August 2018

Anticompetitive practices

The Indian Competition Authority fines seller of dry cell batteries for participating in bilateral "ancillary" cartel from the standpoint of consumers (Panasonic / Geep Industries India)
Vaish Associates, Advocates (New Delhi)
Competition Commission of India (CCI) imposes penalty on Geep Industries for being a member of bilateral “ancillary” cartel* By way of order dated August 30, 2018, the CCI imposed a penalty of INR 9,64 06,682 (Nine crores sixty-four lakh six thousand six hundred and eight two) on Geep Industries (...)

The Indian Competition Authority fines state film distributor for limiting production and supply of dubbed movies (KFCC Karnataka Film Chamber of Commerce)
Vaish Associates, Advocates (New Delhi)
CCI imposes penalty on Karnataka Film Chamber of Commerce (KFCC) and its office bearers for limiting production and supply of dubbed movies within Karnataka* By way of an order dated August 30, 2018, the CCI imposed a penalty of INR. 9,72 ,943/- (Nine lakh seventy-two thousand nine hundred and (...)

The Portuguese Competition Authority sends a statement of objections to five insurance companies and their directors and managers for participating in a cartel (Fidelidade / Multicare / Seguros de Saúde / Seguradoras Unidas / Zurich Insurance)
Portuguese Competition Authority (Lisbon)
AdC issues Statement of Objections to 5 insurance companies and 14 directors and managers for participating in a cartel * The Portuguese Competition Authority (Autoridade da Concorrência - AdC) issued a Statement of Objections to the insurance companies Fidelidade – Companhia de Seguros, (...)

The Australian Federal Court fines three distributors of polycarbonate roof sheeting for exclusive dealing conduct (Palram / Ampelite / EGR)
King & Wood Mallesons (Melbourne)
Sweat deal for the ACCC* In the Australian Competition and Consumer Commission v Oakmoore Pty Ltd cases,[1] the Federal Court declared, by consent, that Ampelite Australia Pty Ltd (Ampelite), Palram Australia Pty Ltd (Palram) and Oakmoore Pty Ltd (trading as EGR) had engaged in exclusive (...)

The Portuguese Competition Authority sends a statement of objections to an undertaking over possible resale price maintenance of its products in hotels, restaurants and cafés (Super Bock)
Portuguese Competition Authority (Lisbon)
AdC issues Statement of Objections to Super Bock for fixing minimum resale prices of beverages in hotels, restaurants and cafes* The Portuguese Competition Authority (Autoridade da Concorrência – AdC) issued a Statement of Objections to Super Bock Bebidas S.A. for suspicion of behavior (...)

The Turkish Competition Board publishes a decision regarding an agreement granting access to infrastructure (Vodafone / Superonline)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
The Competition Board recently published its reasoned decision on the application filed by Vodafone Net İletişim Hizmetleri AŞ regarding an agreement signed with Superonline İletişim Hizmetleri AŞ. The agreement concerns Vodafone and Superonline granting each other access to their respective (...)

The Spanish Competition Authority fines six cargo handling companies and five trade unions for entering into anticompetitive agreements (Port of Vigo)
Gomez Acebo & Pombo (Brussels)
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Gomez Acebo & Pombo (Brussels)
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Gomez Acebo & Pombo (Brussels)
Six cargo handling companies and five trade unions have been fined by the Spanish Competition Authority (“CNMC”) for concluding agreements that restricted competition in the Port of Vigo (Spain), increased prices and decreased competitiveness. The fines amount to EUR 3 million for the cargo (...)

Unilateral Practices

The Indian Competition Authority dismisses abuse of dominance allegations because the defendant was not dominant in the "relevant period" (Amit Mittal / DLF New Gurgaon Home Developers) (Vijay Kapoor / DLF New Gurgaon Home Developers)
Vaish Associates, Advocates (New Delhi)
CCI dismisses allegation of abuse of dominant position against the DLF group* By way of an order dated August 31, 2018, the CCI has dismissed allegations of abuse of dominant position by DLF group. The case was closed since DLF was not found to be in a dominant position Gurgaon during the (...)

The Indian Competition Authority expands investigation against super specialty hospital in the "aftermarket" for healthcare products and services to their inpatients (Vivek Sharma / Becton Dickinson India / Max Super Specialty Hospital)
Vaish Associates, Advocates (New Delhi)
CCI orders further investigation by DG in alleged abuse of dominance by Max Super Specialty Hospital* The Commission by way of order dated August 31, 2018 directed the DG to conduct further investigations/analysis with emphasis on the relevant market in a case pertaining to an alleged abuse of (...)

The Slovenian Administrative Court confirms a substantial part of a decision in a case related to abuse of dominant position (Telekom Slovenije)
Fatur Law Firm (Ljubljana)
INTRODUCTION On 9 January 2018, the Administrative Court of the Republic of Slovenia (hereinafter referred to as the Court) ruled in case I U 423/2015-48, brought by Telekom Slovenije against the Slovenian Competition Protection Agency’s (hereinafter referred to as SCPA) decision no. (...)

The Danish Competition Authority finds that a payment cards company has abused of its dominance by using conditional rebates and provisions regarding exclusivity (Teller)
Danish Competition and Consumer Authority (Copenhagen)
Teller has abused its dominant position by using rebates conditional on exclusivity and provisions regarding exclusivity* On the 29th of August 2018 the Danish Competition Council (“DCC”) ruled in a case concerning Teller’s (a merchant acquirer) abuse of dominant position by use of rebates (...)

The Turkish Competition Authority finds the bundled sales of a telecommunication company not to be anti-competitive (TTNET)
ACTECON (Istanbul)
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ACTECON (Istanbul)
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ACTECON (Istanbul)
Turkish Competition Authority to Shape the Future of Multi-Play Services in Telecommunication Industry [TTNET] INTRODUCTION On 21 December 2018, Turkish Competition Authority (“TCA”) published its decision regarding the investigation conducted against TTNET A.Ş. (“TTNET”), the leading internet (...)

The Indian National Company Law Appellate Tribunal (NCLAT) reverses the Indian Competition Authority’s decision
Vaish Associates, Advocates (New Delhi)
NCLAT quashes CCI order punishing Hyundai for Resale Price Maintenance and Tying-in* The National Company Appellate Tribunal (“NCLAT/ Tribunal ”) by way of an order dated August 19, 2018 , has set aside the CCI Order dated June 14, 2017 against Hyundai Motors India Ltd. (“Hyundai”) which (...)

The Turkish Competition Board finds abuse of dominant positions in the electricity sector and so imposes fines (Enerjisa)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
This case note analyses the Turkish Competition Board’s (“Board”) recently published Enerjisa decision of 8 August 2018 numbered 18-27/461-224 in which the Board assessed whether Enerjisa and its subsidiaries, all active in the electricity sector in Turkey, violated Article 6 of Law No. 4054 (...)

Mergers

The French Competition Authority clears a merger subject to remedies in the retailing of gardening products market (Jardiland / InVivo)
French Competition Authority (Paris)
Retailing of gardening products* The Autorité de la concurrence clears the acquisition of Jardiland group by InVivo group (Gamm Vert, Delbard) subject to divestiture of 11 stores Parties to the transaction On 29 June 2018, InVivo Retail group, a subsidiary of InVivo cooperative union, which (...)

The French Competition Authority clears a merger subject to remedies in the food retail distribution sector (Bernard Hayot / Géant Casino)
French Competition Authority (Paris)
Distribution in Martinique* The Autorité de la concurrence clears, subject to conditions, the acquisition by Bernard Hayot Group of a Géant Casino hypermarket in Martinique On 20 June 2018, Bernard Hayot Group (‘BHG’) notified the Autorité de la concurrence of its planned acquisition of a Géant (...)

The Indian Competition Authority approves transfer of cement assets between 2 companies in different cement markets (Century Textiles and Industries / Ultratech)
Vaish Associates, Advocates (New Delhi)
CCI approves acquisition of the cement assets of Century Textiles and Industries Limited by Ultratech* Vide its order dated August 21, 2018, the CCI approved the acquisition of the cement assets of Century Textiles and Industries Limited (Target) by Ultratech, The Target had a total cement (...)

The Irish Competition Authority clears a merger subject to remedies in the healthcare sector (SISK Healthcare / Uniphar Public)
Irish Competition Authority (Dublin)
CCPC obtains commitments from Uniphar to secure approval for proposed acquisition of SISK Healthcare* Following an extensive investigation, the Competition and Consumer Protection Commission (CCPC) has today cleared the proposed acquisition of sole control of SISK Healthcare by Uniphar Public (...)

The UK Competition Appeal Tribunal announces an appeal against the first decision fining a party for gun jumping (Electro Rent)
Bryan Cave Leighton Paisner (London)
ELECTRO RENT APPEALS FIRST EVER CMA FINE FOR GUN JUMPING.* Introduction and Summary An appeal has been launched against the UK competition regulator, the Competition and Markets Authority’s (CMA) first decision fining a party for gun jumping. On 20 July 2018, the Competition Appeal Tribunal (...)

The Indian Competition Authority approves acquisition of higher stake in B2B company by horizontal competitor because their relevant market share is below 5% (Walmart / Flipkart)
Vaish Associates, Advocates (New Delhi)
CCI approves Walmart’s acquisition of majority stake in Flipkart* The CCI vide its order dated August 8, 2018 approved Walmart International Holding’s acquisition of 51% to 77% of the outstanding shares of Flipkart Private Limited. The CCI noted that both the parties are engaged in B2B sales (...)

The Indian Competition Authority approves acquisition of 100% stake in steel and power business by a competing steel business after finding no major concerns during economic analysis (Bhushan Power and Steel / Tata Steel)
Vaish Associates, Advocates (New Delhi)
CCI approves Tata Steel’s acquisition of Bhushan Power and Steel limited* The CCI by way of order dated August 6, 2018 approved the acquisition of up to 100% of the issued and paid up share capital of Bhushan Power and Steel Limited (‘Target’) by Tata Steel Limited. The Target is currently (...)

The Italian Competition Authority unconditionally approves the creation of a cooperative banking group (Cassa Centrale Bancaria)
Desogus Law Office (Cagliari)
Merger, notification, autohorisation, banking, market definition, : clearance Phase (I) merger, economic efficiency, high market shares, relevant market, By a recent decision the Italian Competition Authority (ICA) has unconditionally approved the creation of a cooperative banking group. The (...)

State Aid

Procedures

The Australian Parliament aligns the maximum penalties under the Australian Consumer Law with the maximum penalties for breaches of the competition provisions of the Competition and Consumer Act
King & Wood Mallesons (Melbourne)
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King & Wood Mallesons (Melbourne)
NEW FINANCIAL YEAR, NEW PENALTIES – GREEN LIGHT FOR INCREASED ACL PENALTIES* On 23 August 2018, the Australian Parliament passed the Treasury Laws Amendment (2018 Measures No. 3) Bill 2018 (Cth) (Bill). The Bill aligns the maximum penalties under the Australian Consumer Law (ACL) with the (...)

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