Austria: The Supreme Court clarifies FCA’s Powers of Inspection*
On 30 December 2011, the Supreme Court acting as Supreme Cartel Court rejected several appeals against search warrants granted to the Federal Competition Authority (FCA) by the Cartel Court, taking the opportunity to give some (...)
The Netherlands: The Nederlandse Mededingingsautoriteit imposes Fines of € 18 000 000 on Industrial-Laundry Cartel and declares Commitments by the Dutch Federation for the Textile Care Industry legally binding*
On 8 December 2010, the Nederlandse Mededinginsautoriteit (NMa) imposed fines, (...)
On 28 December 2011, the Council of the Spanish Competition Commission (the «Council«, the «SCC«) decided to accept the commitments that had been previously submitted by the Spanish Federation of Municipalities and Provinces (Federación Española de Municipios y Provincias,«FEMP«), the Spanish (...)
Description of the case
On 2 December 2009, the Romanian Competition Council (RCC) initiated an ex officio investigation into the distribution market of perfume products bearing D&P perfume brand names in alleged breach of the provisions of Article 5(1)(a) of the Romanian Competition Law (...)
On 26 December 2011, MOFCOM, the NDRC, the Ministry of Public Security, the State Administration for Taxation, and the State Administration for Industry and Commerce (SAIC) jointly promulgated the Working Plan on Rectifying Fees Charged in Violation of Rules and Regulations by Large (...)
On 23 December 2011 the Serbian Competition Authority (KZK) established that by including the resale price maintenance clause (minimum prices) in their distribution agreement Idea d.o.o. (distributor) and Swisslion Group d.o.o. (supplier) have concluded an anti-competitive agreement contrary (...)
On 23 December 2011 the Serbian Competition Authority (KZK) imposed fines on the Serbian Association of Insurers (UOS) and its ten member insurance companies for the adoption and adherence to the UOS’s decision regulating the Casco auto insurance services. The fine for the adoption of the (...)
Slovak Republic: Detergent Cartel fined*
On 22 December 2011, the Antimonopoly Office of the Slovak Republic (the Antimonopoly Office) fined laundry detergent producers for participating in a cartel which infringed national competition law as well as Article 101 TFEU.
Since the second half (...)
The JFTC Issued the Cease and Desist Orders and Surcharge Payment Orders against taxi business operators ， located in Niigata City and its suburbs*
The Japan Fair Trade Commission (JFTC) today issued cease and desist orders, and surcharge payment orders against 25 taxi business operators, (...)
Romania: The Competition Council imposes Fines on six Oil Companies totalling € 200 000 000*
On 21 December 2011, the Competition Council imposed fines on the oil companies SC OMV Petrom SA, SC OMV Petrom Marketing SRL, SC Lukoil România SRL, SC Rompetrol Downstream SRL, SC Mol Petroleum (...)
On 21 December 2011 the Croatian Administrative Court upheld the infringement decision of the Croatian Competition Authority (AZTN) establishing the existence of concerted practices among newspaper publishers that led to uniform price increases.
The case dates back to 2010 when the AZTN (...)
The Bulgarian Commission for the Protection of Competition (the “CPC”) adopted Guidelines regarding exchange of information between competitors (the “Guidelines”). This piece of soft law collates the authority’s views on various aspects of information exchanges (including on qualification of (...)
The JFTC Issued the Cease and Desist Orders and Surcharge Payment Orders against manufacturers of LPG instruments*
he Japan Fair Trade Commission (JFTC) today issued cease and desist orders, and surcharge payment orders against 3 manufacturers of LPG instruments, Katsura Co., Ltd., Ito Koki (...)
On 20 December 2011, Finland’s Market Court (“Market Court”) imposed a fine of € 3 million on the glassware and ceramics manufacturer Iittala Group Oy Ab (“Iittala”) for resale price maintenance (“RPM”) in breach of the Finnish Competition Act (480/1992, “Competition Act”, repealed and (...)
On 16 December 2011, the French Competition Authority made binding the commitments proposed by Carrefour concerning its Carrefour Market franchise agreement. In August 2010, Marcadet (a Carrefour franchisee) complained to the French Competition Authority concerning certain commercial (...)
European Commission investigates DuPont and Honeywell practices in relation to new refrigerant*
On 16 December 2011 the European Commission opened proceedings to investigate alleged anti-competitive practices relating to the development of a new generation refrigerant for air conditioning (...)
According to a press release of 16 December 2011, the German Federal Cartel Office (“FCO”) has imposed fines totalling approximately € 15.5 million on six manufacturers and retailers of hydrants and other water network fittings, as well as on four of their executives, for their (...)
On 15 December 2011, the Swiss Competition Authority (COMCO / WEKO) imposed a fine of 12.5 million Swiss Francs (around € 10 million) on the Swiss subsidiary of Japan-based company Nikon on the grounds that it had restricted parallel imports of Nikon Imaging products. Following receipt (...)
The Swiss Competition Commission (COMCO) fines Nikon AG a total of 12.5 million CHF because of restrictions on parallel imports of Nikon imaging products.
1. Parties Nikon AG, Switzerland («Defendant«). The Nikon Group organizes its sales in Europe through its own (...)
ESA: The EFTA Surveillance Authority fines Ferry Company Color Line € 18 800 000 for infringing EEA Competition Rules*
In February 2012, the decision of the EFTA Surveillance Authority (the Authority) of 14 December 2011, fining the Norwegian ferry company Color Line for an infringement of (...)
Spain: The Comisión Nacional de la Competencia (CNC) imposes Fines on Associations of Producers and Traders of Fruits and Vegetables*
In a resolution adopted on 14 December 2011, the CNC Council decided that COAG-Almería, ASAJA- Almería and ALHÓNDIGAS, associations of producers and traders (...)
In a published judgment of 12 December 2011, the Austrian Supreme Court upheld an earlier judgment of the Higher Regional Court of Vienna that had dismissed a claim seeking the annulment of non-compete obligations imposed by the operator of a shopping centre (the Europark) on its tenants (...)
On 12 December 2011, the Competition Appeal Tribunal (“CAT”) quashed a decision of the Office of Fair Trading (“OFT”) in which the UK regulator had imposed a record fine on a number of tobacco manufacturers and retailers for manipulating prices of tobacco products through a network of (...)
France: Thanks to its Leniency Programme, the Autorité de la concurrence detects Cartel of World four major Detergent Manufacturers and imposes Fines amounting to € 368 000 000*
On 8 December 2011, the Autorité de la concurrence (the Autorité) established the existence of a cartel between (...)
BE31 [...] & Consorts/Chambre Nationale des Huissiers CONC-P/K-08/0016 Competition Council 08.12.11
I. The facts On 9 July 2008, a number of bailiffs lodged a complaint with the Belgian Competition Council claiming that the National Chamber of Bailiffs infringes Articles 2 and 3 of the (...)
Lithuanian ship agents case constitute important precedent on the possibility to recognise de facto termination of cartel under Lithuanian competition law. In December 2011 the Competition Council issued a decision against 32 shipbroking and agency companies (‘Companies’) and Lithuanian (...)
The French Competition authority fines the four major laundry detergent manufacturers for violating cartel legislation.
The French competition authority has fined a cartel between Unilever, Procter & Gamble, Henkel and Colgate Palmolive for a total amount of €367.9 million (...)
On 8 December 2011, the EU Court of Justice (“ECJ”) dismissed appeals brought by KME Germany, KME France, KME Italy (“KME”) and Chalkor AE Epexergasias Metallon (“Chalkor”) against judgments of the General Court (“GC”) in the copper industrial and plumbing tubes cartel cases. In (...)
Lithuania: Competition Council imposes Fines totalling € 3 383 891 on Ship Agency Companies and the Lithuanian Shipbrokers and Agents Association*
On 8 December 2011, the Lithuanian Competition Council (CC) fined 32 ship agency companies and the Lithuanian Shipbrokers and Agents Association (...)
On 7 December 2011 the Moldovan Supreme Court of Justice (CSJ) upheld the two judgments issued by the Chisinau Court of Appeals (CAC) against the infringement decisions of the Moldovan Competition Authority (ANPC) where the latter alleged the existence of the concerted practices on the market (...)
European Commission fines Producers of Refrigeration Compressors €161 million in fifth Cartel Settlement*
On 7 December 2011, the European Commission has settled a cartel with producers of household and commercial refrigeration compressors that covered the whole European Economic Area (EEA). (...)
Is Apple forcing customers to pay more for e-books? - Global developments in the alleged e-book price-fixing case*
On December 6, 2011 the European Commission announced that it opened formal proceedings to examine whether five major international publishers (...)
European Commission investigates companies active in the e-book publishing sector*
On 6 December 2011 the European Commission opened an investigation into alleged anticompetitive practices by five EU and US publishers, possibly with the help of Apple, in relation to the sale of e-books in (...)
By two orders of 5 December 2011 in Cases 16 Ok 2/11 and 16 Ok 4/11, the Austrian Supreme Court acting as the highest appellate court in competition matters (Oberster Gerichtshof als Rekursgericht in Kartellrechtssachen) questioned whether undertakings can be held liable for (...)
Austria: The Supreme Cartel Court asks European Court of Justice for Ruling in Freight Forwarding Cartel Case*
On 5 December 2011, the Austrian Supreme Court acting as Supreme Cartel Court (Supreme Cartel Court) decided to stay proceedings in the Federal Competition Authority’s (FCA) appeal (...)
POTATO PRICE-FIXING CASE SURVIVES MOTION TO DISMISS HOLDS THAT PRE-PRODUCTION AGRICULTURAL OUTPUT RESTRICTIONS ARE NOT EXEMPT UNDER CAPPER-VOLSTEAD*
On December 2, 2011, a federal judge overseeing multidistrict litigation involving an alleged potato price-fixing conspiracy denied a motion to (...)
Spain: The Comisión Nacional de la Competencia (CNC) imposes Fines on Cartel of Manufacturers and Traders of Fruits and Vegetables Containers*
In its Resolution of 2 December 2011, the CNC Council ruled that it was established that INFIA, S.r.l. (INFIA) jointly and severally with its parent (...)
Office of the New York State Attorney General (New York)
United States2 contributions744 visits
I Can’t Make You Love Me If You Won’t: Capper-Volstead Jilted*
The intersection between the Sherman Act and the Capper-Volstead exemption for collective conduct by agricultural industry members has given rise to a number of recent cases. In re Fresh and Process Potatoes Antitrust Litig., (...)
Allegations of Conspiracy to Limit Crop Production: Ripe for Analysis Under Capper-Volstead*
On December 2, 2011, the district court denied a motion to dismiss antitrust conspiracy claims against potato grower cooperatives in several states. In re Fresh and Process Potatoes Antitrust (...)
Ruling No 6546/2011 of the Athens Civil Court of Appeal (Efeteio Athinon, hereafter: the Court) is of particular importance for the private enforcement of Greek and EU competition law since it clarifies the remedies available to the victims in case of anticompetitive practices. (...)
MIIT published the Provisions on Regulating the Market Order of Internet Information Services (Internet Information Service Rules) on 31 December 2011, which will take effect on 15 March 2012.
MIIT had invited comments on two earlier drafts of the Internet Information Service Rules in (...)
This study analyses the decision of the Turkish Competition Authority (TCA) in which it has rejected the claims that Turkish Airlines engaged in predatory pricing and abused regulatory procedures in the market for domestic and international flights with a view to driving one of its competitor, (...)
Factual background By its decision No. 2012/DZ/R/2/030, the Council of the Antimonopoly Office of the Slovak Republic (the “Council”), acting in its capacity as the appellate body of the Antimonopoly Office of the Slovak Republic (the “AMO”) rejected on 29 June 2012 the appeal of ZSE (...)
On the 24th of December 2011, the Regional Administrative Court of Lazio (‘RAC’)(Tribunale Amministrativo Regionale del Lazio) rejected the appeal from Saint-Gobain PPC Italia S.p.A. (‘Saint-Gobain‘), the Italian subsidiary of the multinational corporation leader worldwide in the construction (...)
On 22 December 2011 Competition Authority of Bosnia & Herzegovina (KV) established that Amadeus BH d.o.o., the provider of the computer reservations system Amadeus used by the travel agencies for booking the airline tickets, has abused its dominant position on the relevant market by (...)
On 21 December 2011, the Danish Competition Council decided on a case concerning the application by Copenhagen airport of dissimilar conditions to equivalent transactions.
The case regards the Danish (...)
On 21 December 2011, the Düsseldorf Higher Regional Court (the Court), sitting as the court of last instance, decided an important case concerning the right of a manufacturer of passenger vehicles to refuse to appoint a repairer applying to be admitted to its authorised repair network. (...)
The Autorité de la concurrence makes commitments proposed by Carrefour concerning a Parisian supermarket franchised under the Champion name binding. Carrefour commits to adapt the standard Carrefour Market franchise agreement with regards this supermarket*.
Following a complaint filed in (...)
The Dongfeng Nissan Case and the Gaps of China’s Competition Law Regime in Tackling Vertical Restraints*
The recent Dongfeng Nissan Case shed some interesting lights on the status of vertical restraints rules in China, three years after China’s Anti-Monopoly Law (AML) became effective in (...)
On 14 December 2011, the Commission announced that it was inviting comments on commitments offered by Thomson Reuters to address concerns that its licensing practices in relation to the Reuters Instrument Codes (“RICs”) may infringe Article 102 TFEU. RICs are codes that identify (...)
The Italian Competition Authority (ICA) imposed a euros 39.377.489,00 fine on Poste Italiane (PI), the Italian incumbent post operator, for breaching Article 102 TFEU. PI abused its dominant position by engaging into a number of exclusionary practices against its competitor, TNT (...)
Further to a complaint lodged by the satellite channel operator Sky, the Autorità Garante della Concorrenza e del Mercato ("IAA") found that Auditel – a company majority owned by the two leading TV players (Mediaset and RAI) who is the de facto monopolist in the Italian market for monitoring (...)
European Commission makes IBM’s commitments in the mainframe maintenance market legally binding*
On 14 December 2011 the European Commission stated that it has made commitments offered by IBM Corporation in the mainframe maintenance market legally binding (see Newsletter 6/2011 p. 6, (...)
Following the complains of TNT Post Italia S.p.A. (TNT), on 15/10/2009 the Italian Antitrust Authority (Autorità Garante della Concorrenza e del Mercato - AGCM) started a preliminary investigation to assess a potential violation of the article 102 TFUE by Poste Italiane S.p.A (PI). After the (...)
On December 14th, 2011 the Italian Competition Authority (hereinafter, ICA) fined for abuse of dominant position according to art. 102 TFUE one of the main Italian companies providing for gas supply service, by mean of concession contracts, in more than a thousand Italian cities (amongst which (...)
Italy: Poste Italiane abuses Dominant Position*
On 14 December 2011, the Italian Competition Authority (ICA) sanctioned the national incumbent in the postal services, Poste Italiane, for a violation of Article 102 TFEU on the Italian bulk mail market, as well as on two Italian newly (...)
The JFTC issued Cease and Desist Order and Surcharge Payment Order against Toys“R”Us-Japan， Ltd*
The Japan Fair Trade Commission (JFTC) has investigated Toys“R”Us-Japan, Ltd. (hereinafter referred to as “Toys“R”Us-Japan”) in accordance with the provisions under the Antimonopoly Act (AMA) (...)
An analysis of the IBM Commitment Decision concerning the aftermarket for IBM mainframe maintenance*
The content of this article does not necessarily reflect the official position of the European Commission. Responsibility for the information and views expressed lies entirely with the (...)
On 9 December 2011, the Danish Competition Appeals Tribunal (“CAT”) handed down its judgment repealing a decision of the Danish Competition Council (“CC”) of 22 December 2010, in which the CC had found that the national postal service provider Post Danmark had abused its dominant (...)
Sweden: The Stockholm City Court orders Telia Sonera to pay a Fine of approximately € 15 000 000 for infringing Article 102 TFEU*
On 2 December 2011, the Stockholm City Court (the City Court) ordered Telia Sonera Sverige AB (Telia Sonera) to pay an administrative fine amounting to SEK 144 (...)
On 2 December 2011, the National Development and Reform Commission (NDRC) confirmed that it had received an application for suspension of its investigation from both China Telecom and China Unicom. The NDRC has been investigating China Telecom and China Unicom for alleged discriminatory (...)
This is an interesting case and we are reporting it based on the publicly available (press) information. The merger Decision on the case is not public.
Verifone Systems, Inc is a global leader in secure electronic payment solutions, and Hypercom Corporation, a high security electronic (...)
MOFCOM Getting Tough on Failure to Notify a Concentration*
On 30 December 2011, the Ministry of Commerce ("MOFCOM") promulgated the Interim Measures on Investigation and Punishment of Failure to Duly Notify Concentrations of Undertakings ("Interim Measures"), effective from February 1, (...)
The Competition Board (the “Board”) has unconditionally authorized the acquisition of the control over the Hard Disk Drive (“HDD”) of Samsung Electronics Co. Ltd. (“Samsung”) by Seagate Electonics PLC (“Seagate”; “Samsung” and “Seagate” hereinafter referred to as the “Parties”) by concluding (...)
On 28 December 2011, the Spanish National Competition Commission (CNC) agreed to authorise the acquisition by Verifone Systems, Inc. (Verifone) of sole control of Hypercom Corporation (Hypercom) in the first phase, subject to compliance with commitments offered by Verifone. The (...)
On 23 December 2011, the Belgian Competition Council conditionally cleared the acquisition by Belgian telecommunications company Belgacom of The Phone House, a telecommunications retail network.
Following an in-depth, phase II investigation, the College of Competition Prosecutors (...)
On 23 December 2011, the Competition Council cleared after a second phase investigation the acquisition by Belgacom, the incumbent telecom provider in Belgium, of Wireless Technologies, the operator of The Phone House, the only remaining multibrand distributor at retail level offering telecom (...)
U.S. Justice Department Conditionally Approves Combination of Stock Exchange Groups, European Review Still Pending*
The prospects for the merger of Deutsche Börse AG and NYSE Euronext are looking a little brighter, since the U.S. Department of Justice Antitrust Division conditionally (...)
In a decision of 22 December 2011, the European Commission unconditionally cleared the proposed acquisition of the logistics business of Wincanton International by its German rival Rhenus. The Commission examined the effects of the transaction on the markets of contract logistics, (...)
U.S. Department of Justice Litigates to Block Two Mergers*
The U.S. Department of Justice (“DOJ”) has blocked two mergers in the past several months, in each case after filing a lawsuit against the merging parties. The first case involved a relatively small transaction in the digital tax (...)
AT&T officially ends plans to acquire T-Mobile USA*
As a reaction to the DOJ’s antitrust actions AT&T has now officially abandoned its plans to acquire T-Mobile USA for approx. $ 39 billion.
In a news release from the 19th December 2011 AT&T said, that “after a thorough review (...)
The US antitrust authorities recently took action against an executive for violation of the Hart-Scott-Rodino Act (the “HSR Act”) in connection with the acquisition of stock as part of his compensation, resulting in a $500,000 fine.
The HSR Act requires acquirers of certain voting (...)
Antimonopoly Office of the Slovak Republic, Department of concentrations ("Office") approved the concentration consisting in the creation of a joint venture of Henkel Hong Kong Holding Limited ("Henkel") and Tiande Chemical Holdings Limited ("Tiande").
Proceedings before the (...)
The Administrative Council of Economic Defence (Conselho Administrativo de Defesa Econômica– CADE), Brazil’s antitrust authority, by unanimous decision, has authorised the merger between airline companies TAM, from Brazil, and LAN, from Chile, which created the largest airline company in Latin (...)
Results of Investigation into the Proposed Merger between Nippon Steel Corporation and Sumitomo Metal Industries, Ltd*
Upon the receipt of notification of a plan regarding the merger between Nippon Steel Corporation and Sumitomo Metal Industries, Ltd.,the Japan Fair Trade Commission (...)
On December 14th, 2011, the Autorità Garante della Concorrenza e del Mercato ("IAA") imposed far-reaching undertakings on the merging parties as a condition for the clearance of the acquisition of control over Digital Multimedia Technologies ("DMT"), the largest independent Italian operator in (...)
In case no. 11-DCC-187 the French competition authority (FCA) examined the acquisition by COFEPP, a major French spirits manufacturer, of Quartier Français Spiritueux (QFS), one of its main competitors in the area. The transaction was cleared subject to conditions on 13 December 2011, the (...)
The merger involved the acquisition of Alpuro Holding BV (“Alpuro”) by Van Drie Holding BV (“Van Drie”). The merger was announced on 19 November 2009.
Van Drie is active throughout the entire production chain for producing veal. This cover the production and sale of veal feed (...)
China’s Ministry of Commerce (MOFCOM) has approved Seagate’s acquisition of the hard drive disk division of Samsung Electronics ("Samsung HDD") under China’s Anti-Monopoly Law ("AML"), but imposed conditions to ensure that Samsung, although controlled by Seagate, remains an independent (...)
Companies contemplating global mergers,acquisitions and joint ventures should be aware that the Ministry of Commerce (MOFCOM), China’s antitrust agency tasked with merger control, is increasingly imposing competition remedies exceeding those required by the European Commission, U.S. Federal (...)
Press Release published on the official website of the French Competition Authority.
The Autorité de la concurrence clears the possible acquisition by DFDS of certain assets of SeaFrance and LD Lines*.
At the request of DFDS, the Autorité de la concurrence has examined the possible (...)
MOFCOM Passed Provisional Rule on Failure to Notify on Concentration*
On December 7, the Provisional Measures on Investigating and Penalizing Violation of Notification Obligations for Concentrations between Business Operators (Provisional Measures) were reviewed and discussed at the No. 57th (...)
In a recently published judgment of 6 December 2011, the German Federal Court of Justice overturned a judgment in which the Higher Regional Court of Düsseldorf annulled a decision of the German Federal Cartel Office prohibiting the acquisition by Total Deutschland GmbH of 59 petrol (...)
Charles River Associates International (CRA) (London)
United Kingdom2 contributions198 visits
This article is the winner of the 2013 Antitrust Writing Awards, Business Category, Economics section.
Some mergers materially reduce the choice of suppliers available to customers. When this happens, how much weight should competition authorities give to the potential (...)
DOJ closes investigation into Google’s acquisition of Admeld Inc.*
On December 2, 2011 the DOJ announced its decision to close the investigation into Google’s acquisition of Admeld Inc. allowing Google to complete its $ 400 million merger. The DOJ’s investigation focused on the potential (...)
The Autorité de la Concurrence clears the acquisition of Rue du Commerce’s sole control by Altarea*. The Autorité de la concurrence examined the acquisition of Rue du Commerce by Altarea, by means of the acquisition of a bloc of shares and a public takeover bid on Rue du Commerce’s (...)
On December 1, 2011, Brazil’s new competition law was published in its final form, having been approved by President Dilma Rousseff. The new law goes into effect on May 29, 2012. Before approving the new law, President Rousseff vetoed several provisions that affect timing of review, (...)
Danish Competition and Consumer Authority (Copenhagen)
Denmark133 contributions36262 visits
State aid granted by the municipality of Furesø to a supermarket restricts competition*
The Danish Competition Council decided on 21st of December 2011 that State aid granted by the municipality of Furesø to a supermarket by renting out land on favourable terms restricts competition.
"The New State Aid Rules for Services of General Economic Interest (SGEI): the Commission Decision and Framework of 20 December 2011"*
1. Introduction: the 2011 package On 20 December 2011, the European Commission adopted a new package of State aid rules for services of general economic (...)
"The New State Aid Rules for Services of General Economic Interest (SGEI)"*
On 20 December 2011, following extensive public consultations, the European Commission adopted a new package of State aid rules for services of general economic interest (SGEI). This article offers an overview of (...)
"WestLB liquidation – the end of the saga"*
On 20 December 2011, the European Commission approved the liquidation plan submitted by the German government for the commercial bank WestLB, majority‑owned by the two savings banks associations in North Rhine‑Westphalia and the (...)
EUROPEAN COMMISSION ADOPTS NEW STATE AID RULES ON SERVICES OF GENERAL ECONOMIC INTEREST *
On December 20, 2011, the European Commission adopted a new legislative package on the application of State aid rules on services to public services – known as Services of General Economic Interest (...)
In its judgment of 8 December 2011, the Court of Justice of the European Union (“ECJ”) agreed with the Commission and the General Court that France Télécom had benefited illegally from state aid in the form of tax subsidies between 1994 and 2002. The Commission had investigated the tax (...)
In a preliminary ruling handed down on 8 December 2011, the ECJ interpreted the state aid obligations imposed on national courts as including the obligation to cancel a guarantee by virtue of which unlawful aid was implemented and order the recovery of the aid, provided that there are no (...)
The Spanish National High Court of Justice confirms the calculation of the interest made by the Spanish Administration and which Celsa Atlantic must pay for the repayment of unlawful and incompatible aid.
Background & facts of the case
The decision of the Commission of the European (...)
In a Belgacom case, the Brussels Court of Appeal referred preliminary ruling questions to the Constitutional Court (Cour constitutionnelle/Grondwettelijk Hof) on its jurisdiction to hear appeals of decisions taken by the College of Prosecutors in the course of an antitrust (...)
On 22 December 2011, the Belgian Constitutional Court issued a preliminary ruling which confirmed the jurisdiction of the Brussels Court of Appeal to review the investigative measures of the Belgian College of Competition Prosecutors. The Court ruled that if the Belgian Competition Act were to (...)
Italy: New Powers for Competition Authority in the Field of Competition Law and Consumer Protection*
Following the Italian Competition Authority’s (ICA) report of 5 January 2012 regarding pro-competitive measures to increase the competitiveness of the main sectors of the Italian economy, the (...)
The Austrian Competition Act entitles the Austrian Federal Competition Agency to conduct dawn raids. While in the past, the Federal Competition Agency has hardly made use of this right, it conducted approximately 25 dawn raids in the last 12 months alone.
The law foresees that (...)
Bulgaria: The Authority adopts Guidelines on Information Sharing between Competitors and updates Guidelines on Competition Compliance of legislative Acts*
On 20 December 2011, the Commission on Protection of Competition (CPC) adopted Guidelines on information sharing between competitors. On (...)
Belgium: New fining Guidelines enter into Force*
On 19 December 2011 the Competition Council (the Council) adopted its new fining guidelines. They entered into force on 18 January 2012, which was the date of their publication in the Official Gazette.
The guidelines build on the practice of (...)
In a press release issued on 6 January 2012, the Belgian Competition Council announced the adoption on 19 December 2011 of new Guidelines regarding the calculation of fines for EU and Belgian competition law infringements. The Guidelines describe the methodology that the Competition (...)
In a press release issued on 6 January 2012, the Belgian Competition Council announced the adoption on 19 December 2011 of new Guidelines regarding the calculation of fines for EU and Belgian competition law infringements (the “Guidelines”).
The Guidelines describe the methodology that (...)
The Egyptian Competition Authority (ECA) as established in the Egyptian Competition Act approved in 2005, lacked of autonomous decision-making powers relating to the possibility to settle or litigate antitrust related cases. As of December 2011, the veto power that the Competition Law granted (...)
Public procurement: are Fair Trade products different from Eco-products?*
According to Advocate General Kokott they are. Public authorities wishing to procure such products should do so in accordance with article 23 of the public procurement directive (Directive 2004/18/EC) for Eco-products (...)
The General Court of the European Union (General Court) has annulled a decision by the EU Commission (EC) that denied access by a private plaintiff to the EC’s files in cartel proceedings (Case T 437/08 – CDC Hydrogene Peroxide vs European Commission). The plaintiff requested access to those (...)
Access to documents under Reg 1049/2001 and private enforcement of EU competition law – the CDC Hydrogene Peroxide judgment*
As usual, the EU Courts handed down judgment in a number of cases shortly before Christmas. EUtopia law will be posting blogs on one or two of them in the days and (...)
Thomson Reuters offers commitments to close investigation by European Commission*
On 14 December 2011 the European Commission published a notice inviting comments on commitments offered by Thomson Reuters that address concerns about whether its licensing practices, in relation to the Reuters (...)
A unanimous panel of the U.S. Court of Appeals for the District of Columbia Circuit upheld a district court decision enforcing the Federal Trade Commission’s administrative subpoena and civil investigative demand in an ongoing FTC investigation. The December 13, 2011, opinion is noteworthy (...)
The Court of Justice upholds the judgments of the General Court and the Commission’s decisions relating to the two cartels in the copper industrial and copper plumbing tubes sectors*
The review carried out by the General Court in respect of Commission decisions imposing fines in competition (...)
Hungary: New Notice on Setting of Fines in Antitrust Cases*
Following the public consultation held between 15 November and 5 December 2011, the GVH has recently adopted and published its new antitrust fine notice (the new notice) on its website. The new notice entered into force on 1 (...)
In this case the plaintiffs alleged that the defendants conspired to reduce the supply of potatoes. 834 F. Supp. 2d at 1148. The conspiracy allegedly began when potato growers formed a cooperative to increase the price of potatoes by agreeing to limit potato planting acreages and by paying (...)
The Legislative Yuan of Taiwan has passed new amendments to its Fair Trade Law ("FTL"). One of the amendments adopts a leniency program for cartel investigations, which has been a common practice in the U.S., EU, and other jurisdictions for a number of years. Another raises the monetary (...)
The Council of the Spanish Competition Authority (hereinafter CNC) approved on December, 28, 2011 a report on the measure proposed by the Spanish Telecommunications Market Commission (hereinafter CMT) on December, 1, 2011, regarding the definition and analysis of the markets for the (...)
On December 24, 2011, China’s Ministry of Commerce and National Development and Reform Commission released the Catalogue for Guiding Foreign Investment (2011 Revision) (“Catalogue”), the nation’s principal document for regulating foreign investment into China. As expected, the final Catalogue (...)
French regulators fine La Poste for not providing an affordable service for the shipment of low-value objects weighing less than two kilograms*
On December 20, 2011, the Autorité de Régulation des Communications électroniques et de la Poste (ARCEP — French postal and (...)
Press Release published on the official website of the French Competition Authority.
The Autorité de la concurrence recommends that the Agence nationale des fréquences (ANFR – French frequencies agency) should take certain precautions to avoid operators having cognizance of their (...)
Press Release published on the official website of the French Competition Authority.
The Autorité is in favour of Arcep’s proposal on ex ante regulation of Free Mobile and full MVNOs mobile voice call termination charges. It considers asymmetrical call termination charges for the benefit of (...)
Article published on Centre for Competition Policy blog.
Should we Regulate the Structure of Consumer Tariffs to Make Competition Work Better? Two Cheers for Ofgem*
The UK energy regulator today published its heavily trailed and significant proposals to constrain the regular tariffs which (...)