April 2015

Anticompetitive practices

 ECJ Advocate General Wathelet renders an opinion endorsing limits to the EU Commission’s abilities to impose fines (InnoLux)
Simmons & Simmons (London)
United Kingdom 19 articles 2435 visits
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Simmons & Simmons (London)
United Kingdom 12 articles 2213 visits
In Brief On 30 April 2015, Advocate General (AG) Wathelet gave his Opinion on an appeal brought before the Court of Justice of the European Union (ECJ) by InnoLux Corp. (InnoLux) concerning the European Commission’s liquid crystal display (LCD) panels cartel decision. AG Wathelet agreed with (...)

The Danish Competition Authority concludes a settlement with a supplier of hardball-gear guilty of resale price maintenance (ActionSportGames)
Danish Competition and Consumer Authority (Copenhagen)
Denmark 66 articles 7009 visits
ActionSportGames pays fine in settlement for resale price maintenance* On April 30, 2015, ActionSportGames A/S, a Danish supplier of hardball-gear – an activity similar to paintball – entered into a settlement with the Danish Public Prosecutor for Serious Economic and International Crime for (...)

The Romanian High Court of Cassation and Justice upholds irrevocably the sanctions pronounced by the Romanian Competition Authority against two undertakings for bid rigging (Condmag and Inspet)
Romanian Competition Council (Bucharest)
Romania 34 articles 4371 visits
The High Court of Cassation and Justice has confirmed irevocably the sanctions aplied by the Romanian Competition Council to CONDMAG and INSPET companies* The High Court of Cassation and Justice has confirmed irevocably the sanctions aplied by the Romanian Competition Council in 2012 to (...)

The Fujian Price Bureau adopts antitrust measures for the China Pilot Free Trade Zone
University of Melbourne
Australia 102 articles 13594 visits
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China Competition Bulletin (Beijing)
China 101 articles 11130 visits
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Hogan Lovells (Beijing)
China 60 articles 6194 visits
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Fujian Price Bureau adopts antitrust measures for the China (Fujian) Pilot Free Trade Zone* On 30 April 2015, the Fujian Price Bureau issued the Anti-Price Monopoly Measures for the China (Fujian) Pilot Free Trade Zone. The aims of the measures are to enhance the market price order, protect (...)

The Danish Competition Authority concludes a settlement with a producer of trailers guilty of price resale maintenance (Variant)
Danish Competition and Consumer Authority (Copenhagen)
Denmark 66 articles 7009 visits
Variant A/S, Denmark, pays fine in settlement for resale price maintenance* On April 29, 2015, Variant A/S, a Danish producer of trailers, entered into a settlement with the Danish Competition and Consumer Authority for infringing section 6 of the Danish Competition Act by imposing resale (...)

The Düsseldorf Higher Regional Court upholds that remuneration system applied in the "Irsching contracts" between two electricity providers is in violation of competition law (E.ON and TenneT)
German Competition Authority (Bonn)
Germany 237 articles 28453 visits
Düsseldorf Higher Regional Court confirms that the remuneration system applied in the "Irsching contracts" is in violation of competition law* In its decision of 28. April 2015 (see Press Release of the Düsseldorf Higher Regional Court of 28 April 2015) the Düsseldorf Higher Regional Court (...)

The Indian Competition Authority starts investigating a taxi company for abuse of dominance through predatory pricing (Fast Track Call Cab / ANI Technologies - OLA Cabs)
Vaish Associates, Advocates (New Delhi)
India 207 articles 10200 visits
Competition Commission launches investigation into OLA Cabs* By an order dated April 24 2015 the Competition Commission launched an investigation into M/s ANI Technologies Pvt Ltd (OLA Cabs) for alleged abuse of its dominant position by indulging in predatory pricing in the relevant market (...)

The Cyprus Competition Authority heavily fines an anticompetitive agreement considering the seriousness of the infringement and its duration in the spare parts market (Daimler)
Neocleous (Nicosia)
Cyprus 10 articles 547 visits
Factual background The case concerned two companies namely Kapodistrias and Kyros who were active in the import, purchase, supply and resale of original spare parts for Mercedes-Benz vehicles, which were supplied by dealers and suppliers from abroad. Kyros and Kapodistrias claimed that, after (...)

The Competition Commission of India passes an order in favour of prominent online retail platforms in India (Mohit Manglani / M/s Flipkart India)
Chandhiok & Associates (New Delhi)
India 6 articles 1787 visits
Introduction After Google, e-commerce seems to be next hot topic in the antitrust community. The European Commission’s recent inquiry has made this sector one of the most watched ones. Predictably, with the exponential increase in internet penetration, the Indian competition law has also (...)

The EU Court of justice clarifies the approach to be taken by the Commission on the issue of internal sales when setting a cartel fine (LG Display)
Simmons & Simmons (London)
United Kingdom 19 articles 2435 visits
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Simmons & Simmons (London)
United Kingdom 12 articles 2213 visits
In Brief On 23 April 2015, the Court of Justice of the European Union (ECJ) dismissed LG Display’s and LG Display Taiwan Co. Ltd’s appeal against a General Court judgment on their liability for fines arising from the LCD cartel. The case is significant because the ECJ has clarified the approach (...)

The Commission for the Protection of Competition in Cyprus fines a car manufacturer and its local distributor for a vertical agreement regarding spare parts (CIC-Daimler)
Harris Kyriakides LLC
Cyprus 1 article 186 visits
The Commission for the Protection of Competition in Cyprus (Commission) has issued its decision on the CIC-Daimler AG case, imposing a record aggregate fine of €20.7 million on Cyprus Import Corporation Ltd and Daimler AG, on grounds related to infringements of Article 3(1)(b) of the Protection (...)

The UK Competition and Markets Authority announces that it received a super-complaint from an independent consumer body (Which)
DLA Piper (London)
United Kingdom 25 articles 15624 visits
On 21 April 2015, the Competition and Markets Authority (CMA) announced that it received a super-complaint from the independent consumer body Which? (Which) in respect of perceived concerns about misleading and opaque pricing practices in the UK grocery market. This relates to both in-store (...)

The Mexican Competition Authority opens an investigation in the air transport sector
Mexican Competition Authority (Mexico City)
Mexico 21 articles 1541 visits
COFECE initiates investigation into air transport sector* Through the Mexican Federal Official Gazette and its website, the Federal Economic Competition Commission’s (COFECE) Investigative Authority publicly announced the extract of its ex-officio investigation initiation decision under file (...)

The Italian Competition Authority issues a commitment decision and closes an investigation regarding contracts concluded between online booking websites and their partner hotels (Online Hotel Reservation)
Desogus Law Office (Cagliari)
Italy 118 articles 100147 visits
By a commitment decision made on 21 April 2015 in the Mercato dei Servizi Turistici-Prenotazione Alberghiere Online case (thereinfter Online Hotel Reservation) the Italian Competition Authority (ICA) has closed an Article 101 TFEU investigation against Booking. The ICA has launched the (...)

The FTC expresses “strong concerns” over State regulations offering to provide antitrust immunity to certain healthcare collaborations undertaken with Department of health’s approval and supervision (COPA)
Sheppard Mullin (Los Angeles)
United States 13 articles 1515 visits
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Sheppard Mullin (Century City)
United States 8 articles 764 visits
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Sheppard Mullin (Century City)
United States 1 article 67 visits
State Regulatory Scheme Offering Antitrust Immunity to Healthcare Collaborations Creates Tension Between Federal and State Antitrust Enforcement* On April 22, 2015, the Federal Trade Commission submitted a public letter to the New York State Department of Health (DOH) expressing “strong (...)

The German Competition Authority publishes a draft decision concerning the round timber proceedings against a Federal State (Baden-Württemberg)
German Competition Authority (Bonn)
Germany 237 articles 28453 visits
Bundeskartellamt issues a draft decision in the round timber proceedings against the Federal State of Baden-Württemberg* In the proceedings concerning the marketing of round timber by the Federal State of Baden-Württemberg, the Bundeskartellamt has today sent a draft decision to the state and (...)

The Pakistan Competition Authority issues an opinion concerning public procurement of electric power equipment
Competition Commission of Pakistan (Islamabad)
Pakistan 11 articles 671 visits
CCP issues opinion to address competition concerns in public procurement of electric power equipment* The Competition Commission of Pakistan (CCP) has issued an Opinion under Section 29 of the Competition Act, 2010 containing its recommendations in the matter of procurement of electrical (...)

The Pakistan Competition Authority imposes fines on an association of automobile manufacturers for cartel (PAMADA)
Competition Commission of Pakistan (Islamabad)
Pakistan 11 articles 671 visits
CCP imposes pkr 140 million penalty on automobile dealers’ association for cartelization* The Competition Commission of Pakistan (CCP) has passed an order imposing a penalty of PKR 140 Million on the Pakistan Automobile Manufacturers Authorized Dealers Association (PAMADA) for cartelization in (...)

The US Court of Appeals for the 7th Circuit rejects a claim of collusion in the text messaging sector and reminds the limits of "hot" documents (Text messaging antitrust litigation)
BakerHostetler (Washington)
United States 3 articles 1452 visits
Collusion Course: The Limits of Hot Documents* Discovery in antitrust cases often involves a search for smoking-gun documents. Those documents can consist of emails proving that competitors conspired to raise prices, removing the difficulties faced by prosecutors or civil plaintiffs in proving (...)

The Croatian Competition Authority issues two cartel decisions concerning the personal protection market and the market of provision of berth and mooring services (Sokol Marić / AKD-Zaštita / Securitas Hrvatska)
Croatian Competition Agency (Zagreb)
Croatia 37 articles 3738 visits
Two cartel decisions by the CCA* The Croatian Competition Agency adopted two decisions on prohibited horizontal agreements, first, in the provision of personal protection services involving seven undertakings and second, in the provision of berth and mooring services, where nine undertakings (...)

The Mexican Supreme Court of Justice upholds the decision of the Competition Authority concerning a bid-rigging in the pharmaceutical sector (Baxter, Fresenius, Eli Lilly and Pisa)
Mexican Competition Authority (Mexico City)
Mexico 21 articles 1541 visits
The Supreme Court of Justice decides on bid rigging in social security public tenders case* The Mexican Supreme Court of Justice (SCJ) confirmed the legality of a resolution issued by the extinct Federal Competition Commission in 2010, against pharmaceutical enterprises Baxter, Fresenius, Eli (...)

The China’s State Administration for Industry and Commerce publishes guidelines on application of the anti-monopoly law to intellectual property rights
Jones Day (Beijing)
China 39 articles 16199 visits
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Gibson Dunn (Hong Kong)
Hong Kong 25 articles 8154 visits
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Jones Day (Beijing)
China 32 articles 14110 visits
After years of discussions, China’s State Administration for Industry and Commerce finally has released its guidelines on the application of the PRC Anti-Monopoly Law ("AML") to intellectual property rights ("Guidelines"). The Guidelines will come into force on August 1, 2015. The Guidelines (...)

The US Department of Justice announces first criminal prosecution against a conspiracy specifically targeting e-commerce (Topkins)
Siemens (New York)
United States 21 articles 5280 visits
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Patterson Belknap Webb & Tyler (New York)
United States 5 articles 723 visits
First E-commerce Price Fixing Prosecution Yields Swift Guilty Plea* In what it is calling the Antitrust Division’s “first criminal prosecution against a conspiracy specifically targeting e-commerce,” the Department of Justice has announced that an individual has agreed to plead guilty to charges (...)

The French Competition Authority publishes a new notice concerning its leniency programme
French Competition Authority (Paris)
France 420 articles 95716 visits
Revision of the leniency procedural notice* The Autorité de la concurrence has published a new notice concerning its Leniency Programme The Autorité de la concurrence, meeting in plenary session, has adopted the revised procedural notice relating to its Leniency Programme. This revision of the (...)

The Hellenic Competition Authority sends a statement of objections to undertakings for suspected cartel in the steel long products sector (Sidenor / Hellenic Halyvourgia / Halyvourgiki)
Hellenic Competition Authority (Athens)
Greece 35 articles 4958 visits
Statement of Objections addressed to companies active in the production and trading of steel products regarding alleged infringements of competition rules * Following the issuing of a Statement of Objections, the Hellenic Competition Commission (HCC) will convene on 29.05.2015 to hear a case (...)

The Financial Conduct Authority of United Kingdom is empowered to promote effective competition in the interest of consumers in the markets for regulated financial services
DLA Piper (London)
United Kingdom 25 articles 15624 visits
Summary From 1 April 2015, the Financial Conduct Authority ("FCA") is empowered under the Competition Act 1998 ("CA98") to promote effective competition in the interest of consumers in the markets for regulated financial services. This change allows the FCA to be a concurrent enforcer of (...)

Unilateral Practices

 The Australian Federal Government proposes to extend consumer protections against unfair contract terms to some small business contracts
Corrs Chambers Westgarth (Melbourne)
Australia 1 article 65 visits
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Corrs Chambers Westgarth (Melbourne)
Australia 1 article 65 visits
Extension of unfair contract terms protection to small businesses - Many franchise agreements likely to be caught* The Federal Government has released an exposure draft of proposed legislation that would extend consumer protections against unfair contract terms to small business contracts that (...)

The Hellenic Competition Authority imposes fines on one undertaking operating on the retail market for baby diapers for abuse of dominance (Procter & Gamble)
Hellenic Competition Authority (Athens)
Greece 35 articles 4958 visits
Infringement decision with fines addressed to Procter & Gamble concerning antitrust violations in the retail market for baby diapers in Greece* Infringement decision with fines addressed to Procter & Gamble concerning antitrust violations in the retail market for baby diapers in Greece (...)

The Italian Competition Authority renders legally binding the commitments proposed by an online hotel booking company (Booking.com)
Italian Competition Authority (Rome)
Italy 6 articles 988 visits
Commitments offered by booking.com: closed the investigation in Italy, France AND Sweden* On 21 April 2015, the Italian Competition Authority has rendered legally binding the commitments offered by Priceline Group’s companies Booking.com BV and Booking.com (Italy) and closed, with respect to (...)

The French Competition Authority obtains extensive commitments from an online hotel booking company (Booking.com)
French Competition Authority (Paris)
France 420 articles 95716 visits
Online hotel booking sector* The Autorité de la concurrence, in coordination with the European Commission and the Italian and Swedish authorities, has obtained particularly extensive commitments from Booking.com aiming to boost competition between online booking platforms and give hotels more (...)

The Dutch Competition Authority publishes new guidelines on vertical restraints including a case study modelled on the Tooltechnic case
RBB Economics (Brussels)
Belgium 13 articles 9501 visits
RPM and strong inter-brand competition – Tooltechnic coming to Europe?* On 20 April 2015, the Dutch competition authority ACM published Guidelines on its enforcement priorities with respect to vertical restraints. The document contains a number of case studies intended to illustrate the types (...)

The FTC seeks to secure first disgorgement in nearly a decade (Cardinal Health)
Womble Bond Dickinson (Charlotte)
United States 1 article 268 visits
FTC Seeks to Secure First Disgorgement in Nearly a Decade* The FTC announced yesterday that Cardinal Health, Inc. (“Cardinal”) has agreed to pay $26.8 million to resolve its investigation into the company’s alleged anticompetitive behavior. If approved by a federal court, the settlement would (...)

The Swedish Market Court finds that the principle of ne bis in idem does not hinder the Court from imposing fines on an undertaking, despite the fact that the company has already been subject to a previous court judgment to put an end to the company’s abusive practice (Swedavia)
Vinge (Stockholm)
Sweden 9 articles 579 visits
The Swedish Market Court (Sw. Marknadsdomstolen) found, on 17 April 2015, that the principle of ne bis in idem did not hinder the Swedish Competition Authority from imposing fines on the undertaking Swedavia AB (“Swedavia”) for abusing its dominant position, despite the fact that the company had (...)

A US district court dismisses claims of conspiracy to protect a monopoly by "product hopping", citing risk to slow or halt pharmaceutical innovation (Mylan / Warner Chilcott)
BakerHostetler (Philadelphia)
United States 1 article 82 visits
Product Hopping and Antitrust: Mylan Court Dismisses Claims on Summary Judgment, Citing Need to Avoid Chilling Pharmaceutical Innovation* A recent summary judgment opinion from the Eastern District of Pennsylvania breaks new ground in the developing antitrust law on “product hopping” claims. (...)

The US Court of Appeals for the 11th Circuit holds that a rebate program requiring exclusivity from distributors was an unlawful maintenance of monopoly power (McWane)
Sheppard Mullin (Los Angeles)
United States 13 articles 1515 visits
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Sheppard Mullin (Century City)
United States 8 articles 764 visits
Eleventh Circuit Affirms FTC Finding that Rebate Program Served to Unlawfully Maintain Monopoly Power* The Eleventh Circuit recently affirmed a Federal Trade Commission finding that a manufacturer’s rebate program requiring exclusivity from its distributors was an unlawful maintenance of (...)

The Swedish Competition Authority approves voluntary commitments of an online hotel booking companysubject to penalty of a fine (Booking.com)
Vinge (Stockholm)
Sweden 9 articles 579 visits
The Swedish Competition Authority decided, on 15 April 2015, to approve the voluntary commitments presented by Bookingdotcom Sverige AB and Booking.com BV (below, jointly referred to as “Booking.com”). The commitments are associated with a fine of SEK 5 million (approx. EUR 550 000) for (...)

The Judicial Appeal Board on civil and administrative cases of East Kazakhstan region fines a group of companies for refusing to conclude a contract with customer (AES Ust-Kamenogorsk HPS)
Center for Development and Protection of Competition Policy (Astana)
Kazakhstan 9 articles 1131 visits
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Kazakhstan Association of Mining and Metallurgical Companies (Astana)
2 articles 466 visits
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Center for Development and Protection of Competition Policy (Astana)
Kazakhstan 2 articles 466 visits
On April 13, 2015 Judicial Appeal Board on civil and administrative cases of East Kazakhstan region considered the petition of appeal filed by “AES Ust-Kamenogorsk HPP” LLP against the order of the specialized administrative court of Ust-Kamenogorsk dated March 16, 2015 (Court of first (...)

The German Competition Authority sends a statement of objections to an online hotel booking company suspected to abuse of dominance (Booking.com)
German Competition Authority (Bonn)
Germany 237 articles 28453 visits
Bundeskartellamt issues statement of objections regarding Booking.com’s ’best price’ clauses* Today the Bundeskartellamt has informed Booking.com Deutschland GmbH, Berlin, of its competition concerns regarding the continued use of ’best price’ clauses in its contracts with hotels in Germany. This (...)

Mergers

 The UK Competition and Market Authority formally clears a merger in the insurance sector following an in-depth enquiry (Xchanging / Agencyport)
British Competition Authority - CMA (London)
United Kingdom 65 articles 8831 visits
CMA formally clears specialist insurance merger* The CMA has formally cleared the completed acquisition by Xchanging of certain companies comprising all of the European operations of Agencyport. Xchanging plc (Xchanging) and Agencyport Software Group (Agencyport) supply specialist software to (...)

The US DOJ blocks a merger between two semiconductor equipment suppliers because the combination would have threatened to diminish innovation (AMAT / TEL)
Doyle, Barlow & Mazard (Washington DC)
5 articles 630 visits
Mergers That Diminish Innovation Present Deal Risk* On April 27, 2015, the Department of Justice’s (“DOJ”) Antitrust Division released a statement regarding Applied Materials Inc. (“AMAT”) and Tokyo Electron’s (“TEL”) joint announcement that they abandoned their merger. The Antitrust Division’s (...)

The Finnish Competition and Consumer Authority lifts certain remedies imposed on a dairy processor and manufacturer in two earlier merger clearance decisions (Valio)
Merilampi Attorneys (Helsinki)
Finland 7 articles 15591 visits
On 23 April 2015, the Finnish Competition and Consumer Authority (“FCCA”) issued a decision accepting Valio Oyj’s (“Valio”) application to lift certain conditions imposed on Valio in two earlier merger clearance decisions (Case No 1151/81/99 acquisition of the regional dairies Osuuskunta (...)

The Spanish Competition Authority clears the acquisition of the first national pay-tv provider by a direct competitor (Telefónica / DTS)
Linklaters (Madrid)
Spain 7 articles 3562 visits
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Linklaters (Madrid)
Spain 1 article 408 visits
1 Introduction On 22 April 2015, seven months after it was notified of the incumbent telecoms operator Telefónica’s acquisition of sole control of Distribuidora de Televisión Digital, S.A. (“DTS”), the National Markets and Competition Authority (“CNMC”) cleared the deal subject to commitments . (...)

The German Competition Authority clears a merger on the market of online real estate portals (Immonet / Immowelt)
German Competition Authority (Bonn)
Germany 237 articles 28453 visits
Clearance of Merger between Immonet and Immowelt* In the first phase of merger control the Bundeskartellamt has cleared plans by Axel Springer SE, Berlin to acquire sole control of Immowelt AG, Nuremberg and the launch of a joint venture between Immowelt AG and Immonet GmbH, Hamburg. The (...)

The UK Competition and Markets Authority provisionally clears a merger in the market of chilled savoury pastry (Pork Farms Caspian / Kerry Foods)
British Competition Authority - CMA (London)
United Kingdom 65 articles 8831 visits
CMA provisionally clears Pork Farms/Kerry Foods merger* The CMA has provisionally cleared the completed acquisition by Pork Farms Caspian of the chilled savoury pastry business of Kerry Foods. Pork Farms Group Limited, through the Pork Farms Caspian Limited subsidiary, and Kerry Foods (...)

The Swedish Competition Authority updates its merger control guidelines, providing practitioners with practical guidance on some of the particularities of its filing system
Vinge (Stockholm)
Sweden 10 articles 2099 visits
Swedish Competition Authority updates merger control guidelines* In April 2015 the Swedish Competition Authority (“SCA”) published its updated merger control guidelines (“Guidelines”), providing practitioners with practical guidance on some of the particularities of the Swedish filing system. The (...)

The Finnish Competition Authority clears a merger subject to remedies in the telephone and data communications services markets (Elisa Oyj / Anvia Oyj)
Finnish Competition and Consumer Authority (Helsinki)
Finland 35 articles 3169 visits
The Finnish Competition and Consumer Authority (FCCA) gives conditional acceptance of acquisition of Anvia by Elisa* The FCCA has today accepted conditionally the transaction whereby Elisa Oyj will gain control over Anvia Oyj. The conditions relate to broadband services on a landline network (...)

The German Competition Authority prohibits a merger in the food retail market (Kaiser’s Tengelmann / Edeka)
German Competition Authority (Bonn)
Germany 237 articles 28453 visits
Bundeskartellamt prohibits takeover of Kaiser’s Tengelmann by EDEKA* The Bundeskartellamt has prohibited the acquisition of around 450 Kaiser’s Tengelmann outlets by EDEKA. In the authority’s view the project would have considerably wors-ened competition conditions on a large number of highly (...)

State Aid

 The European Commission finds measures offering free services to SMEs not to constitute State aid because they could not be reasonably expected to affect cross-border trade (Wirtschaftsbüro Gaarden)
College of Europe (Bruges)
Belgium 172 articles 16236 visits
Germany Scores a Hat-trick of Non-Aid Measures!* At the end of April, the European Commission announced that seven measures were found not to constitute State aid because they could not be reasonably expected to affect cross-border trade. The finding of no affectation of trade is rare. That (...)

The European Commission finds a measure allowing a rental agreement to accommodate medical practitioners at a preferential rate not to constitute State aid for being to limited and lacking of affectation of interstate trade (Medical centre in Durmersheim)
College of Europe (Bruges)
Belgium 172 articles 16236 visits
Germany Scores a Hat-trick of Non-Aid Measures!* At the end of April, the European Commission announced that seven measures were found not to constitute State aid because they could not be reasonably expected to affect cross-border trade. The finding of no affectation of trade is rare. That (...)

The European Commission finds measures not to constitute State aid in the medical sector because, being of interest only for local patients, they did not effected trade between member States (Landgrafen - Klinik)
College of Europe (Bruges)
Belgium 172 articles 16236 visits
Germany Scores a Hat-trick of Non-Aid Measures!* At the end of April, the European Commission announced that seven measures were found not to constitute State aid because they could not be reasonably expected to affect cross-border trade. The finding of no affectation of trade is rare. That (...)

The European Commission finds a measure aimed at helping public hospitals not to constitute State aid because it did not affect the trade between member States (Hradec Králové Region)
College of Europe (Bruges)
Belgium 172 articles 16236 visits
SA.37432: Public hospitals in the Hradec Králové Region, Czech Republic* At the end of April, the European Commission announced that seven measures were found not to constitute State aid because they could not be reasonably expected to affect cross-border trade. The finding of no affectation of (...)

The European Commission finds a measure helping an outdoor training centre not to constitute State aid for lack of affectation of interstate trade, based on the local origin of users (Glenmore Lodge)
College of Europe (Bruges)
Belgium 172 articles 16236 visits
SA.37963: Glenmore Lodge, UK* At the end of April, the European Commission announced that seven measures were found not to constitute State aid because they could not be reasonably expected to affect cross-border trade. The finding of no affectation of trade is rare. That seven measures were (...)

The European Commission finds a measure not to constitute State aid because the services provided occurs at a local level and is thus unlikely to attract customers from other member States to any meaningful degree (Community Amateur Sports Clubs)
College of Europe (Bruges)
Belgium 172 articles 16236 visits
SA.38208: Member-owned golf clubs, UK* At the end of April, the European Commission announced that seven measures were found not to constitute State aid because they could not be reasonably expected to affect cross-border trade. The finding of no affectation of trade is rare. That seven (...)

Procedures

 The US Supreme Court holds that the Natural Gas Act did not “field” preempt state law antitrust claims for price fixing (Oneok / Learjet)
Wolters Kluwer (Riverwoods)
United States 74 articles 28882 visits
Divided Supreme Court Allows State Law Antitrust Claims to Proceed Against Pipelines, Rejects Field Preemption Argument* In a decision that’s received relatively little attention, a divided U.S. Supreme Court earlier this week held that the Natural Gas Act (NGA) did not “field” preempt state law (...)

The US Supreme Court holds that the Natural gas Act does not preempt State law antitrust claims (Oneok / Learjet)
Orrick, Herrington & Sutcliffe (San Francisco)
United States 21 articles 2908 visits
SCOTUS Holds Natural Gas Act Does Not Preempt State Law Antitrust Claims* In Oneok, Inc. v. Learjet, Inc., Case No. 13-271 (Apr. 21, 2015), the U.S. Supreme Court held that the Natural Gas Act did not preempt retail customers’ state law antitrust claims against interstate gas pipeline operators (...)

The UK Supreme Court decides on the recovery of penalties from directors and employees, setting the scene for a fresh challenge to the Safeway Stores decision (Jetivia / Bilta)
Blackstone Chambers (London)
United Kingdom 21 articles 2756 visits
Recovering penalties from directors and employees: Safeway revisited* Can a company which has been fined for anticompetitive conduct seek to recover the fine from the directors and employees responsible by suing them for damages? The question is moot in light of last week’s Supreme Court (...)

The Dutch Competition Authority sets priorities in relation to vertical restraints
Simmons & Simmons (Brussels)
Belgium 16 articles 4392 visits
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Simmons & Simmons (Brussels)
Belgium 8 articles 911 visits
An ACM policy paper provides insight into its strategy and enforcement priorities with regard to vertical agreements between suppliers and buyers. In brief The Dutch Authority for Consumers and Markets (ACM) has published a policy paper setting out its view on vertical agreements. When (...)

The Czech Supreme Administrative Court clarifies rules for determining limitation period for imposition of fines for continuous offences (Price Plans)
Skils (Prague)
Czech Republic 29 articles 22257 visits
On 15 April 2015, the Supreme Administrative court cancelled the previous judgment of the Regional Court in Brno which rejected claim against penalty imposed upon O2 Czech Republic (or rather its predecessor) for an abuse of dominant position. Both judgments relate to a case with long history (...)

The French Competition Authority updates its leniency program
Siemens (New York)
United States 21 articles 5280 visits
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Patterson Belknap Webb & Tyler (New York)
United States 1 article 127 visits
The French Competition Authority Updates its Leniency Program* Last month, the French Competition Authority (“the Authority”) updated the “Procedural Notice” for its leniency program. (Click here for the 2015 version of the Notice in French and here for the 2009 version of the Notice in English.) (...)

The European Court of Human Rights rules that dawn raids carried out at the premises of two companies by the French Department for Competition, Consumer Protection and Fraud violates both the rights of defense and the right to privacy (Vinci / GTM)
Jones Day (Brussels)
Belgium 12 articles 23369 visits
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Jones Day (Brussels)
Belgium 13 articles 3808 visits
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Jones Day (Paris)
France 21 articles 16796 visits
The European Court of Human Rights (ECtHR) recently ruled that dawn raids carried out at the premises of two French construction companies by the DGCCRF (French Department for Competition, Consumer Protection and Fraud) violated both the rights of defense and the right to privacy, due to (...)

The European Court of Human Rights rules that French dawn raids breached fundamental rights (Vinci / GTM)
JPTT & Partners (Paris)
France 173 articles 355728 visits
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White & Case (Brussels)
Belgium 11 articles 7245 visits
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White & Case (Brussels)
Belgium 35 articles 17796 visits
The European Court of Human Rights (the “ECtHR”) has ruled in the Vinci case that the circumstances surrounding the electronic removal of documents and computer files during a dawn raid violated two companies’ privacy rights enshrined in the European Convention on Human Rights (“ECHR”) . The case (...)

Regulatory

 The Mexican Competition Authority issues an opinion concerning the transport regulation in the State of Tlaxcala
Mexican Competition Authority (Mexico City)
Mexico 21 articles 1541 visits
COFECE recommends that the State of Tlaxcala review its transportation regulation* The Federal Economic Competition Commission (COFECE) issued an ex-officio opinion for the Tlaxcala State Government and its local Congress to review the State’s Communications and Transport Law (CTL), its (...)

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