December 2014

General antitrust

 The Mozambican Government adopts the final regulation meant to complete the national Competition Act
Vieira de Almeida (Lisbon)
Portugal 9 contributions 826 visites
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DLA Piper (Lisbon)
Portugal 20 contributions 28643 visites
This week the long-awaited Regulation meant to complete the Mozambican Competition Act saw the light of the day. Decree 97/2014, of 31 December, was rendered public and puts in place the last piece of legislation required for the enforcement of competition rules in Mozambique. The Mozambican (...)

Anticompetitive practices

 The Hellenic Competition Commission imposes fines on an undertaking for implementing resale price maintenance practices and a restriction of cross-supplies between distributors/franchisees within its selective distribution network (Germanos)
Hellenic Competition Commission (Athens)
Greece 132 contributions 18632 visits
The HCC imposes fines on GERMANOS for infringing EU and national competition rules in relation to its franchise network* The HCC imposes fines on GERMANOS for infringing EU and national competition rules in relation to its franchise network Following an extensive investigation, the Hellenic (...)

The Polish Competition Authority fines companies involved in bid-rigging practices concerning tenders in the rail sector (Kombud / KZA Lublin / Bombardier Transportation Polska)
WKB Wierciński Kwieciński Baehr (Warsaw)
Poland 19 contributions 6780 visits
In the decision no. DOK – 10/2014 of 30 December 2014, the Polish competition authority (Prezes Urzędu Ochrony Konkurencji i Konsumentów, the “PCA”) imposed a fine of almost PLN 7 million (ca. €1.68 million) on three companies involved in alleged bid-rigging practices during a tender for a (...)

The Dutch Competition Authority imposes fines on three investments companies that had been directly involved in the flour cartel
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 212 contributions 36844 visits
ACM imposes fines on investment firms in cartel case* Investment firms that own businesses can be held accountable for violations of the Dutch Competition Act committed by those businesses, if the investment firms have decisive influence over them. This is one of the conclusions of a (...)

The Indian Competition Authority initiates an investigation concerning resale price maintenance in the e-commerce sector (Jasper Infotech / KAFF Appliances)
Sarvada Legal (New Delhi)
2 contributions 451 visits
The CCI has in 2014 initiated two investigations into the alleged imposition of minimum resale price maintenance (RPM). The first one was against Hyundai Motor India Ltd (‘Hyundai Case’) and I had written on the legal standard adopted by the Competition Commission of India to initiate (...)

The Russian Competition Authority launches an investigation against companies suspected for bid-rigging (Sibagropromstroi)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 57369 visits
FAS initiated a case upon elements of bid-rigging at an auction for reconstructing an oncologic dispensary in the Krasnoyarsk region* On 25 December 2014, the Federal Antimonopoly Service (FAS Russia) initiated a case against “Sibagropromstroi” CJSC and “Medkon” Ltd. upon elements of (...)

The Indian Competition Authority fines a trade association for price fixing and collective boycott (Film Distributors Association of Kerala)
Chandhiok & Mahajan (New Delhi)
India 12 contributions 2521 visits
Film Distributor Trade Association fined for price fixing and collective boycott* In its last reported decisions of 2014, the Competition Commission of India (CCI), in two separate cases, fined the Film Distributors Association of Kerala (a state in India) 5% of its turnover (in each case) (...)

The Czech Office for the Protection of Competition imposes fines on two undertakings for bid-rigging in the medical equipment for hospitals market (Hospimed and Puro-Klima)
Czech Competition Authority (Brno)
Czech Republic 49 contributions 6711 visits
Puro-Klima and Hospimed coordinated their bids within public tenders for medical equipment* The Office for the Protection of Competition (hereinafter referred to as “the Office”) detected and sanctioned anticompetitive behavior conducted by undertakings HOSPIMED, spol. s.r.o. and PURO-KLIMA, (...)

The Austrian Cartel Court upholds a request by the Competition Authority and fines a dairy producer for resale price maintenance (NÖM)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220784 visits
Settlement with Dairy Producer* On 26 November 2014, the Cartel Court (29 Kt 60/14) imposed a fine of € 583.200 on NÖM AG, a major Austrian dairy producer for anticompetitive behaviour related to RPM with food retailers regarding certain dairy products between 2007 and 2012. The decision (...)

The Croatian Competition Agency imposes fines on two undertakings for resale price maintenance (Kraš and NTL)
Croatian Competition Agency (Zagreb)
Croatia 120 contributions 20022 visits
CCA finds a prohibited vertical agreement between Kraš and NTL* The Croatian Competition Agency established in the course of the proceeding that the agreement between the undertakings Kraš and Narodni trgovački lanac (NTL), that was in force for almost four years, from October 2014 to July (...)

The Slovak Competition Authority imposes fines on several banks for having coordinated their activities when providing financial services
Slovak Competition Authority (Bratislava)
Slovakia 57 contributions 5799 visits
AMO SR fined the undertaking in banking sector* On December 19, 2014 the Division of Cartels issued a decision imposing a fine in the total amount of EUR 185 939 on the undertaking acting in banking sector in the Slovak Republic. The findings of the Office show that during the years of (...)

The Italian Competition Authority decides that commitments submitted by pharmaceutical companies in order to alleviate competition concerns should have been published (Arca / Novartis-Italfarmaco)
European Commission - DG COMP (Brussels)
Belgium 11 contributions 6644 visits
The Italian Competition Authority (AGCM) decided that, according to Art. 14-ter of Italian Law 287/1990, the commitments that Novartis and Italfarmaco had submitted in order to alleviate concerns in terms of an alleged infringement of Art. 101 TFEU, should have been published, both in its (...)

The Hungarian Competition Authority holds that an agreement which has the object of restricting competition is unlawful whether or not it can succeed in achieving this object (Út / Garantor)
Kinstellar (Budapest)
Hungary 1 contribution 72 visits
On 19 December 2014 the Hungarian Competition Authority (“HCA”) adopted a decision condemning several undertakings for bid-rigging during a restricted tendering procedure. In its decision, the HCA rejected the defendants’ arguments that they could not have possibly restricted competition as (...)

The Austrian Cartel Court imposes fines totalling € 17 468 091 on 30 companies active in the freight forwarding market for infringement of Art. 101 TFEU by agreeing on tariffs for domestic combined shipments (SSK)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220784 visits
Cartel in the Freight Forwarding Market* On 19 December 2014 the Cartel Court imposed fines totalling € 17 468 091 on 30 companies active in the freight forwarding market for infringement of Article 101 TFEU by agreeing on tariffs for domestic combined shipments. A declaratory decision was (...)

The French Competition Authority fines several manufacturers of home and personal care products for having implemented concerted practices (Colgate-Palmolive / Henkel / Reckitt Benckiser)
French Competition Authority (Paris)
France 748 contributions 411275 visits
The Autorité de la concurrence fines concerted practices between manufacturers a total of 345,2 € millions and 605,9 € millions on each market concerned* The Autorité de la concurrence issues today a decision whereby it fines home care and personal care manufacturers for having implemented (...)

The EU Court of Justice refers a cartel case back to the EU General Court for a ruling on the merits (Parker Hannifin)
Van Bael & Bellis (Brussels)
Belgium 227 contributions 72774 visits
On 18 December 2014, the Court of Justice of the European Union (“ECJ”) handed down a judgment on an appeal by the European Commission against a judgment of the General Court (“GC”) that reduced the fine imposed on Parker ITR and Parker Hannifin Corp. for participating in the marine hose (...)

The Russian Competition Authority concludes that several undertakings have concluded an anticompetition agreement in the electronic maintenance market (Vostok)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 57369 visits
FAS exposed a bid-rigging cartel at auctions for maintenance of М-54 “Yenisei” Highway* The Federal Antimonopoly Service (FAS Russia) found that “Vostok” Ltd., “Dorogi Sibiri” Ltd., “No.364 DEP” OJSC, “No.363 DEP” OJSC and an individual entrepreneur Oganesyan violated the Federal Law “On (...)

The German Federal Court of Justice upholds the judgement of the Higher Regional Court of Düsseldorf dismissing an administrative fine in an anti-competitive arrangements due to corporate restructuring (Maxit)
Hogan Lovells (Munich)
Germany 65 contributions 25613 visits
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Freshfields Bruckhaus Deringer (Berlin)
Germany 5 contributions 1145 visits
I. The Facts In 2009, the German Federal Cartel Office (FCO) imposed fines on several companies in the mortar sector (FCO, 24 March 2009, B 1-40/06-U 21). The companies were accused of having participated in anti-competitive agreements on set-up fees for dry mortar silos. Among the companies (...)

The French, Swedish, and Italian Competition Authorities investigate on the "parity clauses" in the online hotel booking market (Booking.com)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220784 visits
Launch of Simultaneous Market Tests in Investigations in Online Hotel Booking Sector* On 15 December 2014, the French, Swedish and Italian competition authorities launched market tests of commitments proposed by Booking.com in antitrust investigations in the online hotel booking sector. (...)

The Latvian Competition Authority imposes fines on dealers and importer of cars for their participation to a cartel (Autocentrs, Moller Auto Krasta)
Latvian Competition Council (Riga)
Latvia 124 contributions 24647 visits
The CC Fines Dealers of Volkswagen for 7.6 Million Euros* On 15 December, the Competition Council (CC) of Latvia imposed fines to official dealers and importer of Volkswagen cars in Latvia for taking part in a cartel. For at least five years undertakings systematically coordinated their (...)

The Belgian Competition Authority dismisses instruction regarding potential concerted practices in the energy sector regarding passing on practices of green certificates fine amounts (Green Certificates)
Covington & Burling (Brussels)
Belgium 14 contributions 5679 visits
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Liège University
Belgium 1 contribution 222 visits
I. The Parties Lampiris SA is a Belgian company which main activity consists in the supply of electricity and natural gas. EDF Luminus SA is a company which activity consist in the production of electricity, its gross commerce, and the supplyi of electricity and natural gas. The company is (...)

The Hungarian Competition Authority accepts the commitments of two water companies regarding the data used for the calculation of water needs and closes the antitrust proceedings against them (Fővárosi Vízművek / Fővárosi Csatornázási Művek)
Hungarian Competition Authority (Budapest)
Hungary 95 contributions 19904 visits
The proceedings against Fővárosi Vízművek Zrt. and Fővárosi Csatornázási Művek Zrt. have ended with the acceptance of commitments* The Hungarian Competition Authority (Gazdasági Versenyhivatal – GVH) accepted the commitments of Fővárosi Vízművek Zrt. (FVM) and Fővárosi Csatornázási Művek (...)

The Czech Office for the Protection of Competition issues a revised second-instance decision on anticompetitive agreements on the export prohibition concerning the coal market and decreases the fine imposed (Sokolovská uhelná)
Czech Competition Authority (Brno)
Czech Republic 49 contributions 6711 visits
THE OFFICE REPEATEDLY SANCTIONED THE UNDERTAKING SOKOLOVSKÁ UHELNÁ FOR ANTICOMPETITIVE AGREEMENTS, THE FINE WAS DECREASED* The Chairman of the Office for the Protection of Competition (hereinafter referred to as “the Office”) Mr Petr Rafaj has issued a revised second-instance decision on (...)

The Moscow Arbitration Court confirms that a group of undertakings has concluded an anticompetitive agreement and abused of their dominance (TGK Urissinaskaya GRES)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 57369 visits
Court confirmed FAS decision and recognized that “Volzhsk TGK”, “TGK-6” and “TGK Urissinaskaya GRES” were manipulators* On 11 December 2014, Moscow Arbitration Court supported the decision of the Federal Antimonopoly Service (FAS Russia) on an antimonopoly case against “TGK Urissinaskaya (...)

The European Commission fines fives companies over € 19.4 million in cartel settlement for price coordination and customer allocation (Envelopes)
Constantine Cannon (London)
United States 12 contributions 5980 visits
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UK Competition & Markets Authority - CMA (London)
United Kingdom 2 contributions 677 visits
European Commission Seeks To Stamp Out Envelope Cartel With Fines Totaling 19.48 Million Euros* The European Commission has announced that it has imposed fines totaling 19.48 million euros on five European envelope producers for coordinating prices and allocating customers through an (...)

The Italian Competition Authority closes proceedings against several ferry operators finding no evidence of a cartel in the market for maritime services in the Strait of Messina (Servizi di cabotaggio marittimo Stretto di Messina)
Legance - Studio Legale (Rome)
Italie 21 contributions 31242 visites
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Chiomenti (Milan)
Italy 2 contributions 557 visits
Introduction On 11 December 2014, the Italian Competition Authority (“ICA”) adopted a decision closing the investigation launched in June 2013 against several ferry operators active in the Strait of Messina for an alleged violation of Art. 101 TFEU - Caronte & Tourist S.p.A. (...)

The Russian Competition Authority imposes fines on crab cartel participants (Aquaresource-DV)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 57369 visits
FAS fined crab cartel participants 213 million RUB* On 10 December 2014, the Federal Antimonopoly Service (FAS Russia) held crab cartel participants administratively liable. FAS imposed a turnover fine upon “Aquaresource-DV” Ltd. - 106.6 million RUB and “Taifun” Ltd. – 106.6 million RUB. (...)

The EU General Court confirms that the French Council of Pharmacists has infringed art. 101 TFEU but reduces the EC’s fine slightly (Ordre national des pharmaciens)
European Commission - DG COMP (Brussels)
Belgium 4 contributions 1881 visits
Background Under French law, clinical biology analyses may only be carried out in dedicated laboratories under the supervision of a biological doctor or pharmacist. Biological pharmacists hold 95% of the cumulated share of that service market . The National Council of Pharmacists (“Ordre (...)

The Moscow Arbitration Court confirms that two banking companies have concluded an anticompetitive agreement (Bank PSA / Rusfinance Bank)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 57369 visits
Arbitration Court: obligations of “Rusfinance Bank” under the framework of cooperation with “Bank PSA Finance RUS” are anticompetitive* On 9 December 2014, Moscow Arbitration Court dismissed the claim of “Bank PSA Finance RUS” Ltd. to invalidate FAS decision on an antimonopoly case against (...)

The Lithuanian Competition Council imposes fines on a food retailer and a frozen bakery producer for having implemented an anticompetitive agreement (Maxima and Mantinga)
Lithuanian Competition Authority (Vilnius)
Lithuania 107 contributions 20937 visits
ANTI-COMPETITIVE AGREEMENT BETWEEN MAXIMA LT AND UAB MANTINGA RESULTED IN HIGHER COSTS FOR CONSUMERS* Competition Council (the KT) disclosed an anti-competitive agreement between food retail chain MAXIMA LT, UAB (MAXIMA) and frozen bakery producer UAB Mantinga (Mantinga). The companies fixed (...)

The Indian Competition Authority exonerates major telephone manufacturer from charges of anticompetitive practices due to lack of evidence (Samsung India)
Vaish Associates Advocates (New Delhi)
India 263 contributions 43260 visits
CCI exonerates Samsung from alleged anti-competitive practices* Competition Commission of India (“CCI”) by way its order dated December 5, 2014 has exonerated Samsung India from the charges of unfair business practices with respect to sale and supply of spare parts and equipments of (...)

The Australian Competition and Consumer Commission grants first resale price maintenance authorisation to a power tools manufacturer (Tooltechnics)
University of Melbourne
Australia 7 contributions 2872 visits
On 5 December 2014 the Australian Competition and Consumer Commission (ACCC) granted its first authorisation in relation to resale price maintenance (RPM). RPM is per se prohibited in Australia. Although an authorisation (exemption) mechanism for RPM, determined on public benefits grounds, (...)

The Moscow Arbitration Court rejects the fact that its press release has harmed to the business reputation of an undertaking (Argus-Spektr)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 57369 visits
Cassation Court confirmed that the business reputation of “Argus-Spektr” CJSC was not harmed* On 4 December 2014, Moscow Arbitration Court upheld the rulings of the lower Courts to dismiss the claim of “Argus-Spektr” CJSC to protect the company’s business reputation and recover 1 million RUB (...)

The EU Court of Justice provides further guidance on long-term exclusive purchase and non-compete obligations (Estación de Servicio Pozuelo / Galp Energía España)
Van Bael & Bellis (Brussels)
Belgium 391 contributions 95478 visits
On 4 December 2014, the European Court of Justice (the “ECJ”) issued an order addressing two preliminary questions from the Spanish Supreme Court concerning an exclusive purchase obligation, which presumably prevented the party bound by the exclusivity from purchasing the products of competing (...)

The Spanish Competition Authority fines three companies for a cartel concerning the supply of industrial bearings for railway vehicle to the national operating company of the Spanish railways (RENFE / SKF / Schaeffler / NSK)
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 47346 visits
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Callol, Coca & Asociados (Madrid)
Spain 65 contributions 22354 visits
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Callol, Coca & Asociados (Madrid)
Spain 61 contributions 4241 visits
The National Markets and Competition Commission (NMCC) has imposed fines totalling EUR 4 million upon three companies that supply bearings to RENFE, which had formed a cartel (Decision of 4 December 2014, file S/0453/12). The NMCC has imposed fines totalling EUR 4.057 million upon three (...)

A US Distrit Court holds that a designer wedding dress line does not constitute a relevant product market (House of Brides / Alfred Angelo)
Sheppard Mullin (Los Angeles)
États-Unis 46 contributions 8064 visites
Allegations That Designer Wedding Dress Line Constitutes A Relevant Product Market Found Implausible* Allegations that a highly specialized designer line of wedding dresses lacks reasonable substitutes fail to support allegations of Sherman Act violations for price fixing and group boycott (...)

The European Court of Justice decides that competition law does not apply to arrangements among freelance substitute orchestra musicians that aim at improving their working conditions if these musicians can be qualified as ‘workers’ (Kunsten Informatie en Media)
University of Amsterdam
Netherlands 7 contributions 1096 visits
Albany revisited: the Court directs NCA to carry a more social tune* In C-413/13 FNV Kunsten Informatie en Media, the Court decided that competition law does not apply to arrangements among freelance substitute orchestra musicians that aim to improving their working conditions. In so doing, (...)

The US Court of Appeals for the Federal Circuit decides on the reasonableness of licensing royalty for standard-essential patents (Ericsson / D-Link)
Constantine Cannon (Washington)
United States 4 contributions 1063 visits
Reasonableness Of Licensing Royalties Is On Trial As Courts And Standard-Setting Organizations Wrestle With Standard-Essential Patents* The ongoing battle over what constitutes a “reasonable” licensing royalty for standard-essential patents has now been joined by the U.S. Court of Appeals (...)

The Hungarian Competition Authority imposes fines on several driving schools for concerting on the prices of their trainings (ATI Autóközlekedési Tanintézet)
Hungarian Competition Authority (Budapest)
Hungary 95 contributions 19904 visits
The driving schools in Győr have concerted the price of their trainings* According to the decision of the Hungarian Competition Authority (Gazdasági Versenyhivatal – GVH), the ATI Autóközlekedési Tanintézet Kft., "BILUX" Győr-Moson-Sopron Megyei Gépjárművezető Kft., HORVÁTH TANODA Oktató és (...)

The Romanian Competition Authority sanctions a collective boycott aimed at the elimination of a competitor from the market (Brand Programming Network)
DLA Piper (Bucharest)
Roumanie 8 contributions 2418 visites
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DLA Piper (Bucharest)
Romania 3 contributions 804 visits
Introduction The Romanian Competition Council ("RCC") published in January 2015 a decision ("RCC Decision") pursuant to an investigation concerning an alleged cartel on the market for media buying services ("RCC Investigation"). The RCC Investigation involved a significant number of (...)

The Italian Administrative Tribunal fines two pharmaceutical companies for colluding in the market for ophthalmic drugs (Roche / Novartis)
Ashurst (Milan)
Italy 103 contributions 30349 visits
Italian court confirms hefty fines on Novartis and Roche* On 2 December 2014, Italy’s Tribunale Amministrativo Regionale del Lazio (“TAR Lazio”) handed down its ruling (only available in Italian) concerning the alleged anticompetitive agreement between Roche and Novartis in the market for (...)

The Russian Competition Authority is concerned about the price increasing in the construction sector (Gosstroismeta)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 57369 visits
FAS will look into pricing in the construction sector* On 2 December 2014, the Federal Antimonopoly Service (FAS Russia) initiated a case against the Ministry of Regional Development of RF, Gosstroi [the Federal Agency for Construction and Housing-and-Utility Sector], “Federal Centre for (...)

The Indian Competition Authority exonerates a manufacturer of label printing machines from charges of anticompetitive conduct due to existence of competitors (Magnus Graphics / Nilpeter, SaiCom)
Vaish Associates Advocates (New Delhi)
India 263 contributions 43260 visits
CCI exonerates Nilpeter and SaiCom for alleged abuse of dominance* CCI by way of its order dated December 2, 2014 has exonerated Nilpeter India limited (“Nilpeter”) and SaiCom Codes Flexo Print Pvt. Ltd. (“SaiCom”) for alleged unfair business practices with respect to after sale service for (...)

The Italian Administrative Court upholds the condemnation of two pharmaceutical companies for breaching Article 101 TFEU with regard to the marketing (Roche, Novartis)
Municipality of Cagliari
168 contributions 134426 visits
By a recent judgment in the case Novartis-Roche/AGCM the Regional Administrative Court of Latium (the Court) has uphold on appeal the decision made by Italian Competition Authority (ICA) in the Roche/Novartis case. The ICA had imposed on Roche and Novartis a fine of Euro 180 million for an (...)

Unilateral Practices

 The Indian Competition Commission initiates investigations concerning resale price maintenance in the e-commerce and automobile sectors (Jasper / KAFF / FX Enterprise Solutions / Hyundai)
Sarvada Legal (New Delhi)
7 contributions 1624 visits
Competition Commission of India Initiates Investigation in relation to Resale Price Maintenance –impact on business operations* The Competition Commission of India (CCI) has recently launched investigations in relation to RPM in two sectors: the e-commerce sector (Jasper Infotech Private (...)

The Louisiana’s Attorney General sues a pharmaceutical company for violating antitrust rules by filing baseless citizen petitions to the US Food and Drug Administration in order to delay the entry of a generic product in the market (GlaxoSmithKline)
DLA Piper Weiss-Tessbach (Vienna)
Austria 26 contributions 7710 visits
Louisiana’s Attorney General sues GlaxoSmithKline over delay of generic nasal spray* In December 2014 Louisiana’s attorney general (AG) filed a complaint against GlaxoSmithKline (GSK) alleging that GSK engaged in an anticompetitive scheme to delay the entry of a generic version of its (...)

The Russian Competition Authority concludes that a state-run company has restricted the work of motorway service facilities (Russian Highways)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 57369 visits
FAS Russia: restricting the work of motorway service facilities is unacceptable* The Federal Antimonopoly Service (FAS Russia) found that “Russian Highways” state-run company (Avtodor) violated Article 15 of the Federal Law “On Protection of Competition” (restricting competition by the (...)

The Moscow Arbitration Court confirms that a company has abused its dominance in the market of mine rescue services (Mine Rescue Brigade)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 57369 visits
The Court confirmed legitimacy of FAS decision with regard to “Mine Rescue Brigade”* On 25 December 2014, Moscow Arbitration Court pronounced legitimacy of reasonableness of the decision of the Federal Antimonopoly Service (FAS Russia) on the case against “Mine Rescue Brigade” Federal State (...)

The Court of Almaty finds legal the decisions of Kazakhstan Antimonopoly Agency against a cellular operator based on its abuse of dominance in the market (JSC Kcell)
Center for Development and Protection of Competition Policy (Astana)
Kazakhstan 9 contributions 2048 visits
Facts JSC KCELL is registered with the State Register of dominants/mpnopolists, within the geographic boundaries of the Republic of Kazakhstan by «cellular services» type of activity in the aggregate proportion of over 50% with «KaR-Tel» LLP. The Agency of the Republic of Kazakhstan for (...)

The Italian competition authority fines a company for unfair commercial practices consisting of the publication of misleading information on the tourist facilities’ reviews (TripAdvisor)
Morgan Lewis (New York)
United States 4 contributions 1170 visits
On 19 December 2014, with decision No. 25237 (“Decision”), the Italian Competition Authority (“ICA”) held TripAdvisor LLC and its Italian subsidiary, TripAdvisor Italy S.r.l. (“TripAdvisor”), liable for unfair commercial practices consisting of the publication of misleading information on the (...)

The Moscow Arbitration Court confirms that a distributor has abused its dominance by creating discriminatory conditions in determining the costs of goods advertising services (ATAK)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 57369 visits
Cassation Court confirmed that creating discriminatory conditions for advertising goods in the “ATAK” stores are unlawful* On 18 December 2014, the Arbitration Court of the Moscow District supported the arguments put forward by the Federal Antimonopoly Service (FAS Russia) against “ATAK” (...)

The Bulgarian Competition Authority rules on parallel trade of pharmaceutical products and their limitations (Sopharma)
Tsvetkova Bebov Komarevski (Sofia)
10 contributions 4146 visits
Restrictions of Parallel Trade in Pharmaceuticals – Carte Blanche from the Bulgarian Competition Authority?* The Bulgarian Competition Protection Commission (“CPC” or “Commission”) has recently issued an important decision regarding the parallel trade of pharmaceuticals and the possibilities (...)

The Russian Competition Authority sends a warning to a pharmaceutical company suspected to abuse its dominance (Roche)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 57369 visits
FAS issued a warning to “Roche Diagnostics Rus”* On 17 December 2014, the Federal Antimonopoly Service (FAS Russia) issued a warning to “Roche Diagnostics Rus” Ltd. to stop actions that have elements of violating the antimonopoly law. FAS sees signs that “Roche Diagnostics Rus” Ltd. (...)

The French Competition Authority and the UK Competition and Markets Authority publish their joint report on digital ecosystems
French Competition Authority (Paris)
France 748 contributions 411275 visits
The French Autorité de la Concurrence and the UK Competition and Markets Authority have produced a joint report on ecosystems and their effects on competition.* The digital economy gives consumers and firms increased access to products, services, and information. These different products and (...)

The Finnish Competition Authority intervenes in the municipal waste management company’s competition compromising practice (Pirkanmaan Jätehuolto)
Merilampi Attorneys (Helsinki)
Finland 7 contributions 16310 visits
The Finnish Competition and Consumer Authority (FCCA) issued a decision on 16th December 2014 concerning abuse of dominant position and competition neutrality. It is noteworthy that this is only the second time that the FCCA has issued a decision concerning competition neutrality. Pirkanmaan (...)

The French Competition Authority receives commitments from an online hotel booking company aiming at ending practices likely to constitute an abuse of dominance (Booking.com)
French Competition Authority (Paris)
France 748 contributions 411275 visits
Online hotel booking sector* Booking.com has proposed to the Autorité de la concurrence to remove the so-called “pricing parity clause” obliging hotels to grant it pricing conditions that are at least as favorable as those granted to the other online platforms Hotels can now place (...)

The Finnish Competition Authority intervenes to stop competition-jeopardising pricing practices of a municipal waste management company and decides not to investigate the matter further after pricing changes (Pirkanmaan Jätehuolto Oy)
University of Helsinki
Finland 12 contributions 3340 visits
The Finnish Competition and Consumer Authority has issued a decision not to investigate a case further after exploring the possibility of requiring a municipal cooperative waste management company, Pirkanmaan Jätehuolto Oy, (PJ) to change its pricing policy as to its treatment of public (and (...)

The Russian Competition Authority fines a pharmaceutical company for refusal to supply insulin (Novo Nordisk)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 57369 visits
FAS imposed a turnover fine upon “Novo Nordisk” for refusal to supply insulin* On 15 December 2014, the Federal Antimonopoly Service (FAS Russia) found that “Novo Nordisk” Ltd. committed an administrative offence and imposed a fine for over $ 30 million RUB. “Novo Nordisk” Ltd. violated (...)

The Swedish Competition Authority initiates fines proceedings against a manufacturer of wet tobacco for abusing its dominant position (Swedish Match)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220784 visits
SCA Initiates Fines Proceedings against Swedish Match for Abusing its Dominant Position* On 9 December 2014 the Swedish Competition Authority (SCA) filed proceedings before the Stockholm District Court (the Court) against Swedish Match North Europe AB (Swedish Match), a manufacturer of wet (...)

The Australian Competition Authority grants for the first time a conditional authorisation to engage in resale price maintenance (Tooltechnic Systems)
Competition Appeal Tribunal (London)
United Kingdom 7 contributions 11915 visits
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RBB Economics (Melbourne)
Australia 2 contributions 1776 visits
Refining its Tool Kit – The ACCC’s decision to authorise RPM in the Tooltechnic case* In December 2014 Australia’s Competition and Consumer Commission (“the ACCC”) granted conditional authorisation to Tooltechnic Systems (Australia) Pty Ltd (“Tooltechnic”) to engage in minimum resale price (...)

The US District Court for the Eastern District of Pennsylvania allows “product hopping” claims to proceed based on allegations of removal of prior formulation and disparagement of generic competition (Suboxone)
Patterson Belknap Webb & Tyler (New York)
United States 5 contributions 1217 visits
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Patterson Belknap Webb & Tyler (New York)
United States 5 contributions 1514 visits
Court Allows “Product Hopping” Claims to Proceed in Suboxone Litigation Based on Allegations of Removal of Prior Formulation and Disparagement of Generic Competition* We’ve previously discussed antitrust claims related to “product hopping”—allegations that pharmaceutical manufacturers have (...)

Mergers

 The Chinese Ministry of Commerce implements its new provisions on imposing additional restrictive conditions on concentrations of business operators
King & Wood Mallesons (Beijing)
China 36 contributions 23534 visits
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Ruimin (Shanghai)
China 7 contributions 3685 visits
Developments to the Merger Control Regime in China: MOFCOM’s Provisions on Imposing Additional Restrictive Conditions on Concentrations of Business Operators (for Trial Implementation)* With the collaboration of Al Wu, Sarah Eder and Lingbo Wei. On 4 December 2014, the Provisions of the (...)

The Danish Competition Authority holds that companies have pre-implemented a merger under scrutiny, leading to the first case of gun jumping (EY / KPMG)
DLA Piper (Copenhagen)
Denmark 5 contributions 1468 visits
First case on gun jumping in Denmark* By terminating the agreement with KPMG International on the day of signing an agreement to join EY, KPMG Denmark pre-implemented the merger between KPMG Denmark and EY that the Danish Competition and Consumer Authority (DCCA) ruled in December 2014. It (...)

The Stockholm District Court blocks an already completed merger for the first time (Swedbank Franchise / Svensk Fastighetsförmedling)
Nasdaq (Stockholm)
Sweden 10 contributions 3138 visits
Historic court victory for Swedish Competition Authority* Stockholm District Court blocks the already completed takeover by Swedbank Franchise of Svensk Fastighetsförmedling Sweden’s first court judgment blocking a merger is a major victory for the Swedish Competition Authority. The (...)

The European Commission approves the acquisition of a cement producer by its competitor, subject to conditions (Holcim / Lafarge)
European Commission - DG COMP (Brussels)
Belgium 4 contributions 2236 visits
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European Commission - DG COMP (Brussels)
Belgium 8 contributions 5420 visits
"Holcim / Lafarge: paving the way to first phase clearance"* In the Holcim/Lafarge case, the Commission gave green light to the creation of a global player in the building materials industry. In order to obtain clearance, the Parties offered to divest a package of assets of an (...)

The Indian Competition Authority clears merger between two leading global pharmaceutical companies, due to their limited shares in the national markets (Novartis / GSK)
Vaish Associates Advocates (New Delhi)
India 263 contributions 43260 visits
CCI approves Novartis-GlaxoSmithKline Plc deal* CCI vide its order dated December 12, 2014 has approved a deal between GlaxoSmithKline Plc (“GSK”) and Novartis. CCI, while approving observed that “the negligible presence" of GSK and Novartis and "the presence of significant competitors, the (...)

The US DoJ approves a merger under conditions to resolve a vertical antitrust concern in the vehicle air springs market (Continental / Veyance Technologies)
Doyle, Barlow & Mazard (Washington DC)
United States 5 contributions 1526 visits
DOJ’s Approval of Continental AG’s Acquisition of Veyance Requires Remedy of a Vertical Concern* On December 11, 2014, the Department of Justice (“DOJ”) approved Continental AG’s $1.8 billion acquisition of Veyance Technologies with conditions. The settlement agreements requires (...)

The Austrian Competition Authority withdraws its investigation into a proposed joint venture in the market for rail switch services (voestalpine Weichensysteme / WS Service)
Austrian Competition Authority (Vienna)
Austria 64 contributions 7793 visits
BWB/Z-2308 voestalpine Weichensysteme GmbH - WS Service GmbH* ​​Vienna, December 9, 2014. On April 14, 2014, the Federal Competition Authority reported the acquisition of 49% of WS Service GmbH, a 100% subsidiary of ÖBB-Infrastruktur Aktiengesellschaft (ÖBB Infra), which is active in the (...)

The Chinese MOFCOM publishes for the first time penalty decisions regarding merger control (Unigroup / RDA Microelectronics) (Western Digital / Hitachi)
AnJie Broad Law (Beijing)
China 14 contributions 8877 visits
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Fangda Partners (Hong Kong)
Hong Kong 1 contribution 655 visits
MOFCOM Steps Up: Penalty Decisions Regarding Merger Control Published for the First Time* Two months after the National Development and Reform Commission (“NDRC”) published its last high-profile anti-monopoly penalty decisions (e.g.Japanese Auto Parts and Bearing Manufacturers case, Audi and (...)

The Chinese MOFCOM publishes details of three administrative penalties imposed for breaches of the merger control rules (Western Digital / Ziguang)
Simmons & Simmons (Shenzhen)
China 2 contributions 504 visits
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Simmons & Simmons (Beijing)
3 contributions 615 visits
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Reed Smith (Beijing)
1 contribution 202 visits
Welcome guidance provided on MOFCOM’s fining practices with the publication for the first time of penalties imposed for breaches of the merger control rules. On 08 December of 2014, the Ministry of Commerce of the People’s Republic of China (MOFCOM) published on its website details of three (...)

The Indian Competition Authority directs for the first time a divestiture of assets in a merger case (Sun Pharma / Ranbaxy)
Shardul Amarchand Mangaldas (Mumbai)
India 70 contributions 20140 visits
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Economic Laws Practice (Mumbai)
India 12 contributions 2937 visits
Introduction The Competition Commission of India (“CCI”) for the first time has directed divestitures of assets, before granting its final approval, in a combination relating to merger of Ranbaxy Laboratories Limited (“Ranbaxy”) into Sun Pharmaceutical Industries Limited (“Sun Pharma”) (...)

The Indian Competition Authority approves a merger of two global pharmaceutical companies subject to divestitures in seven markets for different formulations (Sun Pharma / Ranbaxy)
Vaish Associates Advocates (New Delhi)
India 263 contributions 43260 visits
Sun-Ranbaxy deal got conditional approval from CCI* CCI vide its order dated December 5, 2014 has conditionally approved the proposed merger between Sun Pharma and Ranbaxy (collectively called as “parties”), subject to the parties inter alia carrying out the divestiture of their products (...)

The Competition Council of Lithuania clears an acquisition subject to diversture on the alcoholic beverage market (Alita / Mineraliniai Vandenys)
ESG Legal (Vilnius)
Lithuania 13 contributions 8261 visits
On December 5, 2014 Competition Council of the Republic of Lithuania (LCC) gave the green light for the concentration in the Lithuanian beverage market. One of the largest manufacturers of alcoholic beverage and the leading wholesaler of alcohol, tobacco and other consumer goods in Lithuania (...)

The Japan FTC opens in-depth investigation on a merger in the market of manufacturing and selling paper and pulp products and launches a market inquiry (Chuetsu Pulp & Paper / Oji Holdings)
Japan Fair Trade Commission (Tokyo)
Japan 140 contributions 25053 visits
The JFTC Opens Secondary Review Concerning the Proposed Acquisition of Shares of Chuetsu Pulp & Paper Co., Ltd. by Oji Holdings Corporation and Solicits Comments from Third Parties* The Japan Fair Trade Commission (JFTC) received the notification pursuant to the provision of the (...)

The Hellenic Competition Commission clears a merger subject to remedies in the market for chocolate milk and in the market for the procurement of raw milk (Delta / Mevgal)
Hellenic Competition Commission (Athens)
Greece 132 contributions 18632 visits
Clearance of the proposed acquisition by DELTA of MEVGAL, subject to conditions and obligations* HELLENIC REPUBLIC COMPETITION COMMISSION Athens, 1 December 2014, PRESS RELEASE Clearance of the proposed acquisition by the DELTA of MEVGAL, subject to conditions and obligations. The Hellenic (...)

State Aid

 The EU Commission explains that public funding does not have to satisfy the very strict Altmark criteria in order to be authorised if it complies with the relevant regulation or guidelines (Stretto airport)
Maastricht University (Maastricht)
Belgium 357 contributions 67229 visits
* Article published on State Aid Hub (click here), republished in e-Competitions with the courtesy of the author(s). 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 holds that services provided by a public authority in the exercise of its public duties are not economic in nature, even if market operators offer similar services (TenderNed)
Maastricht University (Maastricht)
Belgium 357 contributions 67229 visits
Electronic procurement in the Netherlands* Services provided by a public authority in the exercise of its public duties are not economic in nature, even if market operators offer similar services. The decision analyse in depth the presence or not of economic activity and also respond to (...)

The EU Commission clears an acquisition in the baking sector through a division of assets (Catalunya Banc / BBVA)
Maastricht University (Maastricht)
Belgium 357 contributions 67229 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 General Court holds that a tax measure that applies to certain transactions is not selective if it does not preclude any company or type of asset (Netherlands Maritime Technology Association)
Maastricht University (Maastricht)
Belgium 357 contributions 67229 visits
Tax Measures with Specific Objectives Can still Be General* A tax measure that applies to certain transactions is not selective if it does not preclude any company or type of asset. Conditions for the application of a tax measure may be justified by the logic of the tax system. The (...)

The EU General Court holds that environmental harm does not make State aid incompatible with the internal market (Castelnou Energía)
Maastricht University (Maastricht)
Belgium 357 contributions 67229 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 explains that a private investor may consider possible damage to its reputation from laying off workers but the damage has to be quantified (SNCM)
Maastricht University (Maastricht)
Belgium 357 contributions 67229 visits
SNCM* In 8 July 2008, the Commission took the view that certain measures in favour of Société Nationale Maritime Corse-Méditerranée [SNCM] did not constitute State aid and certain other aid measures were compatible with the internal market. The 2008 decision was partially annulled in (...)

Procedures

 The Russian Competition Authority warns a director of manufacturing company of teas and coffees for having publicly forecasted an increase of coffee and tea prices (Rusteacoffee)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 57369 visits
“Rusteacoffee” General Director is warned by FAS for publically forecasting a growth of coffee and tea prices* The Federal Antimonopoly Service (FAS Russia) issued a warning to Ramaz Chanturia, the General Director of “Rusteacoffee” Russian Association of Tea and Coffee Producers” Non-Profit (...)

The EU General Court extends the Commission discretion when rejecting complaints (Si.mobil)
Queen Mary University of London
Spain 3 contributions 1906 visits
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ClientEarth (Brussels)
Belgium 2 contributions 2041 visits
Si.mobil v European Commission (T-201/11) – ‎Undermining the Effectiveness of EU Competition law?* According to the Automec case-law (paras. 73 ff), the European Commission has discretion as to how it deals with complaints. That said, the Court of Justice of the European Union has clearly (...)

The French and UK Competition Authorities adopt joint report on ecosystems in digital economy and their effects on competition
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220784 visits
Competition Authorities Produce Joint Report on Ecosystems in Digital Economy and their Effects on Competition* The report, which was adopted on 16 December 2014 by the Autorité de la concurrence and the Competition and Markets Authority, looks at the effects of ’open’ and ’closed’ (...)

The Belgian Constitutional Court confirms the legality of a separate appeal procedure against investigative measures of the Competition Authority (Ordre des barreaux francophones et germanophone)
Simmons & Simmons (Brussels)
Belgium 21 contributions 16036 visits
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Euroclear (Brussels)
Belgium 7 contributions 1466 visits
In brief In a judgment of 10 December 2014 the Constitutional Court confirmed the legality of a separate appeal procedure against investigative measures of the Belgian Competition Authority. The Constitutional Court ruled that the appeal procedure, which is only available following the (...)

The Spanish Supreme Court annuls, in two landmark rulings, two decisions from the Competition Authority due to a violation of the fundamental right to inviolability of the home by the Authority (UNESA)
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 47346 visits
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Callol, Coca & Asociados (Madrid)
Spain 65 contributions 22354 visits
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Callol, Coca & Asociados (Madrid)
Spain 61 contributions 4241 visits
The Spanish Supreme Court annuls, in two landmark rulings, two decisions from the Competition Authority due to a violation of the fundamental right to inviolability of the home by the Authority The Supreme Court has annulled inspections carried out by the National Competition Commission (...)

The Spanish Supreme Court annuls inspections on a professional association on grounds of insufficient reasons for the inspection decision (UNESA)
Cuatrecasas (Barcelona)
Spain 7 contributions 1129 visits
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Cuatrecasas (Barcelona)
Spain 1 contribution 109 visits
On December 10, 2014, the Spanish Supreme Court issued judgment number 4201/2011, allowing the appeal that the Asociación Española de la Industria Eléctrica (“UNESA”) filed against the judgment of the Audiencia Nacional (Spanish Court of Appeal, “AN”) of June 2, 2011. The AN’s judgment had (...)

The EU Commission publishes its 5th patent monitoring report
Ian Forrester Consulting
Belgium 23 contributions 31842 visits
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White & Case (Brussels)
Belgium 57 contributions 58486 visits
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White & Case (Brussels)
Belgique 50 contributions 38789 visites
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This article has been nominated for the 2015 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. DG Competition of the European Commission just published its 5th patent monitoring report. It covers patent settlements entered into in 2013. Each year, the (...)

The EU and Switzerland conclude an agreement to structure and facilitate the cooperation between Competition Authorities
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220784 visits
Swiss Cooperation Agreement on Competition Enforcement Enters into Force* On 29 September 2014, the Cartel Division of the Antimonopoly Office (AMO) initiated administrative proceedings against three undertakings for their suspected participation in a cartel agreement relating to public (...)

The cooperation agreement between the European Union and Switzerland concerning the application of their competition laws is in force since the 1st of December 2014
Athena Avocats (Geneva)
Switzerland 18 contributions 3299 visits
NB: This article will be published in Concurrences N° 2-2014, Case comments: International Policy The Agreement between the European Union and Switzerland concerning cooperation on the application of their competition laws came into force on December 1, 2014 (hereafter “Cooperation (...)

Regulatory

 The OECD holds a roundtable on competition and the use of markers in leniency programmes
OECD - Competition Division (Paris)
France 313 contributions 1449421 visits
Executive summary, by the Secretariat * From the background paper, the country contributions and the roundtable discussion on the Use of Markers in Leniency Programmes, the following points emerge: (1) There is a general consensus that leniency programmes play a crucial role in ensuring (...)

The New Zealand Competition Authority invites views on the revision of the cost of capital input methodologies that apply to electricity lines services, gas pipeline services and specified airport services
New Zealand Commerce Commission (Wellington)
New Zealand 180 contributions 25437 visits
Press releases published on New Zealand Commerce Commission Commission seeks views on cost of capital input methodologies* The Commerce Commission is now inviting views on whether it should consider reviewing or amending the input methodologies for the cost of capital that apply to (...)

The French Competition Authority issues its opinion concerning a draft decree relating to the activity of taxis and chauffeur driven cars
French Competition Authority (Paris)
France 748 contributions 411275 visits
The Autorité de la concurrence has published the opinion it provided to the Government on the decree, adopted last December 30, regulating the activity of CDC and taxis.* In brief The Autorité de la concurrence has published its opinion that it submitted to the Government on 9 December (...)

The German Competition Authority issues its monitoring report on developments in the German electricity and gas markets
German Competition Authority (Bonn)
Germany 458 contributions 117225 visits
Monitoring Report 2014 of the Bundesnetzagentur and the Bundeskartellamt* The Bundesnetzagentur and the Bundeskartellamt today published their joint Monitoring Report on key developments in the German electricity and gas markets in 2013. With this report, the Bundesnetzagentur and the (...)

The Canadian and Indian Competition Authorities sign a memorandum of understanding on the application of competition laws
Journal of Parliamentary and Political Law (Ottawa)
51 contributions 21461 visits
Introduction Today’s global economy makes international cooperation in the enforcement of competition laws essential. To this end on 1 December 2014 Canada’s Commissioner of Competition (“Commissioner”) and the Competition Commission of India (“CCI”) signed a Memorandum of Understanding (...)