April 2016

General antitrust

 The French Competition Authority issues an unfavorable opinion concerning draft orders for online sales of medicinal products
Autorité de la concurrence (Paris)
France 747 contributions 409160 visites
The Autorité de la concurrence issues an unfavourable opinion to the government.* The envisaged "good practice" create a discriminatory system in comparison with the conditions required for over-the-counter sales, removing all interest in the sale medicinal products on the Internet, both for (...)

The Supreme Court of Austria holds that the calculation of programme fees to be recovered in case of a public broadcaster exceeding its public mandate is governed solely by a national law
University of Vienna
Austria 16 contributions 989 visits
Background & Facts of the case As Austria’s national public service broadcaster, ORF finances its public interest activity via a “programme fee” that (in principle) every owner of TV and/or radio equipment in Austria is legally obliged to pay. ORF’s activities are based on a special law (...)

Anticompetitive practices

 The Brussels Court of Appeal dismisses a claim by a horse competition authority claiming that exclusivity clauses are legitimate on the basis that they protect the animals and riders (International Equestrian Authority)
Latham & Watkins (Paris)
France 20 contributions 51993 visits
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Clifford Chance (Paris)
France 62 contributions 52970 visits
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Willkie Farr & Gallagher (Paris)
France 15 contributions 24847 visits
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Belgian Competition Authority vs. International Equestrian Authority: second round* On April 28, 2016, the Brussels Court of Appeal dismissed the appeal by the Fédération Equestre Internationale (“FEI”) of an injunction issued by the Belgian Competition Authority (the “BCA”) that suspended (...)

The EFTA Surveillance Authority invites comments on commitments offered by Norwegian undertakings to address the authority’s competition concerns on the Sandefjord-Strömstad ferry route (Color Line / Sandefjord Municipality)
European Commission - DG COMP (Brussels)
Belgique 714 contributions 220300 visites
EFTA Surveillance Authority invites comments on commitments offered on Sandefjord - Strömstad ferry route* Following the opening of antitrust proceedings by the EFTA Surveillance Authority in March 2015 against the ferry company Color Line AS and the Municipality of Sandefjord in Norway, the (...)

The Frankfurt Court of Appeal submits preliminary reference on how to treat bans on sales via third-party internet platforms in selective distribution systems (Coty Germany)
Heinz & Zagrosek (Köln)
Germany 23 contributions 13185 visits
Ban on sales via third-party internet platforms in Germany and Pierre Fabre – recent referral to the Court of Justice* The question of how to treat bans on sales via third-party internet platforms in selective distribution systems and the impact of the Court of Justice’s Pierre Fabre ruling (...)

The EU Commission invites interested third parties to comment on the commitments proposed in the ongoing pay-TV investigation (Paramount Pictures)
European Commission - DG COMP (Brussels)
Belgium 1362 contributions 2929776 visits
Antitrust: Commission seeks feedback on commitments offered by Paramount Pictures in pay-TV investigation* The European Commission is inviting comments from interested parties on commitments offered by Paramount Pictures to address competition concerns relating to contractual clauses (...)

The Australian Competition Authority concludes inquiry into gas industry and issues recommendations for the national gas markets, including new test for market power
Herbert Smith Freehills (Melbourne)
Australia 1 contribution 54 visits
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Herbert Smith Freehills (Melbourne)
Australia 1 contribution 54 visits
Gas producers and pipeline operators have had to operate in an industry undergoing substantial change in recent years. In relation to gas transportation, the Australian Competition and Consumer Commission (ACCC) found that most transportation pipeline operators have responded in a dynamic way (...)

The Australian Competition Authority concludes inquiry into gas industry and recommends increasing sources of supply and improving transparency
Jones Day (Melbourne)
Australia 10 contributions 1401 visits
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Herbert Smith Freehills (Sydney)
Australia 2 contributions 143 visits
The Australian Competition and Consumer Comission (ACCC) found that the future east coast gas supply outlook was uncertain and made a number of recommendations to facilitate new gas supply (such as no blanket moratoria) and improve transparency in relation to reserves, resources and pricing (...)

The Polish Supreme Court rules that moving a file to the “trash” folder during a control violates the obligation to cooperate (Inco-Veritas)
Polish Academy of Sciences (Warsaw)
Poland 7 contributions 2615 visits
In its decision of 28 November 2011, the President of the Office of Competition and Consumer Protection (hereinafter the “Polish Competition Authority”) imposed a fine on Inco-Veritas S.A. in the amount of PLN 2,047,475.10 (equivalent of EUR 517,000) for the lack of cooperation during a (...)

The ECJ Advocate General Nils Wahl suggests that the EU Court of Justice prevent retailers from selling tobacco products below the prices indicated on the tax stamps (Colruyt)
Tsvetkova Bebov Komarevski (Sofia)
10 contributions 4131 visites
Does the restriction upon the retail sale of tobacco products below the minimum prices set by manufacturers or importers on the tax stamp breach competition law?* On 21 April 2016, the Advocate General Nils Wahl issued his Opinion in Case C-221/15 – a proceeding initiated by a request for (...)

The Italian Court of Milan rejects a claimants suit to declare the invalidity of a loan agreement which is part of the EURIBOR rate cartel for insufficient evidence (Alpina Società Immobiliare / Arno / Enrico Belloti / Banco di Brescia / Banca Popolare)
Intesa Sanpaolo (Milan)
Italy 15 contributions 23140 visits
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Intesa Sanpaolo (Milan)
Italy 11 contributions 6265 visits
Brief summary of facts Arno SRL had entered, with BPCI, into a loan agreement with an interest rate anchored to the EURIBOR rate, and Alpina and Enrico Belloti had given a guarantee. The loan had subsequently been sold to BBSP. Following the assessment of the EURIBOR Cartel made by the (...)

The German Competition Authority opens an administrative proceeding to examine dairies’ conditions of supply
German Competition Authority (Bonn)
Allemagne 457 contributions 116556 visites
Bundeskartellamt examines dairies’ conditions of supply* The Bundeskartellamt has initiated an administrative proceeding to examine the conditions which the dairies have set farmers for the supply of raw milk. In a test case it will examine first of all the conditions of supply set by the (...)

The Italian Competition Authority fines undertakings for an anticompetitive agreement concerning the assignment of broadcasting rights to Italian football league matches (Vendita diritti televisivi Serie A 2015-2018)
Max Planck Institute for Innovation and Competition (Munich)
Italy 11 contributions 4574 visits
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BonelliErede (Rome)
Italie 41 contributions 54288 visites
In its decision of 19 April 2016, the Italian Competition Authority (“ICA”) imposed fines totalling EUR 66 million on Sky and Mediaset, the main television operators in the pay-tv market, and on the Italian Football League (“Lega Calcio”) and its advisor Infront, for breach of Article 101 of (...)

The Indian Competition Appellate Tribunal sends a case back to the Competition Authority due to failure to give defendants notice for appeal before imposing fines and violating the principle of natural justice (Jet Airways / InterGlobe Aviation / Spice Jet)
Vaish Associates Advocates (New Delhi)
Inde 263 contributions 43042 visites
COMPAT sets-aside penalty imposed on domestic airlines and remands the matter back to the CCI* COMPAT by its order dated April 18, 2016 set-aside the penalty imposed on three domestic airlines by the CCI for alleged cartelization and remanded the matter back to the CCI for passing (...)

The Indian Competition Appellate Tribunal annuls a fine for alleged collusion by a professional transport association due to lack of evidence by the Competition Authority (Indian Foundation of Transport Research & Training / All India Motor Transport Congress)
Vaish Associates Advocates (New Delhi)
Inde 263 contributions 43042 visites
COMPAT sets-aside penalty imposed on All India Motor Transport Congress (AIMTC) for alleged increases of transport rates in collusion* COMPAT by its order dated April 18, 2016 has set-aside the order of CCI where AIMTC was penalized for allegedly exhorting truck transporters for increasing (...)

The Dutch Competition Authority fines manufacturers of prefabricated concrete garages for cartel (Rekers)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 212 contributions 36664 visits
ACM fines cartel of manufacturers of concrete garages* The Netherlands Authority for Consumers and Markets (ACM) has imposed a fine on a cartel of manufacturers of prefabricated concrete garages. The two largest manufacturers of such garages, Rekers Betonwerk and Juwel Betonbauteile, had (...)

The Hellenic Competition Authority accepts commitments proposed by steel producers regarding the exchange of information in the context of their trade association (Sidenor)
Hellenic Competition Commission (Athens)
Greece 132 contributions 18392 visits
The HCC accepts commitments by steel producers regarding the exchange of information in the context of their trade association, while further rejecting complaints about other alleged infringements in the markets for the production, distribution and accreditation of steel products* The HCC (...)

The Swedish Competition Authority closes investigation into the online platform market for food delivery after the dominant firm voluntarily modifies its contractual terms (OnlinePizza)
European Commission - DG COMP (Brussels)
Belgique 714 contributions 220300 visites
The Swedish Competition Authority closes investigation into the Online platform market for food delivery after OnlinePizza voluntary changed its contractual terms* OnlinePizza Norden AB (OnlinePizza) is the leading online platform for food delivery in Sweden with about 1,200 affiliated (...)

The Paris Court of Appeal reduces fines of three wallpaper manufacturers for their involvement in a price-fixing cartel (Graham)
Van Bael & Bellis (Brussels)
Belgium 389 contributions 94979 visits
On 14 April 2016, the French Court of Appeal reduced the fines imposed on three wallpaper manufacturers for their involvement in a price-fixing cartel in the wallpaper sector between May 2006 and September 2010. In a decision of December 2014, the French Competition Authority (“FCA”) found (...)

The Chinese NDRC in Shaanxi fines a motor vehicle inspection industry association for price fixing (Xi’an / Shangluo / Yangling)
University of Melbourne
Australia 103 contributions 29767 visits
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China Competition Bulletin (Beijing)
China 101 contributions 26717 visits
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Hogan Lovells (Beijing)
Chine 81 contributions 20954 visites
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The Shaanxi Price Bureau fined the Shaanxi Motor Vehicle Inspection Industry Association and 31 motor vehicle inspection businesses in Xi’an, Shangluo, and Yangling for price fixing. Motor vehicle inspection fees were originally government guided in Shaanxi, and they became liberalised on 15 (...)

The Chinese NDRC in Shanghai fines a tire manufacturer for resale price maintenance (Hanook Tire)
University of Melbourne
Australia 103 contributions 29767 visits
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China Competition Bulletin (Beijing)
China 101 contributions 26717 visits
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Hogan Lovells (Beijing)
Chine 81 contributions 20954 visites
…
On 13 April 2016, the NDRC reported that the Shanghai Price Bureau recently fined Hanook Tire for engaging in RPM. From 2012 to 2013, Hanook signed agreements with its distributors in Shanghai relating to the sale of truck and bus tires and passenger car tires. Those agreements contained (...)

The Indian Competition Appellate Tribunal annuls a bid-rigging fine for multi-product companies who are fined only on their case product turnover and identical prices are not prima facie illegal (DG S&D / A. R. Polymers)
Vaish Associates Advocates (New Delhi)
Inde 263 contributions 43042 visites
Competition Appellate Tribunal (COMPAT) sets-aside penalty imposed on Jungle Boot suppliers for alleged bid rigging* COMPAT by its order dated April 12, 2016 has set-aside the penalty imposed on suppliers of Polyester Blended Duck Ankle Boot Rubber Sole/ Appellants (Jungle Boots) against (...)

The Danish Competition Appeals Tribunal confirms a cartel decision concerning a consortia agreement between two road-contractors (LKF / Eurostar)
Danish Competition and Consumer Authority (Copenhagen)
Danemark 133 contributions 36329 visites
The Danish Competition Appeals Tribunal confirms that consortia agreement between two road-contractors was illegal* On 11 April 2016, the Danish Competition Appeals Tribunal upheld a decision by the Danish Competition Council (DCC) of 24 June 2015. The DCC had found that LKF Vejmarkering A/S (...)

The Hungarian Competition Authority initiates proceedings for a suspected cartel during a procurement procedure of health equipment aimed at saving energy (Siemens Healthcare)
Hungarian Competition Authority (Budapest)
Hungary 95 contributions 19796 visits
The GVH has initiated a proceeding for a suspected cartel* On 11 April 2016 the Hungarian Competition Authority (Gazdasági Versenyhivatal – GVH) initiated a competition supervision proceeding against several undertakings (Siemens Healthcare Kft., GE Hungary Ipari és Kereskedelmi Kft., (...)

The German Higher Regional Court of Celle court finds that a minimum resale price campaign does not result in an appreciable restriction of competition given the campaign’s limited timeframe and scope (Almased Wellness)
Deutsche Bahn (Frankfurt)
6 contributions 1915 visits
In its judgement of 7 April 2016, the Celle Higher Regional Court (“the Court”) found that resale price maintenance (“RPM”) does not per se result in an appreciable restriction of competition. The Court held that the setting of a minimum resale price in the framework of a promotion offered to (...)

The German Higher Regional Court of Celle finds that limited resale price maintenance does not amount to an appreciable restriction of competition (A-Vitalkost)
Van Bael & Bellis (Brussels)
Belgium 174 contributions 58429 visits
On 7 April 2016, the Higher Regional Court of Celle held that resale price maintenance in the framework of a promotion offered to pharmacies for the sale of a dietary product did not constitute an appreciable restriction of competition and therefore did not infringe competition law. In 2014, (...)

The Spanish Competition Authority fines the national radio broadcasting association for making collective recommendations to its members with anticompetitive effect (AERC)
European Commission - DG COMP (Brussels)
Belgique 714 contributions 220300 visites
The CNMC fines the Spanish Commercial Radio Broadcasting Association (Asociación Española de Radiodifusión Comercial, AERC) 190,000 euros* Madrid, 21 April 2016. - The CNMC has fined the Spanish Commercial Radio Broadcasting Association (Asociación Española de Radiodifusión Comercial: AERC) (...)

The EU Commission fines an undertaking in the market of canned mushrooms for its participation in a cartel (Riberebro)
European Commission - DG COMP (Brussels)
Belgium 1362 contributions 2929776 visits
Antitrust: Commission fines Riberebro €5.2 million for participation in canned mushrooms cartel* The European Commission has found that Spanish canned and fresh vegetable company Riberebro participated in a cartel to coordinate prices and allocate customers of canned mushrooms in Europe for (...)

The European University Institute issues a comparative study on the calculation of interest on antitrust damages
CDC Cartel Damage Claims (Brussels)
Belgium 16 contributions 17432 visits
1. Introduction The fact that antitrust infringements, in particular hard-core cartels, cause significant harm is widely acknowledged. The Court of Justice of the European Union (CJ) confirmed the horizontal direct effect of EU antitrust provisions in damages actions before national courts (...)

The Hungarian Competition Authority accepts commitments offered by the three largest Hungarian beer companies due to a finding of anticompetitive infringements from exclusive contracts (Heineken / Dreher / Borsodi)
Hungarian Competition Authority (Budapest)
Hungary 95 contributions 19796 visits
The GVH intervened in the structure of the Hungarian beer market* The Hungarian Competition Authority (Gazdasági Versenyhivatal – GVH) accepted the commitments offered by Heineken Hungária Sörgyárak Zrt. (Heineken), Dreher Sörgyárak Zrt. (Dreher) and Borsodi Sörgyár Kft. (Borsodi), as a (...)

Unilateral Practices

 The Indian Competition Appellate Tribunal upholds the Competition Authority’s dismissal of abuse of dominance allegations against an airline company (Air India / InterGlobe Aviation)
Vaish Associates Advocates (New Delhi)
Inde 263 contributions 43042 visites
COMPAT rules that IndiGo’s predatory recruitment of Air India’s trained pilots is not a competition issue but an employment issue* COMPAT by its order dated April 29, 2016 has upheld the CCI order dated February 10, 2016 refusing to intervene in the matter of predatory recruitment of Air (...)

The EU Commission invites interested third parties to comment on the commitments proposed in the credit default swaps case (ISDA / Markit)
European Commission - DG COMP (Brussels)
Belgium 1362 contributions 2929776 visits
Antitrust: Commission seeks feedback on commitments by ISDA and Markit on credit default swaps* The European Commission is inviting comments from interested parties on commitments offered separately by ISDA and by Markit to address competition concerns relating to the licensing of data and (...)

The Canadian Competition Tribunal upholds the Competition Authority’s finding that certain of practices of an association of real estate brokers are anticompetitive and amounts to an abuse of dominance (Toronto Real Estate Board)
Fasken Martineau DuMoulin (Toronto)
Canada 26 contributions 612 visits
On April 27, 2016, the Competition Tribunal (the “Tribunal”) ended the years-long dispute between the Competition Bureau (the “Bureau”) and the Toronto Real Estate Board (“TREB”) by ruling that certain of TREB’s practices are anticompetitive. TREB — an association of real estate brokers — (...)

The Moldovan Competition Authority prosecutes suppliers of pharmaceutical products for the failure to supply to the public health care institutions (Esculap)
University of Macau - Faculty of Law
Chine 284 contributions 226195 visites
On 21 April 2016 the Moldovan Competition Authority (CC) has issued an infringement decisions against six suppliers of various pharmaceutical products for their failure to deliver the agreed quantities of medicines to the public health care institutions. The fines imposed on the undertakings (...)

The Chinese SAIC reports on a case where local administrators fined a public undertaking for forcing several companies to purchase goods (Jinan Public Transportation / Yinchuan Public Transportation)
University of Melbourne
Australia 103 contributions 29767 visits
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China Competition Bulletin (Beijing)
China 101 contributions 26717 visits
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Hogan Lovells (Beijing)
Chine 81 contributions 20954 visites
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On 21 April 2016, the SAIC reported a case where the Shandong AIC and the Ningxia AIC fined local bus companies for breaching Article 6 of the AUCL, which provides that public enterprises and other state- sanctioned monopolies must not force others to purchase goods from designated parties and (...)

The EU Commission sends a statement of objections to a technology company suspected of imposing restrictions on device manufacturers and mobile network operators (Google Android)
European Commission - DG COMP (Brussels)
Belgium 1362 contributions 2929776 visits
Antitrust: Commission sends Statement of Objections to Google on Android operating system and applications* The European Commission has informed Google of its preliminary view that the company has, in breach of EU antitrust rules, abused its dominant position by imposing restrictions on (...)

The EU Commission sends a statement of objections to a technology company suspected of imposing restrictions on device manufacturers and mobile network operators (Google Android)
Constantine Cannon (London)
États-Unis 12 contributions 5962 visites
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Phillips Auctioneers (London)
5 contributions 3178 visits
EU Commission Hits Google With Abuse Of Dominance Charges Over Android*Just as expected, following a one-year investigation and a number of information requests, the European Commission formally announced today that it is accusing Google’s parent company, Alphabet, of abusing its dominant (...)

The EU Commission sends a statement of objections concerning the imposition of restrictions on smartphone manufacturers and mobile network operators (Google Android)
Van Bael & Bellis (Brussels)
Belgique 191 contributions 66945 visites
On 20 April 2016, the European Commission confirmed it issued a Statement of Objections (“SO”) to Google concerning the imposition of restrictions on Android device manufacturers and mobile network operators. The investigation was formally opened in April 2015. Google now has until July 2016 (...)

The Turkish Competition Authority takes legal action against an undertaking for abuse of dominance and restrictive agreements (Soda Sanayii)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turquie 173 contributions 83920 visites
Introduction On April 20 2016 the Turkish Competition Board published reasoned Decision 16-14/205-89, following its preliminary investigation into allegations that Soda Sanayii AŞ had violated: Article 6 of Law 4054 on the Protection of Competition by abusing its dominant position in the (...)

The Croatian Competition Authority adopts interim measures aiming at ending abusive behaviour implemented by an undertaking in the burial service market (Flora VTC)
Croatian Competition Agency (Zagreb)
Croatia 120 contributions 19939 visits
Proceeding and interim measure for undertaker Flora VTC* Within the proceeding against the undertaker Flora VTC from Virovitica the CCA will establish whether the undertaking in question has been engaged in abusive behaviour on the basis of the applicable Prices for Funeral Services in the (...)

The Lithuanian Competition Authority terminates the investigation of alleged abuse of dominance in the maritime industry (Vakarų Laivų Gamykla)
Max Planck Institute for Innovation and Competition (Munich)
Germany 19 contributions 4566 visits
On 19 April 2016 the Competition Council terminated the investigation against AB “Vakarų Laivų Gamykla“ (AB VLG) with regard to an alleged infringement of Article 102 TFEU and Article 7 of the Law on Competition of the Republic of Lithuania. During the investigation, which the Competition (...)

The Court of Milan rejects a hardware provider’s market abuse claim against a global IT corporation, but accepts a counterclaim that the hardware provider infringed intellectual property rights by continuing to present itself as the defendant’s business partner after the end of the partnership (Arslogica Sistemi / IBM Italia)
White & Case (Milan)
Italy 4 contributions 87 visits
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White & Case (Milan)
Italy 16 contributions 18876 visits
Brief summary of facts A hardware provider, Arslogica Sistemi, brought damages claims against its past business partner, IBM, with the allegation that the defendant was restricting the claimant’s opportunities to participate in bids. The defendant also requested damages for IP violations by (...)

The Paris Court of Appeal dismisses a predatory pricing claim against a postal services provider for lack of evidence (Imperial Pub / GPS / La Poste / Mediapost)
Herbert Smith Freehills (Paris)
France 63 contributions 13542 visites
Brief summary of facts Imperial Pub and GPS, active on the market for distribution of unsolicited advertising leaflets, claimed that Mediapost, which is also present on this market and a subsidiary of La Poste (French universal postal service provider), benefited from unfair advantages due (...)

The Indian Competition Appellate Tribunal upholds the Competition Authority’s dismissal of abuse of dominance allegations against an international airport due to lack of evidence (Airline Operators Committee / Delhi International Airport)
Vaish Associates Advocates (New Delhi)
Inde 263 contributions 43042 visites
COMPAT upholds CCI order dismissing abuse of dominance allegation against Delhi International Airport Limited (DIAL)* COMPAT by its order dated April 12, 2016 has upheld order of CCI which had dismissed allegations of abuse of dominance by DIAL in charging licence fee from airlines using the (...)

The German Competition Authority approves marketing model for the award of football championship rights from 2017/18 season onwards (DFL)
German Competition Authority (Bonn)
Allemagne 457 contributions 116556 visites
Bundeskartellamt approves marketing model for award of Bundesliga rights from 2017/18 football season onwards – DFL undertakes for first time to observe ’no single buyer’ rule* The German League Association and the German Football League (DFL) have submitted a commitment to the (...)

The EU Commission allows the early termination of commitments made by a railway power supplier, following the entry of new competitors to the market (Deutsche Bahn)
European Commission - DG COMP (Brussels)
Belgium 1362 contributions 2929776 visits
Antitrust: successful market opening allows early termination of commitments in Deutsche Bahn case* The European Commission has relieved Deutsche Bahn ahead of schedule from commitments made binding in December 2013, as several competitors have now entered the German railway traction current (...)

The EU Commission relieves an undertaking in the railway sector of its obligation to comply with a commitments decision, following market developments (Deutsche Bahn)
Van Bael & Bellis (Brussels)
Belgique 191 contributions 66945 visites
On 8 April 2016, the Commission announced that it had adopted a decision to relieve Deutsche Bahn of its obligation to comply with a commitments decision made binding on the company in December 2013. According to the Commission, the commitments decision had achieved its “main purpose”, which (...)

The Higher Regional Court of Düsseldorf rejects an appeal lodged by the German incumbent postal services operator, against a decision of the Federal Cartel Office in an abuse of dominance case (Deutsche Post)
Van Bael & Bellis (Brussels)
Belgique 191 contributions 66945 visites
In a recently published decision of 6 April 2016, the Higher Regional Court of Düsseldorf (“Court”) rejected an appeal lodged by Deutsche Post AG (“DPAG”), Germany’s incumbent postal services operator, against a decision of the German Federal Cartel Office (“FCO”). By decision of 2 July (...)

The Court of Milan rejects abuse of dominance claims while comparing the charges imposed by a major telecoms provider with the market charges (Eutelia / Vodafone Omnitel)
White & Case (Milan)
Italy 4 contributions 87 visits
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White & Case (Milan)
Italy 16 contributions 18876 visits
Brief summary of facts A company offering telecommunications services brought damages action against a major telecommunications provider on the allegation that the latter was charging the former excessively for the service provided, compared with the charges internal to the (...)

Mergers

 The EU Commission clears, subject to remedies, a merger between two container liner shippers (CMA CGM / NOL)
European Commission - DG COMP (Brussels)
Belgium 1362 contributions 2929776 visits
MERGERS: COMMISSION APPROVES CONTAINER LINER SHIPPING MERGER BETWEEN CMA CGM AND NOL, SUBJECT TO CONDITIONS* The European Commission has cleared under the EU Merger Regulation the proposed acquisition of Neptune Oriental Lines ("NOL") of Singapore by rival CMA CGM, a French shipping company (...)

The French Competition Authority clears a merger, subject to remedies, on the smoked trout market (Aqualande Group / Labeyrie)
Autorité de la concurrence (Paris)
France 747 contributions 409160 visites
The Autorité de la concurrence clears the acquisition of joint control of the Aqualande Group by Labeyrie together with the agricultural cooperative Les Aquaculteurs Landais, subject to commitments* On 21 January 2016, Labeyrie and Les Aquaculteurs Landais notified the Autorité de la (...)

The Turkish Competition Authority unconditionally clears the acquisition of a 5-star hotel chain (Marriott / Starwood)
Ankara Hacı Bayram Veli University
Turkey 31 contributions 12120 visits
This case note analyses the decision of the Turkish Competition Authority (TCA) in which it has unconditionally cleared in Phase I the acquisition of the sole control of Starwood by Marriott in the market for 4- and 5-star hotels. The Operation On March 1, 2016, the TCA received a (...)

The EU Commission clears the acquisition of two undertakings subject to commitment to license technology to any customer interested in FRAND conditions (Equens / Wordline)
Norton Rose Fulbright (Brussels)
Belgium 20 contributions 5679 visits
EU: MERGER CASE CLEARED FOLLOWING OFFER OF FRAND TECHNOLOGY LICENSE* On 20 April 2016, the European Commission (Commission) cleared, under its merger control rules, the acquisition of Equens and PaySquare by Worldline subject to, amongst others, a commitment to license technology to any (...)

The EU Commission conditionally approves a merger subject to divestment commitments and behavioral conditions in the payment services and terminals sector (Equens / Worldline)
Van Bael & Bellis (Brussels)
Belgique 227 contributions 72633 visites
On 20 April 2016, the European Commission (“Commission”) approved the acquisition by Worldline of Equens (and its subsidiary PaySquare) under the EU Merger Regulation, subject to divestment commitments and behavioural conditions. Worldline is the incumbent operator of payment services and (...)

The French Competition Authority fines a mobile phone company for non-compliance with some of its merger remedies (SFR / Numéricable)
Autorité de la concurrence (Paris)
France 747 contributions 409160 visites
Overseas Mobile Telephony* The Autorité de la concurrence fines Altice/Numericable group for non-compliance with some of the commitments linked to the divestiture of Outremer Telecom’s mobile telephony business made at the time of its acquisition of SFR. Having observed the non-compliance (...)

The Finnish Competition Authority clears a merger subject to remedies on the food retail market (Kesko Food / Suomen Lähikauppa)
Finnish Competition and Consumer Authority (Helsinki)
Finland 74 contributions 12544 visits
FCCA TO APPROVE A MERGER BETWEEN KESKO FOOD AND SUOMEN LÄHIKAUPPA, SUBJECT TO CONDITIONS* The Finnish Competition and Consumer Authority (FCCA) has approved Kesko Food Ltd’s acquisition of Suomen Lähikauppa Oy, subject to certain conditions. The conditions imposed by the FCCA are an (...)

The Hellenic Competition Authority clears a merger in the airport sector (Fraport)
Kyriakides Georgopoulos (Athens)
Greece 62 contributions 2481 visits
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Zepos & Yannopoulos (Athens)
Greece 28 contributions 1001 visits
Acquisition of 14 regional airports by FRAPORT (HCC 626/2016) On April 7 2016, the HCC announced the clearance of the Concession Agreements entered into by the FRAPORT Consortium and the Hellenic Republic Asset Development Fund (HRADF) for the upgrade, maintenance, management, and operation (...)

The Lithuanian Competition Authority blocks a merger between two companies which manage the most popular classified ads websites for real estate and vehicles in Lithuania (Eesti Meedia AS / AllePAL OÜ) New
Cobalt Legal (Riga)
Latvia 24 contributions 35638 visits
Lithuania is one of the few EU countries whose merger control regime provides for ex-post merger review, in addition to the ex ante control when turnover thresholds are reached. The Competition Council may request undertakings to submit a notification even though the turnover thresholds are (...)

The Spanish Competition Authority approves the acquisition of a food delivery service company by a rival (Just Eat / Nevera Roja)
Spanish Competition Authority (CNMC) (Madrid)
Spain 143 contributions 31579 visits
Spain: CNMC approves Just Eat’s purchase of Nevera Roja* Internet-based home dining service Just Eat has received approval from Spanish competition regulator CNMC for its proposed purchase of local rival La Nevera Roja, part of Rocket Internet. As announced in February, the Just Eat Group (...)

The US DoJ files a complaint against an activist investor before the US District Court for the Northern District of California for violations of the Hart-Scott-Rodino Act (ValueAct)
Skadden, Arps, Slate, Meagher & Flom (New York)
États-Unis 18 contributions 9121 visites
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Skadden, Arps, Slate, Meagher & Flom (New York)
États-Unis 22 contributions 10395 visites
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Skadden, Arps, Slate, Meagher & Flom (New York)
United States 21 contributions 8660 visits
On April 4, 2016, the U.S. Department of Justice, Antitrust Division (DOJ) led
 a complaint against activist investor ValueAct Capital in California federal court, requesting a $19 million fine for violations of the Hart-Scott-Rodino (HSR) Act’s notifcation provisions . The DOJ’s complaint (...)

The Dutch Competition Authority clears a merger between two rivals in the pharmaceutical sector (DA group / Holland Pharma)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 212 contributions 36664 visits
ACM CLEARS ACQUISITION OF DA GROUP BY RIVAL HOLLAND PHARMA* The Netherlands Authority for Consumers and Markets (ACM) has cleared the acquisition of the DA group by Holland Pharma Exploitatie B.V. Both Holland Pharma and DA are wholesale companies that trade in drugstore items. In addition, (...)

State Aid

 The EU General Court confirms that State aid is an objective concept, and that in assessing aid measures the Commission is not bound by tax exemptions authorised by the Council (Ireland / Commission)
Maastricht University (Maastricht)
Belgium 357 contributions 66800 visits
Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

Procedures

 The UK Patents Court declines an application to transfer a dispute on FRAND to the Competition Appeals Tribunal (Unwired Planet / Huawei / Samsung)
Hogan Lovells (London)
United Kingdom 1 contribution 241 visits
UK Patents Court refuses to transfer Unwired Planet competition claims to CAT*Background and status of proceedingsIn summary, Unwired Planet is asserting a number of patents against Huawei and Samsung, both of whom sell mobile devices and infrastructure equipment. The litigation has been (...)

The South African Minister of Economic Development announces the entry into force of new amendments to the Competition Act introducing criminal liability for cartel conduct
Norton Rose Fulbright (Johannesburg)
South Africa 1 contribution 248 visits
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Norton Rose Fulbright (Johannesburg)
South Africa 1 contribution 248 visits
For the first time in South Africa, directors and managers will face jail time for participation in a cartel. Minister Patel announced yesterday that the amendments to the Competition Act which introduce criminal liability for cartel conduct will come into effect from 1 May 2016. The (...)

The Beijing High People’s Court releases guidelines on Internet-related intellectual property rights trials
University of Melbourne
Australia 103 contributions 29767 visits
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China Competition Bulletin (Beijing)
China 101 contributions 26717 visits
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Hogan Lovells (Beijing)
Chine 81 contributions 20954 visites
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On 13 April 2016, the Beijing High People’s Court released the Guideline on the Trial of Internet-Related Intellectual Property Right Cases. The guideline contains 42 provisions, covering copyright, trademark, and unfair competition issues. Specifically, there are two competition-related (...)

The Regional Court of Potsdam rules on the validity of standard term stipulating fixed percentage of cartel damages (Public local transport)
Court of First Instance of Namur (Namur)
Belgique 224 contributions 47475 visites
In a judgment of 13 April 2016, the Regional Court Potsdam (the “Court”) ruled on the validity of a standard term in a procurement contract stipulating a fix percentage (15%) of damages in case of future follow-on action in relation to a competition law infringement. The claimant, a public (...)

The Chinese NDRC releases the anti-monopoly guideline for the automotive industry for public consultation
University of Melbourne
Australia 103 contributions 29767 visits
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China Competition Bulletin (Beijing)
China 101 contributions 26717 visits
,
Hogan Lovells (Beijing)
Chine 81 contributions 20954 visites
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The NDRC released the Anti-Monopoly Guideline for the Automotive Industry (Consultation Draft) for public consultation on 23 March 2016. The consultation period ran from 23 March to 12 April 2016. The draft guideline covers market definition, monopoly agreements, abuse of dominance, and (...)

The Irish High Court finds that the Competition Authority has exceeded its dawn raid powers in seizing digital material in bulk (CRH)
McCann FitzGerald (Dublin)
Ireland 2 contributions 388 visits
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McCann FitzGerald (Brussels)
Belgium 3 contributions 607 visits
Introduction In CRH plc v The Competition and Consumer Protection Commission the Irish High Court found that the Irish Competition and Consumer Protection Commission (“CCPC”) had exceeded its dawn raid powers in seizing digital material in bulk. The High Court granted orders preventing the (...)

Regulatory

 The US President publishes an executive order to further promote competitive conditions and root out antitrust abuses in industries across the American economy
Baker Botts (Washington)
United States 13 contributions 10218 visits
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Clifford Chance (Washington)
United States 11 contributions 2642 visits
Last week, President Obama issued an Executive Order ostensibly designed to further promote competitive conditions and root out antitrust abuses in industries across the American economy, including the healthcare, energy, and broadband industries which were specifically identified in the (...)

The Latvian Competition Authority identifies, in the context of a sector inquiry, gaps of regulation and governance that distort competition into the market of medical services
Latvian Competition Council (Riga)
Latvia 124 contributions 24547 visits
The CC spots Unseized Opportunities to Reduce Prices of Medical Services* In the context of a sector inquiry into the market of medical services, the Competition Council (CC) of Latvia identified gaps of sector regulation and governance that distort competition and hinder price reduction and (...)