April 2018

General antitrust

 The Angolan Parliament approves the Competition Act which is applicable to all economic sectors
Vieira de Almeida (Lisbon)
Portugal 9 contributions 716 visits
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DLA Piper (Lisbon)
Portugal 20 contributions 28414 visits
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Vieira de Almeida (Lisbon)
Portugal 7 contributions 582 visits
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On 19 April 2018, the National Assembly of Angola approved the Competition Act (the “Act”). The safeguard of sound competition between economic agents aims at fully implementing a market economy, stimulating the Angolan economy and improving the standing of Angola in the “Doing Business” (...)

Anticompetitive practices

 The Czech Constitutional Court clarifies rules for challenging dawn raids (Eurovia)
Skils (Prague)
Czech Republic 34 contributions 25853 visits
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 German Competition Authority refers a cartel case against metal packaging manufacturers to the EU Commission (Metal Packaging Manufacturers)
German Competition Authority (Bonn)
Germany 434 contributions 110094 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 Lithuanian Competition Council fines a notaries’ chamber due to its imposition of anti-competitive fees (Lithuanian Chamber of Notaries)
Lithuanian Competition Authority (Vilnius)
Lithuania 100 contributions 19302 visits
NOTARY FEES SET BY LITHUANIAN CHAMBER OF NOTARIES RESTRICTED COMPETITION* The Competition Council found that the Lithuanian Chamber of Notaries and members of its Presidium concluded an anti-competitive agreement by setting the amount of notary fees and agreeing upon their calculation (...)

The EU Commission proposes legislation to increase fairness and transparency on online platforms
Court of First Instance of Namur (Namur)
Belgium 224 contributions 46083 visits
On 26 April 2018, the European Commission proposed a new Regulation on promoting fairness and transparency for business users of online intermediation services (the “Proposed Regulation”). The Proposed Regulation aims to address business practices which are likely to be harmful to business users (...)

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 263 contributions 41112 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 for 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 263 contributions 41112 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 26 contributions 9290 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
Latvian Competition Council (Riga)
Latvia 116 contributions 22688 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 participating in a cartel in the camping card market (Campingrådet)
Danish Competition and Consumer Authority (Copenhagen)
Denmark 127 contributions 34947 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 US District Court for the District of Alabama rules on the applicability of the per se versus rule of reason standard of review for a series of allegedly anticompetitive restrictions in the health insurance market (Blue Cross / Blue Shield)
Hausfeld (San Francisco)
United States 1 contribution 66 visits
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Hausfeld (Washington)
United States 7 contributions 945 visits
In In re Blue Cross Blue Shield Antitrust Litigation, a recent decision in the Northern District of Alabama, Judge R. David Proctor ruled on the applicability of the per se versus rule of reason standard of review for a series of allegedly anticompetitive restrictions adopted by the Blue (...)

The EU Commission carries out unannounced inspections concerning distribution of sports media rights and other related rights
European Commission - DG COMP (Brussels)
Belgium 1296 contributions 2700073 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 Authority disqualifies two company directors for their roles in price-fixing cartel (Abbott / Frost)
Freshfields Bruckhaus Deringer (London)
United Kingdom 2 contributions 3036 visits
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 States involved in global cartels (Romano Pisciotti)
McDermott Will & Emery (Brussels)
Belgium 42 contributions 7199 visits
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McDermott Will & Emery (Paris)
France 122 contributions 63493 visits
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Norton Rose Fulbright (Brussels)
Belgium 37 contributions 6780 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 727 contributions 380069 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 Authority provides explanations on the calculation of the fine after its first decision was annulled on appeal in the pharmaceutical sector (Turkish Pharmacists Association)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
France 162 contributions 75090 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 Ukrainian Supreme Court affirms the fine issued by the Competition Authority to an electricity supplier for abusing monopoly powers in the regional market for electricity transmission (Chernihivoblenergo)
Asters (Kiev)
Ukraine 2 contributions 57 visits
Brief summary of facts In 2015, LLC "Torhova enerhetychna kompaniya "Elkom" (Elkom), a business entity active in the electricity market, particularly as a supplier of the electricity, filed with the Administrative Chamber of Chernihiv region Department of the Antimonopoly Committee of Ukraine (...)

The US 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)
United States 1 contribution 120 visits
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Polsinelli (Washington)
United States 1 contribution 120 visits
This article has been nominated for the 2019 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. 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 (...)

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 380 contributions 90680 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 confirms that price discrimination is not itself an abuse of dominance in breach of competition law unless the discriminatory conduct is capable of producing a distortion of competition for the trading party (MEO / Serviços de Comunicações e Multimédia)
Freshfields Bruckhaus Deringer (London)
United Kingdom 11 contributions 36195 visits
On 19 April 2018, the EU’s Court of Justice delivered its judgment in the MEO case, the latest in a recent line of rulings endorsing an effects-based analysis for abuse of dominance cases. EU competition law requires dominant companies not to discriminate between different customers or (...)

The EU Court of Justice clarifies how to assess whether a practice of differential pricing by a dominant undertaking is capable of distorting competition in a downstream market (MEO / Serviços de Comunicações e Multimédia)
Arendt & Medernach (Luxembourg)
Luxembourg 55 contributions 108764 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)
Belgium 26 contributions 8169 visits
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Jones Day (Brussels)
Belgium 16 contributions 4679 visits
This article has been nominated for the 2019 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. In April 2018, the CJEU provided guidance in assessing the validity of discriminatory pricing practices under EU rules governing dominant market players, in a (...)

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 42 contributions 7199 visits
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McDermott Will & Emery (Paris)
France 122 contributions 63493 visits
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Norton Rose Fulbright (Brussels)
Belgium 37 contributions 6780 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 95 contributions 21322 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 Brussels Commercial Court’s President rules that a collecting society abuses its dominant position through its pricing practice (SABAM)
Simmons & Simmons (Brussels)
Belgium 21 contributions 15711 visits
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Simmons & Simmons (Brussels)
Belgium 5 contributions 1541 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 about abuse of dominant position (Oracle)
Callol, Coca & Asociados (Madrid)
Spain 169 contributions 45129 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)
European Commission - DG COMP (Brussels)
Belgium 1296 contributions 2700073 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)
European Commission - DG COMP (Brussels)
Belgium 1296 contributions 2700073 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)
United States 3 contributions 1270 visits
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Weil, Gotshal & Manges (Washington)
United States 4 contributions 1670 visits
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 €124.5 million for breaching EU Merger Regulation by implementing its acquisition before the approval by the Commission (Altice / PT Portugal)
Freshfields Bruckhaus Deringer (London)
United Kingdom 8 contributions 2539 visits
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Freshfields Bruckhaus Deringer (Brussels)
Belgium 6 contributions 803 visits
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Freshfields Bruckhaus Deringer (Brussels)
Belgium 5 contributions 1068 visits
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The European Commission (Commission) announced today its decision to fine multinational cable and telecoms company Altice €124.5 million for breaching the EU Merger Regulation by implementing its 2015 acquisition of a telecommunications operator, PT Portugal, before notification to, or approval (...)

The EU Commission fines a multinational cable and telecommunications company for gun jumping (Altice / PT Portugal)
European Commission - DG COMP (Brussels)
Belgium 1296 contributions 2700073 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 fines €124.5 million a multinational cable and telecommunications company for gun-jumping (Altice / PT Portugal)
Freshfields Bruckhaus Deringer (London)
United Kingdom 3 contributions 727 visits
With complex merger reviews now taking 6-15 months, buyers can face lengthy periods between signing and closing, when they bear commercial risk but the target is required to operate entirely independently. While most competition agencies allow buyers to take reasonable and necessary steps to (...)

The EU Commission publishes its decision in a gun-jumping case (Altice / PT Portugal)
Simmons & Simmons (London)
United Kingdom 11 contributions 4137 visits
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Simmons & Simmons (London)
United Kingdom 7 contributions 7294 visits
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Crowell & Moring (London)
United Kingdom 16 contributions 9578 visits
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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 fines €125 million a multinational cable and telecommunications company for gun jumping (Altice / PT Portugal)
Callol, Coca & Asociados (Madrid)
Spain 169 contributions 45129 visits
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Callol, Coca & Asociados (Madrid)
Spain 61 contributions 3668 visits
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Callol, Coca & Asociados (Madrid)
Spain 65 contributions 21735 visits
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On 24 April 2018, the European Commission (EC) fined Altice €124.5 million (the highest fine imposed in Europe for gun-jumping) for the acquisition of PT Portugal without having notified the operation to the EC and obtained the mandatory clearance. In February 2015, Altice notified to the EC (...)

The EU Commission imposes a fine of €124.5 million for gun jumping to a multinational cable and telecommunications company (Altice / PT Portugal)
MemeryCrystal
United Kingdom 12 contributions 2904 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 record €125M fine on a multinational cable and telecommunications company for gun jumping (Altice / PT Portugal)
Van Bael & Bellis (Brussels)
Belgium 227 contributions 70744 visits
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 sends a statement of objection to a multinational company operating in the telecommunications sector alleging a breach of the merger regulation (Altice / PT Portugal)
Portolano Cavallo (Milan)
Italy 60 contributions 8897 visits
On May 18, 2017, the European Commission (the Commission) sent a “statement of objections” to Altice – a Netherlands-based multinational company operating in the telecommunications (TLC) sector – alleging that it breached the EU Merger Regulation (Regulation N. 139/04, or EUMR) by implementing the (...)

The EU Commission imposes a record fine of 124.5M euros for gun-jumping in relation to a merger in the telecommunications sector (Altice / PT Portugal)
McDermott Will & Emery (Brussels)
Belgium 42 contributions 7199 visits
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McDermott Will & Emery (Paris)
France 122 contributions 63493 visits
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Norton Rose Fulbright (Brussels)
Belgium 37 contributions 6780 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 EU Commission fines €124.5 million a multinational cable and telecoms company for having implemented its acquisition prior to notifying the transaction and receiving clearance (Altice / PT Portugal)
Herbert Smith Freehills (London)
United Kingdom 56 contributions 19959 visits
The EU Commission has imposed a fine of €124.5 million on Altice, a multinational cable and telecoms company, for having implemented its acquisition of Portuguese telecoms operator PT Portugal prior to notifying the transaction and receiving clearance under the EU Merger Regulation (EUMR), (...)

The EU Commission fines for gun jumping a telecommunications company (Altice / PT Portugal)
Freshfields Bruckhaus Deringer (Brussels)
Belgium 6 contributions 803 visits
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Freshfields Bruckhaus Deringer (London)
United Kingdom 8 contributions 2539 visits
European Commission decision provides guidance on how merging parties can mitigate the risk of ’gun jumping’ Following on from our update on this topic in April, the European Commission (Commission) has published the non-confidential version of its decision to fine multinational cable and (...)

The French Competition Authority clears a merger on the online advertising market (Aufeminin / TF1)
French Competition Authority (Paris)
France 727 contributions 380069 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 Romanian Competition Authority clears a merger subject to remedies in the pharmaceutical sector (A&D Pharma / Glebi)
Romanian Competition Council (Bucharest)
Romania 137 contributions 24517 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)
European Commission - DG COMP (Brussels)
Belgium 1296 contributions 2700073 visits
MERGERS: COMMISSIONS OPEN 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 two separate mergers in the footwear distribution market (Monoprix / Sarenza ; Spartoo / André)
French Competition Authority (Paris)
France 727 contributions 380069 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 Lithuanian Competition Authority reports that a food retail company fails to implement merger remedies after the acquisition is approved (RIMI / PALINK)
Lithuanian Competition Authority (Vilnius)
Lithuania 100 contributions 19302 visits
Competition Council: Rimi failed to implement merger remedies* The Competition Council reported that UAB Rimi Lietuva (RIMI) failed to implement merger remedies which the authority approved as a condition when clearing the acquisition by RIMI of 100 per cent shareholding and sole control of (...)

The Indian Supreme Court applies a strict interpretation to the requirement of notifying the Competition Authority prior to the implementation of a merger (Thomas Cook / Sterling)
Economic Laws Practice (Mumbai)
India 12 contributions 2804 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 55 contributions 108764 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)
Belgium 152 contributions 32870 visits
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 approves public aid in the form of services of general economic interest compensation (Sumburgh Airport)
Municipality of Cagliari
159 contributions 131123 visits
Introduction The European Commission has closed by a compatibility decision a State aid enquiry in the Sumburgh Airport case concerning public financial support granted in the form of SGEI compensation to the Scotland-based airport of Sumburgh . After establishing that the UK authorities has (...)

The EU Commission finds that an Irish tax exemption aimed at changing consumer behavior concerning harmful sweetened drinks is not State aid
Maastricht University
Belgium 338 contributions 58493 visits
Exemptions from Product-Specific Taxes* Tax exemptions do not constitute State aid when they aim to induce change in the behaviour of consumers, when they distinguish between harmful products and non-harmful products and for reasons of administrative simplicity. Introduction In the past two (...)

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)
Maastricht University
Belgium 338 contributions 58493 visits
State Aid for the Deployment of Broadband Networks Most State aid for the development of broadband networks is approved by the Commission. But the aid must be limited only to areas where market-based investments are unlikely to be made without aid. Introduction This article reviews a recent (...)

The EU Commission authorizes a State aid to stimulate new investment in regions hit by earthquakes (Earthquakes in Italy)
Maastricht University
Belgium 338 contributions 58493 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 Italian Civil Court of Milan issues a decision on the factors a judge must take into consideration for the application of state aid to cases (Quanta Agenzia per il Lavoro / Associazione Sportiva dilettantistica Quanta Sport Village /Comune di Milano)
BonelliErede (Brussels)
Belgium 28 contributions 22889 visits
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Luiss Guido Carli University (Rome)
Italy 23 contributions 883 visits
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BonelliErede (Brussels)
Belgium 24 contributions 1744 visits
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On 2 July 2014, the Civil Court of Milan delivered Decision No. 3839 in which it rejected the damages action brought by Quanta Agenzia per il Lavoro S.p.A. (“Quanta”) and Associazione Sportiva Dilettantistica Quanta Sport Village (“ASD”) against the Municipality of Milan (Comune di Milano) and (...)

Procedures

 The Supreme Court of Lithuania refers a question for a preliminary ruling to the EU Court of Justice to clarify in-house exemption ruling (Irgita)
Cobalt Legal (Vilnius)
2 contributions 243 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 UK Competition Authority issues updated guidance on the appropriate amount of penalties to be imposed for infringements of competition law
Hausfeld (London)
United Kingdom 8 contributions 3078 visits
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White & Case (London)
United Kingdom 25 contributions 12705 visits
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White & Case (Brussels)
Belgium 21 contributions 24010 visits
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 Technologies)
Van Bael & Bellis (Brussels)
Belgium 380 contributions 90680 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 harmonized approach to collective redress such as group or class actions
Skadden, Arps, Slate, Meagher & Flom (London)
United Kingdom 8 contributions 3550 visits
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Skadden, Arps, Slate, Meagher & Flom (Frankfurt)
Germany 2 contributions 1020 visits
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Steptoe & Johnson (London)
United Kingdom 4 contributions 843 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 171 visits
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Latham & Watkins (Brussels)
Belgium 9 contributions 5609 visits
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Latham & Watkins (Brussels)
Belgium 5 contributions 887 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 (...)

The EU Council’s working group proposes a Directive on representative actions for the protection of collective interests of consumers
Bird & Bird (Brussels)
Belgium 42 contributions 11808 visits
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Allen & Overy (Brussels)
Belgium 28 contributions 3156 visits
On 4 and 5 November 2019, the European Council’s Working Group on Consumer Protection and Information discussed the latest compromise proposal, as circulated by the Finnish Presidency of the Council, on representative actions for the protection of collective interests of consumers. The Finnish (...)

The German Higher Regional Court of Dusseldorf dismisses a motion by antitrust damages claimants seeking to compel the defendants to disclose the confidential and non-confidential version of the EU Commission’s fining decision (Herausgabe von Beweismitteln II) New
Hogan Lovells (Munich)
Germany 51 contributions 23882 visits
Brief summary of facts Claimants assert claims for damages against the defendants against whom the European Commission issued a fining decision in 2016. In preparation for their action for damages, claimants have sought from the defendants disclosure of the confidential and non-confidential (...)

Regulatory

 The OECD holds a roundtable on taxi, ride-sourcing and ride-sharing services
OECD - Competition Division (Paris)
France 311 contributions 1302589 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 (Paris)
France 311 contributions 1302589 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)
Belgium 9 contributions 5609 visits
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Latham & Watkins (Brussels)
Belgium 5 contributions 887 visits
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Latham & Watkins (Brussels)
Belgium 1 contribution 155 visits
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This article has been nominated for the 2019 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. New proposed EC Regulation would impose transparency obligations vis-à-vis business users and introduces collective redress. Background Businesses increasingly (...)

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 92 contributions 25096 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 (...)

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 111 contributions 27410 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 727 contributions 380069 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 (...)

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