December 2011

Anticompetitive practices

 The Austrian Supreme Court clarifies Federal Competition Authority’s powers of inspection
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220035 visits
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 Dutch Competition Authority imposes fine of EUR 18 million on industrial laundry cartel (Industrial Laundry Cartel)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220035 visits
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, (...)

The Spanish Competition Authority reaches a settlement agreement with the Spanish federation of municipalities and provinces and four professional associations of architects and industrial engineers (Convenios FEMP / Consejos Superiores de Colegios)
Hogan Lovells (Madrid)
Spain 47 contributions 92395 visits
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LaLiga (Madrid)
7 contributions 4440 visits
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 (...)

The Romanian Competition Council investigates and imposes fines in a resale price-fixing case involving the distribution of perfume products (D & P Parfumum Case)
Kinstellar (Bucarest)
Romania 7 contributions 1951 visits
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 (...)

The Chinese MOFCOM, the NDRC, the Ministry of Public Security, the State Administration for Taxation, and the State Administration for Industry and Commerce jointly promulgate the working plan on rectifying fees charged in violation of rules and regulations by large retailers on suppliers
University of Melbourne
Australia 103 contributions 29667 visits
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China Competition Bulletin (Beijing)
China 101 contributions 26620 visits
,
Institute of American Studies (Beijing)
China 52 contributions 15435 visits
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 (...)

The Serbian Competition Authority applies its leniency programme in a case of a vertical distribution agreement with a resale price maintenance clause (Idea / Swisslion)
University of Macau - Faculty of Law
China 284 contributions 226059 visits
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 (...)

The Serbian Competition Authority sanctions the association of insurers and its members for anti-competitive practices in the market for "casco" auto insurance (Serbian Association of Insurers)
University of Macau - Faculty of Law
China 284 contributions 226059 visits
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 (...)

The Slovak Competition Authority fines laundry detergent producers for participating in a cartel (Procter and Gamble, Henkel)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220035 visits
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 Japan Fair Trade Commission imposes surcharges on taxi business operators for having implemented a price-fixing agreement enabling to fix supracompetitive taxi fares
Japan Fair Trade Commission (Tokyo)
Japan 140 contributions 24827 visits
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, (...)

The Romanian Competition Authority fines €200 million six oil companies for their participation to a cartel (OMV Petrom)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220035 visits
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 (...)

The Croatian Administrative Court upholds the NCA’s infringement decision establishing the existence of concerted practices among newspaper publishers that led to uniform price increases (Slobodna Dalmacija / Europapress holding / RTD / Glas Slavonije)
University of Macau - Faculty of Law
China 284 contributions 226059 visits
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 NCA gives soft guidance on information exchange between competitors (Information Exchange Guidelines)
Dessislava Fessenko (London)
United Kingdom 32 contributions 86034 visits
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 Japan Fair Trade Commission issues cease and desist orders and imposes surcharges on manufacturers of LPG instruments for having implemented a price-fixing agreement (Katsura, Ito Koki and Fujikohki)
Japan Fair Trade Commission (Tokyo)
Japan 140 contributions 24827 visits
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 (...)

The Finnish Market Court imposes €3 million fine on a glassware and ceramics manufacturer for resale price maintenance (Iittala)
Roschier (Helsinki)
Finland 11 contributions 8939 visits
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 (...)

The French Competition Authority makes binding the commitments proposed by a leading retailer concerning its franchise agreement (Carrefour / Carrefour market)
Van Bael & Bellis (Brussels)
Belgium 174 contributions 58276 visits
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 (...)

The EU Commission opens proceedings against two manufacturers of refrigerants used in car air conditioning (Honeywell / du Pont)
Ashurst (Milan)
Italy 103 contributions 30051 visits
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 (...)

The German Competition Authority imposes fines for price fixing totalling € 15.5 million on manufacturers and retailers of hydrants and other water network fittings (Erhard / Schmieding / Frischhut / AVK / VAG / vonRoll)
Van Bael & Bellis (Brussels)
Belgium 389 contributions 94713 visits
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 (...)

The Swiss Competition Authority fines a manufacturer € 10 million for restricting parallel imports of imaging products (Nikon)
Van Bael & Bellis (Brussels)
Belgium 174 contributions 58276 visits
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 Authority fines leading camera manufacturer for the restrictions on parallel imports of the company’s imaging products (Nikon)
Agon Partners (Zurich)
Switzerland 9 contributions 13645 visits
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AIJA (Brussels)
Switzerland 2 contributions 1824 visits
I. Summary 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. II. Case 1. Parties Nikon AG, Switzerland («Defendant«). The Nikon Group organizes its sales in Europe through its own (...)

The EFTA Surveillance Authority fines a Norwegian ferry company for anti-competitive practices (Color Line)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220035 visits
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 (...)

The Spanish Competition Authority imposes fines on associations of producers and traders of fruits and vegetables (COAG Almería, ASAJA Almería and Alhondigas)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220035 visits
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 (...)

The Austrian Supreme Court hands down second ruling on non-compete clauses in rental contracts for commercial premises (Europark)
Van Bael & Bellis (Brussels)
Belgium 174 contributions 58276 visits
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 (...)

The French Competition Authority detects cartel of world four major detergent manufacturers and imposes fines amounting to € 368 000 000 (Unilever, Procter & Gamble, Henkel and Colgate Palmolive)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220035 visits
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 (...)

The Belgian Competition Council finds that a directive adopted by a professional association imposing a maximum fee for a specific service constitutes an infringement by object of the Belgian Competition Act, but decides not to impose a fine, merely a publication obligation (National Chamber of Bailiffs)
McDermott Will & Emery (Brussels)
Belgium 50 contributions 9837 visits
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 (...)

The Lithuanian Competition Authority assesses the possibility of de facto termination of an agreement under Art. 101 of the TFEU (Lithuanian Shipbrokers and Agents Association)
Klavins Ellex
Lithuania 1 contribution 110 visits
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 (Unilever / Procter & Gamble / Henkel / Colgate Palmolive)
EDHEC (Lille)
France 12 contributions 8178 visits
The French Competition authority fines the four major laundry detergent manufacturers for violating cartel legislation. Summary The French competition authority has fined a cartel between Unilever, Procter & Gamble, Henkel and Colgate Palmolive for a total amount of €367.9 million (...)

The EU Court of Justice upholds General Court judgment in copper industrial and plumbing tubes cartel cases (KME / Chalkor)
Van Bael & Bellis (Brussels)
Belgium 389 contributions 94713 visits
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 (...)

The Lithuanian Competition Council fines ship agency companies and the shipbrokers and agents association for concluding prohibited agreement in the market of ship agency services (Lithuanian Shipbrokers and Agents Association)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220035 visits
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 (...)

The Moldovan Supreme Court of Justices quashes two infringement decisions of the Competition Authority on concerted practices in the market for retail trade in oil derivatives due to lack of evidence (Petrom / Lukoil)
University of Macau - Faculty of Law
China 284 contributions 226059 visits
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 (...)

The European Commission fines producers of refrigeration compressors € 161 million in fifth cartel settlement (Producers of household and commercial refrigeration compressors)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220035 visits
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). (...)

The EU Commission opens formal proceedings to investigate alleged anti-competitive practices by five major international publishers in the e-book sales sector (Hachette Livre /Harper Collins / Simon & Schuster / Penguin / Verlagsgruppe Georg von Holzbrinck)
Sidley Austin (Brussels)
Belgium 6 contributions 2408 visits
Is Apple forcing customers to pay more for e-books? - Global developments in the alleged e-book price-fixing case* European investigations On December 6, 2011 the European Commission announced that it opened formal proceedings to examine whether five major international publishers (...)

The EU Commission opens an investigation into alleged anticompetitive practices by five EU and US publishers (Hachette Livre /Harper Collins / Simon & Schuster / Penguin / Verlagsgruppe Georg von Holzbrinck)
Ashurst (Milan)
Italy 103 contributions 30051 visits
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 (...)

The Austrian Supreme Court questions the possibility of imposing fines for a breach of the merger notification obligation or for participation in a nation-wide price-fixing cartel in case of an unobjectionable error regarding the lawfulness of the conduct (Schenker)
European Court of Justice (Luxembourg)
Luxembourg 23 contributions 29980 visits
1. Introduction 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 (...)

The Austrian Competition Authority asks European Court of Justice for ruling in freight forwarding cartel case (SSK)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220035 visits
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 (...)

The US District Court for the District of Idaho denies a motion to dismiss an antitrust conspiracy claims of increasing prices and of price fixing despite the potato grower cooperatives asserting that the concerted action was permissible (Fresh and Process Potatoes)
McDermott Will & Emery (Washington)
United States 36 contributions 6144 visits
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 (...)

The Spanish Competition Authority imposes fines on cartel of manufacturers and traders of fruits and vegetables containers (Infia, Linpac Ilpa and Veripack)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220035 visits
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 (...)

The US District Court for the District of Idaho denies motion to dismiss antitrust conspiracy claims against potato grower cooperatives in US several states (In re Fresh and Process Potatoes Antitrust Litigation)
Wells Frago (Charlotte)
United States 1 contribution 325 visits
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Office of the New York State Attorney General (New York)
United States 2 contributions 744 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., (...)

A US District Court denies a motion to dismiss antitrust conspiracy claims against potato grower cooperatives in several states (Fresh and Process Potatoes)
Sheppard Mullin (Los Angeles)
United States 46 contributions 8010 visits
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 (...)

The Athens Civil Court of Appeal dismisses an obligation to enter into a contract in the case of anticompetitive practices
Mikroulea, Staikouras & Associates (Athens)
Greece 12 contributions 6997 visits
Introduction 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. (...)

Unilateral Practices

 The Chinese Ministry of Information and Industry Technology promulgates the provisions on regulating the market order of internet information services
University of Melbourne
Australia 103 contributions 29667 visits
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China Competition Bulletin (Beijing)
China 101 contributions 26620 visits
,
Institute of American Studies (Beijing)
China 52 contributions 15435 visits
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 (...)

The Turkish Competition Authority rejects the claims of predatory pricing and abuse of regulatory procedures in the market for domestic and international flights (Turkish Airlines / Pegasus)
Ankara Hacı Bayram Veli University
Turkey 31 contributions 12104 visits
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, (...)

The Slovakian Competition Authority fines electricity distribution company for abuse of a dominant position by charging excessive prices for electricity metering (ZSE)
European Union Agency for the Cooperation of Energy Regulators (ACER) (Ljubljana)
Slovenia 7 contributions 3959 visits
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Kinstellar (Bratislava)
Slovakia 3 contributions 748 visits
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 (...)

The Regional Administrative Court of Lazio confirms a fine imposed by the Italian NCA against the construction market leader for abuse of dominant position in the plasterboard market (Mercato del Cartongesso / Saint-Gobain)
Economisti Associati (Bologna)
Italy 4 contributions 3167 visits
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CDC Cartel Damage Claims (Paris)
France 20 contributions 3429 visits
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 (...)

The Competition Authority of Bosnia & Herzegovina finds abuse of dominant position on the market for computer reservations systems (Amadeus)
University of Macau - Faculty of Law
China 284 contributions 226059 visits
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 (...)

The Danish Competition Authority decides on a case concerning the application by Copenhagen airport of dissimilar conditions to equivalent transactions (CPH Go)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220035 visits
Denmark: Terms of Use for Low Cost Facility at Copenhagen Airport found Discriminatory* 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 (...)

The German Higher Regional Court of Dusseldorf dismisses repair shop action over the right to be admitted to a car manufacturer’s authorised repair network (MAN)
Van Bael & Bellis (Brussels)
Belgium 174 contributions 58276 visits
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 French Competition Authority renders legally binding commitments offered by leading retailer to remedy competition concerns on the retail distribution sector (Carrefour Market)
French Competition Authority (Paris)
France 747 contributions 408020 visits
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 Chinese Intermediate Court dismisses antitrust claims for failing to prove abusive conduct in the car aftermarket (Dongfeng Nissan case)
Institute of American Studies (Beijing)
China 52 contributions 15435 visits
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 (...)

The EU Commission market tests international multimedia news agency’s commitments on its licensing practices (Thomson Reuters)
Van Bael & Bellis (Brussels)
Belgium 191 contributions 66777 visits
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 fines the postal incumbent for foreclosing competitors from the markets for added value postal services (Poste Italiane)
Municipality of Cagliari
168 contributions 134099 visits
Introduction 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 (...)

The Italian Competition Authority finds that a company majority-owned by the two leading TV players abused of its dominant position by refusing to improve and adapt its research methodologies (Sky Italia / Auditel)
Gatti Pavesi Bianchi Ludovici (Milan)
Italy 10 contributions 3097 visits
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 (...)

The Italian Antitrust Authority fines national postal incumbent for abuse of dominant position (Post / Poste Italiane)
Luiss Guido Carli University (Rome)
Italy 2 contributions 929 visits
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European Central Bank (Frankfurt)
Germany 2 contributions 929 visits
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 (...)

The Italian Competition Authority fines the incumbent gas service supplier for refusing to provide the cities of Rome and Todi with the information required to prepare contract notices for the tendering of gas distribution services (Comuni vari / espletamento gare affidamento servizio distribuzione gas)
Italy 2 contributions 768 visits
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 (...)

The Italian Competition Authority fines the national incumbent in the postal services for a violation of Art. 102 TFEU (Poste Italiane)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220035 visits
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 Japan Fair Trade Commission issues a cease and desist order and imposes a surcharge payment on a toy and juvenile-products retailer for having abused its superior bargaining position (Toys“R”Us-Japan)
Japan Fair Trade Commission (Tokyo)
Japan 140 contributions 24827 visits
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) (...)

The EU Commission adopts a commitment decision concerning the aftermarket for IT company mainframe maintenance (IBM)
European Commission - DG Employment, Social Affairs and Inclusion (Brussels)
Belgium 3 contributions 1315 visits
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Italian representation to the EU (Brussels)
Belgium 1 contribution 477 visits
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 (...)

The Danish Competition Appeals Tribunal partially annuls findings of abuse for loyalty rebates implemented by national postal service provider (Post Danmark)
Van Bael & Bellis (Brussels)
Belgium 191 contributions 66777 visits
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 (...)

A Swedish Court orders a telecoms operator to pay a fine of approximately € 15 000 000 for abuse of dominance (Telia Sonera)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220035 visits
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 (...)

The Chinese National Development and Reform Commission’s investigates alleged discriminatory pricing of network access fees (China Telecom and China Unicom)
University of Melbourne
Australia 103 contributions 29667 visits
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China Competition Bulletin (Beijing)
China 101 contributions 26620 visits
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Institute of American Studies (Beijing)
China 52 contributions 15435 visits
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 (...)

Mergers

 The Spanish Competition Authority clears, subject to commitments, merger in the credit card terminal sector (Verifone / Hypercom)
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 47035 visits
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 (...)

The Chinese MOFCOM sets down procedures to investigate and penalize companies for failure to notify notifiable transactions in violation of the Anti-Monopoly Law
King & Wood Mallesons (Beijing)
China 36 contributions 23454 visits
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 Turkish Competition Authority unconditionally clears the acquisition of the hard disk drive business of a leading IT company (Seagate/Samsung)
Erdem & Erdem (Istanbul)
Turkey 67 contributions 75980 visits
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 (...)

The Spanish Competition Authority clears a merger in the electronic payment terminals sector following the agreement by the merging entities to extend remedies beyond Spain (Verifone / Hypercom)
Van Bael & Bellis (Brussels)
Belgium 227 contributions 72535 visits
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 (...)

The Belgian Competition Council conditionally clears acquisition by a telecom operator of a specialized retail chain (Belgacom / The Phone House)
Van Bael & Bellis (Brussels)
Belgium 163 contributions 55978 visits
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 (...)

The Belgium Competition Council clears the acquisition by the national incumbent telecom provider of the last remaining multibrand distributor after a second phase investigation (Belgacom / Wireless Technologies)
Baker McKenzie (Brussels)
Belgium 6 contributions 4020 visits
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Liedekerke Wolters Waelbroeck Kirkpatrick (Brussels)
Belgium 3 contributions 378 visits
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 (...)

The US DoJ conditionally approves a combination of stock exchange groups while the EU Commission’s review is still pending (NYSE Euronext / Deutsche Börse)
Wolters Kluwer (Riverwoods)
United States 78 contributions 39122 visits
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 (...)

The European Commission clears acquisition in the logistics and transportation industry (Wincanton International / Rhenus)
Van Bael & Bellis (Brussels)
Belgium 227 contributions 72535 visits
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, (...)

The US DoJ litigates to block a proposed acquisition in the mobile telecommunications industry (AT&T / T-Mobile)
Gibson Dunn (New York)
United States 20 contributions 11484 visits
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 (...)

The US DoJ issues statements regarding the abandonment of a proposed acquisition in the mobile wireless telecommunications industry (AT&T / T-Mobile)
University of California (Berkeley)
United States 3 contributions 1407 visits
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 DoJ takes action against CEO of cable television services company for failure to comply with HSR Act in connection with acquisition of vested shares (Roberts / Comcast)
Linklaters (New York)
United States 9 contributions 1551 visits
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Linklaters (Washington)
United States 5 contributions 5664 visits
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Linklaters (New York)
United States 3 contributions 494 visits
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 (...)

The Slovak Antimonopoly Office approved a joint venture in the chemical sector (Henkel/Tiande)
Havel and Partners (Brno)
Czech Republic 10 contributions 3721 visits
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Government of Slovakia (Bratislava)
Slovakia 3 contributions 554 visits
Relevant facts 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 Brazilian Competition Authority imposes conditions on merger to create the largest airline in Latin America (TAM and LAN Airlines/Latam Airlines Group)
Lefosse Advogados (São Paulo)
Brazil 2 contributions 812 visits
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Azevedo Sette Advogados (Belo Horizonte)
Brazil 1 contribution 356 visits
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 (...)

The Japan Fair Trade Commission clears a merger, subject to remedies, in the manufacture and sale of steel products market (Nippon Steel / Sumitomo Metal Industries)
Japan Fair Trade Commission (Tokyo)
Japan 140 contributions 24827 visits
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 (...)

The Italian Competition Authority imposes far-reaching undertakings on the merging parties as a condition for the clearance of the acquisition of control over the largest independent operator in the infrastructure sector for TV, radio and telecommunications networks (Digital Multimedia Technologies / Elettronica Industriale)
Gatti Pavesi Bianchi Ludovici (Milan)
Italy 10 contributions 3097 visits
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 (...)

The French competition authority clears, subject to conditions, the acquisition of one of its main competitors by a major French spirits manufacturer after in-depth investigation (Compagnie Financière de Prise de Participations / Quartier Français Spiritueux)
Herbert Smith Freehills (Paris)
France 101 contributions 46778 visits
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Hewlett Packard (Geneva)
8 contributions 6355 visits
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 Chinese MOFCOM conditionally approves a merger between two leading hard drive disks manufacturers (Seagate / Samsung)
Jones Day (Shanghai)
China 51 contributions 24065 visits
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Gibson Dunn (Hong Kong)
Hong Kong 26 contributions 12223 visits
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Jones Day (Beijing)
China 44 contributions 21046 visits
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 (...)

The Chinese MOFCOM conditionally approves the acquisition of the HDD business of a South Korean electronics company by a US competitor (Seagate / Samsung)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 20 contributions 12676 visits
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Skadden, Arps, Slate, Meagher & Flom (Hong Kong)
China 7 contributions 2391 visits
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 (...)

The French Competition Authority clears a merger in the maritime transport sector (DFDS / SeaFrance and LD Lines)
French Competition Authority (Paris)
France 747 contributions 408020 visits
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 (...)

The Chinese MOFCOM passes provisional rule on failure to notify concentrations
King & Wood Mallesons (Beijing)
China 36 contributions 23454 visits
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 (...)

The German Federal Court of Justice rules on appeal against a decision prohibiting a petrol station deal (Total / OMV)
Van Bael & Bellis (Brussels)
Belgium 227 contributions 72535 visits
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 (...)

The UK Competition Authority formally clears the acquisition in the frozen ready meal businenss as customers were found to have shifted significant volumes to alternative suppliers following the completed acquisition (The Kerry / Headland)
Charles River Associates International (CRA) (London)
United Kingdom 2 contributions 198 visits
This article is the winner of the 2013 Antitrust Writing Awards, Business Category, Economics section. Sponsored Entry* Some mergers materially reduce the choice of suppliers available to customers. When this happens, how much weight should competition authorities give to the potential (...)

The U.S. DoJ closes its investigation and gives green light to $400 M acquisition in the advertising display industry (Google / Admeld)
Sidley Austin (Brussels)
Belgium 6 contributions 2408 visits
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 French Competition Authority clears a merger in the e-commerce sector (Altarea / Rue du commerce)
French Competition Authority (Paris)
France 747 contributions 408020 visits
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 (...)

The Brazilian Parliament approves new competition law subject to prior significant vetoes
Milbank (New York)
United States 6 contributions 1555 visits
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Jones Day (Sao Paulo)
Brazil 3 contributions 459 visits
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Jones Day (New York)
United States 3 contributions 459 visits
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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, (...)

State Aid

 The Danish Competition Authority decides that State aid granted by a municipality to a supermarket by renting out land on favourable terms restricts competition (Furesø)
Danish Competition and Consumer Authority (Copenhagen)
Denmark 133 contributions 36262 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. In (...)

The EU Commission adopts State aid rules for services of general economic interest (SGEI)
European Commission - DG COMP (Brussels)
Belgium 13 contributions 27195 visits
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European Commission - DG COMP (Brussels)
Belgium 6 contributions 1549 visits
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European Commission - DG COMP (Brussels)
Belgium 4 contributions 2949 visits
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"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 EU Commission adopts a new package of State aid rules for services of general economic interest (SGEI)
European Commission - DG COMP (Brussels)
Belgium 13 contributions 27195 visits
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European Commission - DG COMP (Brussels)
Belgium 6 contributions 1549 visits
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European Commission - DG COMP (Brussels)
Belgium 4 contributions 2949 visits
…
"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 (...)

The EU Commission approves the liquidation plan submitted by the German government for a commercial bank (WestLB)
European Commission - DG COMP (Brussels)
Belgium 9 contributions 4775 visits
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European Commission - DG COMP (Brussels)
Belgium 3 contributions 1474 visits
"WestLB liquidation – the end of the saga"* 1. Introduction 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 (...)

The EU Commission adopts a legislative package on services of general economic interest which simplifies the procedure of automatic exemption to a larger number of services
McDermott Will & Emery (Paris)
France 136 contributions 68322 visits
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 (...)

The EU Court of Justice confirms Commission and General Court’s views on illegality of special tax regime applied to French telecom operator (France Télécom)
Van Bael & Bellis (Brussels)
Belgium 155 contributions 34877 visits
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 (...)

The EU Court of Justice clarifies that the Dutch Court must cancel an illegal guarantee covering a loan when such measure is the least onerous (Residex)
Van Bael & Bellis (Brussels)
Belgium 155 contributions 34877 visits
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 High Court holds that EU Union law governs the rules around interest to be paid on loans received as illegal State aid, forcing a steel producer to pay a compound interest rate (Celsa Atlantic)
Judicial Ethics Commission (Madrid)
Spain 39 contributions 2185 visits
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 (...)

Procedures

 The Belgian Constitutional Court issues its preliminary ruling with regards to antitrust investigations (Belgacom)
UGGC (Brussels)
Belgium 7 contributions 13823 visits
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Janson (Brussels)
Belgium 5 contributions 2685 visits
Introduction 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 (...)

The Belgian Constitutional Court rules on whether the Brussels Court of Appeal can review dawn raid procedures (Belgacom)
Sheppard Mullin (Brussels)
France 400 contributions 676336 visits
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White & Case (Brussels)
Belgium 35 contributions 13478 visits
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 (...)

The Italian Government attributes new powers to the Competition Authority
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220035 visits
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 Bulgarian Commission on Protection of Competition adopts guidelines on information sharing between competitors and updates guidelines on competition compliance of legislative acts
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220035 visits
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 (...)

The Belgian Competition Council adopts new fining guidelines
Court of First Instance of Namur (Namur)
Belgium 224 contributions 47334 visits
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 (...)

The Belgian Competition Council adopts new fining guidelines
Van Bael & Bellis (Brussels)
Belgium 14 contributions 1591 visits
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 Prime Minister approves amendment to the national Competition Act granting independence of its Competition Authority
Meta (Washington)
United States 11 contributions 5330 visits
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 (...)

The AG Kokott of the EU Court of Justice asserts the distinction between fair trade products and eco-products in relation to public procurement conditions (Netherlands Max Havelaar)
University of Amsterdam
Netherlands 7 contributions 1083 visits
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 EU General Court grants access by a private antitrust plaintiff to the Commission’s files in cartel proceedings (CDC Hydrogene Peroxide)
Jones Day (Dusseldorf)
Germany 19 contributions 6460 visits
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Jones Day (Frankfurt)
Germany 1 contribution 221 visits
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 (...)

The EU General Court considers the right of public access to documents in the context of cartel damages actions (CDC Hydrogene Peroxide)
Matrix Chambers (London)
United Kingdom 7 contributions 3612 visits
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 (...)

The EU Commission publishes a notice regarding commitments dealing with restrictions as regards licensing practices (Thomson Reuters)
Ashurst (Milan)
Italy 103 contributions 30051 visits
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 (...)

The U.S. Court of Appeals for the District of Columbia Circuit upholds FTC subpoena in investigation into bundling and exclusionary practices (Church & Dwight)
Skadden, Arps, Slate, Meagher & Flom (Washington)
United States 22 contributions 6827 visits
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Jones Day (Houston)
United States 35 contributions 15843 visits
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United States 23 contributions 11439 visits
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 EU Court of Justice upholds the judgments of the General Court and the Commissions decisions relating to the two cartels in the copper industrial and copper plumbing tubes sectors and confirms the unlimited jurisdiction of the Courts in relation to the amount of fines (Chalkor) (KME)
European Court of Justice (Luxembourg)
Luxembourg 331 contributions 109440 visits
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 (...)

The Hungarian Competition Authority adopts new notice on setting of fines in antitrust cases
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220035 visits
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 (...)

The US District Court for the District of Idaho issues an advisory opinion denying motion to dismiss antitrust conspiracy claims against potato grower cooperatives in US several states (In re Fresh and Process Potatoes Antitrust Litigation)
Cohen Milstein (New York)
United States 57 contributions 7554 visits
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Burns Charest (Washington)
United States 57 contributions 7554 visits
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 passes new amendments strengthening its fair trade law
Jones Day (Taipei)
Taiwan 1 contribution 104 visits
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Jones Day (Taipei)
Taiwan 1 contribution 104 visits
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 (...)

Regulatory

 The Spanish Competition Authority releases its decisive report on the measure proposed by the Telecommunications Market Commission on regulation of wholesale prices for call termination on mobile networks
IE Law School
Spain 12 contributions 3218 visits
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 (...)

The Chinese MOFCOM and the National Development and Reform Commission release a document regulating foreign investments
Covington & Burling (Shanghai)
China 1 contribution 44 visits
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Covington & Burling (Beijing)
China 9 contributions 493 visits
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 (...)

The French postal and telecommunications regulator (ARCEP) fines universal postal service provider for not providing an affordable service for the shipment of low-value objects weighing less than two kilograms (La Poste)
Sciences Po Paris
France 6 contributions 7048 visits
French regulators fine La Poste for not providing an affordable service for the shipment of low-value objects weighing less than two kilograms* MAIN INFORMATION On December 20, 2011, the Autorité de Régulation des Communications électroniques et de la Poste (ARCEP — French postal and (...)

The French Competition Authority issues an opinion on the installation of relay masts - mobile telephony
French Competition Authority (Paris)
France 747 contributions 408020 visits
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 (...)

The French Competition Authority issues an opinion in the context of the wholesale markets analysis of the new entrant and full MVNOs mobile voice call termination (Free Mobile, LycaMobile and Oméa Télécom)
French Competition Authority (Paris)
France 747 contributions 408020 visits
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 (...)

The UK OFGEM publishes proposals and draft impact assessments to enhance competition engagement in the retail energy market
University of East Anglia
United Kingdom 1 contribution 221 visits
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 (...)