August 2019

Anticompetitive practices

The EU Commission closes a proceeding against a Slovak railway company suspected to have obstructed an inspection (ZSSK)
DG COMP (Brussels)
Antitrust: Commission closes proceedings against Slovak rail company ZSSK related to an inspection* On 25 September 2018, the European Commission sent a Statement of Objections to the Slovak rail company ZSSK. The Commission informed ZSSK about its preliminary view that the company obstructed (...)

The Mexican Competition Authority fines tortilla-producing associations for price-fixing and market sharing (Unión Palenque / Unión Flor de Maíz / Asociación de la Industriade la Masa)
Mexican Competition Authority (Mexico City)
COFECE sanctions 5 natural persons and 3 tortilla-producing associations for price fixing and the segmentation of the corn tortilla market in the municipality of Palenque, in the state of Chiapas* • The sanctioned economic agents fixed prices per kilogram of tortilla in a range of 10 to 17 (...)

The EU Commission opens investigation into possibly anticompetitive conduct of a multinational online platform focused on e-commerce (Amazon)
DG COMP (Brussels)
Antitrust: Commission opens investigation into possible anti-competitive conduct of Amazon* The European Commission has opened a formal antitrust investigation to assess whether Amazon’s use of sensitive data from independent retailers who sell on its marketplace is in breach of EU competition (...)

The EU Court of Justice dismisses appeal against the judgment of the General Court that had annulled the fines imposed by the Commission in the Yen Interest Rate Derivatives cartel case (ICAP)
Van Bael & Bellis (Brussels)
On 10 July 2019, the Court of Justice of the European Union (the “ECJ”) delivered a judgment on an appeal lodged by the European Commission (the “Commission”) against the judgment of the General Court (the “GC”) that had annulled the fines imposed by the Commission on ICAP in the Yen Interest Rate (...)

The EU Commission fines a company €6.2 million for restricting cross-border sales of merchandising products (Sanrio)
Van Bael & Bellis (Brussels)
On 9 July 2019, the Japanese company Sanrio was fined € 6.2 million by the European Commission (“Commission”) for infringing Article 101 Treaty on the Functioning of the European Union by restricting cross-border sales by its licensees. According to the Commission’s press release, the case (...)

The EU Commission fines a company for restricting cross-border sales of merchandising products featuring their brand characters (Sanrio)
DG COMP (Brussels)
Antitrust: Commission fines Sanrio €6.2 million for restricting cross-border sales of merchandising products featuring Hello Kitty characters* The European Commission has fined Sanrio €6.2 million for banning traders from selling licensed merchandise to other countries within the EEA. This (...)

The EU Commission fines a company for restricting cross-border sales of merchandising products (Sanrio)
Gomez Acebo & Pombo (Brussels)
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Gomez Acebo & Pombo (Brussels)
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Gomez Acebo & Pombo (Brussels)
The investigation of the Commission has found that Sanrio banned traders from selling licensed merchandise of Hello Kitty and other characters outside their territorial coverage but within the European Economic Area (“EEA”). Sanrio is a Japanese company that designs, licenses, produces and sells (...)

The French Competition Authority fines a cooperative for having partitioned French distribution market of raw materials and equipment to bakers (Back Europ)
Van Bael & Bellis (Brussels)
On 8 July 2019, the French Competition Authority (the “FCA”) imposed a fine of € 1.7 million on the cooperative Back Europ for having partitioned the French market for the distribution of raw materials and equipment to bakers for 30 years. Back Europ is a cooperative that operates in the market (...)

The French Competition Authority fines a distribution cooperative of raw materials and equipment to bakers for market sharing (Back Europ)
French Competition Authority (Paris)
Distribution of raw materials and equipment to bakers* The Autorité hands down fines to the cooperative Back Europ for having organised, on the whole of France, a geographical market distribution between its members. L’essentiel The Autorité hands down fines to the cooperative Back Europ for (...)

The EU Commission re-adopts decision for third time and imposes fines totalling more than € 16 million on steel producers (Steel bar cartel)
Van Bael & Bellis (Brussels)
On 4 July 2019, the European Commission (the “Commission”) adopted for the third time a cartel decision in which it imposed total fines of more than € 16 million on five Italian manufacturers of reinforcing steel bars for concrete, namely AlfaAcciai, Feralpi Holding, Ferriere Nord, Partecipazioni (...)

The UK Competition and Markets Authority announces the start of a formal market study into online platforms and the UK market for digital advertising
Simmons & Simmons (London)
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Simmons & Simmons (London)
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Simmons & Simmons (London)
What is the Study about? The Study is broad in scope and aims to examine three potential sources of harm in connection with the digital advertising market: i) to what extent online platforms have market power in user-facing markets and what impact this has on consumers; ii) whether consumers (...)

The French Competition Authority carries out unannounced inspections in the sector of crystal components distribution
French Competition Authority (Paris)
Dawn raids* The General Rapporteur of the Autorité de la concurrence indicates that unannounced inspections have been carried out in the sector of crystal components distribution. Following authorization from the liberty and custody judge, the investigation services of the Autorité de la (...)

The Portuguese Competition Authority carries out unannounced inspections in the waste management sector
Portuguese Competition Authority (Lisbon)
Autoridade da Concorrência carried out dawn raids in the waste management sector* The Autoridade da Concorrência (AdC) – Portuguese Competition Authority carried out dawn raids in two premises of seven undertakings in the waste management sector in the district of Lisbon on suspicions of (...)

The French Competition Authority fines a bicycle manufacturer for having prohibited authorised retailers from selling its bicycles online (Bikeurope)
French Competition Authority (Paris)
Online bicycle sales* The Autorité de la concurrence has fined Bikeurope for having prohibited its authorised retailers from selling its bicycles online Background Following documents sent by the French Directorate General for Competition Policy, Consumer Affairs and Fraud Control (Direction (...)

The French Competition Authority fines a bicycle manufacturer € 250,000 for online sales restrictions (Bikeurope)
Van Bael & Bellis (Brussels)
On 1 July 2019, the French Competition Authority (“FCA”) imposed a fine of € 250,000 on Trek Bicycle Corporation and its subsidiary Bikeurope B.V. (together “Bikeurope”) for having prohibited its authorised retailers from selling its bicycles online from 2007 to 2014, a restriction by object that (...)

The Portuguese Competition Authority warns that firms are responsible for the algorithms they use to coordinate market prices
Portuguese Competition Authority (Lisbon)
The AdC warns that using algorithms to coordinate market prices is incompatible with the Portuguese Competition Law* The Portuguese Competition Authority (Autoridade da Concorrência, AdC) warns that firms are responsible for the algorithms they use and that employing these tools with the aim of (...)

The Lithuanian Competition Council concludes investigation into public tenders on street and road repair and land melioration works by establishing the presence of bid-rigging cartel activity (Pasvalio melioracija / Jadrana / Panevėžio melioracija / Biržų ranga)
Lithuanian Competition Authority (Vilnius)
COMPETITORS RECEIVE FINES FOR SHARING TENDER ALLOCATION* Konkurencijos taryba found that companies Pasvalio melioracija, Jadrana, Panevėžio melioracija and Biržų ranga concluded a bid-rigging cartel: cartelists colluded their actions and bids, including bid price, and agreed in advance on the (...)

The Indian Competition Authority finds that pharmaceutical companies and their trade association infringe competition law so orders them to organise competition awareness programmes (Madhya Pradesh Chemists and Distributors Federation / Madhya Pradesh Chemists and Druggist Association)
National Law University (Punjab)
Indian competition authority finds that pharmaceutical companies and their trade association infringe competition law* Background On 3rd June 2019, CCI delivered yet another order, wherein it held the Madhya Pradesh Chemists & Druggists Association along with other district-level (...)

The Indian Competition Authority fines pharmaceutical associations and companies for imposing anticompetitive conditions on their retailers (Madhya Pradesh Chemists and Distributors Federation / Madhya Pradesh Chemists and Druggist Association)
Vaish Associates, Advocates (New Delhi)
CCI imposes penalty on chemists and druggist associations in Madhya Pradesh and two pharmaceutical companies* By way of order dated 03.06.2019, CCI imposed penalty on Madhya Pradesh Chemists and Druggist Association (“MPCDA”) and Indore Chemists Association (“ICA”) (collectively ‘chemists and (...)

The French Competition Authority dismisses audiovisual media group’s claim regarding priority and pre-emption rights for French-language films (Canal Plus Group)
French Competition Authority (Paris)
Broadcasting rights for catalogue French films* The Autorité de la concurrence dismisses the case brought by the Canal Plus Group against the practices of TF1, France Télévisions, and M6 on priority and pre-emption rights for French-language films. The Canal Plus Group was claiming that the (...)

The Indian Competition Authority finds no violation in one cinema chain exclusively selling one beverage producer’s products (Inox Leisure / Hindustan Coca-Cola Beverages)
Vaish Associates, Advocates (New Delhi)
CCI holds no violation in exclusive selling beverages of Coca-Cola by INOX Theatres at higher rates than the retail price* The Competition Commission of India (“CCI/ Commission”) by way of order dated 28.02.2019 exonerated INOX Leisure Ltd (“INOX”) and Hindustan Coca-Cola Beverages Private Ltd (...)

Unilateral Practices

The EU Commission fines a company €242 million for engaging in predatory pricing in the market for 3G baseband chipsets (Qualcomm)
Van Bael & Bellis (Brussels)
On 18 July 2019, the Commission announced that it had adopted a decision against Qualcomm for abusing a dominant position in the market for 3G baseband chipsets, and imposed a fine of € 242 million. According to the Commission, Qualcomm’s prices to certain key customers were below its costs with (...)

The EU Commission fines a chipmaker company €242 million for predatory pricing in the market of 3G baseband chipsets (Qualcomm)
Cleary Gottlieb Steen & Hamilton (London)
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Cleary Gottlieb Steen & Hamilton (London)
On 18 July 2019, the European Commission (“EC”) fined Qualcomm for abusing its market dominance by selling 3G baseband chipsets below cost, to force its competitor Icera out of the market. The EC found that Qualcomm sold three of its UMTS (a 3G standard) chipsets at predatory levels between (...)

The Austrian Federal Competition Authority and the German Federal Cartel Office close their respective abuse of dominance investigations after the company committed to changing contract terms (Amazon)
Van Bael & Bellis (Brussels)
On 17 July 2019, the Austrian Federal Competition Authority and the German Federal Cartel Office closed their respective abuse of dominance investigations against Amazon, after Amazon committed to changing contract terms. Throughout the years 2017 and 2018, both competition authorities had (...)

The German Competition Authority obtains amendments of seller rules active on a major online marketplace (Amazon)
German Competition Authority (Bonn)
Bundeskartellamt obtains far-reaching improvements in the terms of business for sellers on Amazon’s online marketplaces* In response to the competition concerns expressed by the Bundeskartellamt, Amazon is amending its terms of business for sellers on Amazon’s online marketplaces. Andreas (...)

The German Competition Authority ends abuse probe after an online market place agrees to changing business terms for dealers (Amazon)
Heinz & Zagrosek (Köln)
Bundeskartellamt ends abuse probe after Amazon agrees to changing business terms for dealers* On July 17, 2019, the German Bundeskartellamt (Federal Cartel Office, “FCO”) terminated its dominance probe into Amazon’s business terms towards sellers on its marketplace after Amazon agreed to various (...)

The Swedish Appeal Court confirms dismissal of Competition Authority action against a stock exchange company for alleged abuse of dominant position (Nasdaq)
Van Bael & Bellis (Brussels)
On 28 June 2019, the Swedish Patent and Market Court of Appeal (the “Appeal Court”) upheld a ruling of the Swedish Patent and Market Court that rejected an action brought by the Swedish Competition Authority (Konkurrensverket or “KKV”) against Nasdaq Stockholm Aktiebolag and several affiliated (...)

The Competition Commission of India orders probe against a multinational technology company for abuse of its dominant position (Google)
Gujarat National Law University (Gandhinagar)
COMPETITION COMMISSION OF INDIA STRIKES ANOTHER BLOW TO GOOGLE FOR ABUSE OF DOMINANT POSITION* On 16th April 2019, the Competition Commission of India (CCI) ordered a probe against the multinational technology company, Google, for abusing its dominant position in clear violation of Section 4 (...)

The Philippine Competition Commission files suits against company against a mass housing developer for abuse of dominance (Condo developer)
Philippine Competition Commission (Quezon City)
The Enforcement Office of the Philippine Competition Commission (PCC) has filed a case against a mass housing developer for breaching the antitrust law by engaging in an exclusive internet service tie-up on its property in Tondo, Manila. In a Statement of Objections filed on March 27, the PCC (...)

The Canadian Competition Bureau releases its updated abuse of dominance enforcement guidelines
Canadian Competition Bureau (Gatineau)
The Competition Bureau released its updated Abuse of Dominance Enforcement Guidelines. The guidelines provide an overview of the Bureau’s approach to enforcing the abuse of dominance provisions of the Competition Act. In March 2018, the Bureau released a draft copy of the guidelines for public (...)

The Austrian Federal Competition Authority initiates investigation proceedings concerning discrimination against retailers in the internet (Amazon)
Austrian Competition Authority (Vienna)
After a first analysis, discussions with the European Commission (DG Competition) and the German Bundeskartellamt, the BWB has decided to initiate investigation proceedings concerning suspected infringements of Austrian and European Competition Law. The BWB will examine, whether Amazon abused (...)

Mergers

The French Competition Authority clears a merger subject to remedies in the magazines market (Mondadori / Reworld Media)
French Competition Authority (Paris)
Magazines* The Autorité de la concurrence clears, subject to conditions, the acquisition of Mondadori France (Biba, Grazia, Modes & Travaux) by Reworld Media (Marie France, Maison & Travaux, Auto Moto) Background Press group Reworld Media notified the Autorité of its planned (...)

The French Competition Authority clears a merger in the jewellery market (Mauboussin / Guérin Joaillerie / Galeries Lafayette / CFN)
French Competition Authority (Paris)
Jewellery industry* The Autorité clears the acquisitions of Mauboussin and Guérin Joaillerie by Galeries Lafayette and La Compagnie Financière Nemarq & Co Background The Autorité de la concurrence approves the acquisition of joint control by the group Galeries Lafayette and La Compagnie (...)

The EU Commission clears a merger subject to remedies in the telecommunication market (Vodafone / Liberty Global)
DG COMP (Brussels)
Mergers: Commission clears Vodafone’s acquisition of Liberty Global’s cable business in Czechia, Germany, Hungary and Romania, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the proposed acquisition by Vodafone of Liberty Global’s cable business in (...)

The EU Commission conditionally clears a merger in the cable network market in four countries (Vodafone / Liberty Global)
Van Bael & Bellis (Brussels)
On 18 July 2019, the European Commission (“Commission”) conditionally approved Vodafone’s acquisition of Liberty Global’s cable network business in four countries (Czechia, Germany, Hungary and Romania). In order to address competition concerns identified mainly in Germany regarding the ability of (...)

The Italian Competition Authority conditionally approves a banking merger upon a divestiture remedy (BPER / Unipol Banca)
Desogus Law Office (Cagliari)
In the BPER/Unipol Banca case the Italian Competition Authority (ICA) has conditionally authorized the acquisition of Unipol Banca Spa (UP) by BPER Banca Spa (BPER) . The ICA took the view that the proposed merger might restrain competition in many banking markets in the region of Sardinia (...)

The Croatian Competition Authority clears a merger in the liquified petroleum gas wholesale and retail market (Petrol / Crodux Plin)
Croatian Competition Agency (Zagreb)
CCA approved Petrol/Crodux Plin LPG part of business concentration* By implementing the concentration Petrol will acquire the Crodux Plin LPG part of the business, including the undertaking Adria-Plin that operates in the LPG retail at the regional level, at one point of sale in Split-Dalmatia (...)

The German Federal Cartel Office prohibits merger in the waste management sector (Duales System Holding / Remondis)
Van Bael & Bellis (Brussels)
On 11 July 2019, the German Federal Cartel Office (“FCO”) prohibited the proposed acquisition of Duales System Holding (“DSD”) by Remondis. The parties are active in the waste management industry in Germany. In Germany, the waste management industry is organised around the “Dual System”, which (...)

The EU Commission clears a merger subject to remedies in the pharmaceutical market (GlaxoSmithKline / Pfizer Consumer Health Business)
DG COMP (Brussels)
Mergers: Commission approves GlaxoSmithKline’s acquisition of Pfizer’s Consumer Health Business, subject to conditions* Commission has approved, under the EU Merger Regulation, the acquisition of Pfizer’s Consumer Health Business by GlaxoSmithKline. The decision is conditional upon the global (...)

The EU Commission clears a merger subject to remedies in the market for air transport of passengers (Flybe / Connect Airways)
DG COMP (Brussels)
Mergers: Commission approves the acquisition of Flybe by Connect Airways, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the acquisition of UK regional air carrier Flybe by Connect Airways, a consortium by Virgin Atlantic, Stobart Aviation and (...)

The German Competition Authority clears a merger in the paper wholesale market (Papyrus Deutschland / Papier Union)
German Competition Authority (Bonn)
Bundeskartellamt clears merger between the paper wholesalers Papyrus Deutschland and Papier Union* The Bundeskartellamt has cleared the acquisition of Papyrus Deutschland by Papier Union’s mother company, Inapa Group, in second phase proceedings. The wholesalers in paper, Papier Union and (...)

The EU Commission fines an imaging and optical products manufacturer €28 million for gun jumping (Canon / Toshiba Medical Systems)
LK Shields (Brussels)
European Commission fines Canon EUR 28 million for Gun Jumping* Canon, the Japanese imaging and optical products manufacturer, has been fined €28 million (US$ 31.8 million) for implementing its acquisition of Toshiba Medical Systems Corporation (TMSC), before it was approved by the Commission, (...)

The EU Commission fines a company €28 million for partial gun-jumping in the imaging and optical products market (Canon / Toshiba Medical Systems)
Gomez Acebo & Pombo (Brussels)
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Gomez Acebo & Pombo (Brussels)
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Gomez Acebo & Pombo (Brussels)
The European Commission has fined Canon, the Japan-based imaging and optical products company, €28 million for its failure to fully respect notification and standstill obligations in the acquisition of Toshiba Medical Systems Corporation (“TMSC”). EU merger rules require that merging companies (...)

The Polish Competition Authority conditionally clears merger between two cinema operators (Multikino / Cinema 3D)
Polish Competition Authority (Warsaw)
Conditional consent: Multikino - Cinema 3D* UOKiK gave consent to Multikino taking over Cinema 3D. The transaction may take place provided that the cinema of the acquired company will be sold in Galeria Morena in Gdańsk. The parties to the transaction are cinema operators. Multikino runs 32 (...)

The Polish Competition Authority clears merger subject to the resulting corporate group’s accepting to sell two fuel stations (BP Europa / Arge Paliwa / Arge Nieruchomości)
Polish Competition Authority (Warsaw)
Conditional approval for concentration: BP - Arge* The Office of Competition and Consumer Protection (UOKiK) issued an approval for acquisition, by BP Europa, of control over Arge Paliwa and Arge Nieruchomości. The Transaction may become effective under the condition that the acquiring company (...)

The Spanish Competition Commission clears a merger in the healthcare industry subject to extensive remedies (Quirón Group / Santa Cristina Clinic)
Spanish Competition Authority (Madrid)
The CNMC approves the Quirón Group’s acquisition, with a complete package of commitments, of the Santa Cristina Clinic in Albacete*The merger is approved following intense work in the second phase and a complete package of commitments, which was subjected to successive market tests with its (...)

The Polish Competition Authority conditionally clears merger between two companies in the chemical sector (ACP Europe / Eurocylinder)
Polish Competition Authority (Warsaw)
Condition for Air Products&Chemicals* Air Products&Chemicals are allowed to take ACP Europe and Eurocylinder over, but under certain conditions. Thus, prices of carbonated beverages will not increase. This is the first conditional decision UOKiK has made this year. The President of (...)

The Indian Competition Authority partially approves acquisition of logistics company’s shares by financial investment company (SVF Doorbell / Delhivery Private)
Vaish Associates, Advocates (New Delhi)
CCI partly approves acquisition of shareholding in Delhivery Private Ltd by SVF Doorbell* By way of order dated 21.02.2019, the Commission has approved the acquisition of 22.44% shares, as compulsory convertible preference shares, of the total share capital of Delhivery Private Ltd (“DPL”) by (...)

State Aid

The EU Commission approves, under State aid rules, Hellenic support for the development of ultrafast broadband network
DG COMP (Brussels)
State aid: Commission approves €300 million public support for the development of ultrafast broadband network in Greece* The European Commission has approved, under EU State aid rules, €300 million of public support for Greece’s Ultrafast Broadband Infrastructure Scheme. The scheme will bring (...)

The EU Commission approves, under State aid rules, Croatian support the construction and operation of a LNG terminal
DG COMP (Brussels)
State aid: Commission approves public support for Croatian LNG terminal at Krk island* The European Commission has found Croatian plans to support the construction and operation of a liquid natural gas (LNG) terminal at Krk island to be in line with EU State aid rules. The project will (...)

The EU Commission publishes a new State aid recovery notice
Antwerp University (UFSIA)
New EU State aid Recovery Notice strengthens Commission’s hand* On 22 July 2019, the European Commission published a new State aid Recovery Notice on its website (publication in the Official Journal of the European Union will follow). The new Notice replaces the Recovery Notice of 2007 which (...)

The EU General Court rejects an action for annulment against a decision authorising State aid in favour of a competitor in the air transport sector (Air France / Marseille Airport)
Van Bael & Bellis (Brussels)
On 11 July 2019, the General Court (“GC”) rejected an action for annulment brought by Air France against the European Commission (“Commission”) decision concerning State aid in favour of Marseille Provence Airport as inadmissible (Case T-894/16, Société Air France v. Commission). The judgment offers (...)

Procedures

The EU Commission consults stakeholders on guidance for national courts when handling disclosure information in proceedings for the private enforcement
DG COMP (Brussels)
Antitrust: Commission consults stakeholders on guidance for national courts when handling disclosure information* The European Commission is inviting comments on a draft communication to assist national courts in dealing with requests to disclose confidential information in proceedings for the (...)

The EU Court of Justice provides guidance on the interpretation of the place of the harmful event under Regulation Brussels I bis for the determination of alternative grounds of jurisdiction in pan-European cartel damages cases (Tibor-Trans / DAF Trucks)
CDC Cartel Damage Claims (Brussels)
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CDC Cartel Damage Claims (Brussels)
With its judgment of 29 July 2019 in Case C-451/18,Tibor-Trans (the ‘Judgment’), the EU Court of Justice (the ‘CJEU’) clarified the competence of national courts to hear damage actions relating to pan-European infringements of Art. 101 TFEU under Regulation 1215/2012 Brussels I bis (in short (...)

The High Court of Delhi holds that the absence of a judicial member does not invalidate proceeding and orders passed by the competition commission of India (Cadd)
Trilegal (Mumbai)
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Trilegal (Mumbai)
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Trilegal (Mumbai)
The Hon’ble High Court of Delhi (Delhi HC) recently held that orders passed and proceedings held by the Competition Commission of India (CCI) in the absence of a judicial Member cannot be invalidated. This decision of the Delhi HC abundantly clarifies that orders passed by the CCI in competition (...)

The EU Commission issues guidelines for national courts on how to calculate the pass-on of price overcharges related to infringements of EU antitrust rules
Callol, Coca & Asociados (Madrid)
The European Commission has issued guidelines for national courts on how to estimate the passing-on of overcharges to indirect purchasers of goods and services affected by infringements of Articles 101 and 102 TFEU. The guidelines have been issued pursuant to Article 16 of the Antitrust Damages (...)

The Turkish Competition Board fines fertiliser company for hindering on-site inspection (Ege Gübre Sanayii)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
On May 3rd, 2019 the Turkish Competition Board (“Board”) published its reasoned decision dated February 7th, 2019 and numbered 19-06/51-18 with respect to the hindering of the on-site inspection conducted in Ege Gübre Sanayii A.Ş. (“Ege Gübre”). The decision concerns the evaluation on whether Ege (...)

Regulatory

The German Competition Authority issues a report related to Common Understanding of G7 competition authorities on competition and the digital economy
German Competition Authority (Bonn)
Common Understanding on competition in the digital economy* The competition authorities of the G7 countries (Canada, France, Germany, Italy, Japan, United Kingdom, USA), together with the European Commission, have today presented the Common Understanding they have reached on the issues raised (...)

The Antitrust Division of the US Department of Justice publishes new policy that significantly enhances the importance of compliance programs
McDermott Will & Emery (Washington)
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McDermott Will & Emery (New York)
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McDermott Will & Emery (Washington)
THE LATEST: NEW DOJ ANTITRUST DIVISION POLICY MAKES COMPLIANCE PROGRAMS MORE CRITICAL THAN EVER* What Happened: Last week, the Antitrust Division reported that it has changed its Justice Manual to state that it will consider antitrust compliance at the charging stage in criminal antitrust (...)

The Antitrust Division of the US Department of Justice announces new policy to consider the existence of effective antitrust compliance programs at the charging stage of criminal antitrust investigations
Shearman & Sterling (New York)
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Shearman & Sterling (New York)
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Shearman & Sterling (Washington)
The Antitrust Division of the U.S. Department of Justice (Division) finally will consider the existence of effective antitrust compliance programs at the charging stage of criminal antitrust investigations, opening up the possibility that cartel participants could avoid prosecution even if they (...)

The Antitrust Division of the US Department of Justice announces criminal enforcement policy boosts value of antitrust compliance programs
Jones Day (San Francisco)
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Jones Day (San Francisco)
The U.S. Department of Justice Antitrust Division ("DOJ") recently announced significant revisions to its criminal enforcement policies regarding the value it places on a company’s pre-existing antitrust compliance program. Longstanding DOJ policy denied credit to companies at the charging stage (...)

The Italian Competition Authority issues with two others Italian authorities guidelines and recommendations related to policies for Big Data
Italian Competition Authority (Rome)
Big data: the guidelines and recommendations of policies shared by the three Authorities* The Italian Competition Authority, the Authority for the Communications Guarantees and the Authority for the protection of personal data have published the guidelines and recommendations of policies for (...)

The French Competition Authority announces that seven regulators publish a joint memo of their common approach to data-driven regulation
French Competition Authority (Paris)
Cooperation between regulators* Seven regulators publish the fruit of their common approach to data-driven regulation Data-driven regulation, an additional tool for regulators In this era of unceasing innovation, regulators rely more and more on the collection, utilisation and publication of (...)

The French Competition Authority issues an opinion diagnosing the state of competition in the French overseas territories
French Competition Authority (Paris)
Fighting the high cost of living in French overseas territories* The Autorité delivers a general diagnosis of competition in the French overseas territories. There have been positive developments since the 2009 opinion, particularly in the telecoms sector. However, consumer prices paid by the (...)

The Indonesian Competition Authority announces a reform of its organizational structure and procedural law
Dewi Negara Fachri & Partners (Jakarta)
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Dewi Negara Fachri & Partners (Jakarta)
On 1 July 2019 the Indonesian Competition Authority, Komisi Pengawas Persaingan Usaha (KPPU), reformed its organizational structure in order to gear up for a more efficient enforcement. As part of the organizational reform, KPPU established the Directorate of Economics, the Directorate of (...)

The Chinese State Administration for Market Regulation releases three sets of regulation to implement China’s Anti- Monopoly Law
Hogan Lovells (Beijing)
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Hogan Lovells (Beijing)
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Hogan Lovells (Shanghai)
On 1 July 2019, the State Administration for Market Regulation (SAMR) made public three sets of regulations to implement China’s Anti- Monopoly Law (AML): the Interim Regulation Prohibiting Monopoly Agreements; the Interim Regulation Prohibiting Conduct Abusing Dominant Market Positions; and the (...)

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