February 2014

General antitrust

 The EU Parliament and Council issue a directive on public concessions which brings about a significant risk of duplication of the relevant rules
University of Bristol - Law School
United Kingdom 92 contributions 25751 visits
The new Directive on Concessions is basically unnecessary, but creates red tape, duplication & legal uncertainty (Dir 2014/23)* I have been working on the preparation of a commentary to the first part of the new Directive 2014/23 on the award of concession contracts (OJ L 94, 28/03/2014, (...)

The EU Council adopts a new public procurement directive that results in the consolidation of the principle of competition
University of Bristol - Law School
United Kingdom 92 contributions 25751 visits
The "new" principle of competition in Directive 2014/24: a new set of presumptions?* The adoption of Directive 2014/24 of 26 February 2014 has resulted in the consolidation of the principle of competition in Article 18. According to the wording of this provision: "The design of the (...)

The Belgian Parliament passes a law introducing class action
White & Case (Brussels)
Belgium 39 contributions 66271 visits
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Freshfields Bruckhaus Deringer (Brussels)
Belgium 1 contribution 330 visits
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Degroof Petercam (Brussels)
United States 1 contribution 330 visits
Class Actions: Now in Belgium*Class actions are a hot topic in Europe, and elsewhere. Various European countries have introduced, or are in the process of introducing, class action mechanisms. At the European Union level a similar development is noticeable, with proposals both in the field of (...)

The Dutch Authority for Consumers and Markets develops new consultation method to set its agenda 2014-2015
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220597 visits
The Netherlands: The Authority for Consumers and Markets develops new Consultation Method to set its Agenda 2014-2015* On 5 February 2014, the Netherlands Authority for Consumers and Markets (ACM) launched an online consultation on its strategic agenda, using a multimedia project. The ACM (...)

Anticompetitive practices

 The Russian Competition Authority proposes solutions to resolve problems in the pharmaceutical market
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 57364 visits
FAS solutions to the problems on the pharmaceutical market* On 28th February 2014, at the 13th Global Competition Forum, of the Organization for Economic Cooperation and Development (OECD) in Paris, Deputy Head of the Federal Antimonopoly Service (FAS Russia), Andrey Tsyganov, moderated a (...)

The Indian Competition Authority opens an investigation regarding barriers of entry created by a professional education association in the market it regulates (ICAI)
Vaish Associates Advocates (New Delhi)
India 263 contributions 43246 visits
Investigation into ICAI over unfair and discriminatory education scheme* The Competition Commission has initiated an investigation into the Institute of Chartered Accountants of India (ICAI) for alleged abuse of dominance by imposing unfair and discriminatory conditions with respect to its (...)

The Danish Competition Authority enters into settlements with five owners of driving schools in a cartel case (Thingaards / Henriks / Kronborgs / Dan’s / Kirkegårdsarbejde)
Plesner (Copenhagen)
Denmark 41 contributions 74429 visits
On 28 February 2014, the Danish Competition and Consumer Authority (“DCCA”) announced in a press release that the owners of five driving schools had entered into a settlement with the Public Prosecutor for Serious Economic and International Crime (“PSEIC”) for infringing section 6 of the (...)

The Italian Competition Authority finds that two companies entered in an anti-competitive agreement in the ophthalmic drugs market (Roche / Novartis)
Ashurst (Milan)
Italy 103 contributions 30327 visits
Italian Competition Authority imposes hefty fines on Roche and Novartis* On 27 February 2014, the Italian Competition Authority (“ICA”) issued a decision (in Italian only) finding that Roche and Novartis entered into an anticompetitive agreement in the market for ophthalmic drugs used to (...)

The Japanese Competition Authority takes action against a trade association for its alleged participation in price-fixing the fees for a voluntary flu shots service (Yoshikawa Matsubushi Medical Association)
Steve Szentesi Law Professional Corporation
France 55 contributions 14689 visits
Antitrust & Associations: German, Japanese Antitrust Authorities Take Action Against Associations in Price-fixing Cases* In two interesting trade association related cases that caught my eye today, the German (Bundeskartellamt) and Japanese (Fair Trade Commission – “JFTC”) antitrust (...)

The Irish Competition Authority Releases its 2013 Annual Report
Durham University
United Kingdom 10 contributions 1687 visits
On 27 February 2014, the Irish Competition Authority published its 2013 Annual Report. A notable feature of this report is that it is the first report produced after Ireland exited its “bailout” by the Trokia: the IMF, ECB and EU. The Memorandum of Understanding 2010 Bailout required the (...)

The Russian Competition Authority imposes fines on several cartelists on the market of supplying pangasius fillet produced in Vietnam (Russian Fish Company)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 57364 visits
FAS fined cartel participants supplying fish from Vietnam* On 27th February, the Federal Antimonopoly Service (FAS Russia) imposed administrative fines upon several cartel participants on the market of supplying pangasius fillet produced in Vietnam to Russia. In particular, “Russian Fish (...)

The Italian Competition Authority fines a pharmaceutical company for having “artificially differentiated” their medicinal products in breach of Article 101 TFEU (Roche-Novartis/Farmaci Avastin e Lucentis)
BonelliErede (Rome)
Italy 41 contributions 54306 visits
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Max Planck Institute for Innovation and Competition (Munich)
Italy 11 contributions 4581 visits
In its decision of 27 February 2014, the Italian Competition Authority (the “ICA” or the “Authority”), following the complaints lodged by the Italian Ophthalmological Society (“SOI” - Società oftalmologica italiana) and an association of private healthcare hospitals (“AIUDAPDS” - Associazione (...)

The Paris Court of Appeal orders to compensate companies in an amount of over € 1.6 million due to their damages resulting from an anti-competitive agreement on prices and sales volumes of synthetic lysine prohibited by the European Commission (Ajinomoto Eurolysine)
Norton Rose Fulbright (Paris)
France 4 contributions 1136 visits
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Engie (Paris)
France 3 contributions 854 visits
In a judgment dated February 27, 2014, the Court of Appeal of Paris (Court of Appeal) has, on remand from the Court of Cassation (Court), ordered Ajinomoto Eurolysine (AE) to compensate four companies in the Doux group (Doux) in an amount of over € 1.6 million due to their damages (...)

The Paris Court of Appeal orders a food producer to pay €1.6M damages resulting from an anti-competitive agreement on prices and sales volumes of synthetic lysine prohibited by the EU Commission (Ajinomoto / Eurolysine)
Herbert Smith Freehills (Paris)
France 63 contributions 13618 visits
Brief summary of facts Ajinomoto Eurolysine (AE) entered into an anti-competitive agreement on prices, sales volumes and exchange of individual information on the lysine market between July 1990 and June 1995. Brief summary of judgment The Court considered that the fault had been (...)

The EU Court of Justice determines that a claimant against a cartel in the gas insulated switchgear market failed to demonstrate that access to documents filed by the defendants during leniency proceedings are necessary for a private enforcement claim (EnBW Energie Baden-Württemberg / Siemens / ABB)
International Chamber of Commerce (Paris)
France 37 contributions 9543 visits
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Hogan Lovells (Paris)
France 24 contributions 6761 visits
Brief summary of facts In 2007, the Commission sanctioned various companies, including Siemens and ABB, for participating in a cartel relating to gas insulated switchgear. Anti-competitive behaviours included bid-rigging, price fixing and market sharing. EnBW is an energy-distribution (...)

The Hungarian Competition Authority conducts on spot inspections without prior notification at the premises of a number of TV-broadcasting companies (Media Support and Asset Management Fund)
Hungarian Competition Authority (Budapest)
Hungary 95 contributions 19893 visits
Suspected cartel in public procedure* On 21 February 2014 the Hungarian Competition Authority (Gazdasági Versenyhivatal – GVH) initiated a supervision proceeding against HTD Szaknévsor Kiadó Kft., JRM Produkció Kft., Nosztalgia-Design Kft., “PUPU Produkció” Filmgyártó Kft., TVP Televíziós és (...)

The Russian Competition Authority applies for the first time the exterritoriality provision of the national competition law (Uzmobile / Rubicon Wireless Communication)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 57364 visits
For the first time FAS applied the exterritoriality provision of the Federal Law “On Protection of Competition”* On 26th February 2014, the Commission of the Federal Antimonopoly Service (FAS Russia) found two cellular operators: a specialized branch of “Uzbektelecom” OJSC – “Uzmobile” and a (...)

The Danish Competition Authority accepts new commitments regarding football clubs’ joint sale of media rights for national league football (Superliga)
Danish Competition and Consumer Authority (Copenhagen)
Denmark 133 contributions 36466 visits
Danish Competition Council Accepts New Commitments regarding Danish Football Clubs’ Joint Sale of Media Rights* On 26 February 2014 the Danish Competition Council accepted new commitments offered by the Association of Danish League Clubs regarding the clubs’ joint sale of media rights to (...)

The Australian Competition Authority issues a draft objection notice proposing to revoke two collective bargaining notifications lodged by a national industry body representing the interests of online wagering and sports betting companies (AWC)
Australian Competition and Consumer Commission (Canberra)
Australia 400 contributions 84808 visits
ACCC proposes to revoke immunity for collective bargaining and collective boycott against NRL by betting agencies* The Australian Competition and Consumer Commission has issued a draft objection notice proposing to revoke two collective bargaining notifications lodged by the Australian (...)

The Danish Competition Authority accepts new commitments in relation to a joint sales agreement between football clubs in the top Danish league (Superliga)
Plesner (Copenhagen)
Denmark 41 contributions 74430 visits
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TDC Group (Copenhague)
Denmark 1 contribution 236 visits
On 26 February 2014 the Danish Competition Council (“DCC”) accepted revised commitments offered by the Association of Danish League Clubs (“ADLC”) regarding the joint sale of media rights to the premier Danish football leagues. The new commitments allow for a longer rights period (6 years), (...)

The German Competition Authority imposes fines on four wallpaper manufacturers, their representatives and trade association on account of price fixing agreements (Creation Tapeten)
German Competition Authority (Bonn)
Germany 458 contributions 117159 visits
Price agreements between wallpaper manufacturers Bundeskartellamt imposes fines of around 17 million Euros* On 25 February 2014 the Bundeskartellamt has imposed fines totalling around 17 million euros on four wallpaper manufacturers, their representatives and trade association on account of (...)

The US Court of Appeals for the Ninth Circuit upholds a lower court’s judgement dismissing claims of conspiracy to restrain trade and attempted monopolization on the market for prosthetic microprocessor knees (DAW Industries / Hanger Orthopedic)
Sheppard Mullin (San Francisco)
United States 13 contributions 3083 visits
Ninth Circuit Once Again Affirms That Malicious Actions To Destroy A Competitor Do Not State An Antitrust Claim Unless Accompanied By Injury To Competition* On February 24, 2014, the Ninth Circuit Court of Appeals affirmed the lower court’s grant of summary judgment dismissing DAW (...)

The Canadian Superior Court of Justice imposes fines on a multinational corporation for its participation in a bid-rigging conspiracy on the market for motor vehicle components (Panasonic)
Steve Szentesi Law Professional Corporation
France 55 contributions 14689 visits
Auto Parts Investigation Rolls Along: Former Auto Parts Executive Sentenced to 1 Year in Prison for Deleting E-mails, Panasonic to Pay $4.5 M in Canada* In what can only be called a sobering reminder earlier on 20 February 2014 of the importance of not obstructing an ongoing criminal (...)

The Italian Competition Authority opens an investigation against a consortium of national banks and other operators for fixing multilateral interchange fees in bill payments (Consorzio BANCOMAT)
Chiomenti (Milan)
Italy 6 contributions 2089 visits
On 19 February 2014 the Italian Competition Authority (Autorità Garante della Concorrenza e del Mercato, the “Authority”) opened an investigation against Consorzio BANCOMAT (the “Consortium”) for a decision aimed at fixing the Multilateral Interchange Fee (the “MIF”) in relation to bills (...)

The German Competition Authority finds that the sugar cartel agreement has been implemented under the umbrella of the national industry association (Pfeifer / Südzucker / Nordzucker)
Steve Szentesi Law Professional Corporation
France 55 contributions 14689 visits
Trade Association Reportedly Used as Umbrella for Market Division, Output Restriction Cartel Agreement Among German Sugar Manufacturers* On 18 February 2014 the German antitrust authority (Bundeskartellamt) announced that it had fined Germany’s three largest sugar manufacturers € 280 million (...)

The German Competition Authority fines sugar producers for concluding anticompetitive agreements on sales areas, quotas and prices (Zuckerkartell)
German Competition Authority (Bonn)
Germany 458 contributions 117159 visits
Bundeskartellamt imposes fines on sugar manufacturers* Today the Bundeskartellamt has imposed fines amounting to around 280 million euros on the three major German sugar manufacturers Pfeifer & Langen GmbH & Co.KG, Cologne, Südzucker AG Mannheim/Ochsenfurt, Mannheim, and Nordzucker (...)

The French Supreme Court rejects parent company’s authority and revenue as basis for fines (Historical monuments)
HeplerBroom (Saint Louis)
United States 2 contributions 305 visits
Parents, it turns out, are not always responsible for their children. In a February 18, 2014 decision, the French Supreme Court (la Cour de Cassation) emphasized the need for individualized determinations of civil fines and penalties. The Supreme Court’s decision focused on the (...)

The U.S. District Court of Dallas dismisses antitrust claims because plaintiffs did not plausibly state an agreement on the market for direct online sale of hotel room reservations leaving the question of potential anticompetitive effect of the most favored nation (MFN) clause without an answer (OTC / Hotel Booking)
Bona Law (Detroit)
United States 24 contributions 5760 visits
OTA Case Turns Out to Be Less about MFNs and More about Agreement* Back in September 2012, the potential anticompetitive aspects of most favored nation (MFN) clauses was the hot antitrust topic. While antitrust counselors (and courts) had found the clauses to be innocuous almost all the (...)

The US District Court for the Northern District of Texas dismisses a class action lawsuit filed by an online travel discount company against 12 dominant hotel chains and 9 online travel agencies alledging unfair exclusion from the market (OTC / Hotel Booking)
Ashurst (Milan)
Italy 103 contributions 30327 visits
U.S. District Judge in Texas dismisses class action lawsuit against conspiracy by online travel agencies and hotels to fix the price of hotel rooms* On 18 February 2014, U.S. District Judge Jane Boyle of the Northern District of Texas Dallas Division dismissed a class action lawsuit that (...)

The Moscow Arbitration Court upholds the decision of the Russian Competition Authority having imposed fines on several tenderers for bid-rigging (Syrievie Resursy)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 57364 visits
Court agreed with punishments to the participants of a cartel at the auction organized by the Ministry of Defence* The Federal Arbitration Court of the Moscow District confirmed legitimacy of the fine imposed by the Federal Antimonopoly Service (FAS Russia) upon “Velikie Luki Meat Plant” (...)

The Kenyan Competition Authority finds that the world’s second-biggest cement producer has engaged in a price-fixing agreement due to the acquisition of shareholdings in two direct competitors (Lafarge)
Primerio (Johannesburg)
South Africa 22 contributions 5801 visits
Kenya: Lafarge faces possible price-fixing penalties due to cross shareholding* East Africa back on antitrust enforcer’s mat in hybrid unilateral / collusion case The Kenyan Competition Authority has alleged that Lafarge has engaged in price-fixing due to the company’s cross-shareholding (...)

The England & Wales Court of Appeal overturns Competition Appeal Tribunal’s judgement and completes its analysis in a case regarding sports broadcasting (BT / BskyB)
University of Manchester
United Kingdom 9 contributions 2059 visits
Summary of the case In BT v BSkyB, the Court of Appeal (CoA) found that the Competition Appeal Tribunal (CAT) had erred in law by not including the cable rate-card price issue into its analysis. The CoA allowed the appeal by BT and Ofcom. It was necessary to deal more fully the cable (...)

The New Zealand Competition Authority issues a warning over a ’no discounting’ clause implemented by a community pharmacies association (DHB / Pharmacy Guild)
Steve Szentesi Law Professional Corporation
France 55 contributions 14689 visits
Antitrust & Associations: Recent New Zealand Case a Reminder that Voluntary Industry Associations are Not Price Regulators* A New Zealand association related case announced today is a recent reminder that voluntary industry associations are not price regulators (see: Commission issues (...)

The New Zealand Commerce Commission issues a warning pursuant to the removal of a restrictive clause from the community pharmacy services agreement (DHB / Pharma Association)
New Zealand Commerce Commission (Wellington)
New Zealand 180 contributions 25423 visits
Press releases published on New Zealand Commerce Commission Commission issues warning over ‘no discounting’ clause* The Commerce Commission has warned all New Zealand District Health Boards (DHBs) and pharmacies nationwide that “no discounting” clauses in the 2012 Community Pharmacy (...)

The Australian Competition Authority grants authorization to eight regional councils in New South Wales to enable them to jointly tender and contract for waste management
Australian Competition and Consumer Commission (Canberra)
Australia 400 contributions 84808 visits
Authorisation granted to eight NSW regional councils for joint tender arrangements* The Australian Competition and Consumer Commission has granted authorisation to eight regional councils in New South Wales to enable them to jointly tender and contract for waste collection services and (...)

The Düsseldorf Higher Regional Court fines €55 million on the matter liability in connection with reorganization measures (Melitta)
German Competition Authority (Bonn)
Germany 458 contributions 117159 visits
Düsseldorf Higher Regional Court confirms fines against Melitta* On 10 February 2014 the Düsseldorf Higher Regional Court imposed a fine of 55 million euros on Melitta Europa GmbH & Co. KG, confirming the Bundeskartellamt’s fines decision of 21 December 2009 (see Press release of (...)

The Russian Competition Authority considers that two companies have implemented a price-fixing agreement in the harvesting water biological resources market (Rosrybolovstvo)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 57364 visits
FAS found that Rosrybolovstvo and its Primorie Office concluded an anticompetitive agreement* On 10th February 2014, the Federal Antimonopoly Service (FAS Russia) found that the Federal Fishery Agency (Rosrybolovstvo) and its Primorie Regional Office violated Article 16 of the Federal Law (...)

The Australian Competition Authority launches its twice-yearly report providing a summary of activities in the small business and franchising sectors and updates on industry codes
Australian Competition and Consumer Commission (Canberra)
Australia 400 contributions 84808 visits
Big spike in small business contacts to competition regulator* The Australian Competition and Consumer Commission has launched the latest Small Business in Focus Report which outlines its work in the sector. ACCC Deputy Chair Dr Michael Schaper said that the report highlights the ongoing (...)

The EU General Court rules on an appeal by Spanish petrol station associations against a Commission’s decision rejecting their complaint alleging anticompetitive practices (CEEES / AGES)
Avocat David Leys (Brussels)
United States 27 contributions 25946 visits
I. Facts The Confederación Española de Empresarios de Estaciones de Servicio (hereafter “CEEES” ) and the Asociación de Gestores of Estaciones de Servicio (hereafter “AGES” ) claimed the annulment of a Decision of the Commission of 28 April 2013 (hereafter “the contested decision”) (...)

The Moscow Appeal Court upholds the decision of the Russian Competition Authority having sanctioned tenderers for bid-rigging (Rosta)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 57364 visits
The Appeal Court confirmed legitimacy of a 201 million RUB fine imposed upon a bid-rigger* On 6th February 2014, the 9th Arbitration Appeal Court pronounced legitimacy of holding “Rosta” CJSC administratively liable and fined the company over 201 million RUB. On 25th May 2012, the Federal (...)

The Australian Competition and Consumer Commission grants interim authorisation for collective negotiations between coal producers (Tanna Coal Export Terminal Producers / GPC)
Australian Competition and Consumer Commission (Canberra)
Australia 400 contributions 84808 visits
Coal producers granted interim authorisation for collective negotiations* The Australian Competition and Consumer Commission has granted interim authorisation for the RG Tanna Coal Export Terminal Producers (the applicants) to collectively negotiate with Gladstone Ports Corporation (GPC). (...)

The Romanian Competition Authority imposes fines on companies active on market for dental products (Vita Germany a. o.)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220597 visits
Romania: Fines imposed on Companies active on Market for Dental Products* On 5 February 2014, the Romanian Competition Council (RCC) announced in a press release that it had imposed fines totalling € 102 613 on five companies for agreeing on the maximum discount that could be offered by (...)

The US Government Accountability Office analyses the status of a test program for the acquisition of commercial items and services for public procurement
University of Bristol - Law School
United Kingdom 92 contributions 25751 visits
US GAO reports on test commercial items program for public procurement* In a recently published report, the US Government Accountability Office (GAO) assessed the status of a test program for the acquisition of commercial items and services—i.e. are those that generally available in the (...)

The Russian Competition Authority suspects again the implementation of a cartel on the auto loan market (Bank PSA Finance / Rusfinance Bank)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 57364 visits
FAS exposed new signs of violations on the auto loan market* On 4th February 2014, the Federal Antimonopoly Service (FAS Russia) initiated a case against “Bank PSA Finance RUS” Ltd. and “Rusfinance Bank” Ltd. upon signs of violating Part 4 Article 11 of the Federal Law “On Protection of (...)

The Lisbon Court of Appeal confirms fines for resale price maintenance relating to dairy products in the ’horeca’ sector (Lactogal)
University of Lisbon
Portugal 19 contributions 10825 visits
In July 2012, the Portuguese Competition Authority (PCA) found that Lactogal infringed the national provision equivalent to Article 101 TFEU in several markets for distribution and sale of dairy products in the hotel, restaurant and café (or hotel and catering) sector. Specifically, the PCA (...)

The Supreme Court of Latvia clarifies the argument regarding the object or effect distinction under national Competition Law (Rimi)
Cobalt Legal (Riga)
Latvia 26 contributions 43865 visits
On February 3, 2014, the Supreme Court of Latvia decided case No. SKA3/2014 [Rimi Latvia et al.] putting an end to a long and at times exasperating argument between Latvian competition law practitioners and the judiciary regarding the “object or effect” distinction under Latvian Competition (...)

The UK Competition Authority brings criminal charges against ex-manager following an investigation into suspected cartel conduct in respect of the supply of galvanised steel tanks for water storage (Peter Nigel Snee)
University of East Anglia
United Kingdom 1 contribution 250 visits
Can the OFT Succeed in its Latest Attempt at Bringing Criminal Charges Against an Individual for Cartel Conduct?* The Office of Fair Trading (OFT) has charged Peter Nigel Snee under section 188 of the Enterprise Act 2002. It is alleged that he ‘dishonestly agreed with others’ to fix prices, (...)

Unilateral Practices

 The Indian Competition Authority starts investigation into abuse of dominance by the national railway company and associated catering and hospitality company (Indian Railways / IRCTC)
Vaish Associates Advocates (New Delhi)
India 263 contributions 43246 visits
Investigation into Indian Railways and IRCTC for abusive practices* The Competition Commission has initiated an investigation against Indian Railways and Indian Railway Catering and Tourism Corporation (IRCTC) for abusing its dominant position. The informant had alleged that IRCTC was (...)

The French Competition Authority accepts the commitments submitted by the holder of a legal monopoly over horserace bets placed in physical outlets to separate its online horserace betting activity from its point of sale network (PMU)
French Competition Authority (Paris)
France 748 contributions 411055 visits
The Autorité de la concurrence has obtained a commitment from the PMU, which will separate its online horserace betting activity from its network of points of sale under monopoly. With this decision, the Autorité ensures that diversified legal supply is maintained, to the consumer’s benefit, (...)

The French Competition Authority makes legally binding the commitment of the holder of a legal monopoly over horserace bets placed in physical outlets, to separate its online horserace betting activity from its point of sale network (PMU)
Ashurst (Milan)
Italy 103 contributions 30327 visits
French Competition Authority orders PMU to separate its online horserace betting activity from its physical point of sale network* On 25 February 2014, the French Competition Authority (“AdlC”) issued a decision (available only in French) making legally binding the commitment of Pari Mutuel (...)

The Dutch Competition Authority decides not to take further action against a credit card company following the adjustment of the interbank tariffs for domestic credit-card payments (MasterCard)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 212 contributions 36837 visits
ACM: MasterCard lowers tariffs for credit card payments* Over the next two years, financial-services company MasterCard will lower the tariffs that banks charge each other for processing domestic credit-card payments. As a result, businesses such as in retail and the hospitality industry (...)

The Russian Competition Authority welcomes the intention of a railway company to implement the warning aiming to ending the abuse of dominance (Russian Railways)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 57364 visits
“Russian Railways” OJSC executed a FAS determination* The Federal Antimonopoly Service (FAS Russia) found that actions of “Russian Railways” OJSC had signs of violating the antimonopoly law (Clause 5 Part 1 Article 10 of the Federal Law “On Protection of Competition”). The company refused to (...)

The French Competition Authority fines an owner of newspapers for implementing eviction practices in the sports press sector (Journal du sport / Amaury)
EDHEC (Lille)
France 12 contributions 8197 visits
Summary The French competition authority held Groupe Amaury responsible for illegally preventing a new competitor from entering the market. Facts Groupe Amaury is the leader in the sports news market in France. Groupe Amaury is the owner of l’Equipe, the daily newspaper devoted to sports (...)

The French Competition Authority fines an owner of sports newspapers for implementing eviction practices in sports press sector (Le 10Sport.com / Les Éditions Philippe Amaury)
French Competition Authority (Paris)
France 748 contributions 411055 visits
The Autorité de la concurrence has fined the Groupe Amaury for having driven out of the market a new entrant in the sports press – Le 10Sport.com* The Autorité de la concurrence has fined Les Éditions Philippe Amaury (hereinafter the Groupe Amaury) an amount of 3.5 million euro for having (...)

The Italian Competition Authority closes an Article 102 TFEU investigation against the incumbent in the high speed rail market with a commitment decision (NTV / Fs / High speed trains)
Municipality of Cagliari
168 contributions 134413 visits
The Italian Competition Authority (ICA) has recently closed by a commitment decision an Article 102 TFEU investigation it had opened last year against the previous rail monopolist, the Ferrovie dello Stato (FS) group . In the NTV/Fs/Ostacoli all’accesso al mercato dei servizi passeggeri ad (...)

The Russian Competition Authority sends a warning against a rail company having abused of its dominance (Russian Railways)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 57364 visits
“Russian Railways” OJSC executed a FAS determination* The Federal Antimonopoly Service (FAS Russia) found that actions of “Russian Railways” OJSC had signs of violating the antimonopoly law (Clause 5 Part 1 Article 10 of the Federal Law “On Protection of Competition”). The company refused to (...)

The Australian Competition Authority institutes proceedings in the Federal Court against pharmaceutical producer for alleged misuse of market power and exclusive dealing in relation to its supply of atorvastatin to pharmacies (Pfizer)
Australian Competition and Consumer Commission (Canberra)
Australia 400 contributions 84808 visits
ACCC takes action against Pfizer Australia for alleged anti-competitive conduct* The Australian Competition and Consumer Commission has instituted proceedings in the Federal Court of Australia against Pfizer Australia Pty Ltd (Pfizer) for alleged misuse of market power and exclusive dealing (...)

The Italian Council of State reinstates penalties against a company for an abuse of dominant position to artificially extend the patent protection (Pfizer)
Ashurst (Milan)
Italy 103 contributions 30327 visits
Italy’s Council of State reinstates the fine imposed on Pfizer for delaying a generic’s market entry* On 12 February 2014, Italy’s Council of State (the “CdS”) dismissed the ruling of the lower administrative court (the “TAR Lazio”) which quashed the decision of Italian Competition Authority (...)

The Indian Competition Authority holds that ‘single malt whiskey’ does not constitute a relevant market and dismisses an allegation of abuse of a dominant position under the Competition Act (Global Traders / William Grant)
Department of Economics, Delhi School of Economics
India 8 contributions 2673 visits
Background of the Case Global Tax Free Traders (hereafter ‘Global’) were the exclusive importers and distributors in India of many of William Grant’s Scotch whiskey brands for over seven years. In early 2013, Grant gave notice that it would not renew its contract with Global. Instead, it (...)

The Canadian Government intends to incorporate into the Competition Act a new civil prohibition against unjustified cross-border price discrimination
Davies Ward Phillips & Vineberg (Toronto)
Canada 21 contributions 4054 visits
Canada grapples with pricing issues* Introduction With the exception of hard-core cartel conduct such as price-fixing and bid-rigging, Canadian competition law has de-emphasized in recent years the importance of pricing conduct as a source of anti-competitive harm. Thus, although the (...)

The Canadian government proposes amendment of the Competition Act to prohibit unjustified price discrimination and reduce the gap between consumer prices in Canada and the United States
Davies Ward Phillips & Vineberg (Toronto)
Canada 21 contributions 4054 visits
Proposed Amendment to Canada’s Competition Act to Prohibit “Unjustified” Cross-Border Price Discrimination* On February 11, 2014, the Canadian government included in its federal budget a proposed amendment to the Competition Act to prohibit unjustified price discrimination to reduce the gap (...)

The Russian Competition Authority considers that an insurance company has abused of its dominance (Rosgosstrakh)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 57364 visits
“Rosgosstrakh” unlawfully refuses to conclude agreements for mandatory civil liability motor-vehicle insurance with physical persons* On 10th February 2014, the Commission of Arkhangelsk OFAS Russia found that “Rosgosstrakh” Ltd. violated Clauses 3 and 5 Part 1 Article 10 of the Federal Law (...)

The Latvian Competition Authority fines the sole supplier of natural gas for refusal to conclude contracts (Latvijas Gāze)
Latvian Competition Council (Riga)
Latvia 124 contributions 24637 visits
The Competition Council sets to change the practice of debt collection of AS "Latvijas Gāze"* AS "Latvijas Gāze" as the only natural gas supplier in Latvia has abused its dominant position in the market by refusing to conclude natural gas vendor contracts with new clients before debts (...)

The Moscow Russian Arbitration Court of Appeal upholds the decision of the Competition Authority having judged that a glucose syrup manufacturer did not abuse its dominance (Cargill)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 57364 visits
The Court Суд acquitted the largest producer of starch and syrup and supported FAS decision* On 10th February 2014, the 9th Arbitration Appeal Court confirmed legitimacy of the decision of the Federal Antimonopoly Service (FAS Russia) that “Cargill A.O.” CJSC and “Cargill” Ltd. did not abuse (...)

The US DoJ issues a statement on the closing of an investigation into the use of a portfolio of standards-essential patents after the pursuit of obtaining exclusion orders from the U.S. ITC relating to certain iPhone and iPad models (Samsung)
DLA Piper Weiss-Tessbach (Vienna)
Austria 26 contributions 7709 visits
U.S. DOJ closes its investigation of Samsung’s use of its SEPs* On February 7, 2014 the Department of Justice (“DOJ”) issued a statement declaring that it closed its investigation into Samsung Electronics Co. Ltd.’s (“Samsung”) use of its Standards-Essential Patent (“SEP”) portfolio to (...)

The US FTC finds the largest domestic supplier of ductile iron pipe fitting liable for monopolization (McWane)
McDermott Will & Emery (Washington)
United States 16 contributions 3177 visits
On February 6, 2014, the Federal Trade Commission (FTC) released its opinion and final order against McWane Inc., finding the company unlawfully maintained its monopoly by excluding competitors. McWane Inc. is the largest domestic supplier of ductile iron pipe fittings, which are used in (...)

The US FTC finds that a manufacturer of domestic pipe fittings has unlawfully monopolized that market based on its exclusive dealing arrangements with key distributors (McWane)
Cornell University
United States 5 contributions 1348 visits
In February 2014, the Federal Trade Commission issued its Opinion against McWane, Inc., the industry leader in the U.S. market for small and medium diameter ductile iron pipe fittings (“fittings”). Such fittings join together pipes and help direct the flow of pressurized water in pipeline (...)

The Competition Authority of Bosnia and Herzegovina following a repeated investigation prosecutes the incumbent telecom operator for obstructing access to its network (BH Telecom)
University of Macau - Faculty of Law
China 284 contributions 226349 visits
On 6 February 2014 the Competition Authority of Bosnia and Herzegovina (KV) in a repeated investigation has established an abuse of dominant position committed by the incumbent telecom operator BH Telecom d.d. The KV has sanctioned the dominant operator for delaying the execution of (...)

The EU Commission obtains a new proposal on commitments in the context of an ongoing antitrust investigation on online searches and advertising (Google Shopping)
Ashurst (Milan)
Italy 103 contributions 30327 visits
Improved Google commitments (closer to) getting the thumbs up from the European Commission* On 5 February 2014, the European Commission issued a press release and a memo concerning the improved commitments proposed by Google (the commitments were made public by Google itself). At a press (...)

The EU Commission relies on antitrust enforcement to regulate leading web search engine (Google Shopping)
Belgian Competition Authority (Brussels)
Belgium 18 contributions 23592 visits
The Google commitments and the transformation of EU antitrust enforcement* The proceedings brought by the European Commission against Google are nearing a – provisional – end with the prospect of a decision making binding on Google a revised set of commitments (see here for the Commission (...)

The Canadian Federal Court of Appeal rules that abuse of dominance provisions could potentially apply to a person that controls a market without competing in that market (Toronto Real Estate Board)
Davies Ward Phillips & Vineberg (Toronto)
Canada 21 contributions 4054 visits
Canadian Federal Court of Appeal Expands Scope of Competition Act’s Abuse of Dominance Provisions* On February 3, 2014, the Federal Court of Appeal overturned the Competition Tribunal’s 2013 decision dismissing the Commissioner of Competition’s abuse of dominance allegations against the (...)

The Australian Government proposes a comprehensive reform of competition policy
Norton Rose Fulbright (Sydney)
Australia 1 contribution 119 visits
Australia is currently leading the world’s “Group of 20” economies (the G20) at a critical stage in the evolution of the world economy. In that context, Australia is taking the opportunity to make its mark on the future direction of global economic policy. A Communiqué brokered by Australia in (...)

Mergers

 The Cypriot Competition Authority receives notification of a merger in the telecommunication sector (Rocket Internet Germany / MTN Dubai)
Commission for the Protection of Competition of the Republic of Cyprus (Nicosia)
Cyprus 64 contributions 9161 visits
Notification of concentration regarding the acquisition of share capital of Middle East Internet Holding S.a.r.l. by MTN (Dubai) Ltd* The Service of the Commission for the Protection of Competition received on behalf of Rocket Internet GmbH and MTN (Dubai) Ltd notification of a proposed (...)

The Rotterdam District Court upholds the decision of the Dutch Competition Authority blocking a merger in the rusk and gingerbread sector (A.A. ter Beek / Continental Bakeries)
Bounce Valley (The Hague)
Netherlands 1 contribution 191 visits
1. Introduction On 14 December 2012, the Dutch Competition Authority (formerly "NMa", currently "ACM") blocked the proposed acquisition of A.A. ter Beek B.V. by Continental Bakeries B.V. (jointly the "Parties") (the "Merger") . Both companies are involved in the production of rusk and (...)

The EU Commission issues a statement of objections for allegedly submitting misleading market share information in a merger filing (Munksjö / Ahlstrom)
Simmons & Simmons (London)
United Kingdom 11 contributions 4274 visits
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Crowell & Moring (London)
United Kingdom 16 contributions 9867 visits
The European Commission has sounded a warning to parties notifying merger transactions, emphasising the fundamental importance of accurate market share data. On 25 February 2014, the European Commission announced that it had sent a statement of objections to two Finnish producers of (...)

The OECD holds a roundtable on investigations of consummated and non-notifiable mergers
OECD - Competition Division (Paris)
France 313 contributions 1448237 visits
Executive summary, by the Secretariat * Considering the discussion at the roundtable, the Note by the Secretariat as well as the delegates’ written submissions, several key points emerge: (1) Competition authorities follow different approaches to the review of consummated and non- (...)

The Chinese MOFCOM introduces simplified merger review provisions to improve process
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 69 contributions 33320 visits
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 20 contributions 12720 visits
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Skadden, Arps, Slate, Meagher & Flom (Hong Kong)
China 7 contributions 2404 visits
China Introduces Simplified Merger Review Provisions to Improve Process*Over the past several years, companies engaging in mergers, acquisitions and joint ventures have been subject to long and unpredictable competition reviews for transactions notified in China. Although China’s Anti-Monopoly (...)

The German Competition Authority issues a preliminary assessment of the planned acquisition of a number of TV programme magazines (Springer / Funke)
German Competition Authority (Bonn)
Germany 458 contributions 117160 visits
Springer/Funke - TV programme magazines Talks held with the Bundeskartellamt about the divestment of several print titles* The Bundeskartellamt confirms that on 24 February 2014 it has issued a preliminary assessment of the planned acquisition of the TV programme magazines Hörzu, Funk Uhr, (...)

The COMESA Competition Commission establishes an informal procedure to determine whether a transaction is reportable under its merger control rules, in order to "remedy" the zero turnover or assets thresholds
Sheppard Mullin (Brussels)
Belgium 14 contributions 18578 visits
New Developments in the COMESA Merger Control Regime – On the Path to Maturity* The Common Market of Eastern and Southern Africa (“COMESA”) is a supranational organisation with 19 Member States: Burundi, Comoros, Democratic Republic of Congo, Djibouti, Egypt, Eritrea, Ethiopia, Kenya, (...)

The Finnish Competition Authority approves conditionally a merger on the market for fitness centres (Elixia / SATS)
Finnish Competition and Consumer Authority (Helsinki)
Finland 75 contributions 12653 visits
The Finnish Competition and Consumer Authority approved the merger between Elixia and SATS subject to conditions* On 24 February 2014, the Finnish Competition and Consumer Authority (FCCA) conditionnally approved a deal, in which Altor Fund III and TryghedsGruppen smba acquired joint control (...)

The US FTC announces the revised thresholds for the Hart-Scott-Rodino Antitrust Improvements Act of 1976 required by the 2000 amendment of Section 7A of the Clayton Act
Sheppard Mullin (Washington)
United States 12 contributions 2014 visits
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Sheppard Mullin (Washington)
United States 12 contributions 2172 visits
Higher Filing Thresholds for HSR Act Premerger Notifications Effective February 24, 2014* 1. Higher Thresholds For HSR Filings Higher thresholds for premerger filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 will become effective on February 24, 2014. The filing (...)

The Australian Competition and Consumer Commission does not oppose the proposed acquisition of a flexible packaging operation
Australian Competition and Consumer Commission (Canberra)
Australia 400 contributions 84808 visits
ACCC to not oppose Amcor’s proposed acquisition of Detmold’s Australian operations* The Australian Competition and Consumer Commission will not oppose the proposed acquisition by Amcor Ltd of Detmold Group’s Australian flexible packaging operation. Detmold competes with Amcor in the supply (...)

The Australian Competition Authority does not oppose the proposed acquisition of a media monitoring business by a privately owned media intelligence company (iSentia / Australian Associated Press)
Australian Competition and Consumer Commission (Canberra)
Australia 400 contributions 84808 visits
ACCC to not oppose iSentia’s proposed acquisition of AAP’s media monitoring business The Australian Competition and Consumer Commission has announced that it will not oppose the proposed acquisition of Australian Associated Press Ltd’s media monitoring business by iSentia Pty Limited. (...)

The German Competition Authority clears acquisition of medical care centres and clinics pursuant to the exclusion from the transaction of hospitals operated on four regional medical care markets (Helios Kliniken / Rhön-Klinikum)
German Competition Authority (Bonn)
Germany 458 contributions 117160 visits
Bundeskartellamt clears acquisition by Helios Kliniken (Fresenius) of 40 clinics and 13 medical care centres operated by Rhön-Klinikum AG* The Bundeskartellamt has cleared plans by the Helios clinics, which belong to the Fresenius group, to acquire the control of a total of 40 clinics and 13 (...)

The New Zealand Commerce Commission approves joint-venture on the market for supply of plasterboard, ceiling tiles and ancillary building products (USG / Boral)
New Zealand Commerce Commission (Wellington)
New Zealand 180 contributions 25423 visits
Press releases published on New Zealand Commerce Commission USG Corporation and Boral Limited granted clearance to form a joint venture* The Commission has granted clearance to USG Corporation (USG) and Boral Limited (Boral) to enter into a joint venture. The proposed joint venture (...)

The Australian Competition Authority launches a market consultation on commitments in relation to a proposed acquisition of the business and assets of an energy supplier (AGL Energy / Macquarie Generation)
Australian Competition and Consumer Commission (Canberra)
Australia 400 contributions 84808 visits
ACCC to consult market on proposed undertaking from AGL* The Australian Competition and Consumer Commission today commenced market consultation on a proposed undertaking offered by AGL Energy Limited (AGL) in relation to its proposed acquisition of the business and assets of Macquarie (...)

The Italian Competition Authority opens an investigation for a possible breach of obligations imposed to prevent anti-competitive effects following a merger clearance in the insurance sector (Unipol Gruppo Finanziario / Premafin Finanziaria / Holding di Partecipazioni)
Queen Mary University of London
United Kingdom 8 contributions 4345 visits
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DFS Group (Paris)
France 1 contribution 836 visits
On the 19th of February 2014, the Italian Competition Authority (the “Authority” or “Italian Authority”) opened an investigation against Unipol Gruppo Finanziario (“UGF”) and Premafin Finanziaria S.p.A. – Holding di Partecipazioni S.p.A. (“Premafin”) for a possible breach of obligations set (...)

The Netherlands Authority for Consumers and Markets clears a merger between two hospitals (Noorderboog / Isala)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 212 contributions 36837 visits
ACM clears merger between two eastern Dutch hospitals* The Netherlands Authority for Consumers and Markets (ACM) has cleared the merger between two hospitals in the eastern Dutch provinces of Overijssel and Drenthe. These hospitals are the Noorderboog hospital in the city of Meppel and the (...)

The German Competition Authority clears acquisition of minority shares in several TV channels by a paid TV service supplier (Sky / Sport1 and others)
German Competition Authority (Bonn)
Germany 458 contributions 117160 visits
Merger cleared - Sky may acquire a participation in Sport1* Today the Bundeskartellamt cleared the acquisition of a minority share in the sports channel Sport1 by Sky Deutschland. The transaction also involves the acquisition of a minority share in Constantin Sport Marketing GmbH (CSM) and (...)

The Chinese MOFCOM publishes a set of provisions establishing substantive criteria necessary to fulfil in order to qualify as a simple merger case
King & Wood Mallesons (Beijing)
China 36 contributions 23526 visits
MOFCOM Takes a Major Step towards a Simplified Merger Control Procedure by Promulgating the Standards for Simple Cases* On February 11, 2014, China’s Ministry of Commerce (MOFCOM) published the long-awaited Interim Provisions on the Standards for Simple Cases of Concentrations of Operators (...)

The Cypriot Competition Authority receives notification of an international acquisition in the telecom sector (Africa Internet / Millicom)
Commission for the Protection of Competition of the Republic of Cyprus (Nicosia)
Cyprus 64 contributions 9161 visits
Notification of a concentration concerning the joint acquisition of the share capital of Africa Internet Holding GmbH by Mobile Telephone Networks Holdings (Pty) Ltd, Millicom International Cellular S.A. and Rocket Internet Holding GmbH* The Commission for the Protection of Competition (...)

The French Competition Authority conditionally clears an acquisition of sole control on the pay-TV market (Canal Plus Overseas / Mediaserv)
French Competition Authority (Paris)
France 748 contributions 411055 visits
Subject to a number of commitments, the Autorité de la concurrence has cleared the acquisition of Mediaserv by Canal Plus Overseas, a subsidiary of the Canal Plus Group* The Autorité de la concurrence has cleared, subject to a number of commitments, the exclusive takeover by the Canal Plus (...)

The Polish Competition Authority conditionally clears a merger on the laundry detergents market (Henkel / PZ Cussons)
WKB Wierciński Kwieciński Baehr (Warsaw)
Poland 19 contributions 6779 visits
In the decision of 6 February 2014, the President of the Office for Competition and Consumer Protection (hereinafter referred to as the “OCCP President”) gave conditional consent for Henkel to acquire a part of assets of undertakings belonging to the PZ Cussons’s capital group. Henkel, (...)

The UK Parliament proposes Ofcom to be provided with decision-making powers in mergers raising media plurality concerns
University of Glasgow (Glasgow)
United Kingdom 3 contributions 1381 visits
Article published on Centre for Competition Policy blog. Ofcom: A Credible Solution to Bias in Media Public Interest Mergers?* On 4 February, the House of Lords Select Committee on Communications published its Report on Media Plurality proposing a number of changes to media ownership (...)

The Cypriot Commission for the Protection of Competition receives notification of an acquisition on the market for supply of beverages processing systems (Miteco / Tetra Laval)
Commission for the Protection of Competition of the Republic of Cyprus (Nicosia)
Cyprus 19 contributions 3074 visits
Notification concerning the acquisition of the share capital of the Miteco AG and certain assets of the Miteco Italia S.r.l from the Tetra Laval Holdings & Finance SA*. The Service of the Commission for the Protection of Competition received, according to Section 13 of the Control of (...)

The US FTC challenges a merger in the hospital sector between a physician practice group and a hospital (Saint Alphonsus Medical Center-Nampa / St. Luke’s Health System)
Covington & Burling (Washington)
United States 21 contributions 1792 visits
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Covington & Burling (Washington)
United States 15 contributions 2266 visits
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Covington & Burling (Washington)
United States 1 contribution 62 visits
In late January, the U.S. Federal Trade Commission (FTC) prevailed in a challenge to a hospital merger involving an issue of great significance to the current health care marketplace: the acquisition of physician practice groups. In Saint Alphonsus Medical Center-Nampa v. St. Luke’s Health (...)

State Aid

 Aviation sector: The EU Commission issues new guidelines on airports and airlines bringing about improvements, but also adopting a too permissive approach in certain aspects
Maastricht University (Maastricht)
Belgium 357 contributions 67137 visits
Article published on Lexxion State Aid Blog The New Guidelines on State Aid to Airports and Airlines: Problematic Issues (part 2)* Last week I reviewed the main provisions of the new Guidelines on State Aid to Airports and Airlines. This week I focus on three issues which are either not (...)

The EU Court of Justice renders preliminary ruling on the notion of “linked enterprises” in relation to a dispute on the calculation of the amount of an investment subsidy (HaTeFo)
Maastricht University (Maastricht)
Belgium 357 contributions 67137 visits
Article published on Lexxion State Aid Blog SMEs Linked through Natural Persons Two or more enterprises may constitute a single undertaking when their owners and/or managers are related in a way that they can act jointly to exercise influence over the decision of those enterprises. (...)

The EU Commission holds that a market operator, unlike a public authority, does not have to treat all customers equally (Flughafen Berlin-Schönefeld)
Maastricht University (Maastricht)
Belgium 357 contributions 67137 visits
A Market Operator, unlike a Public Authority, Does not Have to Treat all Customers Equally* In managing infrastructure, a public authority acts as a private operator when it seeks a reasonable return on its investment and also takes into account the alternative of not operating the (...)

Aviation sector: The EU Commission publishes its new guidelines on State aid to airports and airlines
Maastricht University (Maastricht)
Belgium 357 contributions 67141 visits
* Article published on Lexxion State Aid Blog (click here), republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU Court of Justice rules that the national courts dealing with a case of recovery of illegal state aid may not disregard the statement of position made by the Commission in the relevant decision (Mediaset)
Maastricht University (Maastricht)
Belgium 357 contributions 67141 visits
Article published on Lexxion State Aid Blog The Role of National Courts in Recovery of Incompatible State Aid* Introduction In December I examined the judgment in the case of Lufthansa v Frankfurt-Hahn, which laid down certain obligations for national courts whenever they are petitioned (...)

The EU Court of Justice rules on questions referred by an Italian tribunal regarding the recovery of state aid from an Italian telecom company (Mediaset / Ministero dello Sviluppo Economico)
Avocat David Leys (Brussels)
United States 27 contributions 25946 visits
I. Facts On 24 January 2007, the Commission adopted the decision 2007/374 which stated that the scheme of aid applied to digital terrestrial broadcasters offering pay-TV services and cable pay-TV operators in Italy was incompatible with the internal market. Following the adoption of that (...)

The Court of Justice of the EU rules that under article 4(3) TEU a national court must take into account the Commission’s statements of position on the meaning and consequences of a Commission Decision (Mediaset)
Blackstone Chambers (London)
United Kingdom 8 contributions 1910 visits
“What’s in a Commission Decision?” and other lessons for national courts* In a decision of 13 February 2014, the Court of Justice of the European Union (“CJEU”) added a little gloss to an otherwise well-trodden path in relation to the binding aspects of a Commission Decision. For instance, (...)

The German Federal Office of Economics and Export Control publishes information regarding the reduction of the surcharge promoting renewable energy sources for energy-intensive companies and rail operators
Bird & Bird (Dusseldorf)
Germany 19 contributions 4054 visits
BAFA Publishes Figures on Reduction of EEG Surcharge for Energy Intensive Companies* The Federal Office of Economics and Export Control (BAFA) has published information regarding the reduction of the surcharge promoting renewable energy sources in Germany (“EEG-surcharge”) for (...)

Procedures

 The EU Court of Justice upholds the Commission’s refusal to give damages claimants access to its cartel case files (Energie Baden-Württemberg)
Sullivan & Cromwell (London)
United Kingdom 2 contributions 574 visits
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White & Case (London)
United Kingdom 4 contributions 655 visits
This article has been nominated for the 2015 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. The EU Transparency Regulation has been afflicted by the law of unintended consequences. It aims to provide a legal framework for the granting of public access (...)

The EU Court of Justice conditionates the access upon proof of the utter dependence on disclosure of the documents contained by the file (Energie Baden-Württemberg)
Mircea & Partners (Bucharest)
Romania 32 contributions 16834 visits
Access to information as a procedural right of a cartel victim as recognized by EU law* The judgement in Commission v EnBW (C-365/12, 27 February 2014) has already awakened a lot of interest. The facts are very simple. EnBW, an energy-distribution company requires access to the cartel file (...)

The Irish Competition Authority publishes its annual report for 2013
Irish Competition Authority (Dublin)
Ireland 104 contributions 16753 visits
Competition Authority publishes 2013 Annual Report* The Competition Authority has today published its Annual Report for 2013. The Authority is the State body responsible for enforcing Irish and European competition law in Ireland. The report summarises the work done by the Authority in (...)

The EU Court of Justice dismisses the use of the Transparency Regulation to gain access to cartel-related documents held by the European Commission (Energie Baden-Württemberg)
Ramón y Cajal (Madrid)
Spain 11 contributions 4200 visits
Background information The judgment in Commission v EnBW issued by the Court of Justice ("CJEU") on 27th February 2014 may constitute a landmark case in the context of access to cartel-related documents -in particular, leniency materials- held by the European Commission ("EC") which could be (...)

The EU Court of Justice gives a clear indication that sufficiently substantiated requests for access to documents from cartel victims are a matter of public interest (Energie Baden-Württemberg)
CDC Cartel Damage Claims (Brussels)
Belgium 16 contributions 17460 visits
On 9 November 2007, Energie Baden-Württemberg AG (“EnBW”) sought from the European Commission (“Commission”), on the basis of Regulation No 1049/2001 (the “Regulation”), access to all documents in the file relating to the proceeding that led to the adoption of the Gas insulated switchgear (...)

The Lithuanian Supreme Administrative Court supports the Competition Authority’s refusal to start an investigation (Lithuanian auto-entrepreneurs association)
Central Electoral Commission of the Republic of Lithuania (Vilnius)
Lithuania 6 contributions 1044 visits
On February 24th, 2014, The Lithuanian Supreme Administrative Court supported decision of Competition Council of the Republic of Lithuania (hereafter – NCA) where the latter refused to start an investigation concerning different standards for new and used vehicles. The question was as tightly (...)

The Australian Competition and Consumer Commission outlines its policy priorities for 2014 underlining that cartel conduct, anticompetitive agreements and misuse of market power will always be assessed as a primary concern
Australian Competition and Consumer Commission (Canberra)
Australia 400 contributions 84808 visits
ACCC 2014 compliance and enforcement policy promises action on drip pricing* The Australian Competition and Consumer Commission has released its 2014 Compliance and Enforcement Policy. The policy outlines the ACCC’s priority areas for the year and sets out the factors to be taken into (...)

The Polish Office of Competition and Consumer Protection submits for consultation the drafts of government documents on competition and consumer protection policy
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220597 visits
Poland: New Competition Policy Strategy of the Office of Competition and Consumer Protection* On 20 February 2014, the Office of Competition and Consumer Protection (UOKiK) submitted for consultation the drafts of government documents on competition and consumer protection policy before (...)

The Russian Competition Authority sanctions a port for having refused to submit documents following a request of information (Astrakhan Port)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 57364 visits
“Astrakhan Port” shall pay for failure to submit information to FAS* On 19th February 2014, the 12th Arbitration Appeal Court supported the determination of the Federal Antimonopoly Service (FAS Russia) to impose an administrative fine – 500,000 RUB upon “Astrakhan Port” OJSC for failure to (...)

The German Federal Court of Justice recognizes that information which became known to lawyers in the process of acquiring new clients may be subject to the right to refuse testimony
Deutsche Bahn (Frankfurt)
Germany 6 contributions 1921 visits
In its decision of 18 February 2014, the Federal Court of Justice (the “Court”) considered the right to refuse testimony to apply to any information which became known to a lawyer in the course of two telephone calls he made for the purpose of the acquisition of a new client. As a consequence, (...)

The German Federal Court of Justice recognizes that information which became known to lawyers in the process of acquiring new clients may be subject to the right to refuse testimony
Commeo (Frankfurt)
Germany 10 contributions 2649 visits
In its decision of 18 February 2014, the Federal Court of Justice (the “Court”) considered the right to refuse testimony to apply to any information which became known to a lawyer in the course of two telephone calls he made for the purpose of the acquisition of a new client. As a consequence, (...)

The French Competition Authority publishes results of its sector inquiry on long-distance coach transport
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220597 visits
France: The Autorité de la concurrence publishes Results of its Sector Inquiry on Long-Distance Coach Transport* On 27 February 2014, the Autorité de la concurrence (Autorité) published the conclusions of the extensive sector inquiry carried out over a one-year period on competition in the (...)

The England Court of Appeal remits the matter of rate card price in the pay TV market to the CAT for failure to address Ofcom’s competition concerns in detail (British Sky Broadcasting)
Blackstone Chambers (London)
United Kingdom 4 contributions 1253 visits
Pay TV: Court of Appeal sends message to the CAT* In its recent decision in British Sky Broadcasting Ltd v Office of Communications [2014] EWCA Civ 133 the Court of Appeal has sent a strong message to the CAT, criticising the Tribunal for its failure to properly consider the reasons (...)

The EU Parliament presents a report comprising amendments to the Commission’s legislative proposal concerning the regime of actions for damages prompted by infringements of competition law
Mircea & Partners (Bucharest)
Romania 32 contributions 16834 visits
Introduction In the beginning of the process of decentralization of the enforcement of competition law in the EU the necessity to encourage the development of private enforcement appeared to be more of a theoretical proposition than a tangible reality. Ten years after the adoption of the (...)

The Dutch Competition Authority imposes fines on the national association of medical practitioners for restricting the freedom of choice of the patients (LHV)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 212 contributions 36837 visits
ACM issues decision on objection regarding the establishment of new GPs* In late-2011, the Netherlands Authority for Consumers and Markets (ACM) imposed a fine on the Dutch National Association of General Practitioners (LHV). Following an objection filed by LHV, ACM has reviewed the case (...)

The Latvian Competition Council launches inquiry into supply of information systems to public authorities
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220597 visits
Latvia: The Competition Council launches Inquiry into Supply of Information Systems to Public Authorities* In February 2014, the Competition Council (CC) started an inquiry into the supply of information systems to public authorities. The CC intends to examine whether competition (...)

Regulatory

 The New Zealand Competition Authority issues information disclosure requirements for the owner and operator of the national electricity transmission grid (Transpower)
New Zealand Commerce Commission (Wellington)
New Zealand 180 contributions 25419 visits
New information disclosure requirements for Transpower* The Commerce Commission has today issued information disclosure requirements for Transpower, the owner and operator of the national electricity transmission grid. Under the new requirements, Transpower will publicly disclose (...)

The OECD holds a roundtable on competition issues in the distribution of pharmaceuticals
OECD - Competition Division (Paris)
France 313 contributions 1448212 visits
Executive summary, by the Secretariat * From the discussion at the roundtable, the delegates’ submissions and the invited presentations and papers, the following points have emerged: (1) Regulatory needs and competition concerns in the market for the distribution of pharmaceuticals are (...)

The OECD holds a roundtable on fighting corruption and promoting competition
OECD - Competition Division (Paris)
France 313 contributions 1448212 visits
Executive summary, by the Secretariat * The 13th edition of the Global Forum on Competition held a roundtable discussion on 27 February 2014 to discuss the fight against corruption and the promotion of competition so as to address five main questions: The relationship between competition and (...)

The Dutch Trade and Industry Appeals Tribunal schedules hearings as regards an application for interim injunction against two orders subject to periodic penalty payments imposed by ACM on the national telecom company (KPN)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 212 contributions 36837 visits
ACM orders KPN to hand over information that has been withheld* On January 31, 2014, the Netherlands Authority for Consumers and Markets (ACM) twice imposed an order subject to periodic penalty payments on Dutch telecom company KPN ordering the company to hand over to ACM information it had (...)

The European Parliament and the Council indite an area of application for the directive on the award of concession contracts meant to combine the scopes of the directive on public sector awards and the directive on the award of utilities contracts
University of Bristol - Law School
United Kingdom 92 contributions 25751 visits
Directive 2014/23 on concessions and the ’Frankenstein effect’* The more one analyses the content of Directive 2014/23 on concessions (the Concessions Directive), the more one realises that it is full of unnecessary complexities and that it is (unfortunately) a horrible example of the (...)

A German Higher Regional Court rejects the appeal filed by the supplier of water services confirming the applicability of competition law (BWB)
German Competition Authority (Bonn)
Germany 458 contributions 117158 visits
Düsseldorf Higher Regional Court confirms Bundeskartellamt decision on reduction of Berlin water prices* On 27 February 2014 the Düsseldorf Higher Regional Court has rejected the appeal filed by Berliner Wasserbetriebe (BWB) against the Bundeskartellamt’s decision of 4 June 2012. In this (...)

The Canadian Radio-Television and Telecommunications Commission announces a new public consultation on the state of competition on the market for wholesale mobile wireless services
Steve Szentesi Law Professional Corporation
France 55 contributions 14689 visits
Competition & Wireless: Want Your Say on Roaming, Wireless Regulation? CRTC Launches New Public Consultation* Earlier today, and close on the heels of the announcement of winners in the Government’s 700 MHz spectrum auction yesterday (see: here), the CRTC has announced that it is (...)

The Australian Competition and Consumer Commission does not object against price increase for monopoly letter services (Australia Post)
Australian Competition and Consumer Commission (Canberra)
Australia 400 contributions 84808 visits
ACCC does not object to postage price increase by Australia Post* The Australian Competition and Consumer Commission has decided to not object to Australia Post’s proposal to increase the prices of ordinary letter services, including the basic postage rate (BPR) from 60 cents to 70 cents. (...)

The New Zealand Commerce Commission issues final report on the effectiveness of the information disclosure regulation in relation to international airport (Christchurch)
New Zealand Commerce Commission (Wellington)
New Zealand 180 contributions 25419 visits
Press releases published on New Zealand Commerce Commission Commission issues final report on Christchurch International Airport* The Commerce Commission has released its final report to the Ministers of Commerce and Transport on the effectiveness of the information disclosure regulation (...)

The Canadian Government as part of its budget plan introduces a proposed amendment to the Competition Act to combat unjustified cross-border price discrimination
Fasken Martineau DuMoulin (Toronto)
Canada 16 contributions 583 visits
Generally higher Canadian (compared to U.S.) retail prices have from time to time been a concern for Canadian consumers. This concern appeared to become more acute over the course of the last decade as the Canadian dollar moved more or less to parity with the U.S. dollar (although more (...)

The New Zealand Commerce Commission releases a paper on price determination according to the final pricing principle regarding the unbundled bitstream access (Chorus)
New Zealand Commerce Commission (Wellington)
New Zealand 180 contributions 25419 visits
Press releases published on New Zealand Commerce Commission Commerce Commission releases UBA process and issues paper* The Commerce Commission has today released a paper which outlines the proposed process for pricing Chorus’ wholesale broadband – the unbundled bitstream access (UBA) (...)

The Irish Competition Authority submits that proposed new taxi regulations could create barriers to entry, increasing prices and waiting times for taxi users
Irish Competition Authority (Dublin)
Ireland 104 contributions 16753 visits
New taxi regulations could increase prices and waiting times for consumers – Competition Authority* In a submission to the National Transport Authority (NTA), the Competition Authority warned that proposed new taxi regulations could create a barrier to entry that will increase prices and (...)