February 2010

Anticompetitive practices

 The Polish Appeal Court in Warsaw upholds the decision of the Competition and Consumers Protection Court introducing economic analysis to the review of an exclusivity clause in distribution agreements (Lesaffre)
Greenberg Traurig (Warsaw)
Poland 29 contributions 79959 visits
Background - the OCCP decision On 29 December 2006, the President of the Office for Competition and Consumer Protection (”OCCP”) issued an administrative decision finding that the Polish subsidiary of Lesaffre (French food ingredients yeast and biotechnology company and worldwide leader in the (...)

A US District Court finds that the plaintiffs have failed to nudge their antitrust claims against building products distributor and grants order to dismiss the action (Bailey Lumber / BlueLinx)
Sheppard Mullin (Los Angeles)
United States 46 contributions 7710 visits
Cross-Market Claims Flunk Twombly* In two companion opinions, Magistrate Judge Louis Guirola, Jr. of the Southern District of Mississippi granted motions to dismiss and greatly limited the scope of the claims asserted against several defendants in "opt out" actions following from the In re OSB (...)

The US DoJ issues a business review letter regarding a proposed online subscription news service (Global News Service)
IPR University Center (Helsinki)
Finland 29 contributions 5318 visits
U.S. Department of Justice does not challenge online subscription news service* On 24 February 2010 the Department of Justice issued a business review letter regarding a proposed Internet media subscription news aggregation service (Global News Service) that would be operated by MyWire, Inc. (...)

The Paris Court of Appeal rejects appeals by companies found to have engaged in vertical practices and abuse of dominance under both EU and national provisions in the online travel sales sector (SNCF / Expedia)
Novartis (Rueil-Malmaison)
France 4 contributions 3585 visits
BACKGROUND The Paris Court of Appeals (hereafter “the Court”) confirms a decision by the French Competition Council (hereafter “the Council”) which fined SNCF and Expedia, Inc. (hereafter “Expedia”) in a decision No. 09-D-06 of 5 February 2009. The appeal was brought by Karavel (a travel agency, (...)

The Superior Court of the State of California (County of Alameda) challenges minimum resale price maintenance as per se illegal (DermaQuest)
Jones Day (Los Angeles)
United States 5 contributions 3482 visits
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Jones Day (San Francisco)
United States 6 contributions 3740 visits
In the 2007 Leegin Creative Leather v. PSKS case, the Supreme Court held that, under the federal antitrust laws, minimum vertical resale price fixing agreements are no longer per se illegal, but governed by the rule of reason, like maximum resale price fixing. Antitrust observers were quick to (...)

The US DOJ seeks a new disgorgement remedy in a civil antitrust case (KeySpan)
Jones Day (Houston)
United States 33 contributions 15379 visits
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Jones Day (Washington)
United States 23 contributions 11191 visits
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Axinn Veltrop & Harkrider
United States 3 contributions 2151 visits
Until last week, the U.S. Department of Justice had not sought to obtain disgorgement as a remedy in a civil Sherman Act case. In the antitrust lawsuit and settlement filed on February 22 in U.S. v. KeySpan, the Antitrust Division asks that the court approve a settlement requiring the defendant (...)

The US DoJ closes investigation into the proposed Internet search and search advertising agreement (Microsoft / Yahoo!)
IPR University Center (Helsinki)
Finland 29 contributions 5318 visits
U.S. Department of Justice closes investigation into Microsoft-Yahoo! agreement* On 18 February 2010 the U.S. Department of Justice announced the closing of its investigation into the proposed Internet search and search advertising agreement between Microsoft Corporation and Yahoo! Inc. (see (...)

The Austrian Competition Authority files an application for the imposition of fines against a cartel in the freight forwarding sector (Speditions-Sammelladungs-Konferenz)
European Commission
Belgium 714 contributions 215672 visits
Austria: The Federal Competition Authority (BWB)’s Investigation of the Freight Forwarding Sector: another Cartel uncovered On 18 February 2010, the Federal Competition Authority (BWB) filed an application to the Cartel Court for the imposition of fines against all members of the association (...)

The French Commercial Supreme Court quashes the ruling of the Paris Court of Appeal relating to the exclusive distribution agreements of smartphones (Orange / Apple / France Télécom)
Simmons & Simmons (Paris)
France 27 contributions 58313 visits
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Hewlett Packard (Boulogne-Billancourt)
France 30 contributions 89809 visits
In a ruling dated 16 February 2010, the French Supreme Court (the "Supreme Court") quashed the ruling of the Paris Court of Appeal (the "Court of appeal") relating to the exclusive arrangements between Orange France (a subsidiary of France Telecom) and Apple for the distribution of iPhones in (...)

The Canadian Competition Authority challenges real estate brokerage rules (Canadian Real Estate Association)
Journal of Parliamentary and Political Law (Ottawa)
45 contributions 19380 visits
Introduction Canada’s Competition Bureau, an independent law enforcement agency that assists the Commissioner of Competition (the “Commissioner”) in protecting and promoting competition, announced on 8 February 2010 that a notice of application would be filed on behalf of the Commissioner with (...)

The Australian Federal Court issues an order by consent against American-based company for cartel behaviour in the international military defence training systems industry (DRS C3 Systems )
Australian Competition and Consumer Commission (Canberra)
Australia 360 contributions 76055 visits
$1 Million penalty for defence cartel* The Federal Court has made orders by consent against American-based company, DRS C3 Systems for cartel behaviour in the international military defence training systems industry. As part of the resolution of the proceedings brought by the Australian (...)

The Portuguese Competition Authority sanctions supplier’s prohibition of retailers applying discounts to recommended retail sales prices (Royal Canin Portugal)
Morais Leitão, Galvão Teles, Soares da Silva (Lisbon)
Portugal 19 contributions 2446 visits
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Morais Leitão, Galvão Teles, Soares da Silva (Lisbon)
Portugal 23 contributions 2582 visits
I. Background The Portuguese Competition Authority (PCA) decision in case PRC 2008/09, was triggered by an anonymous retailer antitrust complaint (imperceptibly signed and without sender) lodged against Royal Canin Portugal, S.A. (Royal Canin). The complaint argued that supplier Royal Canin (...)

The US DoJ files a statement of interest and raises concerns about cooperation and exclusivity regarding a proposed settlement in an e-books case (Google Books)
IPR University Center (Helsinki)
Finland 29 contributions 5318 visits
U.S. Department of Justice remains concerned over antitrust issues raised by “Google Books” settlement* On 4 February 2010 the U.S. Department of Justice filed a statement of interest regarding the proposed amended settlement agreement in The Authors Guild Inc. et al. v. Google Inc. with the (...)

The Italian Competition Authority starts investigation against the largest companies active in the production of road blocks (Comast - Road blocks market)
Codacons (Rome)
Italy 12 contributions 16133 visits
On 19 October 2009 “Guardia di Finanza”, a special body of police officers responsible for border control and for investigating fraud, reported a violation of the Antitrust Law in the supply and building road block market. The parties investigated and involved are Metalmeccanica Fracasso S.p.A., (...)

The OECD holds a roundtable on collusion and corruption in public procurement
OECD - Competition Division (Paris)
France 311 contributions 1256025 visits
Collusion and corruption are distinct problems within public procurement, yet they may frequently occur in tandem, and have mutually reinforcing effect. They are best viewed, therefore, as concomitant threats to the integrity of public procurement. The distinctiveness of public procurement and (...)

The EU Commission investigates the remedies proposed by airlines in the context of envisaged cooperation relating to transatlantic flights (British Airways / American Airlines / Iberia)
Van Bael & Bellis (Brussels)
Belgium 380 contributions 89930 visits
The European Commission has recently confirmed that it is investigating the sufficiency of remedies proposed by British Airways, American Airlines and Iberia in the context of its review of the compatibility of the airlines’ envisaged cooperation relating to transatlantic flights with Article (...)

The UK Competition Authority launches criminal investigation in the automotive sector, promoting the Enterprise Act
Innovate Finance (London)
France 29 contributions 89956 visits
I. Legal background The UK criminalized competition law in 2002 by adopting the Enterprise Act, which came into force in June 2003. It set up a whole new framework to prosecute, on a criminal basis, the individuals responsible for the establishment and implementation of (of participating in) a (...)

Unilateral Practices

 The Italian Court of Appeal annuls its precedent injunctive relief against the soccer association for illegitimate award procedures of TV rights for live broadcasts of soccer matches (Conto TV / Lega Calcio)
Italian Competition Authority (Rome)
Italy 4 contributions 5687 visits
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Luiss Guido Carli University (Rome)
Italy 7 contributions 8561 visits
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Luiss Guido Carli University (Rome)
Italy 15 contributions 10974 visits
Introduction CONTO TV S.r.l. (CONTO TV) is a small broadcasting company operating satellite TV in Italy. LEGA CALCIO is the Italian Soccer Association, entrusted by the Italian law with the task of selling soccer matches audio-television rights of its associates, Serie A and B clubs. On July (...)

The Latvian Competition Authority discontinues investigation on the alleged predatory pricing engaged by a grey cement producer on an aftermarket (Cemex)
Latvian Competition Council (Riga)
Latvia 116 contributions 22309 visits
The Competition Council Discontinues Investigation on the Alleged Infringement By Cemex Ltd. in the Transport-Concrete Market* On 26 February 2010 the Competition Council adopted decision to discontinue the investigation on the alleged abuse of a dominant position by a producer of grey cement, (...)

The Swedish Market Court upholds the Competition Authority’s interim order imposing an obligation on an electrical company to provide potential customer access to its electricity mains (Ekfors)
Vinge (Stockholm)
Sweden 18 contributions 18544 visits
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Swedish Competition Authority (Stockholm)
Sweden 4 contributions 4242 visits
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Bokwall Rislund (Stockholm)
Sweden 4 contributions 4242 visits
Background On February 26, 2010, the Market Court delivered one of its judgments in the long running conflict between the municipality of Haparanda (Haparanda) and the energy company Ekfors Kraft AB (Ekfors). The dispute between the parties mainly concern allegations of abuse of a dominant (...)

The Swiss Federal Administrative Court revokes CHF 333 million fine against leading telecommunications provider’s subsidiary (Swisscom Mobile)
Agon Partners (Zurich)
Switzerland 9 contributions 13543 visits
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Fenaco (Bern)
Switzerland 2 contributions 1720 visits
I. Summary The Swiss Federal Administrative Court overruled a judgment rendered by the Swiss Competition Commission imposing a fine of CHF 333 M on Swisscom Mobile for abusing its dominant position by improperly enforcing inflated prices for mobile termination. II. Case 1. Parties Swisscom (...)

The UK Court of Appeal supports OFGEM’s decision against the national grid’s metering case (National Grid)
Jacobs (Glasgow)
United Kingdom 18 contributions 24931 visits
Ofgem welcomes the Court of Appeal’s ruling that National Grid breached the law and acted anti-competitively in the domestic gas metering market, endorsing Ofgem’s findings in April 2008. Background Shortly after the domestic gas metering market was opened to competition, National Grid struck (...)

The UK Competition Authority issues a statement of objections for alleged abuse of a dominant position in the pharmaceutical sector (Reckitt Benckiser)
European Commission
Belgium 714 contributions 215672 visits
United Kingdom: The Office of Fair Trading (OFT) Issues Statement of Objections for Alleged Abuse of a Dominant Position in the Pharmaceutical Sector On 23 February 2010, the OFT issued a Statement of Objections alleging that Reckitt Benckiser abused its dominant position in the market for the (...)

The UK Court of Appeal upholds an abuse of dominance finding against incumbent gas provider but reduces the size of the fine imposed (National Grid)
Shoosmiths (Reading)
United Kingdom 9 contributions 15988 visits
On 23 February 2010, the Court of Appeal held that the UK Competition Appeal Tribunal ("CAT") had correctly upheld a decision of the UK energy regulator, OFGEM, that National Grid had abused its dominant position in the market for the provision of domestic-sized gas meters. The CAT had reduced (...)

The Bulgarian Competition Authority defines the refusal to supply on the market for the provision of technical water as abuse of dominant position (Chimik / Irrigation Systems)
University of Macau - Faculty of Law (Macau)
China 283 contributions 223395 visits
On 18 February 2010 the Bulgarian Competition Authority (CPC) that single supplier of technical water in the city of Asenovgrad, Irrigation Systems has abused its dominant position by terminating the supply of technical water to one of its clients, Chimik. The facts of the case were as follows. (...)

The Bosnian & Herzegovina Competition Authority initiates an investigation into potential margin squeeze practices of the incumbent telecom operators (BH Telecom / Telekomunikacije Republike Srpske)
University of Macau - Faculty of Law (Macau)
China 283 contributions 223395 visits
On 16 February 2010 the Competition Authority of Bosnia & Herzegovina (KV) opened an investigation into the potential margin squeeze practices applied by the incumbent telecom operators BH Telecom and Telekom RS. The investigation was prompted by the complaint submitted by the independent (...)

The Polish President of the Competition Authority accepts commitments submitted by satellite pay-TV platform regarding the use of exclusive sports media rights (Cyfrowy Polsat)
Polish Competition Authority (Warsaw)
Poland 3 contributions 5509 visits
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Polish Competition Authority (Warsaw)
Poland 1 contribution 1209 visits
Decision On 12 February 2010, the President of the Office for Competition and Consumer Protection (OCCP) issued a decision which rendered plausible that Cyfrowy Polsat (pay-TV operator) had abused its dominant position by selling rights for public broadcasting of Euro 2008 subject to acquire (...)

The Basque Competition Authority fines a telecommunications operator for discrimination (Telefónica)
Van Bael & Bellis (Brussels)
Belgium 191 contributions 64655 visits
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Practising Law Institute (New York)
United States 93 contributions 31036 visits
In a decision dated 11 February 2010, the Basque Competition Authority imposed a fine of approximately € 3.4 million on Telefónica for discriminatory practices in breach of the Spanish provision equivalent to Article 102 TFEU. The Basque Competition Authority considered that Telefónica held a (...)

The Swedish Market Court upholds the Competition Authority’s interim order to prohibit a state-owned airport operator to implement a planned reallocation of the queuing system for taxis at Arlanda airport as the planned system would have amounted to an abuse of a dominant position (Luftfartsverket)
Vinge (Stockholm)
Sweden 18 contributions 18544 visits
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Swedish Competition Authority (Stockholm)
Sweden 4 contributions 4242 visits
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Bokwall Rislund (Stockholm)
Sweden 4 contributions 4242 visits
Background Luftfartsverket (“LFV”) is a state-owned company that operates Swedish public airports. In the autumn of 2009, LFV announced that it planned to implement a new queuing system for taxis at Terminals 2 and 5 at Stockholm Arlanda Airport. Subsequent to LFV’s announcement, several smaller (...)

The EU Commission announces a market test on commitments offered by an energy company (ENI)
Van Bael & Bellis (Brussels)
Belgium 191 contributions 64655 visits
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Practising Law Institute (New York)
United States 93 contributions 31036 visits
On 4 February 2010, the Commission announced that the Italian energy company ENI had proposed structural remedies to address the Commission’s concerns that the management and operation of natural gas transmission pipelines by ENI could infringe Article 102 TFEU, and stated its intention to (...)

Mergers

 The Slovak Council of the Competition Authority clarifies the conditions for notification of an intention of a concentration (CEZ / Lumius)
Braun (Bratislava)
Slovakia 7 contributions 9259 visits
An amendment to the Slovak Competition Act, which entered into force with effect from 1 June 2009, introduced the possibility of a pre-signing merger notification. From now on, mergers can also be notified before a legally binding transaction document has been signed, e.g. on the basis of a (...)

The UK Competition Appeal Tribunal orders the Competition Commission to reconsider its clearance of a merger on the basis of absence of vertical concerns (Ticketmaster / Live Nation)
Herbert Smith Freehills (Brussels)
Belgium 107 contributions 67409 visits
Following a reference of the case to it from the OFT, on 22 December 2009, the UK Competition Commission ("CC") announced that it had decided to clear unconditionally the proposed merger of Ticketmaster Entertainment Inc. ("Ticketmaster"), a ticketing agent, and Live Nation Inc. ("Live (...)

The Italian Competition Authority finds the commitments proposed by the parties suitable to ensure the correct implementation of the remedies imposed for the approval of a bank merger (Banca Intesa / San Paolo IMI)
Giannino SI (Monserrato)
Italy 154 contributions 129930 visits
It seems that the Banca Intesa/San Paolo IMI merger case may finally come to an end. By a recent decision, the Italian Competition Authority (ICA) accepted the remedies offered by the parties to ensure the correct implementation of the obligations they undertook for the regulatory approval of (...)

The Hungarian Competition Office clears concentration in the cement sector and interprets the legal definition of joint control (HeidelbergCement/Schwenk)
Lakatos, Köves (Budapest)
Hungary 35 contributions 46978 visits
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Kinstellar (Budapest)
Hungary 2 contributions 1373 visits
On 18 February 2010 the Hungarian Competition Office (“HCO”) cleared the acquisition of a 0.01 per cent stake in Duna-Dráva Cement Kft. (“DDC”) by Schwenk Zement KG (“Schwenk”) from HeidelbergCement Central Europe East Holding BV (“Heidelberg”). DDC is a cement factory owned by Heidelberg and Schwenk. (...)

The EU Commission clears merger in the internet search and search advertising services markets (Microsoft / Yahoo!)
European Commission - DG COMP (Brussels)
Belgium 6 contributions 13352 visits
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European Commission
Belgium 1 contribution 693 visits
"Economic background of the Microsoft/Yahoo! Case"* I. Introduction This paper offers an economic background for the analysis conducted by the Commission during the recent M.5727 Microsoft/Yahoo! transaction and complements the article ‘The Microsoft/Yahoo! Search business case’ published in (...)

The EU Commission clears in phase I a merger in the internet search market while addressing the concept of concentration and conducting a detailed two-sided market analysis (Microsoft / Yahoo!)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 64 contributions 29501 visits
Microsoft/Yahoo! – the concept of a concentration* The Commission’s recent decision approving Microsoft’s acquisition of Yahoo!’s Search Business (including internet search and search advertising) contains an interesting application of the definition of a concentration under the Merger Regulation. (...)

The EU Commission conditionally clears the acquisition of a Belgian pharmaceuticals company by a US competitor (Abbott / Solvay Pharmaceuticals)
JG Associates (Brussels)
193 contributions 62563 visits
"Merger: main developments between 1 January and 30 April 2010" On 11 February the Commission approved the proposed acquisition of Solvay Pharma (Belgium) by Abbott Laboratories (USA). The decision is conditional upon the divestment of the Cystic Fibrosis testing business of Solvay Pharma’s (...)

The Danish Competition Authority revokes its decision to clear the merger between two agricultural companies (Danish Agro / Landbrugets Andel)
Van Bael & Bellis (Brussels)
Belgium 227 contributions 70398 visits
On 1 February 2010, the Danish Competition Authority revoked its earlier decision approving the takeover by Danish Agro of its competitor Landbrugets Andel, both active in the agricultural sector. The approval decision was largely based on the Danish Competition Authority’s understanding that (...)

State Aid

 The EU Commission conditionally approves State aid package and restructuring of European financial services group (Dexia)
Solvay Brussels School
Belgium 1 contribution 1484 visits
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Moody’s Investors Service (Paris)
1 contribution 1484 visits
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European Commission - DG COMP (Brussels)
Belgium 1 contribution 1484 visits
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"The Dexia restructuring decision"* On 26 February 2010, the Commission took a final, conditional decision approving the State aid package to, and the restructuring of, Dexia SA (‘Dexia‘), which benefited from a large State aid package. This conditional decision follows an in-depth investigation (...)

The EU Commission approves the establishment of a national agency which constituted an impaired asset relief scheme for financial institutions (National Asset Management Agency)
European Commission - DG COMP (Brussels)
Belgium 98 contributions 34142 visits
"State aid: main developments between 1 January and 30 April 2010"* On 26 February 2010, the Commission approved the establishment of the National Asset Management Agency (NAMA), an impaired asset relief scheme for financial institutions in Ireland. The purpose of NAMA is to restore stability (...)

The European Commission authorizes Danish scheme providing export loans to Danish exporters and/or their clients experiencing difficulties in accessing funding
European Commission - DG COMP (Brussels)
Belgium 98 contributions 34142 visits
"State aid: main developments between 1 January and 30 April 2010"* The Commission has authorised a Danish scheme providing export loans to Danish exporters and/or their clients who are experiencing difficulties in accessing funding in the current financial crisis. The Commission found the (...)

The EU Commission authorizes plans notified by Sweden to provide a guarantee enabling a car manufacturer to access a loan from the European Investment Bank (Saab)
European Commission - DG COMP (Brussels)
Belgium 98 contributions 34142 visits
"State aid: main developments between 1 January and 30 April 2010"* The Commission has authorised plans notified by Sweden to provide a guarantee that will enable Saab Automobile AB to access a loan from the European Investment Bank (EIB). The loan to be granted by the EIB will co-finance (...)

The EU Commission authorises an amendment to a Dutch short-term export credit insurance scheme
European Commission - DG COMP (Brussels)
Belgium 98 contributions 34142 visits
"State aid: main developments between 1 January and 30 April 2010"* The Commission has authorised an amendment to a Dutch short-term export credit insurance scheme, which was initially approved on 2 October 2009. The amendments include a reduction in the level of premiums to be paid by (...)

The Italian Supreme Court rules that a non-profit banking foundation is not eligible for a tax exemption because an Italian law permitting the tax break for non-profits must be disapplied in cases where the entity is clearly an undertaking within the meaning of Article 107 TFEU (Agenzia delle Entrate / Fondazione Cassa di Risparmio di Carpi)
BonelliErede (Brussels)
Belgium 28 contributions 22688 visits
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Luiss Guido Carli University (Rome)
Italy 23 contributions 776 visits
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BonelliErede (Brussels)
Belgium 24 contributions 1568 visits
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On 4 February 2010, the Supreme Court delivered Decision No. 2592 in which it upheld the appeal brought by the Italian tax authority (“ITA”, Agenzia delle Entrate), the entity responsible for collecting taxes and revenue in Italy, against a decision issued by the Regional Tax Court of Emilia (...)

The OECD holds a roundtable on competition, State aids and subsidies
OECD - Competition Division (Paris)
France 311 contributions 1256025 visits
Executive summary, by the Secretariat From the background paper, country contributions and the discussion at the roundtable held at the 2010 Global Forum on Competition, the following key points emerge on Competition policy, State Aids and Subsidies. (1) State aids and subsidies represent a (...)

Procedures

 The Swedish Competition Authority adopts general guidelines on trading prohibitions for infringments of competition rules
European Commission
Belgium 714 contributions 215672 visits
Sweden: New General Guidelines on Trading Prohibitions for Infringements of Competition Rules On 24 February 2010, the Swedish Competition Authority (SCA) has adopted general guidelines on the imposition of trading prohibitions and trading prohibition immunity. Trading prohibitions may be (...)

The UK Court of Appeal’s reminds of how novel points in a case should impact on the penalty imposed (National Grid)
Linklaters (Hong Kong)
Hong Kong 10 contributions 8340 visits
Businesses and their advisors are often confronted by situations where the law in relation to their behaviour is either unclear or uncertain. This raises an underlying concern that if their conduct is later deemed illegal, what impact should the uncertainty have on the illegality and/or any (...)

The US District Court for the Northern District of Georgia dismisses the FTC’s pay-for-delay antitrust lawsuit ruling that the contested settlements are not an unreasonable restraint of trade (Androgel)
Skadden, Arps, Slate, Meagher & Flom (Washington)
United States 11 contributions 3615 visits
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Skadden, Arps, Slate, Meagher & Flom (Washington)
United States 29 contributions 9242 visits
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Fordham Competition Law Institute - FCLI (New York)
United States 16 contributions 12207 visits
On February 22, 2010, Judge Thomas W. Thrash, Jr. dismissed the Federal Trade Commission’s (FTC) antitrust lawsuit alleging that Solvay Pharmaceuticals (Solvay) conspired with generic drug makers Watson Pharmaceuticals (Watson) and Par Pharmaceuticals (Par) to delay generic competition for the (...)

The US District Court for the Northern District of Georgia grants defendants’ motions to dismiss antitrust claims submitted by the FTC regarding reverse payments settlements and related commercial arrangements (Androgel)
IPR University Center (Helsinki)
Finland 29 contributions 5318 visits
U.S. District Court dismisses AndroGel reverse payment antitrust claims* On 22 February 2010 the U.S. District Court for the Northern District of Georgia (Atlanta Division) granted defendants’ motions to dismiss antitrust claims brought by the Federal Trade Commission (“FTC”) among others that (...)

The US District Court for the Northern District of Georgia dismisses antitrust claims on reverse payment on the pharma market (Androgel)
Sheppard Mullin (San Francisco)
United States 13 contributions 2992 visits
FTC Gets Shut Down – Once Again – In Its Bid To Change How Courts View Reverse Payment Settlements* As previously reported on this blog, in January 2009, the Federal Trade Commission launched its latest challenge to the legality of reverse payment settlements in the pharmaceutical industry, this (...)

The French Commercial Supreme Court quashes the Court of Appeal decision in the iPhone case without any practical effect (Orange / Apple / France Télécom)
Vogel & Vogel (Paris)
France 94 contributions 118049 visits
The Court of Cassation has quashed and annulled the decision by which the Paris Court of Appeal upheld the order for interim measures - which are very unusual - leading to the suspension of Orange’s exclusive deal to market the iPhone . According to the Court of Appeal, exclusive agreements (...)

The French Supreme Court rules that the Paris Court of appeal has not given a legal basis to its judgment confirming the Competition Authority’s decision to end an exclusive distribution agreement in the mobile phone sector (Orange / Apple / France Télécom)
EDHEC (Lille)
France 9 contributions 15260 visits
Further to an agreement with Apple company, Orange became the exclusive carrier service provider and exclusive iPhone wholesaler over the French territory. Bouygues Télécom referred the matter to the French Competition Authority which ruled that this agreement seriously and immediately undermined (...)

The European Council appoints the new Competition Commissioner Almunia
Court of First Instance of Namur (Namur)
Belgium 224 contributions 45739 visits
After the European Parliament’s endorsement on 9 February 2010, the Council formally appointed the new Commission on 10 February 2010. Mr. Joaquín Almunia took office on the same day and replaced Ms. Neelie Kroes as Commissioner for Competition. Mr. Almunia, an economist by profession, was the (...)

The Italian Competition Authority transmits to the government a document which highlights the need for reforms to ensure the development of competition and consumer protection
European Commission
Belgium 714 contributions 215672 visits
Italy: “Annual Law for Competition” Pursuant to Article 47 of L. 99/2009, the Italian Government must submit to the Parliament, a draft of the “annual law for competition”. The “annual law for competition” should remove any existing legal or administrative obstacles to the opening of markets and (...)

The Bulgarian Competition Authority issues guidelines on commitments
University of Macau - Faculty of Law (Macau)
China 283 contributions 223395 visits
On 9 February 2010 the Bulgarian Competition Authority (CPC) issued the Guidelines on assessment of commitments under competition law (the Guidelines), which contain substantive and procedural rules on presentation, assessment and acceptance of commitments within the framework of investigations (...)

The French Supreme Court reaffirms its case law on the parties’ right of access to documents in the framework of the commitments procedure (CRSP)
Court of First Instance of Namur (Namur)
Belgium 224 contributions 45739 visits
In three judgments of 2 February 2010 (all published on 23 February 2010) the French Supreme Court annulled the judgments of 26 November 2008, whereby the Paris Court of Appeal had annulled commitments decisions adopted by the French Competition Authority in the pharmaceutical sector. This case (...)

Regulatory

 The Luxembourg administrative Court of first instance qualifies for the first time a contract as a “service concession” under EU law (Eltrona, Nokia Siemens, Imagin and Coditel : CATV network)
NautaDutilh (Luxembourg)
Luxembourg 23 contributions 76607 visits
Facts of the case 1. In 2008 the city of Mersch launched a public tender procedure in order to choose the best qualified operator for the management of its municipal cable television (CATV) network, over which television content is distributed and broadband internet services are offered. (...)

The French Competition Authority issues an opinion on competition and regulation of airport activities
French Competition Authority (Paris)
France 717 contributions 370074 visits
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence recommends a strengthening of the open competition obligations and advocates the implementation of a more efficient regulation.* A request for an opinion had been submitted to (...)

The OECD holds a roundtable on competition and corporate governance
OECD - Competition Division (Paris)
France 311 contributions 1256025 visits
It is an open question whether competition and corporate governance policies are complements or substitutes, so the Committee held this hearing to gain a better understanding of the interface between the two policies. The delegates discussed conflicts of interest between shareholders and (...)

The OECD holds a roundtable on electricity: renewables and smart grids
OECD - Competition Division (Paris)
France 311 contributions 1256025 visits
Increasingly, governments are adopting targets for the share of electricity that would be generated by renewable sources, such as wind or solar power. The increasing output of renewable energy poses challenges for the electricity supply network, such as how to upgrade and reinforce the main (...)

The Portuguese Competition Authority issues a study on consumer mobility in the electronic communications sector
European Commission
Belgium 714 contributions 215672 visits
Portugal: The Competition Authority (PCA) concludes a study on Mobility in the Electronic Communications Sector In February 2010, the Portuguese Competition Authority completed the Study on Consumer Mobility in the Electronic Communications Sector. The Report concludes that there is limited (...)

The Commercial division of the French Supreme Court emphasizes the reliability and independent conduct of price records involving a large amount of products, thereby validating a price comparison website (Carrefour / Leclerc)
EDHEC (Lille)
France 8 contributions 16642 visits
The launching, in May 2006, of a price comparison website suggestively named “www.quiestlemoinscher.com” (www.who-is-the-cheapest.com) by the large-scale retail group E. Leclerc marked a significant development in the price war opposing major French large-scale retail groups. This price war (...)

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