April 2011

General antitrust

 The Lithuanian Parliament adopts amendments to competition law introducing restriction of professional activities for head of undertaking infringing antitrust rules
European Commission (Brussels)
Belgium 714 contributions 209692 visits
Lithuania: Amendment to Law on Competition introduces Restriction of Professional Activities for Head of Undertaking infringing Antitrust Rules* On 21 April 2011, the Seimas (the Parliament) of the Republic of Lithuania adopted by a majority vote some amendments to the national Law on (...)

Anticompetitive practices

 The Spanish Competition Commission imposes fines on various organisations of mussel producers in Galicia (Organisations of mussel producers)
European Commission (Brussels)
Belgium 714 contributions 209692 visits
Spain: The National Competition Commission (CNC) fines Organisations of Mussel Producers in Galicia* On 29 April 2011, the CNC adopted a Resolution finding that several mussel producers organisations in Galicia are responsible for an infringement of Article 1 of the Spanish Competition Act and (...)

The Lisbon Commercial Court reduces the Competition Authority’s fine imposed to an association of chartered accountants (OTOC)
European Commission (Brussels)
Belgium 714 contributions 209692 visits
Portugal: The Lisbon Commercial Court partially upholds PCA’s Decision regarding the Professional Association of Chartered Accountants (OTOC)* In its judgment of 29 April 2011, the Lisbon Commercial Court (the Court) has partially upheld the decision issued by the Portuguese Competition (...)

A Portuguese Court confirms that a professional association training regulation constitutes a breach of competition rules (Ordem dos Técnicos Oficiais de Contas)
Morais Leitão, Galvão Teles, Soares da Silva (Lisbon)
Portugal 12 contributions 2084 visits
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Morais Leitão, Galvão Teles, Soares da Silva (Lisbon)
Portugal 13 contributions 2138 visits
I. Introduction The Portuguese Association of Chartered Accountants (“Ordem dos Técnicos Oficiais de Contas”) (ACA) judicially appealed to the Lisbon Commerce Court the national Competition Authority decision which applied a fine €114.654,10 based on an alleged illegal decision of the association, (...)

The Czech Competition Authority reaches settlement with detergent producers in a cartel case while implementing its leniency programme (Henkel / Procter & Gamble / Rakona / Reckitt Benckiser)
Kinstellar (Prague)
Czech Republic 9 contributions 6737 visits
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Kinstellar (Prague)
Czech Republic 3 contributions 3543 visits
On 10 February 2011, the Czech Competition Authority (the “Competition Authority”) adopted a cartel settlement decision finding that the local subsidiaries of the Henkel, Procter & Gamble and Reckitt Benckiser groups (the “Companies”) had participated in a cartel in respect of the sale of (...)

The Paris Court of Appeal fines a pharmaceutical company € 17 M for unfair competition when launching a new drug (Ipsen / Mylan)
EDHEC (Lille)
France 8 contributions 16491 visits
1. Summary Mylan, the generic pharmaceutical company (formerly Merck Génériques), was ordered by the Paris Court of Appeal to pay €17 million in damages to Ipsen for unfair competitive practices and economic parasitism by marketing Vitalogink to pharmacists as an "equivalent" to Tanakan and (...)

The EU Commission opens an investigation against two pharmaceutical companies on account of a patent settlement agreement (Cephalon / Teva)
Van Bael & Bellis (Brussels)
Belgium 125 contributions 35276 visits
On 28 April 2011, the European Commission opened of its own motion formal competition proceedings against Cephalon, Inc. (“Cephalon”) and Teva Pharmaceutical Industries, Inc. (“Teva”) on account of a patent settlement agreement between the parties. Under the agreement, Teva undertook not to sell (...)

The French Competition Authority accepts commitments in relation to exclusivity agreements in the multi-brand gift cards sector (Accentiv’Kadéos)
Hewlett Packard (Boulogne-Billancourt)
France 30 contributions 89073 visits
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cxLoyalty Group (London)
United Kingdom 4 contributions 3133 visits
In its decision N°11-D-08 dated 27 April 2011, the French Competition Authority (the «Competition Authority«) accepted the commitments offered by Accentiv’Kadéos in relation to exclusivity agreements between it and its partner brands in the multi-brand gift cards sector. Background On August 2009, (...)

The UK Competition Appeal Tribunal again reduces fines in construction bid-rigging case (North Midland Construction)
Van Bael & Bellis (Brussels)
Belgium 369 contributions 85503 visits
On 15 and 27 April 2011, the Competition Appeal Tribunal (“CAT”) handed down a series of judgments relating to the remaining appeals against the Office of Fair Trading’s (“OFT”) decision of 21 September 2009 in the construction bid-rigging cartel case (see VBB on Competition Law, Volume 2009, No. (...)

The Polish President of the Office of Competition and Consumer Protection imposes commitments to remedy RPM in a vertical hard core restrictions case concerning gardening products distribution (Scotts Poland)
Greenberg Traurig Grzesiak (Warsaw)
Poland 29 contributions 79525 visits
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Hogan Lovells (Warsaw)
Poland 4 contributions 2453 visits
On 26 April 2011, the President of the Office for Competition and Consumers Protection (the «OCCP» or the «Office») issued a decision in which it found that Scotts Poland sp. z o.o. (the «Scotts» or the «Company»), a subsidiary of Scotts Miracle-Gro Company, applied a resale price maintenance clause in (...)

The US District Court for the District of Minnesota issues an injunction ending football players lockout in an antitrust suit (NFL)
Garrigues (Brussels)
Belgium 19 contributions 10235 visits
The NFL Lockout* In our belief that the application of competition law to the world of sports has a tremendous potential that still today remains to a great extent unexplored in the EU. Not only are sports-related cases some of the most visible ones at the EU level (for the general public (...)

The US District Court for the District of Minnesota declares that locking out employees, who have stopped engaging in collective bargaining and are no longer represented by the union, is not protected under the nonstatutory labor exemption to antitrust scrutiny in the market for professional football players (Brady / NFL)
Pepper Hamilton (Philadelphia)
United States 2 contributions 455 visits
The recent National Football League (NFL) lockout has put a spotlight on federal antitrust law. After failed negotiations between the NFL and the players’ union (the National Football League Players Association, or NFLPA), on March 11, 2011 – the day that the most recent collective bargaining (...)

A Belgian Court seeks guidance from EU Court of Justice in determining damages in a lift cartel case (Kone / Otis / Schindle / ThyssenKrupp)
Court of First Instance of Namur (Namur)
Belgium 224 contributions 43560 visits
According to recent press reports, in a judgment of 21 April 2011, the Brussels Commercial Court requested a preliminary ruling from the European Court of Justice (“ECJ”) in the lift cartel damages proceedings. In February 2007, the European Commission fined lift and escalator manufacturers (...)

The Italian Competition Authority closes the proceeding against nine petrol companies finding no evidence of a cartel in the wholesale market for the supply of bitumen for road construction (Aumento Prezzi Bitume)
Ashurst (Brussels)
Belgium 45 contributions 43856 visits
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Alcon (Milan)
Italy 10 contributions 7993 visits
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Iliad (Milano)
Italy 9 contributions 14154 visits
Introduction On 20 April 2011, the Italian Competition Authority ("ICA") adopted a decision closing the investigation launched in May 2010 against nine oil companies, Alma Petroli S.p.A., Api-Anonima Petroli Italiana S.p.A., ERG Petroli S.p.A., Eni S.p.A., Esso Italiana S.r.l., IES-Italiana (...)

The Romanian Competition Authority accepts commitments from the national football federation in relation to the joint selling of media rights (Federația Română de Fotbal / Liga Profesionistă de Fotbal din România)
University of Macau - Faculty of Law (Macau)
China 282 contributions 220518 visits
On 19 April 2011 the Romanian Competition Authority (CC) accepted the commitments proposed by the Romanian Football Federation (FRF) and, one of its members, the Romanian Professional Football League (LPF) in relation to the joint selling of the media rights and thus closed its investigation (...)

A Hungarian Court annuls the decision of the Competition Office having found guilty construction companies of bid rigging taking into account lack of proof of single and continuous infringement (Heves – Nógrád county tenders)
Philip Morris (Budapest)
Hungary 11 contributions 6745 visits
I. Introduction On 19 April 2011, the Metropolitan Court of Budapest (the “Court”) annulled the decision of the Hungarian Competition Office (“HCO”) that EGÚT Egri Útépítő Zrt. (“EGÚT”) and Strabag Építő Zrt. (“Strabag”) were guilty of bid rigging and cancelled the fine that was imposed. The Court ordered the (...)

The US District Court of the Northern District of California rejects a breach of contract defence based on the illegality of the contract under the Robinson-Patman Act (Pet Food Express / Royal Canin)
Wolters Kluwer (Riverwoods)
United States 78 contributions 37906 visits
Robinson-Patman Act Defense Rejected in Breach-of-Contract Case* Asserting a breach-of-contract defense based on the illegality of the contact under the Robinson-Patman Act appears to be as difficult as successfully alleging a Robinson-Patman Act claim itself. Earlier this week, the federal (...)

The Japan Fair Trade Commission issues cease and desist orders and imposes surcharges on participants in bidding for engineering works and pronounces a cease and desist order against them (Enzan District and Isawa District)
Japan Fair Trade Commission (Tokyo)
Japan 121 contributions 20726 visits
Cease and Desist Orders and Surcharge Payment Orders against Participants in Bidding for Engineering Works ordered by Yamanashi Prefectural Government* The Japan Fair Trade Commission (JFTC), under the provisions of the Antimonopoly Act (AMA), has investigated participants in the bidding for (...)

The UK Competition Appeal Tribunal reduces fines in construction bid-rigging case (Barrett Estate Services and others)
Van Bael & Bellis (Brussels)
Belgium 369 contributions 85503 visits
On 15 and 27 April 2011, the Competition Appeal Tribunal (“CAT”) handed down a series of judgments relating to the remaining appeals against the Office of Fair Trading’s (“OFT”) decision of 21 September 2009 in the construction bid-rigging cartel case. The judgments of 15 April 2011 related to (...)

The EU Court of Justice’s Advocate General Kokott recommends annulment in soda ash cases due to infringements of the rights of defence (Solvay)
Court of First Instance of Namur (Namur)
Belgium 224 contributions 43560 visits
On 14 April 2011, Advocate General (“AG”) Juliane Kokott issued her opinion in cases C-109/10P and 110/10P, Solvay SAv. Commission, recommending that the Court of Justice (“ECJ”) annul two Commission decisions fining chemicals company Solvay for infringing Articles 81 and 82 EC (now Articles 101 (...)

The Competition Commissioner Almunia announces upcoming changes to the Commission’s fine calculation procedures
Court of First Instance of Namur (Namur)
Belgium 224 contributions 43560 visits
Speaking at a conference in Berlin on 14 April 2011, Commissioner Joaquín Almunia set out the Commission’s recent thinking on the issue of the ever-increasing burden of fines for competition infringements. While Commissioner Almunia was quick to defend the level of the fines handed out over the (...)

The EU Court of Justice AG Kokott advises the Court of Justice to quash General Court’s judgment in soda ash cartel case (Solvay / CFK)
Van Bael & Bellis (Brussels)
Belgium 369 contributions 85503 visits
On 14 April 2011, Advocate General (“AG”) Juliane Kokott advised the European Court of Justice (“ECJ”) to set aside the 2009 judgment of the General Court (“GC”) partially upholding the Commission’s 2000 decision fining Solvay and CFK for their participation in a cartel affecting the market for soda (...)

The European Commission adopts a cartel settlement decision prohibition decision against three major detergent manufacturers (Henkel, Unilever and Procter & Gamble)
DG COMP (Brussels)
Belgium 1 contribution 263 visits
The Consumer detergents cartel* Introduction On 13 April 2011, the Commission adopted a cartel settlement decision prohibition decision against three major detergent manufacturers: Henkel, Unilever and Procter & Gamble. The Decision finds that they had operated a single and continuous (...)

The European Commission settles a cartel in the washing powder industry fining two of the three participating companies and granting full immunity to the first informing about price coordination and other market stabilization strategies adopted (Procter & Gamble, Unilever, Henkel)
European Commission (Brussels)
Belgium 714 contributions 209692 visits
European Commission: Settlement Decision adopted in Washing Powder Cartel* On 13 April 2011, the European Commission adopted a decision settling a cartel case involving major European producers of washing powder: Procter & Gamble, Unilever and Henkel. This is the third cartel settlement in (...)

The Japanese FTC issues a communication listing practices that respect power saving and do not raise competition concerns
Norton Rose Fulbright (Brussels)
Belgium 18 contributions 4772 visits
This article has been nominated for the 2012 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. The Japan Fair Trade Commission (JFTC) has issued two Communications on the extent to which industry coordination intended to deal with the aftermath of the great (...)

The Latvian Competition Authority fines a tenant and owner of shopping malls for an anticompetitive agreement (RIMI / Marno J.)
Latvian Competition Council (Riga)
Latvia 108 contributions 19946 visits
The CC Fines for Prohibited Agreement in Contracts between Anchor Tenant and Owner of Shopping Malls* On 8 April 2011 the Competition Council (CC) adopted a decision establishing the existence of a prohibited agreement between retail chain (Rimi group) and lessor of selling space in shopping (...)

The French Competition Authority publishes market-tested commitments proposed by the French bank card association to resolve antitrust concerns regarding multilateral interchange fees (Groupement des Cartes Bancaires)
European Commission (Brussels)
Belgium 714 contributions 209692 visits
France: The Autorité de la Concurrence market-tests Commitments on MIFs, including on Debit and Credit Cards* Following a complaint made by two professional associations of merchants and retailers against ultilateral interchange fees (MIFs)used in the various payment systems in France, the (...)

The European Commission dramatically slashes the fine in its second amendment to the pre-stressing steel cartel fines (ArcelorMittal)
Herbert Smith Freehills (London)
United Kingdom 10 contributions 4129 visits
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White & Case (London)
United Kingdom 2 contributions 1788 visits
In an unprecedented move, the European Commission has slashed the fine imposed on the ArcelorMittal group for its participation in a pre-stressing steel cartel, by around 80 per cent. On 30 June 2010 the Commission had fined ArcelorMittal, and 16 other producers, a total of around €518.5 (...)

The UK Competition Appeal Tribunal reduces fines in construction recruitment cartel appeals (Hays, Eden Brown, CDI Anderselite, CDI Corp, a. o.)
Herbert Smith Freehills (London)
United Kingdom 37 contributions 6569 visits
All views expressed are strictly personal views of the author. The present case note does not constitute legal advice and should not be relied on as such. On 1 April 2011, the Competition Appeal Tribunal (the "CAT") handed down its judgment on the appeal made by certain participants in the (...)

The Belgium Competition Authority launches a study on the price differences in processed food in Belgium and the Netherlands (Belgian Supermarkets)
European Commission (Brussels)
Belgium 714 contributions 209692 visits
Belgium: Belgian Supermarkets are 10% more expensive than Dutch Supermarkets* In April 2011, the Minister for Economics asked the Belgian Competition Authority (Competition Authority) to study the price differences between goods sold in Belgian and Dutch supermarkets, and to suggest action to (...)

The UK Competition Appeal Tribunal significantly reduces fines in construction recruitment cartel case (Eden Brown / CDI Anderselite / CDI Corp / Hays)
Van Bael & Bellis (Brussels)
Belgium 369 contributions 85503 visits
On 1 April 2011, the Competition Appeal Tribunal (“CAT”) handed down its judgment relating to three appeals against the amount of the fines imposed by the Office of Fair Trading (“OFT”) in a decision of 29 September 2009 in the construction recruitment cartel case. In its judgment, the CAT reduced (...)

The Chinese National Development and Reform Commission fines an international brand consumer products company for disseminating information on price increases and disrupting market order (Unilever)
Lni avocats (Paris)
France 12 contributions 49251 visites
China’s price law and regulations expressly stipulate the form of and legal liability for disseminating information of price increases. Article 14 of the Price Law of the People’s Republic of China stipulates that no operator shall engage in falsifying and disseminating information of price (...)

The UK CAT slashes fines imposed in the construction recruitment industry (Eden Brown / CDI Anderselite / CDI Corp / Hays)
Herbert Smith Freehills (London)
United Kingdom 6 contributions 1119 visits
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Herbert Smith Freehills (London)
United Kingdom 4 contributions 1007 visits
Summary In a judgment of 1 April 2011, the UK’s Competition Appeal Tribunal ("CAT") allowed the appeals brought by three companies (and certain subsidiaries) in the construction recruitment sector who had been fined by the Office of Fair Trading (the "OFT") for conduct amounting to price fixing (...)

Unilateral Practices

 The Belgian Competition Authority annuls decision rejecting complaint against a Belgian brewer (Inbev)
Van Bael & Bellis (Brussels)
Belgium 191 contributions 62117 visits
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Practising Law Institute (New York)
United States 93 contributions 30366 visits
In a decision of 29 April 2011, the Belgian Competition Council annulled, on appeal, a decision of the College of Competition Prosecutors rejecting a complaint lodged by Freedom, an association of drinks wholesalers, against Belgian brewer Inbev. In its complaint, Freedom alleged that Inbev (...)

The Belgian College of Competition Prosecutors dismisses a complaint from a purchasing group of wholesalers in beverages against a large beer brewer for abusive discrimination between on-trade and off-trade market segments (Freedom/Inbev)
Lexing (Liège)
Belgium 20 contributions 15667 visits
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Loyens & Loeff (Brussels)
Belgium 1 contribution 172 visits
I. The parties The complaint was lodged by Freedom Belgium CBVA(hereinafter “Freedom”), a purchasing group of wholesalers in beverages on the Belgian market (on-trade). The defendant in this case is Inbev Belgium nv (hereinafter “Inbev”), a company mainly active in the production and sale of (...)

The Latvian Competition Authority fines an airport authority for discriminatory conditions imposed against a provider of tugboat services (PKL flote)
Latvian Competition Council (Riga)
Latvia 108 contributions 19946 visits
The CC Repeatedly Fines Riga Freeport Authority for Abuse of Dominant Position* On 29 April 2011 the Competition Council (CC) adopted a decision to fine Riga Freeport Authority for abuse of its dominant position, as the Authority restricted actions of a competitor – provider of tugboat services (...)

A Chinese District Court rules for the plaintiff in an unfair competition case relating the antivirus software industry (Tencent / Qihoo)
Cleary Gottlieb Steen & Hamilton (Hong Kong)
Hong Kong 1 contribution 353 visits
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Norton Rose Fulbright (Brussels)
Belgium 26 contributions 12404 visits
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China Construction Bank Europe (Luxembourg)
Luxembourg 2 contributions 673 visits
This article has been nominated for the 2012 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On April 26, 2011, Beijing Chaoyang District Court (the “Court”) ruled against Qihoo, the provider of 360 (a widely used antivirus software) and two other (...)

The Mexican Competition Authority issues the highest fine ever against a mobile service provider company for engaging in “relative monopolistic practices” (Telcel)
Womerang (Monterrey)
Mexico 2 contributions 997 visits
The Mexican Federal Competition Commission’s highest fine ever* On April 25, 2011, the Mexican Federal Competition Commission (“COFECO”) moved to sanction Mexico’s largest mobile telephone service provider, Radiomovil Dipsa, S.A de C.V. (“Telcel”), with a fine of almost 12,000 million Mexican pesos (...)

The Croatian Competition Authority finds no abuse of dominance in bundled insurance packages (Croatia osiguranje)
University of Macau - Faculty of Law (Macau)
China 282 contributions 220518 visits
On 21 April 2011 the Croatian Competition Authority (AZTN) closed its investigation into the alleged abuse of dominant position by the leading insurance company Croatia osiguranje d.d. (Crosig). The AZTN found no abuse of dominance in the bundled insurance packages offered by Crosig stating (...)

The Belgian Competition Authority returns a case to the College of Prosecutors for having failed to consider the repeated nature of an abuse of dominance in the pharmaceutical sector (Omega Pharma)
Lexing (Liège)
Belgium 20 contributions 15667 visits
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Pire Asset Management (Charleroi)
3 contributions 2406 visits
I. The parties The plaintiff is an independent Belgian dispensing chemist. The defendant is Omega Pharma NV (here after “Omega Pharma”) an important supplier of raw material and packaging products also active in the field of “Over-The-Counter” products (OTC-products). The decision analysed is (...)

The UK High Court orders an airport to give non-discriminatory access to terminal forecourts to competing valet parking service providers (Heathrow Airport / Purple Parking / Meteor Parking)
Brick Court Chambers (London)
United Kingdom 3 contributions 3272 visits
On 15 April 2011, the High Court ruled against the Defendant, Heathrow Airport Limited, ordering it not to exclude the Claimants, Purple Parking Limited and Meteor Parking Limited, from accessing the forecourts of Heathrow Terminals 1 and 3 in operating “meet and greet” or valet parking services. (...)

The Lithuanian Court of First Instance upholds Competition Authority’s decision fining a company active in petrol and diesel distribution for abusing its dominant position (Orlen Lietuva)
European Commission (Brussels)
Belgium 714 contributions 209692 visits
Lithuania: The Vilnius Regional Administrative Court upholds Competition Authority’s Decision on Abuse of Dominance by AB Orlen Lietuva (former AB Mažeikių Nafta)* On 15 April 2011, the Vilnius Regional Administrative Court (Court of first instance) upheld the decision ofthe Competition Council (...)

The English High Court finds London airport abused its dominant position in refusing competing for car concierge services access to the arrivals forecourt (Heathrow Airport / Purple Parking / Meteor Parking)
DLA Piper (London)
United Kingdom 25 contributions 18071 visits
The English High Court has found that Heathrow abused its dominant position by refusing competing car concierge services access to the arrivals forecourts at Heathrow Airport. The case was brought by Purple Parking Limited (Purple) and Meteor Parking Limited(Meteor). Both Purple and Meteor (...)

The EU General Court confirms fine on a leading payment card company for market foreclosure (Visa Europe / Visa International Service)
Van Bael & Bellis (Brussels)
Belgium 369 contributions 85503 visits
On 14 April 2011, the General Court (“GC”) handed down its judgment on Visa‘s appeal against a 2007 Commission decision relating to Visa‘s refusal to admit Morgan Stanley as a member of its payment card network (see VBB on Competition Law, Volume 2007, No. 10). In its judgment, the GC rejects (...)

The Italian Competition Authority makes binding commitments of a gambling operator concerning alleged abuse of dominant position on the games and betting market (SISAL)
European Commission (Brussels)
Belgium 714 contributions 209692 visits
Italy: The Antitrust Authority (ICA) accepts Commitments by SISAL S.p.A. in the Italian Games and Betting market* On 13 April 2011, the ICA accepted the binding commitments proposed by SISAL S.p.A. (SISAL) which will facilitate the access by competitors to the on-line bet-collection market. (...)

The UK OFTC finds that a medicine producer abuses its dominant position and imposes a fine of £10 200 000 (Reckitt Benckiser)
European Commission (Brussels)
Belgium 714 contributions 209692 visits
United Kingdom: The Office of Fair Trading (OFT) Issues Decision in Reckitt Benckiser Case* On 13 April 2011, the Office of Fair Trading (OFT) issued a decision which found that Reckitt Benckiser abused its dominant position by withdrawing National Health Service packs of its Gaviscon Original (...)

The Belgian Constitutional Court finds that the Act on trade practices and consumer protection implementing Directive 2005/29/CE infringes the principle of non-discrimination of the Constitution
UGGC (Brussels)
Belgium 7 contributions 13698 visits
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Buyle Legal (Brussels)
Belgium 5 contributions 2620 visits
I. Introduction Exactly one year after the adoption of the Belgian Act of 6 April 2010 (MB 12.04.2010) on trade practices and consumer protection, the Belgian Constitutional Court found that it infringes the principle of non-discrimination enshrined in Articles 10 and 11 of the Belgian (...)

The Swiss Supreme Court upholds the annulment of the record fine on the historical telecom operator for excessive pricing in mobile termination fees (Swisscom / Comco)
Swiss Competition Commission (Bern)
Switzerland 2 contributions 6659 visits
On 11th April 2011, the Swiss Supreme Court rendered its long-awaited decision in the mobile termination fees case about an alleged abuse of dominance of Swisscom, the Swiss historical telecom operator. In 2007, the Swiss Competition Commission (Comco) has imposed a record fine of over 200 (...)

Mergers

 The US FTC issues a statement to clarify the use of escrows in reportable acquisitions
Skadden, Arps, Slate, Meagher & Flom (New York)
United States 22 contributions 9705 visits
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Skadden, Arps, Slate, Meagher & Flom (New York)
United States 13 contributions 2500 visits
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Skadden, Arps, Slate, Meagher & Flom (New York)
United States 12 contributions 2578 visits
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On April 29, 2011, the Premerger Notification Office (PNO) of the Federal Trade Commission (FTC) issued a statement “to provide greater clarity about the use of escrows in connection with transactions” that require notification under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as (...)

The EU Commission starts the public consultation on a draft document which seeks to establish best practices on cooperation between national competition authorities in the EU when reviewing mergers
Jones Day (Brussels)
Belgium 25 contributions 15459 visits
COOPERATION BETWEEN COMPETITION AUTHORITIES IN MERGER REVIEW IN THE EU* The European Commission started a public consultation on a draft document which seeks to establish best practices on cooperation between national competition authorities (NCAs) in the EU when reviewing mergers. Although (...)

The US DoJ announces that a joint venture agreed to acquire certain patents to allay antitrust concerns raised by the transaction in the software market (CPTN / Novell)
Crowell & Moring (Washington)
United States 16 contributions 2103 visits
Yesterday, the U.S. Department of Justice announced that CPTN Holdings, LLC, a joint venture owned equally by Microsoft Corp., Apple, Inc. , Oracle Corp., and EMC Corp, has agreed to modify its agreement to acquire certain patents from Novell, Inc. in order to allay antitrust concerns raised (...)

The German Competition Authority clears the establishment of a joint venture in the software sector (CPTN / Novell)
Van Bael & Bellis (Brussels)
Belgium 125 contributions 35276 visits
On 20 April 2011, the German Competition Authority (“Bundeskartellamt”) cleared the establishment of a joint venture by Apple, EMC, Microsoft and Oracle, CPTN, the purpose of which is to acquire hundreds of software patents from Novell. The venture has also recently won US regulatory approval. (...)

The Polish Competition Court upholds a merger prohibition decision in the market for waste battery treatment (Baterpol / Orzeł Biały)
Van Bael & Bellis (Brussels)
Belgium 227 contributions 66190 visits
The Polish Court of Competition and Consumer Protection recently upheld two decisions of the Polish Competition Authority prohibiting concentrations, one in the market for railway turnouts and another in the market for waste battery treatment. In the second case, decided on 13 April 2011, the (...)

The President of the EU General Court lifts obligation to provide a bank guarantee (Westfälische Drahtindustrie / Papus Industrie Beteiligungen)
Court of First Instance of Namur (Namur)
Belgium 224 contributions 43560 visits
On 13 April 2011, the President of the General Court (“GC”) suspended the execution of the fining decision of the European Commission against Westfälische Drahtindustrie GmbH, Westfälische Drahtindustrie Verwaltungsgesellschaft mbH&Co. KG (“WDV”) and Papus Industrie Beteiligungen GmbH&Co. KG (...)

The German Competition Authority suggests that divestments made after the implementation of a merger may remove jurisdiction (CTS Eventim / See Tickets Germany / Ticket Online Gruppe)
Van Bael & Bellis (Brussels)
Belgium 227 contributions 66190 visits
According to a case summary of 12 April 2011 published on the German Federal Cartel Office’s website, the Cartel Office found that CTS Eventim’s already implemented acquisition of See Tickets Germany/Ticket Online Gruppe fell outside the scope of German merger control because the parties’ (...)

The US DoJ clears an acquisition subject to conditions in the IT industry (Google / ITA)
Jones Day (Houston)
United States 31 contributions 14510 visits
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Jones Day (Washington)
United States 17 contributions 6003 visits
The U.S. Department of Justice has announced that, to allow Google’s proposed acquisition of ITA Software, DOJ and the parties have agreed to a set of requirements that will govern Google’s future operation of the ITA business. This action is notable as another challenge to a vertical merger and (...)

The Bosnian Competition Authority confirms that transfer of assets falls under definition of the “acquisition of control” under the national Merger Regulation and increases the level of fines for the failure to notify (Optima Grupa)
University of Macau - Faculty of Law (Macau)
China 282 contributions 220518 visits
On 7 April 2011 the Bosnian & Herzegovinan Competition Authority (KV) fined the petroleum company OPTIMA Grupa d.o.o. (OPTIMA) for the failure to notify a concentration, which took the form of asset acquisition. The KV has thus reaffirmed that acquisition of assets falls under definition of (...)

The Polish Competition Court upholds a merger prohibition decision in the market for railway turnouts (Cogifer / Koltram)
Van Bael & Bellis (Brussels)
Belgium 227 contributions 66190 visits
The Polish Court of Competition and Consumer Protection recently upheld two decisions of the Polish Competition Authority prohibiting concentrations, one in the market for railway turnouts and another in the market for waste battery treatment. In the first judgment, adopted on 5 April 2011, (...)

State Aid

 The EU Commission approves public financing granted to Danish broadcaster concluding that the State financing was necessary and proportionate, according to the current rules on state funding for public broadcasters (TV2)
DG COMP (Brussels)
Belgium 59 contributions 6177 visits
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Permanent Representation of Sweden to the EU (Brussels)
24 contributions 2616 visits
State aid: main developments between 1 January and 30 April 2011* On 20 April, the Commission adopted two decisions approving the funding mechanism that was in place for the Danish broadcaster TV2 between 1995 and 2002. The first decision concluded that state financing received during the (...)

The EU Commission concludes that a French venture capital fund which aims to encourage the raising of risk capital for young innovative SMEs is compatible with the guidelines on risk capital (Fonds national d’amorçage)
DG COMP (Brussels)
Belgium 59 contributions 6177 visits
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Permanent Representation of Sweden to the EU (Brussels)
24 contributions 2616 visits
State aid: main developments between 1 January and 30 April 2011* On 20 April, the Commission concluded that the national venture capital fund which aims to encourage the raising of risk capital for young innovative SMEs is compatible with the guidelines on risk capital. The French national (...)

The EU Commission re-assesses a State aid case and decides that the purchase price paid by a Finnish municipality to a real estate company does not constitute a State aid and complies with the market investor principle (Componenta / Finnish municipality Karkkila)
DG COMP (Brussels)
Belgium 59 contributions 6177 visits
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Permanent Representation of Sweden to the EU (Brussels)
24 contributions 2616 visits
State aid: main developments between 1 January and 30 April 2011* Following the Court annulment [1] of a Commission decision of 2005, on 20 April the Commission adopted a decision stating that the purchase price paid by the Finnish municipality Karkkila to Componenta does not constitute state (...)

The European Commission rules that financial support to a French automotive supplier did not constitute State aid since it complies with the market economy investor principle (FMEA, Trèves)
DG COMP (Brussels)
Belgium 59 contributions 6177 visits
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Permanent Representation of Sweden to the EU (Brussels)
24 contributions 2616 visits
State aid: main developments between 1 January and 30 April 2011* Following an in-depth investigation, on 20 April the Commission decided that financial support of €55 million to automotive supplier Trèves from the Fonds de Modernisation des Equipementiers Automobiles (FMEA) does not constitute (...)

The EU Commission conditionally approves the State aid package and the restructuring of leading Dutch financial services company (ABN AMRO)
DG COMP (Brussels)
Belgium 5 contributions 1620 visits
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DG COMP (Brussels)
Belgium 1 contribution 283 visits
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DG COMP (Brussels)
Belgium 1 contribution 283 visits
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The ABN AMRO restructuring decision* On 5 April 2011, the Commission took a final conditional decision approving the State aid package of the ABN AMRO Group and the restructuring of the company. This conditional decision followed the opening of a formal investigation on 8 April 2009, which, - (...)

Procedures

 The Swedish Competition Authority publishes two reports on competition and other market conditions in the food supply chain
European Commission (Brussels)
Belgium 714 contributions 209692 visits
Sweden: Final Report on Food and Market: Large Undertakings dominate the Food Market* The Swedish Competition Authority has on the assignment of the Government examined competition and other market conditions in the food supply chain. The results of the assignment are provided in two reports (...)

The EU Commission consults on best practices for cooperation between Member States Authorities on multi-jurisdictional mergers
Van Bael & Bellis (Brussels)
Belgium 227 contributions 66190 visits
On 28 April 2011, the European Commission published for consultation draft Best Practices for cooperation between Member State competition authorities in the review of concentrations that fall outside the scope of the EU Merger Regulation but have to be notified in more than one Member State. (...)

The US Supreme Court overturns a Court of Appeals decision in the mobile sector holding that federal law preempts State law banning class action waiver in arbitration agreements (AT&T Mobility / Concepcion)
Wolters Kluwer (Riverwoods)
United States 78 contributions 37906 visits
Customers’ Efforts to Use Arbitration to Challenge AT&T/T-Mobile Merger Fail* Federal district courts around the country have blocked AT&T Mobility LLC customers from pursuing arbitration to challenge the merger of AT&T Mobility and T-Mobile USA Inc.—a transaction valued at (...)

The US Supreme Court holds that consumer arbitration clause containing a class action waiver is enforceable (AT&T Mobility / Concepcion)
White & Case (Miami)
United States 1 contribution 771 visits
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White & Case (Los Angeles)
United States 1 contribution 771 visits
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White & Case (Washington)
United States 7 contributions 3179 visits
On April 27, 2011, the US Supreme Court issued the long-awaited opinion in AT&T Mobility, LLC v. Concepcion. (No. 09-893, 563 US ____, slip op. (April 27, 2011)) Justice Scalia’s majority opinion, joined by Chief Justice Roberts and Justices Kennedy, Thomas, and Alito, held that because (...)

The French Competition Authority imposes a duty to respect competition law in the multi-brand gift cards sector (Accentiv’Kadéos)
EDHEC (Nice)
France 11 contributions 7784 visits
Summary ACCENTIV’KADEOS had to accept to give up exclusive dealing agreements with its affiliated partners to comply with competition law. Facts On March 2, 2010, TITRES CADEAUX asked the French Competition authority to take interim measures against ACCENTIV’KADEOS to prevent them from dealing (...)

The Chinese Supreme Court issues rules on Private Actions under the Anti-Monopoly law
Linklaters (Beijing)
China 17 contributions 7842 visits
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Linklaters (Shanghai)
China 8 contributions 2110 visits
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Euclid Law (London)
United Kingdom 16 contributions 4627 visits
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On 25 April 2011, the Supreme People’s Court of China (the “SPC”) published on its website a draft of the long-awaited Provisions by the Supreme People’s Court on the Issues Regarding the Application of Law in Handling Anti-monopoly Civil Litigation Cases (the “Provisions”) for public consultation. (...)

The Serbian Administrative Court upholds the decision of the Competition Authority sanctioning two leading dairy food companies for abusing their dominant position on the raw milk market (Mlekara / Imlek)
University of Macau - Faculty of Law (Macau)
China 282 contributions 220518 visits
On 21 April 2011 the Administrative Court has upheld the infringement decision of the Serbian Competition Authority (KZK) sanctioning the two leading dairy food companies Mlekara and Imlek (both controlled by Danube Foods Group BV) for an abuse of their joint dominant position on the market for (...)

The Greek Parliament adopts a new Competition Act aiming at both increasing institutional effectiveness and promoting harmonization at European level
European Commission (Brussels)
Belgium 714 contributions 209692 visits
Greece: New Greek Competition Act enters into force* The new law (Law 3959/20.4.2011) (the new Act) which was adopted on 15 April and entered into force on 20 April 2011, aims at increasing the effectiveness of the Hellenic Competition Commission (HCC - the Authority), while further promoting (...)

The Greek Parliament adopts new competition act
Court of First Instance of Namur (Namur)
Belgium 224 contributions 43560 visits
On 12 April 2011, the Greek Parliament adopted a new legislative framework governing competition law. The Competition Protection Act (“CPA”) replaces Law No. 703/1977 and introduces a number of noteworthy amendments to the Greek competition law regime. In a bid to ensure consistency with the (...)

The Romanian Competition Authority releases its 2010 annual report
University of Macau - Faculty of Law (Macau)
China 282 contributions 220518 visits
On 22 April 2010 the Romanian Competition Authority (CC) has released its 2010 annual report. Present note shall focus exclusively on competition enforcement activities carried out by the CC in 2010 without addressing its activities related to the state aids control, competition advocacy, (...)

The EU General Court refuses to allow third party to intervene in appeal against a merger clearance (Monty Program)
Van Bael & Bellis (Brussels)
Belgium 227 contributions 66190 visits
In an order of 8 April 2011, the General Court (“GC”) refused to grant the third party Canonical leave to intervene in the appeal by Monty Program against the European Commission’s decision to approve the acquisition by Oracle of Sun Microsystems. On 21 January 2010, the European Commission (...)

The Belgian Competition Authority dismisses a claim from the Prosecutor concerning a coordinated price increase due to the non-respect of the rights of the defence (Ferrero)
Lexing (Liège)
Belgium 20 contributions 15667 visits
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Liège University (Liège)
1 contribution 264 visits
1. The Parties The present procedure was launched at the initiative of the Competition Prosecutor who opened an office instruction after having detected serious indications of concerted practices in the food industry. The following companies are targeted: Ferrero SA (hereinafter: Ferrero), (...)

The Belgian Competition Authority finds breach of due process in confectionary cartel investigation (Ferrero)
Court of First Instance of Namur (Namur)
Belgium 224 contributions 43560 visits
In a recently published decision of 7 April 2011, the Belgian Competition Council found that the rights of defence of companies, investigated for alleged coordinated price increases in the confectionary sector, had been infringed. In April 2008, the College of Competition Prosecutors opened an (...)

The Brussels Court of Appeal asks the Belgian Constitutional Court whether its jurisdiction should extend to decisions taken by the College of Competition Prosecutors in the context of a dawn raid
UGGC (Brussels)
Belgium 7 contributions 13698 visits
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Buyle Legal (Brussels)
Belgium 5 contributions 2620 visits
Introduction The Brussels Court of Appeal was asked to annul and provisionally suspend three decisions adopted by the Belgian College of Competition Prosecutors in relation to documents seized in the course of a dawn raid. The main question is whether the Brussels Court of Appeal has (...)

The UK Supreme Court declines to hear a further appeal against a ruling of the Court of Appeal rejecting a company‘s move to sue its directors and employees in order to recover competition fines payable to the OFT (Safeway)
Court of First Instance of Namur (Namur)
Belgium 224 contributions 43560 visits
On 6 April 2011, it was reported that the UK Supreme Court has declined to hear a further appeal by Safeway against a ruling of the UK Court of Appeal rejecting Safeway‘s move to sue its directors and employees in order to recover competition fines payable to the UK competition regulator, the (...)

The Luxembourg Competition Council publishes its annual report for the year 2010 (Annual Report)
European Commission (Brussels)
Belgium 714 contributions 209692 visits
Luxembourg: The Competition Council publishes its 2010 Annual Report* The Luxembourg Competition Council has published its annual report for the year 2010. As in previous years, this report outlines in the first part the main developments concerning the legal framework and the human resources (...)

Regulatory

 The Greek Parliament publishes a new law for the protection of free competition
Kyriakides Georgopoulos (Athens)
Greece 60 contributions 1283 visits
Law 3959/2011 radically reforms the legislation in relation to free competition and achieves in general terms the goals that had been set during the public consultation: enhancement of the institutional role of the Commission, improvement of the efficiency and speed of its action, safeguard of (...)

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