February 2009

Anticompetitive practices

 The South African Parliament amends the Competition Act to introduce criminal sanctions against cartel offenses
Jones Day (Sydney)
Australia 3 contributions 1809 visits
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Jones Day (Sydney)
Australia 3 contributions 1529 visits
Two more jurisdictions, Australia and South Africa, may now join the growing number of countries that impose criminal penalties for antitrust violations. The legislatures in both countries recently introduced legislation that amends their competition law statutes to criminalize cartel (...)

The Australian Parliament amends its antitrust legislation to introduce criminal sanctions against cartel offenses
Jones Day (Sydney)
Australia 3 contributions 1809 visits
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Jones Day (Sydney)
Australia 3 contributions 1529 visits
Two more jurisdictions, Australia and South Africa, may now join the growing number of countries that impose criminal penalties for antitrust violations. The legislatures in both countries recently introduced legislation that amends their competition law statutes to criminalize cartel (...)

The Italian competition authority fines 26 pasta makers and two industry associations for coordinating selling prices of pasta to retailers (Listino prezzi della pasta)
Municipality of Cagliari
168 contributions 134337 visits
In the Pricing of Pasta case, by a decision likely to spark much controversy, the Italian Competition Authority (ICA) has condemned for price-fixing practices 26 pasta makers, accounting for almost 90% of the market. The ICA also fined two industry associations, Unipi (the Italian Pasta (...)

The Italian Competition Authority inflicts a fines over €12 million upon the main 26 producers of pasta and two associations of undertakings, for allegedly exchanging information and adopting other initiatives to increase prices (Listino prezzi della pasta)
Ashurst (Brussels)
Belgium 45 contributions 46226 visits
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Legance - Studio Legale (Rome)
Italie 21 contributions 31238 visites
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Legance - Studio Legale (Rome)
France 12 contributions 12872 visites
Background On 26 February 2009, the Italian Competition Authority (“ICA”) fined 26 pasta producers active in Italy (representing approximately 90% of the overall relevant market) and two associations of undertakings claiming that they had entered into an agreement aimed at increasing the (...)

The Italian Competition Authority sanctions a cartel of 26 pasta producers and professional associations on the basis of Art. 81.1 EC (Listino prezzi della pasta)
University of Palermo
Italy 5 contributions 35302 visits
On 25 February 2009 the Authority ascertained two price-fixing cartels in the Italian market of durum semolina pasta and fined 26 pasta producers (Amato, Barilla, Colussi, De Cecco, Divella, Garofalo, Nestlé, Rummo, Zara, Berruto, Delverde, Granoro, Riscossa, Tandoi, Cellino, Chirico, De (...)

The Italian Competition Authority inflicts a fine on pasta manufacturers and related industry associations for having entered into an illicit pricing cartel in breach of Art. 81 of the EC Treaty (Listino prezzi della pasta)
BonelliErede (Rome)
Italy 41 contributions 54301 visits
By its Decision delivered on 25 February 2009, the Italian Competition Authority (the “ICA”) closed the investigation that had been initiated at the end of 2007 against 29 pasta manufacturers and two Italian industry associations, i.e. UNIPI - Unione Industriale Pastai Italiani (The Italian (...)

The Paris Court of Appeal dismisses appeals brought by companies involved in a price fixing and market sharing cartel (Le Club)
Van Bael & Bellis (Brussels)
Belgium 389 contributions 95133 visits
On 25 February 2009, the Paris Court of Appeal dismissed appeals brought against a decision of the French Competition Council of 18 December 2007 in which it imposed fines totalling more than € 2 million on twelve removal companies for their involvement in a price-fixing and market sharing (...)

The Czech Supreme Administrative Court takes a liberal approach towards information exchange agreements (Building savings banks)
Skils (Prague)
Czech Republic 35 contributions 26227 visits
On 25 February 2009, the Supreme Administrative Court rejected cassation appeal of the Czech Office for Protection of Competition (the “Office”) against the judgment of the Regional Court in Brno which struck down Office’s decision imposing fines on six building savings banks for allegedly (...)

The Turkish Competition Authority requests a car manufacturer to amend the non-qualitative criterion of its authorized service agreement and the use of equipment to prevent discrimination between existing and new authorized providers (Renault Trucks Turkiye Ticaret)
Derman Düren Akol (Istanbul)
Turkey 5 contributions 12535 visits
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Simmons & Simmons (London)
United Kingdom 2 contributions 3659 visits
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Çiğdemtekin Dora Aranci (Istanbul)
Turkey 1 contribution 1552 visits
The Turkish Competition Board evaluates the authorized service agreement and the practices of the manufacturer Renault Trucks Turkiye Ticaret A.S. under (i) Article 3, 5, 6 of the Block Exemption Communiqué n° 2005/4 on Vertical Agreements and Concerted Practices in the Motor Vehicle Sector (...)

The French Competition Authority issues a favorable opinion regarding three derogating inter-professional agreements relative to the rules on payment timeframes in the toy, do-it-yourself, watch-making and jewelry sectors
French Competition Authority (Paris)
France 748 contributions 410062 visits
Press Release published on the official website of the French Competition Authority. Payment timeframes: The Conseil de la concurrence has issued a favourable opinion regarding the derogating agreements signed in the toy, DIY and watch making-jewellery sectors.* Referred to by the (...)

The Finnish Market Court fines motor vehicle spare parts cartel (Osaset)
Van Bael & Bellis (Brussels)
Belgium 389 contributions 95133 visits
In a judgment issued on 20 February 2009, the Finnish Market Court confirmed the Finnish Competition Authority’s (“FCA”) finding of a cartel affecting the market for distribution of motor vehicle spare parts in Finland. The Court found that five companies active in the wholesale of motor (...)

The EU Court of Justice Advocate General Kokott gives opinion on standard of proof with regard to anti-competitive concerted practices (T-Mobile Netherlands)
Van Bael & Bellis (Brussels)
Belgium 389 contributions 95133 visits
On 19 February 2009, Advocate General Kokott delivered her opinion in relation to a preliminary reference from a Dutch court regarding the requirements that must be satisfied to establish an anti-competitive concerted practice for the purposes of Article 81(1) EC. The case before the Dutch (...)

The Japan Fair Trade Commission issues cease and desist orders and imposes surcharges on six manufacturers and sellers of vinyl chloride pipes and joints for price-fixing (Sekisui Chemical / Mitsubishi Plastics / Kubota-C.I.)
Japan Fair Trade Commission (Tokyo)
Japan 140 contributions 24998 visits
Cease and Desist Orders and Surcharge Payment Orders against Manufacturers and Sellers of Vinyl Chloride Pipes and Joints* The Japan Fair Trade Commission (JFTC), in accordance with the provisions of the Antimonopoly Act (AMA), investigated the manufacturers and sellers of vinyl chloride (...)

The Paris Court of Appeal suspends a decision concerning the prohibition of Internet sales in selective distribution (Pierre Fabre)
Van Bael & Bellis (Brussels)
Belgium 174 contributions 58537 visits
On 18 February 2009, the President of the Paris Court of Appeal partially suspended the decision of the French Competition Council against a manufacturer of cosmetics, Pierre Fabre Dermo-Cosmétique (“Pierre Fabre”). In its decision of 29 October 2008, the Competition Council found that Pierre (...)

The Danish Court in Frederiksberg imposes fines on a professional association and the highest fine ever to a person for recommending retail prices (Christmas Tree Growers Association)
Plesner (Copenhagen)
Denmark 41 contributions 74398 visits
On 17 February 2009, a Danish Court found that the Danish Christmas Tree Growers Association and its director had infringed Article 6 of the Danish Competition Act (national provision similar to Article 81 of the EC Treaty) by having issued price recommendations to its members. The Court (...)

The Turkish Competition Authority introduces a new fining regime in order to enhance the effectiveness of competition law enforcement
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 6 contributions 931 visits
Stories on the Fining Regulation (2): A New Hope?* In the episode IV of the epic movie Star Wars, Luke Skywalker shows up to restore justice in the galaxy before all hopes are wiped out by the tyrannical Darth Vader, formerly known as Anakin Skywalker who is the father of Luke. At this (...)

The Turkish Competition Authority’s member of the board expresses a dissenting opinion about the legality of the fines imposed according to the fining regulations
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 6 contributions 931 visits
Stories on the Fining Regulation (1): Can Anyone Spot The Difference?* The story begins in January 2008 by the amendments made to the Competition Act. These amendments mainly contain the inclusion of the leniency and the possibility of imposition of fines on individuals. Apart from that, the (...)

The French Competition Authority fines several professional associations of dental surgeons for practices of boycott (Conseil national de l’Ordre des chirurgiens-dentistes)
French Competition Authority (Paris)
France 748 contributions 410062 visits
Press Release published on the official website of the French Competition Authority. The Conseil de la concurrence fines the National Board of the French Dental Surgeons Association (Conseil national de l’Ordre des chirurgiens-dentistes) and several of its regional boards for encouraging (...)

The German Federal Court of Justice confirms the approach taken by the Competition Authority regarding long-term gas supply agreements (Gaslieferverträge)
Hengeler Mueller (Düsseldorf)
Germany 16 contributions 48583 visits
I. Background The practice of long term gas supply agreements with purchase obligations of more than 80% within the German gas sector has been discussed and questioned over a long period of time, in particular in respect to a infringement of competition law. In 2006, the German Federal (...)

The Spanish Competition Authority fines an association of Architects for preventing architects registered on its lists of judicial experts from registering on third parties’ lists (Valencia Architects’ Association)
Cuatrecasas
Spain 5 contributions 6926 visits
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ARPA Abogados Consultores (San Sebastian)
Spain 6 contributions 7320 visits
On February 9, 2009, the Spanish Competition Authority (“SCA”) considered that the Colegio Oficial de Arquitectos de la Comunidad Valenciana (“COACV”), the official Association of Architects of Valencia, infringed Article 1 of the Spanish Competition Act by preventing architects registered on (...)

The EU Commission holds a roundtable with stakeholders concerning the future of the motor vehicle block exemption regulation
Van Bael & Bellis (Brussels)
Belgium 174 contributions 58537 visits
On 9 February 2009, European Competition Commissioner Neelie Kroes hosted a roundtable on the Motor Vehicle Block Exemption Regulation at which a small group of industry leaders were invited to give their views on the future block exemption regime. There has been a delay in the timetable (...)

A Belgian Court of appeal infers a cartel from a similar approach adopted by several medical oxygen providers boycotting a competitor (AGIM / Oxycure)
Arendt & Medernach (Luxembourg)
Luxembourg 57 contributions 110463 visits
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NautaDutilh (Luxembourg)
Luxembourg 23 contributions 76875 visits
Facts of the case 1. Oxycure markets an oxygen concentrator, which generates medical oxygen on the spot and hence constitutes an innovative and a more efficient alternative to medical oxygen distributed in bottles. As the oxygen concentrator works on electricity, Oxycure’s clients need (...)

The French Competition Council finds the incumbent rail operator guilty of implementing discriminatory practices in favor of its online travel subsidiaries and for entering into an anti-competitive partnership (SNCF /Expedia)
Lenoir Avocats (Paris)
17 contributions 93879 visits
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Orrick, Herrington & Sutcliffe (Paris)
France 19 contributions 26401 visits
I. Facts The French rail operator SNCF enjoys a legal monopoly on passenger rail transport. However, train tickets themselves are sold through three main distribution channels : SNCF’s physical sales points as well as its merchant website operated by its VSC subsidiary (which altogether (...)

The Paris Court of Appeals confirms the Competition Authority’s interim measures preventing exclusive rights regarding the distribution of smartphones (Orange / Apple / France Télécom)
White & Case (Paris)
France 114 contributions 76630 visits
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Dalkia Wastenergy (Paris)
France 1 contribution 7307 visits
In a decision dated 4 February 2009, the Paris Court of Appeals confirmed decision n° 08-MC-01[[ French Competition Council (Conseil de la concurrence), 17 December 2008, Decision n° 08-MC-01, Bouygues Telecom/ Apple-Orange (iPhone). of the French Competition Council concerning practices (...)

The French Competition Authority fines several temping agencies nearly €100 million, but grants significant reductions for certain parties who enter into innovative commitments (Adecco / Manpower / VediorBis)
Hewlett Packard (Boulogne-Billancourt)
France 30 contributions 90258 visits
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Ginestié Paley-Vincent (Paris)
France 6 contributions 9434 visits
On 2 February 2009, the French Competition Council ("the Council") fined several agencies active in the temporary employment sector in France (Adecco, Adia, Manpower and VediorBis - "the Companies") for concerted practices. Context Temping enables businesses desiring more flexibility to (...)

Unilateral Practices

 The French Competition Authority condemns a maritime transport operator for abusive conducts perpetrated in a tender procedure regarding the assignation of the Marseille/Corsica maritime links to be provided under a public service obligation (SNCM)
Municipality of Cagliari
168 contributions 134337 visits
The French Competition Council (FCC) has imposed a € 300,000 fine on Société National Maritime Corse Méditerranée (SNCM) for abusing its dominant position by offering a global indivisible bid in the tender procedure for the assignation of a number of maritime routes linking Marseille with (...)

The Japanese FTC makes a cease and desist order against a musical copyright company for having excluded management business operators (JASRAC)
Japan Fair Trade Commission (Tokyo)
Japan 140 contributions 24998 visits
Cease and Desist Order against Japanese Society for Rights of Authors, Composers and Publishers* The Japan Fair Trade Commission (hereinafter “JFTC”) had investigated Japanese Society for Rights of Authors,Composers and Publishers (hereinafter referred to as “JASRAC”) in accordance with the (...)

The US Supreme Court rejects antitrust liability for price-squeeze by integrated dominant firms in the telecommunication industry illustrating deep suspicion about the institutional players in the antitrust system (Pacific Bell / linkLine)
University of Michigan Law School (Ann Arbor)
United States 11 contributions 20874 visits
linkLine’s Institutional Suspicions In this essay, I review the Supreme Court’s most recent monopolization decision—Pacific Bell v. linkLine—with a focus on the suspicions between the various institutions that had a hand in the case. I. The linkLine Decision The linkLine decision (...)

The US Supreme Court affirms that when a regulatory structure aiming to deter and remedy anti­-competitive harm prevails, the costs of antitrust enforcement are likely to be greater than the benefits (Pacific Bell Telephone / Linkline Communications)
Sheppard Mullin (Los Angeles)
United States 46 contributions 8047 visits
Supreme Court Restricts “Price-Squeeze” Claims Under Section 2 of the Sherman Act to Situations Where the Defendant has an Antitrust Duty to Deal* In Pacific Bell Telephone Co. v. Linkline Communications Inc., 2009 U.S. Lexis 1635, 555 U.S. ______ (February 25, 2009) ("Linkline"), the U.S. (...)

The US Supreme Court finds that a firm that sells inputs at the wholesale level and finished goods or services at the retail level cannot be liable for a price squeeze violation (linkLine)
Covington & Burling (Washington)
United States 21 contributions 1784 visits
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Covington & Burling (Washington)
United States 1 contribution 39 visits
On February 25, 2009, the United States Supreme Court issued an important antitrust ruling in Pacific Bell Telephone Co. v. linkLine Communications, Inc. (No.07-512)(“linkLine”)concerning unilateral pricing decisions. linkLine continues the clarification and narrowing of Section 2 doctrine in (...)

The US Supreme Court rejects a "Price-Squeezing" theory of liability (Pacific Bell / linkLine)
White & Case (New York)
United States 4 contributions 2825 visits
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John Rue & Associates (Bloomfield)
United States 2 contributions 1003 visits
On February 25, 2009, the Supreme Court firmly rejected the so-called "price-squeeze" theory of antitrust liability, under which a vertically integrated firm with monopoly power in an upstream market could be found to violate Section 2 of the Sherman Act by selling the upstream product at so (...)

The US Supreme Court overturns the Ninth Circuit Court’s decision adopting a new two-part standard for assessing "price-squeeze" antitrust claims (Pacific Bell / linkLine)
University of Albany
5 contributions 3070 visits
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Haug Partners (New York)
United States 4 contributions 2321 visits
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Winston & Strawn (New York)
United States 5 contributions 3524 visits
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The Supreme Court recently issued a unanimous decision in a notable "price-squeeze" case under § 2 of the Sherman Act involving rival telecom companies. Pacific Bell Tel. Co. v. Linkline Commc’ns, Inc., No. 07-512 (Feb. 25, 2009). The Court held that a vertically integrated company that had (...)

The US Supreme Court rejects the price squeeze theory, noting that the upstream and downstream claims should be considered separately (Pacific Bell / linkLine)
3M (St. Paul)
United States 3 contributions 6118 visits
Introduction In Pac. Bell Tel. Co. v. linkLine Commc’ns, Inc. the U.S. Supreme Court considered whether a vertically integrated firm with market power in a wholesale market that competes with its customer downstream in a retail market was prohibited under Section 2 of the Sherman Act from (...)

The EU Commission issues guidance on its enforcement priorities in applying EU rules on abuse of a dominant position to abusive exclusionary conduct by dominant undertakings
Brussels School of Competition (Brussels)
Belgium 18 contributions 36314 visits
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DG JUST (Brussels)
Belgium 4 contributions 6018 visits
"Implementing an effects-based approach to Article 82"* I. Introduction On 3 December 2008, the Commission issued Guidance on its enforcement priorities in applying Article 82 to abusive exclusionary conduct by dominant undertakings. In so doing, the Commission formally endorsed an (...)

The EU Commission publishes its guidance paper on exclusionary abuses under Article 82 EC
White & Case (Brussels)
Belgium 57 contributions 58423 visits
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White & Case (Brussels)
Belgium 21 contributions 24822 visits
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White & Case (Brussels)
Belgium 50 contributions 38745 visits
I. BACKGROUND The European Commission published the 24th February 2009 a Communication containing its long-awaited Guidance Paper on exclusionary abuses under Article 82 C(Commission Communication – Guidance on the Commission’s Enforcement Priorities in Applying Article 82 EC Treaty to (...)

The Hellenic Telecommunications and Post Commission prohibits the incumbent’s “Double-Play” bundled offering of unlimited international calls taking into account a risk of a margin squeeze of its competitors (OTE)
European Commission - DG COMP (Brussels)
Belgium 2 contributions 3274 visits
Hellenic Telecommunications Organization S.A. (OTE) submitted to the Hellenic Telecommunications & Post Commission (EETT) for approval plans to offer a telephony/internet bundle offering broadband access and fixed telephony services. Customers purchasing the plan would pay a single price (...)

The Spanish Competition Authority fines a beer producer for fixing minimum resale prices to its distributors (Damm Distribuciones)
Cuatrecasas
Spain 5 contributions 6926 visits
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Lonza (Basel)
Switzerland 6 contributions 6581 visits
On 18 February 2009, the Spanish Competition Commission (Comisión Nacional de la Competencia, “CNC”) fined Damm Distribuciones (“Damm”) €525,000 for fixing minimum resale prices to its beer distributors . Background Damm is one of the top three beer producers in Spain, distributing its (...)

The Bulgarian Supreme Administrative Court affirms Competition Authority’s decision to prosecute the incumbent telecom operator for tying its ADSL and fixed voice services (Bulgarian Telecom)
University of Macau - Faculty of Law
China 284 contributions 226288 visits
On 19 February 2009 the Supreme Administrative Court of Bulgaria upheld the decision of the Bulgarian Competition Authority (CPC) that prosecuted the incumbent telecom operator - Bulgarian Telecom (BTC) for abuse of dominant position committed by tying its ADSL Internet and fixed voice (...)

The French Competition Authority accepts commitments in the motorway sector (Autoroutes du Sud de la France)
Van Bael & Bellis (Brussels)
Belgium 191 contributions 67082 visits
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Practising Law Institute (New York)
United States 93 contributions 32000 visits
On 16 February 2009, the French Competition Council accepted commitments from several operators of motorway concessions in France (hereinafter referred to as the “motorway network operators”) to resolve concerns that each may have abused their respective dominant positions as regards the (...)

The Italian Supreme Court underlines the need for correct market definition in a private enforcement case concerning an alleged abuse of dominant position (Cetel / Enel)
European Court of Justice (Luxembourg)
Luxembourg 4 contributions 5050 visits
Introduction In one of the few cases involving antitrust litigation it dealt with so far, the Corte Suprema di Cassazione (Supreme Court of Cassation, Italy’s highest civil court, the “Court”), on 13 February 2009, handed down an important judgement in which it underlined the need for (...)

The Hellenic Competition Authority fines a coffee maker nearly €30 million for infringements to article 81 and 82 EC and their domestic equivalents (Nestlé)
University of East Anglia
United Kingdom 29 contributions 26535 visits
Following a complaint made by the competing Greek coffee manufacturer DRITSAS, the Hellenic Competition Commission (HCC) launched an investigation into the coffee products market, investigating alleged breaches of Article 81 and 82 EC (and Articles 1 and 2 of Law 703/77) by NESTLE HELLAS A.E. (...)

The Latvian Competition Authority approves the settlement on payment terms and non-discriminatory rebates towards retailers proposed by a national press distributor (Preses Serviss)
Latvian Competition Council (Riga)
Latvia 124 contributions 24596 visits
The Competition Council Comes to Agreement with SIA "Preses Serviss"* On 4 February 2009, after receiving of written pledge from the company SIA „Preses Serviss" ("Press Service" - PS) to fulfil its legal obligations preventing from negative impact on competition, caused by its illegal (...)

The Brussels Court of Appeal confirms the Belgian Competition Authority’s decision on an abuse of dominance but annuls the fine for predictability issues (Occasiemarkt / Honda Motor Europe)
Liège University
France 39 contributions 158340 visits
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Liaison Agency Flanders-Europe - Vleva (Brussels)
Belgium 2 contributions 5133 visits
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ZorgSaam Zorggroep Zeeuws-Vlaanderen (Terneuzen)
Netherlands 1 contribution 1816 visits
Parties In this case, the Honda Company and some Belgian independent motorcycles dealers appeal a 1999 Belgian competition council decision condemning several Belgian official motorcycles importers’ abuse of dominance. Facts In the early nineties, several independent dealers complained (...)

Mergers

 The German Competition Authority clears three different mergers involving six of the largest German banks (Deutsche Bank / Deutsche Postbank / Commerzbank / DresdnerBank / DZ Bank / WGZ Bank)
Blomstein (Berlin)
Germany 16 contributions 43994 visits
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Freshfields Bruckhaus Deringer (Berlin)
Germany 17 contributions 71286 visits
Background Against the background of increasing global financial turmoil, three major concentrations involving six large German banks (as well as the largest German insurance company) were submitted to the German Federal Cartel Office (Bundeskartellamt - FCO) for clearance between November (...)

The German Federal Cartel Office clears a merger subject to structural remedies in the sugar regulated and oligopolistic market (Nordzucker/Danisco)
Gleiss Lutz (Munich)
Germany 28 contributions 49245 visits
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Milbank (Munich)
Germany 28 contributions 49245 visits
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Gleiss Lutz (Munich)
Germany 1 contribution 1142 visits
On 17 February 2009, the German Federal Cartel Office cleared a merger in the sugar sector subject to conditions and obligations. The case concerned the indirect acquisition of the sugar activities of the Danish company Danisco Sugar A/S by the German sugar refinery Nordzucker AG, an (...)

The French Minister of Economy conditionally clears a merger between the principal actors in the meat sector (Groupe Bigard / Socopa Viandes)
Fieldfisher (London)
United Kingdom 6 contributions 3885 visits
On the 17th February 2009 the Minister of Economy, Industry and Employment cleared the acquisition of control of the undertaking ‘Socopa Viandes’ by the ‘Groupe Bigard’ attaching Phase I commitments. Groupe Bigard is the French market leader in the meat sector. Its activities involve the (...)

The Italian Supreme Administrative Court sets aside a judgment confirming fines imposed by the NCA for failure to notify a series of mergers (Lidl)
European Court of Justice (Luxembourg)
Luxembourg 4 contributions 5050 visits
Introduction By a judgement of 17 February 2009, the Consiglio di Stato (Italian Supreme Administrative Court, the “Court”) has set aside a judgement of the Regional Administrative Tribunal of Latium (the “TAR Latium”) that confirmed the fine imposed by the Italian Competition Authority (the (...)

The UK OFT clears a merger in the environment noise management systems sector on the basis of the de minimis exemption (Spectris / Lochard)
Herbert Smith Freehills (Brussels)
Belgium 121 contributions 74183 visits
On 29 January 2009, the Office of Fair Trading (the "OFT") announced that it had cleared the acquisition of Lochard Ltd by Spectris plc on the basis of the de minimis exception. This is only the seventh case in which the OFT has used the de minimis exception as grounds for a decision not (...)

The German Parliament introduces a new threshold for premerger notification
Jones Day (Frankfurt)
Germany 6 contributions 4130 visits
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Jones Day (Dusseldorf)
Germany 19 contributions 6506 visits
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Jones Day (Frankfurt)
Germany 11 contributions 4109 visits
Germany has introduced a new threshold for premerger notifications to its merger control system, effective tomorrow, 25 March 2009. This amendment to the German Act Against Restraints Of Competition (ARC) is expected to reduce the number of merger control filings in Germany dramatically. In (...)

The German Parliament introduces second domestic turnover threshold for merger control (Third Act to Cut-Back Bureaucratic Burdens in Particular in the Small and Medium-sized Economy)
Fried Frank Harris Shriver & Jacobson (London)
United Kingdom 5 contributions 24274 visits
On 25 March 2009, a significant change to Germany’s merger jurisdictional thresholds entered into force. The revision exempts many transactions that were previously caught from the obligation to submit a notification to the German Federal Cartel Office (FCO). I. The new second domestic (...)

The German Parliament introduces new domestic turnover threshold in its merger control law
Linklaters (Düsseldorf)
Germany 17 contributions 18903 visits
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Linklaters (Brussels)
Belgium 7 contributions 3760 visits
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Linklaters (Düsseldorf)
Germany 1 contribution 141 visits
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On Friday the German legislator approved the " Dritte Mittelstands-Entlastungsgesetz ("MEG III"), which introduces a second domestic turnover threshold of € 5 million. This is expected to reduce significantly the number of transactions that require prior approval by the Federal Cartel Office. (...)

The Spanish Competition Authority clears its first big merger between the dominant gas supplier and the third largest electricity operator (Gas Natural / Union Fenosa)
Simmons & Simmons (London)
United Kingdom 11 contributions 4267 visits
On the 12 February 2009, following an in depth investigation, the Spanish Competition Commission (CNC) cleared its first big merger when it approved, subject to commitments, the merger between Gas Natural (GN), the dominant gas supplier and the Union Fenosa (UF), the third largest electricity (...)

The Competition Authority of Bosnia & Herzegovina clears a merger of two Internet providers and imposes a fine for submission of incorrect information (Aneks / Ki system)
University of Macau - Faculty of Law
China 284 contributions 226288 visits
Summary The Competition Authority of Bosnia & Herzegovina (Konkurencijsko vijeće) (KV) cleared a merger between two dial-up and broadband internet providers in the cities of Banja Luka and Prijedor imposing a fine for the submission of incorrect information by the merging parties. (...)

The EU Court of First Instance confirms the European Commission’s discretion analysis to suspend a merger under Article 11(3) of the EC merger regulation (Omya / Huber)
JG Associates (Brussels)
193 contributions 64219 visits
"Article 11(3) Decisions – the Commission’s Discretion Analysis of the judgment of the Court of First Instance in case T-145/06 Omya v Commission"* The examination of Omya AG’s (Omya) proposed acquisition of J. M. Huber’s precipitated calcium carbonate business (Huber PCC) was one of the (...)

The Advocate General Ruiz Jarabo-Colomer criticises EU Court of First Instance for damages award (Schneider)
Van Bael & Bellis (Brussels)
Belgium 227 contributions 72696 visits
On 3 February 2009, Advocate General Ruiz Jarabo-Colomer issued his opinion to the European Court of Justice (ECJ) in the appeal proceedings against the Schneider judgment of the Court of First Instance (CFI). In this judgment of 11 July 2007, the CFI held that Schneider must be compensated (...)

State Aid

 The EU Commission adopts a Communication on impaired assets, providing guidance to Member States on how to handle asset relief measures
European Commission - DG COMP (Brussels)
Belgium 98 contributions 34648 visits
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IDKIDS (Lille)
France 7 contributions 2573 visits
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European Commission - DG COMP (Brussels)
Belgium 7 contributions 2573 visits
"State aid: main developments between 1 January and 30 April 2009"* In addition to the specific banking communications it has already issued, the Commission adopted on 25 February 2009 a Communication on ‘Impaired assets’. This Communication provides guidance to Member States on how to (...)

The German Regional Court rules that an EC Commission decision ordering recovery of an illegal aid measure must first be issued before a German court may deal with a request brought by a competitor (Ryanair 4)
Delegation of the European Union to the United States (Washington D.C.)
United States 10 contributions 16531 visits
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European Commission
Belgique 28 contributions 44967 visites
Brief description of the facts and legal issues The Coblence Higher Regional Court of appeal rejects the appeal lodged by Lufthansa against LG Bad Kreuznach’s judgment and rules that the appeal lacks a legal basis. A Commission decision (be it provisional or definitive) ordering the recovery (...)

The EU Commission issues guidance on State aid enforcement by national courts
Van Bael & Bellis (Brussels)
Belgium 155 contributions 35049 visits
On 25 February 2009, the Commission adopted a new Notice on the enforcement of State aid law by national courts. The aim of the Notice is to assist national courts in applying the EC State aid rules and also give guidance to potential claimants in relation to State aid challenges at national (...)

The EU Court of Justice Advocate General Trstenjak issues his opinion on the burden of proof in relation to recovery illegal State aid decisions (MTU Friedrichshafen)
Van Bael & Bellis (Brussels)
Belgium 155 contributions 35049 visits
In an opinion handed down on 19 February 2009, Advocate General Trstenjak proposes that the Commission’s appeal against a judgment of the Court of First Instance (CFI) which annulled a Commission decision ordering the recovery of illegal aid should be dismissed. The Advocate General considers, (...)

A Swedish Court applies the market economy investor principle in a State aid case (Thomas Svensson / City of Stockholm)
Cederquist (Stockholm)
Sweden 8 contributions 37551 visits
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Djungo (Stockholm)
Sweden 22 contributions 54390 visits
Background In November 2005, Thomas Svensson (“Svensson”) appealed a decision by the City Council of Stockholm (the “City”) to the Stockholm County Administrative Court claiming that the decision by the City to give green light to four Stockholm city-controlled companies to invest in (...)

The Swedish Administrative Court of Appeal finds investment by the City Council of Stockholm in expansion of broadband to be illegal State aid that should have been notified to the Commission according to Art 88.3 EC (Thomas Svensson)
Djungo (Stockholm)
Sweden 22 contributions 54390 visits
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General Court of the European Union (Luxembourg)
Luxembourg 16 contributions 31841 visits
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Öberg & Associés (Stockholm)
Sweden 15 contributions 29512 visits
Factual Background In 2005, the City Council of Stockholm approved an “action plan” meaning that the four important housing corporations controlled by the City would make considerable investments in broadband infrastructure. Thomas Svensson, being a local resident, appealed the decision (...)

The Belgian Court of Commerce of Brugge rules that the implementation of a State aid measure must be postponed until the EC Commission has finished its investigations (Oostende fish market - AGVO)
Sheppard Mullin (Brussels)
France 400 contributions 677319 visites
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European Court of Justice (Luxembourg)
France 65 contributions 116895 visits
Factual Background The municipality of Oostende has granted several benefits to the fish market of Oostende. This includes the grant of start-up capital by the Autonoom Gemeentelijke Vismijn Oostende (“AGVO”); AGVO then subsequently granted financial assistance to EVO and PO. In addition, (...)

The EU Commission endorses €56M of regional investment aid to a German company for the production of thin-film solar modules in Saxony (Sunfilm)
European Commission - DG COMP (Brussels)
Belgium 98 contributions 34648 visits
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IDKIDS (Lille)
France 7 contributions 2573 visits
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European Commission - DG COMP (Brussels)
Belgium 7 contributions 2573 visits
"State aid: main developments between 1 January and 30 April 2009"* On 11 February 2009, the Commission endorsed €56 million of regional investment aid to Sunfilm for the production of thin-film solar modules in Saxony, Germany. Sunfilm AG is a newly founded company which is setting up a (...)

The EU Commission finds aid granted to UK incumbent telecommunications operator to be partially unlawful and orders its recovery (British Telecom)
European Commission - DG COMP (Brussels)
Belgium 98 contributions 34648 visits
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IDKIDS (Lille)
France 7 contributions 2573 visits
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European Commission - DG COMP (Brussels)
Belgium 7 contributions 2573 visits
"State aid: main developments between 1 January and 30 April 2009"* On 11 February 2009, the Commission found aid granted to BT to be partially unlawful and ordered recovery. The Commission concluded that a UK Crown guarantee covering the pension liabilities of British Telecom plc on the (...)

The Finnish Administrative Court approves the applicant’s claim on alleged State aid and rules that the measures may not be put into effect before the EC Commission has made its final decision on compatibility (Mikkeli City Council)
Dittmar & Indrenius (Helsinki)
Finland 10 contributions 31092 visits
Factual Background The City Council of Mikkeli had on 8 December 2008 made a decision, by which it granted deferments to amortizations of a debt to an company operating within food manufacture subject to reorganization proceedings. In addition, the City Council had decided to postpone some (...)

Procedures

 The Polish Council of Ministers issues a new leniency procedural regulation
Greenberg Traurig (Warsaw)
Poland 30 contributions 80248 visits
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UNIMOT (Zawadzkie)
Poland 12 contributions 34858 visits
On 24 February 2009, a new Regulation on the Polish leniency programme (Regulation of the Council of Ministers of 26 January 2009 concerning the mode of proceeding in cases of enterprises’ applications to the President of the Office of Competition and Consumer Protection for immunity from or (...)

The Hungarian Constitutional Court condemns a statute imposing ’occupational ban’ on the executives of cartelist companies
Szeged University
Hungary 7 contributions 6609 visits
On the 23rd of February 2009, The Hungarian Constitutional Court (hereafter: HCC) has finally spoken about the Amending Law of the Hungarian Competition Act (hereafter: Amendment), considering it partially unconstitutional. The Amendment concerned different issues, among others: damages (...)

The Spanish Supreme Court clarifies the course of action to be sought for the review of changing circumstances (McLane España / Dirección General de Defensa de la Competencia)
University College London
United Kingdom 3 contributions 3427 visits
Introduction In the context of determining the appropriate remedies to be applied for an abuse of dominant position, the Spanish Supreme Court faced the question of how to tackle the lapse of time since the Administrative Authority issued its decision until the case reaches the Court for a (...)

The Turkish Competition Authority introduces two new regulations on leniency and on the calculation of fines
Çakmak Avukatlik Bürosu
Turkey 1 contribution 1574 visits
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Philip Morris International (Dubai)
United Arab Emirates 2 contributions 2664 visits
On 15 February 2009, two new Regulations, Regulation on the Calculation of Fines and the Leniency Regulation entered into force in Turkey. The Leniency Regulation which is modeled upon the EC Competition Law introduces a totally new procedure to the Competition Law enforcement which aims at an (...)

The Spanish Competition Authority adopts communication on the quantification of fines
DG TRADE (Brussels)
Belgium 30 contributions 119636 visits
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Garrigues (Brussels)
Belgium 28 contributions 104431 visits
On 6 February 2009, the Spanish Antitrust Authority (Comisión Nacional de la Competencia or CNC) adopted a Communication on the quantification of sanctions for violations of Articles 1, 2 and 3 of the Spanish Competition Act and Articles 81 and 82 EC . The CNC adopted this piece of (...)

The Spanish Competition Authority issues its first guidelines for the calculation of fines for antitrust infringements
Etex (Zaventem)
Belgium 8 contributions 15600 visits
On February 6, 2009, the CNC approved its first guidelines for the calculation of fines for infringements of Articles 1, 2 and 3 of the Spanish Competition Act, and Articles 81 and 82 of the EC Treaty (the “Guidelines”). The CNC’s Council approved the Guidelines after a public consultation (...)

The Bulgarian Competition Authority adopts new methodology for setting fines
Court of First Instance of Namur (Namur)
Belgique 224 contributions 47561 visites
On 3 February 2009, following the entry into force of the new Competition Act, the Bulgarian Commission on the Protection of Competition (“CPC”) adopted a new calculation methodology for setting fines (hereafter, the “Fining Methodology”). The Fining Methodology entered into force on 10 (...)

The Romanian Constitutional Court confirms the constitutionality of provisions relating to the investigative and decision-making powers of the Competition Authority (Astral Impex / Gabi’s / BDM)
University of Macau - Faculty of Law
China 284 contributions 226288 visits
Summary Addressing the challenge of constitutionality of certain provisions of the Competition Law regulating the investigative and decision-making powers of the Competition Council, the Romanian Constitutional Court adhered to its preceding jurisprudence and dismissed the applicants’ (...)

The European Commission sends reasoned opinion to Slovak authorities regarding Slovak competition law
Court of First Instance of Namur (Namur)
Belgique 224 contributions 47561 visites
On 2 February 2009, the European Commission confirmed that it has sent a reasoned opinion to Slovakia, formally requesting it to amend a provision of the Slovakian competition act which limits the Slovakian competition authority’s power to apply Articles 81 and 82 EC to certain regulated (...)

The Bulgarian Competition Authority introduces a leniency programme
Court of First Instance of Namur (Namur)
Belgique 224 contributions 47561 visites
In February 2009, the Bulgarian Commission on Protection of Competition (CPC) introduced a programme on immunity from and reduction of fines in cartel cases (Leniency Programme). The Leniency Programme, which provides an opportunity for applicants to receive immunity from fines or a (...)

Regulatory

 The OECD holds a roundtable on competition and financial markets
OECD - Competition Division (Paris)
France 313 contributions 1443229 visits
Competition issues in the financial sector (1) The financial sector is at the heart of every well-functioning market economy but it is also vulnerable to systemic loss of trust. The financial sector is special. Banks perform intermediation functions that are critical to the real economy. (...)

The OECD holds a roundtable on competition policy, industrial policy and national champions
OECD - Competition Division (Paris)
France 313 contributions 1443229 visits
It is often said that competition policy protects competition, not indidual competitiors. Policies that support this concept promote consumer welfare, choice and efficiency. How sharply does industrial policy conflict with this ? Industrial policy creates or favours national champions ; yet it (...)

The OECD holds a roundtable on competition policy and the informal economy
OECD - Competition Division (Paris)
France 313 contributions 1443229 visits
Different definitions have been employed in order to capture different aspects of the informal economy. It often comprises a substantial share of GDP in many developing countries. Many researchers are concerned that informal firms negatively impact an economy because they are typically less (...)