RBB Economics

Review

Simon Bishop, Mike Walker The Economics of EC Competition Law (ed.3)

December 2010 89

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 (...)

Jonathan Parker, Adrian Majumdar UK Merger Control (ed.2), Jonathan PARKER and Adrian MAJUMDAR

November 2016 143

Luke Kelly, David Unterhalter, Paula Youens, Isabel Goodman, Patrick Smith Principles of Competition Law in South Africa, Luke KELLY, David UNTERHALTER, Paula YOUENS, Isabel GOODMAN and Patrick SMITH

November 2017 112

Alain Ronzano, Christelle Adjémian, Mathilde Brabant, Emmanuel Frot, Benjamin Thomas Competition Journals: July - September 2021

November 2021 1605

This section of the review Concurrences selects articles and working papers on themes related to competition laws and economics, mainly, but not only, in the English and French languages. This compilation does not attempt to be exhaustive but rather a survey on themes important in the area. The (...)

Carles Esteva Mosso, Benoît Durand Carles Esteva Mosso: Looking back at his experience at the European Commission

September 2021 2876

Interview conducted by Benoît Durand, Partner, RBB Economics, Brussels/Paris The most important merger decisions Between 2014 and 2019, you were deputy director-general for mergers, but your experience with merger control starts well before that, notably when you were a member of the Merger (...)

Catherine Prieto, Laurence Idot, Emmanuel Combe, Anne Wachsmann, David Bosco, Etienne Pfister, Mathilde Poulain, Marie-Cecile Rameau, Josep M. Carpi Badia, Etienne Chantrel, Didier Theophile, Guy Canivet, Rafael P. Amaro, Henri Piffaut, Doris Hildebrand, Paulo Burnier da Silveira, Fatma El-Zahraa Adel The integration of public interest considerations in the application of competition rules (26 Nov 2020)

May 2021 2944

The integration of public interest considerations is not only desirable, but possible because of the permeability of the competition rules to the reception of well-being by the competitive parameters of quality, choice and innovation in addition to that of price. The scope for progress depends (...)

Etienne Chantrel, Jean-Mathieu Cot, Etienne Pfister, Séverine Schrameck Should ex post merger reviews be more widespread?

February 2020 997

This series of articles analyses French competition policy in the field of merger control; in particular it addresses the issue of the implementation of the ex post evaluation mechanism. This set is introduced by Jean-Mathieu Cot (COT LAW), and gathers contributions from Séverine Schrameck (...)

Tristan Lécuyer Digital conglomerates and killer acquisitions: A discussion of the competitive effects of start-up acquisitions by digital platforms

February 2020 3226

Digital platforms are growingly suspected to acquire promising start-up companies to “kill” future competition (the “killer acquisition” concern) and/or extend their domination by acquiring complementary services in neighbouring markets resulting in marginalisation of rivals and higher barriers to (...)

Guillaume Duquesne, Karthik Balisagar, Miguel de la Mano, Renato Nazzini, Thomas P. Brown The implications of bitcoin for competition, antitrust, and regulation in the banking industry

February 2019 1141

This series of articles explores the implications of blockhain for competition in the banking industry. Each of the articles takes a slightly different perspective on the issue. The first explores whether existing antitrust doctrine is suitable for assessing the potential benefits and harms (...)

Anne Perrot, Etienne Pfister, Jacques-Philippe Gunther Excessive prices (Nasse Seminar - Paris, 27th September 2017)

February 2018 242

During the Nasse Seminar organized the 27th of September of 2017, Anne Perrot (associate at the consulting firm MAPP) and Jacques-Philippe Gunther (lawyer at Willkie Farr & Gallagher LLP) talked about excessive prices. The seminar was animed by Etienne Pfister, chief of economic (...)

Emmanuel Combe, Etienne Pfister, Jérôme Philippe Selective distribution : Evolutions and application to the luxury sector (Nasse Seminar - Paris, 24th May 2018)

September 2018 1159

During the Nasse Seminar organized the 24th of May of 2018, Emmanuel Combe (Vice-president of the Competition authority) and Jérôme Philippe (economist, lawyer at Freshfields Brukhaus Dringer) talked about the selective distribution, its evolution and its application to the luxury sector. The (...)

Benoît Durand, Tommaso Valletti Tommaso Valletti (DG COMP): Economics in competition law - Working together

November 2017 1138

Tommaso Valletti, Chief Competition Economist at the DG COMP since september 2016, assesses the role of the chief competition economist (CEE) and the necessary interaction between economics and competition law in this interview conducted by Benoît Durand, RBB Economics, Brussels. The chief (...)

Ariel Ezrachi, Cédric Nouël de Buzonnière, Etienne Pfister, Maurice Stucke, Michael Cousin, Olivier Sautel Algorithmic pricing and competition

November 2017 1911

This On-Topic discusses the development of algorithmic pricing and the issues it raises for competition law enforcers. Algorithmic pricing may facilitate tacit or express collusion and even generate new forms of collusion against which traditional tools of competition law enforcement must be (...)

Etienne Pfister, Jacques Cremer, Jérôme Philippe The competition between digital platforms (Nasse Seminar - Paris, 22nd June 2016)

November 2016 212

During the Nasse Seminar organized the 22nd of June of 2016, Jérôme Philippe and Jacques Crémer talked about the competition between digital platforms. This seminar was presented by Etienne Pfister, chief of the economic department of the Competition authority. Introduction by Etienne Pfister (...)

Hélène Bourguignon, Meryem Haraj Touzani vGUPPIs: An interesting tool for the analysis of vertical mergers

November 2016 453

This article provides an insight on a recently developed economic tool : vGUPPIs (vertical Gross Upward Pricing Pressure Indexes), and on how it might be valuable for competition practitioners. After first reminding the principle of GUPPIs in horizontal mergers and the wide use competition (...)

Etienne Pfister, Laurent Flochel, Maya Bacache-Beauvallet, Virginie Beaumeunier The reform of regulated professions (Nasse Seminar - Paris, 20th September 2016)

September 2016 100

During the Nasse Seminar organized the 20th of September of 2016, Virginie Beaumeunier (Deputy General Rapporteur of the Competition Authority), Maya Bacache (Professor of economics, Telecom ParisTech) and Laurent Flochel (economist, vice-president of Charles River Associates firm) talked ad (...)

Francesco Rosati, Marc Abenhaïm, Martine Karsenty-Ricard New online business practices : Distorting and/or stimulating competition ?

January 2015 1483

The practice of electronic reverse auctions is covered in France since the Law of August 2, 2005 (“Loi Dutreil”), slightly modified by a Law of January 3, 2008, and introduced in our commercial code under the Article L 442-10. This Article provides for the conditions of validity of the contract (...)

Etienne Pfister, Raphaël De Coninck, Susan Hinchliffe Minority shareholdings and interlocking directorates

September 2013 1019

This set of contributions presents the various competitive effects associated with minority shareholdings. It also considers how these effects can be dealt with either through notifications to the competition authority, especially with the case of the German and British legislations, or through (...)

David Sevy, Etienne Pfister Étienne Pfister (French Competition Authority): The role of the Chief Economist Team at the French Competition Authority

September 2013 1125

Interview conducted by David Sevy Compass Lexecon. You are the new Chief Economist of the Competition Authority as of 1 May 2013. Where and when did your interest in market regulation and competition policy in particular originate, and how does it fit in with your background? My doctoral (...)

Andrea Lofaro, Bernard Amory, Jan Peter van der Veer, Laurent de Muyter Opening competition in protected sectors: Should new entrants be protected? (New Frontiers of Antitrust, Paris, 22 February 2013)

May 2013 761

This first roundtable of the conference “New frontiers of Antitrust”, Paris, 22th of February 2013, was dedicated to « Opening competition in protected sectors: Should new entrants be protected?». Bernard Amory and Laurent de Muyter, authors of the first contribution, provide some thoughts on the (...)

Etienne Pfister, Gildas de Muizon, Joseph Vogel De minimis agreements: Should they be sanctioned?

February 2013 3057

The De minimis communication of the European Commission defines under which conditions agreements between firms will not be considered to restrict competition in a sensitive way. The three contributions in this article discuss its effectiveness in promoting legal security for firms, especially (...)

Andreas Bardong, Céline Gauer, David Bosco, Etienne Pfister, Katrin Schallenberg, Oliver Bretz, Simon Genevaz, Tad Lipsky Market tests in antitrust and merger control proceedings

February 2013 2156

Nowadays, commitments decisions of the competition authorities are, most of the time, preceded by a consultation of third parties. These "market tests" have become a central step of the antitrust procedure and merger control. The authors of this Tendances present their experience in using this (...)

Anne Perrot, Eric Barbier de la Serre, Eric Morgan de Rivery, Francesco Rosati Pricing practices: Bundled sales and rebates

May 2012 2538

Firms often choose to sell several products as a bundle, associated with a rebate. In other cases, they offer rebates to those clients who commit to buy their products for a long period of time, or for a high volume. In many cases, these various rebates only pass on to consumers the economies (...)

Benoît Durand Merger simulation is back: Should we worry about it?

May 2012 540

In recent decisions involving fast-moving consumer goods, the European Commission has relied on merger simulation models to predict the likely effect of horizontal mergers. Is this the beginning of a new trend? The merger simulation label contains a variety of models, and if all merger (...)

David Spector, Etienne Pfister, Joseph Vogel Distribution networks and competition law

February 2012 2625

Paradoxically, competition law today is frequently used more as a weapon of defence than to challenge networks, and notably against certain rules of national law. When relied on as a means of challenging networks, competition law is mainly used either to circumvent the networks, or to gain (...)

Emmanuel Combe, Francesco Rosati, Igor Simic The passing-on defence theory

December 2011 2746

This set of three papers are derived from the training session on the “Passing on defence” organized by Concurrences Review that has held on 5th July 2011 in Paris. The first contribution written by the economist Emmanuel Combe is dedicated to the definition of the fundamental notions. The second (...)

Catherine Vautrin, Claire Chambolle, Clémence Christin, Etienne Pfister, Marie-Laure Allain, Michael Cousin, Serge Papin, Thierry Dahan New aspects of grocery retail sector regulation

December 2011 3170

Both aspects of the grocery retail sector regulation, i.e. the rules on unfair behaviours and those governing the market structures have evolved in different ways since 2005. Further to the Competition Authority’s opinion of 17 December 2010 discussions moved toward the relevance of more (...)

Francesco Rosati, Joseph Vogel, Louis Vogel, Stéphane Dewulf, Thibaud Vergé Economics of supplier-distributor relationships

February 2011 3018

This set of three papers is derived from the training session on the supplier-distributor relationships organised by Concurrences Review that has held on 22th October 2010 in Paris. The first contribution written by Mr.Joseph Vogel and Mr. Louis Vogel, is dedicated to the consideration of the (...)

Benoît Durand Defining relevant market: Do not forget the hypothetical monopolist test

December 2010 3723

There is no alternative to the hypothetical monopolist test to define the relevant market. Even though the test is difficult to apply, adopting other alternatives such as that advocated by the French competition authority in its merger guidelines is a risky venture. However, the hypothetical (...)

David Spector, Etienne Pfister, Olivier Fréget Predatory strategies

December 2010 3295

This set of three papers is derived from the training session on the predatory strategies organised by Concurrences Review that has held on 5th July 2010 in Paris. The first paper is a short introduction of the Economist Etienne Pfister presenting the preemptive strategies and how these (...)

Fabio Bortolotti, Francesco Rosati, Nicolas Genty Roundtable IV-Agency(Paris, 27 May 2010)

September 2010 1963

This 4th roundtable of the Paris 27 May 2010 conference was dedicated to the issue of agency. The application of the prohibition of restrictive agreements to agency agreements remains particularly tricky to deal with. The European Commission applying its theory elaborated throughout its (...)

Etienne Pfister, Gautier Duflos Exclusive supply agreements and competition : Application in the iPhone case

September 2010 2750

This article reviews the various potential effects of exclusive supply agreements on competition and firm investments and compares it to the reasoning made by the Conseil or Autorité de la concurrence in its decisions. In particular, this analytical framework is put into perspective with the (...)

David Sevy, Frank Verboven, Gunnar Niels, Raphaël De Coninck, Robin Noble, Theon van Dijk Competition damage evaluation: A short state-of-play

September 2010 2637

This mini-symposium takes stock of practical advances in competition damage evaluation. Combining perspectives from competition authorities, academics and practitioners respectively, it shows the existence of common principles and a set of widely accepted methods to calculate damages that may (...)

Benoît Durand, Thibaud Vergé Thibaud Vergé (French Competition Authority): An academic at the economic service of the French Competition Authority

May 2010 2256

1 The CCLA has a strong interest in mass distribution. Recently, it has recently carried out a self-investigation to investigate the practice of "category management" between food retail operators and some of their suppliers. In the past, other competition authorities have also taken an (...)

Christian Ehmer, Francesco Rosati Science, myth and fines: Do cartels typically raise prices by 25%?

December 2009 4351

The assessment and quantification of the (price) effects of cartels plays an increasingly important role not only in the setting of fines in actual cases but also in policy discussions, both on the European and on the national level. Competition policy aimed at achieving optimal cartel (...)

Assimakis Komninos, Florence Ninane, Francesco Rosati, Geoffrey D. Oliver, Hendrik Bourgeois, Ioannis Lianos, James Killick, Johanne Peyre, Niamh McCarthy, Philippe Choné The EU guidance on exclusionary abuses: A step forward or a missed opportunity?

May 2009 6907

What are the consequences for business of the Commission’s Communication on Article 82 of the Treaty? Does it make the Commission’s action more predictable? Does the use of a wide range of economic criteria reduce the risk that pro-competitive practices by dominant companies will be considered (...)

Etienne Pfister Buying power and competition policy

February 2009 4547

La puissance d’achat a fait l’objet ces dernières années de nombreux rapports et forums en droit de la concurrence. Dans le cas français, elle est sans doute appelée à jouer un rôle accru dans le jeu concurrentiel en vertu des réformes récentes de la réglementation de la distribution de détail. Cet (...)

Matthijs Visser Complex merger cleared : The European Commission clears complex merger of Dutch dairy cooperatives Friesland Foods and Campina after in-depth investigation (Friesland / Campina)

17 December 2008 2366

Introduction Decision of the European Commission of 17 December 2008 in case M.5046, Friesland/Campina 1. On 17 December 2008, the European Commission cleared the merger of Dutch dairy cooperatives Friesland Foods and Campina after a Phase II inquiry. The case is likely to be one of the (...)

Francesco Rosati Exchanges of information and other coordinated conducts: The need for theory of harm

December 2008 7176

We argue that a rigorous assessment of coordinated conduct must be based on a clear and coherent theory of competitive harm. Crucially, this holds for the assessment of the object as well as for the analysis of the effects of the alleged infringement. At a minimum, this theory needs to show how (...)

Etienne Pfister Price discrimination and negociability of retail provisions: An economic analysis

September 2008 6971

This article surveys the conclusions of theoretical models evaluating the impact of a ban on price discrimination in input markets. Then it considers the potential gains associated with the negociability of general terms of sales, compared to a reform allowing retailers to diminish their (...)

Etienne Pfister Regulation of the supplier-retailer commercial relationships: An overview of 17 European countries regimes

September 2008 3994

This article presents the results of a survey carried out by the Competition Council for the mission chaired by Marie-Dominique Hagelsteen on the negotiability of general terms and conditions of sale. It shows that, despite concerns about the abuse of buying power sometimes allegedly committed (...)

Francesco Rosati Is merger assessment different in two-sided markets? Lessons from Travelport/Worldspan

May 2008 5838

The economic theory of two-sided markets has been applied by competition authorities in a number of recent merger cases and is explicitly discussed in the new French merger guidelines. It is often claimed that two-sided markets, which may be found in industries as diverse as media, game (...)

Benoît Durand Two-sided markets: Yin and Yang, a review of recent UK mergers

May 2008 5194

Economic literature is warning us that applying a one-sided market logic in two sided markets is bound to generate some errors when assessing the extent of competition between firms. This article reviews some recent UK merger decisions in two-sided market industries and found that in all (...)

Bulletin

Foreword

Daniel Gore Market definition in merger control: An overview of EU and national case law

6 February 2020 1756

Market definition has long lain at the heart of competition law and economics, and rumours of its death in recent years remain greatly exaggerated. Market definition remains a central topic of debate at the highest levels of competition policy : EU Commission President von der Leyen has reportedly mooted a reconsideration of how market definition is assessed, while Commissioner Vestager has announced that the first initiative of her second term will be a review of the 1997 Notice on Market Definition. This review is expected to encompass, inter alia, market definition for digital markets and the scope of geographic markets in light of continued globalisation.

Linda Gratz, Theon van Dijk Margin squeeze: Recent developments in EU and national case law

5 April 2018 2922

Dominant undertakings, which are active in upstream and downstream markets, can squeeze margins of their downstream competitors by setting a relatively high price upstream (the input costs of their downstream competitors) and a relatively low price downstream. As margin squeeze can lead to foreclosure of downstream competitors, it constitutes a potential price-based exclusionary conduct by dominant undertakings, which is dealt with under Article 102 TFEU.

Daniel Gore, Stephen Lewis Market definition in merger control: An overview of EU and national case law

17 May 2016 1025

1. Introduction Market definition has long played a central role in the conceptual and practical application of competition law, often having a decisive impact on the outcome of merger investigations. Deutsche Börse/NYSE, for example, was cleared in the US but blocked by the European (...)

Bojana Ignjatovic, Patrick Smith Market definition: An overview of EU and national case law

12 June 2014 365

1. Introduction The Court of Justice has consistently ruled, since Continental Can in 1973, that a market must be defined as the starting point of investigations in dominance and merger inquiries , while the US Supreme Court has similarly maintained a consistent line that markets are defined (...)

Australia

Chris Whelan, Jack Mays The Australian Federal Court approves a merger between an incumbent and a potential entrant in the retail mobile market (Vodafone / TPG)

13 February 2020 162

1.Introduction On 13 February 2020, the Federal Court of Australia (Federal Court) declared that the proposed merger between Vodafone Hutchison Australia (Vodafone) and TPG Telecom (TPG) (Vodafone / TPG) was unlikely to lead to a significant lessening of competition in the Australian retail (...)

Derek Ridyard, George Siolis The Australian Competition Authority grants for the first time a conditional authorisation to engage in resale price maintenance (Tooltechnic Systems)

5 December 2014 239

Refining its Tool Kit – The ACCC’s decision to authorise RPM in the Tooltechnic case* In December 2014 Australia’s Competition and Consumer Commission (“the ACCC”) granted conditional authorisation to Tooltechnic Systems (Australia) Pty Ltd (“Tooltechnic”) to engage in minimum resale price (...)

European Union

André Pretorius, Henar González Durántez, Kristien Geeurickx, Kyriakos Fountoukakos, Michael Dietrich, Sergio Sorinas The EU Court of Justice rules on issues concerning retroactive rebates and the procedures through which these rebates can be characterized as abusive (Post Danmark II)

6 October 2015 330

This article has been nominated for the 2016 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Introduction On 6 October 2015, the European Court of Justice (the Court) issued its preliminary ruling in Post Danmark A/S v Konkurrencerådet (Competition (...)

Jan Peter van der Veer The European Commission publishes a Practical Guide to the quantification of harm

11 June 2013 142

Actions for damages – a Practical Guide to the quantification of harm* Together with the publication of its proposed legislation to facilitate damage claims, the Commission has published a Practical Guide to the quantification of harm arising from infringements of the competition rules. The (...)

Jan Peter van der Veer The EU Commission publishes a green paper on unfair trading practices in the business-to-business food and non-food supply chain

31 January 2013 295

Entering uncharted territory: the Commission’s thinking on territorial supply constraints* On 31 January 2013, the European Commission (DG Internal Market) published a Green Paper on unfair trading practices in the business-to-business food and non-food supply chain in Europe. One of the issues (...)

Jan Peter van der Veer The EU Commission adopts a decision declaring a merger compatible with the internal market and the functioning of the EEA (Hutchison 3G Austria / Orange Austria)

12 December 2012 455

H3G/Orange Austria – Commission starts using UPP* On 24 July, the Commission published the non-confidential version of the decision in the Hutchison 3G Austria/Orange Austria case. The case, cleared subject to commitments following a Phase II investigation, represents a significant development (...)

Jan Peter van der Veer The EU Commission publishes a revised version of its best practices for the submission of economic evidence and data collection in competition cases

17 October 2011 559

The Commission’s Best Practices for the Submission of Economic Evidence: Improved, but still lacking in key areas* On 17 October, the Commission published a revised version of its Best Practices for the submission of economic evidence and data collection in competition cases (“BP”). The first (...)

Jan Peter van der Veer The EU Commission clears a merger subject to remedies, based on a simulation (Unilever / Sara Lee)

17 November 2010 708

Unilever/Sara Lee – The return of merger simulation?* In late January 2012, the Commission finally published the non-confidential version of its decision in Unilever/Sara Lee Body Care (adopted in November 2010). The decision, reached after a Phase II investigation, is notable because it marks (...)

Bojana Ignjatovic, Tania Van den Brande The EU Commission conditionally approves a merger in the body and laundry care industries (Unilever / Sara Lee)

17 November 2010 219

This article has been nominated for the 2013 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Roll on demand estimation: the EC’s empirical analysis in Unilever/Sara Lee* The European Commission’s decision on Unilever/Sara Lee represents an important step (...)

Andrea Lofaro The EU Commission clears in Phase II a merger in computer programming activities sector conducting the economic analysis based on a dynamic theory of harm (Oracle / Sun Microsystems)

21 January 2010 795

A few thoughts on Oracle’s Sun takeover and Widenius appeal* On Friday 2nd July, Monty Widenius, founder of open source database company MySQL, owned by Sun, filed an appeal against the European Commission’s unconditional clearance of the merger between Oracle and Sun Microsystems. The main (...)

Michael Dietrich, Vitaly Pruzhansky The EU Commission clears a merger between two major dairy cooperatives in the Netherlands, subject to remedies (Friesland Foods / Campina)

17 December 2008 1651

I. Background In December 2008, the European Commission (EC) cleared the proposed merger between the two largest dairy cooperatives in the Netherlands: Friesland Foods and Campina. The clearance came after a Phase II investigation, subject to commitments offered by the parties. The EC (...)

Axel Specker, Fabio Polverino, Gregor Langus, Jean-Christophe Mauger, Martine Lissens, Miguel de la Mano, Patrick D’Souza, Szabolcs Lorincz The EU Commission conditionally approves a merger between two Dutch dairy cooperatives (Friesland Foods / Campina)

17 December 2008 1379

Friesland Foods/Campina: a merger between two Dutch dairy cooperatives approved with a set of comprehensive remedies* I. Introduction The Friesland Foods/Campinacase (M.5046), which concerned a full legal merger between the two leading Dutch dairy producers, covered the entire production (...)

Matthijs Visser The EU Commission clears a complex merger of Dutch dairy cooperatives after an in-depth investigation (Friesland Foods / Campina)

17 December 2008 773

Introduction 1. On 17 December 2008, the European Commission cleared the merger of Dutch dairy cooperatives Friesland Foods and Campina after a Phase II inquiry. The case is likely to be one of the largest and most complex Dutch merger cases ever dealt with by the Commission, due to significant (...)

Andrea Amelio, Miguel de la Mano, Pablo Asbo, Ruben Maximiano, Viktor Porubsky The EU Commission conditionally approves a merger in the baking industry after analysis of possible coordinated effects (ABF / GBI)

23 September 2008 787

ABF/GBI Business: coordinated effects baked again* I. Introduction Just a few months after the Court of Justice gave a key ruling in Sony/BMG v Impala, the Commission adopted its decision in the ABF/GBI Businesscase. This was the first case since Airtoursin which the Commission intervened (...)

Francesco Rosati The European Commission clears an acquisition in the global distribution systems sector (Travelport/Worldspan)

21 August 2007 146

Introduction 1. In a number of recent merger cases authorities have applied concepts from the economic theory of “two-sided” markets . Indeed, the new French merger guidelines devote one section to this type of cases. It is often claimed that mergers in such markets require a specific (...)

Miguel de la Mano, Nicola Pesaresi, Oliver Stehmann The EU Commission prohibits a merger in the airline industry using econometric and surveys evidence to assess the non-coordinated effects of the merger (Ryanair / Aer Lingus)

27 June 2007 618

"Econometric and survey evidence in the competitive assessment of the Ryanair-Aer Lingus merger"* I. Introduction Recently, the Commission prohibited the hostile takeover by Ryanair of Aer Lingus. The facts of this case differ from previous airline mergers assessed by the European Commission. (...)

Alessandro Paolicchi, Miguel de la Mano, Pierre Lahbabi, Sophie Moonen The EU Commission conditionally approves the acquisition of two subsidiaries of the incumbent oil and gas Hungarian company by a German energy supplier (MOL / E.ON)

21 December 2005 1108

"A combination of gas release programmes and ownership unbundling as remedy to a problematic energy merger: E.ON / MOL"* 1. Introduction Following an in-depth investigation, on 21 December 2005, the Commission approved under the EU Merger Regulation the acquisition of MOL WMT and MOL Storage, (...)

Benoît Durand, Valérie Rabassa The European Commission receives a notification for the proposed acquisition of a producer in the acetyls and plastic business by a U.S. private merchant-banking company addressing the issue of the role of quantitative analysis to delineate antitrust markets (Blackstone/Acetex)

20 January 2005 550

"The role of quantitative analysis to delineate antitrust markets: An example. Blackstone / Acetex"* Introduction On 20 January 2005, the Commission received a notification for the proposed acquisition of Acetex, an active producer in the acetyls and plastic business, by Blackstone, a U.S. (...)

Benoît Durand, François-Xavier Rouxel, Guillaume Loriot The EU Commission approves, subject to remedies, a merger in the medical devices market giving a practical example of the use of quantitative analyses in merger control (GE Medical Systems / Instrumentarium)

2 September 2003 490

"GE/Instrumentarium: a practical example of the use of quantitative analyses in merger control"* On 2 September 2003, the European Commission approved, subject to conditions, the acquisition by General Electric Medical Systems (‘GE’) of the Finnish firm Instrumentarium. The Commission was (...)

Gudrun Schmidt, Holger Dieckmann, Matthijs Visser, Nils Von Hinten-Reed The European Commission fines two brewer companies for supplying incorrect and misleading information in a merger case (Anheuser-Busch and Scottish & Newcastle)

14 December 1999 560

"Commission fines Deutsche Post, KLM, Anheuser-Busch and Scottish & Newcastle for supplying incorrect or misleading information in competition procedures"* On 14 December 1999, the Commission adopted three decisions by which it imposed two fines of 50.000 Euro on Deutsche Post, a fine of (...)

Gudrun Schmidt, Holger Dieckmann, Matthijs Visser, Nils Von Hinten-Reed The European Commission fines Dutch airline company for supplying incorrect and misleading information in a merger case (KLM)

14 December 1999 506

Gudrun Schmidt, Holger Dieckmann, Matthijs Visser, Nils Von Hinten-Reed The European Commission fines German postal incumbent for supplying incorrect and misleading information in a merger case (Deutsche Post)

14 December 1999 484

Matthijs Visser, Rüdiger Dohms The EU Commission fines a cartel of British sugar producers and merchants (Tate & Lyte / Napier Brown / James Budgett)

14 October 1998 629

"The Commission fines a cartel of British sugar producers and merchants"* On 14 October 1998, the Commission adopted a Decision by which fines have been imposed on the sugar producers British Sugar and Tate & Lyle, as well as the sugar merchants Napier Brown and James Budgett for violation (...)

France

Daria Prigioni The French Ministry of Economics unconditionally clears a merger of companies providing beverages to the catering and the foodservice industries after ruling out potential vertical effects on competition (Pedandel SAS/Sedab/Vision/CaféIn)

5 March 2009 1544

The firm Pedandel SAS (hereafter “Pedandel” or “Groupe Bertrand Distribution”) acquired the companies making up part of the French distribution subsidiary of Anheuser-Busch Inbev (hereafter “ABI”). Pedandel is active in the provision and distribution of beverages (including beer, mineral water and (...)

Tania Van den Brande The French Minister of economics clears a telecom merger without remedies after investigating possible coordinated effects and elimination of a maverick (Iliad / Liberty Surf)

22 August 2008 1900

Introduction On 23 October 2008 the French Minister of Economy (MoE) cleared the acquisition of Liberty Surf by Iliad without any conditions. Both Iliad and Liberty Surf (hereafter "Surf") are active in the Telecom sector, providing internet and landline telephone access in France. Surf is (...)

Francesco Rosati, Petr Janda The French Minister of Economy requires commitments to address possible horizontal and conglomerate effects in a merger of a mobile network and pay-TV operator and an Internet service provider (SFR / Neuf Cegetel)

15 April 2008 3665

Introduction On 15 April 2008, the French Minister of Economy (hereafter, the Minister) cleared the proposed acquisition by Société Française du Radiotéléphone (SFR) of a majority share of Neuf Cegetel, subject to remedies. The transaction raised conglomerate issues in the markets for broadband (...)

Laure Schulz, Patricia Perennes The Paris Court of Appeal rebuts the decision of the Competition Council regarding practices in the market of distribution of pharmaceutical products (GlaxoSmithKline)

8 April 2008 8116

Presentation 1. For the first time of its existence, on 14 March 2007, the French Competition Council (thereafter “CC”) had decided to sanction a firm for predatory pricing, namely GlaxoSmithKline (thereafter “GSK“) for an amount of 10 million euro. GSK appealed to this Decision. On 8 April 2008, (...)

David Sevy, Laure Schulz The French Competition Authority rejects a claim for interim measures regarding access to the incumbent’s civil engineering infrastructure for rolling-out fiber (Free / France Télécom)

12 February 2008 6034

Presentation Context of the claim 1. On 12 February 2008, the French Competition Council (hereafter the “Council”) has rejected Free’s claim for interim measures regarding the conditions of access to civil engineering facilities of France Télécom (hereafter “FT”), in the context of the development (...)

Francesco Rosati The French Minister of Economy requires in Phase I important remedies to address concerns of bundling in a merger of newspapers and magazines publishers (LVMH / Les Echos)

19 December 2007 6185

On 19 December 2007 the French Minister of Economy, Finance and Employment (hereafter “the Minister”) cleared, after a “Phase I” investigation, the acquisition by the group LVMH of Les Echos S.A., publisher of the leading business newspaper Les Echos and of magazines specialised in economic and (...)

Francesco Rosati The French Minister of Economy sets out principles for the assessment of competition in markets that use Internet as media and conditionally clears in phase I a merger in the market for online classified advertisement (Spir / Schibsted)

10 September 2007 6325

Introduction On 10 September 2007 the French Minister of Economy, Finances and Employment (hereafter the “Minister”) cleared the creation by Spir Communication and Schibsted ASA of a jointly owned company, subject to behavioural commitments (Decision C2007/19, hereafter “the Decision”). The new (...)

Francesco Rosati The French Competition Council uses economic models in a phase II assessment of a merger of salmon producers (Pan Fish / Marine Harvest)

20 October 2006 5852

Introduction On 20 October 2006, the French Competition Council recommended that the proposed acquisition of Marine Harvest NV by Pan fish ASA be cleared, subject to remedies. The main competitive concern raised by the proposed transaction related to potential unilateral effects in the (...)

Germany

Benoît Durand The German Competition Authority gets confirmation by the Higher Regional Court of Düsseldorf to halves the fines to the cement cartel based on the result of an independent economic analysis (Cement Cartel)

26 June 2009 1237

In 2001, the Bundeskartellamt conducted a series of dawn raids and discovered the existence of a cartel in the cement industry in Germany. Cement producers had divided the market, reaching agreements on sales quotas. This cartel had been operating at least since the beginning of the 1990s. (...)

Netherlands

Jan Peter van der Veer The Dutch Competition Authority publishes new guidelines on vertical restraints including a case study modeled on the Tooltechnic case

20 April 2015 328

RPM and strong inter-brand competition – Tooltechnic coming to Europe?* On 20 April 2015, the Dutch competition authority ACM published Guidelines on its enforcement priorities with respect to vertical restraints. The document contains a number of case studies intended to illustrate the types (...)

Jan Peter van der Veer The Dutch Authority for Consumers and Markets provides useful guidance for the future assessment of sustainability initiatives involving cooperation between firms (Chicken for tomorrow)

26 January 2015 153

Valuing Sustainability? The ACM’s analysis of “Chicken for Tomorrow” under Art. 101(3)* On 26 January 2015, the Dutch competition authority announced its decision that industry-wide initiatives for the “Chicken for Tomorrow” in the Netherlands restrict competition. The ACM reached this conclusion (...)

Jan Peter van der Veer The Dutch Government issues policy directions on the application of the Dutch equivalent of Article 101(3) TFEU in respect of sustainability initiatives

6 May 2014 211

Art 101(3) and sustainability – new developments in the Netherlands* On 6 May, the Dutch government issued a set of policy directions (“Directions”) to the Dutch competition authority (“ACM”) concerning the application of the Dutch equivalent of Article 101(3) TFEU in respect to sustainability (...)

Christian Ehmer, Maria Clemence Ververs The Dutch Competition Authority clears a joint venture for the rollout and management of an optical fiber network subject to behavioural remedies (Reggefiber)

19 December 2008 1782

Introduction On 19 December 2008 the Dutch Competition Authority (Nederlandse Mededingingsautoriteit, hereafter the NMa) authorized a joint venture (JV) by KPN and Reggefiber conditional upon behavioural remedies . The imposed remedies address the focal points of OPTA’s most recent Market (...)

Matthijs Visser The Dutch competition authority clears “merger to monopoly” of directory providers (European Directories - Truvo Nederland)

28 August 2008 1650

Introduction After a Phase II inquiry, the Dutch competition authority (NMa) cleared on 28 August 2008 the acquisition of Gouden Gids, a Dutch on-line and print directory owned by Truvo, by European Directories, publisher of rival on-line and print directory De Telefoongids. The transaction (...)

Jan Peter van der Veer A Dutch Court annuls a Dutch Competition Authority’s decision that conditionally cleared a merger between electricity companies for not having sufﬁciently demonstrated that the merger would lead to the creation or strengthening of a dominant position (Nuon / Reliant)

31 May 2005 5162

On 31 May 2005, the Court of Rotterdam in the Netherlands annulled a decision by the Nederlandse Mededingingsautoriteit (NMa), the Dutch competition authority, concerning the proposed merger between electricity companies Nuon and Reliant . After a detailed inquiry, the NMa had cleared the (...)

Russia

Jan Peter van der Veer, Vitaly Pruzhansky The Federal Antimonopoly Service of Russia proposes new pricing guidelines

26 October 2012 379

Introduction In October 2012, the head of the Federal Antimonopoly Service of Russia (FAS) presented new pricing Guidelines for Russian companies. The document discusses various benchmarks for “fair” or “economically justified” prices that can be charged to domestic customers. Although the (...)

Jan Peter van der Veer, Vitaly Pruzhansky The Russian Federal Antimonopoly Service clears a € 1.5 bln merger between two major dairy companies in Russia subject to behavioural remedies (Danone and Unimilk)

26 October 2010 814

Introduction In June 2010 the French dairy producer Danone announced plans to purchase a stake of 58% in the Russian dairy company Unimilk. The proposed € 1.5 bln merger would make Danone-Unimilk the leader for dairy products in the CIS area, with a 21% share of the Russian dairy market. In (...)

Vitaly Pruzhansky The Russian Supreme Commercial Court upholds lower courts’ rulings dismissing concerns over price coordination by 11 hotels during the 12th St. Petersburg International Economic Forum in 2008 (Russian Hotels)

22 July 2010 792

Background In 2008 the St. Petersburg branch of the Federal Antimonopoly Service (FAS) of the Russian Federation decided that 11 hotels infringed Part 1 of Article 11 of the Competition Act. The FAS found that the hotels coordinated a substantial price increase during the 12th St. Petersburg (...)

Jan Peter van der Veer, Vitaly Pruzhansky The Russian Supreme Commercial Court upholds a €28.5 million fine on a British-Russian oil company for abuse of dominance (TNK-BP)

25 May 2010 1161

BACKGROUND In 2008 the Federal Antimonopoly Service (FAS) of the Russian Federation found four major Russian vertically integrated oil companies (TNK-BP, Rosneft, Lukoil and Gazprom Neft) guilty of abusing a collective dominant position on the wholesale Russian market for motor fuel products (...)

South Africa

Patrick Smith The South African Constitutional Court sets aside a costs order decided by the Competition Appeal Court to overturn a merger prohibition decision (Pioneer Hi-Bred International / Pannar Seeds)

18 December 2013 167

How to (almost) gut an agency – the final twist in the maize seeds case?* On 18 December 2013, the Constitutional Court of South Africa (“Constitutional Court”) handed down its decision in an appeal by the Competition Commission (“Commission”) against an unprecedented costs order imposed by the (...)

Mihael Raveggi, Vitaly Pruzhansky The South African Competition Appeal Court overturns an excessive pricing decision by the Competition Tribunal (Mittal Steel)

29 May 2009 660

BACKGROUND In 2007, the South African Competition Tribunal (CT) found Mittal Steel guilty of charging excessive prices for steel products on the South African market. The decision contested the pricing practices carried out by Mittal. Namely: (i) prices in the domestic South African market are (...)

Spain

Enrique Cañizares Pacheco The Spanish Competition Authority conditionally clears in phase II a merger in the wholesale distribution to pharmacy stores sector (Cofares / Hefame)

6 June 2006 2640

The operation The operation involved the merger of Cofares and Hefame to create a new wholesale distributor of pharmacy products. Both Cofares and Hefame specialised in the wholesale distribution of pharmacy and parapharmacy products. They also provided other complementary services to (...)

Enrique Cañizares Pacheco The Spanish Competition Authority cleared with remedies a merger in the funeral services market but the Council of Ministries partly alleviated remedies proposed (INTUR / Euro Stewart España)

20 October 2004 1981

The operation The operation consisted on the acquisition of Euro Stewart España (ESE) by Inversiones Técnicas Urbanas (INTUR). The contract between the parties included an ancillary restraint, whereby the selling party committed not to compete, nor to licence its commercial brands, in the (...)

Enrique Cañizares Pacheco The Spanish Competition Authority clears a merger in the TV broadcasting sector subject to third party access to network infrastructure, but the remedies were subsequently modified by the Council of Ministries (Retevisión / Abertis Telecom)

17 October 2003 1770

The operation The operation consisted of Abertis Telecom’s acquisition (through its wholly-owned subsidiary Tradia) of Retevisión. Abertis Telecom is the subsidiary of the infrastructure group Abertis Infraestructuras. Abertis Telecom operates in the telecommunications sector and holds 100% of (...)

Enrique Cañizares Pacheco The Spanish Council of Ministers overturns a decision of the Spanish Competition Authority, and allows a merger in the beer market subject to remedies (Mahou / San Miguel)

28 December 2000 2648

The operation The operation consisted of the acquisition by Mahou of 100% of the shares of Enterprise Resource Planning, the mother company of San Miguel. Mahou and San Miguel were two of the main beer manufacturers in the Spanish market (combined market share of about 35%). The Spanish (...)

United Kingdom

Benjamin Thomas The UK Competition Appeal Tribunal holds that the multilateral interchange fee payment scheme was an agreement or decision of an association of undertakings and was therefore illegal (Sainsbury’s / MasterCard)

14 July 2016 157

Background In 2016 the Competition Appeal Tribunal (CAT) of the United Kingdom held that the payment scheme operated by MasterCard was an agreement or decision of an association of undertakings and so infringed Article 101(1) of the Treaty on the Functioning of the European Union (“TFEU”). In (...)

Daniel Gore The UK OFT closes abuse of dominance investigation concerning a leading provider of bunker fuel services to HGV fleets (CH Jones)

31 October 2013 158

In October 2013 the OFT decided to close an abuse of dominance investigation, launched in April 2010, against CH Jones, a leading provider of bunker fuel services to HGV fleets. This outcome marked a significant reversal from a statement of objections (“SO”) issued in February 2011, in which the (...)

Hugh Mullan The UK’s Office of Fair Trading proposes an in-depth Competition Commission market investigation into the market for local bus services

20 August 2009 1363

On 20 August 2009 the Office of Fair Trading (OFT) proposed to refer the market for local bus services to the Competition Commission (CC) after a five month investigation and invited submissions on its proposal. The market excludes London and Northern Ireland, which were found to have (...)

Ethel Fonseca The UK Competition Appeal Tribunal rules, for the first time ever, against a Competition Commission’s market investigation remedy (Tesco)

4 March 2009 2484

Summary On 4 March 2009 the UK Competition Appeal Tribunal (CAT) upheld Tesco’s appeal against a remedy proposed by the Competition Commission (the Commission) based on its wide-ranging investigation into the UK grocery market published on 30 April 2008. Tesco had challenged only one aspect of (...)

Vitaly Pruzhansky The UK OFGEM imposed a financial penalty of £ 41.6 million for abuse of dominant position in the market for the provision of domestic-sized gas meters (National Grid)

21 February 2008 1943

Introduction On 21 February 2008 the Office of Gas and Electricity Markets in the UK (OFGEM) published its decision which found that National Grid (NG) abused its dominant position in the market for the provision of domestic-sized gas meters in Great Britain. OFGEM imposed a financial penalty (...)

Adrian Majumdar, Richard Murgatroyd, Simon Bishop The UK Competition Commission clears without remedies a merger leading to the largest retailer of video games in the UK (GAME/Gamestation)

16 January 2008 1915

In January 2008, the UK Competition Commission cleared the completed acquisition of Gamestation Limited (Gamestation) by GAME Group PLC (GAME), creating the largest retailer of video games in the UK through the combination of the only two national specialist retailers . The merger was approved (...)

Andrea Lofaro, Stephen Lewis The UK Competition Commission clears a merger leading to a 90% market share in the harbour towage services subject to divestment of a port (Adsteam/Svitzer)

9 February 2007 2187

In February 2007, the UK Competition Commission (hereafter, the “CC”) cleared the acquisition of Adsteam Marine Ltd. (“Adsteam”) by SvitzerWijsmuller A/S (“Svitzer”) . Each of the two parties was the sole supplier of harbour towage services in a number of UK ports and after the merger the new (...)

Richard Murgatroyd The UK Ofcom rejects allegation of predatory pricing of digital cordless phones (BT)

1 August 2006 3757

Background On the 1st of August 2006, the UK Office of Communications (Ofcom) issued its final decision in relation to a complaint that British Telecom‘s (‘BT’) pricing of digital cordless phones was anti-competitive. The specifics of the complaint, submitted on behalf of rival manufacturer (...)

Events

17 Oct 2022 Online The development of individual and criminal sanctions in the Asia-Pacific Region (Antitrust in Asia #1) See documents

21 Jun 2022 Paris New Frontiers of Antitrust See documents

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

21 Apr 2022 London Innovation Economics Conference for Antitrust Lawyers See documents

19 Jan 2022 Webinar 3rd Cartels Workshop: An advanced seminar on substantive EU developments #1 See documents

9 Nov 2021 Brussels Brussels Antitrust in Home Office - Photo exhibition See documents

6 Oct 2021 Paris New Concurrences Book Collection See documents

11 May 2021 Webinar Will a one-size-fits-all digital markets act deliver for consumers? See documents

17 Sep 2021 Webinar Antitrust in Asia #4 Policy & Legal Developments in Mainland China & Hong Kong: Mergers, Cooperation, Dominance, Digital… See documents

27 Apr 2021 Webinar Innovation Economics Conference for Antitrust Lawyers #1 Opening & The DMA: A radical change in the EU See documents

7 Jun 2022 Paris La politique de la concurrence à l’heure de la souveraineté et de la politique industrielle See documents

12 Jul 2021 Paris & Online Phygital: Pure players and traditional distributors See documents

27 Oct 2020 Online Antitrust and Developing Economies in an Era of Crises - Webinar #1: Growing Cross-Border Challenges and New Life for Public Interests and Industrial Policy See documents