August 2022

General antitrust

The Irish Competition Authority seeks views of businesses who use online platforms to sell to consumers
Irish Competition Authority (Dublin)
CCPC seeks views of businesses who use online platforms to sell to consumers* The Competition and Consumer Protection Commission (CCPC) has launched an online survey targeted at businesses who use online platforms to offer goods or services to consumers. These platforms could include online (...)

The Portuguese Competition Authority publishes a paper on competition and purchasing power in times of inflation
Portuguese Competition Authority (Lisbon)
AdC publishes paper on competition and purchasing power in times of inflation* The Portuguese Competition Authority (AdC) published a paper emphasizing the role competition can play in protecting purchasing power in times of inflation. Even if competition policy is not intended to address (...)

The Polish Competition Authority initiates an extensive investigation into the market for hard coal to examine the rules for distribution and existence of restrictive competition in the market
Polish Competition Authority (Warsaw)
Coal: President of UOKiK initiates an investigation procedure* The President of UOKiK, Tomasz Chróstny, initiated an investigation procedure in connection with the situation on the hard coal market. An extensive market investigation is being conducted with the support of the Trade Inspection (...)

Anticompetitive practices

The Latvian Competition Authority fines three construction companies for an anticompetitive bid rigging cartel, with two fines reduced for cooperating with the Authority (PK Serviss / Koro Būve / Tavs Laikmets)
Latvian Competition Council (Riga)
The Competition Council fines three construction companies for prohibited agreements in procurement organized by a private contracting entity* On August 4, the Competition Council of Latvia (the CC) adopted a decision, detecting a prohibited agreement between three construction companies on (...)

The US District Court for the Northern District of California issues a decision on a decertification order in a long-running class action dispute concerning class-wide damages model (Freitas / Cricket Wireless)
Covington & Burling (Washington)
On July 29, Judge William Alsup of the Northern District of California issued a decertification order in a long-running class action dispute concerning Cricket Wireless’s 4G advertising, ruling that plaintiff’s counsel made “too critical a mistake” in fashioning their class-wide damages model. See (...)

The Australian Competition Authority charges a waste management company for price-based antitrust infringements (Bingo Industries)
Australian Competition and Consumer Commission (Canberra)
Bingo Industries pleads guilty to alleged demolition waste cartel* Waste company Bingo Industries has today entered pleas of guilty to criminal cartel offences relating to price fixing for demolition waste services in Sydney. Bingo was charged with these offences today after an investigation (...)

The Polish Competition Authority deems there to be no anticompetitive conduct in tendering process on the municipal waste market
Polish Competition Authority (Warsaw)
Waste market - actions of the President of UOKiK* The President of UOKiK monitors the municipal waste market on an ongoing basis. The last investigation into this market concerned the verification of whether a tender collusion could have occurred in the Mazowieckie Voivodeship, including (...)

The EU Commission seeks feedback on performance of a block exemption for cooperation agreements between liner shipping consortia
DG COMP (Brussels)
Antitrust: Commission seeks feedback on performance of exemption for liner shipping consortia* The European Commission has launched today a call for evidence inviting feedback on the performance of the EU legal framework which exempts liner shipping consortia from EU antitrust rules (Consortia (...)

The US FTC order the limitation of a non-compete agreement following an acquisition in the retail fuel market (ARKO / Corrigan Oil)
US Federal Trade Commission (FTC) (Washington)
FTC Approves Final Order Restoring Competitive Markets for Gasoline and Diesel in Michigan and Ohio* Order requires ARKO Corp. to Limit Noncompetes and Return Five Retail Fuel Outlets to Corrigan Oil Company Following a public comment period, the Federal Trade Commission has approved a final (...)

The US DoJ strikes plea deals with two companies which conspired to rig bids on piping and insulation projects in Connecticut (BC Flynn Contracting / Axion Specialty Contracting)
US Department of Justice (Washington)
Two Companies Plead Guilty in Bid Rigging Scheme for Insulation Contracts* These are the Sixth and Seventh Defendants to Plead Guilty in this Investigation BC Flynn Contracting Corp. (BC Flynn) and Axion Specialty Contracting LLC (Axion) pleaded guilty yesterday in federal court in (...)

The New Zealand Competition Authority authorises a group of chicken growers to engage in collective bargaining (Tegel Growers Association)
New Zealand Commerce Commission (Wellington)
Commerce Commission authorises New Zealand Tegel Growers Association to engage in collective bargaining* The Commerce Commission (Commission) has granted authorisation to allow the New Zealand Tegel Growers Association Incorporated (TGA) to collectively negotiate on behalf of its members the (...)

The Hong Kong Competition Authority consults on proposal to accept commitments offered by seven car distributors
Hong Kong Competition Commission (Wanchai)
Competition Commission consults on proposal to accept commitments offered by seven car distributors* The Competition Commission (“Commission”) today commenced a consultation on its proposal under section 60 of the Competition Ordinance (“Ordinance”) to accept legally-binding commitments offered to (...)

Unilateral Practices

The Polish Competition Authority fines the national market leader in grain exportation for applying unfair contract terms, including penalty payments for failure to supply grain due to force majeure (PolishAgri)
Polish Competition Authority (Warsaw)
Situation on the grain market - actions of the President of UOKiK* UOKiK works actively for the protection of the farmers involved in grain production. In his latest decision, the President of UOKiK has imposed a penalty of over PLN 300,000 on PolishAgri - the leader in grain exports in western (...)

The Polish Competition Authority initiates antitrust proceedings against a computer manufacturer for market allocation (Dell)
Polish Competition Authority (Warsaw)
DELL - Charges by president of UOKIK* The President of UOKiK has initiated antitrust proceedings against Dell Sp. z o.o. The entrepreneur may have concluded a competition-restricting agreement with its authorised dealers and distributors. This is subject to a fine of up to 10 percent of the (...)

Mergers

The UK Competition Authority raises antitrust concerns regarding a merger of companies active in the drinking water solutions market (Waterlogic / Culligan)
United Kingdom’s Competition Authority - CMA (London)
CMA finds concerns in drinking water solutions merger* The CMA has found that the anticipated purchase of Waterlogic by Culligan could lead to a loss of competition in the supply of multifunctional taps to business customers in the UK. Culligan (mainly through its Zip brand) is the leading (...)

The Australian Competition Authority raises competition concerns on the proposed merger between two airline companies (Qantas / Alliance Airlines)
Australian Competition and Consumer Commission (Canberra)
Qantas’ proposed acquisition of Alliance Airlines raises preliminary competition concerns* The ACCC has outlined preliminary competition concerns with Qantas Airways’ (ASX: QAN) proposed acquisition of Alliance Aviation Services Ltd (ASX: AQZ) in a statement of issues published today. In (...)

The US FTC issues policy paper which warns about pitfalls of COPA Agreements for patient care and healthcare workers
US Federal Trade Commission (FTC) (Washington)
FTC Policy Paper Warns About Pitfalls of COPA Agreements for Patient Care and Healthcare Workers Some Hospital Mergers Subject to Certificate of Public Advantage Agreements Led to Higher Prices, Reduced Quality Today the Federal Trade Commission issued a policy paper and fact sheet (...)

The Australian Competition Authority greenlights an acquisition of an online marketplace by a supermarket (Woolworth / MyDeal)
Australian Competition and Consumer Commission (Canberra)
Woolworths’ acquisition of MyDeal not opposed* The ACCC will not oppose Woolworths’ (ASX: WOW) proposed acquisition of online retailer MyDeal (ASX: MYD). Woolworths, through its Big W stores and supermarkets, and MyDeal, through its online marketplace, sell a variety of general merchandise (...)

The Australian Competition Authority consults on divestiture remedies offered by a manufacturer of animal health products in its bid to take over a rival (Zoetis / Jurox)
Australian Competition and Consumer Commission (Canberra)
Consultation begins on Zoetis’ proposed divestiture remedy* The ACCC is seeking views on a proposed court-enforceable undertaking offered by Zoetis in relation to its proposed acquisition of Jurox. Zoetis and Jurox develop, manufacture, and sell animal health products that detect, prevent, and (...)

The Australian Competition Authority approves the acquisition of a cyber security consultancy and provider of cyber security products by a Big Tech search engine (Google / Mandiant)
Australian Competition and Consumer Commission (Canberra)
Google’s acquisition of Mandiant not opposed* The ACCC will not oppose the proposed acquisition of Mandiant, Inc. by Google LLC. Mandiant supplies cybersecurity consulting services, specialising in incident response, and other cybersecurity products. Google supplies software and (...)

The EU Commission approves modifications to Polish State aid scheme, including a €5.1B budget increase, to support companies in the context of Russia’s invasion of Ukraine
DG COMP (Brussels)
State aid: Commission approves modifications to Polish scheme, including €5.1 billion budget increase, to support companies in context of Russia’s invasion of Ukraine* The European Commission has approved modifications, including a budget increase of €5.1 billion (PLN 24.5 billion), to an (...)

The Romanian Competition Authority assesses the takeover of a specialised medical provider, particularly of medical imaging, by a chain of private health clinics (Medici / Med Life)
Romanian Competition Council (Bucharest)
THE COMPETITION COUNCIL ASSESSES THE TAKING OVER OF MEDICI’S BY MED LIFE* The Competition Council assesses the transaction by which Med Life takes over Medici’s Group. Med Life SA is a private healthcare operator, with clinics in different cities in Romania. The company is listed on Bucharest (...)

The German Competition Authority clears a joint-venture between a publishing house and an association of pharmacies which operates an online drug delivery platform (NOWEDA / Burda)
German Competition Authority (Bonn)
Bundeskartellamt clears Burda’s participation in NOWEDA’s digital platform “IhreApotheken.de”* The Bundeskartellamt has cleared the planned creation of a joint venture by Essen-based NOWEDA Apothekengenossenschaft eG and Burda Verlag GmbH, Munich under merger control law. NOWEDA is an association (...)

The Belgian Competition Authority approves the acquisition of the closed, so-called run-off, an insurance portfolio of an insurer by a rival (AXA / Monument Assurance)
Belgian Competition Authority (Brussels)
The Belgian Competition Authority approves the acquisition of the closed insurance portfolio in run-off of AXA Belgium NV by Monument Assurance Belgium NV* On 9 August 2022, the Belgian Competition Authority (BCA) approved the acquisition of the closed, so-called run-off, insurance portfolio (...)

The Belgian Competition Authority approves a merger between two life insurance companies (NN Insurances / Athora)
Belgian Competition Authority (Brussels)
The Belgian Competition Authority approves the acquisition of the life insurance portfolio in run-off of NN Insurances Belgium SA/NV by Athora Belgium SA* On 9 August 2022, the Belgian Competition Authority (BCA) approved the acquisition of the Life Insurance Portfolio in run-off of NN (...)

The US FTC approves a $1.1B acquisition of a chain of vets by a private equity firm subject to divestment of practices in California and Texas (JAB Consumer Partners / SAGE Veterinary Partners)
US Federal Trade Commission (FTC) (Washington)
FTC Approves Final Order Protecting Pet Owners from Private Equity Firm’s Anticompetitive Acquisition of Veterinary Services Clinics* FTC Acts to Preserve Competition in Markets for Specialty and Emergency Veterinary Services Following a public comment period, the Federal Trade Commission has (...)

The French Competition Authority clears an acquisition of a distributor of high-end bedding products by a rival and producer of such products (Compagnie du Lit / Finadorm)
Autorité de la concurrence (Paris)
The Autorité de la concurrence clears, subject to conditions, the takeover of Compagnie du Lit by France Literie* On 3 January 2022, the Finadorm Group (France Literie) notified the Autorité de la concurrence of its plan to acquire sole control of the CDL Group (La Compagnie du Lit). Parties to (...)

The Mexican Competition Authority sanctions five economic agents for gun jumping in the financial sector (Banco Invex / Institución de Banca Múltiple / INVEX Grupo Financiero / Neology)
Mexican Competition Authority (Mexico City)
Cofece sanctions five economic agents for not notifying a concentration* The Commission imposed fines for a total amount of 1 million 884 thousand 966 Mexican pesos The concentration was authorized after verifying that it does not affect competition and free market access. Mexico City, August (...)

The Australian Competition Authority calls for comments on court-enforceable divestment commitments by a provider of cloud-based software for businesses in order to acquire a tech company which enables outsourcing of administrative services (Dye & Durham / Link)
Australian Competition and Consumer Commission (Canberra)
Consultation begins on Dye & Durham’s proposed divestiture offer for Link acquisition* The ACCC is seeking views on a proposed court-enforceable undertaking offered by Dye & Durham Corporation (D&D) in relation to its proposed acquisition of Link Administration Holdings (ASX:LNK). (...)

The UK Competition Authority requires the largest provider of property search services to sell its recently acquired competitor (Dye & Durham / TM Group)
United Kingdom’s Competition Authority - CMA (London)
CMA requires Dye & Durham to sell TM Group* The CMA has concluded that Dye & Durham must sell TM Group after its in-depth investigation identified competition concerns. Following a Phase 2 merger investigation, the CMA has found that the acquisition of TM Group by Dye & Durham (...)

The UK Competition Authority provisionally clears the acquisition of a cyber security company by a rival (Avast / NortonLifeLock)
United Kingdom’s Competition Authority - CMA (London)
CMA provisionally clears NortonLifeLock / Avast merger* The CMA has provisionally cleared the anticipated acquisition of Avast by NortonLifeLock following an in-depth merger investigation. NortonLifeLock and Avast both offer cyber safety software to consumers under a variety of different (...)

The German Competition Authority clears a stake increase by one of the world’s largest logistics providers in a major German airline (Kühne / Lufthansa)
German Competition Authority (Bonn)
Bundeskartellamt clears increase of Kühne’s stake in Lufthansa* The Bundeskartellamt has cleared the increase of Kühne Holding AG’s stake in Deutsche Lufthansa AG, which now amounts to 15.01 per cent. The competitive assessment focused on the vertical effects of the concentration. Kühne+Nagel (...)

The Cypriot Competition Authority is notified about a partial acquisition of a company providing private hospital services by a Greek healthcare company (Hellenic Healthcare Holding Single Member / Aretaeion Medical Center)
Commission for the Protection of Competition of the Republic of Cyprus (Nicosia)
Notification of a concentration concerning the acquisition by Hellenic Healthcare Holding Single Member S.A of part of the share capital of Aretaeion Medical Center Ltd, via Hellenic Healthcare Holdings 2 (Cyprus) Ltd* The Service of the Commission for the Protection of Competition announces (...)

The EU Commission approves acquisition by an automobile glass repairing firm of a rival subject to divestments (D’Ieteren / PHE)
DG COMP (Brussels)
Mergers: Commission approves D’Ieteren’s acquisition of PHE, subject to conditions* The European Commission has approved, under the EU Merger Regulation, D’Ieteren’s acquisition of PHE. The approval is conditional on full compliance with commitments offered by D’Ieteren. Executive Vice-President (...)

The Romanian Competition Authority will assess the acquisitions of 7 companies involved in the gambling industry by a joint-venture based out of the Cyprus for anticompetitive effects (HoldCo / Club King / Cemarbet / Saed Electronic / Get’s Bet Online / GTB Line Software...)
Romanian Competition Council (Bucharest)
THE COMPETITION COUNCIL ASSESSES THE TAKING OVER OF SOME COMPANIES BY HOLD CO* The Competition Council assesses the taking over of Club King SRL, Cemarbet SRL, Saed Electronic SRL, Get’s Bet Online LTD, GTB Line Software SRL, Neosoft Tech Support SRL and Neosoft Limited by Emma Gamma and (...)

State Aid

The EU Commission approves €27.5B German scheme to compensate energy-intensive companies for indirect emission costs
DG COMP (Brussels)
State aid: Commission approves €27.5 billion German scheme to compensate energy-intensive companies for indirect emission costs The European Commission has approved, under EU State aid rules, a German scheme to partially compensate energy-intensive companies for higher electricity prices (...)

The EU Commission approves €835M Dutch scheme to compensate energy-intensive companies for indirect emission costs
DG COMP (Brussels)
"State” aid: Commission approves €835 million Dutch scheme to compensate energy-intensive companies for indirect emission costs* The European Commission has approved, under EU State aid rules, a Dutch scheme to partially compensate energy-intensive companies for higher electricity prices (...)

The EU Commission approves €687M Finnish scheme to compensate energy-intensive companies for indirect emission costs
DG COMP (Brussels)
State aid: Commission approves €687 million Finnish scheme to compensate energy-intensive companies for indirect emission costs* The European Commission has approved, under EU State aid rules, a Finnish scheme to partially compensate energy-intensive companies for higher electricity prices (...)

The EU Commission approves €125M Estonian scheme to support companies in the context of Russia’s invasion of Ukraine
DG COMP (Brussels)
State aid: Commission approves €125 million Estonian scheme to support companies in context of Russia’s invasion of Ukraine* The European Commission has approved a €125 million Estonian scheme to support the liquidity needs of companies across sectors in the context of Russia’s invasion of (...)

The EU Commission approves a Bulgarian scheme worth €218M to support agricultural producers in the context of Russia’s invasion of Ukraine
DG COMP (Brussels)
State aid: Commission approves €218 million Bulgarian scheme to support agricultural producers in context of Russia’s invasion of Ukraine* The European Commission has approved a €218 million (BGN 426 million) Bulgarian scheme to support certain agricultural producers in the context of Russia’s (...)

The EU Commission clears financing of Denmark’s national postal service
DG COMP (Brussels)
State aid: Commission clears financing of Post Danmark’s universal service obligation* The European Commission has approved, under EU State aid rules, Denmark’s compensation to Post Danmark for its universal postal service obligation in 2020. Executive Vice-President Margrethe Vestager, in (...)

The EU Commission approves a Romanian scheme worth €149M under the Recovery and Resilience Facility to support renewable hydrogen production
DG COMP (Brussels)
State aid: Commission approves €149 million Romanian scheme under Recovery and Resilience Facility to support renewable hydrogen production* The European Commission has approved, under EU State aid rules, a €149 million Romanian scheme made available through the Recovery and Resilience Facility (...)

The EU Commission approves an Austrian scheme worth €110M to support agricultural producers in the context of Russia’s invasion of Ukraine
DG COMP (Brussels)
State aid: Commission approves €110 million Austrian scheme to support agricultural producers in context of Russia’s invasion of Ukraine* The European Commission has approved a €110 million Austrian scheme to support primary agricultural producers in the context of Russia’s invasion of Ukraine. (...)

The EU Commission approves the 2022-2027 regional aid map for Denmark
DG COMP (Brussels)
State aid: Commission approves 2022-2027 regional aid map for Denmark* The European Commission has approved under EU State aid rules Denmark’s map for granting regional aid from 1 January 2022 to 31 December 2027 within the framework of the revised Regional aid Guidelines (‘RAG’). The revised (...)

The EU Commission approves revised commitments by Italy for precautionary recapitalisation of the country’s 5th largest bank (Banca Monte dei Paschi di Siena)
DG COMP (Brussels)
State aid: Commission approves revised commitments by Italy for Banca Monte dei Paschi di Siena* The European Commission has approved, under EU State aid rules, a set of revised commitments submitted by Italy, replacing the original commitments on the basis of which the Commission had approved (...)

The EU Commission approves a Latvian scheme worth €181.5M to support companies in the context of Russia’s invasion of Ukraine
DG COMP (Brussels)
State aid: Commission approves €181.5 million Latvian schemes to support companies in context of Russia’s invasion of Ukraine* The European Commission has approved two Latvian schemes with a total budget of €181.5 million to support small and medium-sized enterprises (‘SMEs’) and large companies (...)

Regulatory

The Australian Competition Authority accepts a telecom’s court-enforceable undertaking to halt a spectrum registration practice which interfered with a rival’s rollout of 5G network (Telstra)
Australian Competition and Consumer Commission (Canberra)
Telstra undertakes to address 5G competition concerns* The ACCC has accepted a court-enforceable undertaking from Telstra to address competition concerns about Telstra’s registration of radiocommunications sites in low band spectrum that interfered with Optus’ plans to roll out its 5G network (...)

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