August 2018

Anticompetitive practices

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 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 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 (...)

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 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 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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