Bulletin
Latest News issue: May 2022

General antitrust

The EU Commission requests that the Italian authorities abolish the distortion of competition resulting from the initial payment imposed on a telephone company and secure equal conditions for all operators of GSM radiotelephony (Omnitel Pronto) New
DG COMP (Brussels)
GSM Italy : Commission asks fair treatment for Omnitel* On the initiative of M. Karel Van Miert the Commission has today decided to ask the Italian Government to take necessary measures to establish a level playing field between the two competing operators on the Italian GSM market. The (...)

The UK Competition Authority publishes its second State of Competition report, finding that the economy remains more concentrated than it was prior to the 2008 financial crisis and that the concentration disproportionately affects the least well-off New
United Kingdom’s Competition Authority - CMA (London)
CMA publishes second state of competition report* The CMA has published its second assessment of how well competition is working in the UK and what that means for people and businesses. Effective competition helps make sure shoppers and households get a fair deal when buying goods and (...)

The US FTC extends the public comment period for request for information on the impact of pharmacy benefit managers
US Federal Trade Commission (FTC) (Washington)
Federal Trade Commission Extends Public Comment Period for Request for Information on Impact of Pharmacy Benefit Managers* The Federal Trade Commission is extending the public comment period, until May 25, 2022, on a request for information that covers a wide range of issues in the PBM (...)

The German Competition Authority publishes the annual report of its market transparency unit for fuels and launches an ad-hoc examination of the mineral oil sector
German Competition Authority (Bonn)
Annual report of the Market Transparency Unit for Fuels – Bundeskartellamt launches ad-hoc examination of the mineral oil sector * With high prices and a rapidly changing market, the provision of immediate information for consumers via price information apps has become even more valuable. Some (...)

The Japanese FTC conducts a market study on credit card transactions and proposes that standard interchange fee rates be disclosed New
White & Case (Tokyo)
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White & Case (Tokyo)
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White & Case (Tokyo)
On April 8, 2022, the Japan Fair Trade Commission (’JFTC’) published the Market Survey Report on Credit Card Transactions (’Report’). The JFTC conducted a survey on credit card transactions in order to ascertain disclosure of standard interchange fee rates and to determine whether there are any (...)

The Romanian Competition Authority analyses the impact of tax consultancy and financial audit legislation on national competition
Romanian Competition Council (Bucharest)
The competition council analyses the impact of tax consultancy and financial audit legislation on competition* The Competition Council carries out a study to analyse the impact on competition of the legislative provisions that oblige companies in the field of tax consultancy and financial (...)

The EU Commission issues Guidance on FDI from Russia and Belarus and calls for greater scrutiny due to increased risk of harm to security or public order New
Herbert Smith Freehills (New York)
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Herbert Smith Freehills (Brussels)
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Herbert Smith Freehills (Brussels)
On 6 April 2022, the European Commission (“Commission”) issued Guidance to Member States on how to screen foreign direct investment (“FDI”) from Russia and Belarus into the EU, in light of the ongoing military conflict in Ukraine (“FDI Guidance”). Following Russia’s unjustified attack against (...)

The Australian Competition Authority finds significant falls in retail prices in the major capital cities a week after the cut in fuel excise came into effect
Australian Competition and Consumer Commission (Canberra)
Petrol retailers starting to pass through fuel excise cut* ACCC monitoring of petrol prices has found significant falls in retail prices in the major capital cities a week after the cut in fuel excise came into effect. The fuel excise cut, announced in last week’s Federal Budget, is being (...)

The Indonesian Competition Authority announces end to relaxation of competition rules put in place over the COVID-19 pandemic Free
Hogan Lovells (Jakarta)
KPPU, the Indonesian Competition Authority, announced that the relaxation measures which were in place due to the pandemic will no longer be applicable as of 1 May 2022. Corporations carrying out business in Indonesia or related to the Indonesian market should buckle up for more rigorous (...)

The Irish Competition Authority opens further consultation on proposed guidelines for exercising new competition law powers
Irish Competition Authority (Dublin)
CCPC opens further consultation on proposed guidelines for exercising new competition law powers * The Competition and Consumer Protection Commission (CCPC) today opens the second in a series of public consultations on how it intends to use the expanded competition law enforcement powers (...)

The Chinese Supreme Court releases its interpretation on several issues concerning the application of the Anti-unfair competition law
AnJie Law (Beijing)
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AnJie Law (Beijing)
Supreme People’s Court releases interpretation of Anti-Unfair Competition Law* On 17 March 2022, the Supreme People’s Court of China released the Interpretation on Several Issues Concerning the Application of the Anti-Unfair Competition Law. The document, which took effect on 20 March 2022, (...)

The Middle East and North Africa Competition Authorities launch the Arab Competition Network New
Allen & Overy (Brussels)
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Allen & Overy (Brussels)
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Allen & Overy (Brussels)
Middle East and North Africa Competition Authorities launch the Arab Competition Network Enhanced cooperation among antitrust regulatory authorities in the MENA region On 16 March 2022, Middle East and North Africa (MENA) competition authorities officially launched the Arab Competition (...)

The Romanian Competition Authority monitors the fuels market and investigates the increase in prices New
Romanian Competition Council (Bucharest)
The Competition Council monitors the fuels market and investigates the increase in prices* The Romanian Competition Council monitors the fuel market and investigates situations where prices have raised without any economic justification. The anticipation of a certain price that should be (...)

The Canadian Competition Authority releases new guidelines for consumers to recognize and report online reviews in violation of the Canadian federal competition Act New
Steve Szentesi Law Corporation (Vancouver)
New Competition Bureau Guidelines for Online Reviews* On March 2, 2022, the Competition Bureau released new guidelinesfor consumers to recognize, reject and report false and misleading online reviews, which can violate the general civil or criminal misleading advertising provisions of the (...)

The US DoJ announces initiative to protect supply chains from anticompetitive behaviour amid global disruptions and persistent inflation New
Skadden, Arps, Slate, Meagher & Flom (New York)
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Skadden, Arps, Slate, Meagher & Flom (New York)
On February 17th, the Department of Justice (DOJ) announced an initiative to protect supply chains from anticompetitive behavior amid global disruptions and persistent inflation. The initiative is yet another example of the Biden Administration’s aggressive approach to antitrust enforcement (...)

The Canadian Competition Authority recommends sweeping amendments to core provisions of the Canadian Competition Act New
Steve Szentesi Law Corporation (Vancouver)
Canada’s Competition Bureau Recommends Sweeping Amendments to the Competition Act, Including Deceptive Marketing Amendments On February 8, 2022, Canada’s Competition Bureau released a submission entitled Examining the Canadian Competition Act in the Digital Era in response to Senator Howard (...)

The European Commission drafts new competition rules for Vertical Block Exemption Regulation (VBER) and guidelines for vertical restraints scheduled to take effect in June 2022 New
Jones Day (Brussels)
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Jones Day (Brussels)
I. The context The European Commission (“EC”) is currently revising the rules governing vertical agreements under EU competition law, which will expire on May 31, 2022. In this respect, on July 9, 2021, the EC published its long-awaited draft revised Vertical Block Exemption Regulation (“Draft (...)

Anticompetitive practices

The CMA publishes its decision to fine manufacturers of Hydrocortisone tablets £260 million for excessive pricing relying on a "Cost+" model (Auden Mckenzie / Actavis) New
Stevens & Bolton (London)
The CMA’s full text decision in the long-running Hydrocortisone case, originally initiated in 2016 and in which the CMA imposed record fines, is now published and it shows a slight rethink of the CMA’s approach to excessive pricing in the pharma sector. The definition of excessive pricing as an (...)

The Italian Competition Authority fines three regional providers of public sector uniforms €36,000 for bid rigging (Galleria / Gim / Orsi) New
Giannino SI (Monserrato)
The Italian Competition Authority finds a bid rigging practice in the market for professional clothing* The Italian Competition Authority (ICA) has recently closed its antitrust enquiry opened in the Professional Work Wear case issuing an infringement decision. It found three suppliers of (...)

The Turkish Competition authority rejects an individual exemption application between two online retailers which agreed to not bid for the keywords relevant to the rival’s brand (Modanisa / Sefamerve) New
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
The Turkish Competition Authority Evaluates a Request from Modanisa for an Individual Exemption or Negative Clearance for the Settlement Agreement Regarding Restricting on Branded Keyword Bidding* This case summary includes an analysis of the Turkish Competition Board’s (“Board”) (...)

The EU Commission re-adopts a decision on a cartel in the stainless steel sector and fines a company a total of €3 168 000 (ThyssenKrupp Stainless) New
DG COMP (Brussels)
Competition: Commission re-adopts "alloy surcharge" cartel decision and fines ThyssenKrupp Stainless AG €3 168 000* The European Commission has re-adopted a decision on a cartel in the stainless steel sector and fined ThyssenKrupp Stainless AG (formerly Krupp Nirosta GmbH) a total of €3 168 000. (...)

The EU Commission fines copper fittings producers €314.76 million for price-fixing cartel (Aalberts / Delta / Advanced Fluid Connections / Legris) New
DG COMP (Brussels)
Competition: Commission fines copper fittings producers €314.76 million for price fixing cartel* The European Commission has fined 30 companies a total of €314.76 million for participating in a copper fittings cartel, in violation of the EC Treaty’s ban on restrictive business practices (Article (...)

The EU Commission increases competition in the Spanish service station market by rendering commitments of a gas company legally biding (Repsol) New
DG COMP (Brussels)
Competition: Commission increases competition in Spanish service station market* The European Commission has adopted a formal decision under EC Treaty competition rules which renders commitments entered into by REPSOL to open up its long term agreements with service stations legally binding. (...)

The EU Commission fines 16 firms €290 million for their involvement in the industrial bags cartel New
DG COMP (Brussels)
Competition : Commission fines 16 firms €290 million for industrial bags cartel* The European Commission has fined 16 firms €290.71 million for operating a cartel in the plastic industrial bags market, in clear violation of EC Treaty rules which forbid cartels and other restrictive business (...)

The EU Commission fines multiple companies part of a cartel in the Italian raw tobacco market €56 million for price-fixing (Romana Tabacchi / Dimon / Transcatab / Deltafina) New
DG COMP (Brussels)
Competition: Commission fines companies €56 million for cartel in Italian raw tobacco market* The European Commission has fined four Italian tobacco processors a total of €56 million for colluding over a period of more than six years on the prices paid to growers and other intermediaries and on (...)

The EU Commission makes the commitments from a global beverage company legally binding to increase consumer’s choice and prevent the company from entering into exclusive agreements (Coca-Cola) New
DG COMP (Brussels)
Competition: Commission makes commitments from Coca-Cola legally binding, increasing consumer choice* The European Commission has adopted a decision under EC Treaty competition rules that renders commitments from Coca-Cola concerning carbonated soft drinks legally binding. These commitments, (...)

The EU Commission imposes fines totalling €478M on four companies which operated a long-running cartel on the plasterboard market (BPB / Knauf / Lafarge / Gyproc Benelux) New
DG COMP (Brussels)
Commission imposes heavy fines on four companies involved in plasterboard cartel* Commission imposes heavy fines on four companies involved in plasterboard cartel The European Commission today imposed fines totalling € 478 million on four companies which operated a long-running cartel on the (...)

The EU Commission fines a total of € 448,000 Luxembourg brewers for their participation in a market sharing cartel affecting the catering sector (Brasserie Nationale-Bofferding / Brasserie de Wiltz / Brasserie Battin) New
DG COMP (Brussels)
Commission fines Luxembourg brewers in market sharing cartel* The European Commission today fined three Luxembourg brewers: Brasserie Nationale-Bofferding, Brasserie de Wiltz and Brasserie Battin a total of € 448,000 for their participation in a market sharing cartel affecting the Luxembourg (...)

The EU Commission states that the German postal operator abused its dominant position by granting fidelity rebates and engaging in predatory pricing in the market for business parcel services (Deutsche Post) New
DG COMP (Brussels)
Antitrust proceedings in postal sector result in Deutsche Post separating competitive parcel services from letter monopoly* The European Commission has concluded its antitrust investigation into Deutsche Post AG (DPAG) with a decision finding that the German postal operator has abused its (...)

The EU Commission adopts a decision on the provision in Italy of new postal services offering added value elements, in particular, a guarantee that items created electronically arrive at a predetermined date or time New
DG COMP (Brussels)
Commission adopts decision based on Article 86(3) on the provision of new postal services in Italy * The European Commission has today adopted a decision on the provision in Italy of new postal services offering added value elements, in particular a guarantee that items created (...)

The EU Commission imposes heavy fines for price-fixing and bid-rigging in the district heating pipe cartel (ABB / Løgstør / Henss / Isoplus) New
DG COMP (Brussels)
Commission imposes heavy fines for price fixing and bid-rigging in district heating pipe cartel* The European Commission has fined ten companies a total of ECU 92.21 million for running a secret market-sharing, price-fixing and bid-rigging cartel in pipes used for District Heating systems (...)

The EU Commission fines a printer and shredding machine manufacturer company €100,000 for resale price maintenance (Systemform) New
DG COMP (Brussels)
The commission fines systemform gmbh ecu 100,000* Acting on a proposal from Commissioner Karel Van Miert, the European Commission has imposed a fine of 100,000 ECU on Systemform GmbH - a German manufacturer of machinery for handling large computer printouts. The Commission (...)

The EU Commission fines five cross-channel ferry companies for operating a price cartel (Stena-Sealink / Brittany Ferries / Sea France / North Sea Ferries) New
DG COMP (Brussels)
The commission fines five cross-channel ferry companies a total 645,000 ecufor operating a price cartel in 1992* The Commission decided to fine P&O (UK), Stena-Sealink (S), Brittany Ferries (F), Sea France (F) and North Sea Ferries (NL-UK) for having agreed, in 1992, to impose a (...)

The EU Commission prohibits the members of a shipping line alliance from fixing prices for the inland transport of containerised cargo (Far Eastern Freight) New
DG COMP (Brussels)
Commission prohibits the members of the far eastern freight conference from fixing prices for the inland transport* Acting on a proposal from Commissioner Van Miert, the Commission decided today to prohibit the members of the Far Eastern Freight Conference from fixing prices for the (...)

The EU Commission fines a mining company for breaching its legal obligation to submit fully and immediately to an investigation concerning its behaviour on certain salt markets ordered by the Commission (Akzo) New
DG COMP (Brussels)
Commission fines Akzo chemicals* On 22 September 1993, in the course of inquiries into the behaviour of Akzo Chemicals BV on certain markets in salt, the Commission ordered an investigation on the company’s premises, as it is empowered to do by Regulation No 17, which implements (...)

The EU Commission gives the go-ahead to an agreement between railway undertakings to run night trains through the channel tunnel (British Rail / Deutsche Bahn / Nederlandse Spoorwegen / SNCF / SNCB) New
DG COMP (Brussels)
Commission gives go-ahead to an agreement between railway undertakings to run night trains through the channel tunnel* On 21 September, on a proposal from Mr Van Miert, the Commission authorized an agreement between British Rail (BR), Deutsche Bahn (DB), Nederlandse Spoorwegen (NS) (...)

The EU Commission approves a cooperation agreement between railway undertakings to operate intermodal services between the EU and the European continent (British Railways / SNCF / Intercontainer) New
DG COMP (Brussels)
The Commission approves a cooperation agreement between railway undertakings to operate intermodal services between the United Kingdom and the European Continent* Article 85 of the EC Treaty On a proposal from Mr Van Miert, the Commission has approved the agreement between British Railways, (...)

The EU Commission readopts a decision imposing fines on PVC producers for participating in a secret market-sharing and price-fixing cartel (BASF / DSM / Elf Atochem / Enichem / Hoechst...) New
DG COMP (Brussels)
Following the recent judgment of the Court of Justice of 15 June annulling, for procedural reasons, the Commission decision of 21 December 1988 imposing fines on PVC producers (see IP/94/538), the Commission today decided, on a proposal from Mr Van Miert, to readopt the same decision. The (...)

The EU Commission Commission fines steel beam producers and distributors for price fixing, market sharing and exchange of information (Arbed / British Steel / Unimétal / Saarstahl) New
DG COMP (Brussels)
Commission fines steel beam producers and distributorsfor restrictive practices* Acting on a proposal from Mr Van Miert, the Member of the Commission responsible for competition policy, the Commission has decided: to impose fines totalling slightly over ECU 100 (...)

The EU Commission confirms its interim measures in the german ice cream market to prevent a company from enforcing contractual rights obliging retailers to purchase ice cream exclusively from them (Mars / Langnese) New
DG COMP (Brussels)
COMMISSION CONFIRMS ITS INTERIM MEASURES ON THE GERMAN ICE CREAM MARKET* On 25 March 1992 the Commission imposed interim measures in order to prevent Langnese-Iglo GmbH and Schöller Lebensmittel GmbH & Co. KG from enforcing contractual rights obliging retailers to purchase (...)

The EU Commission adopts a decision to encourage sale of railway tickets by travel agencies (International Union of Railways) New
DG COMP (Brussels)
The Commission has adopted a decision against the International Union of Railways for infringement of the provisions of Article 85 of the EEC Treaty. The UIC is a worldwide association of railway companies through which its members cooperate at a technical and commercial (...)

The EU Commission decides that the distribution of tickets for the 1990 Football world Cup to travel agencies infringed competition (FIGC / FIFA / 90 TOUR ITALIA) New
DG COMP (Brussels)
The Commission decides that the distribution of tickets for the 1990 Football world Cup to travel agencies infringed article 85(1)of the treaty* On the basis of a complaint made by a travel agency the Commission examined the general distribution system for tickets and package tours (...)

The EU Commission fines producers of welded steel mesh for organising a cartel involving a series of agreements or concerted practices designed to fix prices or delivery quotas and to share markets (Welded Steel Mesh) New
DG COMP (Brussels)
COMMISSION FINES 14 PRODUCERS OF WELDED STEEL MESH FOR CONTRAVENTION OF EC COMPETITION RULES* The European Commission has fined 14 Community producers of welded steel mesh a total of 9.5 mecus for organising a cartel in contravention of Article 85 of the EEC Treaty, which outlaws anti- (...)

The EU Commission prohibits the application of agreements on book prices between British publishers to intra-community trade in books resulting in a retail price maintenance system New
DG COMP (Brussels)
Commission rules net book agreements contrary to EEC competition law* The Commission today adopted a decision prohibiting the application of agreements on book prices between British publishers to intra-Community trade in books. In its decision, the Commission rejects a request for an (...)

The EU Commission fines multiple Italian companies in the flat glass market that were involved in a cartel for price fixing and market sharing (Fabbrica Pisana / Società Italiana Vetro / Vernante Pennitalia) New
DG COMP (Brussels)
Commission fines the flat glass cartel in Italy and condemns the abuse of dominant position by this cartel* I. The Commission today has adopted a decision finding that the undertakings Fabbrica Pisana SpA (subsidiary of Saint-Gobain, the French group), Società Italiana Vetro - SIV SpA (...)

The EU Commission approves agreements concluded for the construction of the channel tunnel (Eurotunnel) New
DG COMP (Brussels)
The Commission approves agreements concluded by Eurotunnel for the construction of the channel tunnel* The Commission has issued clearance under the Competition rules of the EEC Treaty with respect to a Construction Contract and a maître d’oeuvre contract, for the building and commissioning of (...)

The EU Commission approves an agreement between two biotechnology companies concerning a know-how licence (DDD / Delta Chemie) New
DG COMP (Brussels)
The Commission approves agreement between Delta Chemie and DDD concerning a know-how licence* The Commission has granted an exemption for a know-how licensing agreement between a German company, Delta Chemie and a United Kingdo company, DDD, for the manufacture and sale of a series of stain- (...)

The EU Commission welcomes important Court of Justice judgment on the extraterritorial application of competition rules regarding restrictive practices initiated outside the community (Woodpulp) New
DG COMP (Brussels)
Commission welcomes important Court of Justice judgment on application of EEC competition rules to restrictive practices initiated outside the community* The Commission welcomes the Court of Justice’s judgment of 27 September 1988 in the WOOD PULP case in which the Court upheld the (...)

The Dutch Competition Authority conducts investigation into possible cartel in the street-furniture and road-furniture market
Netherlands Authority for Consumers & Markets (ACM) (The Hague)
ACM investigates possible cartel in street-furniture and road-furniture market* The Netherlands Authority for Consumers and Markets (ACM) is currently conducting an investigation into a possible cartel in the street-furniture and road-furniture market. As part of that investigation, ACM (...)

The French Competition Authority states objections against two companies in the outdoor advertising sector
French Competition Authority (Paris)
The general rapporteur of the Autorité de la concurrence has stated objections to two companies in the outdoor advertising sector* The companies in question are criticised for having concluded and implemented, in the outdoor advertising sector, an agreement to share upstream markets, in (...)

The US District Court for the District of Colorado enters a federal jury’s acquittal in first of its kind criminal case against a company and its CEO for no-poach agreements with rivals (DaVita / Thiry) New
McDermott Will & Emery (Chicago)
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McDermott Will & Emery (Washington)
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McDermott Will & Emery (Chicago)
In a landmark case of first impression, the US Department of Justice’s (DOJ) Antitrust Division (Division) indicted and brought to trial a federal criminal prosecution alleging agreements between DaVita, Inc., its former CEO Kent Thiry and other companies not to solicit each other’s employees. (...)

The US FTC publishes a statement regarding the verdict by the US District Court for the Eastern District of Texas that the former owner of a physical therapy staffing company obstructed the FTC’s investigation (Neeraj Jindal)
US Federal Trade Commission (FTC) (Washington)
Statement Regarding Texas Jury’s Verdict that Former Owner Neeraj Jindal Obstructed FTC’s Antitrust Investigation into Physical Therapy Staffing Company* Today, a Texas federal jury found the former owner of a physical therapist staffing company guilty of obstructing a Federal Trade Commission (...)

The US District Court for the Eastern District of Texas convicts a former healthcare staffing executive for obstructing an investigation (Neeraj Jindal)
US Department of Justice (Washington)
Former Health Care Staffing Executive Convicted of Obstructing FTC Investigation into Wage-Fixing Allegations* Today, a Texas man was convicted of obstructing a Federal Trade Commission (FTC) investigation, following an eight-day trial in the Eastern District of Texas. “Lying to federal (...)

The US DoJ indicts individuals in Florida for bid-rigging and for conspiring to eliminate competition among their companies and secure sales for a pre-arranged winner (O’Brien / LaRoche / Dailey)
US Department of Justice (Washington)
Three Florida Men Indicted for Rigging Bids and Defrauding the U.S. Military* Defendants Submitted Sham Bids for More than Five Years A federal grand jury in the Middle District of Florida returned an indictment, which was unsealed today, charging three Florida men with conspiring to rig (...)

The US District Court for the Eastern District of California in Sacramento receives a plea agreement from a former contract manager for his role in a bid-rigging and bribery scheme (Yong)
US Department of Justice (Washington)
Former Caltrans Contract Manager Pleads Guilty to Bid Rigging and Bribery* First Guilty Plea in Ongoing Investigation at the California Department of Transportation (Caltrans) A former contract manager for the California Department of Transportation (Caltrans) pleaded guilty today for his (...)

The Spanish Competition Authority analyses the proposals from a professional football league to market audiovisual rights in the national and Asian markets (La Liga)
Spanish Competition Authority (Madrid)
The CNMC has analysed the proposals from La Liga to market certain broadcasting rights of the 1st and 2nd divisions in the national and Asian markets * The tender includes, among others, the rights to a free-to-air 1st division match, 2nd division and play-off rights, and broadcasting in (...)

The US FTC approves a final order prohibiting a professional association from fixing prices for appraisal services in Louisiana (Louisiana Real Estate Appraisers Board)
US Federal Trade Commission (FTC) (Washington)
FTC Approves Final Order Prohibiting Louisiana Real Estate Appraisers Board from Fixing Prices for Appraisal Services in Louisiana * Following a public comment period, the Federal Trade Commission has approved a final order settling charges that the Louisiana Real Estate Appraisers Board (...)

The Latvian Competition Authority permits entrepreneurs to make joint purchases of raw materials due to disruptions from sanctions imposed on Russia and Belarus subject to the Authority’s clearance
Latvian Competition Council (Riga)
The CC: Entrepreneurs may agree to jointly purchase raw materials in the event of a shortage of raw materials As a result of the Russian Federation’s military aggression supported by the Republic of Belarus and the associated sanctions imposed on these countries, businesses in several sectors (...)

The UK Competition Appeal Tribunal rules that class action proceedings may only be brought on an opt-in basis where the class of potential complainants is sophisticated and thus opt-in is practicable (O’Higgins / Evans)
Herbert Smith Freehills (London)
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Herbert Smith Freehills (London)
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Herbert Smith Freehills (London)
The UK Competition Appeal Tribunal (“CAT“) has ruled for the first time that collective proceedings can only proceed on an opt-in basis, rather than the opt-out basis sought by the class applicants. The ruling came in the O’Higgins/Evans case, concerning two competing applications for a Collective (...)

The Polish Competition Authority issues decision on bid rigging during public tender process for greenery maintenance and passenger transport services and imposes penalty on liable bidders
Polish Competition Authority (Warsaw)
Bid rigging - two decisions of the President of UOKiK* Tomasz Chróstny, the President of UOKiK, issued two decisions on bid rigging, in which he imposed penalties totalling nearly PLN 330,000. Entrepreneurs tried to affect the outcome of procurement procedures for greenery maintenance in the (...)

The Hellenic Competition Authority imposes an administrative fine on four electrical engineering associations for restriction of competition in engineering public procurement contracts (OSEHK / SEE / SEHK / SEMEEK / ACEEME) New
Hellenic Competition Authority (Athens)
The Commission for the Protection of Competition imposed an administrative fine on OSEHK, SEE, SEHK, SEMEEK and ACEEME for infringements of section 3(1)(b) of the Protection of Competition Laws and of the corresponding article 101 (1)(b) of the Treaty on the Functioning of the European Union.* (...)

The EU Commission seeks feedback on commitments offered by an Irish insurers’ association concerning access to its data sharing platform (Insurance Ireland) New
DG COMP (Brussels)
Antitrust: Commission seeks feedback on commitments offered by Insurance Ireland concerning access to its data sharing platform* The European Commission invites comments on commitments offered by Insurance Ireland, an association of Irish insurers, to address competition concerns regarding (...)

The Hellenic Competition Authority imposes a fine of €271,385.11 on a pasteurized cow milk company for abuse of dominance and excessive pricing (Charalambides-Christis) New
Hellenic Competition Authority (Athens)
The Commission for the Protection of Competition imposed a fine on Charalambides-Christis Ltd amounting to €271,385.11 for infringements of article 6(1)(a) of the Protection of Competition Laws and corresponding article 102(a) of the Treaty on the Functioning of the European Union* The (...)

The Indonesian Competition Authority continues active enforcement against bid-rigging conduct following two decisions concerning a fishing port tender and the second one related to the construction of a swimming pool (Cipta Karya Multi Teknik / Bangun Persada...) (Cahayahikmah Jayapratama / Karya Kandangan...) New
Ashurst (Singapore)
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Ashurst (Abū Dhabī)
In February 2022, the Indonesia Competition Commission ("ICC") published two decisions involving bid-rigging conduct pursuant to government funded tenders. The first case related to a fishing port tender in Tulungagung and the second case related to the construction of a swimming pool in South (...)

The New Zealand Competition Authority coordinates with counterpart international competition authorities to identify potential cartel conduct in global supply chains New
New Zealand Commerce Commission (Wellington)
Competition agencies working together to identify potential cartel conduct in global supply chains* The Commerce Commission has joined with international counterparts in a working group focussing on identification of potential cartel conduct in global supply chains. The working group includes (...)

The US DoJ announces initiative to protect supply chains from anticompetitive behavior amid global disruptions and persistent inflation New
Skadden, Arps, Slate, Meagher & Flom (New York)
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Skadden, Arps, Slate, Meagher & Flom (New York)
On February 17th, the Department of Justice (DOJ) announced an initiative to protect supply chains from anticompetitive behavior amid global disruptions and persistent inflation. The initiative is yet another example of the Biden Administration’s aggressive approach to antitrust enforcement (...)

The South-African Competition Authority takes motor vehicle finance institutions to the competition tribunal on allegations of collusion (Firstrand / Wesbank / Toyota Financial Services) New
Primerio (Johannesburg)
South Africa: Motor vehicle finance institutions referred to the Competition Tribunal for alleged collusion* On 3 February 2022, the South African Competition Commission (“SACC”), released a press statement confirming that the SACC has made a referral to the Competition Tribunal (“Tribunal”) to (...)

The Indian Competition Authority fines 7 advertising enterprises for bid rigging and geographical market allocation New
Lakshmikumaran & Sridharan (New Delhi)
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Lakshmikumaran & Sridharan (New Delhi)
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Lakshmikumaran & Sridharan (New Delhi)
KEY POINTS Actual participation in the tender is not a mandatory for a finding of bid rigging in terms of the Act. the absence of loss to the tendering authority due to alleged conduct does not rebut the presumption of an appreciable adverse e-ect on competition (“AAEC”). BRIEF FACTS The case (...)

The US DoJ in a landmark case indicts and brings to trial a healthcare company and its former CEO for employee no-poach agreements (DaVita / Thiry) New
McDermott Will & Emery (Chicago)
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McDermott Will & Emery (Chicago)
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McDermott Will & Emery (Washington)
In a landmark case of first impression, the US Department of Justice’s (DOJ) Antitrust Division (Division) indicted and brought to trial a federal criminal prosecution alleging agreements between DaVita, Inc., its former CEO Kent Thiry and other companies not to solicit each other’s employees. (...)

The US District Court for the District of Colorado acquits a Denver-based healthcare company and its former CEO on no-poach agreements in alleged violation of the Sherman Act (DaVita / Thiry) New
Dechert (Philadelphia)
Key Takeaways Colorado federal jury acquitted a healthcare company and its former CEO of antitrust charges that they violated the Sherman Act by entering into agreements with other health care companies not to recruit each other’s employees. As an early test of the Antitrust Division’s 2018 (...)

The Canadian Competition Authority fines interior company $750,000 for participating in criminal bid-rigging (CPL Interiors) New
Steve Szentesi Law Corporation (Vancouver)
CPL Interiors Fined More Than $750,000 In Toronto Condo Refurbishment Bid-Rigging Case* On January 17, 2021, Canada’s Competition Bureau (Bureau) announced that CPL Interiors Ltd. (CPL) was fined $761,967 after pleading guilty before the Ontario Superior Court for participating in a criminal (...)

The Spanish Competition Authority fines 12 companies for bid-rigging of road maintenance and operation services tenders (Acciona Mantenimiento / Aceinsa / Alvac...) New
Callol, Coca & Asociados (Madrid)
The cartel operated through meetings where the cartel members periodically coordinated the bids to be submitted in the tenders issued by the government for road maintenance services of the State Road Network. The cartel allocated a “pool” of points to each group of tenders, used as reference by (...)

The UK Competition Authority fines two pharmaceutical companies £260 million for excessive pricing on hydrocortisone tablets (Auden Mckenzie / Actavis) New
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 31 March 2022, the CMA published one of its longest decisions (1077 pages), in which it imposed fines of £155 million on Accord-UK (previously Auden McKenzie/Actavis) for excessive price increases on hydrocortisone tablets after they were de-branded and fell outside the UK NHS price (...)

The Spanish Commercial Court of Granada grants the first €1.8m award for damages in milk cartel case (Corporación Alimentaria Peñasanta / Puleva Food / Central Lechera de Galicia) New
Callol, Coca & Asociados (Madrid)
By Decision of 26 February 2015, INDUSTRIAS LACTEAS, file S/0425/12, the CNMC declared the existence of a cartel in the dairy industry, sanctioning several dairy companies for having reached agreements on purchase prices and distribution of supply sources, allowing the companies total control (...)

The EU Commission re-adopts a decision to fine a broker in Yen trading for facilitating several cartels (ICAP) New
Callol, Coca & Asociados (Madrid)
The European Commission has re-adopted a cartel decision against ICAP for having breached EU antitrust rules by facilitating several cartels in the area of the Yen Interest Rate Derivatives (YIRD) trading market. YIRDs are financial products, used by banks to manage the risk of interest rate (...)

The Spanish Commercial Court of Madrid makes Article 267 reference to EU Courts of Justice regarding the creation of a new exclusive football league comprising of Europe’s top teams (European Super League) New
Callol, Coca & Asociados (Madrid)
Twelve European football clubs signed on 17 April 2021 a framework agreement to form the European Super League (ESL). The ESL was announced as a major European football tournament in competition with the current UEFA Champions League. According to the Real Madrid president and one of the main (...)

Unilateral Practices

The EU General Court confirms Commission’s decision to fine a Big Tech company for abusing its dominant position in online search by discriminating against comparison shopping services to favour its own offering (Google Shopping) New
McDermott Will & Emery (Paris)
,
McDermott Will & Emery (Washington)
Google’s flagship product is the Google search engine, which provides search results to consumers, who pay for the service with their data. Almost 90% of Google’s revenues stem from adverts, such as those it shows consumers in response to a search query. In 2004, Google entered the separate (...)

The EU Court of Justice dismisses a telecommunications company’s appeal against abuse of dominance charges on the grounds that it was not essential for the Commission to show indispensability because the case was not a refusal to supply case, it concerned the imposition of unfair conditions (Slovak Telekom) (Deutsche Telekom) New
McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Brussels)
As the incumbent telecommunications operator in Slovakia, Slovak Telekom a.s. (ST) offers broadband services on its fixed copper and fibre optic networks. ST’s networks also include the local loop, i.e., the physical lines which connect the subscriber’s telephone termination point with the main (...)

The EU Commission imposes a €24 million fine on a Norwegian vending machine manufacturer for abuse of dominant position (Tomra) New
DG COMP (Brussels)
Competition: Commission imposes € 24 million fine on Tomra group for abuse of dominant position* Competition: Commission imposes € 24 million fine on Tomra group for abuse of dominant position The European Commission has imposed a fine of € 24 million on Norwegian group Tomra for violating EC (...)

The EU Commission decides that a Belgian operator has abused its dominant position by making a preferential tariff in the general letter mail service subject to the acceptance of a supplementary contract covering a new business-to-business mail service (La Poste) New
DG COMP (Brussels)
Antitrust decision against De Post - La Poste aims to protect competitive postal service from the monopoly* The European Commission today decided that the Belgian postal operator De Post la Poste ("La Poste") has abused its dominant position by making a preferential tariff in the general (...)

The EU Commission adopts a decision on the monitoring of relations between the main French postal company and mail-preparation firms (La Poste) New
DG COMP (Brussels)
The Commission adopts a Decision on the monitoring of relations between La Poste and mail-preparation firms in France* The Commission today adopted a Decision on the monitoring of relations between the French company La Poste and firms specialising in the making-up and preparation of mail. (...)

The EU Commission imposes a fine totalling €20M on a tyre manufacturer for its abuse of dominant position in the market of replacement tyres for heavy vehicles in France (Michelin) New
DG COMP (Brussels)
Commission fines Michelin for abusive commercial behaviour* Commission fines Michelin for abusive commercial behaviour The European Commission has decided to impose a fine of € 19.76 million on French tyre maker Michelin for abusing its dominant position in replacement tyres for heavy (...)

The EU Commission issues a formal legal decision against the local organisers of the 1998 football World Cup finals tournament in France, following its implementation of discriminatory sales arrangements in relation to entry tickets for finals matches (Comité Français d’Organisation de la Coupe du Monde de Football 1998) New
DG COMP (Brussels)
Commission takes action against the local organisers of the 1998 football World Cup finals competition in France.* Commission takes action against the local organisers of the 1998 football World Cup finals competition in France. The European Commission has issued a formal legal decision (...)

The EU Commission calls on Portuguese and Finnish airports to bring an end to the system of discounts and differentiated landing charges linked to the origin of flights in operation at various airports New
DG COMP (Brussels)
Commission adopts two Decisions on landing charges at Portuguese and Finnish airports* Commission adopts two Decisions on landing charges at Portuguese and Finnish airports The Commission has called on Portugal to bring to an end the system of discounts and differentiated landing charges (...)

The EU Commission fines shipping companies for abusing dominant position on shipping trade between Northern Europe and Zair (CMB / Woermann Linie / Dafra Line / CEWAL) New
DG COMP (Brussels)
COMMISSION FINES SHIPPING COMPANIES FOR ABUSING DOMINANT POSITIONON SHIPPING TRADE BETWEEN NORTHERN EUROPE AND ZAIRE* The European Commission has imposed fines totalling 10.1 MECU on four shipowners (armateurs) for anti-competitive practices on behalf of the CEWAL shipping (...)

The EU Commission fines a Swedish-Swiss food packaging and processing company for abusing its dominant position in the sector for liquid and semi-liquid packaging (Tetra Pak) New
DG COMP (Brussels)
The Commission fines Tetra Pak for abusing its dominant position in the sector for liquid and semi-liquid packaging* The Commission has taken a decision condemning the Tetra Pak group for abusing its dominant position, in breach of Article 86 of the EEC Treaty, in the market for liquid and (...)

The EU Commission finds that a radio signal transmission system developer abused its dominant position by keeping competitors out of the market (Racal Decca Marine Navigation) New
DG COMP (Brussels)
RACAL DECCA MARINE NAVIGATION LTD* The Commission of the European Communities has decided that Racal Decca Marine Navigation Ltd had infringed the competition rules of Articles 85 and 86 of the EEC Treaty. The Decision follows an investigation of a complaint made by Rauff & (...)

The EU Commission announces that a marine radio signals system creator abused its dominant position by allocating markets (Racal Decca Marine Navigation) New
DG COMP (Brussels)
Racal decca marine navigation ltd* The Commission of the European Communities has decided that Racal Decca Marine Navigation Ltd had infringed the competition rules of Articles 85 and 86 of the EEC Treaty. The Decision follows an investigation of a complaint made by Rauff & Sorensen A/S of (...)

The EU Commission fines a plasterboard manufacturer and its parent company for abusing their dominant position (British Gypsum / BPB Industries) New
DG COMP (Brussels)
The Commission imposes fines under the EEC competition rules for exclusionary practices in the UK plasterboard market* The Commission has adopted a decision finding that British Gypsum Ltd and its parent company BPB Industries PLC abused dominant positions in the supply of plasterboard (...)

The EU Commission approves a shoe and leather goods retailer’s standard franchise and "franchise-corner" agreements (Charles Jourdan) New
DG COMP (Brussels)
The Commission approves the Charles Jourdan group’s standard franchise, and "franchise-corner" agreements* The Commission has approved, in accordance with Article 85 of the EEC Treaty, the standard franchise and ’franchise-corner’ agreements, which the Charles Jourdan Group has made, or intends (...)

The EU Commission fines an airline company for abusing its dominant position on the market for computerized flight reservations in Belgium (Sabena) New
DG COMP (Brussels)
The Commission adopts a decision imposing a fine to Sabena* The Commission has fined Sabena 100 000 ECU for an offence under the EEC competition rules. The decision follows a complaint filed in April 1987 by London European Airways. Sabena had refused LEA access to its Saphir (...)

The EU Commission fines a Dutch speciality chemicals company €10 million for abusing its dominant position in the organic peroxides market (AKZO CHEMIE) New
DG COMP (Brussels)
Commission imposes record antitrust fine on dutch multinational* The Commission today announced its decision to impose a fine of 10 million ECU on AKZO CHEMIE, the speciality chemicals arm of the Dutch multinational chemical and fibres group AKZO, for abusing its dominant position in the (...)

The EU Commission preliminarily finds abuse of dominant position by a Big Tech firm based on denying access to essential hardware that would allow other apps to compete with its payment feature (Apple Pay) New
DG COMP (Brussels)
Antitrust: Commission sends Statement of Objections to Apple over practices regarding Apple Pay* The European Commission has informed Apple of its preliminary view that it abused its dominant position in markets for mobile wallets on iOS devices. By limiting access to a standard technology (...)

The UK Competition Authority secures legally binding commitments from a manufacturer of six cancer drugs to maintain reduced prices for 10 years (Aspen) New
United Kingdom’s Competition Authority - CMA (London)
CMA helps NHS secure price and supply commitment for cancer drugs* The CMA has worked to ensure that pharmaceutical company Aspen’s commitments to reduce prices for life-saving cancer medicines can be enforced in the UK following its exit from the European Union. The European Commission opened (...)

The UK Competition Authority opens an investigation into the largest provider of information management systems to schools (Education Software Solutions) New
United Kingdom’s Competition Authority - CMA (London)
CMA to investigate ESS’s move to three-year contracts for schools* The CMA is investigating whether education software company ESS is abusing a dominant position to push schools into accepting a new 3-year contract. The investigation will assess concerns around a contract change made by (...)

The German Competition Authority issues statement of objections against contractual clauses used in train mobility platforms as constituting abuse of market power (Deutsche Bahn)
German Competition Authority (Bonn)
Fair competition for digital mobility services – Bundeskartellamt issues statement of objections against Deutsche Bahn due to possible hindrance of mobility platforms * The Bundeskartellamt has come to the preliminary conclusion that certain practices and contractual clauses used by Deutsche (...)

The Italian Competition Authority fines ferry operator for excessive pricing (Caronte & Tourist) New
Link Campus University (Rome)
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Cleary Gottlieb Steen & Hamilton (Washington)
The Italian Competition Authority (the “ICA”) fined ferry operator Caronte & Tourist (“C&T”) €3.7 million for having charged excessive prices on a ferry transportation route between Sicily and Calabria between 2017 and 2019 (the “Decision”). I. The investigation In July 2020, the ICA opened (...)

The Indian Competition Authority orders an investigation into abuse of dominance by a national broadcasting company through discriminatory discounts (Asianet Digital Network /Star India Private /Disney Broadcasting (India) /Asianet Star Communications) New
Lakshmikumaran & Sridharan (New Delhi)
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Lakshmikumaran & Sridharan (New Delhi)
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Lakshmikumaran & Sridharan (New Delhi)
BRIEF FACTS: An information was filed by Asianet Digital Network (P) Ltd. (“Asianet”) against Star India (P) Ltd. (“Star”), Disney Broadcasting (India) Limited (“Disney”) and Asianet Star Communications Private Limited (“ASC”) alleging abuse of dominance. Asianet, is a multi-system operator engaged in (...)

The Indian Competition Authority issues a cease and desist order against a limestone logistics company for anti-competitive price determination, limitation and control of supply (CJ Darcl Logistics / Dumper Truck Union) New
Lakshmikumaran & Sridharan (New Delhi)
,
Lakshmikumaran & Sridharan (New Delhi)
,
Lakshmikumaran & Sridharan (New Delhi)
BRIEF FACTS: An information was filed by CJ Darcl Logistics Ltd. (“CJD”) against Dumper and Dumper Truck Union Lime Stone (“DTU”) and All Members of Dumper and Dumper Truck Union Lime Stone (“AMDTU”), collectively (“OPs”) for restrictions imposed by DTU and its members by not letting CJD, a logistics (...)

The Romanian Competition Authority investigates alleged abuse of dominance on the market for technical approvals of locations (Orange / RCS&RDS) New
Romanian Competition Council (Bucharest)
The Competition council investigates both Orange SI RCS & RDS for abuse of dominant position* The Competition Council has opened two investigations aimed at a possible abusive behaviour of both undertakings Orange Romania S.A. and RCS & RDS S.A. on the market of service for issuing the (...)

The US district court for the District of Northern California rules that app stores are not a monopoly but prohibits ban on app creators directing consumers to external links (Epic / Apple) New
Callol, Coca & Asociados (Madrid)
The Judgment of the US Court of the Northern District of California (Court) of 10 September 2021 , Epic v. Apple (Judgment), has concluded that Apple Inc. (Apple) is not a monopolist in light of current US and California antitrust laws. However, what could be seen as a neat victory for Apple is (...)

The Hamburg Data Protection Authority bans a social media company from sharing user data from its subsidiary company (Facebook / WhatsApp)
Hamburg Commissioner for Data Protection and Freedom of Information
Order of the HmbBfDI: Ban of further processing of WhatsApp user data by Facebook* The Hamburg Commissioner for Data Protection and Freedom of Information (HmbBfDI) issued an order prohibiting Facebook Ireland Ltd. from processing personal data from WhatsApp for its own purposes. The order is (...)

Mergers

The EU Commission fines a pharmaceutical company €7.5M for providing inaccurate information during review of an acquisition application (Merck / Sigma-Aldrich) New
McDermott Will & Emery (Paris)
,
McDermott Will & Emery (Washington)
On 3 May 2021, the EC fined Sigma-Aldrich EUR 7.5 million for providing incorrect or misleading information during the EC’s review of Merck’s planned acquisition of the company. Background On 21 April 2015, Merck notified the EC of its plan to acquire Sigma-Aldrich. On 15 June 2015, the EC (...)

The EU General Court rejects a rival’s challenge to the Commission’s decision allowing two Dutch cable operators to merge subject to conditions (KPN) New
McDermott Will & Emery (Paris)
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McDermott Will & Emery (Washington)
On 27 January 2021, the GCEU confirmed the EC’s decision declaring the merger of the two main Dutch cable operators, Ziggo N.V. and Liberty Global Plc, compatible with the internal market, thus rejecting the action introduced by their competitor, KPN BV, a provider of retail television offers (...)

The EU Commission rejects a gun jumping complaint by a company subject to a hostile takeover on the grounds that despite the case involving a series of transactions it can be seen as a single concentration and therefore the public bid exemption that is applicable to the second stage applies to the whole transaction (Veolia / Suez) New
McDermott Will & Emery (Paris)
,
McDermott Will & Emery (Washington)
On 17 December 2020, the EC rejected Suez’s gun-jumping claim and provided further clarifications on the scope of the exemption to the standstill obligation in the case of two-step acquisitions encompassing a public bid. Background On 30 August 2020, the French company Veolia announced its (...)

The EU Commission gives the go-ahead to a global telecommunications alliance, conditional on liberalised regulatory frameworks (Atlas / GlobalOne) New
DG COMP (Brussels)
Atlas-Globalone: Commission gives go-ahead to global telecommunications alliance conditional on liberalised regulatory framework* At the proposal of Mr Karel van Miert, Commissioner in charge of EU competition policy, the European Commission gave its authorisation today to the (...)

The EU Commission clears transactions concluded between 2 telecommunications companies under the competition rules of the EC Treaty and the EEA Agreement (British Telecom / MCI) New
DG COMP (Brussels)
Commission clears transactions concluded between BT and MCI in the telecommunications sector under the competition rules of the EC treaty and the EEA agreement* At the proposal of Mr. Van Miert, Commissioner in charge of competition policy, the Commission has taken its first formal decision (...)

The EU Commission authorizes a jointly operated linear polyethene plant in the petrochemical sector (Exxon / Shell) New
DG COMP (Brussels)
The Commission autorizes a jointly operated linear polyethylene plant between Exxon and Shell in the petrochemical sector* The Commission has authorized under the provisions of Article 85(3) of the EC Treaty a production joint venture and related agreements beetween Exxon Chemical Polymerss (...)

The EU Commission approves an agreement between car manufacturers to set up a joint venture in Portugal for the common development and production of a multi-purpose vehicle (Ford / Volkswagen) New
DG COMP (Brussels)
COMMISSION APPROVES FORD/VOLKSWAGEN AGREEMENT ON MULTI-PURPOSE VEHICLES* The Commission has exempted, by a formal decision under Article 85(3) of the EEC Treaty, an agreement between the car manufacturers Ford and Volkswagen to set up a joint venture in Portugal for the (...)

The EU Commission adopts a decision regarding a joint venture between an automobile company and an electronic company for the development, manufacture and sale of medium to large hydraulic excavators (Fiat / Hitachi) New
DG COMP (Brussels)
FIAT/HITACHI : Green light from the Commission* The Commission has adopted a decision pursuant to Article 85(3) of the EEC Treaty with respect to the joint venture created by Fiat and Hitachi for the development, manufacture and sale of medium to large hydraulic excavators. (...)

The Turkish Competition Authority sees new merger control regime enter into force, amending notification thresholds and scope of applicable sectors New
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
(1) Introduction On March 4, 2022 the Turkish Competition Authority (“Authority”) published the Communiqué No. 2022/2 on the Amendment of Communiqué No. 2010/4 on the Mergers and Acquisitions Subject to the Approval of the Competition Board (the “Amendment Communiqué”). The Amendment Communiqué (...)

The UK Competition Authority provisionally clears the acquisition of a supermarket’s petrol station business by the largest independent operator of petrol stations following a promise to divest from 87 sites (CD&R / Morrisons) New
United Kingdom’s Competition Authority - CMA (London)
Petrol station proposals provisionally clear way for Morrisons deal* The CMA proposes to accept an offer from buyer of Morrisons to sell 87 petrol stations to address competition concerns. In January, the Competition and Markets Authority (CMA) opened its investigation into Clayton, Dubilier (...)

The UK Competition Authority cancels its investigation into the proposed acquisition of the largest auction provider for heavy machinery by the second largest after firms abandon the deal (Ritchie Bros / Euro Auctions) New
United Kingdom’s Competition Authority - CMA (London)
Ritchie Bros has abandoned its planned purchase of Euro Auctions after the CMA referred the deal for an in-depth Phase 2 investigation* Ritchie Bros has abandoned its planned purchase of Euro Auctions after the CMA referred the deal for an in-depth Phase 2 investigation. The Competition and (...)

The UK Competition Authority announces potential Phase II investigation into the proposed acquisition of an undertaking that helps financial institutions reduce risk by the owner of major national financial infrastructure (London Stock Exchange Group / Quantile) New
United Kingdom’s Competition Authority - CMA (London)
LSEG’s anticipated Quantile purchase raises competition concerns* LSEG’s anticipated purchase of Quantile could now be referred for an in-depth investigation after finding that the deal raises competition concerns. The Competition and Markets Authority (CMA) opened its investigation into London (...)

The New Zealand Competition Authority clears an acquisition of a water dispenser company by a drinking water solutions company subject to divestments (Zenith Water / Waterlogic) New
New Zealand Commerce Commission (Wellington)
Commission clears Zenith Water / Waterlogic merger subject to divestment* The Commerce Commission has given clearance to Osmosis Buyer Limited (Osmosis) to acquire Firewall Holdings S.À R.L (Firewall) as part of a global transaction, subject to an undertaking to divest Firewall’s Merquip (...)

The UK Competition Authority decides that a completed merger between two software providers may be anti-competitive and remedies will need to be offered or a phase II investigation will proceed (NEC / SSS) New
United Kingdom’s Competition Authority - CMA (London)
CMA finds competition concerns in merger of emergency service software suppliers* NEC Software Solutions’ purchase of SSS raises competition concerns in the supply of vital software to emergency services and transport customers. NEC and SSS are 2 of a small number of suppliers that supply (...)

The UK Competition Authority deems a merger between two veterinary firms as likely to be anti-competitive and gives the firm time to offer remedies or will proceed with a phase II investigation (VetPartners / Goddard) New
United Kingdom’s Competition Authority - CMA (London)
VetPartners’ purchase of Goddard raises competition concerns* VetPartners’ completed purchase of Goddard could now be referred for an in-depth investigation after the CMA found that the deal raises competition concerns. The Competition and Markets Authority (CMA) opened its investigation into (...)

The French Competition Authority unconditionally authorizes the acquisition of a furniture retailer by a furniture retail distribution company under the failing firm defence (Mobilux / Conforama) New
White & Case (Brussels)
,
White & Case (Paris)
,
White & Case (Paris)
The French Competition Authority (’FCA’) has unconditionally authorized the acquisition of furniture retailer Conforama by Mobilux under the failing firm defence (’FFD’). Background On 8 July 2019, Mobilux group (’Mobilux’) announced its intention to acquire Conforama. Mobilux is the parent company (...)

The New Zealand Competition Authority asks interested parties to offer submissions on a proposed takeover of a company which leases recreational vehicles by a large Australian tourism company (THL / Apollo) New
New Zealand Commerce Commission (Wellington)
Statement of Unresolved Issues issued for proposed THL/Apollo merger* The Commerce Commission has published a statement of unresolved issues relating to an application from THL Group (Australia) Pty Ltd, a subsidiary of Tourism Holdings Limited, seeking clearance to acquire 100% of the shares (...)

The UK Competition Authority finds that a merger could increase operating costs for oil and gas producers in the North Sea (Noble / Maersk)
United Kingdom’s Competition Authority - CMA (London)
Offshore drilling merger raises competition concerns* The CMA has found that the merger of Noble and Maersk Drilling could increase operating costs for oil and gas producers in the UK North Sea. In February, the Competition and Markets Authority (CMA) opened an investigation into the (...)

The EU Commission Executive Vice-President Vestager comments on the decision by Europe’s two largest producers of insulating panels to drop their proposed merger following a Statement of Objections (Kingspan / Trimo) New
DG COMP (Brussels)
Statement by Executive Vice-President Vestager on the decision by Kingspan and European Architectural Systems to abandon the proposed transaction involving the purchase of Trimo* The European Commission takes note of the decision by Kingspan and European Architectural Systems (i.e. the parent (...)

The US FTC requires two companies to sell off three facilities amid concerns that the deal would increase concentration in the North American market for porcelain enamel frit (Prince / Ferro)
US Federal Trade Commission (FTC) (Washington)
FTC Requires Prince and Ferro to Sell Off Three Facilities amid Concerns that Deal would Increase Concentration in North American Market for Porcelain Enamel Frit* Absent a Remedy, the Merger Would Also Likely Harm Competition in Markets for Forehearth Colorants and Glass Enamel The Federal (...)

The Spanish Competition Authority initiates three sanctioning proceedings against two funeral home companies for breach of the duty to notify the commission of mergers and acquisitions before execution (Albia / Funespana) New
Spanish Competition Authority (Madrid)
The CNMC initiates three sanctioning proceedings for breach of the duty to notify mergers or acquisitions before executing them* The sanctioning proceedings affect Albia Gestión de Servicios, S.L.U. (a subsidiary of the Santa Lucía group), which acquired exclusive control of the funeral homes (...)

The UK Government publishes its response to the consultation proposing a wide range of far-reaching changes to the competition and consumer protection regimes New
Herbert Smith Freehills (London)
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Herbert Smith Freehills (London)
,
Herbert Smith Freehills (London)
On 20 April 2022 the UK government published its response to the consultation launched in July 2021, proposing a wide range of far-reaching changes to the UK competition and consumer protection regimes (see our blog post on the consultation here). Taking into account the feedback received from (...)

The Canadian Competition Authority reaches an agreement with a solid waste and environmental solutions company on sustaining competition in the industrial waste and oil recycling market following its acquisition of a major competitor (GFL Environmental / Terrapure Environmental)
Canadian Competition Bureau (Gatineau)
Competition Bureau reaches agreement with GFL to preserve competition for industrial waste and oil recycling services in western Canada* The Competition Bureau announced today that it has reached an agreement with GFL Environmental Inc. to resolve litigation related to its purchase of (...)

The German Competition Authority closes in-depth preliminary investigation and clears a purchasing agreement between hypermarket acquirers and supermarket chain (Real / Dr Tischendorf / REWE)
German Competition Authority (Bonn)
No proceeding initiated on account of purchasing agreement for further operation of 63 “real” stores* Following an in-depth preliminary examination, the Bundeskartellamt has decided not to initiate a proceeding under competition law on account of a planned purchasing cooperation between the (...)

The French Competition Authority fines a company for gun-jumping in a case relating to a progressive takeover and de facto control in the spirit market (Cofepp / Marie Brizard Wine & Spirits) New
White & Case (Paris)
,
White & Case (Paris)
,
White & Case (Brussels)
On 12 April 2022, the FCA fined the Compagnie Financière Européenne de Prises de Participation ("COFEPP") EUR 7 million for both (i) failure to notify its merger with Marie Brizard Wine & Spirits ("MBWS") and (ii) completion of the merger prior to the FCA’s approval. The FCA launched the (...)

The Dutch Competition Authority decides that further investigation is needed for the acquisition of a waste-management company (AEB / AVR)
Netherlands Authority for Consumers & Markets (ACM) (The Hague)
Further investigation needed into acquisition of waste-management company AEB by AVR* The Netherlands Authority for Consumers and Markets (ACM) has decided that a further investigation is needed into the acquisition of waste-management company Afval Energie Bedrijf Amsterdam (AEB) by rival (...)

The French Competition Authority fines a company for an acquisition of control without prior notification of the transaction and without waiting for a clearance decision in the market of spirits (Cofepp / Marie Brizard Wine & Spirits)
French Competition Authority (Paris)
The Autorité fines Cofepp for acquiring control of MBWS without prior notification of the transaction and without waiting for its decision* Background The Autorité de la concurrence has fined Cofepp (Poliakov, Label 5, Cruz, Saint James, Old Nick, etc.) for acquiring control of Marie Brizard (...)

The French Competition Authority fines a wine and spirits company €7 million for gun jumping (Cofepp/ Marie Brizard Wine & Spirits) New
McDermott Will & Emery (Washington)
,
McDermott Will & Emery (Paris)
By a decision dated 12 April 2022, the French Competition Authority (FCA) fined the Compagnie Financière Européenne de Prises de Participation (“Cofepp”) up to 7 million euros, for having closed the takeover of the company Marie Brizard Wine & Spirits (i) without first notifying the operation (...)

The EU Commission approves an acquisition between two leading global aerospace component suppliers, subject to conditions (Parker / Meggitt)
DG COMP (Brussels)
Mergers: Commission approves Parker’s acquisition of Meggitt, subject to conditions * The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of Meggitt by Parker. The approval is conditional on full compliance with commitments offered by Parker. (...)

The EU Commission opens an in-depth investigation into a proposed acquisition in the market for wood-based panels (Pfleiderer Polska / Kronospan)
DG COMP (Brussels)
Mergers: Commission opens in-depth investigation into proposed acquisition of Pfleiderer Polska by Kronospan* The European Commission has opened an in-depth investigation to assess the proposed acquisition of Pfleiderer Polska by Kronospan, under the EU Merger Regulation. The Commission is (...)

The UK Competition Authority blocks the merger of two Finnish suppliers of equipment to port operators rejecting remedies offered by the parties (Cargotec / Konecranes) New
Morrison & Foerster (Washington)
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Morrison & Foerster (London)
,
Morrison & Foerster (Brussels)
Cargotec/Konecranes: Failed shipping equipment merger illustrates aggressive UK/U.S. enforcement and increased skepticism of remedies* On March 29, 2022, global container handling equipment providers [Cargotec and Konecranes] abandoned their proposed $5 billion merger after the United Kingdom (...)

The New Zealand Competition Authority publishes Statement of Issues on merger between two tourism companies (THL / Apollo) New
New Zealand Commerce Commission (Wellington)
Statement of Issues released for proposed THL/Apollo merger The Commerce Commission has published a statement of issues relating to an application from THL Group (Australia) Pty Ltd, a subsidiary of Tourism Holdings Limited, seeking clearance to acquire 100% of the shares in Apollo Tourism (...)

The New Zealand Competition Authority receives merger clearance notification for the merger between two cold storage service companies (Lineage Logistics / Cold Storage Nelson) New
New Zealand Commerce Commission (Wellington)
Lineage Logistics seeks clearance to acquire Cold Storage Nelson* The Commerce Commission has received a clearance application from Lineage Logistics New Zealand (Lineage) in relation to its proposed acquisition of Cold Storage Nelson Limited (CSN). Lineage and CSN both supply cold storage (...)

The New Zealand Competition Authority releases a statement of unresolved issues on a proposed acquisition of an animal health research company by the world’s biggest animal drug manufacturer (Zoetis / Jurox) New
New Zealand Commerce Commission (Wellington)
Statement of Unresolved Issues released for proposed acquisition of Jurox by Zoetis* The Commerce Commission has published a Statement of Unresolved Issues relating to the application from Zoetis Inc. seeking clearance to acquire Betrola Pty Limited. Betrola owns the Jurox group of companies. (...)

The Romanian Competition Authority approves the takeover of active assets of a steel production company by an alloy production company (COS Targoviste / AFV Acciaierie) New
Romanian Competition Council (Bucharest)
The Competition council approved the taking over of active assets of COS Târgoviște by AFV ACCIAIERIE BELTRAME SPA, Italia* The Competition Council approved the transaction by which AFV Acciaierie Beltrame SpA, Italy, takes over the functional assets related to the production of steel and long (...)

The New Zealand Competition Authority receives merger clearance notification for merger between two water filtration companies (Zenith Water / Waterlogic) New
New Zealand Commerce Commission (Wellington)
Clearance sought for Zenith Water / Waterlogic merger* The Commerce Commission has received a clearance application from Osmosis Buyer Limited (Osmosis) to acquire Firewall Holdings S.À R.L (Firewall) as part of a global transaction. Osmosis’ New Zealand subsidiary, Zenith Heaters Limited (...)

The Romanian Competition Authority approves takeover of an authorized car dealership company by a multi-brand car retail company (Colina / Roadhill) New
Romanian Competition Council (Bucharest)
The Competition council approved the taking over of some activities of Colina Motors by Roadhill Automotive SRL* The Competition Council approved the transaction by which Roadhill Automotive SRL intends to take over some activities of Colina Motors SRL., respectively the retail of Ford and (...)

The EU Commission finds that Hungary’s decision to block a merger between two insurance firms breached EU law because the Commission has exclusive competence to assess mergers with a Union dimension (AEGON / Vienna Insurance) New
DG COMP (Brussels)
Mergers: Commission finds that Hungary’s veto over the acquisition of AEGON’s Hungarian subsidiaries by VIG breached Article 21 of the EU Merger Regulation* The European Commission has concluded that Hungary’s decision to veto the acquisition of the Hungarian subsidiaries of the AEGON Group by (...)

The Romanian Competition Authority unconditionally approves the takeover of an automobile spare parts import and distribution company by an automobile spare parts wholesaler (Augsburg / Autonet) New
Romanian Competition Council (Bucharest)
The Competition Council approved the taking over of Augsburg International Impex SRL by Autonet Group Holding* The Competition Council approved the transaction by which Autonet Group Holding AG, Switzerland, takes over Augsburg International Impex SRL. Autonet Group Holding AG, Switzerland, (...)

The Indian Competition Authority approves the acquisition of the Asian marketing subsidiary of a major pharmaceutical company by its UK and global healthcare subsidiaries (GSK Healthcare Overseas / GSK Healthcare UK / GSK Asia) New
Lakshmikumaran & Sridharan (New Delhi)
,
Lakshmikumaran & Sridharan (New Delhi)
,
Lakshmikumaran & Sridharan (New Delhi)
GlaxoSmithKline Consumer Healthcare Overseas Limited (“GSK Healthcare overseas”) and GlaxoSmithKline Consumer Healthcare UK Trading Limited (“GSK Healthcare UK”), (collectively referred to as “Acquirers”) are wholly owned subsidiaries of GlaxoSmithKline Consumer Healthcare Holdings (No.2) Limited (...)

The Romanian Competition Authority unconditionally approves the takeover of an infertility diagnosis medical center by a clinical and paraclinical medical center (Life Line / Unirea) New
Romanian Competition Council (Bucharest)
The Competition council approved the taking over of life line-medical center S.R.L by Unirea medical center S.R.L* The Competition Council approved the transaction through which Centrul Medical Unirea S.R.L. takes over Life Line - Medical Center S.R.L. Unirea Medical Center is the operator (...)

The New Zealand Competition Authority receives merger clearance notification for merger between two concrete additives manufacturing and supply companies (Sika / MBCC) New
New Zealand Commerce Commission (Wellington)
Sika seeks clearance to acquire MBCC Group* The Commerce Commission has received a clearance application for Sika AG to acquire the MBCC Group. Sika and MBCC manufacture and supply additives (known as "chemical admixtures") that are used to modify the performance characteristics of concrete, (...)

The UK Competition Authority opens a Phase I investigation into a transcription software merger in the healthcare market (Microsoft / Nuance)
United Kingdom’s Competition Authority - CMA (London)
Anticipated acquisition by Microsoft Corporation of Nuance Communications Inc.* Notice under section 96(2a) of the Enterprise Act 2002 (the Act) published pursuant to section 107(1)(I) of the Act The Competition and Markets Authority (CMA) hereby gives notice pursuant to section 96(2A) of (...)

The New Zealand Competition Authority receives merger clearance notification for the acquisition of a tourism company by an international tourism company (Camplify / THL) New
New Zealand Commerce Commission (Wellington)
Camplify seeks clearance to acquire THL’s Mighway and SHAREaCAMPER* The Commerce Commission has received a clearance application from Camplify Co (NZ) Limited, a subsidiary of ASX-listed Camplify Holdings Limited, to acquire the New Zealand assets and business of Tourism Holdings Limited’s (...)

The New Zealand Competition Authority receives merger clearance notification for merger between two telecommunication service providers (Vocus / 2degrees) New
New Zealand Commerce Commission (Wellington)
Clearance sought for Vocus / 2degrees merger* The Commerce Commission has received an application for clearance in relation to a transaction that would see the merger of the Vocus Group with 2degrees. Vocus and 2degrees are both telecommunications providers that primarily supply retail fixed (...)

The Romanian Competition Authority approves takeover of oil services of a crude oil company by a technology services provider in the oil industry (Forasol / Schlumberger) New
Romanian Competition Council (Bucharest)
The Competition council approved the taking over of some activities belonging to Schlumberger group by GSP* The Competition Council authorized the transaction by which Forasol S.R.L., a member of the GSP Group, took over some business related to activities in the field of oil services (...)

The Romanian Competition Authority conditionally approves takeover in the online food delivery service market (Glovoappro / Foodpanda) New
Romanian Competition Council (Bucharest)
The Competition council approved with conditions the taking over of Foodpanda Ro by Glovoappro SRL* The Competition Council approved with conditions the transaction through which Glovoappro SRL will take over the Foodpanda Ro SRL and, indirectly, Pandamart, which is operated by Delivery Hero (...)

The German Federal Court of Justice rules that where consideration in a public acquisition is not adequate shareholders may be entitled to sue New
Morgan Lewis (Frankfurt)
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Morgan Lewis (Frankfurt)
,
Morgan Lewis (Frankfurt)
RECENT CASE LAW RELATING TO PUBLIC TENDER OFFERS UNDER THE GERMAN SECURITIES ACQUISITION AND TAKEOVER ACT (WPÜG): The German Federal Court of Justice (FCJ) pronounced on November 23, 2021 two judgments in parallel proceedings that may have landmark effect. In contrast to the FCJ’s earlier (...)

State Aid

The EU Commission approves €169 million Spanish scheme to support milk producers in context of Russia’s invasion of Ukraine New
DG COMP (Brussels)
State aid: Commission approves €169 million Spanish scheme to support milk producers in context of Russia’s invasion of Ukraine* The European Commission has approved a €169 million Spanish scheme to support the milk producers sector in the context of Russia’s invasion of Ukraine. The scheme was (...)

The EU Commission approves €18 million Irish support scheme to support the road haulage sector in the context of Russia’s invasion of Ukraine New
DG COMP (Brussels)
State aid: Commission approves €18 million Irish scheme to support the road haulage sector in the context of Russia’s invasion of Ukraine* The European Commission has approved an €18 million Irish scheme to support the road haulage sector in the context of Russia’s invasion of Ukraine. The scheme (...)

The EU Commission approves €700 million French scheme to support research, development and innovation projects by companies of all sizes and across all sectors New
DG COMP (Brussels)
State aid: Commission approves €700 million French scheme to support research, development and innovation projects across all sectors* The European Commission has approved, under EU State aid rules, a €700 million French scheme to support research, development and innovation projects by (...)

The EU Commission approves €130 million Lithuanian scheme to support companies affected by China’s discriminatory trade restrictions New
DG COMP (Brussels)
State aid: Commission approves €130 million Lithuanian scheme to support companies affected by discriminatory trade restrictions* The European Commission has approved, under EU State aid rules, a €130 million Lithuanian scheme to support and facilitate access to finance by companies affected by (...)

The EU Commission approves €2 billion Italian scheme under the recovery and resilience facility to support roll out of 5G mobile networks New
DG COMP (Brussels)
State aid: Commission approves €2 billion Italian scheme under the Recovery and Resilience Facility to support roll out of 5G mobile networks* The European Commission has approved, under EU State aid rules, a €2 billion Italian scheme made available through the Recovery and Resilience Facility (...)

The EU Commission approves a €7 billion French scheme to support investment towards a sustainable recovery
DG COMP (Brussels)
State aid: Commission approves €7 billion French scheme to support investment towards a sustainable recovery* The European Commission has approved a €7 billion French scheme aimed at providing investment support towards a sustainable recovery. The scheme was approved under the State aid (...)

The EU Commission approves a €836 million Polish scheme to support the agricultural sector in the context of Russia’s invasion of Ukraine
DG COMP (Brussels)
State aid: Commission approves €836 million Polish scheme to support agricultural sector in context of Russia’s invasion of Ukraine* The European Commission has approved a €836 million (PLN 3.9 billion) Polish scheme to support the agricultural sector in the context of Russia’s invasion of (...)

The EU Commission approves a €250 million Portuguese measure to facilitate access to finance for small and medium enterprises affected by the COVID-19 pandemic (Banco Português de Fomento) Free
DG COMP (Brussels)
State aid: Commission approves €250 million Portuguese measure under the Recovery and Resilience Facility to further capitalise Banco Português de Fomento* The European Commission approved, under EU State aid rules, a €250 million Portuguese aid measure, made available through the Recovery and (...)

The EU Council announces fifth round of sanctions on Russia following aggression in Ukraine, including a prohibition on State aid to firms where there is at least 50% Russian public ownership and the firm continues to operate in Russia
Arendt & Medernach (Luxembourg)
,
Arendt & Medernach (Luxembourg)
Restrictive measures against individuals The Council adopted restrictive measures against an additional 217 individuals. These include Russian high-net-worth individuals, high-ranking Kremlin officials, individuals responsible for disinformation and information manipulation, as well as family (...)

The EU Commission approves a French liquidity scheme to support companies in the context of Russia’s invasion of Ukraine
DG COMP (Brussels)
State aid: Commission approves French liquidity scheme to support companies in context of Russia’s invasion of Ukraine* The European Commission has approved a French scheme that enables up to €155 billion in liquidity support for companies across all sectors in the context of Russia’s invasion (...)

The EU Commission finds that the benefits earned from State aid by an Italian company are valid and compatible with the internal market (Toremar)
Maastricht University
Another Altmark Compliant Case!* Introduction It is very rare for measures of compensation for public service obligations to be found by the European Commission to be compliant with the Altmark conditions. Nonetheless, in the past two years the Commission has concluded that two Italian (...)

Procedures

EU Court of Justice broadens the scope of follow-on damage claims by permitting actions against the subsidiaries’ of companies which have been found to have infringed competition law (Sumal / Mercedes Benz Trucks España) New
McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Brussels)
On 6 October 2021, the CJEU issued its judgment in Case C-882/19, Sumal, S.L. v Mercedes Benz Trucks España, S.L. (EU:C:1987:418), and confirmed that follow-on damages actions can be brought against subsidiaries of companies found to have infringed EU competition law. The victim of an (...)

The US Court of Appeals for the Sixth Circuit questions the implications of "Certificate of Need" laws for market competition (Tiwari / Friedlander) New
Sheppard Mullin (Century City)
,
Sheppard Mullin (Washington)
Sixth Circuit Questions Efficacy of State “Certificate of Need” Laws, Question Whether Reduces Competition The Sixth Circuit Court of Appeal recently voiced skepticism of Kentucky’s Certificate of Need (“CON”) laws while simultaneously ruling that they met the Fourteenth Amendment’s “rational (...)

The Spanish Supreme Court affirms injunction against Competition Authority’s decision to stop a transport company from bidding for public contracts (Transporte Escolar Murcia) New
Callol, Coca & Asociados (Madrid)
The Judgment of the Supreme Court (the Judgment) addressed an appeal brought by the CNMC against an Order of the High Court provisionally staying the sanctions in Decision of 20 June 2019, Transporte Escolar Murcia, file SAMUR/02/2018. The importance of the Judgment lies on the nature of the (...)

Regulatory

The UK Competition Authority publishes its annual concurrency report outlining inter-agency cooperation throughout the year New
United Kingdom’s Competition Authority - CMA (London)
Regulators promote competition across sectors in 2021 to 2022* The CMA’s Annual Concurrency Report shows how competition authorities have helped deliver benefits to households in 2021 to 2022 in the regulated sectors. Competition law in the UK is enforced by the Competition and Markets (...)

The Dutch Competition Authority imposes orders on pilgrimage travel service providers which mandate provision of travel guarantee measures to pilgrimage customers (Alferdoos / Amlex Travel / Elfourssan Reizen / Salsabil Travel / Taoufik Reizen / Wadi Alrafidein) New
Netherlands Authority for Consumers & Markets (ACM) (The Hague)
Providers of pilgrimage packages have stopped selling them or have taken travel guarantee measures following ACM action* Six providers of pilgrimage packages that the Netherlands Authority for Consumers and Markets (ACM) had previously compelled to take the necessary travel guarantee measures (...)

The UK Parliament revamps antitrust rules with broader jurisdictional reach, tougher penalties and more flexible procedure for merger control New
Skadden, Arps, Slate, Meagher & Flom (London)
,
Skadden, Arps, Slate, Meagher & Flom (London)
,
Skadden, Arps, Slate, Meagher & Flom (Brussels)
On April 20, 2022, the U.K. government announced amendments to the U.K. competition and consumer law regimes. Changes to merger control include: Expanded conditions for killer acquisitions, which will eliminate the need for a U.K. overlap in acquirer and target activities intended to cover (...)

The Dutch Competition Authority accepts the commitments made by a telecom operator and a fiber-optic company to lower tariffs for competitors to access their networks (KPN / Glaspoort)
Netherlands Authority for Consumers & Markets (ACM) (The Hague)
ACM anticipates savings for Dutch households of up to 200 million euros per year because of fiber-optic arrangements* The Netherlands Authority for Consumers and Markets (ACM) has published a draft decision following recent proposals from Dutch telecom operator KPN and fiber-optic company (...)

The Belgian Government sees the act transposing the ECN+ Directive and introducing several other amendments to competition law and the criminal code enter into force New
Ashurst (Brussels)
On 17 March 2022, the Belgian Act transposing the ECN+ Directive and also introducing several other amendments to Belgian Competition law (ie, Book IV of the Code on Economic Law) and the Belgian Criminal Code entered into force. Key takeaways The ECN+ Directive aims to empower EU National (...)

The New Zealand Competition Authority issues a compliance advice letter to an electricity utility for failure to comply with industry standards for three successive years between 2018 and 2020 (Transpower) New
New Zealand Commerce Commission (Wellington)
Transpower issued with compliance advice following Commission investigation* The Commerce Commission has issued Transpower New Zealand Limited (Transpower) with a compliance advice letter after an investigation into its contraventions of quality standards for the 2018, 2019 and 2020 years. (...)

The Spanish Parliament passes new Competition Act implementing the ECN+ Directive broadly reinforcing and clarifying existing powers of the Spanish Competition Authority rather than making sweeping reforms New
Callol, Coca & Asociados (Madrid)
Royal Decree-Law 7/2021, of 27 April, has implemented into Spanish law EU Directive 2019/1 of 11 December 2018 empowering the competition authorities of Member States (OJ L11/3, 14.1.2019) (ECN+ Directive). The reform approved is less ambitious than anticipated by the preparatory works. No (...)

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