April 2018

Anticompetitive practices

 The German Competition Authority refers a cartel case against metal packaging manufacturers to the EU Commission
German Competition Authority (Bonn)
Germany 248 contributions 34572 visits
Cartel proceeding against metal packaging manufacturers: Bundeskartellamt refers case to the European Commission* As part of the cooperation within the network of European Competition Authorities (ECN), the Bundeskartellamt has referred its ongoing cartel proceeding concerning metal packaging (...)

The Indian Competition Authority grants penalty reductions to all 3 members of a cartel in zinc-carbon dry batteries due to the members’ leniency applications, including a historic 100% penalty reduction to the first priority leniency applicant (Panasonic / Eveready / Nippo)
Vaish Associates, Advocates (New Delhi)
India 235 contributions 14636 visits
Competition Commission of India (“CCI”) grants first-ever 100 percent reduction in penalty* The CCI by its order dated April 19, 2018, has awarded a 100 (One Hundred) per cent reduction in penalty to the leniency applicant, Panasonic Energy India Co. Ltd (‘Panasonic’) in a case involving (...)

The Indian Competition Authority fines battery manufacturers’ cartel after a 6-year investigation including 2 leniency applications (Eveready Industries India / Indo National / Panasonic Energy India / Association of Indian Dry Cell Manufacturer)
Vaish Associates, Advocates (New Delhi)
India 235 contributions 14636 visits
CCI Penalizes Batter Manufacturers’ Admitted Cartel - Decised Its Second Leniency Case* Competition Commission of India (CCI) by an order dated 19 April 2018, in its second decision on a leniency application, has awarded a 100 (One Hundred) per cent reduction in penalty to the leniency (...)

The Turkish Competition Authority concludes that a price comparison system for advertisers does not violate competition law (Yurddaş)
ACTECON (Istanbul)
Turkey 8 contributions 3614 visits
Introduction The Turkish Competition Authority (“TCA”) has concluded its investigation against Diye Danışmanlık Eğitim ve Medya Hizmetleri Tic A.Ş.’s (“yurddaş + partners”) Media Barometer services. It is decided that Media Barometer, which is a media performance measurement service that includes a price (...)

The Latvian Competition Authority warns five security companies for alleged prohibited agreements in public procurements
Konkurences padome (Riga)
Latvia 76 contributions 8334 visits
The CC warns the security sector about the high bid-rigging risk* In this year, the Competition Council of Latvia (the CC) has warned five security companies for alleged prohibited agreements in public procurements. To reduce bid-rigging risk in the future, the CC in cooperation with the (...)

The Danish Competition Appeal Tribunal confirms the sanction imposed for cartel on the camping card market (Campingrådet)
Danish Competition and Consumer Authority (Copenhagen)
Denmark 73 contributions 9363 visits
Horizontal agreements in the framework of Campingraadet* The Danish Competition Appeal Tribunal has upheld the findings of the Danish Competition Council that the horizontal agreements described below, and entered into in the framework of the Danish umbrella organization “Campingrådet”, had as (...)

The Czech Constitutional Court clarifies rules for challenging dawn raids (Eurovia)
Skils (Prague)
République tchèque 30 contributions 22626 visites
On 15 May 2018, the Constitutional Court (CC) declared that the Supreme Administrative Court (SAC) by its judgment of 21 November 2017 (Ref.No. 7 As 155/2015) violated Eurovia CS’s constitutional rights on protection of privacy and on fair trial and annulled that SAC’s judgment. The matter (...)

The EU Commission carries out unannounced inspections concerning distribution of sports media rights and other related rights
DG COMP (Brussels)
Belgium 387 contributions 918512 visits
Antitrust: Commission confirms unannounced inspections concerning distribution of sports media rights and other related rights* The European Commission can confirm that on 10 April 2018 its officials carried out unannounced inspections in several Member States at the premises of companies (...)

The UK Competition and Markets Authority disqualifies two company directors for their roles in price fixing cartel (Abbott / Frost)
Gowling WLG (London)
Royaume-Uni 2 contributions 2825 visites
The UK Competition and Markets Authority (the ’CMA’) has secured the disqualification of two directors following an investigation into a cartel agreement by six estate agencies in the Burnham-on-Sea area to fix the minimum level of commission fees for the provision of traditional residential (...)

The EU Court of Justice finds that Member States are not required to extend a prohibition on extraditing their own nationals to citizens of other Member States involved in global cartels (Romano Pisciotti)
McDermott Will & Emery (Brussels)
Belgium 30 contributions 1209 visits
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McDermott Will & Emery (Paris)
France 53 contributions 21232 visits
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McDermott Will & Emery (Brussels)
Belgium 30 contributions 1209 visits
In its judgment of 10 April 2018, the CJEU decided that Germany did not infringe EU law by extraditing an Italian national to the United States. An EU Member State is not required to extend a prohibition on the extradition of its own nationals to all EU citizens, but before proceeding to (...)

The French Competition Authority carries out unannounced inspections in the road freight transport sector
French Competition Authority (Paris)
France 451 contributions 103683 visits
The General Rapporteur of the Autorité de la concurrence indicates that unannounced inspections have been carried out in the road freight transport sector* Following authorization from the liberty and custody judge, the Investigation Services of the Autorité de la concurrence have raided (...)

The Turkish Competition Board publishes its reasoned decision regarding anticompetitive practices in the Pharmacies sector and provides explanations on the calculation of the fine after its first decision was annulled on appeal (Turkish Pharmacists Association)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 36 contributions 12731 visits
A. Introduction The Competition Board (“Board”) has recently published its reasoned decision in its reassessment of the Turkish Pharmacists Association (Türk Eczacıları Birliği) (“TPA”) case, following the annulment decision rendered by the 13th Chamber of the High State Court (“High State Court”). (...)

Unilateral Practices

 The U.S. District Court of Rhode Island finds that a dominant health insurer’s refusal to negotiate in good faith with a healthcare provider in an attempt to block its market entry can be contrary to the Sherman Act (Steward Health Care System / Blue Cross)
Polsinelli (Washington)
1 contribution 15 visits
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Polsinelli (Washington)
1 contribution 15 visits
On April 23, a federal court in Rhode Island fired a warning shot over the bow of dominant health insurers across the country, holding that a refusal to negotiate in good faith with a healthcare provider that focuses population health management in an attempt to block its entry could violate (...)

The EU Court of Justice rules on requirements to establish price discrimination by a dominant undertaking (MEO – Serviços de Comunicações e Multimédia)
Van Bael & Bellis (Brussels)
Belgium 337 contributions 50086 visits
On 19 April 2018, the Court of Justice of the European Union (the “ECJ”) delivered a judgment holding that investigations of price discrimination under EU competition law should involve an examination of all the relevant circumstances of the case in order to assess whether there is a “competitive (...)

The EU Court of Justice clarifies how to assess whether a practice of differential pricing by a dominant undertaking is capable of distorting competition on a downstream market (MEO - Serviços de Comunicações e Multimédia)
Arendt & Medernach (Luxembourg)
Luxembourg 39 contributions 95555 visits
Facts This preliminary ruling arose following a complaint lodged with the Portuguese Competition Authority by Serviços de Comunicações e Multimédia SA (“MEO”) alleging that GDA, a non-profit-making collecting cooperative which manages the rights of artists and performers, had abused its dominant (...)

The EU Court of Justice provides new guidance on price discrimination by dominant market players (MEO / Autoridade da Concorrencia)
Jones Day (Brussels)
Belgique 13 contributions 4164 visites
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Jones Day (Amsterdam)
Netherlands 7 contributions 2520 visits
In April 2018, the CJEU provided guidance in assessing the validity of discriminatory pricing practices under EU rules governing dominant market players, in a preliminary ruling in case C-525/16 MEO v. Autoridade da Concorrencia. The central issue—price discrimination—is notoriously contentious (...)

The EU Court of Justice clarifies the concept of a "competitive disadvantage" arising from discriminatory pricing by a dominant undertaking on a downstream market (MEO - Serviços de Communicações e multimedia)
McDermott Will & Emery (Brussels)
Belgium 30 contributions 1209 visits
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McDermott Will & Emery (Paris)
France 53 contributions 21232 visits
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McDermott Will & Emery (Brussels)
Belgium 30 contributions 1209 visits
The CJEU held that a finding of a “competitive disadvantage” as the result of discriminatory pricing by a dominant undertaking on a downstream market does not require demonstration of an actual and quantifiable deterioration of a customer’s competitive situation on that market. This notion (...)

The Belgian Competition Authority fines equestrian competition organizers for lack of implementation of provisional measures (Fédération Equestre Internationale / GCT / GCL)
Belgian Competition Authority (Brussels)
Belgium 46 contributions 7160 visits
The Competition College of the BCA imposed penalty payments on the FEI, the SPRL Global Champions League and the SPRL Tops Trading Belgium* The Competition College of the BCA has imposed on 13 April 2018 penalty payments on the Fédération Equestre Internationale, the SPRL Global Champions League (...)

The President of the Brussels Commercial Court rules that a collecting society abuses its dominant position through its pricing practice (SABAM)
Simmons & Simmons (Brussels)
Belgium 20 contributions 5853 visits
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Simmons & Simmons (Brussels)
Belgium 4 contributions 673 visits
Since 2017 , SABAM increased its tariffs for concerts and music festivals to 17% for average-sized festivals and 37% for large festivals, with the pricing for small festivals remaining the same. As a result, several festivals and the federation of Flemish music festivals sued SABAM. The (...)

The Spanish Supreme Court orders restarting the investigation of a complaint for abuse of dominant position (Oracle)
Callol, Coca & Asociados (Madrid)
Spain 35 contributions 28093 visits
On 26 February 2013, Hewlett Packard and Hewlett Packard Española, S.L. (jointly, HP) filed a complaint against Oracle Corporation and Oracle Ibérica, S.R.L. (jointly, Oracle) before the NMCC denouncing restrictive practices of competition in the field of relational database management systems, (...)

Mergers

 The EU Commission clears a merger subject to remedies in the steel wheels manufacturing market (Mefro Wheels / Accuride)
DG COMP (Brussels)
Belgium 387 contributions 918512 visits
Mergers: Commission approves acquisition of Mefro Wheels by Accuride, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the acquisition of steel wheels manufacturer Mefro Wheels by its competitor Accuride. The decision is conditional on the divestment (...)

The EU Commission clears a merger subject to remedies on the seeds, pesticides and digital agriculture market (Bayer’s Crop Science / BASF)
DG COMP (Brussels)
Belgium 387 contributions 918512 visits
Mergers: Commission clears acquisition of parts of Bayer’s Crop Science business by BASF, subject to conditions* The European Commission has conditionally approved under the EU Merger Regulation the acquisition of parts of Bayer’s Crop Science business by BASF. This transaction is related to the (...)

The US FTC conditionally clears a merger subject to divestitures in the pharmaceutical market (Amneal / Impax)
Weil, Gotshal & Manges (Washington)
États-Unis 2 contributions 286 visites
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Weil, Gotshal & Manges (Washington)
États-Unis 4 contributions 450 visites
FTC Applies its Merger Remedy Best Practices and Announces a New Divestiture Principle in Recent Pharmaceutical Enforcement Action* On April 27, 2018, the Federal Trade Commission (“FTC”) announced a proposed consent agreement with Amneal Pharmaceuticals LLC (“Amneal”) and Impax Laboratories, Inc. (...)

The EU Commission fines a multinational cable and telecommunications company for gun jumping (Alice / PT Portugal)
DG COMP (Brussels)
Belgium 387 contributions 918512 visits
Mergers: Commission fines Altice €125 million for breaching EU rules and controlling PT Portugal before obtaining merger approval* The European Commission has imposed a €124.5 million fine on Altice, the multinational cable and telecommunications company based in the Netherlands, for (...)

The EU Commission publishes its decision in a gun-jumping case (Alice / PT Portugal)
Simmons & Simmons (London)
Royaume-Uni 11 contributions 2549 visites
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Simmons & Simmons (London)
Royaume-Uni 6 contributions 2270 visites
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Simmons & Simmons (London)
Royaume-Uni 15 contributions 3250 visites
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On 24 April 2018, the European Commission (Commission) fined Altice NV (Altice) €124.5m for breaching both Article 4(1) and 7(1) of Council Regulation (EC) No 139/2004 (the EU Merger Regulation or EUMR). Article 4(1) EUMR contains the “notification requirement” under which relevant transactions (...)

The EU Commission imposes record € 125 million fine to a multinational cable and telecommunications company for gun jumping (Alice / PT Portugal)
Van Bael & Bellis (Brussels)
Belgique 194 contributions 40394 visites
On 24 April 2018, the European Commission fined Altice, a Dutch-based telecom operator, € 125 million for procedural infringements of the EU Merger Regulation. By way of background, on 9 December 2014, Altice entered into an agreement to acquire sole control of PT Portugal. Altice notified the (...)

The EU Commission imposes a fine of €124.5 million for gun jumping to a multinational cable and telecommunications company (Alice / PT Portugal)
Bryan Cave Leighton Paisner (London)
United Kingdom 11 contributions 916 visits
COMMISSION IMPOSES UPON DUTCH CABLE & TELCO COMPANY ALTICE A RECORD FINE OF €125 MILLION FOR GUN JUMPING UNDER THE EU MERGER REGULATION* On 24th April 2018 the European Commission announced that it had imposed a fine of €124.5 million on Altice, the multinational cable and telecommunications (...)

The EU Commission imposes a record fine of 124.5 million euros for gun-jumping in relation to a merger in the telecommunications sector (Altice / PT Portugal)
McDermott Will & Emery (Brussels)
Belgium 30 contributions 1209 visits
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McDermott Will & Emery (Paris)
France 53 contributions 21232 visits
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McDermott Will & Emery (Brussels)
Belgium 30 contributions 1209 visits
When drawing up an acquisition agreement in a transaction that will be notifiable to the EC for clearance under the EUMR, the acquirer must ensure that any veto or similar rights that it has prior to implementation of the transaction are strictly limited to that which is necessary to preserve (...)

The Romanian Competition Authority clears a merger subject to remedies in the pharmaceutical sector (A&D Pharma / Glebi)
Romanian Competition Council (Bucharest)
Romania 40 contributions 6611 visits
The Competition Council authorized with conditions the taking over of A&D Pharma holdings nv by Glebi holdings plc* The Competition Council authorised with conditions the transaction by which Glebi Holdings PLC takes over A&D Pharma Holdings NV. Glebi Holdings PLC is part of Penta (...)

The EU Commission opens an in-depth investigation concerning a merger in the market of music recognition for smartphones, tablets and PCs (Apple / Shazam)
DG COMP (Brussels)
Belgium 387 contributions 918512 visits
Mergers: Commission opens in-depth investigation into Apple’s proposed acquisition of Shazam* The European Commission has opened an in-depth investigation to assess the proposed acquisition of Shazam by Apple under the EU Merger Regulation. The Commission is concerned that the merger could (...)

The French Competition Authority clears a merger on the online advertising market (Aufeminin / TF1)
French Competition Authority (Paris)
France 451 contributions 103683 visits
Online advertising* The Autorité de la concurrence clears the acquisition of Aufeminin by TF1 On 16 March 2018, TF1 notified the Autorité de la concurrence of its acquisition of sole control of Aufeminin. Following the consultation of competitors and TF1’s clients along with an analysis of the (...)

The French Competition Authority clears two separate mergers in the footwear distribution market (Monoprix / Sarenza ; Spartoo / André)
French Competition Authority (Paris)
France 451 contributions 103683 visits
Footwear distribution* The Autorité de la concurrence clears two separate acquisitions but which raise similar questions: Sarenza by Monoprix (Casino group) André by Spartoo On 16 March Monoprix, and subsequently on 4 April 2018, Spartoo notified the Autorité de la concurrence of two distinct (...)

The Portuguese Competition Authority clears a merger between tour operators (Escalatur / Nortravel)
Morais Leitão, Galvão Teles, Soares da Silva & Associados (Porto)
Portugal 11 contributions 1077 visites
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Morais Leitão, Galvão Teles, Soares da Silva & Associados (Porto)
Portugal 2 contributions 207 visits
On March 23rd 2018, the Portuguese Competition Authority (PCA) was notified of a merger where Escalatur – Viagens e Turismo, Unipessoal, Limitada (Escalatur), a company within the Barceló Group, which operates in the tourism sector and is active in various countries, aimed to acquire exclusive (...)

The Supreme Court of India applies a strict interpretation to the requirement of notifying the Competition Commission prior to the implementation of a merger (Thomas Cook/ Sterling)
Economic Laws Practice (Mumbai)
India 12 contributions 1753 visits
On 17 April 2018, the Supreme Court of India (“Supreme Court”) handed down a decision according strict interpretation to the requirement of notifying the Competition Commission of India (‘CCI’) prior to consummation of a combination under the Competition Act, 2002 (“Act”). The Supreme Court set (...)

State Aid

 The EU Court of Justice puts an end to proceedings concerning a measure of support for the development of digital television in a region of Spain (Cellnex)
Arendt & Medernach (Luxembourg)
Luxembourg 39 contributions 95555 visits
By judgment on April 26, 2018, the Court of Justice put an end to proceedings concerning a measure of support for the development of digital television in a region of Spain with a low level of urbanisation. As a result of this judgment, the development in question cannot be considered a SGEI (...)

The EU Court of Justice clarifies application of the selectivity criterion to State aid (Anged)
Van Bael & Bellis (Brussels)
Belgique 103 contributions 10889 visites
On 26 April 2018, the Court of Justice of the European Union (“ECJ”) issued judgments on three requests for preliminary rulings from the Spanish Supreme Court regarding the qualification as state aid of regional taxes on large retail establishments situated in the territories of Catalonia (Case (...)

The EU Commission finds that an Irish tax exemption aimed at changing consumer behaviour in relation to harmful sweetened drinks is not State aid (Irish tax on sugar sweetened drinks)
College of Europe (Bruges)
Belgium 251 contributions 21855 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 (...)

The EU Commission limits broadband network State aid authorizations only to areas where market based instruments are unlikely to be made without aid measures (The Netherlands Broadband Rivierenland Region)
College of Europe (Bruges)
Belgium 251 contributions 21855 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 (...)

The EU Commission authorizes a State aid to stimulate new investment in regions hit by earthquakes (Earthquakes in Italy)
College of Europe (Bruges)
Belgium 251 contributions 21855 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 Competition and Markets Authority issues updated guidance on the appropriate amount of penalties to be imposed for infringements of competition law
White & Case (London)
United Kingdom 2 contributions 1027 visits
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White & Case (London)
United Kingdom 6 contributions 4582 visits
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White & Case (Brussels)
Belgique 13 contributions 9725 visites
On 18 April 2018, the Competition and Markets Authority issued updated guidance on the appropriate amount of penalties to be imposed for infringements of competition law in the UK. This replaces the previous guidance issued by the Office of Fair Trading (which the CMA replaced in 2014) and (...)

Advocate General Wathelet recommends setting aside the General Court judgment that dismissed the claims brought by one participant to the smart card cartel case without carrying an extensive review of the conduct challenged by the undertaking and of the amount of the fine (Infineon)
Van Bael & Bellis (Brussels)
Belgium 337 contributions 50086 visits
On 12 April 2018, Advocate General (“AG”) Wathelet delivered an opinion in which he recommended that the Court of Justice of the European Union (“ECJ”) set aside the General Court’s (“GC”) judgment which had dismissed the claims brought by Infineon in connection with its involvement in the smart card (...)

The EU Commission proposes a new harmonized approach to collective redress such as group or class actions
Skadden, Arps, Slate, Meagher & Flom (London)
United Kingdom 3 contributions 1354 visits
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Skadden, Arps, Slate, Meagher & Flom (Frankfurt)
Germany 2 contributions 420 visits
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Skadden, Arps, Slate, Meagher & Flom (London)
2 contributions 311 visits
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Despite 20 years of robust legislative activity in the field of consumer protection and the 2013 European Commission recommendation on collective redress mechanisms, a harmonized approach to collective redress such as group or class actions does not exist throughout the European Union. That may (...)

The EU Commission launches "New Deal" Consumer legislation on collective redress
Latham & Watkins (Hambourg)
Germany 1 contribution 38 visits
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Latham & Watkins (Brussels)
Belgique 8 contributions 3098 visites
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Latham & Watkins (Brussels)
Belgium 3 contributions 93 visits
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European Commission Launches “New Deal” Consumer Legislation Covering Digital Services* Proposed new consumer legislation raises regulatory risks for businesses, creating new rights for consumers and introducing potentially increased collective litigation and fines for businesses. The European (...)

Regulatory

 The OECD holds a roundtable on taxi, ride-sourcing and ride-sharing services
OECD - Competition Division
252 contributions 417577 visits
Introduction 1. Over the last 10 years, disruptive innovation in transportation radically changed the regulatory and competitive landscape, raising new questions for regulators and competition law enforcers. 2. Different services with different business models entered into the provision of (...)

The OECD holds a roundtable on blockchain technology and competition policy
OECD - Competition Division
252 contributions 417577 visits
1. Introduction 1. Blockchain is a general-purpose technology that threatens to disrupt markets and institutions across the world. Where the internet enabled the publishing and digital transfer of information, blockchain authenticates the ownership of assets, makes them unique, traceable, and (...)

The EU Commission publishes draft legislation for regulating online platforms and search engines
Latham & Watkins (Brussels)
Belgique 8 contributions 3098 visites
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Latham & Watkins (Brussels)
Belgium 3 contributions 93 visits
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Latham & Watkins (Brussels)
Belgium 1 contribution 35 visits
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New proposed EC Regulation would impose transparency obligations vis-à-vis business users and introduces collective redress. Background Businesses increasingly use online platforms and search engines to reach consumers. The European Commission believes that situations of dependency enable (...)

The Portuguese Competition Authority identifies barriers to entry of new FinTech firms and recommends measures to promote choice for consumers and companies
Portuguese Competition Authority (Lisbon)
Portugal 33 contributions 6038 visits
The AdC identifies barriers to entry of new FinTech firms and recommends measures to promote choice for consumers and companies in financial services in Portugal* The Portuguese Competition Authority - Autoridade da Concorrência (AdC), identified barriers to entry of new firms based on (...)

The French Competition Authority launches a public consultation in order to prepare the new opinion on the freedom of establishment for notaries
French Competition Authority (Paris)
France 451 contributions 103683 visits
Freedom of establishment for notaries* In compliance with the Law of 6 August 2015 for Growth, Activity and Equal Economic Opportunities (known as the “Macron Law”), the Autorité de la concurrence launches a public consultation in order to prepare the new Opinion on the freedom of establishment (...)

Public sector

 The Supreme Court of Lithuania refers a question for preliminary ruling to the CJUE in order to clarify in-house exemption ruling (Irgita)
Cobalt Legal (Vilnius)
2 contributions 57 visits
NOTHING LEFT TO SAY ABOUT THE IN-HOUSE EXEMPTION? THINK TWICE* On April 13, 2018 the Supreme Court of Lithuania (SCoL) decided to stay proceedings and refer a question for preliminary ruling to the Court of Justice of the European Union (CJEU) in a case that raises new questions related to the (...)

The EU Court of Justice holds that there is no obligation to revise prices payable under public contracts (Consorzio Italian Management e Catania Multiservizi)
University of Bristol - Law School
United Kingdom 87 contributions 13023 visits
NO OBLIGATION TO REVISE PRICES PAYABLE UNDER PUBLIC CONTRACTS. OK, BUT FOR THE WRONG REASONS? (C-152/17)* In its recent Judgment of 19 April 2018 in Consorzio Italian Management e Catania Multiservizi, C-152/17, EU:C:2018:264, the Court of Justice of the European Union (CJEU) clarified that EU (...)

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