Orrick, Herrington & Sutcliffe

Orrick is an international law firm founded in San Francisco, California. The firm advises on transactions, litigation and regulatory matters for venture-backed companies, public companies, E&I funds, financial institutions and governments. Orrick has consistently been ranked by Law360 as a top 20 global law firm. The firm is well-known as a leading advisor to the global technology sector, counting among its clients over 3,000 venture-backed companies, five of the Forbes’ “Top 10 Digital Companies,” and more than 35 unicorns.

Review

Rafael P. Amaro, Bastien Thomas, Malik Idri Private Enforcement of Antitrust Law in France (July 2022 – February 2023)

May 2023 2299

The last months were probably amongst the most profuse in landmark judgments since the inauguration of this column in 2016. There are no less than four judgments of the Court of Justice, four judgments of the Court of Cassation and one judgment of the Council of State! None of them is (...)

Rafael P. Amaro, Malik Idri, Bastien Thomas Private Enforcement of Antitrust Law in France (Dec. 2021 - June 2022)

September 2022 1770

The last months are marked marked by an important judgment of the Court of Justice, which deals with the application ratione temporis of the provisions resulting from the Damages Directive and the previous civil law, as well as the starting point of the statute of limitations (the Volvo – DAF (...)

Elise Durand, Patrick Hubert Mitigating antitrust risks in M&A deals

May 2022 2837

The principles developed by the EU courts in relation to liability for competition law infringements may potentially create important risks for companies in the framework of their M&A transactions. For this reason, antitrust due diligences have become an essential tool allowing companies (...)

Rafael P. Amaro, Malik Idri, Bastien Thomas Private Enforcement of Antitrust Law in France (Apr. 2021 - Nov. 2021)

February 2022 2120

The last months are marked by two important judgments of the Court of Justice, one on international jurisdiction (Volvo case), the other on the liability of the subsidiary for infringements committed by its parent company (Sumal case). A series of judgments on the conflict of laws in time (...)

Patrick Hubert, Frédéric Marty La concurrence au secours de l’économie numérique, Patrick HUBERT and Frédéric MARTY

September 2019 145

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 (...)

Rafael P. Amaro, Malik Idri, Bastien Thomas Private enforcement of antitrust law in France (June 2020 - March 2021)

May 2021 2296

The period under review confirms, as in the previous period, the growth of litigation before the administrative courts. It also confirms the importance of certain recurring issues, such as the statute of limitations, international jurisdiction, and compensation for the prejudicial effect of (...)

Dennis Davis, Emily Luken, Gönenç Gürkaynak, Jay Jurata, Jonathan Fried Competition and Globalization in Developing Economies (New York, October 28, 2016)

February 2017 495

The 2016 New York University School of Law conference, jointly organized with Concurrences Review, was held on October 28 on "Competition and Globalization in Developing Economies". The trade and competition regimes have markedly different degrees of formality at the international level and (...)

Agathe Richard, Aidan Synnott, Albert A. Foer, Alden F. Abbott, Alvaro Ramos, Ben Labow, Bonny Sweeney, Bradley T. Tennis, Christopher Meyers, Donald C. Klawiter, James J. Tierney, James Langenfeld, Janet L. McDavid, John DeQ. Briggs, John Kwoka, Joseph Farrell, Logan Breed, Mark D. Whitener, Michael A. Carrier, Michael D. Hausfeld, Michael L. Weiner, Michael P. Lehmann, Richard S. Taffet, Scott Sher, Sharis A. Pozen, William H. Rooney What is Trump Antitrust?

November 2016 2285

Change is in the air and it is coming to antitrust and competition policy in the United States. The unexpected election of President-elect Donald J. Trump opened wide the speculation or mystery about what he and his advisors are planning concerning his administration’s antitrust policy. During (...)

Frederic Jenny, Jorge Padilla, Patrick Hubert Industrial policy and competition policy: Preliminary thoughts (New Frontiers of Antitrust, Paris, 22 February 2013)

May 2013 832

The fourth roundtable of the conference “New frontiers of Antitrust” (Paris, 22 February 2013) was dedicated to "Industrial policy: Can a pro-competition industrial policy exist?". In the first contribution, Frederic Jenny specifies the notions in the matter. Jorge Padilla, author of the (...)

Emmanuel Combe, Marie de Drouas, Patrick Hubert Emmanuel Combe (French Competition Authority): Competition policy, a tool for economic growth and employment

February 2013 874

Interview conducted by Patrick Hubert and Marie de Drouas, Clifford Chance. 1. Can you remind us of your professional and academic background? While studying history at the Ecole Normale Supérieure (Saint Cloud), I discovered the works of great economists, first and foremost Smith, Hayek, (...)

Catherine Prieto, Nadine Mouy, Philippe Rincazaux How to deal with transnational mergers notifications ?

December 2012 538

This set of three papers is derived from the training session organized by the Concurrences Review that was held on 10th July 2012 in Paris. The contributions examine the case of multiple notifications in the context of merger control rules. Concentrations: How to manage multiple (...)

Anne Krenzer, David Bosco, Pablo Amador Sanchez, Philippe Rincazaux How to deal with a leniency request ?

September 2012 933

The French leniency program has been in effect for over a decade, as in the Netherlands. Yet, some issues concerning the application of these original procedures still remain. What is, in practice, their role in the fight against secret cartels? Which requirements of cooperation burden on (...)

Emmanuel Durand, Emmanuelle Claudel, Patrick Hubert Applying for interim measures in antitrust proceedings

May 2012 817

The interim measures proceedings are useful for the plaintiffs, which can find in France an outlet that is closed at the EU level. Often used – too often maybe and not always for good reason - the interim measures proceedings remain however quite difficult to understand both for plaintiffs and (...)

Chimène Faurant, Marie de Drouas, Patrick Hubert The advisory practice of the French Competition Authority

September 2011 1612

This article focuses on the implications for companies of the French competition Authority’s advisory practice, especially those arising from its new power of self-referral. It also provides them with practical tips in order to ensure that the Authority has perfect information and sufficient (...)

David Bosco, Irène Luc, Jean-Christophe Roda, Pascal Cardonnel, Philippe Rincazaux Effect on trade between Member States and anticompetitive practices: A current issue

May 2011 4951

The papers gathered in this section provide various points of views on the notion of effect on commerce between member States in EU law, with some US point of view. Professor David Bosco in a brief introduction focuses on the evolution of the notion. According to Irene Luc, Chief legal officer (...)

Marie-Laure Combet, Patrick Hubert Exploitative abuse: The end of the Paradox ?

February 2011 2523

Whilst the prohibition of exploitative abuse - in particular, of excessive pricing - is normally the most protective of consumers, it is the least frequently prosecuted offence. This paradox, which is justified by the existence of strong conceptual objections and practical difficulties, may (...)

Christian Guénod, Malik Idri Tacit collusion theory in the context of sectoral regulations

December 2010 2840

The abuse of a collective dominant position and the underlying theory of tacit collusion have remained of a delicate use despite some clarifications from the General Court of the European Union. This paper discusses the three criteria defined in the Airtours decision of 2002, their general (...)

Anne le Strat, Emmanuel Glaser, Patrick Hubert, Phillipe Leroy, Pinault Michel Conference - Public authorities and competition : Reasons and limits of public bodies acting as economic undertakings (Round Table II - Paris, 7 May 2010)

September 2010 1968

Reasons and limits of public bodies acting as economic undertakings Michel PINAULT Public authorities, through their power both as potential producers of goods and services and as purchasers of these same goods, are in a fairly central position in the competitive game in our country and (...)

Emmanuel Durand, Marie de Drouas, Patrick Hubert The French Competition Authority, one year on: Users’ points of view

May 2010 3248

This study is a report of the new French Competition Authority’s first year of activity. It is based on the decisions and advices issued by the authority and on an "investigation", during which some users made observations, which they confronted to the initial objectives of the reform. This (...)

Marie-Laure Combet, Noëlle Lenoir State aids in times of financial crisis: Back to Art. 87-3-b EC

May 2009 5469

In response to the severity of the banking crisis of 2008, certain European Union Member States discussed the relevance of continuing to apply Community legislation on State aid. Ultimately, the European Commission stressed the usefulness of such regulation in the avoidance of damaging (...)

Jacques Barrot, Michel Roseau, Pierre Moscovici French EU 2008 Presidency: 3 points of view

May 2008 5517

The French Presidency of EU will start again on 1st of July 2008. Jacques Barrot, deputy President of the European Commission, and Pierre Moscovici, former deputy Secretary for European affairs, deliver their views on the stakes of the French presidency. From Brussels, Jacques Barrot analyses (...)

Michel Roseau The antitrust case law of the Paris Court of Appeal: From judicial review to regulation ?

September 2007 6582

The case law decided by the Court of Appeal of Paris on antitrust cases decided by the French Competition Council raised many new legal issues between 2003 and 2006. This contribution focuses on some illustrations on a global tendency leading to a genuine regulatory role of the Court of Appeal (...)

Michel Roseau Appeals of NCA’s decisions: European comparisons

May 2007 4619

The following synopsis of appeal proceedings aims at delivering the key elements of the different schemes enforced in the 25 countries of the EC for the control of decisions made by national competition authorities. The review includes proceedings relating to antitrust and mergers control. (...)

Bulletin

Foreword

Emily Luken, Jay Jurata Standard-Essential Patents & Competition Law: An overview of EU and national case law

22 November 2018 1656

The extent to which competition law has shaped developments and understandings of standard-essential patents (SEPs) has increased substantially over the past fifteen years. When e-Competitions began publishing, there were very few cases and agency enforcement actions on the topic. The “Smartphone Wars” that played out in the early 2010s altered the landscape significantly and brought about numerous decisions applying competition law and competition law principles to SEPs in Europe, the United States, and Asia. Today, the exact contours of how competition law interacts with SEPs is one of the most hotly debated topics in legal literature. Indeed, a small but vocal minority question whether the issues that arise with respect to SEPs even trigger competition law at all.

Emmanuel Durand, Malik Idri Sport & exclusivity: a synthesis of national case laws

15 September 2014 1773

Introduction to national case laws: Overview of the European Union case-law An indication of the different aspects that the concept of sport involves, and its consequences over the legal rules to be applied, has been given by the European Court of Justice in 1974. At this occasion, a strict (...)

Algeria

Anthony Giustini, Malik Idri The Algerian Competition Authority clears the acquisition of control over the country’s largest mobile phone operator by the Government’s national investment fund (Orascom Telecom Algérie / Fonds National d’Investissement)

18 April 2014 37

On 18 April 2014, VimpelCom announced that it and Global Telecom Holding S.A.E. (GTH) had signed a share purchase agreement for the sale by GTH of a 51% interest in Orascom Telecom Algérie (OTA), which includes Djezzy, the largest mobile-phone operator in Algeria, to the Fonds National (...)

Canada

Emily Luken, Jay Jurata Standard-Essential Patents & Competition Law: An overview of EU and national case law

22 November 2018 1656

European Union

Lars Mesenbrink, Patrick Hubert, Marie-Laure Combet, Malik Idri, Pietro Merlino The EU Commission adopts new Regulations and Guidelines for horizontal cooperation and provides details on the exemption requirements for sustainability agreements and information exchange

1 June 2023 59

On 1 June 2023, the EU Commission has announced the adoption of updated Horizontal Block Exemption Regulations on Research and Development (R&D) and Specialization agreements (HBERs) and revised Horizontal Guidelines. HBERs exclude certain horizontal agreements from the scope of Art. (...)

Saira Henry, Douglas Lahnborg, Boris Marschall The EU Parliament sees its Digital Markets Act enter into force and start the clock on the application of game-changing rules for Big Tech

1 November 2022 528

The EU’s Digital Markets Act (DMA) enters into force on 1 November 2022. It promises to be one of the most significant developments in the history of EU regulation, ushering in a new era for technology companies operating in the EU. In this communication we set out the background to the DMA, (...)

Marie-Laure Combet, Maxence Jonvel The EU General Court endorses the Commission’s new approach to Article 22 EUMR allowing the capture of mergers below the thresholds (Illumina / Grail)

13 July 2022 236

In a judgment dated 13 July 2022 (T-227/21), the General Court of the European Union (the “General Court” or the “Court”) upheld the decision of the European Commission (the “Commission”) whereby the latter accepted to assert its (merger control) jurisdiction over the “below-the-thresholds” (...)

Marie-Laure Combet The European Competition Network and the EU Council publish a joint statement in which they promise to be pragmatic in assessing the behaviour adopted by companies in response to the severe difficulties encountered in connection with Russia’s invasion of Ukraine

22 March 2022 405

After the various measures taken by countries, international organizations and companies to pressure Russia to stop its aggression against Ukraine, it is now the turn of the antitrust enforcers of the European Competition Network (ECN) to make their contribution. They did so by publishing a (...)

Matthew G. Rose, Douglas Lahnborg, Saira Henry, Marie-Laure Combet The EU Commission publishes guidance and expands its jurisdiction by capturing transactions below the jurisdictional thresholds of national and EU merger control regimes

26 March 2021 496

The European Commission (“Commission”) is expanding its jurisdiction over transactions by encouraging national competition authorities (“NCAs”) of the EU Member States to ‘refer’ certain transactions to it that fall below the thresholds for mandatory notification at the EU and the national (...)

Marie-Laure Combet, Boris Marschall The EU Commission publishes new obligations and sanctions for digital gatekeepers

15 December 2020 155

The debate about competition issues and unfair practices specific to online platforms and the appropriate tools to tackle them was taken a step further by the European Commission (‘Commission’), which presented two legislative proposals on 15 December 2020: The Digital Services Act (‘DSA’) and (...)

Douglas Lahnborg, Marie-Laure Combet, Matthew G. Rose The EU Commission goes extraterritorial with its new White Paper that proposes a new set of tools designed to address distortive effects in the internal market caused by subsidies granted by states outside the EU

17 June 2020 206

The EU State Aid regime has long protected the EU internal market from anti-competitive subsidies granted by EU Member States. On 17 June 2020, the European Commission published a White Paper that proposes a new set of tools designed to address distortive effects in the internal market caused (...)

Matthew G. Rose The EU Commission and National Competition Authorities implement remote working for the vast majority of their workforces, presenting challenges in merger control during the COVID-19 outbreak

3 April 2020 174

Like most organisations, the European Commission (the "Commission") and national competition authorities ("NCAs") have implemented remote working for the vast majority of their workforces. This presents unique and unprecedented challenges in merger control, one of the regulatory areas with the (...)

Boris Marschall, Marie-Laure Combet The European Competition Network publishes a brief joint statement on the application of competition law during the COVID-19 crisis

23 March 2020 123

In a welcomed attempt to align their approaches, the antitrust enforcers of the European Competition Network (ECN) have published a brief joint statement on the application of competition law during the Covid-19 crisis. If one may regret that its content remains too high-level, it is an (...)

Maxence Jonvel, Marie-Laure Combet The EU Commission imposes interim measures on a chipmaking company suspected of having put in place contractual restrictions to exclude its competitors from the market (Broadcom)

16 October 2019 124

On June 26, 2019, the EU Commission opened a formal investigation into U.S. chipmaker Broadcom’s alleged abuse of dominance. In a rather unexpected move, the EU Commission informed the company, on the same day, of its intention to impose interim measures, a long-forgotten tool. Broadcom, (...)

Lena Boucon, Marie-Laure Combet The EU General Court dismisses an action in annulment against a decision of the EU Commission declaring compatible an unlimited guarantee granted by France for the indemnification of natural disasters (Scor)

6 May 2019 72

1. Background: Back in 2013, Scor SE (“Scor”), whose subsidiary is engaged on the French market for the reinsurance of risks relating to natural disasters, lodged a complaint with the European Commission alleging unlawful and incompatible State aid in favor of Caisse Centrale de Réassurance (...)

Clemens York von Wartenburg, Craig Falls, Michael Okkonen The EU Commission fines consumer electronics manufacturers for imposing fixed or minimum resale prices on their online retailers (Asus / Denon & Marantz / Philips / Pioneer)

24 July 2018 298

Recent EU Fines for Resale Price Maintenance Are Symptoms of Broader Challenges Faced by Today’s Consumer-Goods Manufacturers The European Commission (the “Commission”) issued four separate decisions on 24 July 2018, fining consumer electronics manufacturers Asus, Denon & Marantz, (...)

Marie-Laure Combet The EU Court of Justice rules that Article 101 TFEU does not apply to circumstances where two separate and competing tenders are submitted by entities controlled by the same parent company (Šiauliai)

17 May 2018 343

Does the EU Court of Justice “Specializuotas transportas” case ring the death knell of the French derogation to intra-group immunity? In its judgment Šiaulių regiono atliekų tvarkymo centras and Ecoservice projektai UAB (Case C-531/16) rendered on May 17, 2018, the EU Court of Justice has (...)

France

Marie-Laure Combet, Quitterie de La Poype The French Competition Authority unconditionally clears a merger in the social housing sector in Guadeloupe and Martinique (Société Action Logement Immobilier / Région et département Guadeloupe / SEMAG)

5 August 2021 64

By decision dated August 5th 2021 (hereafter, the “Decision”), the French Competition Authority (hereafter the ‘FrCA’) unconditionally cleared the acquisition of joint control by Action Logement Immobilier and two local authorities (i.e., the Région and the Département of Guadeloupe) over (...)

Marie-Laure Combet, Elise Durand The French Competition Authority seeks to liberalize distribution of drugs and private medical biology

4 April 2019 31

On April 4, 2019, just three months after the publication of the European Commission (EC) report on “Competition enforcement in the pharmaceutical sector,” the French Competition Authority (FrCA) issued its report n°19-A-08 on “Distribution of drugs and private medical biology.” While the (...)

Marie-Laure Combet, Noëlle Lenoir The French Competition Council finds the incumbent rail operator guilty of implementing discriminatory practices in favor of its online travel subsidiaries and for entering into an anti-competitive partnership (SNCF /Expedia)

5 February 2009 2599

I. Facts The French rail operator SNCF enjoys a legal monopoly on passenger rail transport. However, train tickets themselves are sold through three main distribution channels : SNCF’s physical sales points as well as its merchant website operated by its VSC subsidiary (which altogether (...)

Marie-Laure Combet, Noëlle Lenoir The French State Council delineates an administrative judge’s jurisdiction over governmental decisions when applying Art. 88.3 EC (Comité national des interprofessions des vins à appellations d’origine)

7 November 2008 3846

This is the first time that the French Supreme Administrative Court has had to decide on an application for annulment for refusing to report State measures which may qualify as state aid. The case at stake provided the French Supreme Administrative Court with an opportunity to specify the (...)

Clémentine Cointreau, Marie-Laure Combet, Noëlle Lenoir The Paris Court of Appeal confirms the possibility for a fragrance manufacturer to exclude pure players and to restrict internet sales within its selective distribution network (PMC Distribution / Pacific Création)

18 April 2008 3158

Facts and Ruling In the present case, the dispute arose between Pacific Creation, a fragrance manufacturer and retailer and PMC Distribution (PMC), a pure player which offers branded products exclusively on the Internet. In France, Pacific Creation‘s fragrances are retailed through a (...)

Clémentine Cointreau, Marie-Laure Combet, Noëlle Lenoir The French Competition Authority applies for the second time leniency and highlights discrepancy with EC competition law on concerted practices’ burden of proof (Removals cartel)

18 December 2007 6199

Summary of the decision Following an investigation with dawn raids and seizures initiated further to a leniency application, the French Competition Council has sanctioned a horizontal cartel between twelve companies in the sector of national and international removals to and from France, (...)

Germany

Lars Mesenbrink, Julius Schradin The German Parliament increases turnover thresholds for merger control with the 10th amendment of the Act against Restraints of Competition

19 January 2021 154

In a Nutshell What’s new? Significantly increased turnover thresholds for German merger control. The good Many transactions will no longer be subject to German merger control. This will lead to a much smoother process for lots of transactions, specifically for clients in the tech sector and (...)

Lars Mesenbrink, Julius Schradin The German Parliament passes its 10th amendment to the Competition Act which creates an enforcement tool for the Competition Authority to control the abusive behavior of companies with a paramount cross-market significance for competition

19 January 2021 128

New enforcement tool for the German Federal Cartel Office in the control of abusive behavior of companies with a paramount cross-market significance for competition In a nutshell: What’s new? Introduction of the Concept of Intermediation Power: A dominant position can as of now also result (...)

Lars Mesenbrink, Jay Jurata, Julius Schradin The Regional Court of Düsseldorf questions the EU Court of Justice on SEPs licensing in supply chains (Nokia / Daimler)

26 November 2020 234

In a decision of November 26, 2020 in a patent infringement case of Nokia Technologies Oy against Daimler AG, the Düsseldorf Regional Court (file number 4c O 17/19) referred several questions to the European Court of Justice (ECJ) regarding the licensing of standard essential patents (SEPs) (...)

Lars Mesenbrink, Julius Schradin, Jay Jurata The German Regional Court of Düsseldorf refers several questions to the EU Court of Justice regarding the licensing of standard essential patents within multi-level supply chains (Nokia / Daimler)

26 November 2020 42

This article has been nominated for the 2021 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. In a decision of November 26, 2020, in a patent infringement case of Nokia Technologies Oy against Daimler AG, the Düsseldorf Regional Court (file number 4c O (...)

Italy

Pietro Merlino, Marianna Meriani, Lucrezia Valieri The Italian Court of Milan grants a follow-on damages claim filed by three airlines against an airport’s operator for abuse of dominance (Brussels Airlines / American Airlines / Aegean Airlines / SEA)

15 March 2018 18

Brief summary of facts In case No. A377 - SEA-Tariffe aeroportuali, decided in November 2008, the Italian Competition Authority (ICA) fined SEA, the company operating the two airports of the city of Milan (namely, Linate and Malpensa), for an abuse of dominance consisting in the application (...)

Pietro Merlino, Marianna Meriani, Lucrezia Valieri The Italian Court of Rome, Commercial Chamber dismisses a private damages claim on the grounds that the Claimants failed to demonstrate the causal link between the alleged exclusionary abuse and the alleged harm suffered by the National Healthcare System (Ministry of Health / Ministry of Economy and Finance / Pfizer Italia)

24 July 2017 32

Brief summary of facts In case A431 - Ratiopharm/Pfizer, decided in January 2012, the ICA found that Pfizer had abused of its dominant position in the market for drugs based on prostaglandin analogues by putting in place a strategy aimed at artificially prolonging the patent protection for (...)

Pietro Merlino, Marianna Meriani, Lucrezia Valieri The Italian Court of Milan, Commercial Chamber grants a damages claim filed by a telecommunications firm for the harm it suffered as a result of a margin squeeze (BT Italia / Vodafone)

28 July 2015 15

Brief summary of facts In case A357 - Tele2/TIM-Vodafone-Wind, opened in February 2005, the ICA alleged that mobile phone operators Telecom Italia, Wind and Vodafone had each abused of their dominant position on the wholesale markets for termination services on their respective networks by (...)

Pietro Merlino, Marianna Meriani, Lucrezia Valieri The Italian Supreme Court overturns the Court of Appeal’s dismissal of a private enforcement class action claim against a company that manages a market and leasing the space for abuse of dominance (Comi / Cargest)

4 April 2015 15

Brief summary of facts In 2007, 52 wholesale fruit and vegetable traders operating at the Rome-Guidonia agri-food wholesale market (the "Market") filed a stand-alone action against Cargest, i.e. the company managing the Market and leasing the space to the traders. Claimants alleged that (...)

Pietro Merlino, Marianna Meriani, Lucrezia Valieri The Italian Civil Court of Milan, Commercial Chamber grants a private enforcement claim for damages against an airport for abuse of dominance (Airline Logistic / Globe Air Cargo / Swissport Cargo / Worldair / Sasco / SEA)

14 April 2014 23

Brief summary of facts See above under judgment No. 3011/2018 of the Court of Milan for a description of the ICA’s abuse of dominance decision against SEA in case A377 - SEA-Tariffe aeroportuali. Following the ICA’s decision, in 2011, claimants, which leased from SEA office spaces at the (...)

Federico Perego, Luciano Vasques The Italian Competition Authority grants leniency for the first time, fining 8 companies for a total of € 31 M and granting total immunity to the first leniency applicant (Produttori di pannelli truciolari in legno)

17 May 2007 2912

On 17 May 2007 the Italian National Competition Authority (the «Authority») closed an in-depth investigation concerning an alleged cartel implemented by several Italian chipboard panels’ producers. The relevant product market has been defined as including raw and faced chipboard panels. Being (...)

Poland

Joanna Faruga, Veronika Metonidze The Polish Competition Authority adopts interim measures against the telecommunication incumbent for alleged abuse of its dominant position on the market of domestic and international phone calls (Telekomunikacja Polska - TPSA)

10 October 2005 5538

The interest in this decision stems from the fact that it is concerned with the adoption of interim measures, a remedy recently introduced in Polish law. In August 2005, Netia S.A., an operator alternative to Telekomunikacja Polska S.A., the historic operator in Poland (hereafter, “TP (...)

Joanna Faruga, Veronika Metonidze The Polish Competition Authority condemns five undertakings for bid rigging in local public tender proceedings (Poznan)

21 September 2005 3037

President of the Office of Competition and Consumer Protection (Prezydent Urzedu Ochrony Konkurencji i Konsumentów), September 21st, 2005, Decision n° RPZ-28/2005 concerning the bid rigging between five entrepreneurs during the street and square cleaning services tender in Poznan for the year (...)

Joanna Faruga, Veronika Metonidze The Polish Competition Authority condemns a producer of paid TV programs for abusing of its dominant position in the licensing agreement with the cable TV operator (Automatic Serwis / TVN 24)

15 April 2005 2932

President of the Office of Competition and Consumer Protection (Prezydent Urzedu Ochrony Konkurencji i Konsumentów), April 15th, 2005, Decision n° RBG-15/2005 concerning TVN 24 Sp. z o.o.’ s abuse of the dominant position on the Polish language paid channel markets of 24h news and weather (...)

Joanna Faruga, Veronika Metonidze The Polish Competition Authority establishes that the telecommunications incumbent abused its dominant position concerning pre-selection services (Telekomunikacja Polska)

31 December 2004 4686

On the 31st of December 2004, the President of the Office for the Competition and Consumers Protection (hereafter, “OCCP President” or “President of the Office”) issued a decision in which he condemned the practices of Telekomunikacja Polska S.A. (hereafter “TP S.A.”) concerning the (...)

Joanna Faruga, Veronika Metonidze The Polish competition authority condemns a professional order for minimal price fixing of vet services (Lublin Chamber of Vet Medicine)

29 December 2004 4824

In 2004, the Lublin branch office of the Office for Competition and Consumer Protection (hereafter “OCCP”) opened an antimonopoly investigation concerning the practices of the Chamber of Vet Medicine of Lublin (hereafter, “the Chamber”). Chambers are professional bodies in which membership is (...)

Joanna Faruga, Veronika Metonidze The Polish Competition Court upholds the decision of the Competition Authority declaring a professional order liable for concluding an anticompetitive agreement (Warsaw National Notarial Chamber)

22 December 2004 3338

Competition and Consumer Protection Court (Sad Ochrony Konkurenji i Konsumentów), December 22nd, 2004, Case concerning the National Notarial Chamber’s in Warsaw anticompetitive agreement (sygn. akt XVII Ama 5O/04), not yet published Sad Ochrony Konkurencji i Konsumentów, wyrok z 22/12/2004 w (...)

Joanna Faruga, Veronika Metonidze The Polish Competition Authority fines € 457.000 a pharmaceutical company and its distributor for price fixing and supply limiting agreements (Johnson & Johnson - COMPOL)

28 May 2004 7977

Johnson & Johnson Poland, member of the worldwide group of producing, import-exporting and selling of pharmaceuticals, is in charge of the distribution in Poland of a Swiss made medicine, Eprex. This medicine is used in the treatment of anemia provoked by an insufficient level of (...)

Joanna Faruga, Veronika Metonidze The Polish Competition Authority prohibits an entrepreneur in dominant position to discriminate between national and foreign entrepreneurs (Regional Board of Management of State Forests in Wroclaw)

21 May 2004 3226

In July 2003, the President of the Office for Competition and Consumer Protection (hereafter, OCCP President or President of the Office) received a complaint from Drebszok-Drewpol (hereafter, “DD”) a Polish company having as its major activity exportation of lumber bought from the Regional (...)

Joanna Faruga, Veronika Metonidze The Polish Competition Authority establishes that a town has abused dominant position by limiting the number of resellers for public transportation (Commune W.)

19 September 2003 5902

On September 19th 2003, the President of the Office for the Competition and Consumers Protection (hereafter, OCCP President or, President of the Office) decided that the practice of Commune W. to limit the number of persons eligible to sell fixed term tickets for the city public transportation (...)

United Kingdom

Emma Zarb, Nicola Whiteley, Charlotte Oliver, Matthew G. Rose The UK Competition Authority issues new guidance on avoiding anti-competitive behaviour for employers

9 February 2023 247

The Competition and Markets Authority (the “CMA”) has published new guidance for UK employers on how to avoid anti-competitive behaviour. The aim of this is to ensure staff are paid fairly for their work and can opt to move to another employer where pay and conditions are better. This serves (...)

Saira Henry, Douglas Lahnborg, Matthew G. Rose The UK Department for Business, Energy and Industrial Strategy orders a Chinese firm to unwind its acquisition of a Welsh semiconductor wafer factory on national security grounds, reversing its original position (Nexperia / Newport Wafer Fab)

16 November 2022 889

The UK government has exercised its powers under the UK’s national security and investment regime to unwind Chinese-owned Nexperia’s acquisition of Newport Wafer Fab (“NWF”), a semiconductor wafer factory located in Newport, Wales. This is the third prohibition under this (new) regime and the (...)

Douglas Lahnborg, Matthew G. Rose The UK Competition Authority orders parties to unwind integration during ongoing investigation of completed acquisition (Tobii / Smart box)

28 February 2019 11

For the first time, the UK Competition and Markets Authority (CMA) has flexed its regulatory muscles by ordering the unwinding – during the course of its ongoing investigation – of a completed acquisition. In a demonstration of its willingness to use all of the tools at its disposal – (...)

Emily Luken, Jay Jurata, Matthew G. Rose The UK High Court of Justice issues an injunction prohibiting an undertaking from selling wireless telecommunications products in Britain due to its failure to enter into a worldwide patent license (Unwired Planet / Huawei)

7 June 2017 437

This article has been nominated for the 2018 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. “Between a Rock and a Hard Place”: Unwired Planet v. Huawei and the Dangerous Implications of Worldwide FRAND Licenses I. Introduction The United Kingdom (...)

Matthew G. Rose The UK OFT clears the standard licensing conditions of an association following amendments (Association of Film Distributors)

1 February 2002 525

I. Introduction On 1 February 2002, the UK Office of Fair Trading (“OFT”) published its decision on the amended standard conditions for licensing the commercial exhibition of films (the “Amended Conditions”) notified by the Film Distributors’ Association Ltd (“FDA”) . Following (...)

Elizabeth M Turner The UK Competition Authority grants exemption for UK agreement to preserve and distribute supplies of oil fuel during an oil fuel crisis

25 October 2001 490

I. Introduction On 25 October 2001, the UK Office of Fair Trading (« OFT ») concluded its investigation into a Memorandum of Understanding (« MOU ») concerning the supply of oil fuels in an emergency notified to it by a number of major oil companies. The OFT found that, although the MOU had (...)

Margarita MacFarlane The UK Competition Authority grants exemptions to an agreement aimed to set a multilateral interchange fee in the arrangement for the operation of a network (LINK International Network)

16 October 2001 560

I. Introduction On 16 October 2001, the UK Office of Fair Trading (« OFT ») concluded its investigation into certain agreements for the operation of the LINK network. The OFT found that, although the centrally set multilateral interchange fee for the operation of the LINK network appreciably (...)

United States of America

Eileen M. Cole, Anna Aryankalayil, Craig Falls The US DoJ withdraws policy statements in the healthcare industry to signal an increased scrutiny on mergers, joint ventures, group purchasing and information sharing

3 February 2023 71

The Department of Justice (DoJ) recently withdrew three longstanding health care focused antitrust enforcement policy statements that had provided certain “safety zones” for mergers, joint ventures, group purchasing, and information sharing among industry participants. Without these safety (...)

Danielle Mangogna, Kristin Petersen, Jennifer Clarke-Smith The US FTC announces revised Hart-Scott-Rodino filing thresholds as required by the Act based on the change in the US gross national product

24 January 2022 189

Takeaways The new minimum HSR “Size of Transaction” threshold is increasing from $92 million to $101 million. New thresholds apply to transactions closing on or after February 23, 2022. This $9 million increase is the largest ever annual adjustment to the minimum HSR “Size of Transaction” (...)

Diana Gillis The US FTC decreases the Hart-Scott-Rodino premerger notification thresholds for 2021

2 February 2021 102

Takeaways The new minimum HSR threshold is DECREASING from $94 million to $92 million. New thresholds apply to any transaction closing on or after March 4, 2021. Failure to file may result in a fine of up to $43,792 per day of non-compliance. The HSR Act casts a wide net, catching mergers (...)

Andrew Cook, Robert McKenna The US DOJ files an antitrust complaint against a search engine for abuse of dominance (Google)

20 October 2020 310

On October 20, the U.S. Department of Justice filed its long-awaited antitrust complaint against Google, joined by 11 state Attorneys General (Arkansas, Florida, Georgia, Indiana, Kentucky, Louisiana, Mississippi, Missouri, Montana, South Carolina, and Texas). The lawsuit was filed in the U.S. (...)

Craig Falls, James A. Fishkin, Beverly J. Ang, Jill Ross, Thomas J. Miller The US DoJ and FTC announce HSR rule changes that would increase burdens, especially for asset managers and private equity

21 September 2020 96

Key Takeaways Proposed HSR rule changes would require an acquiring fund to aggregate its holdings with those of its broader fund family. This will substantially increase the number of transactions subject to HSR reporting requirements, especially for asset managers and private equity funds. (...)

Steven E. Bizar, Craig Falls, George Gordon, Shari Ross Lahlou, Thomas J. Miller The US DoJ announces updates to civil investigative demand forms and deposition process

10 September 2020 149

The DOJ’s Antitrust Division announced updates late last week to its Civil Investigative Demand (CID) form, explicitly codifying it intent to potentially use materials received in response to CIDs to launch secondary investigations or refer matters to other government enforcement authorities (...)

James A. Fishkin, Craig Falls The US DoJ and FTC jointly announce an expedited process to review proposed competitor collaborations specifically related to COVID-19

24 March 2020 206

Efforts to combat the COVID-19 pandemic or to respond to related supply shocks or other collateral consequences may give companies reason to collaborate with competitors in ways that could benefit the public, but which involve antitrust risk. In order to facilitate procompetitive (...)

Jay Jurata, Emily Luken The US DoJ and PTO issue a policy statement on standard-essential patents subject to a commitment to license on FRAND terms

19 December 2019 153

After withdrawing support from a 2013 policy statement on appropriate remedies for standard-essential patents subject to a commitment to license on fair, reasonable and nondiscriminatory terms, the U.S. Department of Justice’s Antitrust Division and the U.S. Patent and Trademark Office, along (...)

Diana Gillis, Amy Ray The US FTC orders the unwinding of a merger that was not HSR-reportable between two companies supplying prosthetics (Otto Bock / Freedom)

1 November 2019 54

The HSR Act requires that parties to certain transactions submit a premerger notification filing to the Department of Justice Antitrust Division (DOJ) and Federal Trade Commission (FTC), and then observe a waiting period before closing. Any transaction valued in excess of the HSR threshold – (...)

Emily Luken, James J. Tierney The US DoJ leaves the door open to offering proof that harm to innovation in the market for airline bookings is separate and independent basis to block a merger (Sabre / Farelogix)

20 August 2019 107

In its recent complaint challenging the $360 million acquisition of Farelogix by Sabre, the Department of Justice (“DOJ”) appears to have left the door open to offering proof that harm to innovation in the market for airline bookings is a separate and independent basis to block the merger. (...)

Howard Ullman, Jason Yu The United States Court of Appeal for the Ninth Circuit issues a decision on the applicability of non-competes to business agreements (Ixchel Pharma / Biogen)

16 July 2019 36

The Ninth Circuit recently certified a question to the California Supreme Court regarding the scope of California Business & Professions Code Section 16600. As readers of the Orrick Trade Secrets Watch blog are likely aware, Section 16600 states that “[e]very contract by which anyone is (...)

James J. Tierney, Elena Kamenir The US DOJ publishes statements clarifying its analysis of no-poach agreements

3 July 2019 42

Since issuing the DOJ/FTC Antitrust Guidance for Human Resource Professionals in 2016, the DOJ Antitrust Division has remained active in enforcing and commenting on agreements among employers not to compete for hiring employees (“no-poach” agreements). DOJ filed several statements of interest (...)

James J. Tierney The US District Court for the Southern District of New York receives a complaint from a manufacturer of refrigeration compressors that a would-be acquirer failed to discharge its obligations under a "hell or high water" clause (Whirlpool / Nidec)

8 March 2019 42

The phrase “come hell or high water” is said to have originated in the late 1800s in reference to the conditions cattle herders encountered when they trekked from Texas to the Midwest across large prairies in the summer heat and through deep rivers. In the merger context, a hell or high water (...)

Emily Luken, Jay Jurata The US DoJ files a statement asking the Court to order an additional briefing and to hold a hearing on a remedy if it finds a semiconductor company liable for anticompetitive abuses in connection with its patent licensing program (Qualcomm)

5 February 2019 87

This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. In a highly unusual move, the U.S. Department of Justice Antitrust Division (DOJ) recently led a statement of interest in the Federal Trade Commission (FTC)’s (...)

Emily Luken, James J. Tierney The U.S. District Court for the District of Columbia holds hearing to decide whether to enter the proposed Final Judgment requiring the divestiture of a Medicare business due to competition concerns raised by the DoJ (CVS /Aetna)

10 October 2018 27

On June 4 – 5, 2019, Judge Richard J. Leon of the U.S. District Court for the District of Columbia held an extraordinary and unprecedented evidentiary hearing to decide whether to enter the proposed Final Judgment in U.S. v. CVS/Aetna requiring the divestiture of Aetna’s Medicare Part D (...)

Events

30 Mar 2022 Paris Private Enforcement in the EU: 2022 State of play See documents

27 Oct 2021 Webinar Antitrust in Developing & Emerging Economies #2 Cross Border and Multinational Mergers: Impact on Development See documents

6 Oct 2021 Paris New Concurrences Book Collection See documents

30 Mar 2021 Webinar Private Enforcement #2 Assessment of damages: Current challenges See documents

9 Dec 2020 Online The Global Antitrust Economics Conference: AI in Antitrust See documents

6 Nov 2020 Webinar 11th New Frontiers of Antitrust Conference #4 Sustainable development: What role for competition law and policy? See documents

29 Oct 2020 Online Antitrust and Developing Economies in an Era of Crises - Webinar #2: Big Data, Platforms And Internet Of Things: A Challenge To Developing Countries See documents