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)
India 263 contributions 40428 visits
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)
India 263 contributions 40428 visits
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 objection 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)
Portugal 107 contributions 26526 visites
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)
Australia 2 contributions 410 visits
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 Egyptian Competition Authority refers 70 clay brick factories to prosecution for price fixing (Clay Bricks Cartel)
Helmy, Hamza & Partners (Baker McKenzie Cairo)
Egypt 2 contributions 338 visits
In brief In 2018, the Egyptian Competition Authority [the ’ECA’] referred 70 clay brick factories to public prosecution after issuing an infringement decision where it has established that they have engaged in a price fixing cartel in the clay bricks market. Main takeaways Important comments (...)

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)
Portugal 107 contributions 26526 visites
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 Authority publishes a decision regarding an agreement granting access to infrastructure and support services between two telecom companies (Vodafone / Superonline)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turquie 156 contributions 71235 visites
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)
European Commission
Belgium 45 contributions 20100 visits
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Gómez-Acebo & Pombo (Brussels)
Belgium 51 contributions 27138 visits
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Basic-Fit (Hoofddorp)
Netherlands 45 contributions 20077 visits
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 National Company Law Appellate Tribunal reverses the Competition Authority’s decision which penalized a company for imposing anti-competitive vertical restraints in the manufacturing vehicle sector (Hyundai)
Vaish Associates Advocates (New Delhi)
India 263 contributions 40428 visits
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 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)
India 263 contributions 40428 visits
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)
India 263 contributions 40428 visits
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 dominance (Telekom Slovenije)
Fatur Law Firm (Ljubljana)
Slovénie 20 contributions 53540 visites
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 its dominance by using conditional rebates and provisions regarding exclusivity (Teller)
Danish Competition and Consumer Authority (Copenhagen)
Danemark 125 contributions 34395 visites
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 US Court of Appeals for the Third Circuit finds that a medical device company conspired to deny insurance coverage for telemetry monitors (LifeWatch Services / Highmark)
Hausfeld (Washington)
United States 7 contributions 923 visits
In LifeWatch Services Inc. v. Highmark Inc., the Third Circuit determined that a medical device company had plausibly alleged a conspiracy among Blue Cross Blue Shield health insurance companies to deny their insured coverage for telemetry monitors. The decision reversed a district court ruling (...)

The Turkish Competition Authority finds the bundled sales of a telecommunication company not to be anti-competitive (TTNET)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 10 contributions 2473 visits
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Balcıoğlu Selçuk Akman Keki (BASEAK) (Istanbul)
Turkey 20 contributions 4234 visits
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ACTECON (Istanbul)
Turquie 13 contributions 2248 visites
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 Canadian Supreme Court dismisses an appeal and upholds the Court of Appeal’s order requiring a professional association to stop restricting its members’ use of real estate data (Toronto Real Estate Board)
Canadian Competition Bureau (Gatineau)
Canada 57 contributions 8482 visites
Court order upheld requiring TREB to stop restricting its members’ use of real estate data* The Competition Bureau today welcomes the Supreme Court of Canada’s (SCC) dismissal of the Toronto Real Estate Board’s (TREB) application seeking leave to appeal a December 2017 decision from the Federal (...)

The Lithuanian Competition Authority terminates investigation into suspected abuse of dominance of a petroleum products manufacturer (Orlen Lietuva)
ESG Legal (Vilnius)
Lithuania 13 contributions 8144 visits
Lithuanian Competition Council (Lietuvos konkurencijos taryba, “LCC”) terminated investigation into suspected abuse of dominance of the manufacturer of petroleum products ORLEN Lietuva (ORLEN). The investigation was originally initiated based on the complaint from the Association of the (...)

The UK Competition Authority fines a company for abusing its dominant position by discriminating against its only major competitor delivering letters (Royal Mail)
1 contribution 85 visits
Ofcom has fined Royal Mail £50,000,000 for a serious breach of competition law, after the company abused its dominant position by discriminating against its only major competitor delivering letters. The penalty is the result of an investigation into a complaint, made to Ofcom by Whistl (one of (...)

The Turkish Competition Authority fines a company for abuse of dominant position in the electricity sector (Enerjisa)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turquie 156 contributions 71235 visites
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 11 contributions 2737 visits
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 Turkish Competition Authority holds that the indirect changes on the shareholding structures of two companies do not constitute concentrations and grants a negative clearance to the transaction (Turkland / Groupmed)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turquie 156 contributions 71235 visites
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 23 contributions 4042 visits
The Turkish Competition Board (“ Board ”) resolved that the transaction would not be deemed as a concentration requiring mandatory merger control filing before the Turkish Competition Authority (the “ Authority ”), given that the transaction would result in shifting alliances. To that end, the (...)

The Turkish Competition Authority unconditionally approves the acquisition of sole control in the enterprise key management market and in the enterprise encryption software (Gemalto / Thales)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turquie 156 contributions 71235 visites
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 23 contributions 4042 visits
This case summary concerns an analysis of the Board’s Thales/Gemalto decision regarding the acquisition of sole control over Gemalto N.V. (“Gemalto”) by Thales S.A. (“Thales”). The Board indicated that the aggregate market share of the parties would be relatively high in the enterprise key (...)

The French Competition Authority clears a merger subject to remedies in the retailing of gardening products market (Jardiland / InVivo)
Autorité de la concurrence (Paris)
France 715 contributions 368557 visites
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)
Autorité de la concurrence (Paris)
France 715 contributions 368557 visites
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)
India 263 contributions 40428 visits
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 Italian Competition Authority unconditionally approves the creation of a cooperative banking group (Cassa Centrale Bancaria)
Giannino SI (Monserrato)
Italie 154 contributions 129848 visites
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 (...)

The Irish Competition Authority clears a merger subject to remedies in the healthcare sector (SISK Healthcare / Uniphar Public)
Irish Competition Authority (Dublin)
Ireland 88 contributions 14298 visits
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 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)
India 263 contributions 40428 visits
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 US FTC publishes a new Model Timing Agreement for merger investigations
McDermott Will & Emery (Washington)
United States 30 contributions 6200 visits
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McDermott Will & Emery (Washington)
United States 10 contributions 1176 visits
What happened: On August 7, the FTC published a new Model Timing Agreement. Timing agreements are agreements between FTC staff and merging parties that outline the FTC’s expected timing for various events in order for it to conduct an orderly investigation during a Second Request. The FTC (...)

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)
India 263 contributions 40428 visits
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 (...)

State Aid

 The EU Commission approves under State aid rules three support measures for renewable energy in Denmark
European Commission - DG COMP (Brussels)
Belgique 1260 contributions 2602422 visites
State aid: Commission approves three support measures for renewable energy in Denmark* The European Commission has approved under EU State aid rules three schemes to support electricity production from wind and solar in Denmark in 2018 and 2019. Denmark has a goal of supplying 50% of its (...)

The EU Commission approves a Slovenian aid in the banking sector (Nova Ljubljanska Banka)
European Commission - DG COMP (Brussels)
Belgique 1260 contributions 2602422 visites
State aid: Commission approves new Slovenian commitment package for Nova Ljubljanska Banka* The European Commission has concluded that Slovenia’s aid for Nova Ljubljanska Banka (NLB) remains compatible with EU State aid rules on the basis of a new commitment package submitted by the Slovenian (...)

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)
Australia 2 contributions 410 visits
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King & Wood Mallesons (Melbourne)
Australia 1 contribution 186 visits
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 (...)

Regulatory

 The Hungarian Competition Authority closes an investigation into a Big Tech company’s ad personalization and chat data processing subject to commitments (Google / Allo)
Hungarian Competition Authority (Budapest)
Hungary 86 contributions 17570 visits
Competition Proceeding against Google is closed with Commitment Decision* The Hungarian Competition Authority (Gazdasági Versenyhivatal – GVH) investigated the communications practices of Google LLC (Google) in relation to its ‘Internet and applications’ services ‘personalisation of (...)

The Australian Senate passes a bill introducing a new misuse of market power prohibition under section 46 of the Competition and Consumer Act 2010
Herbert Smith Freehills (Sydney)
Australia 15 contributions 1038 visits
The Competition and Consumer Amendment (Misuse of Market Power) Bill 2017 was passed by both houses of parliament on 15 August 2017, introducing a new misuse of market power prohibition under section 46 of the Competition and Consumer Act 2010. The changes to section 46 are significant, (...)

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