December 2016

General antitrust

 The Canadian Competition Authority signs a competition law memorandum of understanding with the Hong Kong Competition Authority
Journal of Parliamentary and Political Law (Ottawa)
51 contributions 21409 visits
Introduction Canada expanded its international competition law cooperation framework on 2 December 2016 when the commissioner of competition (commissioner), who has statutory authority to administer and enforce Canada’s Competition Act (Act), signed a Memorandum of Understanding (MOU) with (...)

The OECD holds a session on promoting competition and protecting human rights
OECD - Competition Division (Paris)
France 313 contributions 1439252 visits
The first session of the 2016 OECD Global Forum on Competition focused on "Promoting competition, protecting human rights" during its first session. Competition law enforcement depends on an effective system of human rights, most obviously the right to property, the right to contract and (...)

Anticompetitive practices

 The Finnish Supreme Administrative Court fines a milk producer for predatory pricing in the national fresh milk markets (Valio)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220306 visits
The Supreme Administrative Court considered Valio’s milk pricing a violation of the Competition Act* The Supreme Administrative Court considered Valio’s milk pricing a violation of the Competition Act and ordered a penalty payment of EUR 70 million. In 2012, the FCCA deemed Valio guilty of (...)

The Bulgarian Supreme Administrative Court inflicts a record fine for prohibited vertical agreements within a selective distribution system of cars (Hyundai)
Tsvetkova Bebov Komarevski (Sofia)
10 contributions 4131 visits
After almost a 4-year appeal procedure, in December 2016 the Supreme Administrative Court of the Republic of Bulgaria (the “Supreme Court”), acting as a court of first instance, confirmed one of the biggest fines ever imposed by the Bulgarian Commission for Protection of Competition (the (...)

The Polish Competition Authority fines ski equipment wholesaler for vertical pricing restraints (Fordex)
WKB Wierciński Kwieciński Baehr (Warsaw)
Poland 6 contributions 3527 visits
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Competition and Markets Authority (London)
United Kingdom 7 contributions 2484 visits
In its decision in Case DOK-1/2016 of 23 December 2016, the President of the Office of Competition and Consumer Protection (the “OCCP”) imposed a fine of PLN 72,345 (approx. EUR 16,500) on a ski equipment wholesaler Przedsiębiorstwo Produkcyjno-Handlowe Fordex sp. z o.o. (“Fordex”), for fixing (...)

The Polish Competition Authority fines undertakings for setting minimum resale prices on ski equipment and accessories (Fordex / Intersport)
Polish Academy of Sciences (Warsaw)
Poland 7 contributions 2615 visits
I. The Decision In its decision no DOK-1/2016 of 23rd December 2016, the Office of Competition and Consumer Protection (hereinafter the “Polish Competition Authority”) imposed a fine on Fordex and Intersport for violating Article 6 (the equivalent of Article 101(1) of the Treaty) of the Act (...)

The Italian Regional Administrative Court of Lazio annuls antitrust fines in football TV rights case (Italian Football League)
Administrative Court of Rome
Italy 1 contribution 311 visits
1. Introduction The Regional Administrative Court of Latium upheld the appeals of major tv operators in the pay-tv market, Italian football League and its advisor and annulled the decision of the Italian Competition Authority for an alleged violation of Art. 101 TFEU, consisting in entering (...)

The Italian Regional Administrative Court of Lazio annuls the decision of the Italian Competition Authority concerning an alleged violation of Art. 101 on the sale of broadcasting rights (Sky / RTI / Lega Calcio / Infront)
McDermott Will & Emery (Paris)
France 136 contributions 68522 visits
SALE OF SERIE A BROADCASTING RIGHTS, THE REGIONAL ADMINISTRATIVE COURT OF LAZIO ANNULS THE DECISION OF THE ITALIAN COMPETITION AUTHORITY* On 23 December 2016, the Regional Administrative Court of Lazio (the TAR) annulled the decision of the Italian Competition Authority (the Authority), (...)

The EU Court of Justice Advocate General Wahl considers that derivative liability of parent company may not exceed that of its subsidiary (Heat Stabilisers Cartel)
Van Bael & Bellis (Brussels)
Belgique 389 contributions 94979 visites
Under settled EU case law, a parent company may be held liable for the anticompetitive behaviour of its subsidiary even if the former has not directly participated in the infringement, provided the parent company is in a position to exercise decisive influence over its subsidiary and, in fact, (...)

The German Competition Authority ends proceedings against a dominant firm on the antennas market (Funkturm)
German Competition Authority (Bonn)
Germany 457 contributions 116556 visits
Bundeskartellamt ends proceedings against Deutsche Funkturm after pricing structure amendments* The Bundeskartellamt has terminated the administrative proceedings which it initiated against Deutsche Funkturm GmbH, Münster in January 2015. In the proceedings the authority investigated (...)

The EFTA Surveillance Authority closes investigation into alleged abuse of dominant position by ferry operator and municipality (Color Line / Sandefjord Municipality)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220306 visits
ESA closes Color Line and Sandefjord investigation* On 20 December 2016, the EFTA Surveillance Authority (“ESA”) closed an investigation of the ferry company Color Line and the municipality of Sandefjord in Norway. The parties have ended practices alleged to be in breach of the EEA (...)

The UK Competition Authority fines suppliers of galvanized steel tanks for bid-rigging (Franklin Hodge / Balmoral Tanks / Galglass)
UK Competition & Markets Authority - CMA (London)
United Kingdom 407 contributions 101241 visits
CMA fines water tank firms over £2.7 million* The CMA has today issued 2 decisions imposing fines on suppliers of galvanised steel tanks for breaching competition law. Galvanised steel tanks are used for water storage in larger buildings, such as schools, hospitals and other commercial and (...)

The Polish Competition Authority fines a gas boiler and water heater producer for vertical price fixing (Termet)
WKB Wierciński Kwieciński Baehr (Warsaw)
Poland 19 contributions 6765 visits
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Allegro (Warsaw)
Poland 6 contributions 2675 visits
In its decision of 19 December 2016, the Polish Competition Authority (Prezes Urzędu Ochrony Konkurencji i Konsumentów, hereinafter referred to as the “OCCP President” or the “PCA”) fined Termet S.A. the amount of PLN 212,919.00 (approximately EUR 49,000.00) for imposing fixed resale prices (...)

The Australian Competition Authority wins an appeal when finding that an undertaking attempted to induce price-fixing arrangements with airlines despite being their agent (Flight Centre)
Australian Competition and Consumer Commission (Sydney)
Australia 9 contributions 884 visits
The High Court has upheld the ACCC’s appeal in the Flight Centre case, finding that Flight Centre attempted to induce price-fixing arrangements with airlines despite being their agent. This decision has significant ramifications for industries that utilise agency distribution models. The case (...)

The Turkish High State Court annuls the Competition Authority’s decision concerning parallel export restrictions in a vertical agreement (Roche / Corena)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 173 contributions 83920 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 22 contributions 5693 visits
This case summary includes an analysis of the annulment decision of 13th Chamber of the High State Court (2010/4617 E., 2016/4241 K) (“High State Court”). The High State Court cancelled the Turkish Competition Board’s (the “Board”) decision on parallel export restrictions in vertical (...)

The EU General Court dismisses the actions of undertakings in a cartel case and upholds the fines imposed by the Commission (Smart card chips cartel)
Van Bael & Bellis (Brussels)
Belgique 389 contributions 94979 visites
Article 27(2) of Regulation No 1/2003 provides that the parties’ rights of defence are to be fully respected in proceedings by the European Commission pursuant to Articles 101 and 102 TFEU. Article 12 of Regulation 773/2004 states that the Commission must give the parties to whom it has (...)

The Spanish Competition Authority declares exempt retail price maintenance practices by a cosmetics laboratory on the basis of the de minimis principle (Laboratorio Martí Tor)
CMS Albiñana y Suárez de Lezo (Madrid)
Spain 12 contributions 3272 visits
The Spanish Competition Authority (“SCA”) has considered in a decision dated 15 December 2016 that certain retail price maintenance (“RPM”) practices carried out by cosmetic laboratory Martí Tor was not capable of significantly affecting competition, and thereby, of infringing Article 1 of the (...)

The German Competition Authority fines firms in the food retail sector for vertical price fixing (Neumünster)
German Competition Authority (Bonn)
Germany 457 contributions 116556 visits
Fine proceedings for vertical price fixing in the German food retail sector concluded* The Bundeskartellamt has concluded its last three pending proceedings concerning vertical price fixing in the food retail sector. The authority imposed fines totalling 18.3 million euros on EDEKA (...)

The Italian Competition Authority discovers two price-fixing arrangements in the market for the real estate brokerage services but decides not to fine the anticompetitive conducts as they were not a serious competition breach (Usi in Materia di Mediazione Immobiliare)
Municipality of Cagliari
168 contributions 134234 visites
By the recent decision handed down in the case Usi in Materia di Mediazione Immobiliare (UMMI) the Italian Competition Authority (ICA) has closed an antitrust investigation by finding two price-fixing arrangements in the market for the real estate brokerage services agents implemented by two (...)

The French Competition Authority issues an opinion following its sector inquiry on hearing aids
Autorité de la concurrence (Paris)
France 747 contributions 409160 visites
Sector-wide Inquiry on Hearing Aids- the Autorité’s Findings* The Autorité recommends separating the initial purchase of the hearing aid (including immediate fitting and setting during the first year) from the purchase of subsequent follow-up services. It also proposes removing the (...)

The Australian High Court finds that a travel agent engaged in collusive arrangements between sales channels for retail air fares (Flight Centre)
Ashurst (Sydney)
United States 17 contributions 2422 visits
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Ashurst (Sydney)
Australie 9 contributions 2962 visites
In December 2016, the High Court published its decision in the ACCC’s proceedings against Flight Centre. In short, Flight Centre was found to have been “in competition” with the airlines for whom it was agent, in selling their fares. In this context, an attempt by Flight Centre to reach an (...)

The Hungarian Supreme Court confirms the fines imposed in a banking cartel case (Budapest Bank)
Hungarian Competition Authority (Budapest)
Hungary 95 contributions 19796 visits
The Curia of Hungary confirmed the cartel of Banks* On 13 December 2016 the Curia of Hungary confirmed, as a result of the judicial review of case Nr. Vj/74/2011/873 concerning the decision of the Hungarian Competition Authority (Gazdasági Versenyhivatal – GVH), that Hungarian banks had (...)

The EU General Court annuls a cartel settlement decision on appeal due to the Commission’s failure to sufficiently inform the undertakings on the fining methodology used (Printeos)
Van Bael & Bellis (Brussels)
Belgique 389 contributions 94979 visites
Under the Commission’s cartel settlement procedure, an undertaking admitting liability to a cartel infringement and waiving certain procedural rights is rewarded with a 10% reduction in the fine. In the envelopes cartel case, the Commission fined five producers €19.4 million under the (...)

The Slovenian Administrative Court annuls the Competition Authority’s decision on a construction bid-rigging cartel for insufficient proof of restriction by object (Maribor Medical Emergency Unit)
Rojs, Peljhan, Prelesnik & partnerji (Ljubljana)
Slovenia 4 contributions 189 visits
By the decision as of 21 May 2015, the Slovenian Competition Protection Agency ("the Agency") established that construction undertakings GH Holding, Tames and Begrad (collectively: “Undertakings”) had colluded in the tender procedure for the construction of Maribor Medical Emergency Unit by (...)

The EU Commission fines rechargeable battery producers €166 million in cartel settlement (Sony / Panasonic / Sanyo)
European Commission - DG COMP (Brussels)
Belgium 1362 contributions 2929776 visits
Antitrust: Commission fines rechargeable battery producers €166 million in cartel settlement* The European Commission has fined Sony, Panasonic and Sanyo a total of €166 million. The companies and Samsung SDI coordinated prices and exchanged sensitive information on supplies of rechargeable (...)

The Indian Competition Appellate Tribunal upholds the Competition Authority’s decision against 4 public insurance companies but reduces fines to avoid overburdening taxpayers (National Insurance / New India Insurance / Oriental Insurance / United India Insurance)
Vaish Associates Advocates (New Delhi)
India 263 contributions 43042 visits
COMPAT upholds CCI order against four Insurance Companies, but reduces penalty* COMPAT vide order dated December 09, 2016 has upheld CCI order dated July 10, 2015 passed under section 27 of the Act against Public Sector Insurance Companies for bid-rigging while reducing the penalty from Rs. (...)

The Indian Competition Appellate Tribunal upholds the Competition Authority’s decision against car manufacturers in the spare car parts market (Ford India / Nissan Motor India / Toyota Kirloskar Motor)
Vaish Associates Advocates (New Delhi)
India 263 contributions 43042 visits
Competition Appellate Tribunal (COMPAT) rejects appeals of Ford, Nissan and Toyota against CCI Order in Car Spare Parts case but reduces penalty amounts* In an important and path breaking order the Competition Appellate Tribunal (COMPAT) vide order dated December 9, 2016 has upheld the (...)

The Indian Competition Appellate Tribunal reverses the Competition Authority’s fine due to mistakes in the investigation in the chemists’ association cartel (AIOCD All India Organization of Chemists & Druggists / OPPI Organization of Pharmaceuticals Producer of India)
Vaish Associates Advocates (New Delhi)
India 263 contributions 43042 visits
COMPAT sets aside penalty imposed by CCI on All India Organization of Chemists and Druggists for cartelization* Competition Appellate Tribunal (COMPAT) by its order dated December 9, 2016 has set aside the orders dated 19.2.2013, 09.12.2013 passed by the Competition Commission of India (CCI) (...)

The Latvian Competition Authority fines three undertakings for bid-rigging in municipal waste collection and transportation sector (Ekoaplinka)
Latvian Competition Council (Riga)
Latvia 124 contributions 24545 visits
Anti-competitive agreement in municipal waste collection and transportation sector* On December 8, 2016 the Competition Council found that in 2015 UAB Ekoaplinka, UAB Ecoservice and UAB Marijampolės švara (hereinafter – Companies) concluded a collusive bidding agreement while participating (...)

The EU Commission fines three companies for participating in a cartel in the euro interest rate derivatives sector (Crédit Agricole / HSBC / JP Morgan Chase)
Herbert Smith Freehills (London)
United Kingdom 14 contributions 3700 visits
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Herbert Smith Freehills (London)
United Kingdom 14 contributions 3060 visits
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Herbert Smith Freehills (Brussels)
Belgium 121 contributions 74002 visits
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On 9 April 2019, the European Commission published the full text of its decision to fine Crédit Agricole, HSBC and JPMorgan Chase for participating in a cartel in the euro interest rate derivatives ("EIRD") sector. While four of the seven participating banks settled the case with the (...)

The Indian Competition Appellate Tribunal reverses the fine against a professional association and its compliant pharmaceutical member company due to anticompetitive agreements (Maruti & Company / KCDA Karnataka Chemists & Druggists Association / Lupin)
Vaish Associates Advocates (New Delhi)
India 263 contributions 43042 visits
COMPAT set asides penalty imposed on Lupin and its office bearers* COMPAT vide order dated December 07, 2016 while setting aside the order dated July 28, 2016 of CCI has quashed the penalty of Rs 73 Crores imposed on Lupin Ltd. (“Lupin”) and its two officials for alleged anticompetitive (...)

The EU Commission fines three banks for cartel on the euro interest rate derivatives market (Crédit Agricole / HSBC / JPMorgan Chase)
European Commission - DG COMP (Brussels)
Belgium 1362 contributions 2929776 visits
Antitrust: Commission fines Crédit Agricole, HSBC and JPMorgan Chase € 485 million for euro interest rate derivatives cartel* The European Commission has fined Crédit Agricole, HSBC and JPMorgan Chase, a total of € 485 million for participating in a cartel in euro interest rate derivatives. (...)

The Portuguese Competition Authority fines five paper envelopes manufacturers and distributors for engaging into a cartel (Copidata)
Portuguese Competition Authority (Lisbon)
Portugal 119 contributions 30098 visits
Portuguese Competition Authority dismantles cartel of paper envelopes* The Portuguese Competition Authority (AdC) dismantled a five-member cartel of paper envelopes producers and distributors, and imposed a fine of €160.000,00 on the company Firmo Papéis e Papelarias, S.A. The (...)

The Latvian Competition Authority fines two firms for bid-rigging in the purchase of machinery market (Rovaltra / Žagarės inžinerija)
Latvian Competition Council (Riga)
Latvia 124 contributions 24545 visits
Competition council disclosed an anti-competitive agreement in public procurement* On December 5, 2016 the Competition Council found that in 2014 UAB Žagarės inžinerija and UAB Rovaltra (hereinafter – Companies) concluded a collusive bidding agreement while participating in the public (...)

The UK Competition Authority obtains a novel "disqualification undertaking" for a managing director of online poster suppliers on the basis that an undertaking agreed not to act as a director of a UK company for 5 years (Mr Aston)
Peters & Peters (London)
United Kingdom 1 contribution 205 visits
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Peters & Peters (London)
United Kingdom 1 contribution 205 visits
An easier route to individual liability for cartel conduct?* On 1 December 2016, the UK Competition and Markets Authority (“CMA”) obtained a novel “disqualification undertaking” from Daniel Aston, the managing director of online poster supplier Trod Limited, whereby Mr Aston agreed not to (...)

Unilateral Practices

 The Shanghai Price Bureau fines a company for setting minimum prices in its distribution of pasteurised milk products (Speed Fresh)
University of Melbourne
Australia 103 contributions 29767 visits
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Hogan Lovells (Beijing)
China 81 contributions 20954 visits
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University of Melbourne
Australia 68 contributions 16372 visits
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On 27 December 2016, the Shanghai Price Bureau published its decision to fine Shanghai Speed Fresh Logistics Co., Ltd. (Speed Fresh) for setting minimum prices in its distribution of pasteurised milk products. The authority had completed its investigation on 13 July 2016. The Shanghai (...)

The Bulgarian Competition Authority fines a licensed manufacturer of alcoholic beverages for abuse of superior bargaining power (Kaufland)
Dimitrov, Petrov & Co (Sofia)
Bulgaria 2 contributions 882 visits
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Dimitrov, Petrov & Co (Sofia)
Bulgaria 1 contribution 283 visits
Bulgarian Commission for Protection of Competition imposed a second sanction for abuse of superior bargaining power* After the Bulgarian Commission for Protection of Competition (CPC) imposed a sanction on Siemens EOOD for abuse of superior bargaining position in May 2016, at the end of the (...)

The Czech Competition Authority accepts commitments in a case on alleged abuse of dominance by an energy company applying a pricing formula included in a long-term supply agreement (ČEZ)
Diwok Hermann Petsche (Baker McKenzie Vienna)
Austria 7 contributions 2343 visits
The Czech Competition Authority ("CCA") accepted in a decision of 20 December 2016 commitments offered by ČEZ, a partly state-owned Czech energy company, due to an alleged abuse of dominant position on the market for purchasing of brown coal. While the CCA refrained from final findings (...)

The UK Competition Authority provisionally finds that a pharmaceutical company has broken competition law by charging excessive prices to the NHS for hydrocortisone tablets (Actavis)
UK Competition & Markets Authority - CMA (London)
United Kingdom 407 contributions 101241 visits
Pharmaceutical company accused of overcharging NHS* The pharmaceutical company Actavis UK (formerly Auden Mckenzie) has increased the price of 10mg hydrocortisone tablets by over 12,000% compared to the branded version of the drug which was sold by a different company prior to April 2008. (...)

The Indian Competition Appellate Tribunal upholds the Indian Competition Authority’s decision for abuse of dominance against a coal company but cancels the fine due to the company already recently paying fine in a similar case (Sai Wardha Power / Coal India)
Vaish Associates Advocates (New Delhi)
India 263 contributions 43042 visits
COMPAT upholds the order passed by CCI against Coal India Limited for abuse of dominance* COMPAT by its order dated December 09, 2016 has upheld the order of CCI whereby it held that Coal India Limited and Western Coalfields Limited were acting independently of the market forces and enjoy (...)

The Ljubljana Court of Appeal annuls a decision concerning minor offense proceedings against a collecting society (SAZAS)
Fatur Menard (Ljubljana)
Slovénie 20 contributions 53756 visites
Introduction In SAZAS case, the Slovenian Competition Protection Office (hereinafter referred to as the CPO) adopted a partial administrative decision in April 2011 (Case 306-35/2009-108), finding that Združenje skladateljev, avtorjev in založnikov za zaščito avtorskih pravic Slovenije (...)

The UK Competition Authority publishes full decision on excessive pricing in the pharmaceutical sector and focuses on intention and evidence (Pfizer / Flynn)
Burges Salmon (London)
United Kingdom 4 contributions 2350 visits
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Agoda (Bangkok)
Thailand 12 contributions 4238 visits
The CMA’s decision relies heavily on evidence of the parties’ intentions in applying competition rules. On 15 June 2017, the UK Competition and Markets Authority (CMA) published the full non-confidential version of its decision to fine Pfizer and Flynn a record £84.2m for their excessive and (...)

The UK Competition Authority fines two pharmaceutical companies for charging excessive prices concerning an anti-epilepsy drug (Pfizer / Flynn)
UK Competition & Markets Authority - CMA (London)
United Kingdom 407 contributions 101241 visits
CMA fines Pfizer and Flynn £90 million for drug price hike to NHS* The CMA has fined pharma companies Pfizer and Flynn Pharma nearly £90 million for charging excessive prices to the NHS for an anti-epilepsy drug. The Competition and Markets Authority (CMA) has imposed a record £84.2 (...)

The Indian Competition Appellate Tribunal requests an investigation into an abuse of dominance by a global taxi services company (Meru Travels Solutions / Uber India)
Vaish Associates Advocates (New Delhi)
India 263 contributions 43042 visits
COMPAT directs investigation against Uber India for Abuse of Dominance* COMPAT by its order dated December 7, 2016, has set aside the order dated February 10, 2016 of CCI closing the information filed against Uber India Systems Private Limited (“Uber”) for alleged abuse of dominant position (...)

The Chinese NDRC fines a healthcare company for price-fixing for 4% of its sales revenue on cardiovascular and diabetes medical device products in China (Medtronic)
University of Melbourne
Australia 103 contributions 29767 visits
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Hogan Lovells (Beijing)
China 81 contributions 20954 visits
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China Competition Bulletin (Beijing)
China 101 contributions 26717 visits
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On 7 December 2016, the NDRC announced that it had investigated and fined Medtronic for engaging in RPM in breach of the AML. The NDRC found that, since 2014, Medtronic had agreed with its distributors to limit the resale, tender, and minimum prices of its cardiovascular, restorative (...)

The French Court of Appeal for Paris agrees that the tying of online and newspaper obituaries constitutes an abuse of dominance but reduces damages by eighty percent (Aviscom / La Montagne / Centre France Publicité / Dans nos cœurs)
Herbert Smith Freehills (Paris)
France 63 contributions 13536 visits
Brief summary of facts Aviscom operates a website for obituaries and condolences. It claimed that the newspaper La Montagne and the company “Dansnoscoeurs” it set up with other newspapers and which competes with Aviscom committed unfair commercial practices and abused their dominance. (...)

The Indian Competition Authority dismisses market sharing allegations against 4 companies in the market for Digital Projection Systems in cinema halls (Eskay Video / Real Image Media Technologies Mumbai)
Vaish Associates Advocates (New Delhi)
India 263 contributions 43042 visits
CCI closes case against Real Image Media Technologies, Shree Venkatesh Films, UFO movies and Arti Cinemas Pvt. Ltd. for alleged anti-competitive practices and abuse of dominance* CCI by its order dated December 06, 2016 has closed the case against Real Image Media Technologies Mumbai, (OP-1) (...)

The Turkish Competition Authority publishes a reasoned decision on the pharmaceutical industry (Turkish Pharmacists Association)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 173 contributions 83920 visits
Introduction The Competition Board recently published a reasoned decision (December 6 2016; 16-42/699-313) following its investigation into whether the Pharmacists’ Association (TEB) and the Pharmacists’ Association Commercial Enterprise (TEBII) had violated Article 6 of Law 4054 on the (...)

The Latvian Competition Authority identifies significant competition barriers in waste-management sector following its sector inquiry
Latvian Competition Council (Riga)
Latvia 124 contributions 24545 visits
The CC finds Significant Competition Barriers in Waste-Management Sector* The Competition Council of Latvia (the CC) has identified a number of existing competition barriers created by both market structure and regulatory framework in the waste-management market in Latvia after commencing a (...)

Mergers

 The Chinese MOFCOM conditionally clears a merger in the vascular closure devices market (Abbott Laboratories / St Jude Medical)
Hogan Lovells (Beijing)
China 81 contributions 20954 visits
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University of Melbourne
Australia 103 contributions 29767 visits
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China Competition Bulletin (Beijing)
China 101 contributions 26717 visits
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On 30 December 2016, Abbott Laboratories’s acquisition of St Jude Medical was conditionally approved by the MOFCOM. On 4 July 2016, Abbott Laboratories submitted its notification to the MOFCOM, which was accepted as complete on 6 September 2016. The authority’s review entered phase 2 on 6 (...)

The Spanish Competition Authority clears a merger subject to remedies in the healthcare sector (Fresenius Helios / Quironsalud)
Callol, Coca & Asociados (Madrid)
Espagne 170 contributions 47170 visites
The acquisition (Transaction) of Quironsalud by Fresenius Helios had been initially notified to the European Commission, who referred the Transaction to the SCA under Article 9 of the EU Merger Regulation. On 22 December 2016, the SCA issued its phase I decision authorizing the Transaction (...)

The Irish Competition Authority clears a merger subject to two behavioral remedies in the private technologically advanced hospitals market (Bon Secours / Barringtons)
Trinity College Dublin (Dublin)
Ireland 12 contributions 1179 visits
Introduction 1. On 21 December 2016 the Competition and Consumer Protection Commission (CCPC), Ireland’s competition agency, cleared, after an extended Phase I, the acquisition whereby Bon Secours Health System Company Limited by Guarantee (Bon Secours) would acquire sole control of (...)

The Supreme Administrative Court of the Czech Republic confirms fine for not complying with structural commitments imposed in merger approval decision (Rewe / Plus Discount)
Skils (Prague)
Czech Republic 35 contributions 26216 visits
On 21 December 2016, the Supreme Administrative court rejected cassation appeal of REWE Zentralfinanz eG (“REWE”) against the previous judgment of the Regional Court in Brno which rejected claim against the Czech Office for Protection of Competition (“Office”) alleging that the Office acted (...)

The EU Commission sends a statement of objections to a social network suspected of having transmitted misleading informations concerning a merger (Facebook / WhatsApp)
European Commission - DG COMP (Brussels)
Belgium 1362 contributions 2929776 visits
Mergers: Commission alleges Facebook provided misleading information about WhatsApp takeover* The European Commission has sent a Statement of Objections to Facebook alleging the company provided incorrect or misleading information during the Commission’s 2014 investigation under the EU (...)

The Chinese MOFCOM rules that a foreign-to-foreign deal "jumped the gun" in breach of antitrust rules (Canon / Toshiba)
Hogan Lovells (Beijing)
China 81 contributions 20954 visits
MOFCOM rules that foreign-to-foreign deal "jumped the gun" in breach of antitrust rules* In a decision adopted on 16 December 2016 and made public on 4 January 2017, the Chinese Ministry of Commerce (“MOFCOM“) fined Japanese company Canon for failure to file its acquisition of Toshiba (...)

The Chinese MOFCOM fines an imaging and optical products manufacturer for failure to notify its acquisition of a company active in the medical equipment sector (Canon / Toshiba)
Fangda Partners (Hong Kong)
Hong Kong 3 contributions 274 visits
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Freshfields Bruckhaus Deringer (Beijing)
China 17 contributions 18080 visits
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Freshfields Bruckhaus Deringer (London)
United Kingdom 8 contributions 836 visits
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On 16 December 2016, China’s Ministry of Commerce (MOFCOM) published its decision to fine Canon Inc. (Canon) for failure to notify its acquisition of Toshiba Medical Systems Corporation (TMSC) under the Anti-Monopoly Law (the AML). The decision is an important development for two key (...)

The EU Commission clears a merger, subject to remedies, in the market of dairy products (WhiteWave / Danone)
European Commission - DG COMP (Brussels)
Belgium 1362 contributions 2929776 visits
MERGERS: COMMISSION APPROVES ACQUISITION OF WHITEWAVE BY DANONE, SUBJECT TO CONDITIONS* The European Commission has cleared under the EU Merger Regulation the proposed acquisition of WhiteWave, a US-based manufacturer of packaged foods and beverages, by the French Danone group. The clearance (...)

The Polish Competition Authority clears a merger, subject to remedies, in the wholesale and retail sale of everyday consumer goods market (Dystrybucja Alkoholi / Eurocash)
Polish Competition Authority (Warsaw)
Poland 120 contributions 22632 visits
CONDITIONAL CONCENTRATION CLEARANCE: EUROCASH - PDA* The President of the Office of Competition and Customer Protection (UOKiK) gave his consent to a takeover of Polska Dystrybucja Alkoholi by Eurocash. The transaction may take place providing the purchase of a warehouse in Pabianice is (...)

The Chinese MOFCOM fines a merger in the medical imaging market for gun jumping (Canon / Toshiba)
University of Melbourne
Australia 68 contributions 16372 visits
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University of Melbourne
Australia 103 contributions 29767 visits
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Hogan Lovells (Beijing)
China 81 contributions 20954 visits
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On 16 December 2016, the MOFCOM announced that it had fined Canon RMB 300,000 for failure to notify its proposed acquisition of Toshiba Medical Systems in accordance with the AML on time. Its decision was published on 4 January 2017. The proposed acquisition proceeded in 2 stages. In stage (...)

The Polish Competition Authority gives conditional consent to a merger of undertakings operating on the market for wholesale and retail sale of alcoholic beverages (Eurocash / Polska Dystrybucja Alkoholi)
WKB Wierciński Kwieciński Baehr (Warsaw)
Poland 19 contributions 6765 visits
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Allegro (Warsaw)
Poland 6 contributions 2675 visits
In its decision of December 2016, the Polish Competition Authority (Prezes Urzędu Ochrony Konkurencji i Konsumentów, the “OCCP President” or the “Authority”) has given his conditional consent for Eurocash to take control over Polska Dystrybucja Alkoholi (hereinafter the “PDA”). Both (...)

The French Court of Appeal for Paris awards €6.9M in damages to a transport operator because it suffered a loss of customers due to rival setting up a joint-venture with a dominant train operator (SNCF Mobilités / Switch)
Herbert Smith Freehills (Paris)
France 63 contributions 13536 visits
Brief summary of facts An SNCF subsidiary (now SNCF Mobilités) teamed up with Expedia (the worldwide leader in online travel sales) to create a joint venture to offer non-rail travel agency services on the website voyages-sncf.com. Other travel agencies were not able to offer similar (...)

The Dutch Competition Authority clears a merger in the telecommunication market (Vodafone Thuis / T-Mobile)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 212 contributions 36664 visits
ACM CLEARS ACQUISITION OF VODAFONE THUIS BY T-MOBILE* Telecom provider T-Mobile is allowed to acquire the fixed-telecom division of Vodafone Netherlands. Vodafone has branded this division ‘Vodafone Thuis,’ which offers services for fixed telephony, TV, and internet. The Netherlands (...)

The Danish Maritime and Commercial Court requests the EU Court of Justice provide guidance on gun-jumping test (EY / KPMG)
Szecskay Attorneys at Law (Budapest)
Hungary 3 contributions 1067 visits
CJEU requested to provide guidance on gun-jumping test* With Post Danmark I and II under their belts, it seems Danish courts are punching above their weight when it comes to contributing to the CJEU’s development of EU competition law through preliminary rulings. Yet another interesting (...)

The EU Commission conditionally clears a merger in the professional social network market (Microsoft / LinkedIn)
Milbank (London)
Royaume-Uni 21 contributions 12375 visites
European Commission Approves Microsoft Acquisition of LinkedIn Subject to Conditions* On 6 December 2016, the European Commission cleared the acquisition of LinkedIn by Microsoft, subject to Microsoft granting LinkedIn’s competitors access to certain LinkedIn tools. “Big Data” concerns (...)

The EU Commission clears a merger subject to remedies on the professional social networks market (Microsoft / LinkedIn)
European Commission - DG COMP (Brussels)
Belgium 1362 contributions 2929776 visits
MERGERS: COMMISSION APPROVES ACQUISITION OF LINKEDIN BY MICROSOFT, SUBJECT TO CONDITIONS* The European Commission has approved under the EU Merger Regulation the proposed acquisition of LinkedIn by Microsoft. The decision is conditional on compliance with a series of commitments aimed at (...)

The EU Commission clears the acquisition of a leading global professional social networking platform by a leading global software company, subject to 5-year remedies that include monitoring and prevention of tying (Microsoft / LinkedIn)
European Commission - Legal Service (Brussels)
Belgium 2 contributions 1234 visits
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European Commission - DG Internal Market and Services (Brussels)
Belgium 5 contributions 3397 visits
Microsoft/LinkedIn: Big data and conglomerate effects in tech markets* In a nutshell: The Microsoft/LinkedIn case is an important development in the Commission’s assessment of mergers involving data-related issues in tech industries. It provides further guidance on the framework for the (...)

The UK Competition Authority launches a market test concerning a merger in the fruit juice market (Hain / Orchard)
UK Competition & Markets Authority - CMA (London)
United Kingdom 407 contributions 101241 visits
CMA CONSULTS ON FRUIT JUICE MERGER UNDERTAKINGS* The CMA is consulting on undertakings offered by Hain to address merger competition concerns arising from its purchase of Orchard. Hain Frozen Foods UK Limited (Hain) and Orchard House Foods Limited (Orchard) are the only 2 suppliers of (...)

The Singaporean Competition Authority proposes updates to its guidelines on the substantive assessment of mergers likely to have great impact on digital and data-driven industries
Bird & Bird (Singapore)
Singapore 4 contributions 409 visits
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Bird & Bird (Singapore)
Singapore 5 contributions 479 visits
The Competition and Consumer Commission of Singapore (“CCCS”) has proposed updates to several of its guidelines. Among these, are updates to the Guidelines on the Substantive Assessment of Mergers. The proposed amendments are likely to have great impact on digital and data-driven industries. (...)

State Aid

 The EU Commission approves State aid granted to Italy’s third largest bank in order to rectify a serious disturbance in the Italian economy (Liquidity support to MPS bank)
Maastricht University (Maastricht)
Belgium 357 contributions 66800 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 Court of Justice renders a preliminary ruling on deposit guarantee schemes (Paul Vervloet / Ministerraad)
Maastricht University (Maastricht)
Belgium 357 contributions 66800 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 Court of Justice upholds an appeal by the Commission concerning the selectivity of a Spanish tax measure (World Duty Free Group)
Maastricht University (Maastricht)
Belgium 357 contributions 66800 visits
Selectivity Stretched* Derogations that result in different tax treatment are selective measures. Introduction On 21 December 2016, the Commission achieved an important legal victory when the Court of Justice found in its favour in the judgment in joint cases C‑20/15 P and C‑21/15 P, (...)

Procedures

 The Bulgarian Supreme Administrative Court confirms a fine of over €8 million for several hard-core vertical restrictions (Hyundai)
Dimitrov, Petrov & Co (Sofia)
Bulgaria 2 contributions 882 visits
Bulgaria: First-instance court confirms a fine of over € 8 mln on the distributor of Hyundai in Bulgaria for several hard-core vertical restrictions* At the very end of 2016, the Bulgarian Supreme Administrative Court in its first-instance 3-member panel, confirmed one of the highest fines (...)

The Swedish government passes a new Competition damages act in order to implement the Directive on antitrust damages actions
Delphi (Stockholm)
Sweden 6 contributions 12357 visits
The new Swedish Competition Damages Act* The Swedish implementation of the Directive on Antitrust Damages Actions (the “Directive”) is in force as of 27 December 2016 with the entering into force of the Swedish Competition Damages Act (Sw. Konkurrensskadelag (2016:964)) (the “Act”). The (...)

The Shandong Price Bureau fines a pharmaceutical company for obstructing antitrust investigation (Weifang Longshunhe Pharmaceutical)
China Competition Bulletin (Beijing)
China 101 contributions 26717 visits
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University of Melbourne
Australia 103 contributions 29767 visits
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Hogan Lovells (Beijing)
China 81 contributions 20954 visits
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The NDRC recently announced that, on 25 December 2016, the Shandong Price Bureau imposed a fine of RMB 120,000 on Weifang Longshunhe Pharmaceutical for obstructing an investigation under the AML. The NDRC and the Shandong Price Bureau was jointly investigating Weifang Longshunhe Pharmaceutical (...)

The Guangdong High People’s Court dismisses antitrust lawsuit for lack of jurisdiction (Chenyawang Animal Husbandry Cooperative / Huazhou General Food Company / Huazhou Yangmei Food Company)
University of Melbourne
Australia 68 contributions 16372 visits
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University of Melbourne
Australia 103 contributions 29767 visits
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Hogan Lovells (Beijing)
China 81 contributions 20954 visits
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On 23 December 2016, the Guangdong High People’s Court upheld the first instance judgment dismissing a lawsuit filed by Chenyawang Animal Husbandry Cooperative (Chenyawang) for lack of jurisdiction. The plaintiff filed a lawsuit against the Huazhou General Food Company and the Huazhou (...)

The Chinese Appeal’s Court upholds decisions sanctioning motor vehicle inspection fees cartel
Hogan Lovells (Beijing)
China 81 contributions 20954 visits
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University of Melbourne
Australia 103 contributions 29767 visits
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China Competition Bulletin (Beijing)
China 101 contributions 26717 visits
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The NDRC announced that applications for administrative reconsideration and administrative litigation of the Shaanxi Price Bureau’s decision in April 2016 relating to price fixing in the motor vehicle inspection fee sector have been unsuccessful. The Shaanxi Price Bureau’s decision, which was (...)

The UK Parliament implements the EU antitrust damages directive
Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 13 contributions 3508 visits
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Cleary Gottlieb Steen & Hamilton (London)
Royaume-Uni 27 contributions 8866 visites
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 41 contributions 40185 visits
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The Damages Directive seeks to promote private enforcement of EU competition law before national courts across the European Union (the “EU”). The UK Regulations implementing the Directive were laid before Parliament on 20 December 2016 but will not come into force until after they have (...)

The Polish administration adopts a new legal framework on counteracting the unfair use of contractual advantage
Polish Academy of Sciences (Warsaw)
Poland 7 contributions 2615 visits
I. Introductory Remarks The act on counteracting the unfair use of contractual advantage in the trade in agricultural and food products of December 15, 2016, Journal of Laws of 2017, item 67 (hereinafter: the “Act”) will enter into force on 12 July 2017. It is the result of EU-wide (...)

The English High Court rules that notes of witness interviews prepared by in-house and external counsel in the course of an internal investigation were not covered by legal advice privilege or lawyers’ working papers privilege (RBS Rights Issue Litigation)
Ontier (London)
United Kingdom 1 contribution 306 visits
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Allen & Overy (London)
United Kingdom 2 contributions 695 visits
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Shearman & Sterling (London)
United Kingdom 1 contribution 306 visits
In December 2016, the English High Court ruled that transcripts, notes and other records of witness interviews prepared by in-house and external counsel in the course of an internal investigation were not covered by either legal advice privilege (“LAP”) or lawyers’ working papers privilege. (...)

The OECD holds a roundtable on competition and sanctions in antitrust cases
OECD - Competition Division (Paris)
France 313 contributions 1439252 visits
Competition authorities have imposed substantial fines for competition law violations over the last few decades. Several common steps are observed in setting fines: (i) determination of basic fine; (ii) adjustments (including aggravating and mitigating circumstances); (iii) comparisons to (...)

Regulatory

 The Chinese NDRC investigates and recommends measures to twelve provincial governments concerning their conduct to appoint electricity suppliers
University of Melbourne
Australia 103 contributions 29767 visits
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Hogan Lovells (Beijing)
China 81 contributions 20954 visits
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China Competition Bulletin (Beijing)
China 101 contributions 26717 visits
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The NDRC found that 12 provincial governments had adopted policies that appointed specific electricity suppliers to construct electricity supply equipment in new residential areas and to unify fees. In response to the NDRC’s investigation and recommendation to comply with the AML, the 12 (...)

The Polish Competition Authority gains new powers to fight unfair practices in the food industry
WKB Wiercinski Kwiecinski Baehr (Poznan)
Poland 14 contributions 11016 visits
The Polish Competition Authority gains new powers to fight unfair practices in the food industry* The Act on Combating Unfair Use of Contractual Advantage in Trading in Agricultural and Food Products (the “Act”) will enter into force in the mid-2017. The objective of the Act is to (...)

The Hungarian Competition Authority announces that new amendments to the Hungarian Competition Act enter into force
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220306 visits
New regulations of the Hungarian Competition Act entered into force* The recent amendments of Act LVII of 1996 on the Prohibition of Unfair Trading Practices and Unfair Competition (Tpvt., Hungarian Competition Act) entered into force in December 2016 and in January 2017, and serve a number (...)

The French Competition Authority issues its opinions on the freedom of establishment for bailiffs and judicial auctioneers
Autorité de la concurrence (Paris)
France 747 contributions 409160 visites
Freedom of establishment for bailiffs and judicial auctioneers - Application of the Framework resulting from the "Macron Law" of 6 August 2015* The Autorité de la Concurrence has drawn up maps showing where new offices could be located for bailiffs and judicial auctioneers It recommends the (...)

The Canadian Government releases guidelines on the national security review of investments under the Investment Canada Act New
Fasken Martineau DuMoulin (Toronto)
Canada 23 contributions 356 visits
On December 19, 2016, the Minister of Innovation, Science and Economic Development (Minister) issued Guidelines on the National Security Review of Investments (Guidelines) in an effort to provide foreign investors and their advisers with a better understanding as to the circumstances in which (...)

The OECD holds a session on the role of market studies as a tool to promote competition
OECD - Competition Division (Paris)
France 313 contributions 1439282 visits
Despite the fact that market studies are part of almost all work portfolios of Competition Agencies around the world, there are significant differences on their conception, goals and outcomes. The survey shows that market studies are at minimum, assessments of market structures and analysis of (...)