Commission (“Commission”) decision concerning State aid in favour of Marseille Provence Airport as inadmissible (Case T-894/16, Société Air France v. Commission). The (...)

Richard Burton The EU Court of Justice reaffirms the General Court’s decision to annul the fines imposed by the Commission in the Yen interest rate derivatives cartel case (Icap)

10 July 2019 526

On 10 July 2019, the Court of Justice of the European Union (the “ECJ”) delivered a judgment on an appeal lodged by the European Commission (the “Commission”) against the judgment of the General Court (the “GC”) that had annulled the fines imposed by the Commission on ICAP in the Yen Interest (...)

Andrzej Kmiecik The EU Commission fines a company €6.2 million for restricting cross-border sales of merchandising products (Sanrio)

9 July 2019 297

On 9 July 2019, the Japanese company Sanrio was fined € 6.2 million by the European Commission (“Commission”) for infringing Article 101 Treaty on the Functioning of the European Union by restricting cross-border sales by its licensees. According to the Commission’s press release, the case (...)

Richard Burton The EU Commission re-adopts its decision for the third time and imposes fines totalling more than €16 million on steel producers (Steel bar cartel)

4 July 2019 274

On 4 July 2019, the European Commission (the “Commission”) adopted for the third time a cartel decision in which it imposed total fines of more than € 16 million on five Italian manufacturers of reinforcing steel bars for concrete, namely AlfaAcciai, Feralpi Holding, Ferriere Nord, (...)

Tim Kasten The EU Commission opens a formal investigation to assess whether a producer of integrated circuit abused its dominant position (Broadcom)

26 June 2019 416

On 26 June 2019, the European Commission (the “Commission”) announced that it had opened a formal investigation to assess whether integrated circuit (“IC”) provider Broadcom may be abusing its dominant position, in breach of Article 102 Treaty on the Functioning of the European Union. In (...)

Markus Wellinger The EU General Court annuls a State aid decision from the Commission concerning the food production sector in Romania (Micula)

18 June 2019 447

On 18 June 2019, the General Court of the European Union (the “General Court”) handed down its long-awaited judgment in the Micula case (Cases T-624/15, T-694/15 and T-704/15, European Food and Others v Commission, EU:T:2019:423). The case finds its origins in the investment made by the (...)

Porter Elliott The EU Commission prohibits a joint venture in the carbon and electrical steel activities sector (Thyssenkrupp / Tata)

11 June 2019 303

On 11 June 2019, the European Commission (“Commission”) prohibited the creation of a joint venture between Thyssenkrupp and Tata Steel under the EU Merger Regulation. The deal would have combined Thyssenkrupp and Tata’s flat carbon and electrical steel activities in the EEA. According to the (...)

Porter Elliott The EU General Court rejects a legal challenge to conditional clearance of a joint venture in the wholesale provision of premium pay-TV sports channels market (Vodafone / Liberty Global)

23 May 2019 834

On 23 May 2019, the General Court of the European Union (“GC”) rejected a legal challenge brought against the European Commission’s (“Commission”) conditional clearance of the Liberty Global / Vodafone joint venture in the Netherlands by rival KPN (see VBB on Competition Law, Volume 2016, No. (...)

Richard Burton The EU General Court dismisses an appeal in the car battery recycling cartel case (Recylex)

23 May 2019 2192

On 23 May 2019, the General Court delivered a judgment in which it dismissed the appeal lodged by Recylex against the European Commission’s (“Commission”) decision in the car battery recycling cartel case (Case T-222/17, Recylex and Others v. Commission). In February 2017, the Commission (...)

Richard Burton The EU Commission imposes fines totaling over €1 billion on banks for their involvement in two separate cartels in the spot foreign exchange markets (Barclays / RBS / Citigroup / JPMorgan / MUFG)

16 May 2019 265

On 16 May 2019, the European Commission adopted two decisions under its cartel settlement procedure, in which it imposed fines totalling € 1.07 billion on five banks for their involvement in two separate cartels on the spot foreign exchange markets for eleven currencies. The banks involved in (...)

Tim Kasten The EU Commission fines a company for restricting cross-border sales in the Belgian beer market (AB InBev)

13 May 2019 258

On 13 May 2019, the European Commission (the “Commission”) announced that it had issued a decision imposing a fine of just over € 200 million on AB InBev for breaching Article 102 Treaty on the Functioning of the European Union (“TFEU”). According to the Commission, AB InBev abused its (...)

Markus Wellinger The EU Court of Justice provides guidance on the assessment of violations of free movement of capital in relation to State aid scheme (A-Fonds)

2 May 2019 233

On 2 May 2019, the Court of Justice of the EU (“ECJ”) delivered a judgment on a request for a preliminary ruling by the Dutch Court of Appeal of ’s-Hertogenbosch. The request was made in proceedings between A-Fonds, an investment undertaking governed by German law, and the Dutch tax (...)

Porter Elliott The EU Commission conditionally approves a merger to structural remedies in the refrigeration compressor business (Nidec / Embraco)

12 April 2019 330

On 12 April 2019, the Commission conditionally approved the acquisition by Nidec of Embraco, Whirlpool’s refrigeration compressor business. Both Nidec and Embraco are leading global producers of refrigeration compressors. These are electro-mechanical devices used to lower the temperature of an (...)

Porter Elliott The EU Commission fines a company € 52 million for providing incorrect information during merger review (General Electric)

8 April 2019 269

On 8 April 2019, the European Commission (“Commission”) imposed a fine of € 52 million on GE for negligently providing incorrect information to the Commission during the merger review of its acquisition of LM Wind. On 11 January 2017, GE notified its proposed acquisition of LM Wind to the (...)

Andrzej Kmiecik The EU Commission sends a statement of objections regarding the alleged geo-blocking of PC video games (Valve / Focus Home / Koch Media / ZeniMax / Bandai Namco / Capcom)

5 April 2019 255

On 5 April 2019, the European Commission announced via a press release that it had sent Statements of Objections to Valve – the owner of the ‘Steam’ video game distribution platform – and five video game publishers (Bandai Namco, Capcom, Focus Home, Koch Media and ZeniMax) concerning their (...)

Richard Burton The EU General Court reduces a fine totaling over €30 million imposed in a cartel case (Pometon)

28 March 2019 285

On 28 March 2019, the General Court (“GC”) delivered a judgment on an appeal lodged by Pometon against the European Commission’s (“Commission”) decision in the Steel Abrasives cartel case (Case T-433/16, Pometon SA v. Commission). In April 2014, the Commission imposed fines totalling over € (...)

Andrzej Kmiecik The EU Commission imposes €12.5 million fine on a company for restricting cross-border sales of merchandising products (Nike)

25 March 2019 1282

On 25 March 2019, the European Commission (“Commission”) announced its decision to fine Nike € 12,555,000 for limiting the ability of licensees to sell licensed merchandising products to other EEA countries. According to the Commission’s press release, the restrictions concerned the (...)

Porter Elliott The EU Commission conditionally approves a merger in the market for aircraft slat systems (Spirit / Asco)

20 March 2019 405

On 20 March 2019, the Commission conditionally approved the acquisition of Asco by Spirit. The Commission was concerned that the deal would reduce competition in the market for aircraft slat systems. These parts allow the wing of an aircraft to operate at a higher ‘angle of attack’, which (...)

Tim Kasten The EU Commission fines a company for abusing its dominant position in online advertising (Google AdSense)

20 March 2019 371

On 20 March 2019, the European Commission (the “Commission”) announced that it had issued a decision imposing a € 1.49 billion fine on Google for breaching Article 102 of the Treaty on the Functioning of the European Union. According to the Commission, Google abused its dominant position in (...)

Peter L’Ecluse The EU Commission accepts final commitments in a cross-border access to pay-TV case (Disney / NBC Universal / Sony Pictures / Warner Bros / Sky)

7 March 2019 409

According to a press release issued on 7 March 2019, the European Commission (“Commission”) has formally accepted the commitments offered by Disney, NBC Universal, Sony Pictures, Warner Bros. and Sky in Case 40.023, Cross-border access to pay-TV, under Article 9 of Regulation 1/2003. The (...)

Richard Burton The EU Commission imposes fines totalling € 368 million on car safety equipment suppliers in cartel settlement decision (Takata / Autoliv / TRW)

5 March 2019 327

On 5 March 2019, the European Commission (the “Commission”) announced that it had imposed total fines of € 368,277,000 on two car safety equipment suppliers, Autoliv and TRW, for their involvement in two cartels concerning the supply of car seatbelts, airbags and steering wheels to European (...)

Markus Wellinger The EU Court of Justice provides guidance on the duty of recovery in case of non-compliance with block exemption regulation (Eesti Pagar)

5 March 2019 357

On 5 March 2019, the Court of Justice of the European Union (the “ECJ”) delivered a judgment on a request for preliminary ruling by the Court of Appeal of Tallinn, Estonia, concerning a dispute on certain State aid granted by the Estonian authorities to Eesti Pagar, an Estonian bakery founded (...)

Porter Elliott The EU Commission issues first-ever Statement of Objections for breaching a merger commitment in the telecommunication sector (Telefónica Deutschland)

22 February 2019 1527

On 22 February 2019, the European Commission (“Commission”) sent a Statement of Objections to Telefónica Deutschland alleging that it breached a commitment offered in order to secure the Commission’s approval of its acquisition of E-Plus (see VBB on Competition Law, Volume 2014, No. 7). In (...)

Andrzej Kmiecik The EU Commission begins its evaluation of the Motor Vehicle Block Exemption Regulation by publishing a roadmap and announcing a public consultation

19 February 2019 471

The Motor Vehicle Block Exemption Regulation (“MVBER”), which (together with the Vertical Agreements Block Exemption) exempts under Article 101(3) various vertical agreements in the automotive sector, will expire on 31 May 2023. In preparation for this, the European Commission has formally (...)

Markus Wellinger The EU General Court annuls the Commission’s decision which classified Belgium’s "excess profit" tax scheme as State aid (Magnetrol International)

14 February 2019 346

On 14 February 2019, the General Court (“GC”) issued a judgment annulling the decision of the European Commission (the “Commission”) concerning the Belgian “excess profit” tax rulings (Joined Cases T-131/16 and T-263/16, Belgium and Magnetrol International v. Commission). Under Belgian law, (...)

Markus Wellinger The EU Commission launches two public consultations on the revision of the Emissions Trading Scheme State aid Guidelines

13 February 2019 360

On 13 February 2019, the European Commission launched two public consultations on the revision of the Guidelines on certain State aid measures in the context of the greenhouse gas emission allowance trading scheme post-2012, as amended. The Guidelines date from 2012 and will expire on 31 (...)

Porter Elliott The EU Commission lifts commitments adopted in a merger case based on exceptional circumstances review (Air France / KLM)

12 February 2019 312

In a recently published decision of 6 February 2019, the European Commission waived a commitment imposed during its merger review of Air France’s acquisition of KLM in 2004. By way of background, during the 2004 review of its acquisition of KLM, Air France offered commitments to address (...)

Porter Elliott The EU Commission prohibits a merger in the market for railway signalling and very high-speed trains (Siemens / Alstom)

6 February 2019 401

On 6 February 2019, the European Commission (“Commission”) prohibited Siemens’ proposed acquisition of Alstom under the EU Merger Regulation. The deal would have combined Siemens’ and Alstom’s transport equipment and service activities in a new company fully controlled by Siemens. According (...)

Porter Elliott The EU Commission prohibits a merger between rolled copper products producers (Wieland / Aurubis / Schwermetall)

6 February 2019 329

On 6 February 2019, the European Commission (“Commission”) prohibited Wieland’s proposed acquisition of Aurubis. Both companies are producers of rolled copper products, a key input for many industries, including for parts used in electric cars, trains and electronic devices. The Commission’s (...)

Markus Wellinger The EU Commission launches a public consultation on its Draft Notice on the recovery of unlawful and incompatible State aid

4 February 2019 86

On 4 February 2019, the European Commission launched a public consultation on a Draft Notice on the recovery of unlawful and incompatible State aid. The Draft Notice is intended to replace the 2007 recovery notice, reflecting changes in the Commission’s practice and case law developments since (...)

Andrzej Kmiecik The EU Commission launches its public consultation on the Vertical Agreements Block Exemption Regulation which will expire in 2022

4 February 2019 198

The European Commission (“Commission”) has initiated its evaluation of the Vertical Agreements Block Exemption Regulation (“VABER”), which will expire on 31 May 2022. The Commission’s evaluation will inform its decision on whether to allow the VABER to lapse, to prolong its duration or to (...)

Markus Wellinger The EU Commission publishes its 2018 State aid Scoreboard detailing Member State expenditure on State aid in 2017

24 January 2019 145

On 24 January 2019, the European Commission published its 2018 State Aid Scoreboard. The Scoreboard provides detailed information on the Member States’ aid expenditures in 2017. It is based on expenditure reports by Member States and covers all existing aid measures to industries, services, (...)

Richard Burton The EU Commission fines a credit card company €570 million for limiting retailers’ access to cross-border payment services (Mastercard II)

22 January 2019 206

On 22 January 2019, the European Commission (“Commission”) announced that it had imposed a fine of € 570,566,000 on Mastercard for preventing banks from offering lower interchange fees to retailers located in another EEA Member State, in breach of EU competition rules. Mastercard is the (...)

Porter Elliott The EU Court of Justice upholds the General Court’s ruling that annulled the Commission’s decision prohibiting a merger in the parcel delivery market (UPS / TNT)

16 January 2019 2726

On 19 January 2019, the Court of Justice of the European Union (“ECJ”) upheld on due process grounds the 2017 judgment of the General Court (“GC”) annulling the decision of the European Commission (“Commission”) in the UPS/TNT Express merger (Case C-265/17P, Commission v. United Parcel (...)

Eugenia Caracciolo The EU Court of Justice upholds the General Court’s ruling that the Commission violated rights of defence when it failed to share the final economic model used in its decision to block a merger (UPS / TNT)

16 January 2019 28

Andrzej Kmiecik The EU Commission fines a clothing company close to €40 million for restricting cross-border trade (Guess)

17 December 2018 506

According to a press release issued on 17 December 2018, the European Commission (“Commission”) has fined the clothing company Guess € 39.8 million for infringing Article 101(1) Treaty on the Functioning of the European Union (“TFEU”) by imposing various types of resale restrictions on (...)

Tim Kasten The EU Commission imposes a fine totalling €77M on an energy company for abuse of dominance on Bulgarian gas markets (BEH)

17 December 2018 335

On 17 December 2018, the European Commission (the “Commission”) adopted a decision imposing a fine of € 77,068,000 on Bulgarian Energy Holding (“BEH”), its gas supply subsidiary Bulgargaz, and its gas infrastructure subsidiary Bulgartransgaz (together, the “BEH Group”) for infringing Article (...)

Tim Kasten The EU General Court slightly reduces the fine in a case of abuse of dominance in the telecom sector to account for the Commission’s failure to establish exclusionary effects over a limited period (Slovak Telekom)

13 December 2018 308

On 13 December 2018, the General Court (the “GC”) issued a judgment upholding in large part an October 2014 decision of the European Commission (the “Commission”) against Slovak Telekom, in which it found that Slovak Telekom had abused its dominant position by engaging in a constructive (...)

Peter L’Ecluse The EU General Court rules that territorial exclusivity clauses in copyright licensing agreements raise competition concerns (Canal+)

12 December 2018 622

On 12 December 2018, the EU General Court (“GC” or “Court”) dismissed the application for annulment which Canal + SA (“Canal +”) had brought against a European Commission (“Commission”) decision that had made commitments offered by Paramount Pictures Ltd (“Paramount”) in the context of (...)

Peter L’Ecluse The EU General Court offers a mixed review of patent settlement agreements in the pharmaceutical sector (Servier)

12 December 2018 466

On 12 December 2018, the General Court (“GC”) once again passed judgment on a number of patent settlement agreements in the pharmaceutical sector. It had already reviewed such agreements in September 2016 when it upheld the decision of the European Commission (the “Commission”) in the Lundbeck (...)

Tim Kasten The EU Commission accepts commitments from a company to settle an investigation into conduct affecting the German and Danish electricity markets (TenneT)

7 December 2018 313

On 7 December 2018, the European Commission (“Commission”) adopted a decision accepting a number of commitments from TenneT to address the Commission’s competition concerns regarding TenneT’s conduct that allegedly limited southward capacity at the electricity interconnector between Western (...)

Porter Elliott The EU Commission unconditionally clears a merger in the Dutch retail mobile telecommunications market (T-Mobile / Tele2)

27 November 2018 260

On 27 November 2018, the European Commission (“Commission”) unconditionally approved the proposed acquisition by T-Mobile of Tele2 under the EU Merger Regulation. The transaction combines the third largest (T-Mobile) and fourth largest (Tele2) operators in the Dutch retail mobile (...)

Markus Wellinger The EU General Court confirms selectivity of Spanish tax scheme for the amortisation of financial goodwill (Deutsche Telekom / Banco Santander / Sigma Alimentos Exterior / Prosegur Compañia de Seguridad / Duty Free Group / Banco Santander / Santusa)

15 November 2018 650

On 15 November 2018, the General court (“GC”) issued several judgments in cases relating to a European Commission decision classifying a Spanish tax scheme for the amortisation of financial goodwill as incompatible state aid (Cases T-207/10, T-227/10, T-239/11, T-405/11, T-406/11, T-219/10 and (...)

Andrzej Kmiecik The EU Commission invites feedback from stakeholders on its evaluation of the vertical agreements block exemption regulation that will expire in 2022

8 November 2018 994

The Vertical Agreements Block Exemption Regulation (“VABER”) will expire on 31 May 2022. As a result, the European Commission has formally commenced its evaluation of the VABER in order to inform its decision on whether to allow it lapse, prolong its duration or revise it, in particular to (...)

Porter Elliott The EU Commission conditionally clears the creation of six joint ventures for mobility services (Daimler / BMW)

7 November 2018 725

On 7 November 2018, the European Commission conditionally approved the creation of six mobility services joint ventures by Daimler and BMW. While the joint ventures will combine Daimler and BMW’s mobility services in ride hailing services, parking services, charging services and other (...)

Richard Burton The EU Court of Justice partly upholds the judgement of the EU General Court in a cartel case but sends it back to reexamine the calculation of the fine (Infineon Technologies)

26 September 2018 1428

On 26 September 2018, the Court of Justice of the European Union (“ECJ”) delivered two judgments on the appeals brought by Infineon and Philips against the General Court (“GC”)’s earlier judgments relating to the European Commission’s decision in Smart card chips cartel case. By way of (...)

Porter Elliott The EU Court of Justice Advocate General Kokott issues an opinion supporting the rights of defence of merging parties (UPS / TNT)

25 July 2018 994

On 25 July 2018, Advocate General (“AG”) Kokott issued an Opinion in which she concludes that the General Court (“GC”) was correct to annul the Commission’s 2013 decision to prohibit UPS’s acquisition of its package delivery rival, TNT Express. In the decision, the Commission relied upon a (...)

Richard Burton The EU Commission fines consumer electronics manufacturers a total of €111 million for resale price maintenance, granting substantial reductions in the fines through the cooperation procedure (Asus / Denon & Marantz / Philips / Pioneer)

24 July 2018 2021

According to a press release and statement issued on 24 July 2018, the European Commission has, in four separate decisions, fined consumer electronics manufacturers Asus, Denon & Marantz, Philips and Pioneer a total of €111 million for engaging in resale price maintenance during periods (...)

Tim Kasten The EU Commission fines a technology company for abuse of dominance through its smartphone operating system and platform (Google Android)

18 July 2018 583

On 18 July 2018, the European Commission adopted a decision fining Google €4.34 billion for abusing its dominant position by allegedly engaging in various illegal practices regarding the Android mobile platform. According to its press release, the Commission found that Google holds a (...)

Richard Burton The EU General Court dismisses appeals against a decision of the EU Commission brought by producers of underground and submarine high voltage power cables (Power Cables cartel)

12 July 2018 488

Cartel, judicial review, evidence, conterfactuel, parent On 12 July 2018, the General Court (“GC”) delivered fourteen judgments dismissing all of the appeals brought by the companies involved in the Power Cables cartel case. By way of background, in 2014, the European Commission adopted a (...)

Porter Elliott The EU Court of Justice issues important ruling on gun jumping and on the scope of the standstill obligation contained in the EU Merger Regulation (EY / KPMG)

31 May 2018 904

On 31 May 2018, the Court of Justice of the European Union (the “ECJ”) issued an important judgment on the scope of the standstill obligation contained in Article 7(1) of the EU Merger Regulation (the “EUMR”), which prohibits companies from implementing a notifiable concentration prior to (...)

Tim Kasten The EU Commission accepts commitments to settle an investigation into conduct affecting Central and Eastern European gas markets (Gazprom)

24 May 2018 1036

On 24 May 2018, the Commission adopted a decision accepting a number of commitments from Gazprom to address the Commission’s competition concerns regarding conduct by Gazprom that allegedly restricted the free flow of gas at competitive prices in Central and Eastern European gas markets. The (...)

Porter Elliott The EU General Court orders Commission to re-examine a request to review merger commitment (Lufthansa)

16 May 2018 523

On 16 May 2018, the General Court (“GC”) ruled that the European Commission had failed to properly examine a request by Lufthansa to review a merger commitment given by Lufthansa in order to secure EU merger clearance of its acquisition of Swiss Airlines. In order to allay competition (...)

Porter Elliott The EU Commission conditionally clears a merger in the steel production industry (ArcelorMittal / Ilva)

7 May 2018 393

On 7 May 2018, the European Commission conditionally approved the acquisition by ArcelorMittal of rival steel producer Ilva, following a phase II investigation. The Commission considered that several significant overlaps between the parties would give rise to concerns. In particular, the (...)

Markus Wellinger The EU Court of Justice clarifies application of the selectivity criterion to State aid (Anged)

26 April 2018 390

On 26 April 2018, the Court of Justice of the European Union (“ECJ”) issued judgments on three requests for preliminary rulings from the Spanish Supreme Court regarding the qualification as state aid of regional taxes on large retail establishments situated in the territories of Catalonia (...)

Porter Elliott The EU Commission imposes a record €125M fine on a multinational cable and telecommunications company for gun jumping (Altice / PT Portugal)

24 April 2018 811

On 24 April 2018, the European Commission fined Altice, a Dutch-based telecom operator, € 125 million for procedural infringements of the EU Merger Regulation. By way of background, on 9 December 2014, Altice entered into an agreement to acquire sole control of PT Portugal. Altice notified (...)

Richard Burton The EU Court of Justice rules on requirements to establish price discrimination by a dominant undertaking (MEO – Serviços de Comunicações e Multimédia)

19 April 2018 1297

On 19 April 2018, the Court of Justice of the European Union (the “ECJ”) delivered a judgment holding that investigations of price discrimination under EU competition law should involve an examination of all the relevant circumstances of the case in order to assess whether there is a (...)

Richard Burton Advocate General Wathelet recommends setting aside the General Court judgment that dismissed the claims brought by one participant to the smart card cartel case without carrying an extensive review of the conduct challenged by the undertaking and of the amount of the fine (Infineon Technologies)

12 April 2018 440

On 12 April 2018, Advocate General (“AG”) Wathelet delivered an opinion in which he recommended that the Court of Justice of the European Union (“ECJ”) set aside the General Court’s (“GC”) judgment which had dismissed the claims brought by Infineon in connection with its involvement in the (...)

Porter Elliott The EU Commission conditionally clears a merger in the agriculture sector (Bayer / Monsanto)

21 March 2018 686

On 21 March 2018, the European Commission conditionally approved the acquisition of Monsanto by Bayer. The parties’ activities overlap in the supply of seeds, pesticides and digital agriculture. In order to obtain approval, Bayer has committed to: (i) divest its entire vegetable seed (...)

Richard Burton The EU Commission fines 8 Japanese producers of capacitors involved in a cartel for the supply of aluminium and tantalum electrolytic capacitors (Elna / Hitachi / Holy Stone / Matsuo / NEC Tokin / Nichicon / Nippon Chemi-Con / Ruycom / Sanyo)

21 March 2018 910

On 21 March 2018, the European Commission announced that it had adopted a decision fining eight Japanese producers of capacitors a total of € 253,935,000. The companies addressed by the decision, namely Elna, Hitachi, Holy Stone, Matsuo, NEC Tokin, Nichicon, Nippon Chemi-Con, Ruycom and Sanyo, (...)

Porter Elliott The EU Commission conditionally approves a proposed merger in the market for providing pay-TV channels to TV distributors (Discovery / Scripps)

6 February 2018 481

On 6 February 2018, the European Commission conditionally approved the proposed acquisition of Scripps by Discovery. Both Discovery and Scripps are active primarily as providers of pay-TV channels to TV distributors in Europe. The Commission was concerned that the deal risked increasing (...)

Richard Burton The EU Court of Justice delivers four judgments dismissing the appeals brought by participants involved in a cartel (Airfreight cartel)

1 February 2018 314

By way of background, in 2012, the European Commission adopted a decision in which it found that a number of undertakings had fixed pricing mechanisms and surcharges for a variety of freight forwarding services, which the Commission considered to amount to four distinct infringements of the EU (...)

Tim Kasten The EU Commission fines a company for abuse of dominance on the market for baseband chipsets for smartphones and tablets (Qualcomm)

24 January 2018 1184

On 24 January 2018, the European Commission (the “Commission”) announced that it had imposed fines totalling € 997.439 million on chipset producer Qualcomm for abusing a dominant position contrary to Article 102 TFEU. While the public version of the decision has not yet been published, the (...)

Porter Elliott The EU Commission conditionally clears a merger in the market of semiconductors (Qualcomm / NXP)

18 January 2018 688

On 18 January 2018, the European Commission (the “Commission”) conditionally approved the acquisition of NXP by Qualcomm. Both companies are important producers of chipsets used for smartphones and other applications. During an in-depth merger review, the Commission identified three (...)

Peter L’Ecluse The EU Court of Justice clarifies exhaustion of trademark principles and broadens the interpretation of economic links between trademark owners (Schweppes / Red Paralela)

20 December 2017 862

On 20 December 2017, the Court of Justice of the European Union (“ECJ”) handed down its judgment in Case C-291/16 Schweppes v Red Paralela and Others. The ECJ held that the owner of a trademark may not oppose the parallel importation of goods bearing an identical trademark but originating in (...)

Markus Wellinger The EU Court of Justice annuls a Commission decision due to the lack of motivation in the assessment of the selectivity criteria in the determination of the compatibility of an aid (Comunidad Autónoma de Galicia and Retagal)

20 December 2017 305

* Article published on StateAidHub.eu Blog (click here), republished in e-Competitions with the courtesy of the author(s). 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 (...)

Tim Kasten The EU Court of Justice dismisses the appeal against a judgment upholding the fine against two undertakings for a non-compete agreement in the telecom sector (Telefonica)

13 December 2017 579

On 13 December 2017, the Court of Justice of the European Union (“ECJ”) dismissed the appeal lodged by telecommunication operator Telefónica against the General Court’s (“GC”) judgment largely upholding a 2013 Commission decision, which imposed a fine on Telefónica for agreeing not to compete (...)

Andrzej Kmiecik The EU Court of Justice hands down an anticipated judgment in the luxury goods sector regarding the possibility to restrict sales on third party online platforms that are outside of the selective distribution network (Coty Germany / Parfümerie Akzente)

6 December 2017 872

On 6 December 2017, the Court of Justice of the European Union (the ECJ or the Court) handed down its eagerly anticipated judgment in Coty (C-230/16). In general, the ECJ closely follows the opinion of Advocate General Wahl (AG Wahl), published on 26 July 2016, in essentially holding that: (...)

Tim Kasten The EU Commission publishes a communication on Standard Essential Patents

29 November 2017 609

On 29 November 2017, the European Commission published a communication titled “Setting out the EU approach to Standard Essential Patents” (the “Communication”) in which it seeks to offer guidance and recommendations in relation to the licensing, valuation and enforcement of Standard Essential (...)

Porter Elliott The EU General Court dismisses appeals against a Commission’s decision to open an in-depth merger investigation (HeidelbergCement / Schlenk Zement / Cemex Croatia)

27 November 2017 387

On 27 November 2017, the General Court (“GC”) dismissed appeals brought by HeidelbergCement and Schwenk Zement against the European Commission’s decision of 10 October 2016 to open an in-depth (Phase II) merger investigation into their acquisition – via a joint venture – of Cemex Croatia. In (...)

Richard Burton The EU Commission fines several car safety equipment suppliers in a cartel settlement case (Tokai Rika / Takata / Autoliv / Toyoda Gosei / Marutaka)

22 November 2017 282

On 22 November 2017, the European Commission announced that it had imposed nes totalling € 34 million on five car safety equipment suppliers for taking part in one or more of four separate cartels for the supply of car safety equipment to some Japanese car manufacturers in the EEA. The (...)

Richard Burton The EU Court of Justice provides guidance to French Court on the relationship between EU Common Agricultural Policy and Competition Law (APVE)

14 November 2017 631

On 14 November 2017, the Court of Justice of the European Union (“ECJ”) handed down a judgment on a request for preliminary ruling from the French Supreme Court regarding the relationship between the objectives of the EU’s Common Agricultural Policy and those of EU competition law (C-671/15, (...)

Richard Burton The EU General Court partially annuls the Commission decision fining a financial company for facilitating cartels in the market of interest rate derivatives in Japanese yen (Icap)

10 November 2017 427

On 10 November 2017, the General Court (“GC”) partially upheld the appeal lodged by Icap plc, Icap Management Services Ltd and Icap New Zealand Ltd (“Icap”) against a Commission decision ning Icap € 14.9 million for facilitating cartels in the market for interest rate derivatives in Japanese (...)

Markus Wellinger The EU Court of Justice annuls three General Court Judgments regarding State aid for a television broadcaster (TV2 / Danmark)

9 November 2017 245

On 9 November 2017, the Court of Justice of the European Union (the “ECJ”) issued its judgments on appeal in three cases: Case C-656/15 P, European Commission v TV2/Danmark, Case C-657/15 P, Viasat Broadcasting UK v TV2/Danmark and Case 649/15 P, TV2/Danmark v European Commission. All three (...)

Porter Elliott The EU General Court annuls the Commission’s conditional merger clearance in the audiovisual sector (Liberty Global / Ziggo)

26 October 2017 381

On 26 October 2017, the General Court annulled the European Commission’s conditional merger clearance decision in Liberty Global/Ziggo. The Commission had approved the acquisition of Ziggo by Dutch rival cable TV operator Liberty Global in 2014, subject to extensive conditions including the (...)

Porter Elliott The EU General Court dismisses an appeal against a Commission decision for implementing acquisition of sole control without first obtaining approval under the EU Merger Regulation (Marine Harvest / Morpol)

26 October 2017 596

On 26 October 2017, the General Court dismissed an appeal by Marine Harvest against a € 20 million fine imposed on it by the Commission for implementing its acquisition of sole control over Morpol without rst obtaining approval under the EU Merger Regulation (see VBB on Competition Law, Volume (...)

Richard Burton The EU Court of Justice upholds General Court’s judgments in a cartel case (Pre-stressing steel)

26 October 2017 296

On 26 October 2017, the Court of Justice of the European Union (“ECJ”) dismissed appeals in the pre-stressing steel cartel case brought by four Spanish manufacturers belonging to the Spanish Celsa group (Global Steel Wire, Moreda-Riviere Tre lerías, Tre lerías Quijano and Trenzas y Cables de (...)

Andrzej Kmiecik The EU General Court endorses selective distribution of spare parts for luxury watches (CEAHR)

23 October 2017 699

On 23 October 2017, the General Court of the European Union (the “Court”) dismissed an action brought by Confédération européenne des associations d’horlogers-réparateurs (“CEAHR”) against the European Commission (the “Commission”) for the annulment of the Commission’s decision to reject a (...)

Porter Elliott The EU Commission proposes a new regulation that would allow the Commission and the Member States to adopt rules for screening foreign direct investment

13 September 2017 265

On 14 September 2017, the European Commission proposed a new regulation to allow the Commission and the Member States to adopt rules for screening foreign direct investment (“FDI”) in the EU that raises concerns on grounds of security or public order (the “Proposal”). The Proposal aims to (...)

Markus Wellinger The EU Court of Justice rules that Polish renewable energy support scheme does not involve state resources (ENEA)

13 September 2017 3350

On 13 September 2017, the Court of Justice of the European Union ( “ECJ”) issued its judgment on a request for a preliminary ruling from the Polish Supreme Court regarding the qualification of a national renewable energy support scheme as state aid (Case C-329/15, ENEA S.A. v Prezes Urzędu (...)

Richard Burton The EU General Court reduces the fine after re-hearing the bathroom fixtures and fittings cartel case (Laufen Austria)

12 September 2017 356

On 12 September 2017, the General Court (“GC”) handed down its judgment on an appeal lodged by Laufen Austria, a bathroom equipment manufacturer, against a Commission decision in connection with the bathroom fixtures and fittings cartel case, which was referred back to it for determination by (...)

Peter L’Ecluse The EU Court of Justice AG Mengozzi takes a new look at the exhaustion of trademark rights and signals a willingness to accept the erosion of such rights in a case concerning a tonic water company (Schweppes / Red Paralela)

12 September 2017 277

On 12 September 2017, Advocate General Mengozzi (“AG”) delivered an opinion in the Schweppes case in the context of a request for a preliminary ruling to the Court of Justice of the European Union (“ECJ”) from a Spanish Court. In particular, the AG proposed to develop the case-law on the (...)

Tim Kasten The EU Court of Justice issues a landmark judgment on the legal treatment of fidelity rebates granted by dominant companies (Intel)

6 September 2017 684

On 6 September 2017, the Court of Justice of the European Union (“ECJ”) issued its long-awaited judgment in the Intel case (Case C-413/14 P), setting aside the General Court’s (“GC”) judgment. The GC must now re-assess the legality of the Commission’s decision in light of the ECJ’s ruling. (...)

Peter L’Ecluse The EU Commission sends statements of objection for alleged pay-for-delay agreement (Teva / Cephalon)

17 July 2017 387

On 17 July 2017, the European Commission issued a Statement of Objections against pharmaceutical companies Teva and Cephalon (which is now a subsidiary of Teva) alleging that Teva breached Article 101 TFEU by concluding an agreement with Cephalon not to market a cheaper generic version of a (...)

Porter Elliott The EU Commission sends three separate statements of objections to companies alleging procedural breaches of the EU Merger Regulation (Merck / Sigma-Aldric ; GE / LM Wind ; Canon / Toshiba Medical Systems)

6 July 2017 840

On 6 July 2017, the European Commission sent three separate statements of objections (“SO”) to companies alleging procedural breaches of the EU Merger Regulation. Provision of misleading information The first SO concerns the Merck/Sigma-Aldrich transaction, which was conditionally cleared (...)

Richard Burton The EU Court of Justice dismisses an appeal in a gas insulated switchgear cartel case (Toshiba)

6 July 2017 495

On 6 July 2017, the European Court of Justice of the European Union (“ECJ”) dismissed an appeal lodged by Toshiba against a judgment of the General Court (“GC”), which upheld the European Commission’s decision to re-impose nes on Toshiba for its involvement in the gas insulated switchgear (...)

Tim Kasten The EU General Court addresses concepts of vexatious action and abuse of regulatory procedure in a judgment upholding rejection of a complaint (Agria Polska)

16 May 2017 579

On 16 May 2017, the General Court offered guidance on the concepts of vexatious action and abuse of regulatory procedure in the context of a judgment upholding a Commission decision to reject a complaint brought by Agria Polska and four other companies active in the parallel importation of (...)

Andrzej Kmiecik The EU Commission publishes its final e-commerce sector inquiry report

10 May 2017 1569

On 10 May 2017, the European Commission (“Commission”) published its final Report on the e-commerce sector inquiry (“the Report”), aimed at identifying business practices in the sector that might restrict competition and limit consumer choice. The Report consists of two documents: (i) a (...)

Andrzej Kmiecik The EU Commission accepts commitments to remove most favoured nation clauses from e-book distribution agreements (Amazon)

4 May 2017 550

On 4 May 2017, the European Commission (“Commission”) announced that it had accepted, pursuant to Article 9 of Regulation (EC) No.1/2003, to make binding commitments that Amazon offered ending the use of parity clauses in distribution agreements with electronic book (“e-book”) publishers. (...)

Richard Burton The EU Court of Justice dismisses appeal against a judgment of the General Court which upheld the EU Commission’s decision finding that a company participated in an illegal price-fixing cartel (Exotic Fruits cartel case)

27 April 2017 438

On 27 April 2017, the Court of Justice of the European Union (“ECJ”) dismissed an appeal lodged by banana importer Pacific Fruit (and its parent companies) against a judgment of the General Court (“GC”), which upheld the European Commission’s decision finding that Pacific Fruit had (...)

Peter L’Ecluse The EU Commission publishes a roadmap on the Standard Essential Patents to support the development of the 5G mobile communications standard

10 April 2017 547

On 10 April 2017, the European Commission published its roadmap on “Standard Essential Patents for a European digitalised economy” (the “Roadmap”) with the aim of supporting the development of the 5G mobile communications standard (“5G”) and the Internet of Things (“IoT”) universe. A (...)

Tim Kasten The EU Court of Justice AG Wahl offers guidance on the criteria to identify excessive prices in abuse of dominance case (AKKA / LAA)

6 April 2017 772

On 6 April 2016, Advocate General (“AG”) Wahl gave an opinion advising the European Court of Justice (“ECJ”) on the criteria to determine whether a Latvian royalty collecting society had abused its dominant position by charging excessive prices in breach of Article 102(a) TFEU. The matter came (...)

Richard Burton The Advocate General Wahl considers that agricultural producers’ organisations may be held liable under EU competition law (APVE)

6 April 2017 337

On 6 April 2017, Advocate General (“AG”) Wahl issued an opinion on a preliminary reference from the French Supreme Court arising from the Endive cartel investigated by the French Competition Authority. In his opinion, the AG con- siders that agricultural producers’ organisations and their (...)

Porter Elliott The EU Commission prohibits a merger in the financial sector (Deutsche Börse / London Stock Exchange)

29 March 2017 1177

On 29 March 2017, the Commission prohibited the proposed merger between the London Stock Exchange (LSE) and Deutsche Börse, almost one year after the parties first announced the deal, and on the day that the United Kingdom served notice of its intention to leave the European Union. The (...)

Porter Elliott The EU Commission conditionally clears a merger in the chemical sector (Dow / DuPont)

27 March 2017 369

On 27 March 2017, the European Commission conditionally approved the merger between US-based companies Dow Chemical and DuPont. Both parties are active in the production of plastics, chemicals, and agro-chemicals. The Commission was concerned that the merger, as notified, would reduce (...)

Tim Kasten The EU Commission launches a market test on an energy company’s commitments relating to the Central and Eastern European gas markets (Gazprom)

13 March 2017 358

On 13 March 2017, the European Commission launched a market test on commitments submitted by Gazprom aimed at addressing concerns over its alleged abuse of dominance on Central and Eastern European gas supply markets. In April 2015, the European Commission announced that it had sent a (...)

Richard Burton The EU Commission fines six undertakings that supplied air conditioning and engine cooling components to car manufacturers (Behr / Calsonic / Denso / Panasonic / Sanden / Valeo)

8 March 2017 216

On 8 March 2017, the European Commission announced that it had imposed fines under the cartel settlement procedure totalling € 155 million on six companies that supplied air conditioning and engine cooling components to car manufacturers. The companies involved, Behr, Calsonic, Denso, (...)

Markus Wellinger The EU Court of Justice concludes that the conditions laid down in the Altmark judgment are relevant for determining whether a measure constitutes state aid (Viasat Broadcasting)

8 March 2017 303

On 8 March 2017, the European Court of Justice (“ECJ”) handed down its judgement on appeal in case C-660/15 P, Viasat Broadcasting UK (“Viasat”) Ltd v European Commission. The case concerns aid granted to the Danish public broadcaster TV2/Danmark for the execution of public service (...)

Porter Elliott The EU General Court annuls a prohibition merger decision and finds that the Commission had failed to properly communicate the final version of its econometric analysis (UPS / TNT)

7 March 2017 295

On 7 March 2017, the General Court (“GC”) annulled the European Commission’s decision to prohibit UPS’ acquisition of TNT Express under the EU Merger Regulation. By way of background, UPS notified the acquisition of TNT Express to the Commission in June 2012. Following an in-depth Phase II (...)

Andrzej Kmiecik The EU General Court rules on three actions claiming damages for alleged excessive duration of judicial proceedings (Armando Alvarez / Plasticos Espanoles / Kendrion)

17 February 2017 376

On 1 and 17 February 2017, the General Court (“GC”) delivered three judgments in relation to actions claiming damages for alleged excessive duration of judicial proceedings. This is the second set of judgments issued by the GC on this topic. Last month, the GC awarded Gascogne more than € (...)

Richard Burton The EU Court of Justice dismisses appeals against the General Court’s judgement in a cartel case confirming the responsibility of undertakings for the actions of their representative (Paraffin Wax)

16 February 2017 450

Under EU case law, an undertaking can be held responsible for the actions of a person who is authorised to act on its behalf, regardless of any action or knowledge on the part of the managers of that undertaking. Consequently, the Commission may impose fines on an undertaking if it has shown (...)

Richard Burton The EU Commission fines €68 million undertakings in a car battery recycling cartel case (Campine / Eco-Bat Technologies / Recylex)

8 February 2017 413

On 8 February 2017, the European Commission announced that it had imposed fines totalling € 68 million on three car battery recyclers (Campine, Eco-Bat Technologies and Recylex) for operating a cartel in which they had allegedly agreed to fix the purchase prices of scrap lead-acid automotive (...)

Richard Burton The EU Court of Justice delivers fourteen decisions on appeals against judgments of the General Court in a cartel case and rejects only two of them (Bathroom Fittings and Fixtures cartel)

26 January 2017 182

Bathroom fittings and fixtures cartel case – concept of single and continuous infringement The concept of single and continuous infringement was developed by the Commission to impute liability to undertakings which had not been involved in every single cartel contact or had not engaged in (...)

Porter Elliott The EU Commission conditionally approves a merger in the healthcare sector (Abbott / Alere)

25 January 2017 234

On 25 January 2017, the European Commission conditionally approved the acquisition of Alere by Abbott under the EU Merger Regulation. The transaction was originally notified to the Commission on 15 April 2016. In the intervening period, Alere successfully obtained orders from a Delaware (...)

Richard Burton The EU Court of justice recalls that where the liability of the parent company is purely derivative of that of its subsidiary, its liability may not exceed that of its subsidiary (Methacrylates cartel)

19 January 2017 283

Under settled EU case law, a parent company may be held liable for the anticompetitive behaviour of its subsidiary, even if the former has not directly participated in the infringement, provided the parent company is in a position to exercise decisive influence over its subsidiary and has, in (...)

Tim Kasten The EU Court of Justice publishes details of a request by a Portuguese Court for a preliminary ruling regarding discriminatory pricing (Serviços de Comunicações e Multimédia)

16 January 2017 298

On 16 January 2017, details of a request by a Portuguese court for a preliminary ruling from the Court of Justice of the European Union (“ECJ”) were published in the Official Journal on questions relating to abusive discriminatory pricing under Article 102(c) TFEU. The request was issued in (...)

Andrzej Kmiecik The EU General Court orders the European Union to pay damages for excessively long court proceedings for the first time (Industrial bags cartel)

10 January 2017 234

On 10 January 2017, the General Court (“GC”) issued a judgment in which it ordered the European Union to pay Gascogne and Gascogne Sack Deutschland (“Gascogne”) a total of about € 57,000 in damages for the excessive duration of previous proceedings before the GC in connection with the (...)

Richard Burton The EU Court of Justice Advocate General Wahl considers that derivative liability of parent company may not exceed that of its subsidiary (Heat Stabilisers Cartel)

21 December 2016 156

Under settled EU case law, a parent company may be held liable for the anticompetitive behaviour of its subsidiary even if the former has not directly participated in the infringement, provided the parent company is in a position to exercise decisive influence over its subsidiary and, in fact, (...)

Richard Burton The EU General Court dismisses the actions of undertakings in a cartel case and upholds the fines imposed by the Commission (Smart card chips cartel)

15 December 2016 321

Article 27(2) of Regulation No 1/2003 provides that the parties’ rights of defence are to be fully respected in proceedings by the European Commission pursuant to Articles 101 and 102 TFEU. Article 12 of Regulation 773/2004 states that the Commission must give the parties to whom it has (...)

Richard Burton The EU General Court annuls a cartel settlement decision on appeal due to the Commission’s failure to sufficiently inform the undertakings on the fining methodology used (Printeos)

13 December 2016 321

Under the Commission’s cartel settlement procedure, an undertaking admitting liability to a cartel infringement and waiving certain procedural rights is rewarded with a 10% reduction in the fine. In the envelopes cartel case, the Commission fined five producers €19.4 million under the (...)

Markus Wellinger The EU Court of Justice confirms the General Court judgment annulling the Commission’s decision considering that public support statements and credit line offer constituted incompatible State aids by applying the test of the prudent private investor (Orange)

30 November 2016 155

On 30 November 2016, the European Court of Justice (“ECJ”) issued its second judgment in the case concerning public statements made by the French authorities in support of France Télécom (“FT” – now Orange) and the offering of a shareholder loan to FT. In 2002, FT, a public limited company, (...)

Richard Burton The Advocate General Kokott delivers her opinion on an appeal lodged before the EU Court of Justice against a judgment upholding the Commission’s decision in finding an illegal price-fixing cartel (Pacific Fruit)

17 November 2016 541

Summary On 17 November 2016, Advocate General (“AG”) Kokott delivered her opinion on an appeal lodged before the European Court of Justice (“ECJ”) by Pacific Fruit (and its parent companies) against a judgment of the General Court (“GC”) upholding the European Commission’s decision finding (...)

Tim Kasten The EU Court of Justice AG Wahl recommends that the Court grant an appeal against the judgment of the General Court, which had upheld a decision of the Commission imposing a fine of €1.06 billion for abuse of a dominant position (Intel)

20 October 2016 643

On 20 October 2016, Advocate General Wahl rendered his opinion on Intel’s appeal before the Court of Justice of the European Union (“CJEU”) against the judgement of the General Court, which had upheld a decision of the European Commission of 13 May 2009 imposing a fine of € 1.06 billion for (...)

Porter Elliott The EU Commission seeks feedback on procedural aspects of EU merger control

7 October 2016 283

On 7 October 2016, the Commission published an online survey to collect views on certain procedural and jurisdictional aspects of EU merger control. According to the Commission, the purpose of the survey is to gather information on particular aspects of the performance of EU merger control. (...)

Tim Kasten The EU Commission fines undertakings for abuse of dominance on the Austrian waste management market (Altstoff Recycling Austria)

20 September 2016 277

On 20 September 2016, the European Commission announced that it had imposed a € 6 million fine on Altstoff Recycling Austria (“ARA”) for abusing its dominant position on the Austrian waste management market by blocking competitors from entering the Austrian market between 2008 and 2012. (...)

Tim Kasten The EU General Court upholds the Commission’s decision making legally binding commitments remedying a finding of an abuse of dominance in the market for consolidated real-time data feeds (Morningstar / Thomson Reuters)

15 September 2016 340

On 15 September 2016, the General Court upheld the Commission’s decision accepting commitments proposed by Thomson Reuters with a view to remedying a finding of an abuse of a dominant position in the market for consolidated real-time data feeds, in breach of Article 102 TFEU. The Commission (...)

Richard Burton The EU General Court relies on secretly-recorded telephone conversations obtained in the context of unannounced inspections (North Sea Shrimps)

8 September 2016 269

Under Article 2 of Regulation 1/2003, the Commission has the burden of proving an infringement of Article 101 TFEU. In the present case, as evidence of the cartel infringement, the Commission relied on secretly-recorded telephone conversations, and the transcripts or notes made thereof, which (...)

Porter Elliott The EU Commission conditionally approves a joint venture in retail mobile market (Hutchinson/ VimpelCom)

1 September 2016 314

On 1 September 2016, the European Commission conditionally cleared the proposed creation of a telecommunications joint venture between Hutchison’s H3G and VimpelCom’s WIND, a combination of the third and fourth largest operators in the Italian retail mobile market. Before the deal, the (...)

Markus Wellinger The EU Commission declares Irish tax rulings favoring a Big Tech company to be contrary to State aid provisions (Apple)

30 August 2016 227

On 30 August 2016, the European Commission announced its decision finding that Ireland has granted selective tax advantages to Apple. According to the press release of the Commission, the two tax rulings at stake issued by Ireland to Apple substantially and artificially lowered the tax paid by (...)

Porter Elliott The EU Commission conditionally clears the creation of a joint venture between two mobile telecom operators (Vodafone / Liberty Global)

3 August 2016 306

On 3 August 2016, the European Commission conditionally cleared the creation of a joint venture between mobile telecom operator Vodafone and cable company Liberty Global in the Netherlands. The joint venture will offer unified communications services and will compete with KPN, the only other (...)

Peter L’Ecluse The EU Commission accepts commitments that correct passive sales restrictions caused by geo-blocking of audio-visual content (Paramount)

26 July 2016 372

On 26 July 2016, the Commission made legally binding the commitments offered by Paramount Pictures (“Paramount”) as it considered that they adequately addressed its concerns regarding specific contractual clauses restricting passive sales. In July 2015, the Commission had expressed concerns (...)

Richard Burton The EU Court of Justice clarifies when an undertaking can be held liable for the anticompetitive behaviour of an independent service provider (VM Remonts)

21 July 2016 248

In VM Remonts, the Court of Justice furst reiterated the established case-law on the liability of an undertaking for the conduct of an independent service provider: an undertaking may be held liable if the service provider acts under the direction or control of the undertaking concerned, and (...)

Porter Elliott The EU Commission conditionally clears an acquisition in the market for satellite launch services (Arianespace / ASL)

20 July 2016 321

On 20 July 2016, the European Commission conditionally cleared the acquisition of Arianespace by Airbus Safran Launchers (“ASL”). Arianespace is a French company offering satellite launch services to private and institutional satellite operators. ASL is a 50/50 joint venture controlled by (...)

Richard Burton The EU Commission imposes record-breaking fines of € 2.9 billion against truck producers (MAN / Volvo / Renault / Daimler / Iveco / DAF Trucks)

19 July 2016 312

On 19 July 2016, the Commission announced it had adopted a decision under the cartel settlement procedure fining truck producers a record breaking € 2.9 billion for their participation in a cartel on the market for medium and heavy trucks. The companies involved in the decision are MAN, (...)

Richard Burton The EU General Court rules that a parent company cannot be held liable for aggravated circumstances of a subsidiary’s conduct prior to the date of its acquisition (Parker Hannifin)

14 July 2016 467

Under settled case law, a subsidiary and its parent company may be regarded as forming a single economic unit for the purpose of EU competition law. In such case, the Commission may be entitled to hold the parent company jointly and severally liable for the unlawful conduct of its subsidiary (...)

Richard Burton The EU Commission seeks feedback on commitments offered by container liner shipping companies (Liner Shipping Case)

7 July 2016 409

While public price announcements are common commercial practice in many markets, such announcements may be challenged as illegal price signalling if they have the object or effect of restricting competition among suppliers. The question remains, however, whether such announcements are (...)

Peter L’Ecluse The EU Court of Justice rules that payment of royalties under a licence agreement where the patent was held invalid may be compatible with Article 101 TFEU (Genentech / Hoechst)

7 July 2016 354

On 7 July 2016, the Court of Justice of the European Union (the “ECJ”) issued its judgment on a request for a preliminary ruling from the Paris Court of Appeal, which had enquired whether Article 101 TFEU precludes a licensee from paying royalties pursuant to a licensing agreement when the (...)

Richard Burton The EU General Court endorses a strict approach to ancillary restraints (Portugal Telecom / Telefónica)

28 June 2016 1311

Portugal Telecom and Telefonica cases – Non-compete clauses: General Court endorses strict approach to ancillary restraints Non-compete clauses are standard practice in the context of the acquisition of a business to protect a purchaser’s investment. They guarantee the transfer to the (...)

Markus Wellinger The EU Commission publishes Working Paper on State aid and tax rulings

3 June 2016 364

On 3 June 2016, the European Commission published a working paper on state aid and tax rulings (the “Working Paper”). The Working Paper brings together relevant findings of the Commission in the politically sensitive area of state aid and corporate taxation. In particular, the Working Paper (...)

Richard Burton The EU Court of Justice holds that the Commission is entitled when calculating a fine to refer to the last business year that corresponds to a full year of normal activity (Pre-stressing steel cartel)

2 June 2016 186

Under Article 23(2) of the Regulation on the Implementation of the Rules on Competition, a fine imposed for competi- tion law infringements should not exceed 10 percent of the undertaking’s total turnover in the business year preceding the decision in which the Commission imposes the fine. (...)

Porter Elliott The EU Commission clears a merger subject to remedies in the European beer market (AB InBev / SABMiller)

24 May 2016 348

On 24 May 2016, the Commission cleared the proposed acquisition of SABMiller, the world’s second largest brewer, by AB InBev, the world’s largest brewer. AB Inbev’s brands include Corona, Stella Artois and Budweise. SABMiller owns brands such as Miller, Peroni, Pilsner Urquell and Grolsch. The (...)

Porter Elliott The EU Commission blocks a merger between two mobile networks due to the risk of price increase on the market (Telefónica / Hutchison)

11 May 2016 428

On 11 May 2016, the European Commission (“Commission”) prohibited the proposed acquisition of Telefónica’s O2 by Hutchison’s Three under the EU Merger Regulation. The Commission’s primary concern was that a combined Three/ O2 would have the ability and incentive to raise prices in the UK (...)

Markus Wellinger The EU General Court hands down a judgment in a case regarding a German law on renewable energy and clarifies the notion of State resources (Erneuerbare-Energien-Gesetz)

10 May 2016 360

On 10 May 2016, the General Court of the European Union (“Court”) handed down a judgment in a case concerning the German law on renewable energy of 2012 (the Erneuerbare-Energien-Gesetz 2012 - “EEG 2012”) (case T-47/15, Germany vs. Commission). The EEG 2012, which was replaced by a new law (...)

Porter Elliott The EU Commission conditionally approves a merger subject to divestment commitments and behavioral conditions in the payment services and terminals sector (Equens / Worldline)

20 April 2016 493

On 20 April 2016, the European Commission (“Commission”) approved the acquisition by Worldline of Equens (and its subsidiary PaySquare) under the EU Merger Regulation, subject to divestment commitments and behavioural conditions. Worldline is the incumbent operator of payment services and (...)

Tim Kasten The EU Commission sends a statement of objections concerning the imposition of restrictions on smartphone manufacturers and mobile network operators (Google Android)

20 April 2016 649

On 20 April 2016, the European Commission confirmed it issued a Statement of Objections (“SO”) to Google concerning the imposition of restrictions on Android device manufacturers and mobile network operators. The investigation was formally opened in April 2015. Google now has until July 2016 (...)

Tim Kasten The EU Commission relieves an undertaking in the railway sector of its obligation to comply with a commitments decision, following market developments (Deutsche Bahn)

8 April 2016 338

On 8 April 2016, the Commission announced that it had adopted a decision to relieve Deutsche Bahn of its obligation to comply with a commitments decision made binding on the company in December 2013. According to the Commission, the commitments decision had achieved its “main purpose”, which (...)

Richard Burton The EU Commission presents its initial findings on geo-blocking with respect to consumer goods in an e-commerce sector inquiry

18 March 2016 412

On 18 March 2016, the European Commission published its initial findings of its sector inquiry into the e-commerce sector in relation to geo-blocking practices. The Commission de nes geo-blocking as commercial practices whereby online providers prevent users from accessing and purchasing (...)

Richard Burton The EU Commission publishes a report on the functioning of the Insurance Block Exemption Regulation

17 March 2016 394

On 17 March 2016, the European Commission published a report on the functioning of the Insurance Block Exemption Regulation (IBER). The current block exemption, which provides for an exemption from Article 101 TFEU for agreements between insurers relating to joint compilations, tables and (...)

Peter L’Ecluse Advocate General Wathelet concludes that payment of royalties under a licence agreement where the patent was held invalid may be compatible with Article 101 TFEU (Genentech / Hoechst)

17 March 2016 319

On 17 March 2016, Advocate General Wathelet issued his opinion on a request for a preliminary ruling from the Paris Court of Appeal, which inquired as to whether Article 101 TFEU precludes a licensee from paying royalties pursuant to a licensing agreement when the patent, which is the subject (...)

Porter Elliott The EU Competition Commissioner Margrethe Vestager discusses the possible ways in which the EU merger control system could be refined

10 March 2016 461

In a speech delivered in Brussels on 10 March 2016, EU Competition Commissioner Margrethe Vestager discussed possible ways in which the EU merger control system could be refined. She addressed three main topics. First, Ms Vestager said it should be examined as to whether the EU notification (...)

Porter Elliott The EU Commission conditionally approves a merger in the telecommunications sector (Liberty Global / BASE)

4 February 2016 867

On 4 February 2016, the European Commission conditionally approved the acquisition of Belgian mobile network operator (“MNO”) BASE by Liberty Global, which controls the Belgian telecommunications operator and mobile virtual network operator (“MVNO”) Telenet. Telenet has a significant position (...)

Richard Burton The EU Court of Justice reduces a fine previously imposed by the EU Commission in a cartel case (Spanish bitumen)

21 January 2016 693

On 21 January 2016, the Court of Justice of the European Union (“ECJ”) issued a judgment reducing the fine previously imposed by the European Commission on the Galp group for its participation in the Spanish bitumen cartel case. The judgment follows on from a previous ruling of the General (...)

Richard Burton The EU General Court rejects actions brought against the recalculated fines imposed by the EU Commission in the gas insulated switchgear cartel (GIS cartel)

19 January 2016 458

On 19 January 2016, the General Court (“GC”) issued judgments rejecting actions brought by Toshiba and Mitsubishi Electric against the recalculated fines amounting to approximately € 136 million imposed by the European Commission in June 2012 for their participation in the gas insulated (...)

Markus Wellinger The EU General Court annuls a Commission’s decision finding a Spanish tax illegal (Spain / Lico Leasing / Pequeños y Medianos Astilleros Sociedad de Reconversión)

17 December 2015 262

On 17 December 2015, the General Court (“GC”) handed down its judgment in joined cases T-515/13, Spain v Commission and T-719/13, Lico Leasing SA and Pequeños y Medianos Astilleros Sociedad de Reconversión SA v Commission annulling a 2013 European Commission decision which had found that the (...)

Richard Burton The EU General Court rules on appeals brought by several airlines against the EU Commission’s decision which imposed €799 million fines for their alleged participation in a cartel (Airfreight cartel)

16 December 2015 686

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. (...)

Porter Elliott The EU Commission conditionally approves a merger between two specialty chemicals producers (Solvay / Cytec)

2 December 2015 307

On 2 December 2015, the European Commission approved the proposed acquisition by Belgian chemicals and plastics manufacturer Solvay of US specialty chemicals and materials company Cytec, subject to conditions. Both parties are active in the specialty chemicals and plastics area, but the (...)

Andrzej Kmiecik The EU Court of Justice finds limited exclusivity restriction in lease agreements not to be a restriction by object (Maxima Latvija)

26 November 2015 400

On 26 November 2015, the European Court of Justice (“ECJ”) handed down its judgment in a request for a preliminary ruling in the proceedings between Maxima Latvija, a Latvian entity carrying out business predominantly in the food retail trade, and the Latvian Competition Council. By way of (...)

Markus Wellinger The EU Court of Justice rules on the application of State aid rules in national court proeedings and the principle of res judicata (Klausner Holz Niedersachsen / Land Nordrhein Westfalen)

12 November 2015 194

On 12 November 2015, the Court of Justice of the European Union (“ECJ”) handed down a judgment on a reference for a preliminary ruling from the Münster Regional Court in case C-505/14, Klausner Holz Niedersachsen GmbH v Land Nordrhein Westfalen. The case concerns the application of the EU (...)

Markus Wellinger The EU Commission decides selective tax advantages for an automobile company in Luxembourg are illegal under EU State aid rules (Fiat) 

21 October 2015 286

On 9 June 2016, the Commission published the non-confidential version of its decision in its state aid investigation into Fiat’s tax arrangements in Luxembourg. As reported previously, the Commission press release issued in October 2015 explained that Luxembourg had breached EU state aid rules (...)

Richard Burton The EU Court of Justice marginally reduces the fine imposed to a parent company in a cartel case to reflect the reduction granted to a subsidiary (Paraffin Wax)

17 September 2015 352

On 17 September 2015, the Court of Justice (“ECJ”) issued two judgments on the appeals by Total SA and its wholly-owned subsidiary, Total Marketing Services, against two judgments of the General Court (“GC”) in relation to the paraffin wax cartel. In 2008, the European Commission found that (...)

Porter Elliott The EU Commission conditionally approves an acquisition in the pharmaceutical sector (Pfizer / Hospira)

4 August 2015 447

On 4 August 2015, the EU Commission approved the acquisition by Pfizer of Hospira, a US-based competitor in, amongst other areas, biosimilar drugs and sterile injectable drugs. In order to obtain approval, Pfizer agreed to a number of divestments designed to eliminate actual or potential (...)

Richard Burton The EU General Court reduces the fines imposed by the Commission on three members of a EU pre-stressing steel market cartel (Pre-stressing steel cartel)

15 July 2015 446

On 15 July 2015, the General Court (“GC”) largely upheld the EU Commission’s decision in the pre-stressing steel cartel case in ten judgments on 12 separate appeals brought against the decision. However, the GC reduced the fine imposed on several applicants on the grounds that (i) the (...)

Markus Wellinger The EU General Court annuls the Commission State aid decision relating to public statements and shareholder loan to a telecommunications company (France Télécom)

2 July 2015 748

In its judgement handed down on 2 July 2015, the General Court (“GC”) annulled for the second time the EU Commission’s state aid decision relating to public statements made by the French authorities in support of France Télécom (“FT”) and to the offering of a shareholder loan to FT. The (...)

Porter Elliott The EU Commission conditionally approves online rights licensing and administration joint venture between collective management organizations (PRSfM / STIM / GEMA)

16 June 2015 439

On 16 June 2015, the EU Commission conditionally approved the proposed joint venture between music collective management organisations PRS for music Limited (“PRSfm”) of the UK, Föreningen Svenska Tonsättares Internationella musikbyrå u.p.a. (“STIm”) of Sweden, and Gesellschaft für (...)

Richard Burton The EU General Court rejects an appeal against the EU Commission’s which fined companies for a cartel participation (Timab)

20 May 2015 449

On 20 May 2015, the General Court (“GC”) rejected an application for annulment by Timab Industries against a 2010 Commission decision imposing a fine of €59.8 million on the company for its participation in the animal feed phosphates cartel. Timab, a subsidiary of Cie Financière et de (...)

Porter Elliott The EU Commission approves an acquisition in the telecommunications sector after a lengthy Phase II investigation and subject to extensive commitments (Orange / Jazztel)

19 May 2015 438

On 19 May 2015, the European Commission conditionally approved the acquisition of Jazztel by rival telecommunications provider Orange. The approval, after a lengthy Phase II investigation including a Statement of Objections issued in February, is subject to extensive commitments to facilitate (...)

Porter Elliott The EU Commission conditionally approves a three-part deal in the pharmaceutical sector (Novartis / GSK)

28 January 2015 503

On 28 January 2015, in two separate decisions, the European Commission conditionally approved a complex transaction between pharmaceuticals producers GlaxoSmithKline (GSK) and Novartis that will result in: (i) GSK’s acquisition of Novartis’ human vaccines business; (ii) the formation of a (...)

Porter Elliott The EU Court of Justice holds that a competitor has standing to challenge national spectrum allocation decision implementing merger commitments (T-Mobile / Telekom-Control)

22 January 2015 267

On 22 January 2015, the Court of Justice of the European Union (“ECJ”) issued its judgment in Case C-282/13, T-Mobile Austria v. Telekom- Control-Kommission, concerning whether competitors have a right under Directive 2002/21 on a common regulatory framework for electronic communications (...)

Porter Elliott The EU Court of Justice refers a cartel case back to the EU General Court for a ruling on the merits (Parker Hannifin)

18 December 2014 483

On 18 December 2014, the Court of Justice of the European Union (“ECJ”) handed down a judgment on an appeal by the European Commission against a judgment of the General Court (“GC”) that reduced the fine imposed on Parker ITR and Parker Hannifin Corp. for participating in the marine hose (...)

Richard Burton The EU Court of Justice provides further guidance on long-term exclusive purchase and non-compete obligations (Estación de Servicio Pozuelo / Galp Energía España)

4 December 2014 988

On 4 December 2014, the European Court of Justice (the “ECJ”) issued an order addressing two preliminary questions from the Spanish Supreme Court concerning an exclusive purchase obligation, which presumably prevented the party bound by the exclusivity from purchasing the products of competing (...)

Porter Elliott The EU General Court annuls a Commission decision in a power transformer cartel case (Alstom)

27 November 2014 294

On 27 November 2014, the General Court (“GC”) handed down two separate judgments on the appeals by Alstom and its former subsidiary Areva T&D SA (“Areva”; currently Alstom Grid SAS) against the Commission’s decision in the power transformers cartel case. The GC annulled the decision in so (...)

Richard Burton The EU Court of Justice partially upholds an appeal with regard to the calculation of the fine and substantially reduced the fine (YKK)

4 September 2014 330

On 4 September 2014, the Court of Justice of the European Union (“ECJ”) handed down its judgment on appeals brought by YKK Corporation, YKK Holding Europe BV and YKK Stocko Fasteners (jointly referred to as “YKK”) against a judgment of the General Court (“GC”) dismissing their appeals against (...)

Porter Elliott The EU Commission fines a company for late notification of a merger (Marine Harvest)

23 July 2014 280

On 23 July 2014, the European Commission imposed a € 20 million fine on Marine Harvest for acquiring Morpol without first obtaining merger clearance. The decision is notably similar in key respects to the 2009 decision fining Electrabel for its delay in notifying its 2003 acquisition of (...)

Porter Elliott The EU Court of Justice answers a request for a preliminary ruling about use of trademarks to prevent the importation of spare parts (Honda)

17 July 2014 809

On 17 July 2014, the Court of Justice of the European Union (“ECJ”) answered a request for a preliminary ruling from a Greek Court (Monomeles Protodikeio Athinon) inquiring as to whether the use by Honda Giken Kogyo Kabushiki Kaisha (“Honda”) of its trademarks to prevent the importation of (...)

Richard Burton The EU General Court reduces fines for three groups in candle wax cartel case (Sasol / Esso / ExxonMobil / RWE)

11 July 2014 363

On 11 July 2014, the General Court (“GC”) handed down three judgments reducing the fines imposed by the Commission’s decision of 1 October 2008 in the candle wax cartel case following appeals lodged by Sasol, Esso France and ExxonMobil, and RWE AG. On 1 October 2008, the Commission imposed (...)

Richard Burton The EU Court of Justice dismisses appeals the in industrial bags cartel case (FLSmidth / Plasticos Espanoles)

22 May 2014 210

In judgments handed down on 30 April and 22 May 2014, the European Court of Justice (ECJ) dismissed appeals brought by FLSmidth, Plasticos Españoles SA (ASPLA) and ASPLA’s parent company Armando Álvarez (Álvarez) against earlier General Court (GC) judgments in the industrial bags cartel case. (...)

Richard Burton The EU General Court dismisses appeal against the Commission’s decision in a cartel case (Toshiba)

21 May 2014 251

On 21 May 2014, the General Court (GC) dismissed an appeal lodged by Toshiba against the European Commission’s decision of 7 October 2009 in the power transformers cartel case. In its 2009 decision, the Commission imposed fines totalling € 67.6 million on a number of European and Japanese (...)

Markus Wellinger The European Commission adoptes a revised General Block Exemption Regulation for state aid

21 May 2014 153

The European Commission has adopted a revised General Block Exemption Regulation (the revised GBER) for state aid which defines the categories of aid and the conditions under which state aid is exempted from prior notification to the European Commission. The revised GBER will replace the (...)

Markus Wellinger The European Commission adopts new rules for research, development and innovation aid

21 May 2014 83

On 21 May 2014, the European Commission announced that it adopted new rules that will facilitate the granting of state aid in support of research, development and innovation (R&D&I) activities. The new R&D&I state aid rules are set out in, on the one hand, the revised General (...)

Markus Wellinger The European Commission adoptes transparency requirements for large amounts of state aid

21 May 2014 85

On 21 May 2014, the European Commission adopted a Communication imposing new transparency requirements for all state aid awards exceeding € 500,000 (the Communication). Member States are required to ensure the publication of all state aid awards above € 500,000 on a website, either at (...)

Richard Burton The EU Court of Justice dismisses the appeal in a price-fixing and market-sharing cartel (1. garantovaná)

15 May 2014 161

On 15 May 2014, the European Court of Justice (ECJ) dismissed an appeal brought by 1. garantovana against a General Court (GC) judgment which upheld a 2009 Commission decision in the calcium and magnesium reagents cartel. In 2009, the Commission adopted a decision imposing fines totalling € (...)

Richard Burton The EU General Court reduces the fine imposed by the Commission to several undertakings participating to a cartel in the chemistry sector (Donau Chemie)

14 May 2014 177

On 14 May 2014, the General Court (GC) handed down a judgment reducing the fine imposed by the Commission on Donau Chemie in the calcium and magnesium reagents cartel. In its decision of 22 July 2009, the Commission had imposed fines totalling € 61 million on nine undertakings for having (...)

Richard Burton The EU General Court dismisses appeal in heat stabilisers cartel (Reagens)

14 May 2014 144

On 14 May 2014, the General Court (GC) issued its judgment dismissing an appeal brought by Reagens against a Commission decision of 11 November 2009 fining 24 companies over € 173 million for operating a cartel on the market for heat stabilisers (see VBB on Competition Law, Volume 2009, No. (...)

Porter Elliott The EU Commission approves a joint venture in the PVC production sector based on a divestiture (INEOS / Solvay / JV)

8 May 2014 261

On 8 May 2014, the European Commission conditionally cleared the joint venture combining the European chlorvinyls businesses of INEOS of Switzerland and Solvay of Belgium. During an in-depth review of the deal, the Commission expressed concerns regarding two markets: the North West European (...)

Richard Burton The EU Court of Justice dismisses appeal against a re-adopted Commission decision (Bolloré)

8 May 2014 242

On 8 May 2014, the European Court of Justice (ECJ) dismissed an appeal by French industrial conglomerate, Bolloré, which sought to overturn a European Commission decision imposing a fine for its participation in a cartel on the market for carbonless paper, which was re-adopted in June 2010 (...)

Jean-François Bellis The European Commission fines eleven producers for operating a cartel on the high-voltage power cable market (ABB / Nexans)

2 April 2014 373

On 2 April 2014, the European Commission announced that it had imposed fines totalling € 301,639,000 on eleven European, Japanese and Korean producers of underground and submarine high-voltage power cables for operating a European and worldwide market- allocation, bid-rigging and price-fixing (...)

Jean-François Bellis The EU Court of Justice dismisses appeals brought against the GIS cartel case (Siemens / Mitsubishi Electric / Toshiba)

19 December 2013 271

ECJ dismisses appeals by Siemens, Toshiba and Mitsubishi in gas insulated switchgear cartel case* On 19 December 2013, the European Court of Justice (“ECJ”) handed down a judgment dismissing appeals by Siemens AG, Toshiba Corp. and Mitsubishi Electric Corp. against earlier judgments of the (...)

Tim Kasten The EU Commission tests commitments proposed by German railway incumbent concerning pricing system for traction current in Germany (Deutsche Bahn)

15 August 2013 170

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

Porter Elliott The EU Commission conditionally clears a merger between two US commercial airlines while the US DOJ sues to block the transaction (US Airways / American Airlines)

5 August 2013 307

On 5 August 2013, the European Commission conditionally approved the proposed merger between US Airways Group and AMR Corporation, the parent company of American Airlines. Both US Airways and American Airlines are major US commercial airlines. The Commission examined the competitive (...)

Annick Schaeken, Markus Wellinger The EU Commission approves a new set of guidelines on regional aid for the period between 2014 and 2020

23 July 2013 111

The European Commission has approved a new set of guidelines on regional aid for the period between 2014 and 2020 (the “Regional Aid Guidelines”). Regional aid covers operating and investment aid granted by public authorities to enterprises in Europe’s most disadvantaged regions and (...)

Tim Kasten The EU Commission issues a statement of objections for alleged abuse of dominant position on the Austrian waste management markets (Altstoff Recycling Austria)

18 July 2013 180

On 18 July 2013, the Commission issued a press release announcing that it has issued a Statement of Objections against Altstoff Recycling Austria AG ("ARA") alleging that ARA may have abused its dominant position on the markets for the management of packaging waste (mainly packaging made (...)

Richard Burton The EU Court of Justice dismisses an appeal in a rubber chemicals cartel case (Dow Chemical)

18 July 2013 228

On 18 July 2013, the Court of Justice of the European Union (“ECJ”) dismissed in its entirety an appeal brought by Dow Chemical against a judgment of the General Court (“GC”) which upheld the Commission’s decision in the synthetic rubber cartel. In 2006, The Dow Chemical Company, Dow (...)

Annick Schaeken, Markus Wellinger The European Commission opens public consultation on reform of state aid de minimis regulation

17 July 2013 170

The European Commission has opened a public consultation on reform of the de minimis Regulation. According to this Regulation, aid measures below a certain threshold do not constitute state aid in the meaning of EU state aid rules because they have no impact on competition and trade in (...)

Richard Burton The EU Court of Justice dismisses removal companies’ appeals against cartel fines (Portielje / Gosselin)

11 July 2013 172

In a series of judgments handed down on 11 July 2013, the Court of Justice of the European Union (“ECJ”) dismissed appeals brought by five Belgian removal companies against judgments of the General Court (“GC”) which largely upheld the European Commission’s 2008 decision fining the (...)

Richard Burton The EU Commission fines € 141.8 M four producers of wire harnesses for rigging a series of tenders in breach of Article 101 TFEU (Automotive component suppliers’ cartel)

10 July 2013 426

On 10 July 2013, the European Commission announced that it had adopted a decision fining four producers of wire harnesses a total of € 141.8 million for rigging a series of tenders in breach of Article 101 TFEU. In its decision, the Commission found that five companies – Sumitomo, (...)

Richard Burton The EU Court of Justice rejects Commission’s appeal against General Court judgment in copper fittings cartel case (Aalberts)

4 July 2013 159

In the final of a series of appeals in the copper fittings cartel case, the Court of Justice of the European Union (“ECJ”), on 4 July 2013, dismissed an appeal by the Commission against a General Court (“GC”) judgment that upheld an appeal by Aalberts against the European Commission’s (...)

Annick Schaeken, Markus Wellinger The EU Commission opens public consultation on new State aid rules in the aviation industry

3 July 2013 113

The European Commission has opened a consultation into the EU state aid rules in the aviation section. Due to a heavily changed market environment over the last decade, the European Commission considers it necessary to review the rules on public financing of airports and start-up aid to (...)

Annick Schaeken, Markus Wellinger The EU Court of Justice Advocate General Mengozzi clarifies the role of national courts in case of simultaneous State aid investigation by the Commission (Lufthansa / Flughafen Frankfurt)

27 June 2013 241

On 27 June 2013, Advocate General Mengozzi rendered an opinion clarifying the role of national courts in case of simultaneous state aid investigation by the European Commission (the “Commission”). The case stems from a dispute between Lufthansa and the Frankfurt airport regarding the (...)

Dina Ansari Shad, Johan Van Acker The EU Commission imposes fines totaling up to €145 million on a Danish pharmaceutical group over pay-for-delay agreements (Lundbeck)

19 June 2013 1069

On 19 June 2013, the European Commission announced that it had imposed a fine of € 93.8 million on Danish pharmaceutical group Lundbeck and fines totalling € 52.2 million on several generic medicines producers over their conclusion of so-called “pay-for-delay” agreements intended to hinder the (...)

Richard Burton The EU General Court dismisses appeals in aluminium fluoride cartel case (Fluorsid / Minmet / ICF)

18 June 2013 353

On 18 June 2013, the General Court (“GC”) dismissed appeals by three companies implicated in the aluminium fluoride cartel against a European Commission decision of June 2008 imposing fines on them for infringing Article 101(1) TFEU. In its decision, the Commission found that, in July (...)

Johan Van Acker, Porter Elliott The EU Commission clears the acquisition of a ruggedized mobile computer supplier by a technology manufacturing conglomerate (Honeywell / Intermec)

13 June 2013 254

On 14 June 2013, the European Commission unconditionally approved the acquisition of ruggedized mobile computer supplier Intermec by technology manufacturing conglomerate Honeywell. The Commission’s focus was on the parties’ production of ruggedized mobile computers, barcode (...)

Richard Burton The EU Court of Justice upholds the General Court’s ruling in a synthetic rubber cartel case (Versalis)

13 June 2013 205

On 13 June 2013, the European Court of Justice (“ECJ”) handed down a ruling upholding the General Court’s (“GC”) judgment of 13 July 2011 that reduced from € 272.25 million to € 181.5 million the fine imposed on Versalis, a subsidiary of Italian oil company Eni, for its participation in (...)

Tim Kasten The EU Commission sends a statement of objections to an operator for allegedly discriminating against foreign companies in the Romanian market for power exchanges (OPCOM / CNTEE Transelectrica)

30 May 2013 216

On 30 May 2013, the European Commission announced that it had issued a Statement of Objections against OPCOM S.A. and its parent company CNTEE Transelectrica S.A. regarding OPCOM’s business practice of requiring OPCOM’s electricity spot market participants to hold a Romanian VAT (...)

Richard Burton The EU Court of Justice dismisses an appeal against the General Court judgment in an acrylic glass cartel case (Quinn Barlo)

30 May 2013 152

On 30 May 2013, the European Court of Justice (“ECJ”) handed down its judgment dismissing an appeal brought by three companies within the Quinn Group (Quinn Plastics GmbH, Quinn Plastics NV and Quinn Barlo) against an earlier General Court (“GC”) judgment which had reduced the fine (...)

Richard Burton The EU Advocate General Sharpston issues opinions in three appeals against General Court’s judgments in an industrial bags cartel (Groupe Gascogne / Kendrion)

30 May 2013 155

On 30 May 2013, Advocate General Sharpston issued her opinions in the appeals lodged by Groupe Gascogne SA, Gascogne Sack Deutschland GmbH (formerly Sachsa Verpackung) and Kendrion NV against judgments of the General Court (“GC”) concerning appeals against the European Commission’s (...)

Richard Burton The EU Commission ends its review of an airline alliance on transatlantic routes (Air Canada / United / Lufthansa)

23 May 2013 179

On 23 May 2013, the European Commission announced that it had accepted commitments offered by Star Alliance members Air Canada, United and Lufthansa in the context of the Commission’s examination of their cooperation on the transatlantic air passenger transport market. The Commission had (...)

Richard Burton The EU Court of Justice dismisses an appeal brought by an Italian oil company in a synthetic rubber cartel case (ENI)

8 May 2013 166

On 8 May 2013, the Court of Justice of the European Union (ECJ) dismissed an appeal lodged by ENI against a judgment of the General Court (GC) which largely upheld the fines imposed by the European Commission for ENI’s participation in the synthetic rubber cartel. In November 2006, (...)

Jerome Dickinson, Peter L’Ecluse The EU Commission sends a statement of objections to a telecom operator over standard-essential patents (Motorola Mobility)

6 May 2013 269

On 6 May 2013, the European Commission announced that it had formally sent Motorola Mobility a Statement of Objections (SO) over the company’s alleged misuse of mobile phone standard essential patents (SEPs). The Commission believes that Motorola Mobility abused its dominant position in (...)

Tim Kasten The EU Commission begins market testing of commitments offered by the leading web search operator to address competition concerns (Google Shopping)

25 April 2013 263

On 25 April 2013, the Commission issued a press release announcing that it had begun market testing commitments offered by Google in relation to online search and search advertising. In its press release, the Commission stated that it continues to have concerns that Google may be abusing (...)

Richard Burton The EU Commission launches a market test of the commitments offered by an e-book publisher to reach a settlement in the EU investigation into e-book pricing (Penguin)

19 April 2013 203

On 19 April 2013, the European Commission launched a market test of the commitments offered by Penguin, aimed at reaching a settlement in the EU investigation into e-book pricing. In order to alleviate the Commission’s fears for collusion and higher prices in the e-book publishing (...)

Peter L’Ecluse The EU General Court partially annuls a Commission decision on anti-competitive conduct among copyright collecting societies (CISAC)

12 April 2013 463

On 12 April 2013, the EU General Court (GC) handed down its judgments in the appeals brought by the International Confederation of Societies of Authors and Composers (CISAC) and 21 of its member collecting society associations against an earlier decision of the European Commission (...)

Richard Burton The EU Court of Justice upholds an appeal against a judgment of the General Court that ruled that it was not required to adjudicate on a subsidiary’s appeal when its parents had paid the fine (Mindo)

11 April 2013 90

On 11 April 2013, the Court of Justice of the European Union (ECJ) upheld an appeal by Mindo Srl against a judgment of the General Court that ruled that it was not required to adjudicate on Mindo’s appeal against the European Commission’s 2005 decision on the Italian raw tobacco cartel. (...)

Tim Kasten The EU Commission accepts commitments offered by the Czech electricity incumbent to resolve competition concerns (CEZ)

10 April 2013 263

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

Johan Van Acker, Porter Elliott The EU Commission proposes simplification of merger control filings

27 March 2013 158

On 27 March 2013, the European Commission opened a consultation on proposed revisions to its Notice on Simplified Procedure and Merger Implementing Regulation. The proposed amendments are intended to increase the number of transactions that can benefit from the so-called “simplified (...)

Markus Wellinger The EU Court of Justice holds that the Commission did not correctly apply the hypothetical private creditor test when holding that Poland had granted aid to steel producer (Technologie Buczek)

21 March 2013 137

In a judgment delivered on 21 March 2013, the ECJ has followed the GC that the European Commission did not correctly apply the hypothetical private creditor test when holding that Poland had granted aid to the Technologie Buczek Group (“TB”). The ECJ confirmed that a comparative analysis (...)

Richard Burton The EU General Court upholds cartelist fine in a banana cartel case but reduces fine for another cartelist (Dole / Weichert)

14 March 2013 145

On 14 March 2013, the General Court dismissed an appeal brought by Dole against a Commission decision fining Dole € 45.6 million for its participation in an alleged concerted practice consisting in the coordination of quotation prices for bananas supplied in Northern Europe. In a (...)

Andrzej Kmiecik The EU Court of Justice hands down preliminary ruling on circumstances in which agreements concerning the price of automotive repairs concluded between insurance companies and repair shops may have an anti-competitive object (Allianz / Generali)

14 March 2013 462

On 14 March 2013, the Court of Justice of the European Union (“ECJ”) handed down a judgment on a reference for a preliminary ruling from the Hungarian Supreme Court on the application of Article 101 TFEU to certain agreements between insurance companies and car repair shops. Once a (...)

Porter Elliott The EU Court of Justice rejects an electricity supplier’s request to suspend the deadline to decide whether to sell off power plant project (EDF)

7 March 2013 382

On 7 March 2013, the European Court of Justice (“ECJ”) rejected the application for interim measures by Électricité de France (“EDF”), which had sought to postpone its obligation to decide whether to sell or invest in a particular power plant project, as required by previous merger (...)

Tim Kasten The EU Commission opens formal proceedings against the Lithuanian railway incumbent for removing railway track (Lietuvos geležinkeliai)

6 March 2013 228

On 6 March 2013, the European Commission announced that it had opened formal antitrust proceedings against the Lithuanian railway incumbent AB Lietuvos geležinkeliai to investigate whether it restricted competition on the freight rail markets in Lithuania and Latvia by removing a railway (...)

Richard Burton The EU Court of Justice rules on compulsory training obligations by professional bodies (Order of Chartered Accounts)

28 February 2013 148

On 28 February 2013, the Court of Justice of the European Union (“ECJ”) handed down a judgment on a reference for a preliminary ruling from the Portuguese Court of Appeal on the application of Article 101 TFEU to professional associations. The ECJ found that a professional association is (...)

Porter Elliott The EU Commission prohibits a low-cost airline’s third attempt to acquire its competitor (Ryanair / Aer Lingus)

27 February 2013 346

On 27 February 2013, the European Commission prohibited Irish low-cost airline Ryanair’s proposed acquisition of former Irish flag carrier Aer Lingus. Extensive remedy proposals proved insufficient to sway the Commission, which considered the two firms to be each other’s closest – and on (...)

Richard Burton The EU Commission decides not to prolong maritime transport antitrust guidelines

19 February 2013 194

On 19 February 2013, the European Commission announced that it has decided not to prolong its guidelines on the application of Article 101 TFEU to maritime transport services (the “Maritime Guidelines”) when they expire on 26 September 2013. The Guidelines, adopted on 1 July 2008, (...)

Porter Elliott The EU Commission unconditionally clears the acquisition by Japanese imaging equipment company of Belgian software provider (Canon / I.R.I.S.)

18 February 2013 211

On 18 February 2013, the European Commission unconditionally cleared the acquisition by Japanese imaging equipment company Canon of Belgian software provider I.R.I.S.. The transaction did not meet the EU notification thresholds, but was referred to the European Commission by the (...)

Andrzej Kmiecik The EU Court of Justice hands down preliminary ruling on post-term non-compete obligation in franchise agreement (La Retoucherie)

7 February 2013 446

On 7 February 2013, the Court of Justice of the European Union (“ECJ”) handed down its ruling in response to a preliminary reference from a Spanish court that had questioned the meaning of the phrase “premises and land from which the buyer has operated during the contract period” in (...)

Peter L’Ecluse The EU Commission sends statements of objections to two pharmaceutical companies over a possible delayed entry of a generic pain-killer (Johnson & Johnson / Novartis)

31 January 2013 253

On 31 January 2013, the European Commission announced that it had sent a Statement of Objections (“SO”) to pharmaceutical companies Johnson & Johnson (“J&J”) and Novartis over suspicions that an agreement between their Dutch subsidiaries in relation to Fentanyl (a strong pain (...)

Porter Elliott The EU Commission prohibits a merger due to a lack of verifiable arguments on efficiencies (UPS / TNT Express)

30 January 2013 434

On 7 May 2014, the European Commission published a summary version of its 30 January 2013 decision prohibiting the acquisition of package delivery service TNT Express by rival United Parcel Service (UPS) (see VBB on Competition Law, Volume 2013, No. 1). The Commission had prohibited the deal (...)

Richard Burton The EU Commission fines telecom provider €79 million for illegal non-compete clause (Telefónica / Portugal Telecom)

23 January 2013 414

On 23 January 2013, the European Commission imposed fines of € 66,894,000 on Spanish telecommunications provider Telefónica and € 12,290,000 on Portuguese telecommunications provider Portugal Telecom on account of an agreement between them not to compete with one another in the Iberian (...)

Richard Burton The EU Court of Justice upholds the General Court’s ruling finding that a reduction in the subsidiary’s fine also applies to the parent company where appeals have a common object (Pegler / Tomkins)

22 January 2013 143

On 22 January 2013, the Court of Justice of the EU (“ECJ”) ruled that, when the EU courts reduce a fine imposed by the Commission on a subsidiary for an infringement of the EU competition rules, they may also apply the same reduction to the fine imposed jointly and severally on the (...)

Peter L’Ecluse The EU Commission sends a statement of objection to a mobile operator over alleged misuse of mobile phone standard essential patents (Samsung)

21 December 2012 281

On 21 December 2012, the European Commission announced that it had sent Samsung a Statement of Objections (“SO”) over its alleged misuse of mobile phone standard essential patents. In January 2012, the Commission had opened a formal investigation against Samsung Electronics following (...)

Tim Kasten The EU Commission adopts decision rendering aluminum manufacturer’s commitments legally binding (Rio Tinto Alcan)

20 December 2012 150

On 20 December 2012, the Commission announced that it had adopted a decision to render legally binding the commitments offered by Rio Tinto Alcan to address concerns raised by the Commission about competition on markets for aluminium smelting equipment. As the Commission noted, it had (...)

Tim Kasten The EU Commission adopts decision rendering international news media agency’s commitments legally binding (Thomson Reuters)

20 December 2012 204

On 20 December 2012, the Commission announced that it had adopted a decision that renders legally binding the commitments offered by Thomson Reuters to create a new licence ("ERL") allowing customers, for a monthly fee, to use Reuters Instrument Codes (“RICs”) for data sourced from (...)

Richard Burton The EU Court of Justice confirms fines imposed on a Dutch beer cartel case (Heineken / Bavaria)

19 December 2012 155

On 19 December 2012, the European Court of Justice (“ECJ”) handed down judgments dismissing all the pleas put forward by Heineken and Bavaria against the European Commission’s decision fining those companies for their participation in a cartel on the Dutch beer market from February 1996 (...)

Richard Burton The EU General Court dismisses four appeals in calcium carbide and magnesium reagents cartel case (Novácke chemické závody / Ecka Granulate / Almamet / 1.garagtovaná)

12 December 2012 186

On 12 December 2012, the General Court (“GC”) dismissed appeals by four undertakings against a Commission decision fining them for their involvement in a cartel affecting the supply of calcium carbide and magnesium reagents. The Commission’s July 2009 decision imposed fines of € 61 (...)

Richard Burton The EU General Court issues a judgment on tariff arrangements within a payment card cartel (Groupement des Cartes Bancaires)

29 November 2012 216

On 29 November 2012, the General Court (“GC”) handed down its judgment on the appeal by Groupement des Cartes Bancaires (“GCB”) against a Commission decision finding that GCB restricted competition with certain fees and tariffs which hindered the issuance of payment cards in France at (...)

Porter Elliott The EU Commission conditionally clears a merger in the mining market (Glencore / Xstrata)

22 November 2012 223

On 22 November 2012, the European Commission conditionally approved the acquisition of Xstrata by rival mining group Glencore. The Commission was concerned that the transaction, as initially notified, could significantly strengthen Glencore’s already strong position as the largest (...)

Porter Elliott The EU Court of Justice dismisses appeals against General Court judgments regarding a merger within the publishing industry (Lagardère / VUP)

6 November 2012 226

On 6 November 2012, the European Court of Justice dismissed two appeals by Editions Odile Jacob against judgments of the General Court in the Lagardère/VUP case. The acquisition by Lagardère of part of rival publishing company Vivendi Universal Publishing was approved by the (...)

Tim Kasten The EU Commission sends SOs to software company regarding failure to comply with commitments relating to web browsers and identifies additional issues relating to the release of the new software (Microsoft)

24 October 2012 176

On 24 October 2012, the European Commission announced that it sent a Statement of Objections (“SO”) to Microsoft informing the company of the Commission’s preliminary view that Microsoft failed to comply with its commitments designed to enable users to more easily choose their preferred (...)

Richard Burton The EU General Court reduces fines in a Dutch bitumen cartel appeal (Shell / Ballast Nedam Infra)

27 September 2012 283

On 27 September 2012, the General Court (“GC”) handed down sixteen judgments in the Dutch bitumen cartel case. The Court dismissed the appeals of fourteen undertakings in their entirety, while it partially annulled the Commission’s 2006 decision in relation to two of the cartel (...)

Richard Burton The EU General Court dismisses an appeal in the flat glass cartel case (Guardian)

27 September 2012 126

On 27 September 2012, the EU General Court (“GC”) issued its judgment on the appeal brought by Guardian Industries Corp and Guardian Europe Sarl (“Guardian”) against a Commission decision fining them a total of € 148 million for their participation in a cartel in the flat glass sector (...)

Porter Elliott The EU Commission conditionally clears an acquisition in the recorded music business (Universal Music Group / EMI Music)

21 September 2012 284

On 21 September 2012, the European Commission conditionally cleared the proposed acquisition by Universal Music Group of EMI’s recorded music business, following a phase II investigation. The Commission’s phase II investigation focused on the effects of the deal on the wholesale (...)

Markus Wellinger The EU General Court confirms illegal implicit state guarantee granted to French postal incumbent (La Poste)

20 September 2012 215

On 20 September 2012, the General Court dismissed an action for annulment brought by France concerning an unlimited implicit guarantee granted to La Poste. La Poste enjoyed a peculiar legal status in France, as it was deemed equivalent to an establishment of an industrial and (...)

Richard Burton The EU Court of Justice dismisses an appeal concerning a bleaching chemicals cartel (Total & Elf Aquitaine)

13 September 2012 104

In October 2012, the European Court of Justice (“ECJ”) published an order of 13 September 2012 dismissing an appeal by Total SA and Elf Aquitaine SA against an earlier EU General Court (“GC”) ruling in the bleaching chemicals cartel. In 2006, the Commission had found that nine (...)

Tim Kasten The EU General Court dismisses appeal against Commission rejection of abuse complaint in the Irish whiskey market (Protégé / Pernod Ricard)

13 September 2012 204

On 13 September 2012, the General Court dismissed the appeal lodged by Protégé International Ltd against a European Commission decision to reject a complaint alleging breach of Article 102 TFEU by Pernod Ricard. In its complaint to the Commission, Protégé had alleged that Pernod (...)

Tim Kasten The EU Commission opens proceedings against a Russian producer and supplier of natural gas concerning alleged abuse of dominance (Gazprom)

4 September 2012 201

On 4 September 2012, the European Commission announced that it has opened formal proceedings against Gazprom, the Russian producer and supplier of natural gas, to investigate whether Gazprom has abused its dominant market position in upstream gas supply markets in Central and Eastern (...)

Tim Kasten The EU Commission publishes commitments offered by Canadian aluminum manufacturer to resolve tying allegations (Alcan)

10 August 2012 172

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 (...)

Porter Elliott The EU Commission conditionally approves the acquisition of an aviation equipment company (Goodrich / United Technologies)

26 July 2012 204

On 26 July 2012, following a Phase II investigation, the European Commission granted conditional approval to the acquisition of Goodrich Corporation by United Technologies Corporation (UTC), both US-based companies active in the production and sale of aviation equipment on a worldwide (...)

Peter L’Ecluse The EU Commission sends a statement of objections to pharmaceutical companies over pay-for-delay agreements (Lundbeck)

25 July 2012 228

On 25 July 2012, the European Commission announced that it had sent a formal Statement of Objections (“SO”) to Danish pharmaceutical company Lundbeck over its conclusion of so-called “pay-for-delay” agreements with four generic producers of citalopram, a antidepressant medicine. In (...)

Richard Burton The EU Court of Justice dismisses appeals against General Court judgment in Spanish raw tobacco cartel case (Alliance One International and Cetarsa)

19 July 2012 165

On 12 and 19 July 2012, the European Court of Justice (“ECJ”) handed down its judgments dismissing in their entirety appeals brought by Compañía Española de Tabaco en Rama (“Cetarsa”), Alliance One International Inc. (“AOI”), and Standard Commercial Tobacco Co. Inc. (“SCTC”) against the (...)

Richard Burton The EU Court of Justice dismisses an appeal in a copper fittings cartel case (Kaimer)

19 July 2012 180

On 19 July 2012, the European Court of Justice (“ECJ”) dismissed an appeal by Kaimer GmbH & Co. Holding KG (“Kaimer”), Sanha Kaimer GmbH & Co. KG (“Sanha Kaimer”) and Sanha Italia Srl (“Sanha Italia”) against an earlier General Court (“GC”) judgment which had partially reduced (...)

Tim Kasten The EU Commission opens proceedings against US software company to investigate possible non-compliance with browser choice commitments (Microsoft)

17 July 2012 171

On 17 July 2012, the Commission announced that it had opened proceedings against Microsoft in order to investigate whether the company has failed to comply with its 2009 commitments to offer users a choice screen that provides another means of allowing users to choose their preferred web (...)

Tim Kasten The EU Commission announces new market testing of proposal by international news media agency regarding its licensing practices (Thomson Reuters)

12 July 2012 112

On 12 July 2012, the Commission announced that it was consulting interested third parties on a new proposal from Thomson Reuters to address concerns that its licensing practices in relation to Reuters Instrument Codes (RICs) may be in breach of Article 102 TFEU. The proposal is (...)

Peter L’Ecluse The EU Court of Justice further defines the status of public authorities under EU competition law in commercial registry database case (Compass)

12 July 2012 158

In a preliminary ruling delivered on 12 July 2012, the Court of Justice of the EU ("ECJ") provided important guidance on the status, under EU competition law, of public authorities that maintain a commercial registry database of companies and that make data contained therein publicly (...)

Tim Kasten The EU Commission publishes commitments from a Czech energy company to resolve alleged infringements on the market for the generation and wholesale supply of electricity (CEZ)

10 July 2012 192

On 10 July 2012, the Commission published in the Official Journal proposed commitments by Czech energy company CEZ to resolve alleged abuses of a dominant position under Article 9 of Regulation 1/2003. The move follows from dawn raids in November 2009 and the official opening of an (...)

Markus Wellinger The EU General Court annuls Commission decision for interpreting thresholds in guidelines on national regional aid as a de minimis rule (Smurfit Kappa)

10 July 2012 153

In a judgment of 10 July 2012, the General Court disagreed with the European Commission which had held that the formal investigation procedure provided for in Article 108 (2) TFEU should not be initiated when the thresholds relating to market shares and to the increase in production (...)

Tim Kasten The EU Commission initiates proceedings against a gas supplier and its subsidiaries for alleged abuse of dominance in the Bulgarian natural gas markets (Bulgarian Energy Holding)

5 July 2012 228

In a press release of 5 July 2012, the Commission announced that it opened proceedings against Bulgarian Energy Holding (“BEH”), its gas supply subsidiary Bulgargaz, and its gas infrastructure subsidiary Bulgartransgaz. The Commission stated that it has concerns that BEH and its (...)

Richard Burton The EU General Court reduces fine imposed on each undertaking in a case involving market sharing in the energy sector (GDF Suez / E.ON)

29 June 2012 339

On 29 June 2012, the EU’s General Court (“GC”) handed down its judgments on appeals brought by E.ON and GDF Suez against a Commission decision fining them for their involvement in a market-sharing agreement. In its judgments, the GC confirmed the previous Commission decision, but reduced (...)

Porter Elliott The EU Court of Justice restricts access to Commission file in merger cases (Éditions Odile Jacob / Lagardère / Natexis VUP and Agrofert / PKN Orlen / Unipetrol)

28 June 2012 229

On 28 June 2012, the European Court of Justice handed down two judgments on appeals by the European Commission in cases concerning the disclosure to third parties of documents relating to proceedings under the EU Merger Regulation. The first case concerns the Commission’s refusal to (...)

Richard Burton The EU Commission fines producers of water management products €13.7 million in a cartel settlement case (Flamco / Reflex / Pneumatex)

27 June 2012 352

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 (...)

Richard Burton The EU General Court dismisses appeals in a fasteners cartel (Berning & Söhne / Coats)

27 June 2012 184

On 27 June 2012, the General Court (“GC”) handed down its judgments on appeals brought by Berning & Söhne, Coats Holdings (“Coats”), and YKK against a Commission decision fining them for operating a series of cartels in the markets for zip and other fasteners and their attaching (...)

Richard Burton The EU General Court dismisses an appeal against the Commission’s re-adoption of carbonless paper cartel decision (Bolloré)

27 June 2012 230

On 27 June 2012, the General Court (“GC”) handed down its judgment on the appeal brought by French investment and industrial group Bolloré against the European Commission’s re-adoption of its decision in the carbonless paper cartel. The GC upheld the fine of € 21.26 million and ruled (...)

Richard Burton The EU Commission re-imposes €131.6 million fine on Japanese companies over gas insulated switchgear cartel following General Court’s partial annulment (Mitsubishi / Toshiba)

27 June 2012 210

On 27 June 2012, the European Commission announced that it had re-imposed a € 131.61 million fine on Toshiba and Mitsubishi Electric, after last year’s General Court (“GC”) judgment partially annulling the original decision concerning these companies’ involvement in the gas insulated (...)

Richard Burton The EU Commission makes legally binding commitments concerning non-compete and confidentiality obligations offered by companies active in nuclear markets (Siemens / Areva)

18 June 2012 350

The European Commission announced, on 18 June 2012, that it had adopted a decision to make legally binding commitments offered by Siemens AG (“Siemens”) and Areva SA (“Areva”) to reduce the scope and duration of certain non-compete and confidentiality obligations imposed on Siemens (...)

Richard Burton The EU General Court upholds a fine against a member of a cartel in an acrylic glass cartel appeal (Imperial Chemical Industries)

5 June 2012 259

On 5 June 2012, the General Court dismissed an appeal brought by Imperial Chemical Industries (“ICI”) against a Commission decision fining ICI € 91 million in connection with the acrylic glass (PMMA) cartel. In the May 2006 decision under appeal, the Commission found that, between 1997 (...)

Markus Wellinger The EU Commission issues guidelines on State aid for emission trading

22 May 2012 171

On 22 May 2012, the European Commission published its long-awaited Communication setting out guidelines on certain state aid measures in the context of the greenhouse gas emission allowance trading scheme (“ETS”) post-2012. The Communication allows national support to companies in a (...)

Tim Kasten The EU Commission invites leading web search engine to submit remedies to address alleged abuse of dominance concerns (Google)

21 May 2012 309

On 21 May 2012, the Commission issued a press statement inviting Google to submit remedies to address four concerns it identified pursuant to the antitrust investigation it launched in November 2010 into a potential abuse by Google of its dominant market position. The Commission noted (...)

Porter Elliott The EU Commission conditionally approves sugar deal after in-depth investigation (Südzucker / ED&F MAN)

16 May 2012 202

On 16 May 2012, following a Phase II investigation, the European Commission approved the acquisition of control by German company Südzucker, Europe’s largest sugar producer, over UK company ED&F MAN, the world’s second largest sugar trader and also a producer of sugar. The deal had (...)

Tim Kasten, Cédric Nys The EU Commission sends statement of objections to telecom operators regarding their behaviour on several wholesale broadband markets in Slovakia (Slovak Telekom) (Deutsche Telekom)

8 May 2012 229

On 8 May 2012, the European Commission announced that it had issued a statement of objections to Slovak Telekom a.s. and its parent company, Deutsche Telekom AG, regarding their behaviour on several wholesale broadband markets in Slovakia. According to the Commission’s press release, the (...)

Andrzej Kmiecik The EU Commission sends information requests to Spanish wholesalers active in the pharmaceutical sector

8 May 2012 326

On 8 May 2012, it was revealed that the European Commission has sent information requests to Spanish wholesalers active within the pharmaceutical sector. The requests are said to concern various contracts concluded between these wholesalers and large pharmaceutical companies. The (...)

Richard Burton The EU Court of Justice dismisses an appeal in a Spanish raw tobacco cartel (WWTE)

3 May 2012 101

In October 2012, the European Court of Justice (“ECJ”) published an order of 3 May 2012, dismissing an appeal by World Wide Tobacco España (“WWTE”) against an earlier EU General Court (“GC”) ruling in the Spanish raw tobacco cartel case. In October 2004, the European Commission had (...)

Richard Burton The EU Court of Justice upholds fines in copper fittings cartel (Legris / Comap)

3 May 2012 159

On 3 May 2012, the Court of Justice of the European Union (“ECJ”) issued its judgment on the appeals lodged by Legris Industries and its subsidiary, Comap, against the General Court’s March 2011 judgments in the copper fittings cartel case, ruling that both appeals should be dismissed in (...)

Richard Burton The EU Commission imposes € 169 M on 14 international groups of freight forwarders for operating four price fixing cartels (Freight forwarders cartel)

28 March 2012 198

On 28 March 2012, the European Commission announced that it had fined 14 international groups of companies a total of € 169 million for participating in four distinct cartels. According to the press release published by the Commission, the aim of the participants in the cartel was to fix (...)

Richard Burton The EU Commission fines nine producers of window mountings € 86 M for price fixing cartel (Roto / Gretsch-Unitas)

28 March 2012 126

On 28 March 2012, the European Commission announced that it had fined nine European producers of mountings for windows a total of approximately € 86 million for operating a price- fixing cartel. The companies involved are Roto, Gretsch-Unitas, Siegenia, Winkhaus, Hautau, Fuhr, Strenger, (...)

Richard Burton The EU Commission reduces a fine after the General Court’s ruling in a sodium cartel case (Uralita)

28 March 2012 151

On 28 March 2012, the European Commission announced that it has readopted an amended version of its sodium chlorate cartel decision following a General Court ruling last year in favour of Aragonesas and Uralita. In its decision of 11 June 2008, the Commission had initially imposed a (...)

Richard Burton The EU General Court reduces fines in industrial bag cartel (FLS Past / FLSmidth & UPM-Kymmene)

6 March 2012 153

On 6 March 2012, the EU General Court handed down three judgments relating to the appeals filed by FLS Past, FLSmidth and UPM- Kymmene Oyj against a European Commission decision fining them for their involvement in a cartel affecting the supply of industrial bags. The decision under (...)

Markus Wellinger The EU General Court partly annuls a Commission decision on restructuring aid granted to a bank on account of the financial crisis (ING)

2 March 2012 241

On 2 March 2012, the General Court (“GC”) has partly upheld ING’s appeal against a Commission decision of 2009 regarding various forms of aid granted by the Dutch State to the banking group ING in the context of the latter’s restructuring plan during the financial crisis. The ING (...)

Tim Kasten The EU Commission announces the opening of proceedings in the market for the design of commercial control systems (The MathWorks)

1 March 2012 156

On 1 March 2012, the European Commission announced that it had opened a formal investigation to assess whether The MathWorks abused a dominant position under Article 102 TFEU in the market for the design of commercial control systems by preventing competitors from achieving (...)

Richard Burton The EU Court of Justice upholds parental liability in acrylic glass and sodium chlorate cartel cases (Elf Aquitaine / Arkema / Total)

2 February 2012 146

In two recent orders, the European Court of Justice (“ECJ”) has reaffirmed the principles governing the liability of parent companies for the conduct of their wholly-owned subsidiaries, as established in Akzo Nobel. In the first order issued on 2 February 2012, the ECJ dismissed an (...)

Richard Burton The EU Commission terminates investigation into ship owners’ scheme (European Minibulk, Container Feeder)

31 January 2012 182

On 31 January 2012, the Commission announced that it had closed an antitrust investigation of European Minibulk eG and Container Feeder eG for alleged anti- competitive practices. The co-operatives, which transport containers between small regional ports in northern Europe, have agreed (...)

Markus Wellinger The EU Commission adopts a new package to assess the public compensation granted to services of general economic interest

11 January 2012 188

The European Commission has adopted a revised package to assess the public compensation granted to services of general economic interest (“SGEI”) under the EU state aid rules: a new Communication clarifies key concepts underlying the application of the State aid rules to public (...)

Porter Elliott The European Commission clears acquisition in the logistics and transportation industry (Wincanton International / Rhenus)

22 December 2011 179

In a decision of 22 December 2011, the European Commission unconditionally cleared the proposed acquisition of the logistics business of Wincanton International by its German rival Rhenus. The Commission examined the effects of the transaction on the markets of contract logistics, (...)

Tim Kasten The EU Commission market tests international multimedia news agency’s commitments on its licensing practices (Thomson Reuters)

14 December 2011 173

On 14 December 2011, the Commission announced that it was inviting comments on commitments offered by Thomson Reuters to address concerns that its licensing practices in relation to the Reuters Instrument Codes (“RICs”) may infringe Article 102 TFEU. RICs are codes that identify (...)

Richard Burton The EU Court of Justice upholds General Court judgment in copper industrial and plumbing tubes cartel cases (KME / Chalkor)

8 December 2011 309

On 8 December 2011, the EU Court of Justice (“ECJ”) dismissed appeals brought by KME Germany, KME France, KME Italy (“KME”) and Chalkor AE Epexergasias Metallon (“Chalkor”) against judgments of the General Court (“GC”) in the copper industrial and plumbing tubes cartel cases. In (...)

Markus Wellinger The EU Court of Justice confirms Commission and General Court’s views on illegality of special tax regime applied to French telecom operator (France Télécom)

8 December 2011 136

In its judgment of 8 December 2011, the Court of Justice of the European Union (“ECJ”) agreed with the Commission and the General Court that France Télécom had benefited illegally from state aid in the form of tax subsidies between 1994 and 2002. The Commission had investigated the tax (...)

Markus Wellinger The EU Court of Justice clarifies that the Dutch Court must cancel an illegal guarantee covering a loan when such measure is the least onerous (Residex)

8 December 2011 153

In a preliminary ruling handed down on 8 December 2011, the ECJ interpreted the state aid obligations imposed on national courts as including the obligation to cancel a guarantee by virtue of which unlawful aid was implemented and order the recovery of the aid, provided that there are no (...)

Richard Burton The EU General Court reduces fine imposed in acrylic glass cartel case (Quinn Group)

30 November 2011 136

In a judgment handed down on 30 November 2011, the General Court (“GC”) reduced the fine imposed by the Commission on certain companies within the Quinn Group (formerly the Barlo Group) for their participation in a cartel on the market for methacrylates/acrylic glass. In a decision (...)

Tim Kasten The EU General Court confirms the EU Commission’s decision to drop its antitrust investigation into manufacturers of ink-jet printers for alleged abuse of dominance (EFIM)

24 November 2011 177

On 24 November 2011, the General Court ("GC") handed down its judgment in EFIM v. Commission. In its ruling, the GC dismissed an action by the European Federation of Ink and Ink Cartridge Manufacturers (“EFIM”) against a previous 2009 European Commission decision to drop its antitrust (...)

Richard Burton The EU General Court annuls and reduces fines in plastic industrial bags cartel case (Stempher / Bonar)

16 November 2011 141

In nine separate judgments handed down on 16 November 2011, the General Court (“GC”) annulled the fine imposed by the Commission on one undertaking – Stempher BV (“Stempher”) – and reduced the fine imposed on another – parent company Low & Bonar and its subsidiary Bonar Technical (...)

Markus Wellinger The EU Court of Justice rules that the General Court has erred in annulling the Commission’s decision qualifying a proposed tax reform as a state aid scheme (Government of Gibraltar)

15 November 2011 125

On 15 November 2011, the European Court of Justice (“ECJ”) ruled that the General Court had erred in annulling the Commission decision qualifying Gibraltar’s proposed tax reform as a state aid scheme. The new corporate tax regime that the Government of Gibraltar intended to adopt was (...)

Markus Wellinger The EU General Court orders the Commission to pay damages to a third party in State aid proceedings, for disclosing its name and detrimental information relating to it (Idromacchine)

8 November 2011 158

The General Court has ordered the European Commission to pay damages to Idromacchine Srl (“Idromacchine”), a third party in state aid proceedings, for disclosing its name and detrimental information relating to it in a Commission decision that was published in the Official Journal. In (...)

Markus Wellinger The EU Court of Justice sides with Germany on Commission’s injunctions requesting information in State aid investigations being inadmissible (Deutsche Post)

13 October 2011 189

In its judgment handed down on 13 October 2011, the Court of Justice overturned the General Court’s ruling that appeals by Germany and Deutsche Post AG (“Deutsche Post”) relating to a Commission injunction requesting information in state aid investigations were inadmissible. At issue (...)

Markus Wellinger The EU General Court rules that the Commission failed its duty to act following a complaint by low cost airline against alleged State aid to Italian airlines (Ryanair)

29 September 2011 164

On 29 September 2011, the General Court handed down its judgment concerning complaints by Ryanair concerning alleged state aid to Italian airlines. The General Court found that the Commission had failed in its duty to act on the complaints. The case stems from letters sent by the low (...)

Richard Burton The EU Commission rejects antitrust complaint concerning ban on rotary valves in motorcar and motorcycle racing engines (BRV / FIA)

4 August 2011 199

In a recently published decision, which was adopted on 4 August 2011, the European Commission has rejected a complaint submitted by BRV Pty Ltd (“BRV”) which alleged that a group of undertakings – in particular, numerous vehicle engine manufacturers – had violated Articles 101 and 102 (...)

Porter Elliott The European Court of Justice annuls a General Court judgment concerning access to documents (Sweden v MyTravel and Commission)

21 July 2011 239

In a judgment of 21 July 2011, the European Court of Justice annulled a judgment of the General Court, which upheld a decision by the European Commission refusing access to certain documents in the Airtours/First Choicecase file. In 1999, Airtours launched a bid to acquire First Choice, a (...)

Sean Gerlich, Tim Kasten The EU Commission initiates proceedings against the Czech electricity incumbent for possible abuse of dominant position (CEZ)

15 July 2011 261

On 15 July 2011, the Commission announced that it had initiated proceedings against Czech electricity incumbent CEZ for possible infringement of Article 102 TFEU. According to the Commission’s statement, its investigation concerns the possibility that CEZ may have abused its dominant position (...)

Sean Gerlich, Tim Kasten The EU Commission initiates proceedings against an Austrian waste management company for possible abuse of dominant position (ARA)

15 July 2011 219

On 15 July 2011, the Commission announced that it had initiated proceedings against Austrian waste management company ARAfor possible infringement of Article 102 TFEU. According to the Commission’s statement, its investigation concerns the possibility that ARA may have abused its dominant (...)

Richard Burton The EU General Court dismisses action brought by several companies in bleaching chemicals cartel (Elf Aquitaine / Total)

14 July 2011 124

On 14 July 2011, the General Court (“GC”) handed down two judgments dismissing appeals brought by Elf Aquitaine, Totaland their subsidiary Arkema France against the European Commission’s bleaching chemicals cartel decision. By its decision of 3 May 2006, the Commission found that nine (...)

Richard Burton The EU General Court dismisses action brought by several companies in bleaching chemicals cartel (Arkema France)

14 July 2011 180

Porter Elliott The EU Commission unconditionally clears an acquisition in the paper manufacturing sector (Myllykoski/Rhein Papier/UPM-Kymmene)

13 July 2011 155

In a phase II decision of 13 July 2011, the European Commission unconditionally cleared the acquisition of Myllykoski and Rhein Papier by rival paper manufacturer UPM-Kymmene. During its phase I review, the Commission found that the merged entity would have a high market share in magazine (...)

Richard Burton The EU General Court partially annuls Commission’s decision in synthetic rubber cartel case for lack of evidence (Unipetrol)

13 July 2011 159

On 13 July 2011, the General Court (“GC”) handed down its judgments on appeals brought against a European Commission decision of 29 November 2006 fining several companies for their participation in a cartel on the synthetic rubber market. The GC annulled the Commission’s decision in relation (...)

Richard Burton The EU General Court partially annuls Commission’s decision in synthetic rubber cartel case for lack of evidence (Trade-Stomil)

13 July 2011 118

Richard Burton The EU General Court partially annuls Commission’s decision in synthetic rubber cartel case for lack of evidence (Eni)

13 July 2011 122

Richard Burton The EU General Court partially annuls Commission’s decision in synthetic rubber cartel case for lack of evidence (Polimeri Europa)

13 July 2011 132

Richard Burton The EU General Court partially annuls Commission’s decision in synthetic rubber cartel case for lack of evidence (Kaučuk Europa)

13 July 2011 132

Richard Burton The EU General Court partially annuls Commission’s decision in synthetic rubber cartel case for lack of evidence (Dow Chemical)

13 July 2011 117

Richard Burton The EU General Court partially annuls Commission’s decision in synthetic rubber cartel case for lack of evidence (Shell Petroleum)

13 July 2011 113

Richard Burton The EU General Court reduces fine on a company and rejects other appeals in lifts and elevators cartel (KONE)

13 July 2011 143

On 13 July 2011, the General Court (“GC”) handed down its judgments in the appeals brought by companies of the Otis, KONE, Schindler and ThyssenKrupp groups against a European Commission decision finding that they had infringed Article 101(1) TFEU by operating a cartel on the market for (...)

Richard Burton The EU General Court reduces fine on one company but rejects other appeals in the lifts and elevators cartel (ThyssenKrupp)

13 July 2011 176

Richard Burton The EU General Court reduces fine on one company but rejects other appeals in the lifts and elevators cartel (Otis)

13 July 2011 174

Richard Burton The EU General Court reduces fine on one company but rejects other appeals in the lifts and elevators cartel (Schindler)

13 July 2011 211

Richard Burton The EU General Court partially annuls fines imposed on Japanese participants in gas-insulated switchgear cartel (Hitachi / Toshiba / Mitsubishi / Fuji)

12 July 2011 209

On 12 July 2011, the General Court (“GC”) handed down its judgments in four appeals brought by addressees of the European Commission’s gas insulated switchgear cartel decision. In its underlying decision, the Commission found that manufacturers of gas switchgear used to insulate electrical (...)

Peter L’Ecluse The EU Commission announces the closure of its antitrust investigation in the pharmaceutical sector (Almirall / Boehringer)

6 July 2011 343

On 6 July 2011, the European Commission announced that it has closed its antitrust investigation into allegations by Spanish pharmaceutical company Almirall that the German pharmaceutical company Boehringer Ingelheim filed for unmeritous patents in the area of new treatments for lung diseases (...)

Andrzej Kmiecik The EU General Court hears an appeal from Spanish service station associations against a Commission’s decision (CEES / AGES)

30 June 2011 201

CEES (Confederación Española de Estaciones de Servicio) and AGES (Asociación de Gestores de Estaciones de Servicio), two associations representing 45 percent of Spanish service stations, are reported to have recently lodged an appeal with the General Court against a Commission decision which (...)

Markus Wellinger The EU Commission opens a public consultation on state aid to film sector

20 June 2011 82

The European Commission has opened a public consultation into state aid funding in the film sector. The consultation constitutes the first step in the review of the 2001 Cinema Communication laying down the current state aid rules on cinematographic and other audiovisual works which will (...)

Porter Elliott The EU Commission announces the withdrawal of a merger notification between the two leading suppliers of household insecticides (SC Johnson / Sara Lee)

8 June 2011 197

On 8 June 2011, the European Commission announced that the notification of the proposed acquisition by SC Johnson & Son Inc of the household insect control business of Sara Lee Corporation had been withdrawn. The proposed transaction had been notified to the Commission on 3 November (...)

Markus Wellinger The EU General Court rejects veto right for Member States for disclosing information supplied in State aid investigations (Gruppo Tirrenia)

24 May 2011 164

In joined cases T-109/05 and T-444/05, the General Court (“GC”) recently ruled that the Commission had unlawfully refused to grant access to confidential data excluded from the public version of a Commission decision on state aid, and this despite the ulterior annulment of this decision. The (...)

Markus Wellinger The EU Court of Justice confirms admissibility of action for annulment brought by rival in a purchasing market (Kronoply / Kronotex)

24 May 2011 128

In a Grand Chamber judgment of 24 May 2011, the Court of Justice (“ECJ”) sided with the General Court (“GC”) and confirmed the admissibility of a challenge brought against a Commission decision not to open a formal investigation into a state aid case. At the origin of the case were a number of (...)

Porter Elliott The EU Commission clears a joint venture in the pharmaceutical sector after examining possible coordination between Chinese State-owned companies (Sinochem / DSM)

19 May 2011 314

In a decision of 19 May 2011, the European Commission unconditionally cleared the creation of a joint venture between Dutch pharmaceutical company DSM and Chinese State-owned conglomerate Sinochem. The joint venture will be active primarily in antibiotics and other anti-infective products. (...)

Richard Burton The EU General Court dismisses appeals in sodium chlorate cartel case (Arkema France)

17 May 2011 140

On 17 May 2011, the General Court (“GC”) handed down two judgments on appeals brought by Elf Aquitaine (“Elf”) and its former subsidiary Arkema against the Commission’s 2008 decision jointly fining the two companies a total of € 59 million for participation in the sodium chlorate cartel. In (...)

Richard Burton The EU General Court dismisses appeals in sodium chlorate cartel case (Elf Aquitaine)

17 May 2011 131

Markus Wellinger The EU General Court annuls Commission decision finding illegal state granted by Poland and its failure to recover public debts from an ailing company (Buczek Automotive)

17 May 2011 230

On 17 May 2011, the General Court (“GC”) ruled against a Commission decision dated 23 October 2007 ordering Poland to recover state aid granted to the Polish steel producer Technologie Buczek(“TB”) from TB‘s subsidiary Buczek Automotive sp. z o.o. (“BA”). Confronted with financial (...)

Sean Gerlich, Tim Kasten The EU Commission publishes commitments offered by a leading financial company (Standard & Poor’s)

16 May 2011 227

On 16 May 2011, the Commission published commitments offered by Standard & Poor’s (“S&P”) to remedy concerns regarding the pricing of international securities identification numbers (“ISINs”). ISINs are a standardized form of identification of securities which are needed in order to (...)

Porter Elliott The EU Commission unconditionally clears "orange juice" joint venture after second phase investigation (Votorantim / Fischer / JV)

4 May 2011 188

On 4 May 2011, following an in-depth second phase investigation, the European Commission unconditionally cleared the creation of a joint venture between Votorantim and Fischer, combining their orange juice businesses. By combining two of the largest orange juice businesses in the world, the (...)

Porter Elliott The EU Commission waives commitments imposed on a merger in the DNA probes sector (Hoffmann-La Roche / Boehringer Mannheim)

3 May 2011 484

In a recently published decision of 3 May 2011, the European Commission waived certain commitments imposed as a condition of its approval of the acquisition of Boehringer Mannheim by Hoffman-La Roche in February 1998. In the 1998 decision, the Commission found that Hoffman-La Roche’s dominant (...)

Porter Elliott The EU Commission consults on best practices for cooperation between Member States Authorities on multi-jurisdictional mergers

28 April 2011 158

On 28 April 2011, the European Commission published for consultation draft Best Practices for cooperation between Member State competition authorities in the review of concentrations that fall outside the scope of the EU Merger Regulation but have to be notified in more than one Member State. (...)

Peter L’Ecluse The EU Commission opens an investigation against two pharmaceutical companies on account of a patent settlement agreement (Cephalon / Teva)

28 April 2011 457

On 28 April 2011, the European Commission opened of its own motion formal competition proceedings against Cephalon, Inc. (“Cephalon”) and Teva Pharmaceutical Industries, Inc. (“Teva”) on account of a patent settlement agreement between the parties. Under the agreement, Teva undertook not to (...)

Richard Burton The EU Court of Justice AG Kokott advises the Court of Justice to quash General Court’s judgment in soda ash cartel case (Solvay / CFK)

14 April 2011 202

On 14 April 2011, Advocate General (“AG”) Juliane Kokott advised the European Court of Justice (“ECJ”) to set aside the 2009 judgment of the General Court (“GC”) partially upholding the Commission’s 2000 decision fining Solvay and CFK for their participation in a cartel affecting the market (...)

Richard Burton The EU General Court confirms fine on a leading payment card company for market foreclosure (Visa Europe / Visa International Service)

14 April 2011 198

On 14 April 2011, the General Court (“GC”) handed down its judgment on Visa‘s appeal against a 2007 Commission decision relating to Visa‘s refusal to admit Morgan Stanley as a member of its payment card network (see VBB on Competition Law, Volume 2007, No. 10). In its judgment, the GC rejects (...)

Porter Elliott The EU General Court refuses to allow third party to intervene in appeal against a merger clearance (Monty Program)

8 April 2011 183

In an order of 8 April 2011, the General Court (“GC”) refused to grant the third party Canonical leave to intervene in the appeal by Monty Program against the European Commission’s decision to approve the acquisition by Oracle of Sun Microsystems. On 21 January 2010, the European Commission (...)

Richard Burton The EU Court of Justice upholds fines imposed in steel beams cartel and alloy surcharge cartel cases (ThyssenKrupp)

29 March 2011 140

On 29 March 2011, the European Court of Justice (“ECJ”) dismissed an appeal brought by ArcelorMittal Luxembourg SA (formerly Arbed SA) against the judgment of the General Court confirming the Commission’s decision to impose a fine totalling € 10 million on it for its participation in a cartel (...)

Richard Burton The EU Court of Justice upholds fines imposed in steel beams cartel and alloy surcharge cartel cases (ArcelorMittal)

29 March 2011 146

Richard Burton The UK Competition Appeal Tribunal reduces “excessive” fines in construction bid rigging case (GF Tomlinson Group)

24 March 2011 231

On 11, 22 and 24 March 2011, the Competition Appeal Tribunal (“CAT”) handed down a series of judgments relating to appeals against the level of fines imposed by the Office of Fair Trading (“OFT”) in a decision of 21 September 2009 in the construction bid-rigging case. In its judgments, the CAT (...)

Markus Wellinger The EU General Court partly annuls the Commission’s State aid decision regarding an express transportation company hub in a German airport (DHL / FLH / MF)

24 March 2011 137

In a judgment of 24 March 2011, the General Court was again called upon to rule on the validity of a decision adopted by the European Commission on 23 July 2008 with regard to an agreement concluded between DHL, FLH (the company operating Leipzig-Halle Airport) and MF (a company holding 94% of (...)

Andrzej Kmiecik The EU General Court rules on exclusivity provisions in the context of packaging waste management scheme (Altstoff Recycling Austria)

22 March 2011 228

On 22 March 2011, the General Court dismissed an appeal lodged in 2003 against a European Commission decision of that year which exempted under Article 101(3) TFEU (ex-Article 81 EC), subject to conditions, a packaging waste management scheme in Austria. This appeal was brought by Altstoff (...)

Richard Burton The EU Commission formalises commitments on multilateral interchange fees (Visa Europe)

12 March 2011 238

On 12 March 2011, the European Commission published a summary decision under Article 9(2) of Regulation 1/2003, accepting the commitments proposed by Visa Europe on its multilateral interchange fees (“MIFs”) for point-of-sale transactions with immediate debit payment cards within the EEA. The (...)

Porter Elliott The EU Commission examines whether acquisitions of minority shareholdings should be subject to EU merger control

10 March 2011 232

In a recent speech, Competition Commissioner Joaquin Almunia said that the European Commission is examining whether acquisitions of minority shareholdings, falling short of an acquisition of control, should be subject to EU merger control. Under the current Merger Regulation, acquisitions of (...)

Richard Burton The EU General Court reduces fine imposed in Spanish raw tobacco cartel appeal (World Wide Tobacco España)

8 March 2011 205

On 8 March 2011, the General Court (“GC”) handed down a judgment reducing the fine imposed by the European Commission on World Wide Tobacco España (“WWTE”) in the Spanish raw tobacco case. WWTE, an indirect subsidiary of the US-based Standard Commercial Corporation, was a Spanish tobacco (...)

Porter Elliott The EU Commission publishes decision refusing derogation from standstill obligation in merger case in the consumer goods industry (SC Johnson / Sara Lee)

11 February 2011 344

On 11 September 2012, the European Commission published a decision refusing a request by SC Johnson for a partial derogation from the standstill obligation under the EU Merger Regulation in order to close its acquisition of Sara Lee’s household insecticide business outside of the EEA. (...)

Markus Wellinger The EU General Court upholds the Commission’s view that a State aid measure, notified by Italy and implemented by allocating an amount of €10 million in addition to the notified amount, was incompatible with the common market (Italy / Commission)

3 February 2011 109

In two judgments of 3 February 2011, the General Court upheld the Commission’s view that a State aid measure, notified by Italy and implemented by allocating an amount of € 10 million in addition to the notified amount (of € 10 million), was incompatible with the common market. The original (...)

Richard Burton The EU General Court grants a company further reduction in the fine for cooperation in Spanish raw tobacco investigation (Cetarsa)

3 February 2011 121

On 3 February 2011, the General Court handed down a judgment reducing the fine imposed by the Commission on Compañía Española de Tabaco en Rama (“Cetarsa”) for its involvement in the Spanish raw tobacco cartel. In October 2004, the Commission adopted a decision fining four Spanish processors (...)

Richard Burton The EU General Court grants a company further reduction in the fine for the cooperation in Spanish raw tobacco investigation (Cetarsa)

3 February 2011 102

Markus Wellinger The EU General Court confirms illegality of Italian State aid in the shipbuilding sector and rules on temporary application of substantive rules governing State aid (Cantiere navale De Poli)

3 February 2011 110

Markus Wellinger The EU Court of Justice rules that Italy failed to recover unlawful aid and rebukes domestic courts for suspending such recovery (Italy / Commission)

22 December 2010 99

On 22 December 2010, the Court of Justice ruled that Italy had failed to recover State aid which had been declared unlawful by the Commission. In its Decision 2006/261, the Commission declared incompatible with the common market the State aid scheme set up by Italy in the form of tax (...)

Markus Wellinger The EU Court of Justice rules that Italy failed to recover unlawful aid and rebukes domestic courts for suspending such recovery (Commission / Italy)

22 December 2010 167

Markus Wellinger The European Court of Justice rules that Slovakia failed to recover unlawful aid but opens door for defenses based on the res judicata principle

22 December 2010 100

On 22 December 2010, the Court of Justice ruled that the Slovak Republic had failed to take all measures necessary to recover unlawful aid granted to a former major alcohol producer, Frucona Kosice. The State aid at issue consisted in the writing-off of tax debts by the tax office as part of (...)

Markus Wellinger The EU Court of Justice endorses the “single economic unit” reasoning of the Commission in a decision concerning State aid intended to grant a reduction of greenhouse gas emissions (AceaElectrabel)

16 December 2010 328

In a judgment of 16 December 2010, the European Court of Justice (“ECJ”) dismissed an appeal brought by AceaElectrabel Produzione SpA (“AEP”) against a judgment of the General Court upholding a Commission decision concerning State aid that Italy intended to grant for the reduction of (...)

Markus Wellinger The EU Court of Justice upholds General Court’s and Commission’s views on illegality of German aid granted to an ailing privately-owned company (Kahla Thüringen)

16 December 2010 120

On 16 December 2010, the European Court of Justice (“ECJ”) rejected an appeal lodged by Kahla Thüringen Porzellan GmbH (“Kahla Thüringen”) against a judgment of the General Court which upheld a Commission decision ordering the recovery of illegal State aid granted to Kahla Thüringen. Between (...)

Markus Wellinger The EU Court of Justice once again refers to a casino case back to General Court (Athinaïki Techniki)

16 December 2010 179

On 16 December 2010, the European Court of Justice (“ECJ”) set aside for the second time an inadmissibility order from the General Court in the Casino Mont Parnès case. In 2001, a public contract disposing 49% of the capital of the Casino Mont Parnès was awarded by the Greek authorities to the (...)

Peter L’Ecluse The EU Commission adopts R&D block exemption regulation

14 December 2010 320

On the 14 December 2010 that the European Commission published its new horizontal guidelines (see article above and also the Cartels and Horizontal Agreements section of this newsletter), it also adopted a new R&D Block Exemption Regulation (“New R&D BER”). While the New R&D BER (...)

Markus Wellinger The EU General Court dismisses a leading low cost airline’s action for annulment of Commission decisions rejecting access to documents (Ryanair)

10 December 2010 145

On 10 December 2010, the General Court rejected a series of claims for annulment brought by Ryanair against implied decisions of the Commission refusing access to documents relating to State aids allegedly granted to Ryanair by several airports. Ryanair sought mainly access to the complaints (...)

Sean Gerlich, Tim Kasten The ECJ Advocate General Mazák finds that NCAs have no competence to acquit companies of infringements (Tele2 Polska)

7 December 2010 213

On 7 December 2010, European Court of Justice (“ECJ”) Advocate General (“AG”) Jan Mazák published his opinion in Tele 2 Polska, advising the Court to rule that national competition authorities (“NCAs”) should not be entitled to declare certain practices compatible with Articles 101 or 102 of (...)

Richard Burton The European Commission fines 11 air cargo carriers more than € 799 M for price-fixing cartel (Airfreight cartel)

9 November 2010 429

On 9 November 2010, the Commission announced its decision to fine eleven air cargo carriers a total of € 799,445,000 for their involvement in a worldwide price-fixing cartel in the airfreight services sector. Air cargo carriers provide their services to freight forwarders, who arrange the (...)

Peter L’Ecluse The EU Court of Justice rules that a Japanese company may block unauthorised imports into the EU (Canon)

28 October 2010 308

On 28 October 2010, the Court of Justice of the European Union (“ECJ”) ruled that Canon Kabushiki Kaisha (“Canon”), a Japanese manufacturer of copying machines, cameras, optical and other products, could prevent a Bulgarian trader from importing ink cartridges from Hong Kong into the EU if it (...)

Porter Elliott The German Competition Authority acknowledges withdrawal of merger between two companies active in the iron ore sector (BHP Billiton / Rio Tinto)

18 October 2010 217

On 18 October 2010, BHP Billiton and Rio Tinto announced that they have abandoned plans to enter into a proposed $120 billion joint venture combining their Western Australian iron ore production activities in light of strong resistance from regulators, including the Commission and the German (...)

Markus Wellinger The EU Court of Justice upholds General Court’s judgment and dismisses an action for damages regarding State aid scheme for investment in the less-favoured regions of Italy (Nuova Agricast / Cofra)

14 October 2010 153

On 14 October 2010, the Court of Justice sided with the General Court and dismissed an action for damages brought by two Italian companies, Nuova Agricast and Cofra (the “Appellants”), against the Commission. In 1998, following an invitation published by the Italian authorities, the (...)

Markus Wellinger The European Commission compiles rules on decentralised enforcement of State aid law

8 October 2010 99

The Commission has just published a handbook on the enforcement of EU State aid law by national courts. The booklet gathers all existing EU materials on the decentralised application of State aid law, aiming to provide a coherent body of applicable provisions and a practical guidance tool to (...)

Markus Wellinger The EU General Court upholds the Commission’s decision ordering recovery of State aid granted through warranties relating to the operation of a leading express transportation’s hub (DHL)

7 October 2010 184

On 7 October 2010, the General Court rejected DHL’s application for partial annulment of a decision adopted by the Commission on 23 July 2008 with regard to an agreement concluded between DHL and FLH, the company operating Leipzig-Halle Airport. Under the terms of that agreement, FLH was to (...)

Richard Burton The EU Commission readopts decision in pre-stressing steel cartel case after miscalculation of fines (Pre-stressing steel)

6 October 2010 147

On 6 October 2010, the Commission issued a decision in which it recalculated the fines it imposed earlier this year in the pre-stressing steel cartel case. In its original decision of 30 June 2010, the Commission imposed fines totalling € 518.5 million after having found that that seventeen (...)

Markus Wellinger The EU Commission intends to prolong temporary framework for state aid measures to support access to finance in the current financial and economic crisis

6 October 2010 80

In a Communication published on 6 October, the Commission suggests to prolong by one year the so-called Temporary Community framework for State aid measures to support access to finance in the current financial and economic crisis (the “Temporary Framework”), which was adopted on 19 January (...)

Sean Gerlich, Tim Kasten The EU Commission adopts decision accepting structural commitments from the Italian incumbent electricity operator (ENI)

29 September 2010 186

On 29 September 2010, the Commission announced that it had adopted a decision under Article 9 of Regulation 1/2003 to accept commitments from ENI concerning Italy’s natural gas market. Notably, the commitments were of a structural nature, in that ENI proposed to divest its shares in three (...)

Richard Burton The EU Court of Justice Advocate General Mazák proposes to partially set aside General Court’s judgment in rubber chemicals case, while upholding parent companies’ liability (General Química / Repsol Química / Repsol YPF)

14 September 2010 128

On 14 September 2010, Advocate General Mazák issued his opinion on an appeal brought by General Química and its parent companies, Repsol Química and Repsol YPF concerning the attribution of liability in the rubber chemicals cartel case. On 18 December 2008, the General Court (at that time, the (...)

Richard Burton The EU General Court gives judgment in industrial bags cartel case (Trioplast)

13 September 2010 146

On 13 September 2010, the General Court handed down judgments on the appeals brought by Trioplast Industrier AB and Trioplast Wittenheim SA against the European Commission’s decision fining them for their role in a cartel amongst industrial bags producers. In its judgment, the General Court (...)

Markus Wellinger The EU General Court partly annuls Commission decision in the privatization of an airline case (Olympic Airways)

13 September 2010 187

On 13 September 2010, the General Court partly annulled a decision in which the Commission found that the privatization of Olympic Airways had given rise to the award of illegal State aid to the benefit of Olympic Airways and of a company called Olympic Airlines, which took up the flight (...)

Richard Burton The EU General Court reduces fine in Spanish raw tobacco case (Deltafina)

8 September 2010 179

On 8 September 2010, the General Court handed down its judgment on an appeal brought by Deltafina against the European Commission’s decision of 20 October 2004, fining it € 11,880,000 for its participation in a cartel of producers and processors of raw tobacco in Spain. The General Court (...)

Sean Gerlich, Tim Kasten The EU Court of Justice AG Mázak adopts the opinion that limits the application of the margin squeeze theory to regulated markets and indispensable inputs (TeliaSonera Sverige)

2 September 2010 303

On 2 September 2010, Ján Mázak, an Advocate General (“AG”) at the European Court of Justice (“ECJ”), published his opinion in a case considering whether TeliaSonera, the Swedish telecom incumbent, abused its dominant position as the owner of the country’s telephony infrastructure by engaging (...)

Markus Wellinger The EU Court of Justice quashes General Court’s judgment and finds no manifest error in the Commission’s assessment of State aid (Scott)

2 September 2010 167

On 2 September 2010, the Court of Justice quashed a ruling of the General Court which partly annulled a Commission decision finding illegal State aid in the sale of a parcel of land by the French authorities to Scott S.A. (“Scott”). According to the Commission, Scott unduly benefited from a (...)

Markus Wellinger The EU Court of Justice confirms General Court’s annulment of the Commission decision in a State aid case (Deutsche Post)

2 September 2010 523

On 2 September 2010, the Court of Justice handed down its judgment in the Deutsche Post State aid case. It rejected the Commission’s appeal, thereby confirming the annulment of the Commission decision in question. Deutsche Post operates both in the mail delivery sector, in which it enjoys a (...)

Porter Elliott The EU Commission modifies commitments attached to a merger in the digital satellite TV sector in light of changed market conditions (Newscorp / Telepiu)

20 July 2010 231

On 20 July 2010, the European Commission relieved Italian digital satellite TV company Sky Italia from one of the commitments given in the context of the 2003 Newscorp/Telepiuacquisition. This allows Sky Italia now to bid in the upcoming tender for the allocation of digital terrestrial TV (...)

Porter Elliott The EU General Court annuls Commission decision refusing third party access to a merger case file (Agrofert Holding v Commission)

7 July 2010 165

On 7 July 2010, the General Court issued a judgment on an appeal by Agrofert Holding against a decision by the European Commission refusing to disclose documents in its PKN Orlen/Unipetrolmerger case file. On 20 April 2005, the Commission approved the acquisition of Unipetrol, a Czech oil (...)

Porter Elliott The EU Commission approves acquisition of a trademark (Privileg Rights / Whirlpool)

7 July 2010 172

On 7 July 2010, the European Commission cleared under the EU Merger Regulation the proposed acquisition of the Privileg trademark and other rights by Whirlpool Corporation, a US-incorporated multinational company. This case is interesting from an intellectual property perspective because an (...)

Richard Burton The EU Court of Justice confirms €85.8 million fine for participation in a cartel on the plasterboard market (Knauf)

1 July 2010 122

In a judgment handed down on 1 July 2010, the European Court of Justice (“ECJ”) confirmed the € 85.8 million fine imposed on Knauf Gips KG (“Knauf”) by the Commission for its participation in a cartel on the plasterboard market. In 2002, the Commission imposed fines totalling € 478 million (...)

Richard Burton The EU Commission imposes fines of € 518 M on prestressing steel cartel (DWK / Saarstahl / ArcelorMittal)

30 June 2010 258

On 30 June 2010, the European Commission issued a decision imposing fines totaling € 518 million on seventeen producers of prestressing steel for their involvement in a long-running price-fixing and market-sharing cartel in breach of Article 101 TFEU. Prestressing steel is used with concrete (...)

Sean Gerlich, Tim Kasten The EU General Court reduces fines in soda ash case (Imperial Chemical Industries)

25 June 2010 204

On 25 June 2010, the General Court handed down its judgment in the long-running procedure concerning an alleged abuse of a dominant position by Imperial Chemical Industries Limited (“ICI”) on the market for soda ash. In its judgment, the General Court largely upheld the Commission’s findings, (...)

Richard Burton The European Commission readopts a decision on a cartel in the market for carbonless paper (Bolloré)

23 June 2010 136

In a press release of 23 June 2010, the European Commission announced the re-adoption of its decision to fine Bolloré for its participation in price-fixing and market-sharing agreements in the market for carbonless paper. The Commission had to re-adopt a decision against Bolloré as a result of (...)

Porter Elliott The EU Commission clears acquisition in the shipping sector subject to conditions (Norfolk / DFDS)

18 June 2010 202

On 18 June 2010, the European Commission conditionally cleared the planned acquisition by Danish shipping company DFDS of Dutch rival Norfolk. During the phase I review, the Commission expressed concerns that the acquisition, as initially notified, would restrict competition in the market (...)

Porter Elliott The EU Commission conditionally clears a joint venture in the railway sector (New Eurostar)

17 June 2010 275

On 18 June 2010, the European Commission conditionally cleared the creation of the New Eurostar joint venture between French incumbent railway operator SNCF, UK railway operator London Continental Railways and Belgian railway operator NMBS/SNCB. The New Eurostar joint venture will operate the (...)

Richard Burton The EU Court of Justice confirms €249.6M fine in a cartel on the plasterboard market (Lafarge)

17 June 2010 193

On 17 June 2010, the European Court of Justice rejected an appeal brought by Lafarge SA (“Lafarge”) against the judgment of the General Court confirming the Commission’s decision to impose a fine totaling € 249.6 million on it for its participation in a cartel on the plasterboard market. In (...)

Markus Wellinger The EU General Court dismisses an appeal in a digital decoder State aid case (Mediaset)

15 June 2010 123

On 15 June 2010, the General Court (the “GC”) dismissed an appeal by Mediaset SpA (“Mediaset”) against a Commission decision in which the Commission had found subsidies granted to consumers in Italy for the purchase of digital terrestrial decoders to constitute unlawful State aid. The GC (...)

Porter Elliott The EU Court of Justice orders Commission to pay € 50,000 in damages for errors made in a merger control proceedings (Schneider Electric)

9 June 2010 222

In a recently published order of 9 June 2010, the European Court of Justice set the amount of damages that the European Commission must pay to Schneider Electric SA. This order follows the European Court’s judgment of 16 July 2009 finding that, because of errors made by the Commission in the (...)

Porter Elliott The EU General Court overturns Commission’s refusal to grant third party access to documents in merger control case file (Editions Odile Jacob)

9 June 2010 168

In a judgment of 9 June 2010, the General Court annulled a decision by the European Commission refusing to disclose to Editions Odile Jacob certain documents of the Commission’s Lagardère/Natexis/VUPmerger proceedings case file. In the Lagardère/Natexis/VUPdecision of January 2004, the (...)

Peter L’Ecluse The EU Court of Justice rules against imported perfume ’tester’ resale (Coty Prestige Lancaster Group)

3 June 2010 447

On 3 June 2010, the Court of Justice of the European Union (“ECJ”) added another judgment to its line of case-law concerning the trademark exhaustion rules. In Case C-127/09, Coty Prestige Lancaster Groupv. Simex Trading, the ECJ ruled that a German trader cannot sell imported perfume (...)

Richard Burton The EU Commission consults on commitments offered by a credit card company concerning multilateral interchange fees (Visa Europe)

28 May 2010 211

The European Commission has recently consulted on commitments offered by Visa Europe in the context of the Commission’s ongoing investigation into multilateral interchange fees (“MIF”). MIFs are charged by a cardholder’s bank (the “issuing bank”) to a merchant’s bank (the “acquiring bank”) for (...)

Andrzej Kmiecik The European Commission adopts new competition law framework for motor vehicle distribution and repair

27 May 2010 234

On 27 May 2010, after an intensive and controversial review of the current regime lasting two years, the European Commission adopted Commission Regulation 461/2010 concerning the application of Article 101(3) TFEU to vertical agreements in the motor vehicle sector (the “New MVBER”) and its (...)

Markus Wellinger The EU General Court finds that public statements of support by the French Government did not constitute State aid in favour of the incumbent telecom operator (France Télécom)

21 May 2010 144

In a judgment handed down on 21 May 2010, the General Court (hereinafter the “GC”) held that statements by the French authorities aimed at assuring France Télécom (hereinafter “FT”) of their support in the context of a major financial crisis experienced by FT did not constitute State aid. (...)

Richard Burton The EU General Court reduces fines in copper plumbing tubes cartel appeal (KME Germany / Chalkor)

19 May 2010 158

On 19 May 2010, the General Court reduced two of the fines imposed by the European Commission in September 2004 in the copper plumbing tubes cartel case. In its decision, the Commission fined seven companies a total of € 222.3 million for their participation in a price-fixing and (...)

Richard Burton The EU General Court affirms Commission’s rejection of complaint on cement standard (EMC Development)

12 May 2010 257

On 12 May 2010, the General Court dismissed an appeal lodged by EMC Development (“EMC”), a Swedish company active in the commercial exploitation of specialist cement production technology, against a Commission decision rejecting its complaint alleging the infringement of Article 101 TFEU by a (...)

Sean Gerlich, Tim Kasten The EU Commission adopts decision accepting commitments from a leading energy group (E.ON)

4 May 2010 203

On 4 May 2010, the Commission announced that it had adopted a decision under Article 9 of Regulation 1/2003 to accept commitments from E.ON concerning the German gas market. This follows a market testing of the commitments in January 2010. According to the Commission’s press release, (...)

Richard Burton The EU Commission opens consultation on draft block exemption regulation on research & development agreements

4 May 2010 132

On 4 May 2010, the Commission opened a public consultation on the treatment of various types of horizontal cooperation agreements under the EU competition rules. The consultation forms part of the Commission’s preparation of new block exemption regulations and guidelines for horizontal (...)

Richard Burton The EU Commission opens consultation on draft block exemption regulation on specialisation agreements

4 May 2010 129

Richard Burton The EU Commission opens consultation on guidelines on horizontal cooperation agreements

4 May 2010 180

Richard Burton The EU General Court largely confirms fines in appeal of industrial threads decision (Gütermann / Zwicky)

28 April 2010 153

On 28 April 2010, the General Court issued its judgments on appeals brought by six industrial thread producers against a Commission decision finding that they had infringed Article 101 TFEU through their participation in price-fixing cartels. In its decision of 14 September 2005, the (...)

Richard Burton The EU General Court largely confirms fines in appeal of industrial threads decision (Gütermann / Zwicky)

28 April 2010 440

Richard Burton The EU General Court largely confirms fines in appeal of industrial threads decision (BST)

28 April 2010 158

Richard Burton The EU General Court largely confirms fines in appeal of industrial threads decision (Oxley Threads)

28 April 2010 211

Richard Burton The EU Commission considers proposals to reduce multilateral interchange fees (Visa Europe)

26 April 2010 226

On 26 April 2010, the European Commissioner for Commission Joaquín Almunia welcomed proposals by Visa Europe to reduce its multilateral interchange fees (MIFs) for debit card payments. An interchange fee is charged by an issuing bank (the customer’s bank) to an acquiring bank (the retailer’s (...)

Andrzej Kmiecik The EU Commission adopts vertical agreements block exemption regulation and vertical restraints guidelines

20 April 2010 422

On 21 April 2010, the Commission adopted final versions of the new Vertical Agreements Block Exemption Regulation (“VABER”) and Vertical Restraints Guidelines (“Guidelines”). The new VABER will enter into force on 1 June 2010, and will expire at the end of May 2022. The new VABER provides for (...)

Sean Gerlich, Tim Kasten The EU General Court examines an appeal against a Commission decision in the chip manufacturing sector (Hynix Semiconductor)

25 March 2010 208

The details of two appeals lodged at the General Court (“GC”) by Hynix Semiconductor (“Hynix”) against two Commission decisions concerning US chip manufacturer Rambus were published in the Official Journal of 5 June 2010. In December 2009, the Commission issued a decision closing an (...)

Markus Wellinger The EU Court of Justice Advocate General Jääskinen agrees with the General Court’s ruling in a State aid recovery case in the postal sector (Deutsche Post)

24 March 2010 298

In an opinion issued on 24 March 2010, Advocate General Niilo Jääskinen agrees with the judgment given by the General Court (hereinafter the “GC”) in 2008 by which the GC overturned a Commission decision ordering Deutsche Post to repay € 572 million of state aid. According to the AG, the (...)

Porter Elliott The EU General Court examines a claim from a French local authority who seeks damages for Commission’s failure to impose conditions in a merger (Communauté de communes de Lacq)

22 March 2010 222

On 5 June 2010, details were published in the Official Journal of the European Union of a damages action before the General Court brought by Communauté de communes de Lacq (a French local authority) against the European Union, requesting compensation for injury allegedly suffered by the (...)

Richard Burton The EU Commission consults on remedies regarding cooperation between companies in the airline sector (Iberia / British Airways / American Airways)

10 March 2010 161

On 10 March 2010, the European Commission opened a consultation on remedies offered by British Airways (“BA”), American Airlines (“AA”) and Iberia in the context of its review of the airlines’ envisaged cooperation relating to transatlantic flights under Article 101 TFEU. The three airlines (...)

Sean Gerlich, Tim Kasten The EU Commission sends a statement of objections for alleged refusal to supply (Telekomunikacja Polska)

1 March 2010 154

On 1 March 2010, the Commission announced that it had sent a Statement of Objections to incumbent Polish telecoms operator Telekomunikacja Polska (“TP”) for allegedly abusing its dominant position in the Polish wholesale broadband services market by engaging in a refusal to supply. In (...)

Sean Gerlich, Tim Kasten The EU Commission announces a market test on commitments offered by an energy company (ENI)

4 February 2010 220

On 4 February 2010, the Commission announced that the Italian energy company ENI had proposed structural remedies to address the Commission’s concerns that the management and operation of natural gas transmission pipelines by ENI could infringe Article 102 TFEU, and stated its intention to (...)

Richard Burton The EU Commission investigates the remedies proposed by airlines in the context of envisaged cooperation relating to transatlantic flights (British Airways / American Airlines / Iberia)

1 February 2010 157

The European Commission has recently confirmed that it is investigating the sufficiency of remedies proposed by British Airways, American Airlines and Iberia in the context of its review of the compatibility of the airlines’ envisaged cooperation relating to transatlantic flights with Article (...)

Richard Burton The EU Commission opens formal investigation into a proposed iron ore joint venture (BHP Billiton / Rio Tinto)

25 January 2010 155

On 18 October 2010, BHP Billiton and Rio Tinto announced that they have abandoned their plans to enter into a proposed $120 billion joint venture combining their Western Australian iron ore production activities in light of strong resistance from the Commission and the German Federal Cartel (...)

Sean Gerlich, Tim Kasten The EU Commission accepts commitments from a leading energy group (E.ON)

22 January 2010 229

On 22 January 2010, the Commission published in the Official Journal a series of commitments offered by E.ON to address concerns raised by the Commission with respect to the German gas markets. According to the Commission’s preliminary assessment, E.ON may have infringed Article 102 TFEU by (...)

Richard Burton The European Commission opens an investigation on a scheme for European feeder vessels

6 January 2010 110

On 6 January 2010, the European Commission opened an antitrust investigation into the “Baltic Max Feeder” scheme for European feeder vessels. The scheme, elaborated by German tax consultants Anchor, would involve European owners of feeder vessels (i.e., smaller, short-sea container vessels) (...)

Andrzej Kmiecik The EU Commission launches public consultation on the review of the competition rules for the motor vehicle sector

21 December 2009 146

On 21 December 2009, the European Commission launched a public consultation on its review of the competition rules for the motor vehicle sector. In particular, the European Commission published a draft sector-specific block exemption and notice concerning the sale of new motor vehicles, spare (...)

Richard Burton The EU General Court reduces fines in appeal of readopted "soda ash" cartel decision (Solvay)

17 December 2009 211

On 17 December 2009, the General Court (GC) issued its judgments on appeals brought by Solvay against European Commission decisions finding that it had infringed Articles 101 and 102 TFEU for its participation in a cartel affecting the market for soda ash and the abuse of its dominant position (...)

Peter L’Ecluse The EU Commission welcomes the declaration of a telecom operator to take over previous commitment after a merger (IPCom)

10 December 2009 252

Several developments that took place during December 2009 suggest that the issue of standards-setting is one that is currently of renewed interest to the European Commission, and likely to remain that way under the next Commission. On 10 December 2009, the European Commission welcomed the (...)

Peter L’Ecluse The EU Commission closes an investigation into a chip manufacturer for abuse of dominant position (Rambus)

9 December 2009 318

Several developments that took place during December 2009 suggest that the issue of standards-setting is one that is currently of renewed interest to the European Commission, and likely to remain that way under the next Commission. US chip manufacturer Rambus had previously found itself in (...)

Peter L’Ecluse The DG Competition Head of Unit Per Hellström confirms that the role of standards is likely to gain prominence in the next EU Commission

3 December 2009 189

Several developments that took place during December 2009 suggest that the issue of standards-setting is one that is currently of renewed interest to the European Commission, and likely to remain that way under the next Commission. Speaking during a conference held in Brussels on 3 December (...)

Markus Wellinger The EU Court of Justice upholds Commission’s appeal against annulment of State aid decision on excise duty exemptions for alumina production (Commission / Ireland)

2 December 2009 146

On 2 December 2009, the Court of Justice (the “ECJ”) set aside the judgment of the Court of First Instance (now the General Court (the “GC”)) that had annulled a Commission’s decision declaring exemptions from the excise duty on mineral oils used as fuel for alumina production in France, (...)

Markus Wellinger The EU General Court dismisses an appeal in a State aid case in the telecommunications sector (France Télécom)

30 November 2009 134

On 30 November 2009, the Court of First Instance (now the General Court (the “GC”)) issued a judgment dismissing the appeal lodged by France Télécom and France against the decision of the Commission which found that France Télécom had received unlawful State aid in the form of a special tax (...)

Markus Wellinger The EU General Court dismisses an appeal lodged by Germany against the Commission’s decision ordering Germany to provide information about a State aid scheme that fell within the scope of Regulation 70/2001, which provides an exemption from notification for certain aid for SMEs (Germany)

25 November 2009 150

On 25 November 2009, the Court of First Instance (now the General Court (the “GC”)) dismissed an appeal lodged by Germany against the decision of the European Commission ordering Germany to provide information about a State aid scheme that fell within the scope of Regulation 70/2001, which (...)

Sean Gerlich, Tim Kasten The EU Commission closes proceedings against a telecom company without finding proof of abuse of dominance and with the parties withdrawing their complaints (Qualcomm / Texas Instrument)

24 November 2009 210

On 24 November 2009, the Commission announced its decision to close its proceedings against Qualcomm Incorporated concerning an alleged breach of Article 82 EC. The investigation was opened on 1st October 2007. Although the Commission noted that the Qualcomm case raised important issues (...)

Sean Gerlich, Tim Kasten The EU Commission confirms sending statements of objection to a financial company alleging unfair pricing (Standard & Poor’s)

19 November 2009 152

On 19 November 2009, the Commission announced that on 16 November 2009 it had sent a Statement of Objections to Standard & Poor’s (“S&P”) for an alleged violation of Article 82 EC. According to the Commission’s press release, S&P is the sole-appointed National Numbering Agency (...)

Sean Gerlich, Tim Kasten The EU Commission opens formal proceedings in the real-time market data feeds sector (Thomson Reuters)

10 November 2009 218

On 10 November 2009, the Commission announced that it was opening formal antitrust proceedings against Thomson Reuters regarding its practices in the area of real-time market datafeeds. In particular, the Commission will investigate whether customers or competitors are prevented from (...)

Sean Gerlich, Tim Kasten The EU Commission market tests commitments proposed by the French incumbent operator concerning French electricity retail market (EDF)

4 November 2009 178

On 4 November 2009, the Commission announced that it was launching a market test of commitments offered by French energy company EDF to address allegedly abusive long-term contracts entered into by EDF. The move follows the sending of a Statement of Objections to EDF in December 2008. The (...)

Richard Burton The EU Commission consults on draft guidance for "Single Euro Payments Area" (SEPA)

3 November 2009 112

On 3 November 2009, the European Commission announced that it was opening a consultation on a draft guidance document for participants in the Single European Payment Area (SEPA) Direct Debit Scheme, to ensure that the scheme complies with Article 81 EC. The scheme, which was launched on 2 (...)

Peter L’Ecluse The EU Commission holds a roundtable on online music distribution and publishes a joint statement signed by key industry players

19 October 2009 217

On 19 October 2009, the participants of a European Commission Roundtable on the online distribution of music signed a joint statement setting out general principles that aim to underpin the online distribution of music in the future. Participants in the Roundtable comprised Amazon, BEUC, EMI, (...)

Peter L’Ecluse The EU Competition Commissioner Neelies Kroes argues for ex ante disclosure of essential patents

15 October 2009 199

In a speech given in Brussels on 15 October 2009, EU Competition Commissioner Neelie Kroes gave the clearest indication yet of the Commission’s current thinking on standard-setting. Among others, Commissioner Kroes indicated that companies will have to reveal licensing costs in advance if they (...)

Sean Gerlich, Tim Kasten The EU Commission market tests commitments proposed by a leading software company to address allegations of tying an internet browser (Microsoft)

7 October 2009 259

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 (...)

Richard Burton The EU Commission fines power transformers cartelists over €67 M (Power Transformers)

7 October 2009 215

On 7 October 2009, the Commission announced that it had imposed fines totalling € 67.6 million on a number of European and Japanese companies for having participated in a market-sharing cartel that operated on the market for power transformers between June 1999 and May 2003 in breach of (...)

Sean Gerlich, Tim Kasten The EU Commission market tests commitments in the Swedish electricity transmission market (Svenska Kraftnät)

6 October 2009 203

On 6 October 2009, the Commission announced that it was beginning a market test of commitments offered by Svenska Kraftnät (SvK), the Swedish transmission system operator, to address various allegations of abuse. The move follows an announcement by the Commission earlier this year that it had (...)

Porter Elliott The EU Court of First Instance dismisses an appeal against a Commission’s decision clearing a joint venture in the music sector (Impala)

30 September 2009 170

On 30 September 2009, the Court of First Instance adopted an order dismissing an appeal brought by the Independent Music Publishers and Labels Association (Impala) against the European Commission’s second decision clearing the joint venture between the global recorded music businesses of Sony (...)

Richard Burton The EU General Court hands down judgment reducing fines in monochloroacetic cartel case (Hoechst)

30 September 2009 138

On 30 September 2009, the Court of First Instance (“CFI”) handed down a judgment reducing the fine imposed by the European Commission on Hoechst GmbH for its participation in a market-sharing and price-fixing cartel on the monochloroacetic acid market in violation of Article 81 EC. In its (...)

Richard Burton The EU Commission re-adopts decision on the concrete reinforcing bar cartel and imposes fines over € 83 million (Ronds à Béton)

30 September 2009 196

On 30 September 2009, the Commission announced that it had re-adopted a decision fining eight companies over € 83 million for their participation in a cartel in the Italian concrete reinforcing bar sector, following the annulment of the Commission’s original decision by the CFI on procedural (...)

Richard Burton The EU Court of Justice dismisses an appeal by four Austrian banks against a CFI judgment which upheld a Commission decision that fined €124.6 million eight banks for their participation in a series of illicit agreements (Lombard club cartel)

24 September 2009 255

On 24 September 2009, the ECJ dismissed in its entirety an appeal by four Austrian banks against a CFI judgment of December 2006, in which the CFI largely upheld a Commission decision of June 2002 that fined eight Austrian banks a total of € 124.26 million for their participation in a series (...)

Sean Gerlich, Tim Kasten The EU Court of Justice AG Kokott recommends overturning the CFI judgment that annulled a decision to accept commitments (Alrosa)

17 September 2009 155

On 17 September 2009, Advocate General Kokott issued her Opinion in Commission v. Alrosa, which concerns the Commission’s appeal of a CFI judgment that annulled a decision to accept commitments proposed by De Beers under Article 9 of Regulation 1/2003. In her Opinion, Advocate General Kokott (...)

Markus Wellinger The EU Commission adopts guidelines for public funding of broadband networks

17 September 2009 165

On 17 September 2009, the Commission issued new guidelines for the application of State aid rules to the public funding of broadband networks (the ‘Guidelines’). The aim of these Guidelines is to accelerate and extend deployment of broadband networks by providing a transparent and predictable (...)

Markus Wellinger The Advocate General Kokott issues opinion on access to documents in State aid investigations (Technische Glaswerke Ilmenau)

8 September 2009 228

On 8 September 2009, Advocate General Kokott handed down her opinion in a case concerning the Commission’s refusal to grant access to certain documents in State aid proceedings. The Advocate General essentially agrees with the earlier judgment of the Court of First Instance which found that (...)

Richard Burton The EU Court of Justice partially annuls Commission decision on rights of defence in the carbonless paper cartel (Papierfabrik August Koehler)

3 September 2009 196

On 3 September 2009, the ECJ partially set aside the CFI’s judgment and annulled the Commission’s decision in the carbonless paper cartel case. In December 2001, the Commission fined ten undertakings a total of € 313.7 million for their participation in a series of price-fixing agreements and (...)

Richard Burton The EU Court of Justice dismisses appeal in haberdashery cartel case (Prym and Prym Consumer)

3 September 2009 223

On 3 September 2009, the European Court of Justice (“ECJ”) handed down its judgment dismissing an appeal by William Prym GmbH & Co KG and Prym Consumer GmbH & Co KG(“Prym”) against a Court of First Instance (CFI) judgment of 12 September 2007. In 2004, the Commission imposed fines of (...)

Porter Elliott The EU Commission conditionally clears an airline company merger (Lufthansa / Austrian Airlines)

31 July 2009 430

On 31 July 2009, a press release was published on the European Commission’s website announcing that Competition Commissioner Neelie Kroes has “instructed her services to draft a conditional clearance decision” for the proposed acquisition of Austrian Airlines by Lufthansa. The draft decision (...)

Andrzej Kmiecik The EU Commission publishes drafts of the Vertical Agreements Block Exemption Regulation and Vertical Guidelines for consultation

28 July 2009 335

On 28 July 2009, the European Commission published for consultation a draft of the proposed new Vertical Agreements Block Exemption Regulation (VABER) and its accompanying draft Vertical Guidelines. Interested parties are invited to submit comments on these documents by 28 September 2009. (...)

Markus Wellinger The EU Commission issues guidelines on restructuring aid to banks

23 July 2009 273

On 23 July 2009, the Commission adopted a temporary Communication on restructuring aid to banks. This Communication complements the previously adopted guidelines on State guarantees, recapitalization and impaired assets in the banking sector and sets out how the Commission will assess (...)

Richard Burton The European Commission fines calcium carbide and magnesium reagents cartel (Akzo Nobel, Degussa)

22 July 2009 223

On 22 July 2009, the European Commission adopted a decision imposing fines totaling € 61.120 million on nine companies for their participation in a price-fixing and market-sharing cartel affecting the supply of calcium carbide-based and magnesium-based reagents. Calcium carbide powder and (...)

Andrzej Kmiecik The EU Commission publishes communication identifying current plans for future legal framework to be applied to the motor vehicle industry

22 July 2009 199

On 22 July 2009, the European Commission published for consultation a Communication and accompanying Impact Assessment Report setting out its views on the future competition law framework for the motor vehicle sector. The current Motor Vehicle Block Exemption Regulation (MVBER) expires on 31 (...)

Andrzej Kmiecik The EU Commission consults Member States concerning the future of the motor vehicle block exemption regulation

22 July 2009 162

According to certain sources, the Commission has recently requested Member States to express their views in relation to the future of the Motor Vehicle Block Exemption Regulation (which will expire in May 2010). The Commission has apparently asked Member States to consider the following four (...)

David Hull The EU Commission considers generic competition and pipeline products in the human-health pharmaceutical sector in conditionally clearing a merger (Pfizer / Wyeth)

17 July 2009 503

On 17 July 2009, the European Commission approved the acquisition by Pfizer Inc. USA («Pfizer») of Wyeth USA. In its decision, the Commission identified substantial horizontal overlaps in the parties’ human health pharmaceutical operations, as well as in the parties’ animal health operations, (...)

Sean Gerlich, Tim Kasten The EU Court of Justice dismisses an appeal against the Court of First Instance judgment in a case of abuse of a dominant position in the market for collecting and processing packaging waste (’Green Dot’ case)

16 July 2009 306

On 16 July 2009, the European Court of Justice (ECJ) issued its judgment in the appeal of Duales System Deutschland (DSD) against a 2007 judgment of the Court of First Instance (CFI), which had upheld a Commission decision finding that the German recycling company’s licensing scheme for its (...)

Richard Burton The EU Court of Justice substantially reduces fine imposed on a chemical company for its participation in a cartel on the citric acid market (Archer Daniels Midland)

9 July 2009 223

On 9 July 2009, the European Court of Justice (ECJ) partially upheld an appeal brought by Archer Daniels Midland (ADM) against a judgment of the Court of First Instance (CFI) of 27 September 2006. As a result, the € 39 million fine that the Commission had imposed on ADM in 2001 for its (...)

Markus Wellinger The EU Court of Justice rules on standing of trade union in State aid appeals (3F)

9 July 2009 235

On 9 July 2009, the European Court of Justice (ECJ) handed down its judgment in a case concerning the standing of a trade union, 3F, to challenge the Commission’s decision not to open an in-depth State aid investigation. Contrary to the order of the Court of First Instance (CFI), the ECJ (...)

Richard Burton The EU Commission fines two gas companies €553 million each for market-sharing cartel (E.ON / GDF Suez)

8 July 2009 246

On 8 July 2008, the Commission announced that it had imposed fines totalling € 1.106 billion on E.ON and its subsidiary E.ON Ruhrgas and on GDF Suez for their participation in a market-sharing cartel that operated in the French and German gas markets between 1975 and 2005 in breach of Article (...)

Markus Wellinger The EU Court of Justice imposes a two-fold penalty on Greece under an Article 228 EC procedure for non-recovery of illegal State aid granted to airline companies (Olympic Airways)

7 July 2009 294

On 7 July 2009, the European Court of Justice (ECJ) imposed a two-fold penalty on Greece under an Article 228 EC procedure for non-recovery of illegal State aid granted to Olympic Airways. The case dates back to 2002 when the Commission found certain aid granted to Olympic Airways (...)

Richard Burton The EU General Court dismisses action against Commission’s re-adopted decision relating to the steel alloy surcharge cartel (ThyssenKrupp Stainless)

1 July 2009 197

On 1 July 2009, the Court of First Instance (CFI) dismissed in its entirety an action by ThyssenKrupp Stainless AG (formerly Krupp Nirosta GmbH) against the European Commission’s re-adopted decision in the alloy surcharge antitrust proceeding. ThyssenKrupp had appealed against the (...)

Porter Elliott The EU Court of First Instance dismisses an appeal against Commission’s first decision on a joint venture in the music sector (Impala)

30 June 2009 235

On 30 June 2009, the Court of First Instance adopted an order dismissing Impala‘s appeal against the European Commission’s first decision clearing the joint venture between the global recorded music businesses of Sony Corporation and Bertelsmann Music Group (BMG). This dismissal is the most (...)

David Hull The EU Commission refines its analysis of relevant markets in the airline sector and accepts slot divestitures with grandfathered rights as a remedy (Lufthansa / SN Airholdings)

22 June 2009 1133

On 22 June 2009, the European Commission approved the acquisition by Deutsche Lufthansa AG («Lufthansa») of SN Airholding SA/NV, the holding company of SN Brussels Airlines («SN Brussels»), subject to commitments. This decision indicates that the Commission is moving towards a more nuanced (...)

Markus Wellinger The EU Commission approves Danish CO2 tax exemption scheme with conditions

17 June 2009 188

On 17 June 2009, the Commission authorised under State aid rules a Danish proposal to grant exemptions from carbon dioxide tax to companies covered by the EU’s Emissions Trading Scheme (ETS). However, the Commission’s clearance decision requires the tax scheme to be amended so that all (...)

Peter L’Ecluse The EU Commission market tests commitments proposed by a U.S. chip manufacturer (Rambus)

12 June 2009 370

On 12 June 2009, the US chip manufacturer Rambus announced that it has reached a “tentative settlement” in connection with proceedings brought by the European Commission claiming that Rambus has been abusing its dominant position by charging unreasonable royalties for patents relevant to (...)

Markus Wellinger The EU Commission consults on draft guidelines on State aid to broadband networks

19 May 2009 90

On 19 May 2009, the Commission published for consultation a draft of Community Guidelines for the application of State aid rules to public funding of broadband networks. The draft Guidelines set out the Commission’s policy in relation to the assessment of State aid to support the deployment of (...)

Sean Gerlich, Tim Kasten The EU Commission fines a leading computer manufacturer for abuse of its dominant position (Intel)

13 May 2009 327

On 21 September 2009, the Commission published the non-confidential version of the Intel decision of 13 May 2009, and a summary of the decision was also published in the Official Journal of 22 September 2009. The materials confirm that the Commission has challenged two specific practices: (i) (...)

Porter Elliott The EU General Court clarifies Commission’s duty of care and third parties’ right to be heard in merger control proceedings (NVV)

7 May 2009 226

In a judgment of 7 May 2009, the Court of First Instance dismissed an appeal against the Commission’s decision unconditionally clearing the acquisition by Sovion of Hendrix Meat Group. The appellants (three interested third parties in the Commission’s Sovion/HMG proceedings) argued before the (...)

Richard Burton The EU Court of First Instance dismisses appeals in industrial tubes cartel case (Outokumpu)

6 May 2009 175

On 6 May 2009, the Court of First Instance (CFI) handed down its judgments in appeals brought by three of the companies fined by the Commission in 2003 for participating in a cartel on the market for industrial copper tubes. In its December 2003 decision, the Commission imposed fines (...)

Richard Burton The EU Court of First Instance dismisses appeals in industrial tubes cartel case (Wieland Werke)

6 May 2009 141

Richard Burton The EU Court of First Instance dismisses appeals in industrial tubes cartel case (KM Europa Metal)

6 May 2009 144

Richard Burton The EU Court of Justice AG Mengozzi delivers opinion in the "haberdashery" cartel appeal (Prym)

30 April 2009 247

On 30 April 2009, Advocate General Mengozzi delivered his opinion in an appeal before the European Court of Justice (ECJ) brought by William Prym GmbH & Co KG and Prym Consumer GmbH & Co KG (Prym) against an earlier judgment of the Court of First Instance (CFI) largely upholding the (...)

Sean Gerlich, Tim Kasten The EU Commission opens proceedings against two telecommunication operators (Telekomunikacja Polska / Slovak Telekom)

27 April 2009 260

On 27 April 2009, the Commission issued a press release announcing that it had opened formal proceedings against Telekomunikacja Polska and Slovak Telekom for possible breaches of Article 82 EC. In particular, the Commission announced that it is investigating Slovak Telekom, the Slovak (...)

Sean Gerlich, Tim Kasten The EU Commission opens proceedings against Swedish electricity transmission system operator concerning limitations on the capacity for electricity exports (Svenska Kraftnät)

23 April 2009 131

On 23 April 2009, the Commission issued a press release announcing that it had opened formal proceedings against Svenska Kraftnät (“SvK”), the Swedish electricity transmission system operator, for possible breaches of Article 82 EC. SvK is a State-owned central administrative authority in (...)

Richard Burton The ECJ Advocate General Kokott renders opinion on parent liability (Akzo)

23 April 2009 227

On 23 April 2009, Advocate General Kokott gave her opinion on an appeal by Akzo Nobel NV and others against a judgment of the CFI of 12 December 2007. The CFI’s judgment confirmed a Commission decision of December 2004 upholding the fines imposed on the Akzo Nobel group for its participation (...)

Peter L’Ecluse The EU Court of Justice rules that a trademark owner can oppose the resale of his luxury goods by discount stores (Copad / Christian Dior couture)

23 April 2009 316

On 23 April 2009, in its judgment in Case C-59/08 Copad SA v Christian Dior couture SA, the European Court of Justice (“ECJ”) shed further light on the often contentious topic of exhaustion of trade mark rights in respect of luxury goods. Christian Dior Couture SA (“Dior”) had concluded a (...)

Richard Burton The EU Commission issues a statement of objections in multilateral interchange fees case (Visa Europe)

6 April 2009 298

According to recent reports, the Commission has issued an SO to Visa Europe Limited (“Visa”) with regard to the setting of multilateral interchange fees (“MIF”). An interchange fee is charged by an issuing bank (the customer’s bank) to an acquiring bank (the retailer’s bank) for sales (...)

Richard Burton The EU Court of Justice Advocate General Bot proposes to annul General Court’s ruling on rights of defence in carbonless paper cartel appeal (Papierfabrik August Koehler)

2 April 2009 142

On 2 April 2009, Advocate General Bot issued his opinion in the appeal against the judgment of the CFI in the carbonless paper cartel case. This judgment upheld a Commission decision of December 2001, which found that eleven undertakings had infringed Article 81 EC by participating in a series (...)

Andrzej Kmiecik The EU Court of Justice rules on non-compete and resale price maintenance in the context of block exemption regulations (Pedro IV Servicios / Total España)

2 April 2009 454

On 2 April 2009, the European Court of Justice (“ECJ”) delivered a judgment in Pedro IV Servicios SLv. Total España SA, a preliminary reference concerning the analysis of non-compete obligations and alleged resale price maintenance in the light of Regulation 1984/83 (the former block exemption (...)

Sean Gerlich, Tim Kasten The EU Court of Justice AG Bot recommends dismissing a recycling company’s appeal for abusive judgment (Der Grüne Punkt)

31 March 2009 220

On 31 March 2009, Advocate General Bot delivered his opinion in the appeal of Duales System Deutschland (“DSD”) against a 2007 CFI judgment holding that the German recycling company’s licensing scheme for its “Green Dot” logo constituted an abuse of a dominant position. The Advocate General (...)

Richard Burton The EU Court of First Instance issues judgment in steel beams case (ArcelorMittal)

31 March 2009 128

On 31 March 2009, the Court of First Instance (“CFI”) handed down its judgment in an appeal by ArcelorMittal Luxembourg SA (formerly Arbed SA) against a decision of the European Commission to re-adopt its 1994 decision finding that there had been an illegal cartel in the steel beams sector (...)

Richard Burton The EU Advocate General Bot champions narrow reading of “actual impact on the market” criterion (Erste Group Bank)

26 March 2009 204

In his opinion delivered on 26 March 2009 in the Austrian Bankscase, Advocate General Bot recommended that the ECJ quash an earlier judgment of the CFI and lower the fines imposed on certain Austrian banks for their involvement in cartel practices. The Advocate General upheld the appellants’ (...)

Richard Burton The EU Commission gives preliminary views on renewal of insurance block exemption regulation

24 March 2009 167

On 24 March 2009, the European Commission published a report setting out its preliminary views on the functioning of the current Insurance Block Exemption Regulation (IBER). The Commission originally adopted a block exemption covering the insurance sector in 1992. When the 1992 Regulation (...)

Peter L’Ecluse The EU Court of First Instance examines a recourse against the Commission’s decision to reject complaint against a leading alcohol manufacturer (Protégé International)

23 March 2009 208

On 16 May 2009, a notice was published in the Official Journal of the EU announcing that Protégé International is taking the European Commission to court over its January 2009 decision to reject a competition law complaint brought by Protégé International against Pernod Ricard. Protégé (...)

Richard Burton The EU Court of Justice upholds fine imposed in sodium gluconate cartel case (Archer Daniels Midland)

19 March 2009 129

On 19 March 2009, the European Court of Justice (“ECJ”) dismissed an action brought by Archer Daniels Midland (“ADM”) against the judgment of the Court of First Instance (“CFI”) upholding the Commission’s decision in the sodium gluconate cartel case. In October 2001, the Commission imposed (...)

Sean Gerlich, Tim Kasten The EU Commission sends a statement of objections to an energy group regarding its management and operation of natural gas transmission pipelines (ENI)

6 March 2009 183

On 6 March 2009, the Commission sent a Statement of Objections to the Italian ENI group, setting out its preliminary view that the management and operation of natural gas pipelines by ENI may constitute one or more abuses. In particular, the Commission alleges that ENI, the largest producer, (...)

Markus Wellinger The EU Court of Justice Advocate General Sharpston issues opinion on the standing of a trade union in State aid appeals (3F)

5 March 2009 124

On 5 March 2009, Advocate General Sharpston gave her opinion on an appeal brought by a trade union, 3F, against an order of the Court of First Instance (“CFI”), which found that the trade union did not have standing to appeal a Commission decision not to open an in-depth investigation under (...)

Sean Gerlich, Tim Kasten The EU Commission removes the trustee provisions from a 2004 decision (Microsoft)

4 March 2009 176

On 4 March 2009, the Commission announced that it had adopted a Decision removing the Trustee provisions from the 2004 Microsoft Decision and repealed the subsequent 2005 Trustee Decision which was adopted on the basis of the 2004 Decision. According to the Commission, it found that the (...)

Andrzej Kmiecik The EU Commission prepares questionnaires for the reassessment of the competition rules applicable to online commerce

1 March 2009 164

It has been reported that the Commission is currently preparing questionnaires in the context of its reassessment of the competition rules applicable to Internet commerce in view of the expiry of the Vertical Agreements Block Exemption Regulation in May 2010. These questionnaires will be sent (...)

Markus Wellinger The EU Commission extends the application of the communication concerning national aid schemes supporting the production of cinematographic and other audiovisual works (Cinema Communication)

28 February 2009 106

The Commission has decided to extend the application of the Cinema Communication, adopted in 2001, until the end of 2012. The 2001 Cinema Communication sets out the criteria that the Commission uses in its assessment of national aid schemes supporting the production of cinematographic and (...)

Markus Wellinger The EU Commission issues guidance on State aid enforcement by national courts