August 2017

Anticompetitive practices

 The Danish Competition Authority fines €301,800 a media agency for customer sharing (Mediacenter)
Bird & Bird (Copenhagen)
Denmark 36 contributions 7336 visits
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Bird & Bird (Copenhagen)
Denmark 23 contributions 2293 visits
A Danish media agency, Mediacenter Danmark A/S (‘Mediacenter’) entered into a customer sharing agreement from November 2013 to December 2014 with their competitor MPE Distribution (‘MPC’) in the market for distribution of unaddressed mail. MPC decided to notify the Danish Competition and Consumer (...)

The Australian Federal Court rules against the Competition Authority in considering alleged misleading and deceptive conduct of a private hospital (Medibank)
Herbert Smith Freehills (Sydney)
Australia 15 contributions 1069 visits
The Federal Court has found against the ACCC in considering changes to Medibank’s coverage for certain out-of-pocket expenses and related representations made in various Medibank documents. In rejecting the ACCC’s contentions, the Court undertook a detailed and careful analysis of Medibank’s (...)

The Moldovan Competition Authority fines several undertakings for collusion in a public tender for road works (Ecosem / Irinda Prim / Litarcom)
University of Macau - Faculty of Law (Macau)
China 283 contributions 223406 visits
On 24 August 2017 the Competition Council (CC) discovered the price-fixing cartel in the form of bid rigging at public tender for acquisition of road construction and repairs works announced by the state-owned enterprise. The fines imposed on undertakings involved were calculated taking into (...)

The US FTC approves a final order and consent agreement with a breeder trade association that limited price competition in the Bull sector (NAAB)
McDermott Will & Emery (Chicago)
United States 6 contributions 1386 visits
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35 contributions 5544 visits
The two current commissioners of the Federal Trade Commission (FTC) approved another final order and consent agreement with a trade association, this time with the National Association of Animal Breeders, Inc. (NAAB). What happened: NAAB is a non-profit corporation of approximately 24 member (...)

The Indian Competition Authority dismisses allegations of collusion between the central bank and 19 other banks and concludes that the banks’ similar safety locker policies are common practice and not a result of collusion (Reserve Bank of India)
Vaish Associates Advocates (New Delhi)
India 263 contributions 40590 visits
CCI dismisses allegations of cartelization against the Reserve Bank of India and 19 other banks* The CCI vide order dated August 23,2017 dismissed allegations of cartelization against RBI and 19 other banks. (“Opposite Party banks”) It was alleged that the Opposite Party banks do not undertake (...)

The Turkish Competition Authority concludes its investigation into ready-mixed concrete companies engaging in allegedly concerted practices and decides not to impose any administrative fines (Çimbeton)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 157 contributions 71590 visits
The Competition Board launched a fully-fledged investigation into 10 ready-mixed concrete companies active in the city of Izmir, which had been accused of undertaking a concerted practice for three months and thus violating Article 4 of Law 4054. Following a 16-month investigation, on August 22 (...)

The Turkish Competition Authority publishes its reasoned decision regarding the preliminary investigation on the allegations that a white goods manufacturer restricted the online sales of its dealers (BSH)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 157 contributions 71590 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 22 contributions 5154 visits
This case summary includes an analysis of the Turkish Competition Board’s (“Board”) BSH decision (22.08.2017; 17-27/454-195). The Board reviewed the allegations put forward by Ersan Pazarlama Tic. Ltd. Şti. (“Ersan Pazarlama”) against BSH Ev Aletleri Sanayi ve Ticaret A.Ş. (“BSH”). The Board assessed (...)

The Hong Kong Competition Authority brings ten construction and engineering companies to the Tribunal for an alleged market sharing and price-fixing cartel in relation to the renovation of over 800 flats in the public housing sector
Freshfields Bruckhaus Deringer (Hong Kong)
Hong Kong 1 contribution 59 visits
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Freshfields Bruckhaus Deringer (Hong Kong)
Hong Kong 12 contributions 3960 visits
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Freshfields Bruckhaus Deringer (Beijing)
China 17 contributions 17851 visits
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Yesterday, the Hong Kong Competition Commission (the HKCC) took ten construction and engineering companies to the Competition Tribunal (the Tribunal) for an alleged market sharing and price fixing cartel relating to the renovation of over 800 flats in On Tat Estate, a public housing estate in (...)

The Chinese NDRC proposes new rules to deal with perceived anti-competitive practices in the pharmaceutical industry
Hogan Lovells (Beijing)
China 78 contributions 18406 visits
China proposes new rules to address perceived anti-competitive practices n the pharmaceutical industry* On 14 August 2017, the National Development and Reform Commission (“NDRC“) released a draft of the Guidelines on Pricing Conduct by Business Operators for Drugs in Shortage and Active (...)

The Hong Kong Competition Authority issues a complaint before the Competition Tribunal against ten construction and engineering undertakings accused of engaging in a cartel
Hong Kong Competition Commission (Hong Kong)
Hong Kong 43 contributions 9364 visites
Competition Commission takes market sharing and price fixing case to Competition Tribunal* The Competition Commission (Commission) has today commenced proceedings in the Competition Tribunal (Tribunal) against ten construction and engineering companies, namely W. Hing Construction Company (...)

The US District Court of the Southern District of Ohio grants three pretrial motions and dismisses the entire case with prejudice because of the fail to plea a rule of reason case in the hospital sector (The Medical Center at Elizabeth Place / Premier health)
McDermott Will & Emery (Chicago)
United States 6 contributions 1386 visits
District Judge Walter H. Rice of the Southern District of Ohio granted three pretrial motions brought by the Defendants on the eve of trial in The Medical Center at Elizabeth Place, LLC v. Premier Health Partners, et al., Case No. 3:12-cv-26, 2017 WL 3433131 (S.D. Ohio Aug. 9, 2017), and denied (...)

The Hong Kong Competition Authority issues a block exemption order for vessel sharing agreements in the liner shipping industry (Hong Kong Liner Shipping Association)
Hong Kong Competition Commission (Hong Kong)
Hong Kong 43 contributions 9364 visites
Competition Commission issues block exemption order for vessel sharing agreements in the liner shipping industry* The Competition Commission (Commission) today (8 August 2017) issued a block exemption order (BEO) under section 15 of the Competition Ordinance (Ordinance) for vessel sharing (...)

The US DOJ announces that an e-commerce company and its president have agreed to plead guilty to participating in a price-fixing conspiracy (Zaappaaz)
Jones Day (San Francisco)
United States 3 contributions 1434 visits
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Farmer Brownstein Jaeger
United States 6 contributions 2074 visits
Background Texas-based e-commerce company Zaappaaz, Inc.—doing business as WB Promotions, Inc., Wrist-Band.com, and Customlanyard.net—and its president both agreed to plead guilty to conspiring to fix prices for customized promotional products sold online in the United States, including (...)

The US District Court for the Southern District of Texas files an information due to conspiracy to fix the prices in the silicone wristbands and lanyards sector (Zaappaaz)
35 contributions 5544 visits
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Milbank (London)
United Kingdom 21 contributions 11818 visits
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McDermott Will & Emery (Dusseldorf)
Germany 15 contributions 6221 visits
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Azim Makanojiya founded Zaappaaz Inc. as a nineteen-year-old university student and quickly turned it into a multi-million dollar business. WHAT HAPPENED: On Tuesday, August 7, online retailer Zaappaaz Inc. and its twenty-nine-year-old president and founder, Azim Makanojiya, agreed to plead (...)

The Hellenic Competition Authority fines undertakings active in the construction sector (AKTOR)
Hellenic Competition Commission (Athens)
Grèce 110 contributions 14911 visites
Settlement Procedure - Infringement decision with fines addressed to undertakings active in the construction sector regarding infringements of Article 1 of the Greek Competition Act and Article 101 TFEU* The Hellenic Competition Commission (HCC), by unanimous decision, found that fifteen (15) (...)

The Chinese NDRC fines several industry associations for price-fixing (Paper manufacturers and Power companies)
Jones Day (Shanghai)
Chine 49 contributions 23116 visites
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Jones Day (Beijing)
Chine 42 contributions 20041 visites
Historically, most industry associations in China were quasi-governmental and served as forums through which member companies coordinated their activities, in some cases including price-setting. For this reason, anticompetitive behavior through industry associations is even more of a salient (...)

The Australian Federal Court issues its first criminal cartel prosecution and fines a global shipping company for fixing freight rates, bid rigging and customer allocation affecting the importation of ten major vehicle brands (Nippon Yusen Kabushiki Kaisha)
Ashurst (Sydney)
Australia 8 contributions 2696 visits
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Ashurst (Sydney)
Australia 17 contributions 2247 visits
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Ashurst (Brisbane)
Australia 4 contributions 486 visits
What you need to know This is the first prosecution under Australia’s criminal cartel provisions since their introduction in 2009. In a landmark decision, the global Japanese shipping company, Nippon Yusen Kabushiki Kaisha (NYK) has been fined A$25 million for its involvement in "deliberate, (...)

The Indian Competition Authority finds a professional committee in transportation and its 4 participating associations guilty of price fixing in the market for coastal container services and issues a cease and desist with no fine because conduct was limited and stopped before investigation (Cochin Port Trust / Container Trailer Owners Coordination Commission)
Vaish Associates Advocates (New Delhi)
India 263 contributions 40590 visits
CCI finds Container Trailer Owners Coordination Commission and its four participating associations guilty of anticompetitive conduct* The Competition Commission of India (“CCI”) vide dated 01.08.2017 has found Container Trailer Owners Coordination Committee (‘Committee’) and its four participating (...)

Unilateral Practices

 The Dutch Competition Authority, after its market study into online video platforms, finds no dominant market power among online video streaming platforms (Youtube / Facebook / Netflix / Dumpert)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Pays-Bas 198 contributions 32499 visites
No dominant market power among online video streaming platforms* The Netherlands Authority for Consumers and Markets (ACM) has conducted a market study into online video platforms such as YouTube, Facebook, Netflix, and Dumpert. ACM did not find any indications for anticompetitive risks on the (...)

The Turkish Competition Authority decides that a worldwide manufacturer of luxury sunglasses abused its dominant position by granting rebates and resorting to other exclusionary practices (Luxottica)
Ankara Hacı Bayram Veli University (Ankara)
31 contributions 11797 visits
This case note analyses the decision of the Turkish Competition Authority (TCA) in which it has decided that the worldwide manufacturer of luxury sunglasses, Luxottica, abused its dominant position it held in the market for the wholesale of branded sunglasses by its rebate schemes which include (...)

The Australian Federal Court imposes a record penalty on a real estate company for false and misleading representations (We Buy Houses)
King & Wood Mallesons (Sydney)
Australia 1 contribution 119 visits
Rotten Otton hit with highest ever ACL penalty* Following investigative action taken by the ACCC in 2015, the Federal Court has, yet again, broken its own record for penalties imposed under the ACL. In a warning to other companies offering wealth creation strategies that are too good to be (...)

The UK Competition Authority issues a ’no grounds for action’ decision following its investigation into whether certain rebate schemes offered by a transnational consumer goods company amounted to an abuse of dominance (Unilever)
Freshfields Bruckhaus Deringer (Brussels)
Belgium 1 contribution 53 visits
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Freshfields Bruckhaus Deringer (London)
United Kingdom 11 contributions 36159 visits
Introduction On 10 August 2017, the UK Competition and Markets Authority (CMA) issued a rare ‘no grounds for action’ decision following its investigation into whether certain rebate schemes offered by Unilever amounted to an abuse of dominance in breach of UK and EU competition rules (the CMA (...)

Mergers

 The German Higher Regional Court in Düsseldorf upholds the Competition Authority’s decision to prohibit a merger between two supermarket chains (EDEKA / Kaiser’s Tengelmann)
European Commission
Belgium 714 contributions 215712 visits
Düsseldorf Higher Regional Court confirms prohibition of EDEKA/Kaiser’s Tengelmann merger* Bonn, 24 August 2017: Yesterday the Düsseldorf Higher Regional Court rejected appeals filed by EDEKA and Kaiser´s Tengelmann against the Bundeskartellamt’s prohibition of the merger between the super market (...)

The EU Commission opens an in-depth investigation in the agrochemicals market (Bayer / Monsanto)
European Commission - DG COMP (Brussels)
Belgique 1265 contributions 2616327 visites
MERGERS: COMMISSION OPENS IN-DEPTH INVESTIGATION INTO PROPOSED ACQUISITION OF MONSANTO BY BAYER* The Commission has opened an in-depth investigation to assess the proposed acquisition of Monsanto by Bayer under the EU Merger Regulation. The Commission has concerns that the merger may reduce (...)

The Italian administration changes merger notification thresholds
European Court of Justice (Luxembourg)
Luxembourg 15 contributions 40347 visits
After 894 days of discussion, the Italian Parliament has approved, on 2 August 2017, what should be the “annual” competition act — a series of measures that should be adopted on a yearly basis to promote competition. Among the disparate set of measures contained in the new law, concerning a range (...)

The German Competition Authority approves a merger in the glass recycling market under the de minimis rule (Rethmann GRI VSB)
German Competition Authority (Bonn)
Allemagne 428 contributions 108109 visites
Bundeskartellamt clears acquisition of glass recycling companies by the Rethmann group* Bonn, 4 August 2017: The Bundeskartellamt has cleared plans by the Rethmann group to acquire two glass recycling companies, G.R.I.-Glasrecycling NV (Lummen, Belgium) and VSB Holding NV (Lummen, Belgium). (...)

Procedures

 The Cyprus Parliament implements the EU damages directive
Antoniou McCollum & Co. (Nicosia)
Cyprus 15 contributions 16771 visits
Directive 2014/104/EU of the European Parliament and of the Council of 26 November 2014 on certain rules governing actions for damages under national law for infringements of the competition law provisions of the Member States (the “Damages Directive“) has been transposed into Cyprus law. The (...)

The US Court of Appeals for the Third Circuit applies an appropriate post-Actavis pleading standard (Lipitor)
Rutgers University (New Brunswick)
United States 26 contributions 23212 visits
On August 21, 2017, the Third Circuit overturned a decision that had applied excessive pleading standards against plaintiffs challenging reverse-payment settlements. Writing for a unanimous panel, Chief Judge Smith held that, in the wake of FTC v. Actavis, 133 S. Ct. 2223 (2013), courts should (...)

The Lithuanian Supreme Administrative Court upholds the decision of the Competition Authority to impose sanctions for bid rigging and in doing so distinguishes the non bis in idem principle in civil cases (UAB Convertus)
Lithuanian Competition Authority (Vilnius)
Lithuania 2 contributions 24 visits
The Supreme Administrative Court of Lithuania (‘Court’) upheld the Competition Council’s (Konkurencijos taryba) decision, according to which construction companies were fined for having concluded bid rigging agreements in 2011-2012. The Court confirmed the Council’s power to use the information (...)

Regulatory

 The Indian Government exempts nationalized banks from the merger control regime by the Indian Competition Authority for 10 years
Vaish Associates Advocates (New Delhi)
India 263 contributions 40590 visits
Nationalized Banks Exempted From CCI Approval for Mergers* The Ministry of Corporate Affairs (“MCA”) has exempted Nationalized Banks from the applicability of the merger control regime under the Act. The MCA vide a notification dated August 30, 2017 , stipulates that in exercise of the powers (...)

The Moldovan Competition Authority holds the government accountable for the anticompetitive actions of a State-owned company (Ministry of Finance / Loteria Națională a Moldovei)
University of Macau - Faculty of Law (Macau)
China 283 contributions 223406 visits
On 24 August 2017 the Competition Council (CC) held that the Ministry of Finance has violated competition law by endorsing the decision of the state-owned enterprise to accord favorable treatment to a private company in the gaming market. In 2014 the CC has commenced an investigation into the (...)

The Indian Competition Authority ammends its Leniency (Lesser Penalty) Regulations to include leniency applications from individuals and expand the number of "markers" that can be granted to leniency applicants
Vaish Associates Advocates (New Delhi)
India 263 contributions 40590 visits
CCI amends Lesser Penalty Regulations* The Competition Commission of India (“CCI”) vide a Gazette Notification (published in the Gazette of India) on August 22, 2017, (“the amendment”) has published “The Competition Commission of India (Lesser Penalty) Amendment Regulations, 2017 (No.1 of 2017), (...)

The Indian Government exempts regional rural banks from the merger control regime by the Competition Authority for 5 years
Vaish Associates Advocates (New Delhi)
India 263 contributions 40590 visits
Regional Rural Banks mergers gets exemption from CCI* The Ministry of Corporate Affairs (MCA) has exempted Regional Rural Banks (RRBs) from the applicability of the merger control regime. The MCA vide a notification dated August 10, 2017 (Notification), stipulates that Sections 5 and 6 of the (...)

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