December 2013

Anticompetitive practices

 The Polish competition authority strikes down bid-rigging practices in the agricultural sector (APA)
WKB Wierciński Kwieciński Baehr (Warsaw)
Poland 6 contributions 3104 visits
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Freshfields Bruckhaus Deringer (Brussels)
Belgium 6 contributions 1674 visits
In its decision of 31 December 2013 , the Polish competition authority (Urząd Ochrony Konkurencji i Konsumentów, the "UOKiK") reviewed a bid-rigging case involving three farmers who participated in a tender organised by the Agricultural Property Agency ("APA") to sell undeveloped agricultural (...)

The Polish Office of Competition and Consumer Protection fines one company for resale price maintenance on the ski equipment and accessories market (Sport & Freizeit)
WKB Wiercinski Kwiecinski Baehr (Poznan)
Poland 13 contributions 10136 visits
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WKB Wierciński Kwieciński Baehr (Warsaw)
Poland 1 contribution 357 visits
On 31 December 2013, the President of the Office of Competition and Consumer Protection (hereinafter “the OCCP President”) issued a decision concerning minimum resale price maintenance practices on the market of ski equipment and accessories in Poland (Decision No. DOK – 7/2013). Although the (...)

The Polish Competition Authority sanctions a brand watches distributor for fixing prices with its distributors (Anyro & Co)
Warsaw School of Economics
Pologne 2 contributions 467 visites
On 31 December 2013 the Polish Competition Authority (PCA) sanctioned brand watches wholesale and retail distributor Anyro & Co for unlawful fixing with its distributors of minimum prices offered to consumers by retail sellers . The decision is interconnected with the other one not only (...)

The Polish Competition Authority sanctions brand watches distributor for fixing prices with its distributors (PHU Jubiler)
Warsaw School of Economics
Pologne 2 contributions 467 visites
On 31 December 2013 the Polish Competition Authority (PCA) sanctioned brand watches importer and distributor PHU Jubiler for unlawful fixing with its distributors of minimum prices offered to consumers by retail sellers. The amount of fine reached almost 1 mln PLN (expressis verbis 819,496.16 (...)

The Slovakian Supreme Court upholds decisions of antimonopoly office in construction cartel case (Strabag / Doprastav)
European Commission (Brussels)
Belgium 719 contributions 190206 visits
Slovakia: The Supreme Court upholds Decisions of Antimonopoly Office in Construction Cartel Case* On 30 December 2013, the Supreme Court of the Slovak Republic (Supreme Court) annulled the judgment of the Regional Court Bratislava, which in December 2008 had annulled the decisions of the (...)

The Central London County Court confirms that land agreements are no longer beyond the reach of competition law, while considering its application in respect of a letting scheme imposing restrictions on use (Martin Retail Group / Crawley Borough Council)
London School of Economics and Political Science
Royaume-Uni 4 contributions 1281 visites
Competition law and covenants restrictive of land use* Covenants restricting use of land to particular commercial purposes are commonplace. Until recently, the potential for competition law to regulate them was limited, because “land agreements” were excluded from the reach of the Chapter I (...)

The Russian Competition Authority reminds that a bid-rigging can be punished by criminal sanctions (TD DMP / Aquaresource-DV / PRK)
Russian Federal Antimonopoly Service (Moscow)
France 254 contributions 26211 visits
Primorie OFAS Russia: bid-rigging can be punished by criminal sanctions* On 23rd December 2013, the Investigation Department of the Investigation Committee of the Russian Federation in the Primorie region initiated a criminal case upon corpus delicti specified in Part 2 Article 178 of the (...)

The Lithuanian Competition Council closes an investigation on the suspected anti-competitive agreement between the members of the national guild of breweries
Lithuanian Competition Authority (Vilnius)
Lithuania 48 contributions 7070 visits
Competition council closes investigation on suspected anti-competitive agreement between brewers* On December 23 The Competition Council (the Council) closed an investigation on the suspected anti-competitive agreement between the members of the Lithuanian Guild of Breweries. According to the (...)

The German Competition Authority discontinues proceedings against an appliance manufacturer following the manufacturer’s decision to apply the same rebates for brick-and-mortar and online sales (Bosch Siemens Hausgeräte)
German Competition Authority (Bonn)
Germany 272 contributions 51280 visits
Household appliance manufacturer Bosch Siemens Hausgeräte GmbH abandons anti-competitive rebate system* Bonn, 23 December 2013: As of 2014, the manufacturer of household appliances Bosch Siemens Hausgeräte GmbH will discontinue its system of performance rebates introduced on 1 January 2013. The (...)

An Israeli Criminal Court convicts for the first time defendants in antitrust case for attempting to engage in illegal vertical restrictive arrangements and for violating merger conditions (Shufersal)
Eshel, Ashlagi, Rozent Law Offices (Tel Aviv)
Israël 7 contributions 2171 visites
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Eshel, Ashlagi, Rozent Law Offices (Tel Aviv)
Israël 5 contributions 899 visites
On December 23, 2013, The Israeli District Court of the City of Jerusalem found the company operating the leading nationwide supermarket chain in Israel - Shufersal Ltd. ("Shufersal"), its CEO, Mr. Ephraim (Effie) Rosenhaus ("Rosenhaus") and its Deputy VP Commerce and Marketing, Mr. Eliezer (...)

The New Zealand Competition Authority commences proceedings in relation to an Auckland timber cartel (Carter Holt Harvey / Fletcher)
New Zealand Commerce Commission
New Zealand 33 contributions 3519 visits
Press releases published on New Zealand Commerce Commission Commission commences proceedings in relation to Auckland timber cartel* The Commerce Commission has today filed proceedings in the High Court against Carter Holt Harvey Limited for price fixing in the Auckland timber market. Carter (...)

The German Competition Authority issues a press release concerning its decision to prohibit a hotel booking portal from continuing to apply its “best price” clause (HRS / Expedia / Booking.com)
Ashurst (Milan)
United States 94 contributions 20368 visits
German Federal Cartel Office bans use of MFN clauses by HRS and opens new proceedings against Booking.com and Expedia* On 20 December 2013, Germany’s Federal Cartel Office (“FCO”) issued a press release concerning its decision to prohibit the hotel booking portal HRS from continuing to apply its (...)

The German Competition Authority forbids the application of a most favoured nation clause and orders its removal from the contracts between hotels and booking portals (HRS / Expedia / Booking.com)
German Competition Authority (Bonn)
Germany 272 contributions 51280 visits
Online hotel portal HRS’s ’best price’ clause violates competition law – Proceedings also initiated against other hotel portals* Bonn, 20 December 2013: Today the Bundeskartellamt prohibited HRS from continuing to apply its ’best price’ clause (most favoured nation clause) and ordered the company to (...)

The UK Competition Authority opens a consultation on the revised commitments proposed by online travel agencies in relation to rebates (Booking.com / Expedia)
Ashurst (Milan)
United States 94 contributions 20368 visits
UK OFT weighs revised commitments in the online hotel accommodation bookings* On 20 December 2013, the United Kingdom’s Office of Fair Trading (“OFT”) opened a consultation on the revised commitments proposed by Booking.com B.V. (“Booking.com”), Expedia Inc (“Expedia”) and InterContinental Hotels (...)

The Czech Administrative Supreme Court deals with succession of liability for competition law offences (Sokolovska uhelna)
Skils (Prague)
Czech Republic 31 contributions 23980 visits
On 30 December 2013, the Supreme Administrative Court cancelled the judgment of Regional Court in Brno (as well as the preceding decision of the Chairman of the Czech Office for protection of competition) in the case regarding anticompetitive export prohibitions included in agreements between a (...)

The Dutch Supreme Court confirms that extending the nullity coming from an exclusive purchase clause to the entirety of an agreement would lead to undertakings in the filling station sectors to lose all of their rights under the exploitation agreement (BP / Benschop)
Maastricht University
Pays-Bas 4 contributions 1861 visites
Case summary An exploitation agreement for a filling station contained an exclusive purchase clause which infringed Article 6 Dutch Competition Act, the national equivalent of Article 101 TFEU. The Court of Appeal decided that only the exclusive purchase clause was void; the voidness did not (...)

The French Competition Authority publishes opinion on medicinal distribution sector
European Commission (Brussels)
Belgium 719 contributions 190206 visits
France: The Autorité de la concurrence publishes Opinion on Medicinal Distribution Sector* In February 2013, the Autorité de la concurrence (the Autorité) launched a vast sector inquiry in order to examine the competitive factors at play throughout the distribution chain for medicinal products. (...)

The New Zealand Commission releases data on interchange and credit card settlements
New Zealand Commerce Commission
New Zealand 33 contributions 3519 visits
Commerce Commission releases data on interchange and credit card settlements* The Commission today released its ‘Evaluation of the 2009 interchange and credit card settlements’. This paper outlines the agreement the Commission reached with banks and financial institutions in relation to the (...)

The Australian Federal Court orders by consent the payment of $2.2 million in penalties for engaging in resale price maintenance for branded air conditioning products (Mitsubishi Electric)
Australian Competition and Consumer Commission (Canberra)
Australia 139 contributions 14275 visits
Mitsubishi Electric Australia to pay $2.2 million for resale price maintenance* The Federal Court of Australia has ordered by consent that Mitsubishi Electric Australia Pty Ltd (Mitsubishi Electric) pay $2.2 million in penalties for engaging in resale price maintenance. Resale price (...)

The Swiss Federal Administrative Court upholds fines imposed by the Competition Authority to a toothpaste manufacturer and licensor and its distributor and licensee for prohibiting parallel imports from Austria to Switzerland (Gaba International)
Bourgeois Avocats (Lausanne)
Suisse 3 contributions 978 visites
Background and Court decision Back in 2009, the Swiss Competition Commission (COMCO) hit Gaba International AG – an undertaking part of the Colgate-Palmolive Group and manufacturer of the toothpaste brands Elmex and Meridol – with a CHF 4.8 mio (about EUR 3.9 mio) fine for restricting passive (...)

The EU Court of Justice dismisses appeals brought against the GIS cartel case (Siemens, Mitsubishi Electric, Toshiba)
Van Bael & Bellis (Brussels)
Belgium 25 contributions 18838 visits
ECJ dismisses appeals by Siemens, Toshiba and Mitsubishi in gas insulated switchgear cartel case* On 19 December 2013, the European Court of Justice (“ECJ”) handed down a judgment dismissing appeals by Siemens AG, Toshiba Corp. and Mitsubishi Electric Corp. against earlier judgments of the (...)

The Danish Competition Authority accepts commitments concerning information exchange that might facilitate anticompetitive practices in the construction sector (Danish Construction Association)
Danish Competition and Consumer Authority (Copenhagen)
Denmark 86 contributions 17329 visits
Competition Council accepts commitments from The Danish Construction Association regarding exchange of information agreement* On 18 December 2013 the Danish Competition Council (DCC) accepted commitments from the Danish Construction Association regarding concerns that an exchange of (...)

The Bulgarian Commission on Protection of Competition proposes abolition of anticompetitive regulations on production and sale of wood
European Commission (Brussels)
Belgium 719 contributions 190206 visits
Bulgaria: The Commission on Protection of Competition proposes Abolition of anticompetitive Regulations on Production and Sale of Wood* On 18 December 2013, the Commission on Protection of Competition (CPC) adopted an ex-officio opinion on the compliance of the legal framework regulating the (...)

The Danish Competition Authority finds a price fixing agreement in the real estate sector to constitute a serious violation of the competition act and orders an injunction against setting and advertising a fixed price (BoligOne)
Danish Competition and Consumer Authority (Copenhagen)
Denmark 86 contributions 17329 visits
Anti-Competitive Price Fixing Agreement in the Real Estate Business* A small cooperative chain of independent real estate agents – BoligOne – had notified their commercialization agreement to the Danish Competition and Consumer Authority. According to the agreement, the parties had i.a. agreed (...)

The Düsseldorf Regional Court dismisses damages action against cement cartel
Deutsche Bahn (Berlin)
Germany 1 contribution 206 visits
On 17 December 2013, the Düsseldorf Regional Court dismissed a follow-on cartel damages action in a case that had been widely noticed and discussed among German lawyers over the past nine years. Should the judgment be confirmed on appeal, claimants might find it more difficult to get (...)

The Polish competition authority fines three manufacturers of chemical products used in coal mining for price fixing, market sharing and bid-rigging (Minova Ekochem / Carbotech-Polonia / A. Weber / GSG Mining Systems / Schaum-Chemie Mikołów)
Dentons (Warsaw)
Poland 5 contributions 5388 visits
In 2011 the UOKiK Chairperson initiated exploratory proceedings regarding possible antitrust infringements in the market for the production and sale of chemical products used in coal mining. The UOKiK investigation was based on information passed to it by the prosecutor’s office regarding (...)

The Competition Commission of Singapore issues first proposed infringement decision in relation to an international cartel (Ball and roller bearings manufacturers)
BHP Billiton (Singapore)
Singapore 11 contributions 7402 visits
On 16 December 2013, the CCS issued a media release stating that a Proposed Infringement Decision (the “PID”) had been issued against four Japanese bearings manufacturers and their Singapore subsidiaries (the “Parties”) pursuant to the Singapore Competition Act, Chapter 50B (the “Act”). The CCS has (...)

The Australian Competition and Consumer Commission accepts the amended undertaking lodged by the national broadband network owner (NBN)
Australian Competition and Consumer Commission (Canberra)
Australia 139 contributions 14275 visits
ACCC accepts NBN Co Special Access Undertaking* The Australian Competition and Consumer Commission has accepted the varied Special Access Undertaking (SAU) lodged by NBN Co on 19 November 2013. The varied SAU incorporates all of the changes in the ACCC’s notice to vary and replaces the (...)

The Lithuanian Competition Council closes an investigation and accepts remedies on vertical restraints implemented by several pharmaceutical undertakings and gives a recommendation to the Ministry of Health on ways to promote parallel imports of pharmaceuticals
Max Planck Institute for Innovation and Competition (Munich)
Germany 18 contributions 3355 visits
On 21 July 2011 the Competition Council terminated the investigation on compliance of actions of several pharmaceutical undertakings with Article 5 of the Law on Competition and Article 101 TFEU by accepting commitments (Article 30(2) point 2 [now Article 28(3) point 2] of the Law on (...)

The Australian Competition Authority takes action against alleged cartel conduct relating to the supply of ball and roller bearings for use in motor vehicles and industrial applications (NSK)
Australian Competition and Consumer Commission (Canberra)
Australia 139 contributions 14275 visits
ACCC takes action against NSK for alleged cartel conduct* The Australian Competition and Consumer Commission has instituted proceedings in the Federal Court, Sydney, against NSK Australia Pty Ltd (NSK) for alleged cartel conduct relating to the supply of ball and roller bearings for use in (...)

The Polish Court of Competition and Consumer Protection upholds the Competition Authority’s decision in cement cartel case (Górażdże Cement)
European Commission (Brussels)
Belgium 719 contributions 190206 visits
Poland: The Court of Competition and Consumer Protection upholds UOKiK’s Decision in Cement Cartel Case* On 13 December 2013, the Court of Competition and Consumer Protection (SOKiK) confirmed the decision of the President of the Office of Competition and Consumer Protection (UOKiK) uncovering (...)

The US District Court for the Eastern District of New York approves the proposed class action settlement of the antitrust suit over swipe fees (Visa / MasterCard)
Manatt, Phelps & Phillips LLP (Los Angeles)
United States 1 contribution 186 visits
Swipe Fee Settlement Yields More Litigation* Although the parties reached a $7.25 billion class action settlement of the antitrust suit brought by merchants against Visa and MasterCard over swipe fees, the case is far from over. The protracted legal battle centers on allegations by (...)

The Australian Competition and Consumer Commission proposes to grant authorisation to eight regional councils to enable them to jointly tender for waste collection services, and recyclables and organic waste processing services (New South Wales)
Australian Competition and Consumer Commission (Canberra)
Australia 139 contributions 14275 visits
ACCC proposes to grant authorisation to eight regional councils in NSW for joint tender for waste services* The Australian Competition and Consumer Commission has issued a draft determination proposing to grant authorisation to eight regional councils in NSW to enable them to jointly tender (...)

The Australian Competition and Consumer Commission proposes the re-authorisation of a professional conduct regime (RCSA)
Australian Competition and Consumer Commission (Canberra)
Australia 139 contributions 14275 visits
ACCC proposes to grant authorisation to the Recruitment and Consulting Services Association’s Professional Conduct Regime* The Australian Competition and Consumer Commission has issued a draft determination proposing to re-authorise the Recruitment and Consulting Services Association’s (RCSA) (...)

The Australian Competition Authority proposes to authorise collective bargaining arrangements advanced by a number of specific suppliers of wagering services, energy services and insurance (Clubs Australia)
Australian Competition and Consumer Commission (Canberra)
Australia 139 contributions 14275 visits
ACCC proposes to authorise Clubs Australia’s collective bargaining arrangements* The Australian Competition and Consumer Commission proposes to authorise collective bargaining arrangements put forward by Clubs Australia for five years. Clubs Australia, representing 6,500 licensed clubs across (...)

The Australian Competition and Consumer Commission proposes to grant authorisation to enable a chain of up-market department stores to continue to invite certain businesses to participate in various promotions (Myer)
Australian Competition and Consumer Commission (Canberra)
Australia 139 contributions 14275 visits
ACCC proposes to grant authorisation to Myer* The Australian Competition and Consumer Commission has issued a draft determination proposing to grant authorisation to Myer to enable it to continue to invite certain businesses operating within Myer Stores to participate in various promotions. (...)

The Hungarian Competition Authority fines eleven undertakings engaged in a cartel on the stationary products market (Budapiért / Gyárt-ker / I-COM Iroda-Kommunikáció)
Hungarian Competition Authority (Budapest)
Hungary 47 contributions 7641 visits
The GVH has imposed fines of over HUF 1 billion on eleven undertakings engaged in a cartel on the stationary products market* The Hungarian Competition Authority (Gazdasági Versenyhivatal - GVH) found in its decision of 12 December 2013 that six stationary distributor undertakings had concluded (...)

The Australian Competition and Consumer Commission files civil proceedings against a cartel that allegedly denied the benefits of lower prices for laundry detergent products to the consumers (Woolworths)
Australian Competition and Consumer Commission (Canberra)
Australia 139 contributions 14275 visits
ACCC takes action against alleged laundry detergent cartel* The Australian Competition and Consumer Commission has filed civil proceedings, in the Sydney registry of the Federal Court of Australia, in relation to an alleged cartel that the ACCC alleges denied Australian consumers the benefits (...)

The Australian Competition and Consumer Commission issues a draft determination proposing to allow a collective bargain with office products suppliers (Office Choice)
Australian Competition and Consumer Commission (Canberra)
Australia 139 contributions 14275 visits
ACCC proposes to reauthorise collective bargaining by office products retailers group* The Australian Competition and Consumer Commission has issued a draft determination proposing to allow Office Choice Limited, Office Brands Limited, Office Products Depot and their current and future (...)

The Australian Competition Authority publishes report on the prices, costs and profits of unleaded petrol
Australian Competition and Consumer Commission (Canberra)
Australia 139 contributions 14274 visits
ACCC Petrol Report shows prices still high despite global weakness* The Australian Competition and Consumer Commission has released its 2013 report on the prices, costs and profits of unleaded petrol in Australia. “The report shows that international prices and domestic fuel taxes are the key (...)

The EU Commission imposes fines of €16 million on pharmaceutical companies for delaying market entry of generic pain-killer (Johnson & Johnson / Novartis)
European Commission (Brussels)
Belgium 719 contributions 190206 visits
European Commission imposes Fines of € 16 000 000 on Johnson & Johnson and Novartis for delaying Market Entry of generic Pain-Killer Fentanyl* On 10 December 2013, the European Commission imposed fines of € 10 798 000 on the US pharmaceutical company Johnson & Johnson (J&J) and € 5 (...)

The Italian Competition Authority opens an investigation for collusive tendering against 23 Italian companies providing tv broadcasting post-production services (RAI)
Chiomenti (Milano)
Italy 6 contributions 1683 visits
On 10 December 2013, the Italian Competition Authority (Autorità Garante della Concorrenza e del Mercato, the “Authority”) opened an investigation against 23 Italian companies for an alleged collusive tendering within 20 calls for tenders convened by RAI – Radiotelevisione Italiana S.p.A. (the (...)

The Danish Competition Appeals Tribunal confirms decision concerning refusal of supply and restrictions to parallel trade within the railway engine spare part sector (Deutz)
Danish Competition and Consumer Authority (Copenhagen)
Danemark 40 contributions 72053 visites
On 9 December 2013, Danish Competition Appeals Tribunal (“DCAT”) confirmed the decision of the Danish Competition Council (“DCC”) of 12 June 2013, in which the German manufacture of industrial engines Deutz AG (“Deutz”) and their exclusive dealer in Scandinavia, Diesel Motor Nordic A/S (“Diesel Motor (...)

The EU Commission publishes its fourth report on the monitoring of patent settlements in Europe
White & Case (Brussels)
Belgium 45 contributions 42387 visits
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White & Case (Brussels)
Belgium 8 contributions 5545 visits
This article has been nominated for the 2014 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Executive Summary On 9 December 2013, DG Comp published its fourth report on the monitoring in Europe of patent settlements. Like its predecessors, the report (...)

The Canadian Competition Tribunal denies leave to merchant to bring price maintenance application challenging wholesale pricing structure for tobacco products (Safa Enterprises / Imperial Tobacco)
Cassels Brock (Toronto)
Canada 19 contributions 3375 visits
Tobacco price maintenance case goes up in smoke* A Vancouver convenience store operator’s attempt to force Imperial Tobacco to offer it lower prices was filtered out by the Competition Tribunal. Safa Enterprises Inc. operates “My Convenience Store”. Its competitor, New Hasty Market, pays less (...)

The US District Court for the District of Puerto Rico sentences former president of a freight transportation company to 5 years in prison and $25,000 fine for his role in the company’s price-fixing case (USA / Peake)
McDermott Will & Emery (Washington)
États-Unis 7 contributions 263 visites
On December 6, 2013, Frank Peake, former president of Sea Star Line LLC, was sentenced to five years in prison and ordered to pay a $25,000 fine for his role in fixing prices for rates and surcharges for freight transportation in coastal waters between the United States and Puerto Rico. The (...)

The Australian Federal Court finds that a travel agent attempted to induce certain airlines to make collusive arrangements with it in relation to retail air fares for international air travel (Flight Centre)
Australian Competition and Consumer Commission (Canberra)
Australia 139 contributions 14274 visits
Federal Court finds that Flight Centre attempted to enter into illegal arrangements with airlines* The Federal Court has held that on 6 occasions Flight Centre attempted to enter into arrangements with airlines which sought to eliminate differences in air fares so as to fix, control or (...)

The Australian Competition and Consumer Commission allows minor variations on the authorisation of a joint venture on the market for port terminal operations (AAT)
Australian Competition and Consumer Commission (Canberra)
Australia 139 contributions 14274 visits
ACCC allows minor variations to AAT joint venture authorisation* The Australian Competition and Consumer Commission has allowed minor variations to authorisation of the Australian Amalgamated Terminals Pty Ltd (AAT) joint venture. The minor variations will enable AAT to operate the terminal (...)

The US DoJ reaches plea agreement with Japanese auto parts maker for its role in alleged price-fixing and bid-rigging in the automotive parts industry (Takata)
McDermott Will & Emery (New York)
United States 5 contributions 557 visits
On October 10, 2013, Takata Corp. (Takata), a Japanese auto parts maker, agreed to pay a $71.3 million as part of a plea agreement for its role in an alleged conspiracy to fix prices on seat belts sold to car manufacturers. In addition, Takata agreed that the Chairman-CEO, Shigehisa Takada, (...)

The Canadian Competition Bureau announces new regulatory intervention efforts into the regulation of pharmacists in Alberta
Steve Szentesi Law Corporation (Vancouver)
Canada 52 contributions 10235 visits
Competition Bureau Announces First New Advocacy Initiative: Self-regulated Professions (Pharmacist Inducements in Alberta): Patient Care v. Competitive Markets* On September 10th, the Canadian Competition Bureau announced a public consultation for suggestions where it should intervene in (...)

The Australian Competition and Consumer Commission decides to re-authorise collective bargaining arrangements put forward by the national medical association for ten years (NSW)
Australian Competition and Consumer Commission (Canberra)
Australia 139 contributions 14274 visits
ACCC reauthorises AMA (NSW) to collectively bargain* The Australian Competition and Consumer Commission has decided to re-authorise collective bargaining arrangements put forward by the Australian Medical Association (NSW) for ten years. The AMA (NSW) sought authorisation to continue to (...)

The Australian Competition and Consumer Commission grants interim authorisation to continue to negotiate on behalf of its members in relation to existing terms and conditions of agency agreements and arrangements (Lottery Agents Queensland / Golden Casket Lottery)
Australian Competition and Consumer Commission (Canberra)
Australia 139 contributions 14274 visits
ACCC grants interim authorisation to Lottery Agents Queensland* The Australian Competition and Consumer Commission has granted interim authorisation to Lottery Agents Queensland to continue to negotiate on behalf of its members in relation to existing terms and conditions of agency agreements (...)

The Italian Competition Authority opens an Article 101 TFEU investigation against a purchase supercenter of several large supermarket chains (Centrale Italiana)
Desogus Law Office (Cagliari)
Italy 134 contributions 115602 visits
Introduction By a decision made on 4th December 2013 in the Centrale di Acquisto per la grande distribuzione autorizzata (Purchase Supercenter) case the Italian Competition Authority (ICA) has opened an Article 101 TFEU enquiry into the agreement concluded by several supermarket chains for the (...)

The EU Commission fines banks € 1.71 billion for participating in cartels in the interest rate derivatives industry (Barclays /Deutsche Bank / RBS / Société Générale)
European Commission (Brussels)
Belgium 719 contributions 190206 visits
European Commission fines Banks € 1 710 000 000 for Participation in Cartels in the Financial Derivatives Industry* On 4 December 2013, the Commission has fined 8 banks a total of € 1 712 468 000 for participating in cartels in markets for financial derivatives covering the EEA. Four of them (...)

The U.S. District Court for the Northern District of California denies the motions to dismiss the plaintiff’s amended complaint against the "anti-troll" group organizing a boycott of android related patents (Cascades Computer Innovation / RPX)
Orrick, Herrington & Sutcliffe (San Francisco)
United States 22 contributions 6101 visits
“Anti-Patent Troll” Fails to Secure Dismissal of Amended Antitrust Complaint* Back in January, I covered the case of Cascades Computer Innovation LLC v. RPX Corp., 2013 U.S. Dist. LEXIS 10526 (N.D. Cal. Jan. 24, 2013), where Judge Yvonne Gonzalez Rogers dismissed – with leave to amend – Cascades’ (...)

The Australian Competition and Consumer Commission issues a draft determination proposing to grant authorisation to impose a four cent per litre/kilogram levy on the sale of agricultural and veterinary chemicals (AgStewardship)
Australian Competition and Consumer Commission (Canberra)
Australia 139 contributions 14274 visits
ACCC proposes to grant authorisation for waste reduction scheme* The Australian Competition and Consumer Commission has issued a draft determination proposing to grant authorisation to AgStewardship Australia Limited on behalf of itself, its members, Agsafe Limited and current and future (...)

The Spanish Competition Authority fines media company and football clubs for breaching a resolution on the acquisition of broadcasting rights for football competitions (Mediapro / Real Madrid / FC Barcelona / Sevilla / Racing de Santander)
European Commission (Brussels)
Belgium 719 contributions 190206 visits
Spain: The Comisión Nacional de los Mercados y la Competencia fines Mediapro and four Football Clubs € 15 000 000* On 2 December 2013, the Council of the National Commission for Markets and Competition (Comisión Nacional de los Mercados y la Competencia or CNMC) imposed fines amounting to € 15 (...)

The Austrian Supreme Court implements the Court of justice’s preliminary ruling according to which liability for infringing Article 101 TFEU is independent of the existence of an error regarding the lawfulness of the conduct (Schenker)
European Court of Justice (Luxembourg)
Luxembourg 21 contributions 28278 visits
Background The present case concerns the so-called Spediteurs-Sammelladungs-Konferenz (Freight Forwarding Agents Consolidated Consignment Conference), a multilateral price-fixing agreement between transport companies covering tariffs for domestic consolidated transport throughout Austria. In (...)

The Australian Competition Authority appeals against a recent decision dismissing cartel allegations as regards to fixing home loan fees (ANZ)
Australian Competition and Consumer Commission (Canberra)
Australia 139 contributions 14274 visits
ACCC appeals ANZ Bank decision* The Australian Competition and Consumer Commission (ACCC) has appealed against the recent decision by Justice Dowsett in the Federal Court dismissing the ACCC’s allegations that Australia and New Zealand Banking Group Limited (ANZ) had breached the price fixing (...)

Unilateral Practices

 The Polish Competition Authority renders legally binding commitments in an abuse of dominant position case in the retail and wholesale markets of gas supply (PGNiG)
European Commission (Brussels)
Belgium 719 contributions 190206 visits
Poland: PGNiG offers Commitments in Abuse of Dominance Case* On 31 December 2013, the President of the Office of Competition and Consumer Protection (UOKiK) adopted a decision rendering the commitments offered by Polskie Górnictwo Naftowe i Gazownictwo (PGNiG) binding in the framework of (...)

The Polish Competition Authority formally accepts the commitments offered in an abuse of dominant position case (PGNiG)
Freshfields Bruckhaus Deringer (Brussels)
Belgique 6 contributions 1674 visites
In its decision of 31 December 2013 relating to an alleged abuse of dominant position on the retail and wholesale markets of gas supply, the Polish competition authority (Urząd Ochrony Konkurencji i Konsumentów, the "UOKiK") formally accepted the commitments offered by Polskie Górnictwo Naftowe i (...)

The Enterprises Court of Milan awards to a local telecom operator damages in a follow-on case of a margin squeeze decision against the incumbent operator (Brennercom / Telecom Italia)
Studio Legale Scoccini E Associati (Rome)
Italy 14 contributions 5763 visits
Introduction On the December 27 2013, the Enterprises Court of Milan awarded damages to Brennercom, a fixed-line telecom operator active in the north-east of Italy, in respect of a claim brought against Telecom Italia. This case arose as a follow-on action from a decision of the Italian (...)

The Italian Competition Authority investigates into a foreclosing conduct of the manager of Milan airports in the general aviation sector (Cedicor / SEA)
Desogus Law Office (Cagliari)
Italy 134 contributions 115602 visits
Introduction By a decision made on 20 December 2013 the Italian Competition Authority (ICA) has opened an Article 102 investigation against the manager of the Milan airports, SEA (Case A474, Cedicor/SEA). SEA was alleged to have abused its dominant position by foreclosing the market for the (...)

The Italian Competition Authority opens an investigation against a company managing the airports of Milan for breach of Article 102 TFEU (CEDICOR / SEA)
Chiomenti (Milano)
Italy 6 contributions 1683 visits
On 20 December 2013, the Italian Competition Authority (the “Authority”) opened an investigation against SEA for an alleged abuse of dominant position that aimed at preventing the entry of a potential competitor into the management of the infrastructures of the airport of Milan Linate. (...)

The Paris Court of Appeal upholds the competition authority’s decision holding that direct access to telecom company subscribers is not an essential facility (Cogent Communications / France Télécom)
Herbert Smith Freehills (Paris)
France 92 contributions 36226 visits
Introduction At a time when cloud computing is changing the face of the Internet, the decision of the Paris Court of Appeal acts as a reminder that the Internet is primarily a matter of physical wires. In December 2013, the Court ruled on an appeal of a French competition authority (ADLC) (...)

The Turkish Competition Authority rules that leading GSM operator abused its dominant position in the GSM services used in vehicle tracking services by complicating its competitors’ activities via exclusive practices (Turkcell)
Turkish Competition Authority (Ankara)
Turkey 4 contributions 567 visits
Leading GSM operator Turkcell fined TL 40 million for abuse of dominance as Council of State annulled the previous decision* According to the Turkish Competition Authority’s (TCA) press release, Turkcell, the leading GSM operator in Turkey, was fined approximately TL 40 million (USD 20 (...)

The Irish High Court finds no abuse of dominant position by a public port authority after it imposed a levy per passenger (Island Ferries Teoranta)
University College London
Ireland 1 contribution 125 visits
The Plaintiff is the sole commercial operator of a passenger ferry service from the Irish mainland to a harbour at Kilronan on the Aran Islands. In October 2011 the public body responsible for the management of Kilronan harbour passed a law which imposed significant charges for the use of the (...)

The Danish Competition Authority accepts commitments from domestic telecom company referring to margin squeeze practices (TDC)
Danish Competition and Consumer Authority (Copenhagen)
Denmark 86 contributions 17329 visits
The Danish Competition Council Accepts Commitments from Denmark’s Largest Broadband Provider* On 18 December 2013 the Danish Competition Council accepted commitments from the Danish telecom-incumbent TDC A/S on the basis of concerns that TDC A/S had potentially abused its dominant position on (...)

The French Competition Authority fines a pharmaceutical laboratory for abuse of dominance in denigrating its competitors and in implementing anticompetitive agreements with its supplier (Arrow / Schering-Plough)
French Competition Authority (Paris)
France 534 contributions 176586 visits
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence fines the Schering-Plough pharmaceutical laboratory a total of 15.3 million euro for hindering entry onto the market of the generic of its originator medicinal product Subutex®* (...)

The French Competition Authority fines a pharmaceutical company €15.3 M for preventing market entry of a generic (Arrow / Schering-Plough)
Fidal (Lyon)
France 3 contributions 2172 visits
Introduction On 18th December 2013, the French Competition Authority handed down a significant decision in the pharmaceutical sector. The Competition Authority considered that Schering-Plough had abused its dominant position by impeding the entry of the generic product onto the market. In (...)

The French Competition Authority fines an electricity provider for abuse of dominance in the photovoltaic solar power market (EDF)
French Competition Authority (Paris)
France 534 contributions 176586 visits
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence fines EDF 13.5 million euros for having unjustly favoured its subsidiary that operates in the emerging market for photovoltaic solar power* Following a complaint by the Solaire (...)

The French Competition Authority fines French energy provider for abusing its dominant position on the solar energy market (EDF)
EDHEC (Nice)
France 11 contributions 7356 visits
Summary The French competition authority held EDF responsible for illegally favoring its subsidiary on the solar energy market and was sentenced to pay a 13.5 million euro fine. Facts EDF is the leading energy producer and provider in France. They own a 90 to 95% market share on the market of (...)

The Danish Competition and Consumer Authority reports a German engine manufacturer and its local distributor for preventing the supply of spare parts for IC3-trains (Deutz)
Danish Competition and Consumer Authority (Copenhagen)
Denmark 86 contributions 17329 visits
The Danish Competition and Consumer Authority reports the German engine manufacturer Deutz AG and the company’s distributor in Denmark to the police* Following a ruling from the Danish Competition Appeals Tribunal, The Danish Competition and Consumer Authority reports the German engine (...)

The Moldovan Competition Authority finds no dumping practices in the bundled packages on the telecommunications market (IM Sun Communications)
Faculty of Law - University of Macau
Macao 278 contributions 208951 visits
On 5 December 2013 the Moldovan Competition Authority (CC) has confirmed the absence of dumping prices on the market for various telecommunications services (IPTV, fixed telephony and Internet). The no-infringement decision issued by the CC was based on the absence of anti-competitive effects (...)

The Slovenian Supreme Court upholds the Competition Authority’s prohibition decision finding an abuse of dominant position in the market for TV advertising (Pro Plus)
Fatur Law Firm (Ljubljana)
United Kingdom 19 contributions 52344 visits
In PRO PLUS case, the Slovenian Competition Protection Agency (hereinafter referred to as the CPA) adopted a prohibition decision in April 2013 (Case 306-90/2009), finding that PRO PLUS, i.e. Produkcija Plus, a leading broadcasting and internet media company in Slovenia, which is part of the (...)

The US District Court of California denies motion to dismiss in a case of anticompetitive exclusive dealing on the market for digital photo services for the tourism industry (Pro Search Plus / VFM Leonardo)
Bona Law (Detroit)
United States 11 contributions 1903 visits
Successful Mousetrap Builders Beware – Your Sales Contract Just Might Be “De Facto Exclusive Dealing”* Say you built a better mousetrap, the world beat a path to your door and now you have a high share of the mousetrap market. Let’s further assume that your customers find “the cost of switching (...)

The US District Court of California dismisses an action brought by a putative class of consumers on claims of monopolization of the aftermarket for iPhone apps (Apple)
Sheppard Mullin (San Francisco)
United States 5 contributions 1038 visits
Plaintiffs Hit an Illinois Brick Wall: Indirect Purchasers of iPhone Apps Lack Standing to Bring Antitrust Suit* On December 2, 2013, United States District Judge Yvonne Gonzalez Rogers of the Northern District of California dismissed a case against Apple brought by a putative class of (...)

The US District Court of California dismisses tying claim related to the market for distribution of hotel content since the tying product and the tied product were not separate (Pro Search Plus / VFML Leonardo)
Sheppard Mullin (Los Angeles)
United States 46 contributions 4966 visits
De Facto Exclusive Dealing: What a Difference a Day Makes* In Competition Law360, September 4, 2013, we reported on the dismissal of a complaint which alleged, inter alia, exclusive-dealing claims in a market described as the management and distribution of “photographs in rich media content for (...)

Mergers

 The Italian Competition Authority clears a transaction for the creation of a joint venture operating in the banking sector on the basis of the non-applicability of the relevant Italian law provisions governing concentrations between undertakings (Bassilichi / Accenture)
C partners law and tax firm (Milan)
2 contributions 439 visits
Background The purpose of the transaction at hand was to allow Banca Monte dei Paschi di Siena S.p.A. (“MPS”), one of the major Italian banks, to externalise certain back-office and administrative services, entrusting them to other companies outside its corporate group, as part of its strategic (...)

The Italian Competition Authority fines several undertakings for a breach of obligations to protect competition following a merger clearance in the maritime sector (Compagnia Italiana di Navigazione / Moby)
University of London - School of Economics Birkbeck College
United Kingdom 8 contributions 3740 visits
On the 20th of December 2013, the Italian Competition Authority (the “Authority”) opened an investigation against Compagnia Italiana di Navigazione S.p.A. (“CIN”) and Moby S.p.A. (“Moby”) for breach of obligations set forth in the decision issued by the Authority on the 21st June 2012. According to (...)

The French Competition Authority imposes a steep sanction on the head of wine producer group for failing to notify a concentration (Copagef / Castel)
Gide Loyrette Nouel (Paris)
France 5 contributions 23996 visits
By a decision dated 20 December 2013 (decision n°13-D-22), the French Competition Authority (“FCA”) imposed a €4.000.000 fine on Copagef SA, for failing to comply with article L.430-3 of the French commercial code which provides for a mandatory prior authorization of mergers. This is the highest (...)

The Irish Competition Authority publishes revised merger guidelines
Queen’s University Belfast
Royaume-Uni 7 contributions 1224 visites
On December 20, 2013 the Irish Competition Authority published its revised Guidelines for Merger Analysis. These guidelines replace the last version, promulgated in December 2002. The Revised Guidelines have had the benefit of a request for comments (with ten resulting submissions) following (...)

The Australian Competition and Consumer Commission conditionally approves a proposed acquisition in life science sector (Thermo Fisher Scientific / Life Technologies)
Australian Competition and Consumer Commission (Canberra)
Australia 139 contributions 14274 visits
ACCC conditionally approves the proposed acquisition of Life Technologies by Thermo Fisher* The Australian Competition and Consumer Commission has announced that it will not oppose the proposed acquisition of Life Technologies Corporation by Thermo Fisher Scientific Inc after competition (...)

The Australian Competition and Consumer Commission releases a statement of issues outlining concerns with the proposed acquisition in the local market for the supply of takeaway packaged liquor (Lindisfarne Cellars / Woolworths)
Australian Competition and Consumer Commission (Canberra)
Australia 139 contributions 14274 visits
ACCC concerned about Woolworths’ proposed acquisition of Lindisfarne Cellars* The Australian Competition and Consumer Commission has released a Statement of Issues outlining concerns with the proposed acquisition of Lindisfarne Cellars by Woolworths Limited. Lindisfarne Cellars is a bottleshop (...)

The New Zealand Commerce Commission approves conditionally an acquisition in the life sciences industry (Thermo Fisher Scientific / Life Technologies)
New Zealand Commerce Commission
New Zealand 33 contributions 3519 visits
Press releases published on New Zealand Commerce Commission Thermo Fisher cleared to acquire Life Technologies subject to a divestment undertaking’ The Commerce Commission has cleared Thermo Fisher Scientific Inc. (Thermo Fisher) to acquire Life Technologies Corporation (Life Technologies). (...)

The South African Constitutional Court sets aside costs order related to decision by the Competition Appeal Court to overturn merger prohibition decision (Pioneer Hi-Bred International / Pannar Seeds)
RBB Economics (London)
United Kingdom 2 contributions 420 visits
How to (almost) gut an agency – the final twist in the maize seeds case?* On 18 December 2013, the Constitutional Court of South Africa (“Constitutional Court”) handed down its decision in an appeal by the Competition Commission (“Commission”) against an unprecedented costs order imposed by the (...)

The EU General Court rejects a rival’s claim and gives the green signal for an acquisition in the communications services market (Microsoft / Skype)
Shardul Amarchand Mangaldas (New Delhi)
India 1 contribution 286 visits
By its decision dated 11 December 2013, Luxembourg based European General Court approves the acquisition of Skype by Microsoft. Background On 02.09.2011 the EU Commission was notified of a proposed concentration by which, Microsoft Corporation, USA acquired 100% of the outstanding shares and (...)

The EU General Court confirms that the merged parties are not dominant in the internet visual communications market and rejects interoperability issues raised by appellants (Microsoft / Skype)
Ashurst (Milan)
United States 94 contributions 20368 visits
EU Court upholds the Commission’s decision on the Microsoft/Skype deal* On 11 December 2013 the EU’s General Court (the “Court”) handed down its ruling concerning Microsoft’s acquisition of Skype. The Court held that the Commission rightly considered that the transaction does not restrict (...)

The US District Court for the Northern District of Illinois certifies a class action in challenging a consummated merger in the healthcare system services (Evanston Northwestern)
McDermott Will & Emery (Paris)
France 107 contributions 37243 visits
On December 10, 2013, Judge Edmond Chang of the Northern District of Illinois certified a class of plaintiffs who filed a proposed class action against NorthShore University Health System (formerly Evanston Northwestern Healthcare) on behalf of all end-payors who purchased inpatient and (...)

The Netherlands ACM approves merger between hospital groups (MCH / Bronovo)
Netherlands Authority for Consumers & Markets (The Hague)
Netherlands 101 contributions 12032 visits
ACM clears merger between hospitals Bronovo and Medisch Centrum Haaglanden* The Netherlands Authority for Consumers and Markets (ACM) has cleared the merger between hospital groups Medisch Centrum Haaglanden (MCH) and Bronovo in The Hague. In the post-merger situation, health insurers will (...)

The German Competition Authority opens public consultation for its draft guidance document on domestic effects in merger control
German Competition Authority (Bonn)
Germany 272 contributions 51277 visits
Consultation: Draft Guidance Document on Domestic Effects in Merger Control* The Bundeskartellamt has published a draft of its guidance document “Domestic Effects in Merger Control“. This document is to replace the previous document which was published in 1999. The draft document is available (...)

The Australian Competition and Consumer Commission calls for comment on proposed acquisition on the market for supply of steel coil (BlueScope / Fielders)
Australian Competition and Consumer Commission (Canberra)
Australia 139 contributions 14274 visits
ACCC calls for comment on BlueScope Steel’s proposed acquisition of Fielders Australia* The Australian Competition and Consumer Commission has released a Statement of Issues on the proposed acquisition of Fielders Australia Pty Ltd by BlueScope Steel Ltd. BlueScope, through its subsidiary (...)

The Australian Competition and Consumer Commission releases a statement of issues outlining concerns with a proposed acquisition that may result in a substantial lessening of competition as it would remove the only independent full-line supermarket in the local market (Woolworths / Renaissance Supa IGA)
Australian Competition and Consumer Commission (Canberra)
Australia 139 contributions 14274 visits
ACCC releases SoI on proposed acquisition of St Kilda Supa IGA by Woolworths* The Australian Competition and Consumer Commission has released a Statement of Issues (SoI) outlining concerns with the proposed acquisition of the St Kilda Renaissance Supa IGA by Woolworths Limited. The target (...)

The German Competition Authority issues new guidelines providing that mergers without significant effects on the domestic market should fall outside the scope of the notification obligation and substantive review procedure
German Competition Authority (Bonn)
Germany 272 contributions 51277 visits
Foreign-to-Foreign Mergers – More legal certainty for companies* The Bundeskartellamt has published a draft of its guidance document “Domestic Effects in Merger Control” for public consultation. Andreas Mundt, President of the Bundeskartellamt: “We aim to relieve concentrations that do not affect (...)

The EU Commission issues a reform package to simplify and streamline the EU merger control regime
McDermott Will & Emery (Brussels)
Belgium 19 contributions 5334 visits
,
McDermott Will & Emery (Brussels)
Belgique 45 contributions 82822 visites
EUROPEAN COMMISSION SIMPLIFIES ASPECTS OF EU MERGER CONTROL* The European Commission (Commission) has issued a package of measures (the Reform Package), the rationale for which is to simplify and streamline EU merger control. The Reform Package does this by extending “simplified” treatment to (...)

The UK Competition Appeal Tribunal quashes the Competition Commission decision regarding maritime transport over the Channel highlighting contradictory analysis of mergers between National Competition Authorities (Eurotunnel / SeaFrance / MyFerryLink)
Institut Catholique de Paris
France 1 contribution 439 visits
The control of the Channel remains an emphatically strategic subject of prime importance for England: the Eurotunnel ferries might well not be allowed to disembark at Dover in the future! At least that’s what the Competition Commission, the British competition authority (hereinafter referred to (...)

The Australian Competition Authority clears a merger on the market for supply of floor-plan financing to motor vehicle dealerships, point-of-sale retail finance to customers of motor vehicle dealerships and equipment finance to a range of businesses (Lloyds International / Westpac Banking)
Australian Competition and Consumer Commission (Canberra)
Australia 139 contributions 14274 visits
ACCC to not oppose Westpac’s proposed acquisition of Lloyd’s assets* The Australian Competition and Consumer Commission will not oppose the proposed acquisition of certain assets of Lloyds International Pty Ltd including Capital Finance Australia Limited (CFAL) and BOS International (Australia) (...)

The German Competition Authority clears the takeover of two regional dailies, several advertising newspapers and a number of women’s magazines (Springer / Funke)
German Competition Authority (Bonn)
Germany 272 contributions 51277 visits
Springer/Funke: Takeover of regional newspapers and women’s magazines cleared* Bonn, 03 December 2013: Today the Bundeskartellamt cleared the takeover of two regional dailies (Hamburger Abendblatt and Berliner Morgenpost), several advertising newspapers and the women’s magazines segment of Axel (...)

The EU Commission clears the merger proposed by a Russian energy supplier targeting a number of companies established in Germany and Netherlands (Gazprom / Wintershall)
Bird & Bird (Dusseldorf)
Germany 19 contributions 3037 visits
Commission Clears Acquisition of German and Dutch Gas Supply and Storage Joint Ventures by Gazprom* Applying the EU Merger Regulation, the European Commission has cleared a proposed acquisition of (i) joint control over WINZ and Wintershall Services of the Netherlands and (ii) sole control (...)

The Hellenic Competition Commission unanimously approves merger in the oil products and lubricants market (Motor Oil / Cyclon)
Ernst & Young (Athens)
Grèce 6 contributions 2073 visites
On December 2, 2013 the Hellenic Competition Commission (hereinafter: HCC) unanimously approved the acquisition of a controlling stake in CYCLON HELLAS S.A. (hereinafter: CYCLON) by MOTOR OIL HELLAS S.A. (hereinafter: MOH). MOH is a Greek company mainly active in the markets of oil refining; (...)

State Aid

 The EU Court of Justice rules that a mechanism for offsetting in full the additional costs imposed on undertakings because of an obligation to purchase wind-generated electricity at a price higher than the market price is imputable to the state (Association Vent De Colère / Ministre de l’Écologie)
University of Bristol - Law School
United Kingdom 89 contributions 19988 visits
CJEU follows AG Jääskinen in revisiting PreussenElektra and minimising Doux Elevages’ requirements for State imputability of aid measures (C-262/12)* In its Judgment of 19 December 2013 in case C-262/12 Vent De Colère and Others, the Court of Justice of the EU has largely followed AG Jääskinen’s (...)

The EU Court of Justice reinforces the Plaumann test and re-emphasizes the role attributed to the national courts within the framework of the preliminary ruling procedure to ensure judicial review of the legality of EU acts (Telefónica)
University of Bristol - Law School
United Kingdom 89 contributions 19988 visits
What’s left of the ’new limb’ of Art 263(4) TFEU after Inuit and Telefonica? (C-274/12 P)* In its Judgment of 19 December in case C-274/12 P Telefonica v Commission, the CJEU has continued to define (and minimise) the scope of Article 263(4) TFEU and, particularly, the ’new’ third limb introduced (...)

The EU Court of Justice interprets the concept of intervention through state resources and finds that the offset of additional costs arising from the obligation to purchase green electricity constituted state intervention (Vent de Colère)
College of Europe (Bruges)
Belgium 268 contributions 34247 visits
Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU Commission considers the aid for the implementation of an urban development project for schools in the region of Attica to be compatible with the internal market based on Article 107(3)(c) TFEU (JESSICA)
College of Europe (Bruges)
Belgium 268 contributions 34247 visits
A JESSICA-Funded Public-Private Partnership* Main points Public funding of a public-private partnership for the construction and maintenance of public schools may still involve State Aid. State Aid may have an incentive effect even when it is granted to a project that has already started. (...)

The EU Commission issued new de minimis rules for state aid control
College of Europe (Bruges)
Belgium 268 contributions 34247 visits
Article published on Lexxion State Aid Blog The New Rules on De minimis Aid for 2014-2020: Regulation 1407/2013* Introduction It is appropriate to start this year’s articles on State aid with an appraisal of one of the most important new legislative items for the period 2014-2020: the new de (...)

The European Commission confirms the use of the funding gap method for determining the necessity and proportionality of State aid for infrastructural projects (Port of Capo d’Orlando)
College of Europe (Bruges)
Belgium 268 contributions 34247 visits
Management of Port Infrastructure through a very long Concession Contract: Is the Funding Gap Method Meaningful?* Main points Competitive selection of the operator of an infrastructural facility normally eliminates State aid. However, modifications to the contract after the operator is (...)

The EU Commission opens a State aid investigation into the German Renewable Energy Source Act for giving unlawful advantages to energy-intensive companies in Germany
McDermott Will & Emery (Paris)
France 107 contributions 37240 visits
EUROPEAN COMMISSION INVESTIGATES EXEMPTION FROM RENEWABLE ENERGY SURCHARGE FOR ENERGY-INTENSIVE COMPANIES IN GERMANY* The European Commission today opened a State aid investigation into the German Renewable Energy Source Act (the EEG), claiming that the EEG may have given unlawful advantages (...)

The EU Commission opens an in-depth investigation on the compatibility of the reduction granted to energy-intensive companies on the surcharge promoting renewable sources in Germany (EEG Surcharge)
Bird & Bird (Dusseldorf)
Germany 19 contributions 3037 visits
Commission Opens State Aid Investigation into German Renewables Surcharge Reduction for Energy-intensive Companies and Green Electricity Privilege* As previously expected, the European Commission has opened an in-depth investigation to examine whether the reduction granted to energy-intensive (...)

The EU Commission opens three formal State aid investigations into public funding of some of the most well-known Spanish football clubs
McDermott Will & Emery (Paris)
France 107 contributions 37240 visits
EUROPEAN COMMISSION TARGETS SPANISH FOOTBALL CLUBS INCLUDING REAL MADRID AND BARCELONA FOR STATE AID INVESTIGATION* The European Commission (Commission), on 18 December 2013, opened three formal State aid investigations into public support measures for major Spanish football clubs. The (...)

The EU Commission authorises aid in order to enable the concession holders to finalize two motorway projects that have encountered financial difficulties
College of Europe (Bruges)
Belgium 268 contributions 34246 visits
Article published on Lexxion State Aid Blog Public Funding of Projects that Encounter Financial Problems* Main points Aid that is granted after the start of a project lacks incentive effect and is, therefore, incompatible with the internal market. However, aid may be justified when a project (...)

The EU Commission decides to consider the aid for renewing an ice arena in the municipality of Heerenveen to be compatible with the internal market since it served a policy objective of common interest (Thialf)
College of Europe (Bruges)
Belgium 268 contributions 34246 visits
Article published on Lexxion State Aid Blog Competitive Elements in the Selection of Operators of Sports Infrastructure May not Be Enough to Eliminate State Aid* Main points The existence of an advantage cannot be excluded when the operator of an infrastructural facility is chosen through a (...)

The EU Court of Justice rules on the distribution of powers between the Council and the Commission in the area of state aid enforcement (Alumina)
University of Bristol - Law School
United Kingdom 89 contributions 19986 visits
CJEU strengthens Commission’s enforcement monopoly in State aid (C-111/10) and jeopardises its consistent enforcement with other EU policies (C-272/12)* In two recent Judgments of 4 December 2013 (C-111/10, Commission v Council) and 10 December 2013 (C-272/12, Commission v Ireland and Others), (...)

The EU Court of Justice examines the concept of state attributability in relation to a fiscal exemption previously approved by the Council (Eurallumina)
College of Europe (Bruges)
Belgium 268 contributions 34246 visits
Article published on Lexxion State Aid Blog The Possibly Conflicting Roles of EU Institutions on State Aid* Introduction On 10 December 2013, the Court of Justice, in C‑272/12 P, wrote another chapter in the long-running case of the exemption from excise taxes for alumina producers in France, (...)

The EU Court of Justice rules on the distribution of powers between the Council and the Commission in the area of state aid enforcement (EU Commission / EU Council)
University of Bristol - Law School
United Kingdom 89 contributions 19986 visits
CJEU strengthens Commission’s enforcement monopoly in State aid (C-111/10) and jeopardises its consistent enforcement with other EU policies (C-272/12)* In two recent Judgments of 4 December 2013 (C-111/10, Commission v Council) and 10 December 2013 (C-272/12, Commission v Ireland and Others), (...)

Procedures

 The Dutch Competition Authority allows blocking certain internet services on board trains of the national railway company as an exception from the net neutrality rule (T-Mobile)
Netherlands Authority for Consumers & Markets (The Hague)
Netherlands 101 contributions 12032 visits
Telecom company T-Mobile is allowed to restrict free internet access on board trains* The Netherlands Authority for Consumer and Markets (ACM) has concluded that Dutch telecom company T-Mobile is allowed to block certain services such as YouTube and Spotify on the free Wi-Fi-network on board (...)

The Spanish National Court annuls a resolution imposing a fine, on the grounds that the duration of the investigation was excessive (UAHE)
Baker McKenzie (Madrid)
Spain 5 contributions 3656 visits
The Spanish National Court (Audiencia Nacional, "AN") passed a judgment on 23 December 2013 annulling the Resolution of the Spanish National Competition Commission (Comisión Nacional de la Competencia, "CNC") of 14 June 2012 that held that the Unión de Almacenistas de Hierros de España ("UAHE", (...)

The Dutch Competition Authority publishes its study on the possibilities of switching banks for consumers who experienced a decrease of their income or value of their house
European Commission (Brussels)
Belgium 719 contributions 190205 visits
The Netherlands: ‘Underwater Mortgages’ do not result in higher Interest Rates for Homeowners* On 20 December 2013, the Netherlands Authority for Consumers and Markets (ACM) published its study on the possibilities of switching banks for consumers who experienced a decrease of their income or (...)

The Belgian Council of Ministers approves draft bills that introduce a collective redress system in Belgian competition law cases
Van Bael & Bellis (Brussels)
Belgium 14 contributions 3099 visits
,
Van Bael & Bellis (Brussels)
Belgique 15 contributions 3377 visites
On 13 December 2013, the Belgian Council of Ministers approved two draft Bills that introduce the possibility of collective redress proceedings – so-called class action claims – to recover damages suffered as a result of a breach of Belgian competition law (as well as other kinds of (...)

The European Competition Network publishes recommendations on investigative and decision making powers intended to serve as guidance for policymakers
European Commission (Brussels)
Belgium 719 contributions 190205 visits
ECN Recommendations on investigative and decision making Powers published* On 10 December 2013, a set of European Competition Network (ECN) Recommendations on key investigative and decision-making powers were published. The ECN Recommendations are intended to serve as guidance for (...)

The Lithuanian Supreme Administrative Court holds that fines imposed by the Competition Authority cannot be suspended or postponed without a serious reason (LitCon)
SKVLAW (Vilnius)
Lithuania 6 contributions 841 visits
On December 5, 2013 the Supreme Administrative Court of Lithuania supported position of national competition authority – the Competition Council of the Republic of Lithuania (hereafter – NCA) interpreting the purpose of its imposed penalty and abolishing a part of lower court’s decision. Despite (...)

The Hellenic Competition Commission publishes executive summary of final report of inquiry into fruit-and-vegetable sector
European Commission (Brussels)
Belgium 719 contributions 190205 visits
Greece: The Hellenic Competition Commission publishes Executive Summary of Final Report of Inquiry into Fruit-and-Vegetable Sector* The Hellenic Competition Commission (HCC) has conducted a sector inquiry into the production, marketing, distribution and retail of seven categories of fruit and (...)

The Council of the EU agrees upon a general approach on the draft directive concerning actions for damages for breaches of antitrust law that will serve as basis for negotiations with the European Parliament with a view to reaching an agreement at first reading
Lithuanian Competition Authority (Vilnius)
Lithuania 48 contributions 7069 visits
Possibility to receive full compensation for damages suffered as a result of antitrust violations comes closer* On December 2, the European Union (EU) Competitiveness Council reached a general approach on a draft directive on certain rules governing actions for damages under national law for (...)

The Latvian Competition Council concludes sector inquiry into milk production and processing
European Commission (Brussels)
Belgium 719 contributions 190205 visits
Latvia: The Competition Council concludes Sector Inquiry into Milk Production and Processing* In late 2013, the Competition Council of Latvia (CC) concluded a sector inquiry into the market of milk production and processing. As part of the inquiry, the CC evaluated the level of competition (...)

Regulatory

 The French Competition Authority issues an opinion with regard to a draft decree on electricity consumption demand response
French Competition Authority (Paris)
France 534 contributions 176583 visits
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence, whose opinion was sought in relation to a draft decree, has found that subsidisation of demand response operators’ activity by electricity consumers must be strictly limited and (...)

The German Federal Network Agency and the Bundeskartellamt present their joint monitoring report on developments in the German electricity and gas markets in 2012
German Competition Authority (Bonn)
Germany 272 contributions 51275 visits
Monitoring Report 2013 of the Bundesnetzagentur and the Bundeskartellamt* Bonn, 19 December 2013: Today the Bundesnetzagentur (Federal Network Agency) and the Bundeskartellamt presented their joint Monitoring Report 2013 on developments in the German electricity and gas markets in 2012. With (...)

The French Competition Authority issues opinion following its sector inquiry on the distribution of medicinal products
French Competition Authority (Paris)
France 534 contributions 176583 visits
After gathering market players’ insight, and having carried out an in-depth analysis of how the sector operates, the Autorité de la concurrence publishes its opinion.* It calls for the stimulation of competition throughout the distribution chain, and in particular supports the supervised (...)

The EU Parliament adopts a regulation on structural funds requiring compliance of financial instruments with state aid rules
College of Europe (Bruges)
Belgium 268 contributions 34246 visits
* Article published on Lexxion State Aid Blog (click here), republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The Australian Competition and Consumer Commission releases a report of its draft decision to continue regulating the termination of calls on mobile phone networks
Australian Competition and Consumer Commission (Canberra)
Australia 139 contributions 14273 visits
ACCC releases draft report on regulation of access to mobile networks* The Australian Competition and Consumer Commission has today released a report of its draft decision to continue regulating the termination of calls on mobile phone networks. It is also proposing to regulate the termination (...)

The Australian Competition and Consumer Commission releases draft reports proposing to maintain the existing regulation of wholesale services supplied using copper network, other fixed line infrastructure and transmission routes (Telstra)
Australian Competition and Consumer Commission (Canberra)
Australia 139 contributions 14273 visits
ACCC releases draft reports on transmission and fixed line network regulation* The Australian Competition and Consumer Commission is currently reviewing the scope of its regulation of telecommunications services. It has today released draft reports that propose to largely maintain the existing (...)

The Australian Competition Authority seeks views on port terminal access arrangements at Newcastle (GrainCorp)
Australian Competition and Consumer Commission (Canberra)
Australia 139 contributions 14273 visits
ACCC seeks views on GrainCorp’s port terminal access arrangements at Newcastle* The Australian Competition and Consumer Commission is seeking views on whether the scope of regulation of GrainCorp’s bulk grain port terminal in Newcastle should be reduced due to the presence of other bulk export (...)

The Danish Competition and Consumer Authority publishes an analysis of the markets of private chiropractors and physiotherapists
Danish Competition and Consumer Authority (Copenhagen)
Denmark 86 contributions 17329 visits
The regulation of chiropractors and physiotherapists prevents efficient and equal competition* On 5 December 2013 the Danish Competition and Consumer Authority published an analysis of the markets of private chiropractors and physiotherapists. The analysis shows that the current regulation of (...)

Public sector

 The German Federal Court of Justice issues decision of principle on the award of concessions for electricity and gas networks (OLG Schleswig / LG Kiel)
German Competition Authority (Bonn)
Germany 272 contributions 51275 visits
Federal Court of Justice issues decision of principle on the award of concessions for electricity and gas networks* Bonn, 18 December 2013: The Bundeskartellamt welcomes the landmark decisions issued yesterday by the Federal Court of Justice on the award of rights of way for electricity and (...)

The Swedish Competition Authority files an application for procurement fines against alteration of a framework agreement concerning procurement of photo copiers (Stockholm County Council)
Swedish Competition Authority (Stockholm)
Sweden 33 contributions 3689 visits
Alteration of framework agreement led to an illegal procurement* The Stockholm County Council made such great changes to a framework agreement relating to the purchasing of copiers that the contract must be considered a whole new procurement. As this was not publicly advertised, it constitutes (...)

The US Court of Appeals for the 4th Circuit finds in favour of the appellee on the account of its counterclaims of unjust enrichment and breach of contract in relation to a subcontracting agreement on the provision of transport and logistics for the US army in Afghanistan (Vlox / Mirzada)
Womble Bond Dickinson (Washington D.C.)
United States 10 contributions 2240 visits
Fourth Circuit Affirms $2.8 Million Jury Verdict Obtained By Womble Carlyle For Government Subcontractor* On December 16, 2013, the Fourth Circuit issued an opinion affirming a $2.8 million jury verdict obtained by a Womble Carlyle trial team, chaired by Jason Hicks, in the Eastern District of (...)

The Swedish Competition Authority presents a report containing a wide range of policy measures for the improvement and strengthening of competition
Swedish Competition Authority (Stockholm)
Sweden 33 contributions 3689 visits
Level playing field for the public and private sectors* Obstacles to well-functioning competition must be removed. This is the overarching message in a report recently submitted to the Government by the Swedish Competition Authority. One suggestion is to separately account for public sales (...)

The EU Court of Justice declares that a scheme of compulsory minimum tariffs for certification services addressed to tenderers in a public procurement procedure is not illegal per se under the EU competition and free movement rules (SOA Nazionale Costruttori)
University of Bristol - Law School
United Kingdom 89 contributions 19986 visits
CJEU rubber stamps Italian minimum tariffs for certification in public procurement, subject to proportionality (C-327/12)* In its Judgment of 12 December 2013 in case C-327/12 Soa Nazionale Costruttori, the Court of Justice of the EU has followed rather closely AG Cruz Villalon’s Opinion (...)

The EU Court of Justice rules that the authorities of a Member State may rely on the provisions of a non-transposed directive against a body holding a public service concession (Portgás)
University of Bristol - Law School
United Kingdom 89 contributions 19986 visits
CJEU: vertical effect of Directives goes both ways (C-425/12)* The Judgment of the CJEU of 12 December 2013 in case C-425/12 Portgás may appear to be of interest only for public procurement aficionados (and, even then, only for hardcore ones), as it deals with the potential applicability of the (...)

The EU Court of Justice rules on the interpretation of article 30(2) of Directive 2004/18 as regards the negotiation of technical elements between a contracting authority and the participants in a negotiated procedure (Nordecon / Rahandusministeerium)
University of Bristol - Law School
United Kingdom 89 contributions 19986 visits
CJEU on renegotiation of mandatory technical conditions in negotiated procedures: A good case? (C-561/12)* In its Judgment of 5 December 2013 in case C-561/12 Nordecon and Ramboll Eesti, the CJEU has ruled on the interpretation of Article 30(2) of Directive 2004/18 as regards the negotiation (...)

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