August 2019

General antitrust

 The Canadian Competition Authority releases the results of its study on competition in the country’s broadband industry and continues advocacy on telecom competition and regulation
Fasken Martineau DuMoulin (Ottawa)
Canada 9 contributions 190 visits
The competitiveness and reach of Canadian wireline and wireless services are critical to the economic prosperity and social inclusion of Canadians. It is not surprising therefore that the Canadian Competition Bureau identified telecommunications as a priority area in its 2019-2020 Annual Plan. (...)

Anticompetitive practices

 The Australian Competition Authority starts proceedings in the Federal Court against a steel manufacturer and a general manager for alleged cartel conduct (BlueScope)
Bird & Bird (Sydney)
Australia 21 contributions 2521 visits
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Bird & Bird (Sydney)
Australia 28 contributions 3526 visits
In August 2019, Australia’s competition regulator, the Australian Competition and Consumer Commission ("ACCC") commenced proceedings in the Federal Court of Australia against BlueScope Steel Limited ("BlueScope") and its former General Manager of Sales and Marketing, Mr Jason Ellis, for (...)

The Danish Competition Authority announces that three demolition companies and their managers paid fines for bid-rigging in settlement agreements with the Danish State Prosecutor for Serious Economic and International Crime (G. Tscherning / Villy C. Petersen / Brandis)
Danish Competition and Consumer Authority (Copenhagen)
Denmark 133 contributions 36524 visits
Denmark: Demolitions companies and management members pay fines in settlement agreements for bid rigging* Three demolition companies and three management members have entered into settlement agreements with the Danish State Prosecutor for Serious Economic and International Crime for (...)

The Finnish Supreme Administrative Court rules on the scope of legally privileged material and finds that a memorandum found during a dawn raid contained a clear reference to external legal advice in the subject matter under investigation (Matkahuolto)
Hannes Snellman (Helsinki)
Finland 23 contributions 3096 visits
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Bird & Bird (Helsinki)
Finland 14 contributions 1146 visits
The Finnish Competition and Consumer Authority ("FCCA") had, during a dawn raid at a company’s premises, seized a memorandum drafted by this company which, among other things, referred to the legal advice provided to the company by an external attorney. The FCCA argued that as the internal (...)

The Swiss Competition Authority fines a manufacturer of sports products for vertical price fixing with dealers (Stöckli)
Lenz & Staehelin (Zurich)
Switzerland 11 contributions 2575 visits
Introduction The Swiss Competition Commission (“ComCo”) fined Stöckli Swiss Sports (“Stöckli”), a Swiss manufacturer of Skis and other sport products, for vertical price fixing with its dealers with CHF 140’000. The fine was rather low, as Stöckli had filed a leniency application, albeit (...)

The Spanish Competition Authority carries out dawn raids and decides to extend the proceedings against 11 other companies and two individuals in the consulting services market (KPMG / Everis / inter alia / Deloitte / PwC...)
Bird & Bird (Madrid)
Spain 29 contributions 4821 visits
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Ecija & Asociados (Madrid)
Spain 20 contributions 2240 visits
On 6 February 2019, the Spanish Competition Authority ("CNMC") opened formal proceedings against 25 consultancy companies — including, inter alia, Deloitte, PwC, and Indra — and eight individuals. This investigation was initiated in January 2017 by the Regional Competition Authority in the (...)

The Indian Competition Authority fines 51 LPG manufacturers for cartelization in withdrawing bids but does not rise the judgment to bid-rigging (Hindustan Petroleum Corporation)
Vaish Associates Advocates (New Delhi)
India 263 contributions 43261 visits
CCI Imposes Penalty on LPG Gas manufacturers for Cartelization in Bidding Process in tenders floated by HPCL IN 2011* By way of order dated 09.08.2019, the Competition Commission of India (“CCI/Commission”) has imposed penalty on 51 LPG manufacturers for collectively withdrawing their bids (...)

The US DoJ holds a workshop addressing labour competition issues including "no-poach" agreements between companies
Baker Botts (Houston)
United States 1 contribution 140 visits
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Baker Botts (Houston)
United States 1 contribution 140 visits
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Baker Botts (Houston)
United States 1 contribution 140 visits
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A senior Department of Justice (DOJ) official recently remarked that the number of "no-poach" agreements between companies — which can include agreements not to solicit or hire a competitor’s employees — in apparent contradiction of DOJ and Federal Trade Commission (FTC) guidance was (...)

The Australian Competition Authority starts an inquiry focusing on the practices and roles of investments funds in the water trading market (Murray-Darling Basin)
Herbert Smith Freehills (Melbourne)
Australia 7 contributions 808 visits
The Australian Competition and Consumer Commission (ACCC) has recently commenced an inquiry into the water trading market in the Murray-Darling Basin. IN BRIEF The ACCC has commenced an inquiry into the tradeable water rights market in the Murray-Darling Basin at the direction of the Federal (...)

The EU Commission sends a statement of objection to operators of mobile telephony regarding their network sharing agreement in the Czech market (O2 / CETIN / T-Mobile)
European Commission - DG COMP (Brussels)
Belgium 1368 contributions 2945645 visits
Antitrust: Commission sends Statement of Objections to O2 CZ, CETIN and T-Mobile CZ for their network sharing agreement* The European Commission has informed Czech operators of mobile telephony O2 CZ and T-Mobile CZ, as well as the Czech telecom infrastructure provider CETIN of its (...)

The EU Commission issues a statement of objections regarding network sharing in the 2G/3G/4G technologies but misses an opportunity to provide guidance on future 5G network sharing agreements (O2 / CETIN / T-Mobile)
Geradin Partners (Brussels)
France 20 contributions 39234 visits
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Centre for IT & IP Law (CiTiP) (KU Leuven) (Leuven)
Belgium 3 contributions 3825 visits
Network Sharing and EU Competition Law in the 5G Era: A Case of Policy Mismatch* Instead of working towards adopting a clear analytical framework for the assessment of NSAs under EU competition law, the Commission decided to launch proceedings in October 2016 and issue a Statement of (...)

The Danish Competition Authority informs that an association of camera distributors accepts fine for price coordination and information exchange (Team DS)
Danish Competition and Consumer Authority (Copenhagen)
Denmark 133 contributions 36524 visits
Denmark: ”Team DS a.m.b.a., Denmark, accepts fine for price coordination and information exchange”* On 6 August 2019, the Danish association of camera distributors Team DS a.m.b.a. accepted to pay a fine of DKK 1,300,000 (€ 174,300) for coordination of prices and information exchange between (...)

The Danish Competition Authority fines an association for photo dealers for illegal price coordination and exchange of information (Team DS)
Bird & Bird (Copenhagen)
Denmark 36 contributions 8358 visits
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Bird & Bird (Copenhagen)
Denmark 23 contributions 2640 visits
The Danish purchasing association for photo dealers, Team DS, has accepted a fine consisting of DKK 1.3 million for infringing the Danish Competition Act by coordinating prices and illegal information exchange. In addition to the imposition of a fine on the association itself, a fine of DKK (...)

The US DoJ urges a Washington State District Court to analyse no-poach agreements between vertically related firms under the rule of reason
Crowell & Moring (Washington)
United States 17 contributions 2616 visits
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Truss Faber (Washington)
United States 1 contribution 34 visits
On Thursday, March 7, the Antitrust Division intervened in three antitrust class actions to urge the court that no-poach agreements between vertically related firms, such as between franchisor and franchisee, should be analyzed under the rule of reason, which weighs the procompetitive benefits (...)

The Australian Federal Court imposes a large fine on a Japanese shipping company for engaging in price fixing (Kawasaki Kisen Kaisha)
Bird & Bird (Sydney)
Australia 21 contributions 2521 visits
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Bird & Bird (Sydney)
Australia 28 contributions 3526 visits
On 2 August 2019, the Federal Court of Australia imposed its largest ever fine on Japanese shipping company, Kawasaki Kisen Kaisha Ltd (K-Line), for engaging in price fixing as part of an illegal criminal cartel with a number of other shipping companies between 2009 and 2012. The fine of (...)

The Indian Competition Authority fines three vendors bid-rigging in the market for geo-enabled census of trees and concludes that the tender organizer failed to detect cartelization (Nagrik Chetna Manch / SAAR / CADD / Pentacle / Pune)
Vaish Associates Advocates (New Delhi)
India 263 contributions 43261 visits
CCI imposes penalty for collusive bidding in tender floated by Pune Municipal Corporation* By way of order dated 02.08.2019, CCI has fined SAAR IT Resources Pvt. Ltd (“SAAR”), CADD Systems and Services Pvt. Ltd(“CADD”) and Pentacle Consultants (I) Pvt. Ltd (“Pentacle”) for collusive bidding (...)

The Australian Federal Court imposes a record fine on a shipping company guilty of cartel conduct due to the length, serious nature, and economic importance of the market (Kawasaki Kisen Kaisha)
Herbert Smith Freehills (Melbourne)
Australia 1 contribution 122 visits
Kawasaki Kisen Kaisha Ltd (K-Line) has received the largest criminal fine imposed under the Competition and Consumer Act, after pleading guilty to criminal cartel conduct in 2018. Justice Wigney of the Federal Court stated that the penalty “should send a powerful message to multinational (...)

The Australian Federal Court orders a transportation company to pay a $34.5 million fine for criminal cartel conduct in the supplies of shipping services market (Kawasaki Kisen Kaisha)
Ashurst (Sydney)
United States 17 contributions 2435 visits
On 2 August 2019, Kawasaki Kisen Kaisha Ltd ("K-Line") was ordered by the Federal Court of Australia to pay a $34.5 million fine for criminal cartel conduct occurring between July 2009 and September 2012. K-Line’s fine is the largest ever criminal penalty to be handed down for contraventions (...)

The Indian Competition Authority fines companies for bid-rigging in a tender for a tree census provider (Nagrik Chetna Manch / SAAR / CADD / Pentacle / Pune)
Trilegal (Mumbai)
India 8 contributions 6463 visits
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Trilegal (Bangalore)
India 5 contributions 3707 visits
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Karkinos Healthcare (Mumbai)
8 contributions 6463 visits
The Competition Commission of India (CCI) recently found that SAAR IT Resources Private Limited (OP 1), CADD Systems and Services Private Limited (OP 2) and Pentacle Consultants (I) Private Limited (OP 3), collusively manipulated the process of bidding, by rigging the bids for the tender (...)

The Portuguese Competition Authority imposes the highest fines ever applied for a cartel in the financial sector (Lusitania / Zurich)
Portuguese Competition Authority (Lisbon)
Portugal 119 contributions 30260 visits
The first cartel sanctioned by the AdC in the Portuguese financial sector has the highest fines ever applied* The AdC applied a fine totalling more than €54 million on insurance companies, board members and directors involved in the “insurer cartel”. The proceedings is now concluded with the (...)

The Portuguese Competition Authority imposes a record fine of €54 million for a cartel in the markets for insuring workplace accidents, health, and cars (Lusitania / Zürich)
Van Bael & Bellis (Brussels)
Belgium 391 contributions 95491 visits
On 1 August 2019, the Portuguese competition authority (Autoridade da Concorrência, “AdC”) published a press release in which it announced that it had imposed total fines of € 42 million on two insurance companies (Lusitania and Zürich), two board members and two directors for, inter alia, (...)

The Chinese Supreme Court creates a presumption of unlawfulness in retail price maintenance cases (Yutai)
Jones Day (Shanghai)
China 51 contributions 24156 visits
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Jones Day (Beijing)
China 44 contributions 21132 visits
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Jones Day (Beijing)
China 13 contributions 2702 visits
In its first resale price maintenance (“RPM”) ruling since the passage of its Anti-Monopoly Law, China’s highest court held that Chinese antitrust enforcement agencies do not have to prove that RPM has an anticompetitive effect before issuing fines for RPM. RPM, also known as vertical price (...)

The UK Competition Authority imposes a record-breaking £3.7M fine on a digital piano supplier for online resale price maintenance (Casio)
Van Bael & Bellis (Brussels)
Belgium 175 contributions 58689 visits
According to a press release issued on 1 August 2019, the Competition and Markets Authority (“CMA”) imposed a fine of £ 3.7 million (approximately € 4.1 million) on piano supplier Casio Electronics (“Casio”) for online resale price maintenance (RPM). Between the years 2013 and 2018, Casio (...)

The Australian Parliament passes a repeal of subsection 51(3) of the Competition and Consumer Act 2010
Jones Day (Sydney)
Australia 1 contribution 169 visits
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Jones Day (Sydney)
Australia 10 contributions 2169 visits
Both houses of the Australian Parliament have passed a repeal of subsection 51(3) of the Competition and Consumer Act 2010 (Cth) ("CCA"). Following the repeal, owners of intellectual property rights in Australia must comply with certain competition rules from which they previously enjoyed an (...)

Unilateral Practices

 The Cyprus Competition Authority fines an undertaking for abusing its dominant position in the market of producing and presenting theatrical performances (CPC / THOC)
Trojan Economics (Nicosia)
Cyprus 11 contributions 2291 visits
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ServPRO Accountants & Consultants (Nicosia)
9 contributions 1633 visits
Introduction On 27th August 2019 the Cyprus Commission for the Protection of Competition (“CPC”) issued a decision imposing a fine of €342,221.35 to the Cyprus Theatre Organisation (“THOC”) for a violation of Section 6(1) of the Protection of Competition Law (Law 13(I)/2008), as amended (...)

The Dusseldorf Higher Regional Court quashes the Competition Authority’s findings that a social network abused its dominant position by improperly combining user data that it has collected from various sources (Facebook)
Hausfeld (Berlin)
Germany 9 contributions 2911 visits
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Hausfeld (Berlin)
Germany 7 contributions 2006 visits
As previously reported in this Bulletin, on 6 February 2019, the German Bundeskartellamt (Federal Cartel Office – “FCO”) found that Facebook abused its dominance by improperly combining user data that it collected from various sources. As a remedy, the FCO imposed far-reaching restrictions on (...)

The Düsseldorf Higher Regional Court grants a temporary injunction suspending the German Competition Authority’s landmark abuse of dominance decision against social network company pending the final determination of appeal (Facebook)
Herbert Smith Freehills (Düsseldorf)
Germany 23 contributions 6091 visits
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Herbert Smith Freehills (Brussels)
Belgium 121 contributions 74432 visits
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Herbert Smith Freehills (London)
United Kingdom 15 contributions 4678 visits
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On 26 August 2019, the Düsseldorf Higher Regional Court (DHRC) granted a temporary injunction suspending the German Federal Cartel Office’s (FCO’s) landmark abuse of dominance decision against Facebook, pending final determination of the company’s appeal. In an important judgment with (...)

The Mexican Competition Authority fines an airport for refusal to deal in the market for federal land transportation (Cancun Airport)
Mexican Competition Authority (Mexico City)
Mexico 140 contributions 30557 visits
COFECE sanctions the Cancun Airport for refusal to deal in the market for federal land transportation* The Cancun International Airport conducted a set of actions to prevent new participants from providing services, as the only agent that can rent and grant spaces for taxi access. • The (...)

The UK Competition Authority invites interested parties to comment on its intention to accept commitments over an agreement that allegedly prevented the entry of a competing version in the drug fludrocortisone market (Aspen)
KPN (Amsterdam)
Netherlands 33 contributions 7401 visits
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Bird & Bird (London)
United Kingdom 28 contributions 3670 visits
On 14 August 2019 the Competition & Market Authority ("CMA") invited interested parties to comment on its intention to accept commitments from Aspen over an agreement that allegedly prevented the entry of a competing version of the drug fludrocortisone in the UK. The CMA suspected Aspen (...)

The Mauritian Competition Authority orders two multinational financial companies to reduce their banking interchange fees in order to promote competition (Visa / MasterCard)
ICC FraudNet (Johannesburg)
South Africa 7 contributions 4058 visits
Mauritius: Competition Commission orders VISA and MasterCard to lower interchange fees* On 13 August 2019, the Competition Commission of Mauritius (CCM) has, following a lengthy investigation, ordered VISA and MasterCard (Respondents) to reduce their banking interchange fees from 1% to 0,5%. (...)

The Indian Competition Authority orders an investigation into a multinational technology company with the aim of protecting micro-processors importers from the company’s discriminatory practices (Intel)
JSA (Mumbai)
India 2 contributions 1155 visits
On 9th August 2019, the Competition Commission of India directed the Director General to carry out investigations against Intel Corporation for allegedly violating Section 3 and 4 of the Indian Competition Act, 2002 (the ‘Act’). The case in hand was filed by Matrix Info Systems Pvt. Ltd. (...)

The Indian Competition Authority fines real estate company for abuse of dominance by imposing one-sided clauses in contracts in the market for sale of independent villas (Jaiprakash Associates)
Vaish Associates Advocates (New Delhi)
India 263 contributions 43261 visits
CCI fines Jai Prakash Associates for abusing its dominant position in the market for sale of independent villas in Integrated Townships in the territory of Noida and Greater Noida* CCI, imposed a penalty of INR 13.82 Crores on Jai Prakash Associates (“JPA”) for abusing its dominant position (...)

The Indian Competition Authority opens an investigation into abuse of dominance by a microprocessor manufacturer for having a more restrictive warranty policy in India than in the rest of the world (Intel)
Vaish Associates Advocates (New Delhi)
India 263 contributions 43261 visits
CCI directs investigation into India specific warranty policy of Intel finding it potentially abusive of dominance* By way of order dated 09.08.2019, CCI has directed the Director General (DG) to undertake investigation with respect to Intel’s India specific warranty policy in regard to its (...)

The Indian Competition Authority dismisses abuse of dominance allegations because a "termination of convenience" clause meets either the "good faith" or "change in circumstances" test (Oil and Natural Gas Corporation)
Vaish Associates Advocates (New Delhi)
India 263 contributions 43261 visits
By way of order dated 02.08.2019, CCI dismissed allegations of abuse of dominant position by Oil and Natural Gas Corporation Limited (“ONGC”) in the market for charter hire of Offshore Support Vehicles (OSVs) in the Indian Exclusive Economic Zone (EEZ), after a thorough investigation by the (...)

Mergers

 Clearance: The French Competition Authority authorises the sale by a mobile telephone operator of exclusive control over its mobile phone equipment hosting infrastructure sites to an operator of telecommunications and broadcasting infrastructure (Iliad 7 / Cellnex)
International Chamber of Commerce (Paris)
France 37 contributions 9547 visits
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Hogan Lovells (Paris)
France 15 contributions 8264 visits
On 30 August 2019, the French Competition Authority (’FCA’) approved Cellnex’s acquisition of a 70% stake in Iliad 7, a subsidiary of Iliad (controlled by Mr. Xavier Niel). Iliad 7 owns all the mobile telecommunication hosting sites previously controlled by Free Mobile, a French mobile network (...)

The French Competition Authority clears the acquisition of a company in the telecommunication sector (Iliad 7 / Cellnex)
French Competition Authority (Paris)
France 748 contributions 411300 visits
The Autorité de la concurrence clears the acquisition of Iliad 7 by Cellnex* By this transaction, Iliad (Free) sells all the towers of its mobile network to the Spanish company Cellnex, which, from now on, will rent them to Iliad. On 8 August 2019, Cellnex notified the Autorité of its plan (...)

The Dutch Competition Authority conditionally clears the acquisition of a distributor of educational materials by a publisher (Iddink / Sanoma Learning)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 212 contributions 36845 visits
ACM conditionally clears acquisition of Iddink Group by Sanoma Learning* Publisher Sanoma Learning is allowed to acquire Iddink Group, a distributor of educational materials. Iddink Group also owns Magister, a learning management system (LMS) that many secondary schools in the Netherlands (...)

The Turkish Competition Authority approves a merger focusing its analysis on whether the two State-owned undertakings belong to the same economic unit and whether competition in the relevant product markets takes place on a global level due to their import-oriented nature (Sabic / Saudi Aramco)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 173 contributions 84424 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 24 contributions 4940 visits
This case summary concerns an analysis of the Turkish Competition Board’s (“Board”) Saudi Aramco/Sabic decision, in which the Board focused on whether the two state-owned undertakings belonged to the same economic unit, while also analysing whether competition in the relevant product markets (...)

The French Competition Authority clears a merger in the men’s clothing and footwear retail markets (SMCP / De Fursac)
French Competition Authority (Paris)
France 748 contributions 411300 visits
Clothing and shoes* The Autorité de la concurrence clears the acquisition of the group De Fursac by the group SMCP (Sandro, Maje, Claudie Pierlot) On 24 July 2019, the group SMCP (Sandro, Maje, Claudie Pierlot brands) notified the Autorité de la concurrence of its plan to take over the (...)

The French Competition Authority clears a merger on the market for the transfer of professional players, which had never been defined before by decision-making practice (Ineos / OGC Nice)
French Competition Authority (Paris)
France 748 contributions 411300 visits
Professional football* The Autorité de la concurrence clears the acquisition of OGC Nice by Ineos On 22 July 2019, Ineos notified the Autorité de la concurrence of its plan to acquire control of SASP Olympique Gymnaste Club de Nice Côte d’Azur, which manages the OGC Nice football club. By (...)

The US DoJ leaves the door open to offering proof that harm to innovation in the market for airline bookings is separate and independent basis to block a merger (Sabre / Farelogix)
Orrick, Herrington & Sutcliffe (Washington)
United States 7 contributions 3029 visits
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Orrick, Herrington & Sutcliffe (Washington)
United States 10 contributions 9918 visits
In its recent complaint challenging the $360 million acquisition of Farelogix by Sabre, the Department of Justice (“DOJ”) appears to have left the door open to offering proof that harm to innovation in the market for airline bookings is a separate and independent basis to block the merger. (...)

The Canadian Competition Tribunal reaches a settlement with a US based private equity company on divestiture of the reserves software supplier to oil and gas producers in order to prevent substantial lessening of competition in the market for reserves software for oil and gas producers in Canada (Thoma Bravo / Aucerna)
Fasken Martineau DuMoulin (Ottawa)
Canada 9 contributions 14890 visits
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Fasken Martineau DuMoulin (Toronto)
Canada 26 contributions 642 visits
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Fasken Martineau DuMoulin (Toronto)
Canada 11 contributions 1263 visits
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In recent years, competition/antitrust enforcers around the world, including Canada, have taken a marked interest in private equity deals. As part of a broader global trend of tougher merger enforcement, private equity firms that have taken ownership positions (controlling or minority) in (...)

The Dutch Competition Authority needs further investigation into the merger of two health care providers (Stichting Omring / Stichting Vrijwaard)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 212 contributions 36845 visits
Further investigation needed into merger between providers of nursing home care in city of Den Helder* Two health care providers, Stichting Omring and Stichting Vrijwaard, in the northern Dutch city of Den Helder wish to merge. They have informed the Netherlands Authority for Consumers and (...)

The Indian Competition Authority clears merger of health insurers (Apollo Munich / HDFC ERGO)
Shardul Amarchand Mangaldas (New Delhi)
India 63 contributions 18889 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 66 contributions 20943 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 66 contributions 19848 visits
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The CCI cleared the proposed merger of health insurer Apollo Munich Health Insurance Company (Apollo Munich) into HDFC ERGO General Insurance Company (HDFC ERGO). HDFC ERGO is a joint venture between HDFC and ERGO International AG. The CCI found that Apollo Munich and the HDFC Group overlapped (...)

The UK Competition Authority raises competition concerns regarding a merger in the markets of supply of IT systems used by airlines and travel agents to sell airline tickets (Sabre / Farelogix)
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105170 visits
Sabre’s takeover of Farelogix raises competition concerns* Sabre’s proposed takeover of Farelogix raises competition concerns in the supply of IT systems used by airlines and travel agents to sell airline tickets. The Competition and Markets Authority (CMA) has been investigating the (...)

The Estonian Competition Authority prohibits a merger between two travel agencies to retain a variety of choices for a minority group of consumers (Estravel Holding / Aktsiaselts Wris)
Cobalt Legal (Tallinn)
Estonia 11 contributions 283 visits
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Cobalt Legal (Tallinn)
Estonia 1 contribution 17 visits
The Estonian Competition Authority prohibits a merger on grounds of customer choice The Estonian Competition Authority (Authority) has prohibited a merger between two travel agencies due to worries that the merger would have resulted in the creation of a dominant position. The authority (...)

The Indian Government proposes to introduce an additional threshold test based on the deal size or the value of a transaction
Khaitan & Co (Mumbai)
India 6 contributions 1671 visits
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2 contributions 472 visits
Introduction “We are all now connected by the internet like neurons in a giant brain,” these were the words of renowned theoretical physicist, Stephen Hawking, and he couldn’t have said it better. In today’s digital age, internet and technology have permeated every sphere of one’s life. Be (...)

The Indian Competition Authority issues regulatory changes to the merger notification procedure
Shardul Amarchand Mangaldas (New Delhi)
India 63 contributions 18889 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 66 contributions 20943 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 66 contributions 19848 visits
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In a welcome move, on 13 August 2019, amendments to the Combination Regulations were published in The Gazette of India. With effect from 15 August 2019 (India’s Independence Day), parties to notifiable acquisitions, mergers and amalgamations (collectively referred to as “combinations”) will, (...)

The Indian Competition Authority releases amendments to its regulations, introducing a green channel mechanism for mergers and acquisitions
Gujarat National Law University (Gandhinagar)
India 1 contribution 449 visits
As part of the scheme of the Ease of Doing Business in India, CCI was finally able to mature its 7th set of amendment (amendment regulations 2019) to the Competition Commission of India (procedure in regard to the transaction of business relating to combinations) regulations, 2011. The new set (...)

The French Competition Authority conditionally clears the creation of a joint venture TV platform by three television channels (TF1 / France Télévisions / Métropole Télévision)
French Competition Authority (Paris)
France 748 contributions 411300 visits
Pay Television Sector* The Autorité de la concurrence clears, subject to conditions, the creation of the Salto platform by TF1, France Télévisions and Métropole Télévision (M6) Background Following a referral decision by the European Commission, TF1, France Télévisions and Métropole (...)

The EU Commission opens an in-depth investigation regarding a merger in the supply of fuels market (PKN Orlen / Lotos)
European Commission - DG COMP (Brussels)
Belgium 1368 contributions 2945645 visits
Mergers: Commission opens in-depth investigation into PKN Orlen’s proposed acquisition of Lotos* The European Commission has opened an in-depth investigation to assess the proposed acquisition of Lotos by PKN Orlen, under the EU Merger Regulation. The Commission is concerned that the merger (...)

The Turkish Competition Authority evaluates four stand-alone transactions in the construction sector after receiving a complaint and concludes that the transactions are not subject to approval given that the jurisdictional turnover thresholds are not met (Akdağ Beton / Şenerler Beton / Saray Beton / Sarıkaya Beton / Üç Yıldırım)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 173 contributions 84424 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 22 contributions 5718 visits
This case summary concerns an analysis of the Board’s Akdağ Beton/Şenerler Beton/Saray Beton/Sarıkaya Beton/Üç Yıldırım decision, based on an investigation initiated due to a complaint filed with the Turkish Competition Authority against certain ready-mixed concrete companies that were active (...)

The UK Competition Authority publishes an unwinding order for the reversal of integration steps in a completed merger of financial service firms(Bottomline / Experian Payments Gateway)
Herbert Smith Freehills (London)
United Kingdom 26 contributions 8830 visits
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Herbert Smith Freehills (London)
United Kingdom 15 contributions 4678 visits
On 6 August 2019 the UK Competition and Markets Authority (CMA) published an unwinding order requiring the reversal of post-completion integration steps taken in the completed acquisition by Bottomline Technologies Limited (Bottomline UK) of Experian Limited’s Experian Payments Gateway (...)

The UK Competition Authority imposes an ‘Unwinding Order’ for the reversal of a completed merger of financial service firms (Bottomline Technologies / Experian)
Dechert (London)
United Kingdom 6 contributions 2113 visits
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Dechert (London)
United Kingdom 9 contributions 3377 visits
On 6 August 2019, the UK’s Competition and Markets Authority (the “CMA”) imposed an ‘Unwinding Order’ on a U.S. company, Bottomline Technologies (de), Inc (“Bottomline”), active in the business payment automation technology space, and its UK subsidiary (“Bottomline UK”), in connection with its (...)

State Aid

 The EU Commission finds that the marketing agreements concluded between a local Association for the promotion of touristic and economic flows and an airline company are illegal under EU State aid rules (Ryanair / Montpellier airport)
European Commission - DG COMP (Brussels)
Belgium 1368 contributions 2945645 visits
State aid: France to recover €8.5 million of illegal aid to Ryanair at Montpellier airport* The European Commission has found that the marketing agreements concluded between the local Association for the Promotion of Touristic and Economic Flows (APFTE) and Ryanair at the airport of (...)

Procedures

 The Higher Regional Court of Düsseldorf suspends the decision of the German Competition Authority which prevented data-gathering practices from a social network company (Facebook)
Ashurst (Frankfurt)
Germany 15 contributions 4268 visits
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Ashurst (London)
United Kingdom 2 contributions 780 visits
On 26 August 2019, the Higher Regional Court in Düsseldorf suspended the German Federal Cartel Office’s (’FCO’ or Bundeskartellamt) decision to prevent Facebook from combining user data from various sources such as Facebook, Instagram, WhatsApp and unrelated sites that use Facebook analytics (...)

The Higher Regional Court of Düsseldorf suspends the effect of the Competition Authority’s decision after receiving a complaint questioning the finding of an abuse of dominance in the social network market (Facebook)
Bird & Bird (Dusseldorf)
Germany 21 contributions 2650 visits
On 26 August 2019, the Higher Regional Court of Düsseldorf (“Court”) suspended the effect of the Facebook decision of the German Federal Cartel Office (“FCO”) after a complaint by Facebook questioning in particular the FCO’s finding of an abuse of a dominant market position by Facebook. (...)

The Higher Regional Court of Düsseldorf grants a social network company the suspensive effect to an appeal in an interim decision (Facebook)
Hunton Andrews Kurth (Brussels)
Belgium 1 contribution 2343 visits
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Cleary Gottlieb Steen & Hamilton (Frankfurt)
Germany 1 contribution 2343 visits
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White & Case (Düsseldorf)
Germany 3 contributions 2556 visits
In February of this year the German antitrust agency, the Federal Cartel Office, issued a decision against Facebook regarding their handling of user data. Facebook appealed and on August 26, 2019, the Düsseldorf Court of Appeal in an interim decision granted suspensive effect to Facebook’s (...)

The Higher Regional Court of Düsseldorf suspends an order of the Competition Authority after the world’s biggest social network appeals an abuse of dominance decision (Facebook)
Van Bael & Bellis (Brussels)
Belgium 191 contributions 67220 visits
On 26 August 2019, the Higher Regional Court of Düsseldorf (the “Court”) granted Facebook’s request for an injunction against the immediate application of measures imposed by the German Federal Cartel Office (the “FCO”) arising from the FCO’s finding in February 2019 that Facebook abused its (...)

The Higher Regional Court of Düsseldorf orders suspensive effect of a social network company’s appeal against the Competition Commission’s decision which prevented data-gathering practices (Facebook)
Van Bael & Bellis (Brussels)
Belgium 33 contributions 4392 visits
On 26 August 2019, the Higher Regional Court of Düsseldorf (the “Court”) granted Facebook’s request for an injunction against the immediate application of measures imposed by the German Federal Cartel Office (the “FCO”) arising from the FCO’s finding in February 2019 that Facebook abused its (...)

The Higher Regional Court of Düsseldorf suspends an order of the German Competition Authority on alleged abuse of dominance by a major social network (Facebook)
Baker Botts (London)
United Kingdom 9 contributions 2543 visits
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Baker Botts (Washington)
United States 22 contributions 19338 visits
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Baker Botts (Brussels)
Belgium 28 contributions 21629 visits
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On 26 August 2019, a German appeal court suspended an order of the German competition authority (the “FCO”) which had found that Facebook’s data processing practices in Germany constituted an abuse of dominance in breach of German antitrust rules (the “decision”). Expressing serious doubts as (...)

The US Court of Appeals for the Seventh Circuit clarifies the means by which the FTC can exercice its enforcement authority without being able to seek any restitution thereafter (Credit Bureau)
Morgan Lewis (Boston)
United States 1 contribution 485 visits
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Morgan Lewis (Philadelphia)
United States 3 contributions 787 visits
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Morgan Lewis (Boston)
United States 4 contributions 1099 visits
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Background In the Credit Bureau Center case, the FTC sued a company and its owner for advertising “free” credit reports without adequately disclosing that consumers would be enrolled in an expensive credit monitoring service on an ongoing basis. The FTC brought its lawsuit under Section (...)

The US Court of Appeals for the Seventh Circuit denies the FTC’s authority to seek restitution (Credit Bureau)
Jones Day (Washington)
United States 17 contributions 14295 visits
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Jones Day (Chicago)
United States 10 contributions 1968 visits
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Jones Day (Chicago)
United States 11 contributions 1570 visits
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In Short The Situation: Overruling its precedent, the United States Court of Appeals for the Seventh Circuit held that the Federal Trade Commission ("FTC") may not seek restitution under FTC Act Section 13(b) because the statute, which permits the FTC to obtain injunctions, does not (...)

The Chinese Supreme Court clarifies its stance on arbitration clauses and states that the jurisdiction of courts over antitrust civil disputes cannot be excluded (Shell China / Huili)
AnJie Broad Law (Beijing)
China 44 contributions 12639 visits
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AnJie Broad Law (Beijing)
China 15 contributions 1950 visits
China’s supreme court enunciated the non-arbitrability of antitrust civil disputes* For a few years, the topic of whether antitrust civil disputes could be arbitrable had been hotly debated in China. There were few precedents in connection with this issue for people to better understand what (...)

The US Court of Appeals of the Eleventh Circuit rejects an undertaking’s attempt to assert state-action immunity from antitrust liability in the water services and natural gas distribution sector (City of LaGrange)
Bona Law (San Diego)
United States 14 contributions 6389 visits
ANTITRUST NEWS: THE ELEVENTH CIRCUIT AGREES THAT THE SUPREME COURT’S PHOEBE PUTNEY DECISION REALLY DID CHANGE THE STATE-ACTION-IMMUNITY TEST FROM THE EARLIER HALLIE AND OMNI DECISIONS* The Eleventh Circuit recently rejected the City of LaGrange’s attempt to assert state-action immunity from (...)

The US Court of Appeals for the DC Circuit affirms the denial of class certification for failing to satisfy the requirement for predominance (In re Rail Freight Fuel Surcharge Antitrust Litigation)
Paul Weiss (New York)
United States 3 contributions 210 visits
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Paul Weiss (Washington)
United States 3 contributions 210 visits
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George Mason University - Antonin Scalia Law School (Arlington)
United States 5 contributions 526 visits
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This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On August 16, 2019, the United States Court of Appeals for the District of Columbia Circuit affirmed the denial of class certification in In re Rail Freight (...)

Regulatory

 The Australian Federal Parliament removes the exception in the national Competition Law Act in relation to intellectual property rights
Ashurst (Melbourne)
Australia 1 contribution 78 visits
The federal Parliament has removed the exception in the Competition and Consumer Act 2010 (Cth) (CCA) in relation to intellectual property rights. These dealings are now subject to the prohibitions against cartel conduct and anti-competitive conduct. The repeal applies to dealings entered (...)

The Japanese FTC puts out a call for comments on new guidelines that will define the Authority’s approach to abuse of superior bargaining position infringements for transactions between digital platforms and consumers
White & Case (Tokyo)
Japan 21 contributions 3505 visits
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White & Case (Tokyo)
Japan 20 contributions 3405 visits
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White & Case (Tokyo)
Japan 21 contributions 3505 visits
On August 29, 2019, the Japan Fair Trade Commission ("JFTC") published a draft of new "Guidelines Concerning Abuse of a Superior Bargaining Position in Transactions between Digital Platform Operators and Consumers that Provide Personal Information, etc." ("New Guidelines") to seek comments (...)

The Dutch Competition Authority publishes a discussion paper suggesting ex-ante enforcement tools to deal with competition issues in the digital economy
Bird & Bird (The Hague)
Netherlands 34 contributions 8968 visits
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KPN (Amsterdam)
Netherlands 33 contributions 7401 visits
In May 2019 the Dutch State Secretary of Economic Affairs & Climate (’Ministry’) stated that she will plead in Europe for a new competence in European competition enforcement to keep digital markets accessible. One of her suggestions is to enable the competition authority to intervene in (...)