April 2012

General antitrust

 The UK Government publishes a consultation document on how best to encourage private sector challenges to anticompetitive behaviour
Arnold & Porter Kaye Scholer (Brussels)
Belgium 64 contributions 98650 visits
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Milbank (London)
United Kingdom 21 contributions 12200 visits
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McDermott Will & Emery (Paris)
France 134 contributions 65941 visits
PRIVATE ACTIONS IN COMPETITION LAW: UK GOVERNMENT CONSULTATION* On April 24, 2012, the UK government took a significant step towards private antitrust actions by publishing a consultation document on how best to encourage private sector challenges to anticompetitive behavior. This (...)

Anticompetitive practices

 The Hungarian Competition Authority fines undertakings for market-sharing in the railway sector (MÁV Magyar Államvasutak, Rail Cargo Hungaria, Győr-Sopron-Ebenfurti Vasút)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 218000 visits
Hungary: Fines imposed on Cartel in Rail Freight Transport Market* On 27 April 2012, the Hungarian Competition Authority (Gazdasági Versenyhivatal (GVH)) adopted a decision against MÁV Magyar Államvasutak Zrt. (MÁV), MÁV Cargo Árufuvarozási Zrt., currently called: Rail Cargo Hungaria Zrt. (...)

The US Court of Appeals for the Eleventh Circuit rejects the FTC’s latest pay-for-delay challenge (Solvay / Watson / Paddock)
Mayer Brown (Washington)
United States 1 contribution 497 visits
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US Federal Trade Commission (FTC) (Washington)
United States 1 contribution 497 visits
On April 25, 2012, the U.S. Court of Appeals for the Eleventh Circuit affirmed a lower court’s dismissal of the Federal Trade Commission’s (“FTC”) complaint against four pharmaceutical companies: Solvay Pharmaceuticals, Watson Pharmaceuticals, Par Pharmaceuticals, and Paddock Laboratories. The (...)

The US Court of Appeals for the Eleventh Circuit reaffirms that the "scope of the patent" test is the proper standard for antitrust review of reverse payment settlements among pharmaceutical companies (Solvay / Watson / Paddock)
United First Partners (New York)
United States 11 contributions 7043 visits
Introduction In FTC v. Watson Pharmaceuticals, Inc. (“Watson”), the Eleventh Circuit reaffirmed its long line of precedents and held that, absent sham litigation or fraud in obtaining the patent, the “scope of the patent” test should be used to evaluate antitrust challenges to the reverse (...)

The US Court of Appeals for the Eleventh Circuit rejects the FTC’s approach to a pay-for-delay settlement between a brand name and generic drug companies as an unlawful agreement not to compete (Solvay / Watson / Paddock)
Wolters Kluwer (Riverwoods)
United States 78 contributions 38910 visits
Eleventh Circuit Rejects FTC’s Approach to Pay-for-Delay Settlements as “Turducken Task”* The U.S. Court of Appeals in Atlanta rejected on April 25, 2012 the Federal Trade Commission’s challenge to a patent litigation settlement between brand name and generic drug companies as an unlawful (...)

The EU Commission submits comments to Ireland’s High Court in the Irish beef case for anti-competitive practices
UK Competition & Markets Authority - CMA (London)
United Kingdom 10 contributions 1979 visits
This article has been nominated for the 2013 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. “Crisis cartels” - Can an economic downturn ever excuse anti-competitive practices? Insights from a European Commission statement to Ireland’s High Court, (...)

The Competition Commission of India fines three aluminium phosphide tablets manufacturers for engaging in bid-rigging (Food Corporation of India)
Shardul Amarchand Mangaldas (New Delhi)
India 66 contributions 19332 visits
SUMMARY In tendering to the Food Corporation of India, three manufacturers of Aluminium Phosphide Tablets were found to have quoted the same rates, to have reduced rates by the same margin in negotiations, and to have collectively abstained from bidding. The CCI fined the parties 9% of (...)

The Lithuanian Supreme Administrative Court upholds the Competition Authority’s decision on an agreement in the insurance sector (Lietuvos draudimas / DK PZU Lietuva)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 218000 visits
Lithuania: The Supreme Administrative Court upholds Competition Authority’s Decision in Insurance Case* On 20 April 2012, the Supreme Administrative Court of Lithuania (the Supreme Court) definitively upheld the decision of the Competition Council of the Republic of Lithuania (CC) of 23 (...)

The Tirana Court of Appeals upholds the District Court’s judgment quashing the NCA decision concerning a concerted practice case in the markets for wheat import and production of flour (Atlas / Bloja)
University of Tirana
Albania 5 contributions 1163 visits
On April 2012 the Court of Appeals of Tirana handed down a judgment confirming a decision of the District Court of Tirana on quashing a decision of the Albanian Competition Authority (ACA). This decision imposed a fine on two major companies operating in the market of import of wheat and the (...)

The Lithuanian Supreme Administrative Court confirms that a co-insurance pool agreement has the effect of restricting competition and upholds the decision of the NCA to impose fines (AB Lietuvos draudimas / UAB DK PZU Lietuva)
Lithuanian Competition Authority (Vilnius)
Lithuania 1 contribution 260 visits
On 20 April, 2012 the Lithuanian Supreme Administrative Court (the "Court") rejected the appeals brought by two insurance companies - AB Lietuvos draudimas and UAB DK PZU Lietuva- against the Competition Council’s infringement decision (the "Decision") finding them guilty of having entered (...)

The UK OFT fines leading airlines for anti-competitive practices in relation to the pricing of passenger fuel surcharges (British Airways / Virgin Atlantic Airways)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 218000 visits
United Kingdom: British Airways to pay £ 58 500 000 (approximately € 71 515 000) Penalty in OFT Fuel Surcharge Decision* On 19 April 2012, the Office of Fair Trading announced its decision that British Airways (BA) and Virgin Atlantic Airways (VAA) engaged in anti-competitive practices in (...)

The Romanian Competition Authority finalises its report in an inquiry into the automotive spare parts market
Kinstellar (Bucarest)
Romania 7 contributions 1933 visits
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OMV Petrom (Bucharest)
Romania 7 contributions 1782 visits
In February 2009, a sector inquiry was initiated by the Romanian Competition Council (the “Competition Council”) aiming at a better understanding of the auto vehicle spare parts market. On 18 April 2012, the Competition Council published its findings in a detailed report (the “Report”). The (...)

The Competition Authority of Bosnia & Herzegovina prosecutes the regional government for public procurement infringements that resulted in restriction of competition in the transports market (Centrotrans-Eurolines)
University of Macau - Faculty of Law
China 284 contributions 224953 visits
On 18 April 2012 the Competition Authority of Bosnia and Herzegovina (KV) established that public procurement infringements by the Sarajevo cantonal Ministry of Education, Science and Youth (the Ministry) resulted in restriction of competition on the passenger transport market. The KV found (...)

The Competition Commission of India finds that ten explosives manufacturers had collectively boycotted an electronic reverse auction for the procurement of explosives (Coal India)
Shardul Amarchand Mangaldas (New Delhi)
India 67 contributions 19627 visits
SUMMARY In the Explosives Case, the Competition Commission of India (CCI) found that ten explosives manufacturers had collectively boycotted an electronic reverse auction conducted by Coal India Limited (CIL) for the procurement of bulk loading and cartridge explosives in breach of Section 3 (...)

The Competition Commission of India finds that three medical equipment/systems suppliers engaged in bid-rigging (Safdarjung hospital)
Shardul Amarchand Mangaldas (New Delhi)
India 66 contributions 20432 visits
SUMMARY The Competition Commission of India established that three medical equipment/systems suppliers had engaged in bid-rigging in a tender for the supply of equipment/systems to the Sports Injury Centre of Safdarjung Hospital in New Delhi in breach of Section 3 of the Competition Act, (...)

The French Commercial Court of Paris authorises production of documents contained in cartel case file in support of an action for damages (Primagaz / Butagaz)
Court of First Instance of Namur (Namur)
Belgium 224 contributions 46623 visits
On 11 April 2012, the Paris Commercial Court handed down a preliminary judgment, before ruling on the merits of the case, authorising a plaintiff, namely Primagaz, to produce certain documents contained in the French Competition Authority’s case file in support of an action for damages (...)

The US DoJ announces to continue investigations into the e-book industry for alleged price-fixing conspiracy (Apple)
Sidley Austin (Brussels)
Belgium 6 contributions 2393 visits
This article has been nominated for the 2013 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. The DOJ believes that Apple is forcing you to pay more for e-books* On April 11, 2012 the world of antitrust became abuzz with the news that the DOJ filed a (...)

The Hungarian Competition Office holds in a cartel case that the statutory immunity relating to agricultural products may be in violation of EU competition law (Watermelon cartel)
Lakatos, Köves (Budapest)
Hungary 35 contributions 47183 visits
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2 contributions 436 visits
The Hungarian Competition Office (“HCO”) launched competition supervision proceedings in 2012 against six major supermarket chains and two agricultural professional organisations for forming a price cartel in respect of Hungarian-produced watermelons. On 10 April 2013, the HCO terminated the (...)

The US District Court for the District of New Jersey dismisses the claims of the indirect purchasers in price-fixing litigation (Magnesium Oxide)
Constantine Cannon (New York)
United States 3 contributions 264 visits
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Constantine Cannon (New York)
United States 2 contributions 387 visits
Indirect Purchasers’ Claims Undermined In Mineral Price-Fixing Litigation* Judge Dickinson R. Debevoise of the U.S. District Court for the District of New Jersey has dismissed class action claims of price fixing brought by indirect purchasers against several magnesium oxide companies in the (...)

The US District Court for the District of New Jersey dismisses the claims of the indirect purchasers for lack of standing to bring a cause of action (Magnesium Oxide)
Weil, Gotshal & Manges (New York)
United States 1 contribution 150 visits
With No Reliance Nor Nexus, Indirect Purchaser Plaintiffs’ Claims Fall Short: In re Magnesium Oxide Antitrust Litigation (D.N.J. Apr. 5, 2012)* Introduction Antitrust claims by indirect purchasers of magnesium oxide did not survive defendant manufacturers’ motion to dismiss a complaint (...)

A French Court of Appeal rules on the jurisdiction of specialized courts on the ground of public policy in cases involving restrictives practices (Iso Confort / Altop)
Vogel & Vogel (Paris)
France 94 contributions 118881 visits
In May 2010, an operator terminated without notice a partnership agreement with another party. The latter filed a claim for damages on the basis of Articles 1134 and 1147 of the Civil Code. Applying the jurisdiction clause contained in the contract, the Commercial Court in Arras declined (...)

The UK High Court rules in favour of partial disclosure of documents in an action for damages allegedly caused by the gas insulated switchgear cartel (National Grid Electricity)
Matrix Chambers (London)
United Kingdom 7 contributions 3534 visits
National Grid – shining Pfleiderer’s light on access to EU leniency documents* A while ago I blogged on an important development in the General Court relating to the ability of victims of cartels and other anti-competitive practices to get their hands on relevant evidence enabling them to (...)

The UK High Court of Justice orders disclosure of parts for the unredacted version of the EU Commission’s switchgear cartel decision (National Grid / ABB)
Baker McKenzie (London)
United Kingdom 5 contributions 2968 visits
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Linklaters (London)
United States 2 contributions 395 visits
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Constantine Cannon (London)
United States 12 contributions 5855 visits
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This article has been nominated for the 2013 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. *Antitrust Litigation: Access to Documents Held by Regulatory Authorities The English High Court has confirmed that the principles established by the (...)

The Pakistani Competition Authority grants immunity upon a leniency application that facilitated the breakage of a cartel in the switchgear and distribution transformer market (Siemens)
Meta (Washington)
United States 11 contributions 5216 visits
On April 3 the Competition Commission of Pakistan published a landmark decision imposing fines to members participating on a switchgear and transformer distribution market cartel, upon a leniency application submitted by Siemens. The decision represents a stepping-stone within the Pakistani (...)

The Tirana District Court quashes the decision of the Albanian Competition Authority on bid rigging in the new cars public procurement (Classic / Noti)
University of Tirana
Albania 5 contributions 1163 visits
On April 2012 the District Court of Tirana, handed a decision on quashing a decision of the Albanian Competition Authority (ACA), on a bid rigging in the public procurement of new cars by various institutions in Albania. This decision imposed a fine on 4 distributors of new cars and genuine (...)

Unilateral Practices

 The Spanish Competition Authority fines electrical utility incumbent approximately €1 million for failing to comply with a decision of the Competition Court (Endesa)
Van Bael & Bellis (Brussels)
Belgium 191 contributions 65818 visits
On 26 April 2012, the Spanish National Competition Authority (CNC) fined electrical utility incumbent Endesa approximately € 1 million for failing to comply with a December 2006 CNC decision. In that case, the CNC found that Endesa had taken advantage of privileged information to which (...)

The UK High Court grants an interim injunction against the use by private hire vehicles of bus lanes marked for taxis (Transport for London)
Matrix Chambers (London)
United Kingdom 7 contributions 3534 visits
Taxi wars in London – does EU law have a role to play?* On Thursday of last week the High Court granted Transport for London (TfL) an interim injunction relating to the high-profile raising of the stakes in its battle with Addison Lee (AL), the largest “private hire” (ie minicab) operator (...)

The Croatian High Administrative Court upholds the Competition Authority’s decision concerning the abuse of dominance in the collection of royalties (Croatian Composers’ Society)
University of Macau - Faculty of Law
China 284 contributions 224953 visits
On 7 March 2012 the Croatian High Administrative Court (VUS) upheld the infringement decision of the Croatian Competition Authority (AZTN) issued against the Croatian Composers’ Society (HDS-ZAMP) for abusing its dominant position on the market for collection of royalties for copyrighted music (...)

The EFTA Court sanctions for abuse of dominant position a company active in the market for business-to-consumer parcel services with over-the-counter delivery, thus addressing the issue of judicial review (Posten Norge)
Jones Day (Paris)
France 30 contributions 25408 visits
A lesson on judicial review from the other European Court in Luxembourg* Legal change sometimes takes unpredictable paths: mid-April, something important happened for European law in Luxembourg, but this did not come from the European Court of Justice (the “ECJ”). Not every reader of this (...)

The Guangdong Higher People’s Court of China holds the first hearing for abuse of dominance in the market of online instant communications services (360 / QQ)
King & Wood Mallesons (Beijing)
China 36 contributions 23204 visits
360 v. QQ-Abuse of Dominance Action Tried at Guangdong Higher Court* On April 18, the Guangdong Higher People’s Court held the first court hearing for the abuse of dominance action filed by Qihoo (the operator of 360 safety software) against Tencent (the operator of QQ instant messaging (...)

The EFTA Court upholds the Surveillance Authority’s decision on an abuse of dominant position in the postal sector (Posten Norge)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 218000 visits
ESA: The EFTA Court upholds EFTA Surveillance Authority Decision finding Abuse of Dominance by Norway Post* On 18 April 2012, the EFTA Court (the Court) upheld a decision of the EFTA Surveillance Authority (the Authority) of 14 July 2010 finding that Posten Norge AS (Norway Post) abused its (...)

The Spanish Constitutional Court seems to set a fatal blow to regional competition authorities in a ruling concerning an abuse of dominance case in the bus transport sector (Madrid Southern Bus Station)
European Commission - DG COMP (Brussels)
Belgium 5 contributions 2321 visits
Background On March 8, 2006 Aníbal S.L. – a firm providing services on the international passenger bus route Lisbon-Madrid-Paris, for which they held the mandatory administrative authorisation – sent a letter of complaint against the concessionaire of the Madrid Southern Bus Station (Esamsa) (...)

The Polish Competition Authority accepts commitments in the natural gas market (PGNiG)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 218000 visits
Poland: PGNiG’s Commitments in Abuse of Dominance Case in Gas Sector* On 13 April 2012, UOKiK adopted a decision which renders the commitments offered by Polskie Górnictwo Naftowe i Gazownictwo (PGNiG) binding in the framework of proceedings relating to an alleged abuse of dominant position (...)

A US District Court grants a motion for summary judgment stating that the alleged exclusionary conduct constituted non-price restraints and thus subject to the rule of reason analysis (Church & Dwight / Mayer Laboratories)
Sheppard Mullin (Los Angeles)
United States 46 contributions 7900 visits
“Planogram” and “Category Captain” Marketing Programs Held Non-Exclusionary* Rival condom manufacturer’s antitrust claims dismissed. Church & Dwight Co., Inc. v. Mayer Laboratories, Inc., United States District Court, Northern District of California, Case No. C-10-4429 EMC (April 12, (...)

The Portuguese Competition Authority sanctions abusive behaviour by a dominant company before national health service hospitals (Roche Farmacêutica Química)
Morais Leitão, Galvão Teles, Soares da Silva (Lisbon)
Portugal 19 contributions 2512 visits
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Morais Leitão, Galvão Teles, Soares da Silva (Lisbon)
Portugal 24 contributions 2704 visits
I. Background The Portuguese Competition Authority (PCA) decision of 12 April 2012, in case PRC 2008/10, was triggered by an antitrust complaint lodged on June 2008 against Roche Farmacêutica Química, Lda (Roche) by a competitor also active in supply of medicinal products to Portuguese (...)

The Albanian Competition Authority fines a concessionaire for abusing its dominant position in the market of unloading liquefied petroleum gas services at a port terminal (Romano Port)
Luiss Guido Carli University (Rome)
Italy 2 contributions 482 visits
With a recently published decision of April 11, 2012, the Albanian Competition Authority (the “Authority”) imposed a 6.7 million Albanian Lek fine on Romano Port SHA (i.e., € 47,722, equal to 2.35% of the company’s annual turnover) for alleged abuse of its dominant position in the market of (...)

The Romanian Competition Authority closes an investigation about alleged abuse of dominant position on the Romanian telecom sector (Romtelecom / Netmaster)
Kinstellar (Bucarest)
Romania 7 contributions 1933 visits
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OMV Petrom (Bucharest)
Romania 7 contributions 1782 visits
The interest of the Romanian Competition Council (the “Competition Council”) in the telecommunications sector has increased significantly in recent years with several investigations being finalised or due to be finalised in the recent period. As publicly stated by the President of the (...)

The Croatian Competition Authority rejects a complaint about abuse of dominant position in the market for supply/sale of natural gas (Prirodni Plin)
European Commission - DG COMP (Brussels)
Belgium 1 contribution 231 visits
Croatia: When is a Good Time to Argue with the Agency?* On April 5, 2012 the Croatian Competition Agency (“Agency”) rendered a decision rejecting a complaint against the company Prirodni Plin d.o.o. (Natural Gas Ltd – “NG”) for abuse of dominant position on the market for supply/sale of (...)

Mergers

 The US DoJ conditions merger approval upon the divestiture of supply contracts in 8 local school districts affecting the market for school bus transportation services (National Express / Petermann)
Akin Gump Strauss Hauer & Feld (Dallas)
United States 18 contributions 5029 visits
On April 30, 2012, the Department of Justice announced a conditional approval of the merger between National Express Corporation and Petermann Partners Inc., hinging upon the divestiture of the merging firms’ service contracts in 8 local markets. National Express and Petermann serve as (...)

The Latvian Competition Council approves conditionally proposed merger of dairies (Thyrenos)
Latvian Competition Council (Riga)
Latvia 122 contributions 23790 visits
Binding Obligations set to Merger of Dairy Companies* On 28 April 2012 the Competition Council (CC) adopted a decision to approve proposed merger of dairies AS Rīgas piena kombināts and AS Valmieras piens. Thus, Thyrenos Holdings Ltd. that exercises indirect control over AS Rīgas piena (...)

The Italian Competition Authority reviews a merger in the airline sector and imposes the elimination of the monopoly position on the Milan Linate-Rome route (Alitalia / Air One)
Municipality of Cagliari
167 contributions 133102 visits
Introduction On the basis of Law Decree 134/2008 the Italian Competition Authority (ICA) conditionally cleared the Alitalia/Air One merger by imposing a set of behavioral remedies to prevent the imposition of excessive prices. It also set the a three-year deadline for the review of the (...)

The Belgian Competition Authority fines a telecommunications company €75K for providing an incomplete response to a questionnaire during a merger review (Belgacom)
Van Bael & Bellis (Brussels)
Belgium 154 contributions 52661 visits
On 5 April 2012, the Competition Council imposed a fine of € 75,000 on Belgian telecommunications company Belgacom for providing an incomplete response to a request for information in the context of the merger review of Belgacom’s acquisition of The Phone House. During the review of (...)

The Tunisian Competition Authority rules on a merger case and considers that it lies within the notification threshold of national competition law (Carlyle Group / Gores Broadband)
Tunisian Competition Council (Tunis)
Tunisia 3 contributions 1023 visits
I. Introduction 1. Tunisia has been the first country in the Arab world to enact a competition law since 1991. The enactment of the Tunisian competition law was a normal result of the open trade policy adopted by Tunisia in the early 1990s. During that period, Tunisia established a strategy (...)

The Peruvian Congress discusses bill introducing a general merger review regime for relevant transactions in the market
IE Business School (Madrid)
Spain 2 contributions 259 visits
Merger review bill discussed in Peru* Peru lacks a general merger control regime (only transactions in the energy sector are subject to control by INDECOPI, in accordance to Ley Nº 26876). That could be one of the reasons why some of Peruvian’s industries and sectors of economic activity (...)

State Aid

 The Austrian Regional Court of Klagenfurt rules that defendants must pay local authority liability commissions for loan guarantees because the fact that the operative law does not expressly provide for liability commissions does not preclude the State from charging them
University of Vienna
Austria 16 contributions 964 visits
Background & Facts of the case In 1990, the Province of Carinthia enacted the Kärntner Landesholding-Gesetz (Law on the regional holding company of Carinthia, hereafter “K-LHG”), that provided for a transfer of all the assets of the regional mortgage bank, that had existed since 1894, (...)

The Danish High Court for Western Denmark finds that the national Government was justified in revoking subsidies to a ready-meal manufacturer that were designated for SMEs because the controlling parties also owned other companies in adjacent markets, negating the requisite SME status (Skare Food)
Honoré, Fallesen & Andersen - HFA Law (Copenhagen)
Denmark 7 contributions 256 visits
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Honoré, Fallesen & Andersen - HFA Law (Copenhagen)
Denmark 31 contributions 36656 visits
In a judgement of April 2012, the High Court of Western Denmark has considered the EU’s SME definition. In the judgement, the court found that a business that had initially been awarded app. DKK 3.4 million (app. EUR 460,000) in subsidies under a European Agricultural Guidance and Guarantee (...)

Procedures

 The Spanish Supreme Court validates the seizure of documents protected by legal privilege and those beyond the scope of the inspection order (STANPA)
Lonza (Basel)
Switzerland 6 contributions 6528 visits
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Cuatrecasas (Barcelona)
Spain 7 contributions 1079 visits
On April 27, 2012, the Spanish Supreme Court issued judgment number 6552/2009 on the appeals submitted by the Asociación Nacional de Perfumería y Cosmética (“STANPA”) and the Spanish Competition Authority (“CNC”) against the judgment of the Audiencia Nacional (Spanish Court of Appeal, “AN”) of (...)

A Czech Court confirms that phone recordings may be lawfully used as evidence in antitrust proceedings (Husky)
Diwok Hermann Petsche (Baker McKenzie Vienna)
Austria 7 contributions 2324 visits
Introduction In April 2012 the Regional Court in Brno confirmed the decision of the Czech Office for Protection of Economic Competition (“Czech Competition Authority”) fining HUSKY CZ for resale price maintenance. Based on the findings of the Czech Competition Authority, HUSKY CZ set the (...)

The Spanish Competition Authority publishes a report on competition in professional services sector
European Commission - DG COMP (Brussels)
Belgium 714 contributions 218000 visits
Spain: The Comisión Nacional de la Competencia publishes Report on Competition in professional Services Sector* On 26 April 2012, the Comisión Nacional de la Competencia (CNC) released a report analysing the state of competition in the professional services sector subsequent to the (...)

The Swedish Government initiates inquiry regarding certain aspects of competition legislation
European Commission - DG COMP (Brussels)
Belgium 714 contributions 218000 visits
Sweden: The Government initiates Inquiry regarding certain Aspects of Competition Legislation* On 26 April 2012, the Swedish Government appointed Mr Severin Blomstrand (a judge at the Swedish Supreme Court) to carry out an inquiry into certain aspects of the Swedish legislation governing the (...)

The Romanian Competition Authority proposes liberalization of motor vehicle spare parts market
European Commission - DG COMP (Brussels)
Belgium 714 contributions 218000 visits
Romania: The Competition Council proposes Liberalization of Motor Vehicle Spare Parts Market* The Romanian Competition Council (RCC) has recently finalized its sector inquiry on spare parts for motor vehicles. The proposed scope of the investigation was to identify the market mechanisms (...)

The UK Government is consulting on reforms aimed at making it easier to bring private actions for antitrust damages
University of East Anglia (Norwich)
United Kingdom 29 contributions 26290 visits
Article published on Centre for Competition Policy blog. An Unpopular Solution to the Private Enforcement Problem* The UK’s Department for Business is currently consulting on a package of reforms aimed at making it easier to bring private actions for damages against firms engaged in (...)

The UK Government launches consultation implementing alternative remedies to reform private actions in competition law
University of East Anglia (Norwich)
United Kingdom 13 contributions 26433 visits
Article published on Centre for Competition Policy blog. Breaking the deadlock? Private antitrust enforcement in the UK* Private antitrust enforcement in the UK has never got off the ground, even after the Competition Act of 1998 introduced enforceable antitrust provisions. Plaintiffs (...)

The UK Government publishes a consultation on private actions in competition law proposing a rebuttable presumption of 20% price rise for damages against proven cartels
University of East Anglia (Norwich)
United Kingdom 2 contributions 343 visits
This article has been nominated for the 2013 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. A Rebuttable Presumption of 20% Price Rise for Damages against Proven Cartels?* The UK Government yesterday published a consultation on private actions in (...)

The US District Court for the Northern District of California denies motion to dismiss conspiracy claims with bilateral agreements (In re High-Tech Employee Antitrust Litigation)
Cohen Milstein (New York)
United States 57 contributions 7458 visits
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Burns Charest (Washington)
United States 57 contributions 7458 visits
In a high-technology case, employees of various high-tech companies sued their employers for conspiring to restrict their salaries. 856 F. Supp. 2d at 1108. Many of the plaintiffs’ allegations mirrored those from earlier complaints that the Department of Justice filed against the same firms, (...)

The U.S. Supreme Court issues a decision addressing the pharmaceutical “use codes” and their impact on generic drugs approval process (Caraco)
Gibson Dunn (New York)
United States 20 contributions 11345 visits
New U.S. Supreme Court Decision Addresses Pharmaceutical “Use Codes”* The U.S. Supreme Court recently issued a decision that provides generic pharmaceutical manufacturers with the ability to challenge the “use codes” listed by brand name manufacturers in filings made with the U.S. Food and (...)

The Spanish Competition Authority organizes a roundtable on liberalization and competition in airline and airport sectors
European Commission - DG COMP (Brussels)
Belgium 714 contributions 218000 visits
Spain: Roundtable on Liberalization and Competition in Airline and Airport Sectors* On 12 April 2012, the Comisión Nacional de Competencia (CNC) organized a roundtable entitled Liberalization and competition on the airline and airport sectors. This roundtable is part of the advocacy efforts (...)

The French Competition Authority publishes its provisional findings in automotive aftermarkets sector inquiry and consults stakeholders
European Commission - DG COMP (Brussels)
Belgium 714 contributions 218000 visits
France: The Autorité de la Concurrence publishes its provisional Findings in Automotive Aftermarkets Sector Inquiry and consults Stakeholders* On 11 April 2012, the Autorité made its initial findings public in order to allow all players to submit their comments, before issuing its final (...)

The US District Court for the District of New Jersey dismisses class action claims for price fixing brought by indirect purchasers against several magnesium oxide companies (Magnesium Oxide)
Cohen Milstein (New York)
United States 57 contributions 7458 visits
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Burns Charest (Washington)
United States 57 contributions 7458 visits
In this horizontal price-fixing conspiracy case, the defendants argued that the plaintiffs’ complaint failed to adequately plead fraudulent concealment so as to toll the statute of limitations. In particular, the plaintiffs purportedly failed to plead (1) that the conspiracy was (...)

The Serbian Competition Authority releases its 2011 annual report
University of Macau - Faculty of Law
China 284 contributions 224953 visits
In April 2012 the Serbian Competition Authority (KZK) released its 2011 Annual Report, where it summarized its competition enforcement and related activities carried out in 2011. The principal feature of the KZK’s activity in 2011 was the application of the 2009 Competition Act, which (...)